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

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

Vol. 143 WASHINGTON, THURSDAY, JULY 24, 1997 No. 106 Senate The Senate met at 9:45 a.m. and was Also, by consent, at 10 a.m., the Sen- Renden, an intern in my office, be al- called to order by the President pro ate will proceed to a series of rollcall lowed to be on the floor for the dura- tempore [Mr. THURMOND]. votes on the remaining amendments to tion of today. the agriculture appropriations bill, in- PRAYER The PRESIDING OFFICER. Without cluding final passage. objection, it is so ordered. The Chaplain, Dr. Lloyd John Following disposition of the agri- Ogilvie, offered the following prayer: culture appropriations bill, it is the in- Mr. WELLSTONE. I thank the Chair. Almighty God, our day is filled with tention of the majority leader to pro- Mr. President, I offered this amend- challenges and decisions. In the quiet ceed to consideration of the transpor- ment last night. We had a fairly thor- of this magnificent moment of con- tation appropriations bill. ough discussion. I don’t think this is an versation with You we dedicate this Therefore, Members can anticipate adversarial relationship with my col- day. We want to live it to Your glory. additional rollcall votes throughout to- league from Mississippi. We praise You that it is Your desire day’s session of the Senate. Let me just briefly summarize. to give Your presence and blessings to those who ask You. You give strength f This amendment revives what is and power to Your people when we seek AGRICULTURE, RURAL DEVELOP- called the Outreach and Start Up You above anything else. You guide the MENT, FOOD AND DRUG ADMIN- Grant Program for school breakfasts. humble and teach them Your way. Help ISTRATION, AND RELATED Let me point out to my colleagues us to humble ourselves as we begin this AGENCIES APPROPRIATIONS, 1998 what this is about. day so that no self-serving agenda or The PRESIDING OFFICER (Mr. This is a Children’s Defense Fund self-aggrandizing attitude will block BROWNBACK). Under the previous order, poster. ‘‘Remember these hungry kids Your blessings to us or to our Nation the Senate will now resume consider- in China? Now they are in Omaha.’’ through us. Speak to us so that we may ation of S. 1033, which the clerk will re- They could be in any of our States. speak with both the tenor of Your port. We have 5.5 million American chil- truth and the tone of Your grace. The assistant legislative clerk read dren who do not regularly get enough Make us maximum by Your spirit for as follows: the demanding responsibilities and re- to eat. There was a $5 million outreach A bill (S. 1033) making appropriations for lationships of this day. We say with the program that we eliminated last year Agriculture, Rural Development, Food and in the welfare bill. I don’t think col- Psalmist, God, be merciful to us and bless Drug Administration, and Related Agencies us, and cause Your face to shine upon us, leagues knew what they were voting programs for the fiscal year ending Sep- on. They did when it came to the over- that Your way may be known on earth, tember 30, 1998, and for other purposes. Your salvation among the nations.— all welfare bill. But this was one tiny The Senate resumed consideration of provision. Psalm 67:1–2. Amen. the bill. f Pending: The argument that was made about this outreach program was that it was Wellstone amendment No. 972, to provide RECOGNITION OF THE ACTING too successful. That is to say, we have MAJORITY LEADER funds for outreach and startup of the school breakfast program. 8 million children who could qualify for The PRESIDENT pro tempore. The AMENDMENT NO. 972 the School Breakfast Program but able acting majority leader, Senator The PRESIDING OFFICER. By pre- don’t receive it because many school COCHRAN of Mississippi, is recognized. vious order, we have 10 minutes on the districts and States aren’t yet able to f Wellstone amendment: 5 minutes con- set it up. SCHEDULE trolled by the Senator from Minnesota This $5 million outreach program Mr. COCHRAN. Mr. President, this and 5 minutes controlled by the floor made a huge difference. It was very morning the Senate will resume con- manager of the bill. successful, and, indeed, the School sideration of S. 1033, the agriculture Who seeks time? Breakfast Program is credited as being appropriations bill. Mr. WELLSTONE addressed the one of the most successful nutritional By previous consent, there will be 10 Chair. programs in our country. minutes of debate equally divided be- The PRESIDING OFFICER. The Sen- I fear that too many of my colleagues tween Senator COCHRAN and Senator ator from Minnesota. do not understand that there are chil- WELLSTONE on the Wellstone amend- PRIVILEGE OF THE FLOOR dren in our country who go to school ment regarding school breakfast out- Mr. WELLSTONE. Mr. President, I hungry, and we are not doing very reach. ask unanimous consent that Greg much about it. When children go to

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

S7987

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7988 CONGRESSIONAL RECORD — SENATE July 24, 1997 school hungry, they don’t do well in meal, so that they can start school on for debate between each amendment, school, and when they don’t do well in the right foot and do well. which will be stacked with time equal- school they can’t learn, and when they Mr. President, how much time do I ly divided. are adults later on they can’t earn. have left? Those amendments under the order It is very shortsighted that we elimi- The PRESIDING OFFICER. The Sen- are the Wellstone amendment; the nated this program. We should not ator’s time has expired. managers’ package, which was adopted have done so. Mr. COCHRAN addressed the Chair. last night; the Bingaman amendment Mr. President, there are 8 million The PRESIDING OFFICER. The Sen- on CRP, which we are advised will not children spread across 27,000 schools ator from Mississippi. be offered; the Robb amendment on who go to school hungry or are mal- Mr. COCHRAN. Mr. President, I yield farmers’ civil rights, which we hope nourished or without enough to eat. myself such time as I may consume to will be resolved on a voice vote. We The distinctions aren’t that important. remind Senators that this is an issue have proposed an alternative to the We can do better. that came up during the welfare reform Robb amendment which is under con- For $5 million we can have an out- debate. The President proposed repeal sideration now, we are told, and a reach program that will enable more of of these startup grants during last Johnson amendment on livestock pack- our States and more of our school dis- year’s welfare reform debate. ers’ issues. We are advised that that tricts to provide a school breakfast, a In addition, the Democratic sub- will not be offered. nutritious meal, to children before stitute welfare reform bill and the Re- So, with the vote on the motion to they start school. publican welfare reform bill contained table the Wellstone amendment, and if Mr. President, again this is an ex- a provision to repeal these grants. we do not need a vote on the Robb tremely effective program. Study after Funds were taken from the grant pro- amendment, then we will move to final study has really pointed out that the gram to expand the school breakfast passage immediately after the vote on School Breakfast Program makes an and summer food service programs. the motion to table the Wellstone enormous difference. It makes an enor- Additionally, the Senate voted on a amendment. mous difference in terms of overall test similar proposal to the Wellstone I yield the floor. scores. It makes an enormous dif- amendment on the Department of De- Mr. BINGAMAN addressed the Chair. ference in terms of whether students fense authorization bill on July 9 and The PRESIDING OFFICER. The Sen- drop out of school or not, whether they defeated it by a vote of 65 to 33. ator from New Mexico. arrive at school on time, and how well The question is not whether we need PRIVILEGE OF THE FLOOR they do. to do more in terms of acquainting stu- Mr. BINGAMAN. Mr. President, I ask Clearly this amendment speaks to dents and school districts and parents unanimous consent that David priorities. Surely we can find $5 mil- with the availability of these impor- Schindel, a legislative fellow in my of- lion. tant nutrition programs. The question fice, be granted floor privileges for the Mr. President, the offset is from is: Do we need Federal dollars that remainder of the day. funds allocated to the crop insurance could otherwise go to the feeding pro- The PRESIDING OFFICER. Without companies for which right now the grams themselves to be diverted for objection, it is so ordered. total amount is $202 million. In the that purpose, or do we need to divert, Who seeks recognition? Senate we have $24 million more than as the Senator suggests, funds from Mr. ROBB addressed the Chair. the House appropriated. We have $52 other parts of this appropriations bill The PRESIDING OFFICER. The Sen- million more than the President appro- which are needed for other matters? ator from Virginia. priated. Our suggestion is that we try to do a FARMERS’ CIVIL RIGHTS The GAO in a very critical report of better job of working with local school Mr. ROBB. Mr. President, I have an this insurance program pointed out districts, with parent groups, with the amendment that we have been working that there is $81 million more than the schools themselves, to make sure that very hard to work out. I commend and companies’ expenses for selling and all students are aware of the avail- appreciate the cooperation of the servicing crop insurance. ability of these programs. chairman and the ranking member of I am very careful to maintain the in- We have increased funding for all of the Agriculture Committee. tegrity of this program—a mere $5 mil- the food nutrition programs as a whole. It is an amendment that has been re- lion transfer, $5 million out of $24 mil- The WIC program, for example, has quested specifically by the Secretary of lion more than the House allocated, $5 over $200 million increased funding in Agriculture to address a very serious million out of $52 million we have more this bill to guarantee that the current problem. We have had documented dis- than the President asked for, which participation rate will not be com- crimination by the U.S. Department of could go to an outreach program for promised as a result of our effort to re- Agriculture against minority and im- school breakfast. duce spending and balance the budget. poverished farmers over an extended I make this appeal to colleagues. We are protecting those who are vul- period of time. A report that he re- There are too many children in our nerable. We are protecting those who quested that took 90 days to compile country who are malnourished. There need assistance to meet their nutrition again documented the same problem. are too many children who cannot needs in this budget. We have reports going back to 1995 to learn. There are too many children who This is a sensitive bill on this sub- document the problem. have rotting teeth because they don’t ject, and I urge all Senators to vote To the best of my knowledge, no Sen- get the decent meals that they deserve against this amendment. ator who has worked with me or and the adequate meal that they de- Mr. President, I yield the remainder worked on this particular problem has serve and the nutrition that they de- of my time. suggested in any way, shape, or form serve. There are too many children who I move to table the Wellstone amend- that the problem does not exist and aren’t able to concentrate in school. ment, and I ask for the yeas and nays. that we do not have an obligation to There are too many children who suffer The PRESIDING OFFICER. Is there a solve it. The only difficulty that we from health care problems because sufficient second? have run into is identifying the precise they don’t have an adequate diet. There is a sufficient second. offset. The offset that the Secretary of We never should have done that. We The yeas and nays were ordered. the Department of Agriculture rec- never should have done this. We elimi- Mr. COCHRAN. Mr. President, the ommended is one in terms of a very nated the most successful outreach vote on the amendments under the small reduction in the crop insurance program—total cost for the whole Na- order will commence at 10 a.m. We Program, taking it down from 28 to tion, $5 million. have not yet reached that hour. 27.9, I believe it is. Surely it is not asking too much of Let me, for the information of Sen- I hope that by the time the vote will my colleagues to allocate a transfer of ators, remind them that we have other actually be required we will have re- this small amount of money to make amendments that were stated in the solved this particular question. If we sure that we provide children with an order as subject to votes beginning at do not, I say and I pledge to those inadequate breakfast, with a decent 10 o’clock this morning with 2 minutes volved on both sides of the aisle that

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7989 we will do everything we can between ‘‘(f) OUTREACH AND STARTUP.— ‘‘(A)(i) in which the numbers of children now and conference to ensure that we ‘‘(1) DEFINITIONS.—In this subsection: participating in the summer food service ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible program for children represent the lowest have an offset that is consistent with school’ means a school— the programs that the various Mem- percentages of the number of children receiv- ‘‘(i) attended by children, a significant pering free or reduced price meals under the bers are interested in protecting but, centage of whom are members of low-income school lunch program established under the most importantly, addresses this situa- families; National School Lunch Act (42 U.S.C. 1751 et tion. ‘‘(ii)(I) as used with respect to a school seq.); or The bottom line is that the inves- breakfast program, that agrees to operate ‘‘(ii) that do not have summer food service tigative unit in the Department of Ag- the school breakfast program established or program for children available to a large expanded with the assistance provided under number of low-income children in the State; riculture, unbeknownst to the farmers this subsection for a period of not less than who were affected by the discrimina- and 3 years; and ‘‘(B) that submit to the Secretary a plan to tion, was abolished 13 years ago, and ‘‘(II) as used with respect to a summer food expand the summer food service programs service program for children, that agrees to they were relying on that. The Depart- for children conducted in the State, includ- operate the summer food service program for ment of Agriculture says they need ing a description of— children established or expanded with the as- this particular remedy to solve the ‘‘(i) the manner in which the State will sistance provided under this subsection for a problem. provide technical assistance and funding to period of not less than 3 years. We will work with the committee and service institutions in the State to expand ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- the programs; and work with the conferees, if necessary, ice institution’ means an institution or orga- ‘‘(ii) significant public or private resources if we can’t come up with the right off- nization described in paragraph (1)(B) or (7) that have been assembled to carry out the set. But I hope that this can be accept- of section 13(a) of the National School Lunch expansion of the programs during the year. ed, and if it is not, I hope that we get Act (42 U.S.C. 1761(a)). ‘‘(7) RECOVERY AND REALLOCATION.—The ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR a vote on it—a very positive vote on it. Secretary shall act in a timely manner to re- We will certainly work hard to make CHILDREN.—The term ‘summer food service program for children’ means a program au- cover and reallocate to other States any sure that we have the appropriate off- thorized by section 13 of the National School amounts provided to a State educational set at the appropriate time. Lunch Act (42 U.S.C. 1761). agency or State under this subsection that Thank you, Mr. President. ‘‘(2) PAYMENTS.—The Secretary shall make are not used by the agency or State within a Mr. COCHRAN. Mr. President, I am payments on a competitive basis and in the reasonable period (as determined by the Sec- happy to hear the remarks of the dis- following order of priority (subject to the retary). tinguished Senator from Virginia, and other provisions of this subsection), to— ‘‘(8) ANNUAL APPLICATION.—The Secretary shall allow States to apply on an annual I am encouraged by his attitude to try ‘‘(A) State educational agencies in a substantial number of States for distribution to basis for assistance under this subsection. to work this out so that we will not eligible schools to assist the schools with ‘‘(9) GREATEST NEED.—Each State agency have to prolong the time of Senators nonrecurring expenses incurred in— and State, in allocating funds within the this morning on a rollcall vote if it is ‘‘(i) initiating a school breakfast program State, shall give preference for assistance not necessary. We think that this is a under this section; or under this subsection to eligible schools and matter of importance as well, and we ‘‘(ii) expanding a school breakfast pro- service institutions that demonstrate the hope that adequate funds can be made gram; and greatest need for a school breakfast program available so that there can be in the of- ‘‘(B) a substantial number of States for dis- or a summer food service program for chil- tribution to service institutions to assist the dren, respectively. fice of civil rights in the Department of institutions with nonrecurring expenses in- ‘‘(10) MAINTENANCE OF EFFORT.—Expendi- Agriculture funds needed to carry on curred in— tures of funds from State and local sources this important work. ‘‘(i) initiating a summer food service pro- for the maintenance of the school breakfast Mr. WELLSTONE addressed the gram for children; or program and the summer food service pro- Chair. ‘‘(ii) expanding a summer food service program for children shall not be diminished as The PRESIDING OFFICER. The Sen- gram for children. a result of payments received under this sub- ‘‘(3) PAYMENTS ADDITIONAL.—Payments re- ator from Minnesota. section.’’. ceived under this subsection shall be in addi- At the end of the bill, insert the following AMENDMENT NO. 972, AS MODIFIED tion to payments to which State agencies new section: Mr. WELLSTONE. I have just been are entitled under subsection (b) of this sec- SEC. . The Secretary shall reduce funding conferring with my colleagues from tion and section 13 of the National School for travel and office expenses within the De- Kansas and Arkansas. I ask unanimous Lunch Act (42 U.S.C. 1761). partment of Agriculture sufficient to reduce consent that I be able to modify my ‘‘(4) STATE PLAN.—To be eligible to receive spending in terms of budget authority and a payment under this subsection, a State budget outlays by an amount sufficient to amendment that the offset be from educational agency shall submit to the Sec- travel and administrative costs within fully cover the costs of the outreach and retary a plan to initiate or expand school startup grants for the School Breakfast Pro- the Department of Agriculture. breakfast programs conducted in the State, gram. The PRESIDING OFFICER. Is there including a description of the manner in objection? which the agency will provide technical as- The PRESIDING OFFICER. The Mr. COCHRAN. I have no objection. sistance and funding to schools in the State question now is on agreeing to the mo- Mr. WELLSTONE. I thank the Sen- to initiate or expand the programs. tion to table the amendment. ator. ‘‘(5) SCHOOL BREAKFAST PROGRAM PREF- The yeas and nays have been ordered. ERENCES.—In making payments under this The clerk will call the roll. The PRESIDING OFFICER. Without subsection for any fiscal year to initiate or objection, it is so ordered. The legislative clerk called the roll. expand school breakfast programs, the Sec- Mr. FORD. I announce that the Sen- Will the Senator send the modifica- retary shall provide a preference to State tion to the desk. educational agencies that— ator from Massachusetts [Mr. KEN- The amendment is so modified. ‘‘(A) have in effect a State law that re- NEDY] is necessarily absent. The amendment (No. 972), as modi- quires the expansion of the programs during I further announce that, if present fied, is as follows: the year, and voting, the Senator from Massa- ‘‘(B) have significant public or private re- On page 47, line 6, strike ‘‘$7,769,066,000’’ chusetts [Mr. KENNEDY] would vote sources that have been assembled to carry ‘‘nay.’’ and insert ‘‘$7,774,066,000’’. out the expansion of the programs during the The PRESIDING OFFICER (Mr. ROB- On page 47, line 13, insert after ‘‘claims’’ year; the following: ‘‘: Provided further, That not ‘‘(C) do not have a school breakfast pro- ERTS). Are there any other Senators in less than $5,000,000 shall be available for out- gram available to a large number of low-in- the Chamber who desire to vote? reach and startup in accordance with section come children in the State; or The result was announced—yeas 54, 4(f) of the Child Nutrition Act of 1966 (42 ‘‘(D) serve an unmet need among low-in- nays 45, as follows: U.S.C. 1773(f))’’. come children, as determined by the Sec- [Rollcall Vote No. 200 Leg.] On page 66, between lines 12 and 13, insert retary. the following: ‘‘(6) SUMMER FOOD SERVICE PROGRAM PREF- YEAS—54 SEC. 728. OUTREACH AND STARTUP FOR THE ERENCES.—In making payments under this Abraham Bond Coats SCHOOL BREAKFAST PROGRAM. subsection for any fiscal year to initiate or Allard Brownback Cochran Section 4 of the Child Nutrition Act of 1966 expand summer food service programs for Ashcroft Burns Collins (42 U.S.C. 1773) is amended by adding at the children, the Secretary shall provide a pref- Bennett Campbell Coverdell Biden Chafee Craig end the following: erence to States—

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7990 CONGRESSIONAL RECORD — SENATE July 24, 1997 Domenici Hutchinson Roberts On page 7, line 16, before the period, insert for a national forum, and appointed a Enzi Hutchison Roth the following: ‘‘: Provided further, That of the Civil Rights Action Team to conduct a Faircloth Inhofe Santorum total amount appropriated, not less than Frist Johnson Sessions thorough audit of USDA civil rights $13,774,000 shall be made available for civil Glenn Kempthorne Shelby issues inside and outside the depart- Gorton Kyl Smith (NH) rights enforcement, of which up to $3,000,000 ment. shall be provided to establish an investiga- Gramm Lott Smith (OR) Within 90 days, the Civil Rights Ac- Grams Lugar Snowe tive unit within the Office of Civil Rights’’. Grassley Mack Stevens On page 34, line 6, strike ‘‘$47,700,000’’ and tion Team published a 121-page report Gregg McCain Thomas insert in lieu thereof ‘‘$44,700,000’’. confirming not only that small and mi- Hagel McConnell Thompson On page 35, line 1, strike ‘‘$3,000,000’’ and nority farmers had often not been Hatch Murkowski Thurmond insert in lieu thereof ‘‘$4,000,000’’. Helms Nickles Warner served at all, but in many cases the Mr. ROBB. Mr. President, I rise service provided by USDA appeared to NAYS—45 today to offer an amendment to the be detrimental to their survival. Mi- Akaka Durbin Levin Agriculture appropriations bill that nority farmers have lost significant Baucus Feingold Lieberman Bingaman Feinstein Mikulski will provide USDA with the resources amounts of land and potential farm in- Boxer Ford Moseley-Braun to reestablish the Department’s inves- come as a result of discrimination by Breaux Graham Moynihan tigative unit and to improve outreach USDA agencies. Bryan Harkin Murray Secretary Glickman came to the Bumpers Hollings Reed efforts, ensuring equal access for all Byrd Inouye Reid farmers in USDA programs. This Capitol just last week and addressed Cleland Jeffords Robb amendment will allow the Department the House Agriculture Committee on Conrad Kerrey Rockefeller of Agriculture to resolve the backlog of racial discrimination. The Secretary D’Amato Kerry Sarbanes admitted that his Department has ‘‘a Daschle Kohl Specter complaints made by farmers who have DeWine Landrieu Torricelli suffered racial discrimination at the long history of both discrimination and Dodd Lautenberg Wellstone hands of USDA, and will provide the perceptions of unfairness that go back Dorgan Leahy Wyden Department with the resources nec- literally to the middle of the 19th cen- NOT VOTING—1 essary to eradicate discrimination and tury.’’ The Secretary acknowledged Kennedy improve small and minority farmers’ that USDA does not fully practice The motion to lay on the table the participation in agricultural programs. what they preach, and during field amendment (No. 972) was agreed to. Mr. President, discrimination of any hearings he had spoken to people who Mr. COCHRAN. Mr. President, I move kind is offensive. But it is even more had lost their farms and lost their fam- to reconsider the vote. repugnant when it is practiced by peo- ily land, as he said, ‘‘not because of a Mr. BUMPERS. I move to lay that ple within the Federal Government— bad crop, not because of a flood, but be- motion on the table. the very body that is supposed to come cause of the color of their skin.’’ The The motion to lay on the table was to the aid of the disadvantaged and the Secretary went on to state his desire to agreed to. dispossessed. Sadly, Mr. President, the close this chapter of USDA’s history Several Senators addressed the Department of Agriculture has had a and stated his goal is ‘‘to get USDA out Chair. long history of discrimination against from under the past and have it emerge The PRESIDING OFFICER. The Sen- minority and disadvantaged farmers, in the 21st century as the Federal civil ator from Mississippi will be recog- as well as minority and women employ- rights leader.’’ I commend the Secretary for his nized. Prior to the Senator speaking, ees. however, the Senate will come to Mr. President, for too long serving leadership in candidly and openly ad- order. the needs of small and disadvantaged dressing an issue that for too long has plagued the U.S. Department of Agri- Mr. STEVENS. Mr. President, we do farmers has clearly not been a priority culture. I am convinced that his com- not have order. for USDA, and until recently the De- mitment to eradicating discrimination The PRESIDING OFFICER. The Sen- partment had not supported any co- at USDA is genuine, but before we can ator from Alaska is correct. ordinated effort to address this prob- The Senator from Mississippi is rec- solve the problem prospectively, we lem. In fact, despite decades of docu- ognized. have to focus on the problem at hand, mented discrimination in program de- AMENDMENT NO. 977 the nearly 800 pending complaints. livery and employment, USDA ac- I initially intended to offer an (Purpose: To provide additional funding for knowledges today they have a backlog the Outreach Program for Socially Dis- amendment to the Agricultural appro- advantaged Farmers and earmark funds for of nearly 800 racial discrimination priations bill that would give USDA the civil rights investigative unit) complaints by farmers, some of which the necessary authority and resources Mr. COCHRAN. Mr. President, under have been pending for over 7 years. to eliminate any legal impediments the order, there is an opportunity for Even Agriculture Secretary Dan Glick- and expedite the settlement of the the offering of a Robb amendment on man admits that for ‘‘far too long nearly 800 pending discrimination com- farmers civil rights. We have now USDA has turned a blind eye to seri- plaints by farmers against the Depart- worked out an alternative to the ous, pervasive problems with [the] civil ment of Agriculture. amendment that was first presented. I rights system.’’ Fortunately, Secretary After speaking to Secretary Glick- will yield the floor to the Senator from Glickman is committed to fixing this man on Monday, the Secretary indi- Virginia to describe his amendment. long-standing problem, but he needs cated that he intends to settle claims The PRESIDING OFFICER. The Sen- the tools to accomplish the task. out of the Judgment Fund and that he ator from Virginia is recognized. Mr. President, I have discovered that does not view the identification of a Mr. ROBB. Mr. President, I send an although studies, reports, and task funding source as an impediment to en- amendment to the desk and I ask for forces from 1965 to 1997 have all docu- tering into appropriate settlements. its immediate consideration. mented discrimination and mistreat- Because he is persuaded that existing The PRESIDING OFFICER. The ment of minority and socially dis- mechanisms can be used to provide ap- clerk will report the amendment. advantaged customers, as well as agen- propriate remedies to those aggrieved, The assistant legislative clerk read cy employees, many do not know the my original amendment, at this time, as follows: extent of these long-standing problems will not be necessary. The Senator from Virginia [Mr. ROBB] pro- plaguing the Department. The Secretary did alert me to two poses an amendment numbered 977. The reality is black farmers in the areas where he urgently needs addi- Mr. ROBB. Mr. President, I ask unan- United States are dwindling at three tional funds, however. These two areas imous consent that reading of the times the rate of farmers nationwide— are directly related to resolving the amendment be dispensed with. nearly to the point of extinction. current backlog of racial discrimina- The PRESIDING OFFICER. Without In December 1996, after a group of tion complaints by farmers, and my objection, it is so ordered. black farmers demonstrated outside current amendment addresses this The amendment is as follows: the White House calling for fair treat- need. On page 7, line 3, strike ‘‘$24,948,000’’ and ment in agricultural lending programs, In 1983, the civil rights investigative insert in lieu thereof ‘‘$26,948,000’’. Secretary Glickman promptly called unit at USDA was simply abolished.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7991 For 14 years, farmers were led to be- certainly hope that no Member of Con- subsidies to credit, research and trade lieve their cases were being inves- gress would want to see that happen. policies. Included in this legislation tigated when in truth they were not. Mr. President, very briefly, I thank were provisions that specifically cov- As a result, determinations were being the chairman and the ranking member ered the peanut program, provisions made on some cases based on prelimi- of the Agriculture Committee. A num- which made considerable changes to nary findings often compiled by the ber of Members in agricultural States the program. person accused of discrimination and presented difficulties with the original This year, despite the significant the backlog of cases has grown to 798 proposed solution, none more impor- work that went into putting the farm complaints. tant than the current Presiding Officer bill together, despite the fact that the Without investigation, virtually none who apprised this Senator of concerns farm bill reforms of the peanut proof the complaints can now be settled. about one of the original offsets. We gram have only been on the books for That’s why the Secretary needs to re- have now worked it out, where there is little over a year and have only af- establish the investigative unit to fi- agreement on both sides. It is sup- fected one crop, and despite the fact nally resolve the longstanding problem ported by the administration. that thousands of farmers have made plaguing the Department of Agri- Basically, this reestablishes the insignificant financial and farming com- culture. The Secretary’s goal is to es- vestigative unit for the Department of mitments through the year 2002 in reli- tablish a 34-person investigative unit Agriculture. ance upon the provisions of the farm to address the backlog by July 1998 and Mr. BYRD. Mr. President, may we bill, some Members have discussed to ensure timely resolution of all fu- have order? undoing the work of the sponsors of the ture complaints, and my current The PRESIDING OFFICER. The Sen- farm bill and dismantling the peanut amendment provides the Secretary ator from West Virginia is precisely program. with $2 million for that purpose. correct. Mr. President, I feel any attempt to Mr. President, the process for resolv- Mr. BYRD. Mr. President, may we change the peanut program is unneces- ing complaints has failed our Nation’s have order in the Senate? sary, misguided, and would ultimately farmers. Today, we have to give the The PRESIDING OFFICER. The Sen- destroy American peanut farming and Secretary the necessary resources so ator from Virginia is recognized. American peanut farmers. Mr. ROBB. Thank you, Mr. President. that he may back up his sympathetic Mr. President, the peanut program As I say, this amendment will reestab- words with action. We have to begin in- helps support more than 16,000 family lish the investigative unit for the Of- vestigating these complaints so the farmers, many of whom live in some of fice of Civil Rights. It will provide the farmers’ cases, some over 7 years old, the poorest, most agriculturally de- additional money necessary for the can finally be settled. pendent areas in the United States. Mr. Mr. President, the Secretary has also outreach for minority and socially dis- President, the peanut program provides indicated that the funding level cur- advantaged farmers. This is precisely American consumers with a steady and rently in the Agriculture appropria- what the Secretary of Agriculture said large supply of safe and cheap peanuts tions bill for the Outreach for Socially is necessary to solve a vexing problem and peanut products. Disadvantaged Farmers and Ranchers that has been with the department for Mr. President, the peanut program Program is insufficient. My new decades. Literally it has been docu- works for American peanut farmers amendment provides USDA with an ad- mented time and time again. and American consumers. It has been ditional $1 million to improve USDA I thank all Senators who worked on significantly revised in recent years outreach efforts. The Department ac- finding the appropriate offsets so we and these revisions will only serve to knowledges that poor outreach efforts could provide the funding that the de- enhance the program if allowed to are central to the USDA’s failure to partment has requested. I believe it has stand. We must allow farmers who have meet the needs of minority farmers. In- been cleared and approved on both relied on the farm bill an opportunity creased funding, as well as improved sides. to work within the new peanut pro- targeting, will improve minority par- With that information, I urge adop- gram. ticipation in USDA programs and will tion of the amendment at this time. demonstrate the Department’s com- The PRESIDING OFFICER. If there Mr. BYRD. Mr. President, I congratu- mitment to serving their needs. be no further debate, the question is on late Senator COCHRAN, the chairman of Virginia farmers have told me the agreeing to the amendment. the Agriculture, Rural Development, importance of this outreach effort and The amendment (No. 977) was agreed Food and Drug Administration and Re- I agree, equal program access for all to. lated Agencies Appropriations Sub- farmers is crucial. Mr. COCHRAN. Mr. President, I move committee, and Senator BUMPERS, the Before President Clinton can lead to reconsider the vote. ranking member, for bringing to the this country in a discussion about race Mr. ROBB. I move to lay that motion Senate Floor the Fiscal Year 1998 Ap- relations, we must first confront the on the table. propriations Bill. This bill will provide discrimination within our Federal Gov- The motion to lay on the table was funding for all activities of the Depart- ernment. We must resolve the under- agreed to. ment of Agriculture, except those of lying civil rights problems at USDA to PEANUT PROGRAM the Forest Service, and the functions make the system work for both cus- Mr. SHELBY. Mr. President, I rise of the Food and Drug Administration, tomers and employees. Congress can today to express my continued support the Farm Credit Administration, and help those individuals at the U.S. De- for the peanut program. the Commodity Futures Trading Com- partment of Agriculture actually inter- Mr. President, just last year the Sen- mission. ested in improving USDA’s ability to ate completed a comprehensive review This bill, as reported by the Appro- serve agriculture and our Nation with of all federally sponsored farm propriations Committee, provides $50.7 bil- the necessary resources to provide ap- grams. This review prompted extensive lion in total obligational authority for propriate remedies for those aggrieved. debate in this chamber—debate in the coming year. That is nearly $1.1 For it is only after USDA makes which divergent positions were articu- billion more than the bill reported by amends for its past injustices that they lated and competing interests were ex- the House Appropriations Committee, can face the bigger challenge of eradi- pounded. Ultimately, after much hard and $1.6 billion below the President’s cating discrimination at all levels work, consideration and compromise, request. It is within the subcommit- within the Department of Agriculture. the Senate produced the landmark 1996 tee’s 602(b) allocation. Mr. President, if reluctance to re- farm bill. This bill is $3.2 billion below last solve these longstanding issues con- The farm bill sets Federal farm pol- year’s level, due largely to reductions tinues much longer, then the problem icy through the year 2002 and contains in mandatory accounts. The sub- may well sadly resolve itself. Without fundamental changes which have im- committee’s discretionary allocation immediate action we could lose all of pacted every facet of Federal involve- in budget authority was increased from our minority farmers and an important ment in farm programs—from crop sub- $13.1 billion in fiscal year 1997 to $13.8 part of our heritage forever. I would sidies, conservation practices and rural billion in this bill.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7992 CONGRESSIONAL RECORD — SENATE July 24, 1997 This bill provides funding for pro- also know that the discretionary sity of Florida who have a track record grams vitally important to all Ameri- spending available to the Agriculture in this area. cans. These include agricultural re- Subcommittee has been reduced sub- FOOD AND DRUG ADMINISTRATION PROVISIONS search necessary to keep our farmers stantially over the last several years. Mr. HATCH. Mr. President, there is competitive in the global marketplace, This very limited funding makes it dif- growing awareness of the huge poten- conservation programs to protect the ficult to fund all the many excellent tial savings to consumers and tax- environment and productivity of the proposals that have come to the sub- payers from the prompt approval of ge- land, rural development programs to committee for consideration. neric drugs, a fact which was one of the serve the millions of Americans who Mr. President, while I understand the reasons that Congress passed the Drug live outside our cities, and programs to limitations of the subcommittee to Price Competition and Patent Term promote U.S. agricultural products fund all good projects, I would be less Restoration Act of 1984. That statute throughout the world. Funding in this than frank if I did not mention my dis- created a legal structure that benefits bill for the Food Safety Inspection appointment with a number of items both consumers and the generic indus- Service and the Food and Drug Admin- that were left out of this bill. One of try while providing strong incentives istration ensures we will have safe food those projects not funded by this bill is for continued investment by the brand and blood supplies and that pharma- an Extension Service training project companies in research and develop- ceuticals and medical devices will be to help bring behavioral and mental ment. safe and effective. health services to rural areas. Unfortunately, the success of the act I would like to specifically remark As the Members know, the Extension has been limited by the inability of the on the inclusion of funding for the sec- Service is a long and well established Food and Drug Administration to com- ond year of the Potomac Headwaters institution that exists across the coun- ply with its statutory mandate to ap- Land Treatment Watershed Project, a try in almost every county in America. prove generic drug applications within program to protect the Potomac River In the minds of most people, the Exten- 180 days. In fact, generic drug approv- and its headwater feeder streams from sion Service and the Extension agents als now are taking an average of ap- a possible harmful accumulation of ag- are focused on agricultural and farm proximately 23 months, nearly four ricultural pollution. I am aware that issues. While this impression is true times the statutory requirement, and some Members of Congress have ex- the facts also reveal that the Extension the number of personnel at the agency pressed concern about the June 1, 1997, Service is called on more and more to responsible for this mission has been Washington Post article and an Amer- help meet family, health, and social significantly reduced. This latter fact ican Rivers’ report that, in part, at- service needs of our rural residents. is especially troubling since the personnel levels in several administrative tributed pollution in the Potomac to The array of services offered by the Ex- areas have grown significantly. West Virginia poultry production. tension Service is established at the The Appropriations Committee has These reports raised concerns but were State level by State priorities. In my taken action to address this failure. one-sided in that they did not address State, and I am sure in other States, as Last year, the committee directed the the responsible actions already under- well, the Extension Service is doing a FDA to expend sufficient resources to way to mitigate possible problems that great job in meeting rural needs for a ensure compliance with its statutory can be associated with poultry waste. broad array of services. mandates. This year, the committee Funding in this bill will continue the In Florida, for example, following has further directed the agency to pro- exemplary efforts by public officials Hurricane Andrew, our Extension vide the relevant congressional com- and West Virginia small family farm- agents were trained to provide thresh- mittees 90 days after the beginning of ers to balance economic interest with old counseling services to rural resi- the fiscal year with a plan that ex- environmental goals by providing Fed- dents who were under severe emotional plains how the agency will meet the eral money for technical assistance and stress following the storm. The agents statutory review time for generic drug loans to help family farmers design and were trained to identify problems, pro- applications. institute the type of measures nec- vide initial counseling and to refer se- The House Appropriations Com- essary to prevent pollution in rivers vere cases to appropriate professionals. mittee, apparently losing patience with and streams. The program achieves This training was provided by the Uni- the FDA, included an extra million dol- benefits for a broad base of interests, versity of Florida and the program re- lars in the fiscal 1998 bill for the ex- extending from my beautiful state to ceived a USDA award. The University press purpose of increasing the speed of the Chesapeake Bay, and is an example of Florida was recently invited to generic drug reviews. The committee of government at its best. I thank the North Dakota to train Extension report noted that health care costs members of the committee for recog- agents following the floods. Initial re- have increased to extraordinary levels nizing the widespread concerns held by ports from the Director of the Exten- and that the timely approval of generic the millions of people who draw their sion Service in North Dakota is that drugs could save billions of dollars. The drinking water from the Potomac, and the program ‘‘exceeded expectations’’. committee also reports that FDA costs for taking action to alleviate these Mr. President, for a very small related to administrative functions concerns. amount of money this bill could have were excessive, pointing out that ex- In all this is a very good bill, and I created a small program or center to be penditures for the Office of the Com- am happy to support its passage. a national resource for the Extension missioner in fiscal year 1997 far exceed- Again, I congratulate Senator COCHRAN Service. This center would train the ed total expenditures for the offices of and Senator BUMPERS for their hard agents from the various States to be the Secretary and all the Under and work. I also commend the work of the better able to provide the counseling Assistant Secretaries at the Depart- subcommittee staff: Galen Fountain services that they are more and more ment of Agriculture. and Carole Geagley, for the minority, being called on to provide. The demand It is my strong desire that the con- and Rebecca Davies, Martha Scott for these services is due in large part to ference will give serious consideration Poindexter, and Rachelle Graves, for the lack of service providers in rural to the House Committee’s direction of the majority. areas. funds for generic drug approvals. It is Mr. GRAHAM. Mr. President, before Mr. President, it is my hope and ex- obvious that if the FDA complies with we complete action on the Agriculture pectation that the Department will its statutory mandates, patients will and Related Agencies appropriations look at this proposal very carefully and be the winners, especially in terms of bill, I wanted to compliment the chair- reprogram some funds or include it in the tremendous savings that con- man, Senator COCHRAN, and the rank- the Department’s next budget request. sumers could reap if generic competi- ing member, Senator BUMPERS, for It is a program that has been proven to tors are sent to market more quickly. their very hard work and very able work. It is a program that meets a very Mr. President, this seemingly small leadership. large need in our rural areas. In the and perhaps even insignificant corner All the Members know of the many process of this review I would also ex- of the Federal budget has the potential demands placed on the subcommittee pect that the Department meet with to help every family in our country by to fund many worthwhile projects. We the appropriate officials at the Univer- reducing the cost that we all must pay

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7993 for life-saving pharmaceutical prod- may far exceed any impact of the com- OMB should look at that difference ucts, and I hope the conferees will give pact. We need OMB to look at these to help us with our policy decisions. it serious weight. issues. That could, indeed, be a major con- In closing, I want to commend you, Without this more detailed analysis tribution to better understanding the Chairman COCHRAN, for the splendid we will only be able to announce num- impact of the compact, or milk mar- job you have done in crafting this leg- bers on the Senate floor to support po- keting orders, or retail store pricing— islation, and pay particular commenda- sitions, but we will not be able to use how can such a difference exist? tion to Rebecca Davies of your staff, the OMB study to come to good policy It is my view that the compact over who is indeed such an asset to the com- conclusions. time can reduce that need for extra mittee. In addition, the purchase of fluid margins since stores will not have to NORTHEAST DAIRY COMPACT milk represents only a small fraction build in that cushion to protect against Mr. LEAHY. Mr. President, I want to of total food expenditures. One study feared higher prices. And many eco- again focus as I did yesterday on the showed that fluid milk represents 3 nomic studies support that point. My study of the Northeast dairy compact percent of total food expenditures of view is that no increase should have that will be contained in the appropria- the typical family. If use of discount occurred especially after the major tions bill as it winds its way through coupons for a variety of foods, or the drop in milk prices to farmers starting conference with the House and then purchase of store brands, or shopping late last year. I want to touch on one comes back to the Senate. at less expensive stores dwarf the im- more issue. The statutory language Under the Senate proposal, the Direc- pacts of the compact, that should also talks of the direct and indirect effects tor of OMB will do a study on dairy, re- be analyzed. of the compact. tail store, wholesale, and processor It makes a big difference if the im- I am a strong supporter of the com- pricing in New England. pact of the compact is equivalent to pact and believe it has very positive in- As I mentioned yesterday, many Sen- one-fourth of 1 percent of a family’s direct effects in addition to stabilizing ators are very concerned that when the food purchasing power versus, let’s say, the price of milk. The Secretary of Ag- price that farmers get for their milk 5 percent of the family’s food pur- riculture has also addressed these posi- drops that the retail price—the con- chasing power. tive indirect effects. I have detailed these effects in cor- sumer price—often does not drop. I also want OMB to look at the drop respondence to the Secretary of Agri- Study after study shows this result. in food purchasing power, adjusted for Wholesale or retail stores appear to inflation, that will be caused by full culture and will provide these to OMB at a later date. be simply making more profits at the implementation of the welfare reform I want to mention again a point I expense of farmers. This is one of the bill for our lower income households. Food stamp families live below the raised yesterday. The prices farmers issues OMB should examine. get for their milk dropped substan- But it is very important that OMB poverty level and these comparisons tially last November nationwide. They not just give us numbers. It will not be will be helpful for possible legislative dropped quickly, and have stayed low helpful to Congress, and will be mis- solutions. You should also look at whether for months. leading, if OMB just says, for example, It amounted to a 35-cent to 40-cent some stores price dairy products to in- that the average price of milk in stores drop on a per gallon basis. Yet retail crease their profits when they already during the first 6 months of the com- stores did not lower their prices to con- have a reasonable return on milk. Are pact was a certain amount higher than sumers except by a few pennies. This some earlier amount. the profit margins on dairy products pricing practice for milk is well docu- It will not assist decision makers at higher, or lower, than for other items? mented in the research and in the all if OMB then simply multiplies that Do the profit margins far exceed any press. difference by the number of gallons potential impact of the compact? Or Does this failure to drop prices by 35 bought by persons on Food Stamps and are they less? cents, or even just 25 cents, a gallon concludes that the product of the mul- It will be interesting and very helpful have a major impact on consumers? tiplication is the ‘‘harm’’ to the food to see how milk prices change during Will it be more than any hypo- stamp program. the entire duration of the compact. thetical impact on consumers of the It is important for OMB to put the There are news reports that some re- compact? In many areas of the country information in context or they tailers are taking unfair advantage of there is now a $1.40/gallon difference shouldn’t even do the study. I do not the compact. If this is accurate, these between the raw milk price—which want information that I cannot use in effects should be temporary as the nor- farmers get—and the retail price of deciding on legislative options. mal competitive forces take over. It is milk. Is that justified? To continue with the food stamp ex- important to note that economists who OMB should look at what that dif- ample, if the cuts in the welfare reform have analyzed the compact determined ference represents in terms of profits bill enacted last year are 10 times, or 20 that over time it could lower consumer for transporters, stores, and whole- times, or 30 times more—not 30 percent prices by stabilizing the price that salers. more, but 30 times more—than any im- stores pay for milk. The Wall Street Journal pointed out pact of the compact then perhaps the Many reports show that stores build that the value of milk for farmers best legislative solution is to reduce in an extra margin to protect against plunged by 22 percent since October the welfare reform cuts by one-thir- increases in milk costs since it is cost- 1996—but that no comparative decline tieth rather than dealing with the com- ly to routinely change prices. If no occurred in the price of milk. Another pact since the compact has positive extra margins are required it is very point I made yesterday was that the benefits. likely that competitive forces would Wall Street Journal and the New York It will be extremely important, from lead stores to reduce those extra mar- Times have exposed retail store over- a policy perspective, to make these gins. charging for milk. This should be ex- types of comparisons. Also note, I do Researchers such as Henry Kinnucan, amined. not think that any increase that shows Olan Forker, Andrew Novakovic, Bran- Farmers got one-fifth less for their up in retail stores is justifiable under don Hansen, William Hahn and others milk, and someone, I presume, made a the compact after such a huge decrease have looked at how price volatility at bundle. Some studies show that the in farm prices. But, if OMB assumes the wholesale level can result in in- dairy case is now the most profitable some we should know if the national creases in consumer prices for milk part of a supermarket. This should be system of milk marketing orders, or if higher than would have occurred had carefully examined since most families store profits, dwarfs the impact of the wholesale prices been stable. In the consider milk a necessity. compact. This will help us with policy New England area I am told some Also, the time period that OMB ex- decisions. stores sell gallons of milk for $1.99 and amines may completely determine A 1991 study by GAO showed a huge some sell them for $3.29—that is a large their conclusions. Something this im- variation in regional pricing of milk in difference and none of the difference portant should not be determined by retail stores. Just those variations goes to farmers. the luck of the draw.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7994 CONGRESSIONAL RECORD — SENATE July 24, 1997 In this regard, under the compact, culture industry are important for the In fact, eight New England counties farmers in New England are getting overall economic health of the region were considered to be farming areas in less for their milk than the average from Maine, to rural parts of Con- the greatest danger of being lost to de- price they got for their milk last year. necticut, Rhode Island, and Massachu- velopment because of their high pro- It will be important for OMB to look setts, to Vermont and New Hampshire. ductivity and close proximity to urban at all the factors which affect the price Other consequences of farm losses are areas. The Champlain and Hudson of fluid milk including farm prices, equally destructive. The American River Valleys were considered to be labor, transportation, milk marketing Farmland Trust has completed cost of among the top 12 threatened agricul- orders, retail profits, co-op returns, community services studies in four tural areas in the entire country ac- marketing strategies, feed costs, farm New England towns, one in Con- cording to this study. ‘‘Farming on the expenses, and wholesaler profits. necticut and three in Massachusetts. Edge’’ is the name of that study. I want to also quote from a letter These studies show the cost of pro- As we go to Conference I will further that I sent to the Secretary regarding viding community services for farm- explore the goals and intent behind the compact relating to the indirect land and developed land. It is true that this language. benefits of the compact. developed land brings in more tax reve- The PRESIDING OFFICER. The Sen- You should note that a lack of farm nues than farmland, especially when ator from Mississippi is recognized. income resulting from low dairy prices farmland is assessed at its agricultural Mr. COCHRAN. Mr. President, other is cited as the major reason dairy farm- value, as it is in most New England amendments that were going to be of- ers leave farming in New England. Pro- States. Developed land, however, re- fered will not be offered. The managers’ duction costs in New England are much quires far more in the way of services package was adopted last night. The higher than in other areas of the Na- than the tax revenues it returns to the Senator from Arkansas is going to send tion while the value of the land for treasuries of municipalities. an amendment to the desk on behalf of nonfarm purposes is often greater than For example, residential land in the Senator from New Mexico. its value as farmland. these four New England towns required AMENDMENT NO. 978 This is very different as compared to $1.11 in services for every $1 in tax rev- (Purpose: Providing support to a Tribal Col- vast areas of the Midwest and Upper enue generated while the farmland re- lege through appropriations for the De- partment of Agriculture for the fiscal year Midwest where land is sometimes quired only $0.34 of services for every $1 worth little except for its value as ending September 30, 1998, and for other of revenue it generated. This dem- purposes) farmland. As the Vermont Economy onstrates the major impact that losing Mr. BUMPERS. Mr. President, I send Newsletter reported in July 1994: dairy farmland has on rural New Eng- an amendment to the desk on behalf of In the all important dairy industry, the de- land. the managers. crease in farm income has come from a con- National Geographic recently de- The PRESIDING OFFICER. The tinuation of the long term trends the indus- tailed the risk of economic death by clerk will report. try has been facing. Should these trends per- strip malling otherwise tourist-draw- sist, and there is every expectation they will, The legislative clerk read as follows: Vermont will continue to see dairy farms ing farmland. New England should be The Senator from Arkansas [Mr. BUMP- disappearing from its landscape during the allowed to try to reverse this trend— ERS], for Mr. BINGAMAN, for himself and Mr. 1990’s. especially in ways that help neigh- CAMPBELL, proposes an amendment numbered 978. One of the consequences of the exit of boring States such as under the com- dairy farmers in New England is that pact. Mr. COCHRAN. Mr. President, I ask land is released from agriculture. The American Farmland Trust Study unanimous consent that reading of the Given the close proximity to popu- pointed out that agricultural land ac- amendment be dispensed with. The PRESIDING OFFICER. Without lation centers and recreational areas in tually enhanced the value of surrounding lands in addition to sus- objection, it is so ordered. New England, good land is in high de- The amendment is as follows: mand, and as a result there is often a taining important economic uses. On page 13, line 20, strike ‘‘$13,619,000’’ and strong incentive to develop the land. Farming is a cost effective, private way to protect open space and the insert ‘‘$13,469,000’’. What are the consequences of land On page 14, line 22, strike ‘‘$10,991,000’’ and being converted from farm to nonfarm quality of life. It also supports a profu- insert ‘‘$11,141,000’’. sion of other interests, including: hunt- uses? Mr. BUMPERS. This amendment ing, fishing, recreation, tourism, his- One consequence is that the rural would reduce the amount recommended toric preservation, floodplain, and wet- heritage and aesthetic qualities of the for pesticide clearance by $150,000 and land protection. ‘‘Does Farmland Pro- working landscape are lost forever. The increase the Cooperative State, Edu- tection Pay?’’ is the name of that impact of this loss would be dev- cation, and Extension Service research study. astating to Vermont and to much of and education Federal Administration Keeping land in agriculture and pro- New England. The tourists from some appropriation to increase the amount tecting it from development is vitally of America’s largest urban centers are recommended for the geographic infor- important for all of New England drawn to rural New England because of mation system by $150,000 to include which is one reason all six New Eng- its beauty, its farms and valleys, and New Mexico and Colorado in this pro- land States have funded or authorized picturesque roads. gram. Strip malls and condominiums do not purchase of agricultural conservation Mr. COCHRAN. Mr. President, with have the same appeal to vacationers. easement programs to help protect the adoption of this amendment, it The Vermont Partnership for Eco- farmland permanently. Unlike much of completes the managers’ package. nomic Progress, noted in its 1993 re- the Midwest, for example, once farms There are no other amendments in port, ‘‘Plan for a Decade of Progress: go out of business, the land is con- order to be offered. Indeed, we will Actions for Vermont’s Economy,’’ verted and is lost forever for agricul- have a vote on final passage after the There are many issues that will influence tural purposes. adoption of this amendment. the [tourism] industry’s future in Vermont Other economic uses, from condomin- The PRESIDING OFFICER. Is there . . . including our state’s ability to preserve iums and second homes for retired or further debate on the amendment? If its landscape. professional people from New York, not, the question is on agreeing to the The report went on to list among its Boston, or Philadelphia to shopping amendment. primary goals: Maintain the existing malls to serve them, are waiting in the The amendment (No. 978) was agreed amount of land in agriculture and re- wings. The pressure to develop in New to. lated uses; and preserve the family England is voracious. Mr. COCHRAN. Mr. President, I move farm as part of our economic base and A 1993 report from the American to reconsider the vote by which the as an integral factor in Vermont’s Farmland Trust called ‘‘Farming on amendment was agreed to. quality of life. This is taken from ‘‘A the Edge’’ showed that only 14 of the Mr. BUMPERS. I move to lay that Plan for a Decade of Progress.’’ more than 67 counties in New England, motion on the table. The priority of these goals show that were not significantly influenced by The motion to lay on the table was preserving farmland and a viable agri- urban areas. agreed to.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7995 Mr. COCHRAN. Mr. President, I ask TITLE I AGRICULTURE BUILDINGS AND FACILITIES AND for the yeas and nays on final passage. AGRICULTURAL PROGRAMS RENTAL PAYMENTS The PRESIDING OFFICER. Is there a PRODUCTION, PROCESSING, AND MARKETING (INCLUDING TRANSFERS OF FUNDS) sufficient second? OFFICE OF THE SECRETARY For payment of space rental and related (INCLUDING TRANSFERS OF FUNDS) costs pursuant to Public Law 92–313, includ- There appears to be a sufficient sec- ing authorities pursuant to the 1984 delega- For necessary expenses of the Office of the ond. tion of authority from the Administrator of Secretary of Agriculture, and not to exceed General Services to the Department of Agri- The yeas and nays were ordered. $75,000 for employment under 5 U.S.C. 3109, The PRESIDING OFFICER. The culture under 40 U.S.C. 486, for programs and $2,836,000: Provided, That not to exceed $11,000 activities of the Department which are in- question is on the engrossment and of this amount, along with any unobligated cluded in this Act, and for the operation, third reading of the bill. balances of representation funds in the For- maintenance, modification, and repair of The bill was ordered to be engrossed eign Agricultural Service, shall be available buildings and facilities as necessary to carry for a third reading and was read the for official reception and representation ex- out the programs of the Department, where penses, not otherwise provided for, as deter- third time. not otherwise provided, $123,385,000: Provided, mined by the Secretary: Provided further, That in the event an agency within the De- The PRESIDING OFFICER. The bill That none of the funds appropriated or oth- partment should require modification of having been read the third time, the erwise made available by this Act may be space needs, the Secretary of Agriculture question is, Shall the bill, as amended, used to pay the salaries and expenses of per- may transfer a share of that agency’s appro- pass? The yeas and nays have been or- sonnel of the Department of Agriculture to priation made available by this Act to this dered. The clerk will call the roll. carry out section 793(c)(1)(C) of Public Law appropriation, or may transfer a share of 104–127: Provided further, That none of the The assistant legislative clerk called this appropriation to that agency’s appro- funds made available by this Act may be priation, but such transfers shall not exceed the roll. used to enforce section 793(d) of Public Law 5 percent of the funds made available for Mr. FORD. I announce that the Sen- 104–127. space rental and related costs to or from this ator from Massachusetts [Mr. KEN- EXECUTIVE OPERATIONS account. In addition, for construction, re- NEDY] is necessarily absent. CHIEF ECONOMIST pair, improvement, extension, alteration, I further announce that, if present For necessary expenses of the Chief Econo- and purchase of fixed equipment or facilities as necessary to carry out the programs of and voting, the Senator from Massa- mist, including economic analysis, risk assessment, cost-benefit analysis, and the the Department, where not otherwise pro- chusetts [Mr. KENNEDY] would vote vided, $5,000,000, to remain available until ex- ‘‘aye.’’ functions of the World Agricultural Outlook Board, as authorized by the Agricultural pended; and in addition, for necessary reloca- The PRESIDING OFFICER (Mr. Marketing Act of 1946 (7 U.S.C. 1622g), and in- tion expenses of the Department’s agencies, BURNS). Are there any other Senators cluding employment pursuant to the second $2,700,000, to remain available until ex- in the Chamber desiring to vote? sentence of section 706(a) of the Organic Act pended; making a total appropriation of $131,085,000. The result was announced—yeas 99, of 1944 (7 U.S.C. 2225), of which not to exceed HAZARDOUS WASTE MANAGEMENT nays 0, as follows: $5,000 is for employment under 5 U.S.C. 3109, $5,252,000. (INCLUDING TRANSFERS OF FUNDS) [Rollcall Vote No. 201 Leg.] NATIONAL APPEALS DIVISION For necessary expenses of the Department YEAS—99 For necessary expenses of the National Ap- of Agriculture, to comply with the requirement of section 107(g) of the Comprehensive Abraham Faircloth Lott peals Division, including employment pursu- Akaka Feingold Lugar ant to the second sentence of section 706(a) Environmental Response, Compensation, and Allard Feinstein Mack of the Organic Act of 1944 (7 U.S.C. 2225), of Liability Act, as amended, 42 U.S.C. 9607(g), Ashcroft Ford McCain which not to exceed $25,000 is for employ- and section 6001 of the Resource Conserva- Baucus Frist McConnell ment under 5 U.S.C. 3109, $12,360,000. tion and Recovery Act, as amended, 42 U.S.C. Bennett Glenn Mikulski 6961, $15,700,000, to remain available until ex- OFFICE OF BUDGET AND PROGRAM ANALYSIS Biden Gorton Moseley-Braun pended: Provided, That appropriations and Bingaman Graham Moynihan For necessary expenses of the Office of funds available herein to the Department for Bond Gramm Murkowski Budget and Program Analysis, including em- Boxer Grams Murray Hazardous Waste Management may be trans- ployment pursuant to the second sentence of ferred to any agency of the Department for Breaux Grassley Nickles section 706(a) of the Organic Act of 1944 (7 Brownback Gregg Reed its use in meeting all requirements pursuant Bryan Hagel Reid U.S.C. 2225), of which not to exceed $5,000 is to the above Acts on Federal and non-Fed- Bumpers Harkin Robb for employment under 5 U.S.C. 3109, eral lands. Burns Hatch Roberts $5,986,000. DEPARTMENTAL ADMINISTRATION Byrd Helms Rockefeller OFFICE OF SMALL AND DISADVANTAGED (INCLUDING TRANSFERS OF FUNDS) Campbell Hollings Roth BUSINESS UTILIZATION Chafee Hutchinson Santorum For Departmental Administration, For necessary expenses of the Office of Cleland Hutchison Sarbanes $26,948,000, to provide for necessary expenses Small and Disadvantaged Business Utiliza- Coats Inhofe Sessions for management support services to offices Cochran Inouye Shelby tion, including employment pursuant to the of the Department and for general adminis- Collins Jeffords Smith (NH) second sentence of section 706(a) of the Or- tration and disaster management of the De- Conrad Johnson Smith (OR) ganic Act of 1944 (7 U.S.C. 2225), of which not partment, repairs and alterations, and other Coverdell Kempthorne Snowe to exceed $5,000 is for employment under 5 Craig Kerrey Specter miscellaneous supplies and expenses not oth- U.S.C. 3109, $783,000. D’Amato Kerry Stevens erwise provided for and necessary for the Daschle Kohl Thomas OFFICE OF THE CHIEF INFORMATION OFFICER practical and efficient work of the Depart- DeWine Kyl Thompson For necessary expenses of the Office of the ment, including employment pursuant to the Dodd Landrieu Thurmond Chief Information Officer, including employ- second sentence of section 706(a) of the Or- Domenici Lautenberg Torricelli ment pursuant to the second sentence of sec- Dorgan Leahy Warner ganic Act of 1944 (7 U.S.C. 2225), of which not Durbin Levin Wellstone tion 706(a) of the Organic Act of 1944 (7 U.S.C. to exceed $10,000 is for employment under 5 Enzi Lieberman Wyden 2225), of which not to exceed $10,000 is for em- U.S.C. 3109: Provided, That this appropriation ployment under 5 U.S.C. 3109, $4,773,000. shall be reimbursed from applicable appro- NOT VOTING—1 CHIEF FINANCIAL OFFICER priations in this Act for travel expenses inci- Kennedy For necessary expenses of the Office of the dent to the holding of hearings as required The bill (S. 1033), as amended, was Chief Financial Officer, including employ- by 5 U.S.C. 551–558: Provided further, That of the total amount appropriated, not less than passed, as follows: ment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. $13,774,000 shall be made available for civil S. 1033 2225), of which not to exceed $10,000 is for em- rights enforcement, of which up to $3,000,000 shall be provided to establish an investiga- Be it enacted by the Senate and House of Rep- ployment under 5 U.S.C. 3109, $4,283,000: Pro- tive unit within the Office of Civil Rights. resentatives of the United States of America in vided, That the Chief Financial Officer shall Congress assembled, That the following sums actively market cross-servicing activities of OFFICE OF THE ASSISTANT SECRETARY FOR are appropriated, out of any money in the the National Finance Center. CONGRESSIONAL RELATIONS Treasury not otherwise appropriated, for Ag- OFFICE OF THE ASSISTANT SECRETARY FOR (INCLUDING TRANSFERS OF FUNDS) riculture, Rural Development, Food and ADMINISTRATION For necessary salaries and expenses of the Drug Administration, and Related Agencies For necessary salaries and expenses of the Office of the Assistant Secretary for Con- programs for the fiscal year ending Sep- Office of the Assistant Secretary for Admin- gressional Relations to carry out the pro- tember 30, 1998, and for other purposes; istration to carry out the programs funded grams funded in this Act, including pro- namely: in this Act, $613,000. grams involving intergovernmental affairs

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and liaison within the executive branch, statistical reporting and service work, in- COOPERATIVE STATE RESEARCH, EDUCATION, $3,668,000: Provided, That no other funds ap- cluding crop and livestock estimates, statis- AND EXTENSION SERVICE propriated to the Department in this Act tical coordination and improvements, mar- RESEARCH AND EDUCATION ACTIVITIES shall be available to the Department for sup- keting surveys, and the Census of Agri- For payments to agricultural experiment port of activities of congressional relations: culture notwithstanding 13 U.S.C. 142(a–b), stations, for cooperative forestry and other Provided further, That not less than $2,241,000 as authorized by the Agricultural Marketing research, for facilities, and for other ex- shall be transferred to agencies funded in Act of 1946 (7 U.S.C. 1621–1627) and other penses, including $168,734,000 to carry into ef- this Act to maintain personnel at the agency laws, $118,048,000, of which up to $36,327,000 fect the provisions of the Hatch Act (7 U.S.C. level. shall be available until expended for the Cen- 361a–361i); $20,497,000 for grants for coopera- OFFICE OF COMMUNICATIONS sus of Agriculture: Provided, That this appro- tive forestry research (16 U.S.C. 582a–582a7); priation shall be available for employment For necessary expenses to carry on serv- $27,735,000 for payments to the 1890 land- pursuant to the second sentence of section ices relating to the coordination of programs grant colleges, including Tuskegee Univer- 706(a) of the Organic Act of 1944 (7 U.S.C. involving public affairs, for the dissemina- sity (7 U.S.C. 3222); $47,525,000 for special 2225), and not to exceed $40,000 shall be avail- tion of agricultural information, and the co- grants for agricultural research (7 U.S.C. able for employment under 5 U.S.C. 3109. ordination of information, work, and pro- 450i(c)); $13,469,000 for special grants for agri- grams authorized by Congress in the Depart- AGRICULTURAL RESEARCH SERVICE cultural research on improved pest control (7 ment, $8,138,000, including employment pur- U.S.C. 450i(c)); $100,000,000 for competitive re- suant to the second sentence of section 706(a) (INCLUDING TRANSFERS OF FUNDS) search grants (7 U.S.C. 450i(b)); $4,775,000 for of the Organic Act of 1944 (7 U.S.C. 2225), of For necessary expenses to enable the Agri- the support of animal health and disease pro- which not to exceed $10,000 shall be available cultural Research Service to perform agri- grams (7 U.S.C. 3195); $550,000 for supple- for employment under 5 U.S.C. 3109, and not cultural research and demonstration relating mental and alternative crops and products (7 to exceed $2,000,000 may be used for farmers’ to production, utilization, marketing, and U.S.C. 3319d); $600,000 for grants for research bulletins. distribution (not otherwise provided for); pursuant to the Critical Agricultural Mate- OFFICE OF THE INSPECTOR GENERAL home economics or nutrition and consumer rials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977, (INCLUDING TRANSFERS OF FUNDS) use including the acquisition, preservation, and dissemination of agricultural informa- as amended (7 U.S.C. 3318), to remain avail- For necessary expenses of the Office of the tion; and for acquisition of lands by dona- able until expended; $3,000,000 for higher edu- Inspector General, including employment tion, exchange, or purchase at a nominal cation graduate fellowships grants (7 U.S.C. pursuant to the second sentence of section cost not to exceed $100, $738,000,000: Provided, 3152(b)(6)), to remain available until ex- 706(a) of the Organic Act of 1944 (7 U.S.C. That appropriations hereunder shall be pended (7 U.S.C. 2209b); $4,350,000 for higher 2225), and the Inspector General Act of 1978, available for temporary employment pursu- education challenge grants (7 U.S.C. as amended, $63,728,000, including such sums ant to the second sentence of section 706(a) 3152(b)(1)); $1,000,000 for a higher education as may be necessary for contracting and of the Organic Act of 1944 (7 U.S.C. 2225), and minority scholars program (7 U.S.C. other arrangements with public agencies and not to exceed $115,000 shall be available for 3152(b)(5)), to remain available until ex- private persons pursuant to section 6(a)(9) of employment under 5 U.S.C. 3109: Provided fur- pended (7 U.S.C. 2209b); $1,500,000 for an edu- the Inspector General Act of 1978, as amend- ther, That appropriations hereunder shall be cation grants program for Hispanic-serving ed, including a sum not to exceed $50,000 for available for the operation and maintenance Institutions (7 U.S.C. 3241); $4,000,000 for employment under 5 U.S.C. 3109; and includ- of aircraft and the purchase of not to exceed aquaculture grants (7 U.S.C. 3322); $8,000,000 ing a sum not to exceed $125,000, for certain one for replacement only: Provided further, for sustainable agriculture research and edu- confidential operational expenses including That appropriations hereunder shall be cation (7 U.S.C. 5811); $9,200,000 for a program the payment of informants, to be expended available pursuant to 7 U.S.C. 2250 for the of capacity building grants (7 U.S.C. under the direction of the Inspector General construction, alteration, and repair of build- 3152(b)(4)) to colleges eligible to receive pursuant to Public Law 95–452 and section ings and improvements, but unless otherwise funds under the Act of August 30, 1890 (7 1337 of Public Law 97–98: Provided, That funds provided the cost of constructing any one U.S.C. 321–326 and 328), including Tuskegee transferred to the Office of the Inspector building shall not exceed $250,000, except for University, to remain available until ex- General through forfeiture proceedings or headhouses or greenhouses which shall each pended (7 U.S.C. 2209b); $1,450,000 for pay- from the Department of Justice Assets For- be limited to $1,000,000, and except for ten ments to the 1994 Institutions pursuant to feiture Fund or the Department of the Treas- buildings to be constructed or improved at a section 534(a)(1) of Public Law 103–382; and ury Forfeiture Fund, as a participating agen- cost not to exceed $500,000 each, and the cost $11,141,000 for necessary expenses of Research cy, as an equitable share from the forfeiture of altering any one building during the fiscal and Education Activities, of which not to ex- of property in investigations in which the Of- year shall not exceed 10 percent of the cur- ceed $100,000 shall be for employment under 5 fice of the Inspector General participates, or rent replacement value of the building or U.S.C. 3109; in all, $427,526,000. through the granting of a Petition for Re- $250,000, whichever is greater: Provided fur- None of the funds in the foregoing para- mission or Mitigation, shall be deposited to ther, That the limitations on alterations con- graph shall be available to carry out re- the credit of this account for law enforce- tained in this Act shall not apply to mod- search related to the production, processing ment activities authorized under the Inspec- ernization or replacement of existing facili- or marketing of tobacco or tobacco products. tor General Act of 1978, as amended, to re- ties at Beltsville, Maryland: Provided further, NATIVE AMERICAN INSTITUTIONS ENDOWMENT main available until expended. That the foregoing limitations shall not FUND OFFICE OF THE GENERAL COUNSEL apply to replacement of buildings needed to For establishment of a Native American For necessary expenses of the Office of the carry out the Act of April 24, 1948 (21 U.S.C. institutions endowment fund, as authorized General Counsel, $29,098,000. 113a): Provided further, That funds may be re- by Public Law 103–382 (7 U.S.C. 301 note), OFFICE OF THE UNDER SECRETARY FOR ceived from any State, other political sub- $4,600,000. RESEARCH, EDUCATION AND ECONOMICS division, organization, or individual for the EXTENSION ACTIVITIES purpose of establishing or operating any re- For necessary salaries and expenses of the Payments to States, the District of Colum- search facility or research project of the Ag- Office of the Under Secretary for Research, bia, Puerto Rico, Guam, the Virgin Islands, ricultural Research Service, as authorized by Education and Economics to administer the Micronesia, Northern Marianas, and Amer- law. laws enacted by the Congress for the Eco- ican Samoa: For payments for cooperative nomic Research Service, the National Agri- None of the funds in the foregoing para- extension work under the Smith-Lever Act, cultural Statistics Service, the Agricultural graph shall be available to carry out re- as amended, to be distributed under sections Research Service, and the Cooperative State search related to the production, processing 3(b) and 3(c) of said Act, and under section Research, Education, and Extension Service, or marketing of tobacco or tobacco products. 208(c) of Public Law 93–471, for retirement $540,000. and employees’ compensation costs for ex- BUILDINGS AND FACILITIES ECONOMIC RESEARCH SERVICE tension agents and for costs of penalty mail For acquisition of land, construction, refor cooperative extension agents and State For necessary expenses of the Economic pair, improvement, extension, alteration, extension directors, $268,493,000; $2,000,000 for Research Service in conducting economic re- and purchase of fixed equipment or facilities extension work at the 1994 Institutions under search and analysis, as authorized by the Ag- as necessary to carry out the agricultural re- the Smith-Lever Act (7 U.S.C. 343(b)(3)); pay- ricultural Marketing Act of 1946 (7 U.S.C. search programs of the Department of Agri- ments for the nutrition and family education 1621–1627) and other laws, $53,109,000: Pro- culture, where not otherwise provided, program for low-income areas under section vided, That this appropriation shall be avail- $69,100,000, to remain available until ex- 3(d) of the Act, $58,695,000; payments for the able for employment pursuant to the second pended (7 U.S.C. 2209b): Provided, That funds pest management program under section 3(d) sentence of section 706(a) of the Organic Act may be received from any State, other polit- of the Act, $10,783,000; payments for the farm of 1944 (7 U.S.C. 2225). ical subdivision, organization, or individual safety program under section 3(d) of the Act, NATIONAL AGRICULTURAL STATISTICS SERVICE for the purpose of establishing any research $2,855,000; payments for the pesticide impact For necessary expenses of the National Ag- facility of the Agricultural Research Serv- assessment program under section 3(d) of the ricultural Statistics Service in conducting ice, as authorized by law. Act, $3,214,000; payments to upgrade 1890

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7997 land-grant college research, extension, and able for employment under 5 U.S.C. 3109: Pro- fiscal year for administrative expenses: Pro- teaching facilities as authorized by section vided further, That this appropriation shall vided, That if crop size is understated and/or 1447 of Public Law 95–113, as amended (7 be available for the operation and mainte- other uncontrollable events occur, the agen- U.S.C. 3222b), $7,549,000, to remain available nance of aircraft and the purchase of not to cy may exceed this limitation by up to 10 until expended; payments for the rural devel- exceed four, of which two shall be for re- percent with notification to the Appropria- opment centers under section 3(d) of the Act, placement only: Provided further, That, in ad- tions Committees. dition, in emergencies which threaten any $908,000; payments for a groundwater quality FUNDS FOR STRENGTHENING MARKETS, INCOME, segment of the agricultural production in- program under section 3(d) of the Act, AND SUPPLY (SECTION 32) $9,061,000; payments for the agricultural tele- dustry of this country, the Secretary may communications program, as authorized by transfer from other appropriations or funds (INCLUDING TRANSFERS OF FUNDS) Public Law 101–624 (7 U.S.C. 5926), $1,167,000; available to the agencies or corporations of Funds available under section 32 of the Act payments for youth-at-risk programs under the Department such sums as he may deem of August 24, 1935 (7 U.S.C. 612c) shall be used section 3(d) of the Act, $9,554,000; payments necessary, to be available only in such emer- only for commodity program expenses as au- for a food safety program under section 3(d) gencies for the arrest and eradication of con- thorized therein, and other related operating of the Act, $2,365,000; payments for carrying tagious or infectious disease or pests of ani- expenses, except for: (1) transfers to the De- out the provisions of the Renewable Re- mals, poultry, or plants, and for expenses in partment of Commerce as authorized by the sources Extension Act of 1978, $3,192,000; pay- accordance with the Act of February 28, 1947, Fish and Wildlife Act of August 8, 1956; (2) ments for Indian reservation agents under as amended, and section 102 of the Act of transfers otherwise provided in this Act; and section 3(d) of the Act, $1,672,000; payments September 21, 1944, as amended, and any un- (3) not more than $10,690,000 for formulation for sustainable agriculture programs under expended balances of funds transferred for and administration of marketing agreements section 3(d) of the Act, $3,309,000; payments such emergency purposes in the next pre- and orders pursuant to the Agricultural Mar- for rural health and safety education as au- ceding fiscal year shall be merged with such keting Agreement Act of 1937, as amended, thorized by section 2390 of Public Law 101–624 transferred amounts: Provided further, That and the Agricultural Act of 1961. (7 U.S.C. 2661 note, 2662), $2,628,000; payments appropriations hereunder shall be available PAYMENTS TO STATES AND POSSESSIONS for cooperative extension work by the col- pursuant to law (7 U.S.C. 2250) for the repair leges receiving the benefits of the second and alteration of leased buildings and im- For payments to departments of agri- Morrill Act (7 U.S.C. 321–326, 328) and provements, but unless otherwise provided culture, bureaus and departments of mar- Tuskegee University, $25,090,000; and for Fed- the cost of altering any one building during kets, and similar agencies for marketing ac- eral administration and coordination includ- the fiscal year shall not exceed 10 percent of tivities under section 204(b) of the Agricul- ing administration of the Smith-Lever Act, the current replacement value of the build- tural Marketing Act of 1946 (7 U.S.C. 1623(b)), as amended, and the Act of September 29, ing. $1,200,000. In fiscal year 1998 the agency is authorized 1977 (7 U.S.C. 341–349), as amended, and sec- to collect fees to cover the total costs of pro- GRAIN INSPECTION, PACKERS AND STOCKYARDS tion 1361(c) of the Act of October 3, 1980 (7 viding technical assistance, goods, or serv- ADMINISTRATION U.S.C. 301 note), and to coordinate and pro- ices requested by States, other political sub- SALARIES AND EXPENSES vide program leadership for the extension divisions, domestic and international organi- work of the Department and the several For necessary expenses to carry out the zations, foreign governments, or individuals, States and insular possessions, $10,787,000; in provisions of the United States Grain Stand- provided that such fees are structured such all, $423,322,000: Provided, That funds hereby ards Act, as amended, for the administration that any entity’s liability for such fees is of the Packers and Stockyards Act, for certi- appropriated pursuant to section 3(c) of the reasonably based on the technical assistance, Act of June 26, 1953, and section 506 of the fying procedures used to protect purchasers goods, or services provided to the entity by of farm products, and the standardization ac- Act of June 23, 1972, as amended, shall not be the agency, and such fees shall be credited to paid to any State, the District of Columbia, tivities related to grain under the Agricul- this account, to remain available until ex- tural Marketing Act of 1946, as amended, in- Puerto Rico, Guam, or the Virgin Islands, pended, without further appropriation, for Micronesia, Northern Marianas, and Amer- cluding field employment pursuant to sec- providing such assistance, goods, or services. tion 706(a) of the Organic Act of 1944 (7 U.S.C. ican Samoa prior to availability of an equal Of the total amount available under this 2225), and not to exceed $25,000 for employ- sum from non-Federal sources for expendi- heading in fiscal year 1998, $100,000,000 shall ment under 5 U.S.C. 3109, $23,583,000: Pro- ture during the current fiscal year. be derived from user fees deposited in the vided, That this appropriation shall be avail- OFFICE OF THE ASSISTANT SECRETARY FOR Agricultural Quarantine Inspection User Fee able pursuant to law (7 U.S.C. 2250) for the MARKETING AND REGULATORY PROGRAMS Account. alteration and repair of buildings and im- For necessary salaries and expenses of the BUILDINGS AND FACILITIES provements, but the cost of altering any one Office of the Assistant Secretary for Mar- For plans, construction, repair, preventive building during the fiscal year shall not ex- keting and Regulatory Programs to admin- maintenance, environmental support, im- ceed 10 percent of the current replacement ister programs under the laws enacted by the provement, extension, alteration, and pur- value of the building. Congress for the Animal and Plant Health chase of fixed equipment or facilities, as au- INSPECTION AND WEIGHING SERVICES Inspection Service, Agricultural Marketing thorized by 7 U.S.C. 2250, and acquisition of Service, and the Grain Inspection, Packers land as authorized by 7 U.S.C. 428a, $4,200,000, LIMITATION ON INSPECTION AND WEIGHING and Stockyards Administration, $618,000. to remain available until expended. SERVICE EXPENSES ANIMAL AND PLANT HEALTH INSPECTION AGRICULTURAL MARKETING SERVICE Not to exceed $43,092,000 (from fees col- SERVICE MARKETING SERVICES lected) shall be obligated during the current SALARIES AND EXPENSES For necessary expenses to carry on serv- fiscal year for inspection and weighing serv- (INCLUDING TRANSFERS OF FUNDS) ices related to consumer protection, agricul- ices: Provided, That if grain export activities For expenses, not otherwise provided for, tural marketing and distribution, transpor- require additional supervision and oversight, including those pursuant to the Act of Feb- tation, and regulatory programs, as author- or other uncontrollable factors occur, this ruary 28, 1947, as amended (21 U.S.C. 114b–c), ized by law, and for administration and co- limitation may be exceeded by up to 10 per- necessary to prevent, control, and eradicate ordination of payments to States; including cent with notification to the Appropriations pests and plant and animal diseases; to carry field employment pursuant to section 706(a) Committees. out inspection, quarantine, and regulatory of the Organic Act of 1944 (7 U.S.C. 2225), and OFFICE OF THE UNDER SECRETARY FOR FOOD activities; to discharge the authorities of the not to exceed $90,000 for employment under 5 SAFETY U.S.C. 3109, $49,627,000, including funds for Secretary of Agriculture under the Act of For necessary salaries and expenses of the the wholesale market development program March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); Office of the Under Secretary for Food Safe- for the design and development of wholesale and to protect the environment, as author- ty to administer the laws enacted by the and farmer market facilities for the major ized by law, $437,183,000, of which $4,500,000 Congress for the Food Safety and Inspection metropolitan areas of the country: Provided, shall be available for the control of out- Service, $446,000. breaks of insects, plant diseases, animal dis- That this appropriation shall be available eases and for control of pest animals and pursuant to law (7 U.S.C. 2250) for the alter- FOOD SAFETY AND INSPECTION SERVICE birds to the extent necessary to meet emer- ation and repair of buildings and improve- For necessary expenses to carry on serv- gency conditions: Provided, That no funds ments, but the cost of altering any one ices authorized by the Federal Meat Inspec- shall be used to formulate or administer a building during the fiscal year shall not ex- tion Act, as amended, the Poultry Products brucellosis eradication program for the cur- ceed 10 percent of the current replacement Inspection Act, as amended, and the Egg rent fiscal year that does not require min- value of the building. Products Inspection Act, as amended, imum matching by the States of at least 40 Fees may be collected for the cost of stand- $590,614,000, and in addition, $1,000,000 may be percent: Provided further, That this appro- ardization activities, as established by regu- credited to this account from fees collected priation shall be available for field employ- lation pursuant to law (31 U.S.C. 9701). for the cost of laboratory accreditation as ment pursuant to the second sentence of sec- LIMITATION ON ADMINISTRATIVE EXPENSES authorized by section 1017 of Public Law 102– tion 706(a) of the Organic Act of 1944 (7 U.S.C. Not to exceed $59,521,000 (from fees col- 237: Provided, That this appropriation shall 2225), and not to exceed $40,000 shall be avail- lected) shall be obligated during the current not be available for shell egg surveillance

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under section 5(d) of the Egg Products In- purpose of making dairy indemnity disburse- COMMODITY CREDIT CORPORATION FUND spection Act (21 U.S.C. 1034(d)): Provided fur- ments. REIMBURSEMENT FOR NET REALIZED LOSSES ther, That this appropriation shall be avail- AGRICULTURAL CREDIT INSURANCE FUND For fiscal year 1998, such sums as may be able for field employment pursuant to sec- PROGRAM ACCOUNT necessary to reimburse the Commodity Cred- tion 706(a) of the Organic Act of 1944 (7 U.S.C. (INCLUDING TRANSFERS OF FUNDS) it Corporation for net realized losses sus- 2225), and not to exceed $75,000 shall be avail- For gross obligations for the principal tained, but not previously reimbursed (esti- able for employment under 5 U.S.C. 3109: Pro- mated to be $783,507,000 in the President’s fis- vided further, That this appropriation shall amount of direct and guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available cal year 1998 Budget Request (H. Doc. 105–3)), be available pursuant to law (7 U.S.C. 2250) but not to exceed $783,507,000, pursuant to for the alteration and repair of buildings and from funds in the Agricultural Credit Insur- ance Fund, as follows: farm ownership loans, section 2 of the Act of August 17, 1961, as improvements, but the cost of altering any amended (15 U.S.C. 713a–11). one building during the fiscal year shall not $460,000,000 of which $400,000,000 shall be for exceed 10 percent of the current replacement guaranteed loans; operating loans, OPERATIONS AND MAINTENANCE FOR value of the building. $2,395,000,000, of which $1,700,000,000 shall be HAZARDOUS WASTE MANAGEMENT for unsubsidized guaranteed loans and For fiscal year 1998, the Commodity Credit OFFICE OF THE UNDER SECRETARY FOR FARM $200,000,000 shall be for subsidized guaranteed Corporation shall not expend more than AND FOREIGN AGRICULTURAL SERVICES loans; Indian tribe land acquisition loans as $5,000,000 for expenses to comply with the re- For necessary salaries and expenses of the authorized by 25 U.S.C. 488, $1,000,000; for quirement of section 107(g) of the Com- Office of the Under Secretary for Farm and emergency insured loans, $25,000,000 to meet prehensive Environmental Response, Com- Foreign Agricultural Services to administer the needs resulting from natural disasters; pensation, and Liability Act, as amended, 42 the laws enacted by Congress for the Farm for boll weevil eradication program loans as U.S.C. 9607(g), and section 6001 of the Re- Service Agency, Foreign Agricultural Serv- authorized by 7 U.S.C. 1989, $34,653,000; and source Conservation and Recovery Act, as ice, the Office of Risk Management, and the for credit sales of acquired property, amended, 42 U.S.C. 6961: Provided, That ex- Commodity Credit Corporation, $572,000. $25,000,000. penses shall be for operations and mainte- FARM SERVICE AGENCY For the cost of direct and guaranteed nance costs only and that other hazardous SALARIES AND EXPENSES loans, including the cost of modifying loans waste management costs shall be paid for by as defined in section 502 of the Congressional For necessary expenses for carrying out the USDA Hazardous Waste Management ap- Budget Act of 1974, as follows: farm owner- the administration and implementation of propriation in this Act. ship loans, $21,380,000, of which $15,440,000 programs administered by the Farm Service TITLE II shall be for guaranteed loans; operating Agency, $700,659,000: Provided, That the Sec- CONSERVATION PROGRAMS loans, $71,394,500, of which $19,890,000 shall be retary is authorized to use the services, fa- for unsubsidized guaranteed loans and OFFICE OF THE UNDER SECRETARY FOR cilities, and authorities (but not the funds) $19,280,000 shall be for subsidized guaranteed NATURAL RESOURCES AND ENVIRONMENT of the Commodity Credit Corporation to loans; Indian tribe land acquisition loans as For necessary salaries and expenses of the make program payments for all programs ad- authorized by 25 U.S.C. 488, $132,000; for Office of the Under Secretary for Natural Re- ministered by the Agency: Provided further, emergency insured loans, $6,008,000 to meet sources and Environment to administer the That other funds made available to the the needs resulting from natural disasters; laws enacted by the Congress for the Forest Agency for authorized activities may be ad- for boll weevil eradication program loans as Service and the Natural Resources Conserva- vanced to and merged with this account: Pro- authorized by 7 U.S.C. 1989, $249,500; and for tion Service, $693,000. vided further, That these funds shall be avail- credit sales of acquired property, $3,255,000. able for employment pursuant to the second NATURAL RESOURCES CONSERVATION SERVICE In addition, for administrative expenses sentence of section 706(a) of the Organic Act CONSERVATION OPERATIONS necessary to carry out the direct and guar- of 1944 (7 U.S.C. 2225), and not to exceed anteed loan programs, $219,861,000, of which For necessary expenses for carrying out $1,000,000 shall be available for employment $209,861,000 shall be transferred to and the provisions of the Act of April 27, 1935 (16 under 5 U.S.C. 3109. merged with the ‘‘Farm Service Agency, Sal- U.S.C. 590a–590f) including preparation of STATE MEDIATION GRANTS aries and Expenses’’ account. conservation plans and establishment of measures to conserve soil and water (includ- For grants pursuant to section 502(b) of the RISK MANAGEMENT AGENCY Agricultural Credit Act of 1987, as amended ing farm irrigation and land drainage and ADMINISTRATIVE AND OPERATING EXPENSES (7 U.S.C. 5101–5106), $2,000,000. such special measures for soil and water For administrative and operating expenses, management as may be necessary to prevent DAIRY INDEMNITY PROGRAM as authorized by the Federal Agriculture Im- floods and the siltation of reservoirs and to (INCLUDING TRANSFERS OF FUNDS) provement and Reform Act of 1996 (7 U.S.C. control agricultural related pollutants); ad- For necessary expenses involved in making 6933), $64,000,000: Provided, That not to exceed ministration of research, investigation, and indemnity payments to dairy farmers for $700 shall be available for official reception surveys of watersheds of rivers and other wa- milk or cows producing such milk and manu- and representation expenses, as authorized terways, for small watershed investigations facturers of dairy products who have been di- by 7 U.S.C. 1506(i): Provided further, That, of and planning, and for technical assistance to rected to remove their milk or dairy prod- the amount made available under this sen- carry out preventive measures, in accord- ucts from commercial markets because it tence, $4,000,000 shall be available for obliga- ance with the Watershed Protection and contained residues of chemicals registered tion only after the Administrator of the Risk Flood Prevention Act (16 U.S.C.1001–1009), and approved for use by the Federal Govern- Management Agency issues and begins to im- and the Flood Control Act (33 U.S.C. 701); opment, and in making indemnity payments plement the plan to reduce administrative eration of conservation plant materials cen- for milk, or cows producing such milk, at a and operating costs of approved insurance ters; classification and mapping of soil; dis- fair market value to any dairy farmer who is providers required under section 508(k)(7) of semination of information; acquisition of directed to remove his milk from commer- the Federal Crop Insurance Act (7 U.S.C. lands, water, and interests therein, for use in cial markets because of (1) the presence of 1508(k)(7)). In addition, for sales commissions the plant materials program by donation, ex- products of nuclear radiation or fallout if of agents, as authorized by section 516 (7 change, or purchase at a nominal cost not to such contamination is not due to the fault of U.S.C. 1516), $202,571,000. exceed $100 pursuant to the Act of August 3, the farmer, or (2) residues of chemicals or CORPORATIONS 1956 (7 U.S.C. 428a); purchase and erection or toxic substances not included under the first alteration or improvement of permanent and The following corporations and agencies sentence of the Act of August 13, 1968, as temporary buildings; and operation and are hereby authorized to make expenditures, amended (7 U.S.C. 450j), if such chemicals or maintenance of aircraft, $729,880,000, to re- within the limits of funds and borrowing au- toxic substances were not used in a manner main available until expended (7 U.S.C. thority available to each such corporation or contrary to applicable regulations or label- 2209b), of which not less than $5,835,000 is for agency and in accord with law, and to make ing instructions provided at the time of use snow survey and water forecasting and not contracts and commitments without regard and the contamination is not due to the less than $8,825,000 is for operation and estab- to fiscal year limitations as provided by sec- fault of the farmer, $550,000, to remain avail- lishment of the plant materials centers: Pro- tion 104 of the Government Corporation Con- able until expended (7 U.S.C. 2209b): Provided, vided, That appropriations hereunder shall be trol Act, as amended, as may be necessary in That none of the funds contained in this Act available pursuant to 7 U.S.C. 2250 for con- carrying out the programs set forth in the shall be used to make indemnity payments struction and improvement of buildings and budget for the current fiscal year for such to any farmer whose milk was removed from public improvements at plant materials cen- corporation or agency, except as hereinafter commercial markets as a result of his willful ters, except that the cost of alterations and provided. failure to follow procedures prescribed by improvements to other buildings and other the Federal Government: Provided further, FEDERAL CROP INSURANCE CORPORATION FUND public improvements shall not exceed That this amount shall be transferred to the For payments, as authorized subsections $250,000: Provided further, That when build- Commodity Credit Corporation: Provided fur- (a)(2), (b)(2), and (c) of section 516 of the Fed- ings or other structures are erected on non- ther, That the Secretary is authorized to uti- eral Crop Insurance Act, as amended, such Federal land, that the right to use such land lize the services, facilities, and authorities of sums as may be necessary to remain avail- is obtained as provided in 7 U.S.C. 2250a: Pro- the Commodity Credit Corporation for the able until expended (7 U.S.C. 2209b). vided further, That this appropriation shall

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S7999 be available for technical assistance and re- $4,000,000, to remain available until ex- thorized by title V of the Housing Act of lated expenses to carry out programs author- pended. 1949, as amended, to be available from funds ized by section 202(c) of title II of the Colo- TITLE III in the rural housing insurance fund, as fol- rado River Basin Salinity Control Act of RURAL ECONOMIC AND COMMUNITY lows: $3,300,000,000 for loans to section 502 1974, as amended (43 U.S.C. 1592(c)): Provided DEVELOPMENT PROGRAMS borrowers, as determined by the Secretary, further, That no part of this appropriation of which $2,300,000,000 shall be for unsub- may be expended for soil and water conserva- OFFICE OF THE UNDER SECRETARY FOR RURAL sidized guaranteed loans; $30,000,000 for section operations under the Act of April 27, DEVELOPMENT tion 504 housing repair loans; $19,700,000 for 1935 (16 U.S.C. 590a–590f) in demonstration For necessary salaries and expenses of the section 538 guaranteed multi-family housing projects: Provided further, That this appro- Office of the Under Secretary for Rural De- loans; $15,001,000 for section 514 farm labor priation shall be available for employment velopment to administer programs under the housing; $128,640,000 for section 515 rental pursuant to the second sentence of section laws enacted by the Congress for the Rural housing; $600,000 for section 524 site loans; 706(a) of the Organic Act of 1944 (7 U.S.C. Housing Service, Rural Business-Cooperative $25,004,000 for credit sales of acquired prop- 2225) and not to exceed $25,000 shall be avail- Service, and the Rural Utilities Service of erty; and $587,000 for section 523 self-help able for employment under 5 U.S.C. 3109: Pro- the Department of Agriculture, $588,000. housing land development loans. vided further, That qualified local engineers RURAL COMMUNITY ADVANCEMENT PROGRAM For the cost of direct and guaranteed may be temporarily employed at per diem (INCLUDING TRANSFERS OF FUNDS) loans, including the cost of modifying loans, rates to perform the technical planning work For the cost of direct loans, loan guaran- as defined in section 502 of the Congressional of the Service (16 U.S.C. 590e–2): Provided fur- tees, and grants, as authorized by 7 U.S.C. Budget Act of 1974, as follows: section 502 ther, That not less than $80,138,000 shall be 1926, 1926a, 1926c, and 1932, except for section loans, $133,390,000, of which $5,290,000 shall be available to provide technical assistance for 381G of the Consolidated Farm and Rural De- for unsubsidized guaranteed loans; section water resources assistance (Public Law–534 velopment Act, as amended (7 U.S.C. 2009f), 504 housing repair loans, $10,308,000; section and Public Law–566). $644,259,000, to remain available until ex- 538 multi-family housing guaranteed loans, WATERSHED AND FLOOD PREVENTION pended, of which $27,562,000 shall be for rural $1,200,000; section 514 farm labor housing, OPERATIONS community programs described in section $7,388,000; section 515 rental housing, For necessary expenses to carry out pre- 381E(d)(1) of the Consolidated Farm and $68,745,000; credit sales of acquired property, ventive measures, including but not limited Rural Development Act, as amended; of $3,493,000; and section 523 self-help housing to research, engineering operations, methods which $568,304,000 shall be for the rural utili- land development loans, $20,000. of cultivation, the growing of vegetation, re- ties programs described in section 381E(d)(2) In addition, for administrative expenses habilitation of existing works and changes in of such Act; and of which $48,393,000 shall be necessary to carry out the direct and guar- use of land, in accordance with the Water- for the rural business and cooperative devel- anteed loan programs, $354,785,000, which shed Protection and Flood Prevention Act opment programs described in section shall be transferred to and merged with the approved August 4, 1954, as amended (16 381E(d)(3) of such Act: Provided, That section appropriation for ‘‘Rural Housing Service, U.S.C. 1001–1005, 1007–1009), the provisions of 381E(d)(3)(B) of such Act is amended by in- Salaries and Expenses’’. the Act of April 27, 1935 (16 U.S.C. 590a–f), and serting after the phrase, ‘‘business and in- RENTAL ASSISTANCE PROGRAM in accordance with the provisions of laws re- dustry’’, the words, ‘‘direct and’’: Provided For rental assistance agreements entered lating to the activities of the Department, further, That of the amount appropriated for into or renewed pursuant to the authority $40,000,000, to remain available until ex- rural utilities programs, not to exceed under section 521(a)(2) or agreements entered pended (7 U.S.C. 2209b) (of which up to $24,500,000 shall be for water and waste dis- into in lieu of debt forgiveness or payments $15,000,000 may be available for the water- posal systems to benefit the Colonias along for eligible households as authorized by sec- sheds authorized under the Flood Control the United States/Mexico border, including tion 502(c)(5)(D) of the Housing Act of 1949, as Act approved June 22, 1936 (33 U.S.C. 701, 16 grants pursuant to section 306C of such Act; amended, $541,397,000; and in addition such U.S.C. 1006a), as amended and supplemented: not to exceed $15,000,000 shall be for water sums as may be necessary, as authorized by Provided, That not to exceed $1,000,000 of this systems for rural and native villages in Alas- section 521 of the Act, to liquidate debt in- appropriation is available to carry out the ka pursuant to section 306D of such Act; not curred prior to fiscal year 1992 to carry out purposes of the Endangered Species Act of to exceed $15,000,000 shall be for technical as- the rental assistance program under section 1973 (Public Law 93–205), as amended, includ- sistance grants for rural waste systems pur- 521(a)(2) of the Act: Provided, That of this ing cooperative efforts as contemplated by suant to section 306(a)(14) of such Act; and amount not more than $5,900,000 shall be that Act to relocate endangered or threat- not to exceed $5,650,000 shall be for con- available for debt forgiveness or payments ened species to other suitable habitats as tracting with qualified national organiza- for eligible households as authorized by sec- may be necessary to expedite project con- tions for a circuit rider program to provide tion 502(c)(5)(D) of the Act, and not to exceed struction. technical assistance for rural water systems: $10,000 per project for advances to nonprofit RESOURCE CONSERVATION AND DEVELOPMENT Provided further, That of the total amounts organizations or public agencies to cover di- For necessary expenses in planning and appropriated, not to exceed $32,163,600 shall rect costs (other than purchase price) in- carrying out projects for resource conserva- be available through June 30, 1998, for em- curred in purchasing projects pursuant to tion and development and for sound land use powerment zones and enterprise commu- section 502(c)(5)(C) of the Act: Provided fur- pursuant to the provisions of section 32(e) of nities, as authorized by Public Law 103–66, of ther, That agreements entered into or re- title III of the Bankhead-Jones Farm Tenant which $1,614,600 shall be for rural community newed during fiscal year 1998 shall be funded Act, as amended (7 U.S.C. 1010–1011; 76 Stat. programs described in section 381E(d)(1) of for a five-year period, although the life of 607) and, the provisions of the Act of April 27, such Act; of which $21,952,000 shall be for the any such agreement may be extended to 1935 (16 U.S.C. 590a–f), and the provisions of rural utilities programs described in section fully utilize amounts obligated. the Agriculture and Food Act of 1981 (16 381E(d)(2) of such Act; of which $8,597,000 MUTUAL AND SELF-HELP HOUSING GRANTS U.S.C. 3451–3461), $44,700,000, to remain avail- shall be for the rural business and cooperative development programs described in sec- For grants and contracts pursuant to sec- able until expended (7 U.S.C. 2209): Provided, tion 523(b)(1)(A) of the Housing Act of 1949 (42 That this appropriation shall be available for tion 381E(d)(3) of such Act: Provided further, That any obligated and unobligated balances U.S.C. 1490c), $26,000,000, to remain available employment pursuant to the second sentence until expended (7 U.S.C. 2209b). of section 706(a) of the Organic Act of 1944 (7 available for prior years for the ‘‘Rural U.S.C. 2225), and not to exceed $50,000 shall be Water and Waste Disposal Grants,’’ ‘‘Rural RURAL COMMUNITY FIRE PROTECTION GRANTS available for employment under 5 U.S.C. Water and Waste Disposal Loans Program For grants pursuant to section 7 of the Co- 3109. Account,’’ ‘‘Emergency Community Water operative Forestry Assistance Act of 1978 FORESTRY INCENTIVES PROGRAM Assistance Grants,’’ ‘‘Solid Waste Manage- (Public Law 95–313), $1,285,000 to fund up to 50 ment Grants,’’ the community facility grant For necessary expenses, not otherwise pro- percent of the cost of organizing, training, program in the ‘‘Rural Housing Assistance vided for, to carry out the program of for- and equipping rural volunteer fire depart- Program’’ Account, ‘‘Community Facility estry incentives, as authorized in the Coop- ments. Loans Program Account,’’ ‘‘Rural Business erative Assistance Act of 1978 (16 U.S.C. 2101), RURAL HOUSING ASSISTANCE GRANTS Enterprise Grants,’’ ‘‘Rural Business and In- as amended by the Federal Agriculture Im- dustry Loans Program Account,’’ and ‘‘Local (INCLUDING TRANSFER OF FUNDS) provement and Reform Act of 1996 (Public Technical Assistance and Planning Grants’’ For grants and contracts for housing for Law 104–127), including technical assistance shall be transferred to and merged with this domestic farm labor, very low-income hous- and related expenses, $6,325,000, to remain account. ing repair, supervisory and technical assist- available until expended, as authorized by RURAL HOUSING SERVICE ance, compensation for construction defects, the Act. and rural housing preservation made by the OUTREACH FOR SOCIALLY DISADVANTAGED RURAL HOUSING INSURANCE FUND PROGRAM Rural Housing Service as authorized by 42 FARMERS ACCOUNT U.S.C. 1474, 1479(c), 1486, 1490c, 1490e, and For grants and contracts pursuant to sec- (INCLUDING TRANSFERS OF FUNDS) 1490m, $45,720,000, to remain available until tion 2501 of the Food, Agriculture, Conserva- For gross obligations for the principal expended: Provided, That any obligated and tion, and Trade Act of 1990 (7 U.S.C. 2279), amount of direct and guaranteed loans as au- unobligated balances available from prior

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years in ‘‘Rural Housing for Domestic Farm solidated Farm and Rural Development Act, SALARIES AND EXPENSES Labor,’’ ‘‘Supervisory and Technical Assist- as amended; section 1323 of the Food Secu- For necessary expenses of the Rural Utili- ance Grants,’’ ‘‘Very Low-Income Housing rity Act of 1985; the Cooperative Marketing ties Service, including administering the Repair Grants,’’ ‘‘Compensation for Con- Act of 1926; for activities relating to the programs authorized by the Rural Elec- struction Defects,’’ and ‘‘Rural Housing marketing aspects of cooperatives, including trification Act of 1936, as amended, and the Preservation Grants’’ shall be transferred to economic research findings, as authorized by Consolidated Farm and Rural Development and merged with this account: Provided fur- the Agricultural Marketing Act of 1946; for Act, as amended, and cooperative agree- ther, That of the total amount appropriated, activities with institutions concerning the ments, $33,000,000: Provided, That this appro- $1,200,000 shall be for empowerment zones development and operation of agricultural priation shall be available for employment and enterprise communities, as authorized cooperatives; and cooperative agreements; pursuant to the second sentence of 706(a) of by Public Law 103–66: Provided further, That $25,680,000: Provided, That this appropriation the Organic Act of 1944, and not to exceed if such funds are not obligated for empower- shall be available for employment pursuant $105,000 may be used for employment under 5 ment zones and enterprise communities by to the second sentence of 706(a) of the Or- U.S.C. 3109. June 30, 1998, they shall remain available for ganic Act of 1944, and not to exceed $260,000 other authorized purposes under this head. may be used for employment under 5 U.S.C. TITLE IV SALARIES AND EXPENSES 3109. DOMESTIC FOOD PROGRAMS For necessary expenses of the Rural Hous- RURAL UTILITIES SERVICE OFFICE OF THE UNDER SECRETARY FOR FOOD, ing Service, including administering the pro- RURAL ELECTRIFICATION AND TELECOMMUNI- NUTRITION AND CONSUMER SERVICES grams authorized by the Consolidated Farm CATIONS LOANS PROGRAM ACCOUNT For necessary salaries and expenses of the and Rural Development Act, as amended, (INCLUDING TRANSFERS OF FUNDS) Office of the Under Secretary for Food, Nu- title V of the Housing Act of 1949, as amend- Insured loans pursuant to the authority of trition and Consumer Services to administer ed, and cooperative agreements, $58,804,000: section 305 of the Rural Electrification Act the laws enacted by the Congress for the Provided, That this appropriation shall be of 1936, as amended (7 U.S.C. 935), shall be Food and Consumer Service, $454,000. available for employment pursuant to the made as follows: 5 percent rural electrifica- CHILD NUTRITION PROGRAMS second sentence of 706(a) of the Organic Act tion loans, $125,000,000; 5 percent rural tele- (INCLUDING TRANSFERS OF FUNDS) of 1944, and not to exceed $520,000 may be communications loans, $52,756,000; cost of used for employment under 5 U.S.C. 3109. money rural telecommunications loans, For necessary expenses to carry out the RURAL BUSINESS-COOPERATIVE SERVICE $300,000,000; municipal rate rural electric National School Lunch Act (42 U.S.C. 1751 et RURAL DEVELOPMENT LOAN FUND PROGRAM loans, $500,000,000; and loans made pursuant seq.), except section 21, and the Child Nutri- ACCOUNT to section 306 of that Act, rural electric, tion Act of 1966 (42 U.S.C. 1772 et seq.), except sections 17 and 21; $7,769,066,000, to remain (INCLUDING TRANSFERS OF FUNDS) $300,000,000, and rural telecommunications, $120,000,000, to remain available until ex- available through September 30, 1999, of For the cost of direct loans, $19,200,000, as pended. which $2,617,675,000 is hereby appropriated authorized by the Rural Development Loan For the cost, as defined in section 502 of and $5,151,391,000 shall be derived by transfer Fund (42 U.S.C. 9812(a)): Provided, That such the Congressional Budget Act of 1974, includ- from funds available under section 32 of the costs, including the cost of modifying such ing the cost of modifying loans, of direct and Act of August 24, 1935 (7 U.S.C. 612c): Pro- loans, shall be as defined in section 502 of the guaranteed loans authorized by the Rural vided, That $4,124,000 shall be available for Congressional Budget Act of 1974: Provided Electrification Act of 1936, as amended (7 independent verification of school food serv- further, That these funds are available to U.S.C. 935 and 936), as follows: cost of direct ice claims. subsidize gross obligations for the principal loans, $11,393,000; cost of municipal rate amount of direct loans of $40,000,000: Provided SPECIAL SUPPLEMENTAL NUTRITION PROGRAM loans, $21,100,000; cost of money rural tele- FOR WOMEN, INFANTS, AND CHILDREN (WIC) further, That through June 30, 1998, of the communications loans, $60,000; cost of loans For necessary expenses to carry out the total amount appropriated $3,618,750 shall be guaranteed pursuant to section 306, special supplemental nutrition program as available for the cost of direct loans, for em- $2,760,000: Provided, That notwithstanding authorized by section 17 of the Child Nutri- powerment zones and enterprise commu- section 305(d)(2) of the Rural Electrification tion Act of 1966 (42 U.S.C. 1786), $3,927,600,000, nities, as authorized by title XIII of the Om- Act of 1936, borrower interest rates may ex- to remain available through September 30, nibus Budget Reconciliation Act of 1993, to ceed 7 percent per year. subsidize gross obligations for the principal In addition, for administrative expenses 1999, of which up to $12,000,000 may be used to amount of direct loans, $7,500,000. necessary to carry out the direct and guar- carry out the farmers’ market nutrition pro- In addition, for administrative expenses to anteed loan programs, $29,982,000, which shall gram from any funds not needed to maintain carry out the direct loan programs, $3,482,000 be transferred to and merged with the appro- current caseload levels: Provided, That not- shall be transferred to and merged with the priation for ‘‘Salaries and Expenses.’’. withstanding sections 17 (g), (h), and (i) of appropriation for ‘‘Salaries and Expenses’’. such Act, the Secretary shall adjust fiscal RURAL TELEPHONE BANK PROGRAM ACCOUNT RURAL ECONOMIC DEVELOPMENT LOANS year 1998 State allocations to reflect food The Rural Telephone Bank is hereby au- PROGRAM ACCOUNT funds available to the State from fiscal year thorized to make such expenditures, within 1997 under section 17(i)(3)(A)(ii) and (INCLUDING TRANSFERS OF FUNDS) the limits of funds available to such corpora- 17(i)(3)(D): Provided further, That the Sec- For the principal amount of direct loans, tion in accord with law, and to make such retary shall allocate funds recovered from as authorized under section 313 of the Rural contracts and commitments without regard fiscal year 1997 first to States to maintain Electrification Act, as amended, for the pur- to fiscal year limitations as provided by sec- stability funding levels, as defined by regula- pose of promoting rural economic develop- tion 104 of the Government Corporation Con- tions promulgated under section 17(g), and ment and job creation projects, $12,865,000. trol Act, as amended, as may be necessary in then to give first priority for the allocation For the cost of direct loans, including the carrying out its authorized programs for the of any remaining funds to States whose fund- cost of modifying loans as defined in section current fiscal year. During fiscal year 1998 ing is less than their fair share of funds, as 502 of the Congressional Budget Act of 1974, and within the resources and authority defined by regulations promulgated under $3,076,000. available, gross obligations for the principal section 17(g): Provided further, That none of ALTERNATIVE AGRICULTURAL RESEARCH AND amount of direct loans shall be $175,000,000. the funds in this Act shall be available to COMMERCIALIZATION REVOLVING FUND For the cost, as defined in section 502 of pay administrative expenses of WIC clinics For necessary expenses to carry out the the Congressional Budget Act of 1974, includ- except those that have an announced policy Alternative Agricultural Research and Com- ing the cost of modifying loans, of direct of prohibiting smoking within the space used mercialization Act of 1990 (7 U.S.C. 5901– loans authorized by the Rural Electrification to carry out the program: Provided further, 5908), $10,000,000 is appropriated to the alter- Act of 1936, as amended (7 U.S.C. 935), That none of the funds provided in this ac- native agricultural research and commer- $3,710,000. count shall be available for the purchase of In addition, for administrative expenses cialization corporation revolving fund. infant formula except in accordance with the necessary to carry out the loan programs, RURAL COOPERATIVE DEVELOPMENT GRANTS cost containment and competitive bidding $3,000,000. requirements specified in section 17 of the For rural cooperative development grants DISTANCE LEARNING AND MEDICAL LINK Child Nutrition Act of 1966: Provided further, authorized under section 310B(e) of the Con- PROGRAM That State agencies required to procure in- solidated Farm and Rural Development Act, For the cost of direct loans and grants, as fant formula using a competitive bidding as amended (7 U.S.C. 1932), $3,000,000, of authorized by 7 U.S.C. 950aaa et seq., as system may use funds appropriated by this which up to $1,500,000 may be available for amended, $12,030,000, to remain available Act to purchase infant formula under a cost cooperative agreements for appropriate tech- until expended, to be available for loans and containment contract entered into after Sep- nology transfer for rural areas program. grants for telemedicine and distance learn- tember 30, 1996 only if the contract was SALARIES AND EXPENSES ing services in rural areas: Provided, That awarded to the bidder offering the lowest net For necessary expenses of the Rural Busi- the costs of direct loans shall be as defined price, as defined by section 17(b)(20) of the ness-Cooperative Service, including admin- in section 502 of the Congressional Budget Child Nutrition Act of 1966, unless the State istering the programs authorized by the Con- Act of 1974. agency demonstrates to the satisfaction of

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the Secretary that the weighted average re- under agreements executed pursuant to the EMERGING MARKETS EXPORT CREDIT tail price for different brands of infant for- agricultural food production assistance pro- The Commodity Credit Corporation shall mula in the State does not vary by more grams (7 U.S.C. 1736) and the foreign assist- make available not less than $200,000,000 in than five percent. ance programs of the International Develop- credit guarantees under its export guarantee FOOD STAMP PROGRAM ment Cooperation Administration (22 U.S.C. program for credit expended to finance the 2392). For necessary expenses to carry out the export sales of United States agricultural None of the funds in the foregoing para- Food Stamp Act (7 U.S.C. 2011 et seq.), commodities and the products thereof to graph shall be available to promote the sale $26,051,479,000, of which $1,000,000,000 shall be emerging markets, as authorized by section or export of tobacco or tobacco products. placed in reserve for use only in such 1542 of Public Law 101–624 (7 U.S.C. 5622 amounts and at such times as may become PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS note). necessary to carry out program operations: (INCLUDING TRANSFERS OF FUNDS) TITLE VI Provided, That funds provided herein shall be For expenses during the current fiscal RELATED AGENCIES AND FOOD AND expended in accordance with section 16 of the year, not otherwise recoverable, and unre- DRUG ADMINISTRATION Food Stamp Act: Provided, That this appro- covered prior years’ costs, including interest DEPARTMENT OF HEALTH AND HUMAN priation shall be subject to any work reg- thereon, under the Agricultural Trade Devel- SERVICES istration or workfare requirements as may opment and Assistance Act of 1954, as FOOD AND DRUG ADMINISTRATION be required by law. amended (7 U.S.C. 1691, 1701–1715, 1721–1726, SALARIES AND EXPENSES COMMODITY ASSISTANCE PROGRAM 1727–1727f, 1731–1736g), as follows: (1) For necessary expenses of the Food and For necessary expenses to carry out the $226,900,000 for Public Law 480 title I credit, Drug Administration, including hire and pur- commodity supplemental food program as including Food for Progress programs; (2) chase of passenger motor vehicles; for rental authorized by section 4(a) of the Agriculture $20,630,000 is hereby appropriated for ocean of special purpose space in the District of Co- and Consumer Protection Act of 1973 (7 freight differential costs for the shipment of lumbia or elsewhere; and for miscellaneous U.S.C. 612c (note)), and the Emergency Food agricultural commodities pursuant to title I and emergency expenses of enforcement ac- Assistance Act of 1983, as amended, of said Act and the Food for Progress Act of tivities, authorized and approved by the Sec- $148,600,000, to remain available through Sep- 1985, as amended; (3) $837,000,000 is hereby ap- retary and to be accounted for solely on the tember 30, 1999: Provided, That none of these propriated for commodities supplied in con- Secretary’s certificate, not to exceed $25,000; funds shall be available to reimburse the nection with dispositions abroad pursuant to $935,175,000, of which not to exceed $91,204,000 Commodity Credit Corporation for commod- title II of said Act; and (4) $30,000,000 is herein fees pursuant to section 736 of the Federal ities donated to the program. by appropriated for commodities supplied in Food, Drug, and Cosmetic Act may be cred- connection with dispositions abroad pursu- FOOD DONATIONS PROGRAMS FOR SELECTED ited to this appropriation and remain avail- ant to title III of said Act: Provided, That not GROUPS able until expended: Provided, That fees de- to exceed 15 percent of the funds made avail- For necessary expenses to carry out sec- rived from applications received during fis- able to carry out any title of said Act may cal year 1998 shall be subject to the fiscal tion 4(a) of the Agriculture and Consumer be used to carry out any other title of said Protection Act of 1973 (7 U.S.C. 612c (note)), year 1998 limitation: Provided further, That Act: Provided further, That such sums shall none of these funds shall be used to develop, and section 311 of the Older Americans Act of remain available until expended (7 U.S.C. 1965, as amended (42 U.S.C. 3030a), establish, or operate any program of user 2209b): Provided further, That, of the amount fees authorized by 31 U.S.C. 9701. $141,165,000, to remain available through Sep- of funds made available under title II of said tember 30, 1999. In addition, fees pursuant to section 354 of Act, the United States Agency for Inter- the Public Health Service Act may be cred- FOOD PROGRAM ADMINISTRATION national Development should use at least the ited to this account, to remain available For necessary administrative expenses of same amount of funds to carry out the or- until expended. the domestic food programs funded under phan feeding program in Haiti during fiscal In addition, fees pursuant to section 801 of this Act, $107,719,000, of which $5,000,000 shall year 1998 as was used by the Agency to carry the Federal Food, Drug, and Cosmetic Act be available only for simplifying procedures, out the program during fiscal year 1997. may be credited to this account, to remain reducing overhead costs, tightening regula- For the cost, as defined in section 502 of available until expended. the Congressional Budget Act of 1974, of ditions, improving food stamp coupon han- BUILDINGS AND FACILITIES rect credit agreements as authorized by the dling, and assistance in the prevention, iden- For plans, construction, repair, improve- Agricultural Trade Development and Assist- tification, and prosecution of fraud and other ment, extension, alteration, and purchase of ance Act of 1954, as amended, and the Food violations of law: Provided, That this appro- fixed equipment or facilities of or used by for Progress Act of 1985, as amended, includ- priation shall be available for employment the Food and Drug Administration, where ing the cost of modifying credit agreements pursuant to the second sentence of section not otherwise provided, $22,900,000, to remain under said Act, $176,596,000. 706(a) of the Organic Act of 1944 (7 U.S.C. available until expended (7 U.S.C. 2209b). 2225), and not to exceed $150,000 shall be In addition, for administrative expenses to available for employment under 5 U.S.C. carry out the Public Law 480 title I credit RENTAL PAYMENTS (FDA) 3109. program, and the Food for Progress Act of (INCLUDING TRANSFERS OF FUNDS) TITLE V 1985, as amended, to the extent funds appro- For payment of space rental and related priated for Public Law 480 are utilized, costs pursuant to Public Law 92-313 for pro- FOREIGN ASSISTANCE AND RELATED $1,881,000. grams and activities of the Food and Drug PROGRAMS COMMODITY CREDIT CORPORATION EXPORT Administration which are included in this FOREIGN AGRICULTURAL SERVICE AND LOANS PROGRAM ACCOUNT Act, $46,294,000: Provided, That in the event GENERAL SALES MANAGER the Food and Drug Administration should re- (INCLUDING TRANSFERS OF FUNDS) (INCLUDING TRANSFERS OF FUNDS) quire modification of space needs, a share of For administrative expenses to carry out For necessary expenses of the Foreign Ag- the salaries and expenses appropriation may the Commodity Credit Corporation’s export ricultural Service, including carrying out be transferred to this appropriation, or a guarantee program, GSM 102 and GSM 103, title VI of the Agricultural Act of 1954, as share of this appropriation may be trans- $3,820,000; to cover common overhead ex- amended (7 U.S.C. 1761–1768), market develop- ferred to the salaries and expenses appropria- penses as permitted by section 11 of the Com- ment activities abroad, and for enabling the tion, but such transfers shall not exceed 5 modity Credit Corporation Charter Act and Secretary to coordinate and integrate activi- percent of the funds made available for rent- in conformity with the Federal Credit Re- ties of the Department in connection with al payments (FDA) to or from this account. form Act of 1990, of which not to exceed foreign agricultural work, including not to DEPARTMENT OF THE TREASURY $3,231,000 may be transferred to and merged exceed $128,000 for representation allowances with the appropriation for the salaries and FINANCIAL MANAGEMENT SERVICE and for expenses pursuant to section 8 of the expenses of the Foreign Agricultural Serv- PAYMENTS TO THE FARM CREDIT SYSTEM Act approved August 3, 1956 (7 U.S.C. 1766), ice, and of which not to exceed $589,000 may FINANCIAL ASSISTANCE CORPORATION $136,664,000, of which $3,231,000 may be trans- be transferred to and merged with the appro- For necessary payments to the Farm Cred- ferred from the Export Loan Program ac- priation for the salaries and expenses of the it System Financial Assistance Corporation count in this Act, and $1,066,000 may be Farm Service Agency. by the Secretary of the Treasury, as author- transferred from the Public Law 480 program EXPORT CREDIT ized by section 6.28(c) of the Farm Credit Act account in this Act: Provided, That up to of 1971, as amended, for reimbursement of in- The Commodity Credit Corporation shall $3,000,000 shall be available in fiscal year 1999 terest expenses incurred by the Financial As- make available not less than $5,500,000,000 in for overseas inflation, subject to documenta- sistance Corporation on obligations issued credit guarantees under its export credit tion by USDA of actual overseas inflation through 1994, as authorized, $7,728,000. and deflation: Provided further, That the guarantee program extended to finance the Service may utilize advances of funds, or re- export sales of United States agricultural INDEPENDENT AGENCIES imburse this appropriation for expenditures commodities and the products thereof, as au- COMMODITY FUTURES TRADING COMMISSION made on behalf of Federal agencies, public thorized by section 202 (a) and (b) of the Ag- For necessary expenses to carry out the and private organizations and institutions ricultural Trade Act of 1978 (7 U.S.C. 5641). provisions of the Commodity Exchange Act,

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No funds appropriated by this Act cultural marketing programs or to carry out ployment under 5 U.S.C. 3109; $60,101,000 in- may be used to pay negotiated indirect cost programs to protect the Nation’s animal and cluding not to exceed $1,000 for official recep- rates on cooperative agreements or similar plant resources. tion and representation expenses: Provided, arrangements between the United States De- SEC. 717. None of the funds in this Act may That the Commission is authorized to charge partment of Agriculture and nonprofit insti- be used to retire more than 5 per centum of reasonable fees to attendees of Commission tutions in excess of 10 percent of the total di- the Class A stock of the Rural Telephone sponsored educational events and symposia rect cost of the agreement when the purpose Bank or to maintain any account or sub- to cover the Commission’s costs of providing of such cooperative arrangements is to carry account within the accounting records of the those events and symposia, and notwith- out programs of mutual interest between the Rural Telephone Bank the creation of which standing 31 U.S.C. 3302, said fees shall be two parties. This does not preclude appro- has not specifically been authorized by stat- credited to this account, to be available priate payment of indirect costs on grants ute: Provided, That notwithstanding any without further appropriation. and contracts with such institutions when other provision of law, none of the funds ap- FARM CREDIT ADMINISTRATION such indirect costs are computed on a simi- propriated or otherwise made available in lar basis for all agencies for which appropria- this Act may be used to transfer to the LIMITATION ON ADMINISTRATIVE EXPENSES tions are provided in this Act. Treasury or to the Federal Financing Bank Not to exceed $34,423,000 (from assessments SEC. 709. Notwithstanding any other provi- any unobligated balance of the Rural Tele- collected from farm credit institutions and sion of this Act, commodities acquired by phone Bank telephone liquidating account from the Federal Agricultural Mortgage Cor- the Department in connection with Com- which is in excess of current requirements poration) shall be obligated during the cur- modity Credit Corporation and section 32 and such balance shall receive interest as set rent fiscal year for administrative expenses price support operations may be used, as au- forth for financial accounts in section 505(c) as authorized under 12 U.S.C. 2249: Provided, thorized by law (15 U.S.C. 714c and 7 U.S.C. of the Federal Credit Reform Act of 1990. That this limitation shall not apply to ex- 612c), to provide commodities to individuals SEC. 718. None of the funds made available penses associated with receiverships. in cases of hardship as determined by the in this Act may be used to provide assistance TITLE VII—GENERAL PROVISIONS Secretary of Agriculture. to, or to pay the salaries of personnel who SEC. 710. None of the funds in this Act shall carry out a market promotion/market access SEC. 701. Within the unit limit of cost fixed be available to reimburse the General Serv- by law, appropriations and authorizations program pursuant to section 203 of the Agri- ices Administration for payment of space made for the Department of Agriculture for cultural Trade Act of 1978 (7 U.S.C. 5623) that rental and related costs in excess of the the fiscal year 1998 under this Act shall be provides assistance to the United States amounts specified in this Act; nor shall this available for the purchase, in addition to Mink Export Development Council or any or any other provision of law require a re- those specifically provided for, of not to ex- mink industry trade association. duction in the level of rental space or serv- SEC. 719. Of the funds made available by ceed 394 passenger motor vehicles, of which ices below that of fiscal year 1997 or prohibit this Act, not more than $1,000,000 shall be 391 shall be for replacement only, and for the an expansion of rental space or services with used to cover necessary expenses of activi- hire of such vehicles. the use of funds otherwise appropriated in ties related to all advisory committees, pan- SEC. 702. Funds in this Act available to the this Act. Further, no agency of the Depart- els, commissions, and task forces of the De- Department of Agriculture shall be available ment of Agriculture, from funds otherwise partment of Agriculture, except for panels for uniforms or allowances therefor as au- available, shall reimburse the General Serv- used to comply with negotiated rule makings thorized by law (5 U.S.C. 5901–5902). ices Administration for payment of space and panels used to evaluate competitively SEC. 703. Not less than $1,500,000 of the ap- rental and related costs provided to such awarded grants. propriations of the Department of Agri- agency at a percentage rate which is greater SEC. 720. None of the funds appropriated in culture in this Act for research and service than is available in the case of funds appro- this Act may be used to carry out the provi- work authorized by the Acts of August 14, priated in this Act. sions of section 918 of Public Law 104–127, the 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629), SEC. 711. None of the funds in this Act shall Federal Agriculture Improvement and Re- and by chapter 63 of title 31, United States be available to restrict the authority of the form Act. Code, shall be available for contracting in Commodity Credit Corporation to lease SEC. 721. No employee of the Department of accordance with said Acts and chapter. space for its own use or to lease space on be- Agriculture may be detailed or assigned SEC. 704. The cumulative total of transfers half of other agencies of the Department of from an agency or office funded by this Act to the Working Capital Fund for the purpose Agriculture when such space will be jointly to any other agency or office of the Depart- of accumulating growth capital for data occupied. ment for more than 30 days unless the indi- services and National Finance Center oper- SEC. 712. With the exception of grants vidual’s employing agency or office is fully ations shall not exceed $2,000,000: Provided, awarded under the Small Business Innova- reimbursed by the receiving agency or office That no funds in this Act appropriated to an tion Development Act of 1982, Public Law 97– for the salary and expenses of the employee agency of the Department shall be trans- 219, as amended (15 U.S.C. 638), none of the for the period of assignment. ferred to the Working Capital Fund without funds in this Act shall be available to pay in- SEC. 722. None of the funds appropriated or the approval of the agency administrator. direct costs on research grants awarded com- otherwise made available by this Act shall SEC. 705. New obligational authority pro- petitively by the Cooperative State Re- be used to pay the salaries and expenses of vided for the following appropriation items search, Education, and Extension Service personnel who carry out an export enhance- in this Act shall remain available until ex- that exceed 14 percent of total Federal funds ment program if the aggregate amount of pended (7 U.S.C. 2209b): Animal and Plant provided under each award. funds and/or commodities under such pro- Health Inspection Service, the contingency SEC. 713. Notwithstanding any other provi- gram exceeds $150,000,000. fund to meet emergency conditions, fruit fly sions of this Act, all loan levels provided of SEC. 723. None of the funds made available program, and integrated systems acquisition this Act shall be considered estimates, not to the Department of Agriculture by this Act project; Farm Service Agency, salaries and limitations. may be used to acquire new information expenses funds made available to county SEC. 714. Appropriations to the Department technology systems or significant upgrades, committees; and Foreign Agricultural Serv- of Agriculture for the cost of direct and as determined by the Office of the Chief In- ice, middle-income country training pro- guaranteed loans made available in fiscal formation Officer, without the approval of gram. year 1998 shall remain available until ex- the Chief Information Officer and the con- New obligational authority for the boll pended to cover obligations made in fiscal currence of the Executive Information Tech- weevil program; up to 10 percent of the year 1998 for the following accounts: the nology Investment Review Board. screwworm program of the Animal and Plant rural development loan fund program ac- SEC. 724. Section 3(c) of the Federal Nox- Health Inspection Service; funds appro- count; the Rural Telephone Bank program ious Weed Act of 1974 (7 U.S.C. 2802 (c)) is priated for rental payments; funds for the account; the rural electrification and tele- amended by inserting before the period at Native American institutions endowment communications loans program account; and the end the following: ‘‘, and includes kudzu fund in the Cooperative State Research, Edu- the rural economic development loans pro- (Pueraria lobata Dc)’’. cation, and Extension Service, and funds for gram account. SEC. 725. Notwithstanding section 520 of the competitive research grants (7 U.S.C. SEC. 715. Such sums as may be necessary the Housing Act of 1949, (42 U.S.C. 1490) the 450i(b)), shall remain available until ex- for fiscal year 1998 pay raises for programs Martin Luther King area of Pawley’s Island, pended. funded by this Act shall be absorbed within South Carolina, located in Georgetown Coun- SEC. 706. No part of any appropriation con- the levels appropriated in this Act. ty, shall be eligible for loans and grants tained in this Act shall remain available for SEC. 716. Notwithstanding the Federal under section 504 of the Housing Act of 1949, obligation beyond the current fiscal year un- Grant and Cooperative Agreement Act, mar- as amended. less expressly so provided herein. keting services of the Agricultural Mar- SEC. 726. None of the funds made available SEC. 707. Not to exceed $50,000 of the appro- keting Service and the Animal and Plant to the Food and Drug Administration by this priations available to the Department of Ag- Health Inspection Service may use coopera- Act shall be used to close or relocate the

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Food and Drug Administration Division of that would have occurred in the absence of SEC. 733. RURAL HOUSING PROGRAMS.—(a) Drug Analysis in St. Louis, Missouri, or to the implementation of the Compact. The HOUSING IN UNDERSERVED AREAS PROGRAM.— proceed with a plan to close or consolidate evaluation shall include an analysis of the The first sentence of section 509(f)(4)(A) of the Food and Drug Administration’s Balti- impacts on— the Housing Act of 1949 (42 U.S.C. more, Maryland, laboratory. (1) child, senior, and low-income nutrition 1479(f)(4)(A)) is amended by striking ‘‘fiscal SEC. 727. The Secretary of Agriculture, be- programs including impacts on schools and year 1997’’ and inserting ‘‘fiscal year 1998’’. fore making any reduction in the employee institutions participating in the programs, (b) HOUSING AND RELATED FACILITIES FOR level required to carry out a program or ac- on program recipients, and other factors; ELDERLY PERSONS AND FAMILIES AND OTHER tivity under the jurisdiction of the Under (2) the wholesale and retail cost of fluid LOW-INCOME PERSONS AND FAMILIES.— Secretary for Rural Development, shall sub- milk; (1) AUTHORITY TO MAKE LOANS.—Section mit to the Committee on Appropriations of (3) the level of milk production, the num- 515(b)(4) of the Housing Act of 1949 (42 U.S.C. the House of Representatives and the Com- ber of cows, the number of dairy farms, and 1485(b)(4)) is amended by striking ‘‘Sep- mittee on Appropriations of the Senate a milk utilization in the Compact region, in- tember 30, 1997’’ and inserting ‘‘September plan (including the justification and cost cluding— 30, 1998’’. savings) for reducing the employee level (A) changes in the level of milk produc- (2) SET-ASIDE FOR NONPROFIT ENTITIES.— below the level described in the budget sub- tion, the number of cows, and the number of The first sentence of section 515(w)(1) of the mitted by the President for fiscal year 1998. dairy farms in the Compact region relative Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is SEC. 728. Effective on October 1, 1998, sec- to trends in the level of milk production and amended by striking ‘‘fiscal year 1997’’ and tion 136(a) of the Agricultural Market Tran- trends in the number of cows and dairy inserting ‘‘fiscal year 1998’’. sition Act (7 U.S.C. 7236(a)) is amended— farms prior to implementation of the Com- (3) LOAN TERM.—Section 515 of the Housing (1) in paragraph (1)— pact; Act of 1949 (42 U.S.C. 1485) is amended— (A) by striking ‘‘Subject to paragraph (4), (B) changes in the disposition of bulk and (A) in subsection (a)(2), by striking ‘‘up to during’’ and inserting ‘‘During’’; and packaged milk for Class I, II, or III use pro- fifty’’ and inserting ‘‘up to 30’’; and (B) in subparagraph (B), by striking ‘‘130’’ duced in the Compact region to areas outside (B) in subsection (b)— and inserting ‘‘134’’; the region relative to the milk disposition to (i) by striking paragraph (2) and inserting (2) by striking paragraph (4); and areas outside the region; the following: (3) by redesignating paragraph (5) as para- (C) changes in— ‘‘(2) such a loan may be made for a period graph (4). (i) the share of milk production for Class I of up to 30 years from the making of the SEC. 729. STUDY OF NORTHEAST INTERSTATE use of the total milk production in the Com- loan, but the Secretary may provide for peri- DAIRY COMPACT. (a) DEFINITIONS.—In this pact region; and odic payments based on an amortization section: (ii) the share of milk production for Class schedule of 50 years with a final payment of (1) CHILD, SENIOR, AND LOW-INCOME NUTRI- II and Class III use of the total milk produc- the balance due at the end of the term of the TION PROGRAMS.—The term ‘‘child, senior, tion in the Compact region; loan;’’; and low-income nutrition programs’’ in- (4) dairy farmers and dairy product manu- (ii) in paragraph (5), by striking ‘‘and’’ at cludes— facturers in States and regions outside the the end; (A) the food stamp program established Compact region with respect to the impact (iii) in paragraph (6), by striking the period under the Food Stamp Act of 1977 (7 U.S.C. of changes in milk production, and the im- at the end and inserting ‘‘; and’’; and 2011 et seq.); pact of any changes in disposition of milk (iv) by adding at the end the following: (B) the school lunch program established originating in the Compact region, on na- ‘‘(7) the Secretary may make a new loan to under the National School Lunch Act (42 tional milk supply levels and farm level milk the current borrower to finance the final U.S.C. 1751 et seq.); prices nationally; and payment of the original loan for an addi- (C) the summer food service program for (5) the cost of carrying out the milk price tional period not to exceed twenty years, if— children established under section 13 of that support program established under section ‘‘(A) the Secretary determines— Act (42 U.S.C. 1761); 141 of the Agricultural Market Transition ‘‘(i) it is more cost-efficient and serves the (D) the child and adult care food program Act (7 U.S.C. 7251). tenant base more effectively to maintain the established under section 17 of that Act (42 (d) ADDITIONAL STATES AND COMPACTS.— current property than to build a new prop- U.S.C. 1766); The Secretary shall evaluate and incorporate erty in the same location; or (E) the special milk program established into the evaluation required under sub- ‘‘(ii) the property has been maintained to under section 3 of the Child Nutrition Act of section (b) an evaluation of the economic im- such an extent that it warrants retention in 1966 (42 U.S.C. 1772); pact of adding additional States to the Com- the current portfolio because it can be ex- (F) the school breakfast program estab- pact for the purpose of increasing prices paid pected to continue providing decent, safe, lished under section 4 of that Act (42 U.S.C. to milk producers. and affordable rental units for the balance of 1773); SEC. 730. From proceeds earned from the the loan; and (G) the special supplemental nutrition pro- sale of grain in the disaster reserve estab- ‘‘(B) the Secretary determines— gram for women, infants, and children au- lished in the Agricultural Act of 1970, the ‘‘(i) current market studies show that a thorized under section 17 of that Act (42 Secretary may use up to an additional need for low-income rural rental housing $23,000,000 to implement a livestock indem- U.S.C. 1786); and still exists for that area; and nity program as established in Public Law (H) the nutrition programs and projects ‘‘(ii) any other criteria established by the 105–18. carried out under part C of title III of the Secretary has been met.’’. SEC. 731. PLANTING OF WILD RICE ON CON- Older Americans Act of 1965 (42 U.S.C. 3030e (c) LOAN GUARANTEES FOR MULTIFAMILY TRACT ACREAGE.—None of the funds appro- et seq.). RENTAL HOUSING IN RURAL AREAS.—Section priated in this Act may be used to admin- (2) COMPACT.—The term ‘‘Compact’’ means 538 of the Housing Act of 1949 (42 U.S.C. ister the provision of contract payments to a the Northeast Interstate Dairy Compact. 1490p–2) is amended— producer under the Agricultural Market (3) NORTHEAST INTERSTATE DAIRY COM- Transition Act (7 U.S.C. 7201 et seq.) for con- (1) in subsection (q), by striking paragraph PACT.—The term ‘‘Northeast Interstate tract acreage on which wild rice is planted (2) and inserting the following: Dairy Compact’’ means the Northeast Inter- unless the contract payment is reduced by ‘‘(2) ANNUAL LIMITATION ON AMOUNT OF LOAN state Dairy Compact referred to in section an acre for each contract acre planted to GUARANTEE.—In each fiscal year, the Sec- 147 of the Agricultural Market Transition wild rice. retary may enter into commitments to guar- Act (7 U.S.C. 7256). SEC. 732. INSPECTION AND CERTIFICATION OF antee loans under this section only to the ex- (4) DIRECTOR.—The term ‘‘Director’’ means AGRICULTURAL PROCESSING EQUIPMENT. (a) IN tent that the costs of the guarantees entered the Director of the Office of Management GENERAL.—Except as provided in subsection into in such fiscal year do not exceed such and Budget. (b), none of the funds made available by this amount as may be provided in appropriation (b) EVALUATION.—Not later than December Act or any other Act for any fiscal year may Acts for such fiscal year.’’; 31, 1997, the Director shall conduct, com- be used to carry out section 203(h) of the Ag- (2) by striking subsection (t) and inserting plete, and transmit to Congress a com- ricultural Marketing Act of 1946 (7 U.S.C. the following: prehensive economic evaluation of the direct 1622(h)) unless the Secretary of Agriculture ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— and indirect effects of the Northeast Inter- inspects and certifies agricultural processing There are authorized to be appropriated for state Dairy Compact and other factors which equipment, and imposes a fee for the inspec- fiscal year 1998 for costs (as such term is de- affect the price of fluid milk. tion and certification, in a manner that is fined in section 502 of the Congressional (c) COMPONENTS.—In conducting the eval- similar to the inspection and certification of Budget Act of 1974) of loan guarantees made uation, the Director shall consider, among agricultural products under that section, as under this section such sums as may be nec- other factors, the effects of implementation determined by the Secretary. essary for such fiscal year.’’; and of the rules and regulations of the Northeast (b) RELATIONSHIP TO OTHER LAW.—Sub- (3) in subsection (u), by striking ‘‘1996’’ and Interstate Dairy Compact Commission, such section (a) shall not affect the authority of inserting ‘‘1998’’. as rules and regulations relating to over- the Secretary to carry out the Federal Meat This Act may be cited as the ‘‘Agriculture, order Class I pricing and pooling provisions. Inspection Act (21 U.S.C. 601 et seq.) or the Rural Development, Food and Drug Adminis- This evaluation shall consider such effects Poultry Products Inspection Act (21 U.S.C. tration, and Related Agencies Appropria- prior to implementation of the Compact and 451 et seq.). tions Act, 1998’’.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8004 CONGRESSIONAL RECORD — SENATE July 24, 1997 Mr. COCHRAN. I move to reconsider Mr. CONRAD. Mr. President, the Ag- to see that this building is completed. the vote by which the bill was passed. riculture appropriations bill just ap- I yield the floor. Mr. BUMPERS. I move to lay that proved by the Senate includes funds for The PRESIDING OFFICER. Who motion on the table. many important programs, and I deep- seeks time? The motion to lay on the table was ly appreciate the work of Chairman Mr. HATCH addressed the Chair. agreed to. COCHRAN and Senator BUMPERS in put- The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, let me ting together this bill. While I appre- ator from Utah is recognized. thank all Senators for their coopera- ciate their good work, I deeply regret Mr. HATCH. I ask unanimous consent tion and assistance in the passage of that funds are not included to provide that my remarks be considered as this bill, particularly those members of the final Federal matching funds for morning business. our subcommittee and the full Com- several Cooperative State Research, The PRESIDING OFFICER. Without mittee on Appropriations. Those who Education, and Extension Service objection, it is so ordered. had amendments and helped improve buildings, including one at North Da- Mr. BUMPERS. Would the Senator the bill, we appreciate their help as kota State University, for which State from Utah yield for a moment? well. I also want to make a special and local matching funds have been Mr. HATCH. Yes. point to commend and thank the mem- provided. f bers of our staff—on our side of the I believe this is especially unfortu- THE MIR SPACE STATION aisle Rebecca Davies, who is the clerk nate because of unique circumstances of the subcommittee; Martha Scott faced by NDSU in their attempt to Mr. BUMPERS. Mr. President, every- Poindexter, who assisted her; Rachelle complete this important project. The body knows that I am sort of a Johnny- Graves-Bell; and our intern, Justin Agriculture Appropriations Sub- one-note on the space station. I ask Brasell, who also was a help in the committee provided an initial planning unanimous consent to have printed in preparation of this bill. We had a lot of grant for this building in fiscal year the RECORD an article that appeared in hearings. We did a lot of work devel- 1992. After that, the subcommittee pro- this morning’s Washington Post, the oping this legislation. We appreciate vided $1.65 million in the fiscal year headline of which is ‘‘Russia Wonders If the help that we got. 1994 bill as a down payment on the Fed- Manned Flight Is Worth Cost.’’ One of Mr. BUMPERS addressed the Chair. eral share of this $10 million facility. the reasons I wanted to put it in the The PRESIDING OFFICER. The Sen- Unfortunately the House Agriculture RECORD is because it echoes precisely ator from Arkansas is recognized. Appropriations Subcommittee indi- what I said on the floor, in spades, 2 Mr. BUMPERS. Mr. President, let me cated in its fiscal year 1996 report that days ago. echo the laudatory comments the Sen- the committee would no longer provide There being no objection, the article ator from Mississippi has just paid to Federal funding for these buildings if was ordered to be printed in the the majority staff. I would like to also the projects did not have their state RECORD, as follows: pay tribute to the minority staff as and local matching funds in hand by RUSSIA WONDERS IF MANNED FLIGHT IS well as the majority staff. They worked the time Congress prepared the appro- WORTH COST extremely well with us. They were priations bills the following year for (By Daniel Williams) helpful to us as well as the chairman of fiscal year 1997. MOSCOW, JULY 23.—With the immediate cri- the committee. On our side of the aisle, Mr. President, this decision created a sis on the Mir space station largely resolved I want to especially thank Galen Foun- serious problem for North Dakota be- for now, space officials here have turned tain, who is seated at my left and who cause our State legislature only meets their attention to tangled problems on was my personal agricultural aide for every other year. That meant North Earth. many years before he joined the appro- They may be as hard to fix as the ones on Dakota State University did not even Mir. priations staff, and pay special tribute have an opportunity to seek the State Lack of money, the bane of a space enter- to him and Rebecca Davies, who prob- matching funds between the time the prise that was once Moscow’s pride, is the ably know on a magnitude of about five House subcommittee issued its notice major problem. The space program also is times more about this bill than Sen- in the summer of 1995 to provide no ad- suffering from a battered public image that ator COCHRAN and I do. We simply ditional funding and the time the fiscal makes rallying support difficult. could not function here and get a bill year 1997 appropriations bill was con- Debate over the future of Mir has ignited a like this through without the very able sidered last summer. The first time our finger-pointing spree in newspapers over who assistance of those people. But in addi- is to blame for a recent series of mishaps in- State legislature met following the cluding a fire, a collision with a supply craft tion to Galen, I also want to pay trib- House subcommittee’s decision was and the erroneous disconnection of a com- ute to Carole Geagley and to my own January 1997, at which time the legis- puter system that threw Mir out of position personal staff member, Ben Noble. lature provided the State match for and drained much of its power. They have done a magnificent job. this building. In other words, the State The central issue of the controversy here is Again, my sincere thanks to Senator provided its share of funds for this one that also surfaces from time to time in COCHRAN, who is the chief architect of building at the first opportunity they the United States: What price manned space this bill. He did a magnificent job. If had following the announcement by the travel, especially when compared with un- you watched here, as always when manned expeditions? House subcommittee. Unmanned expeditions offer more sci- these appropriations bills are coming This facility is extremely important entific benefits per dollar, except for learn- through, you see the Senators all gath- because the existing facilities at NDSU ing about the capabilities of human beings in ered around here pleading with Senator were constructed in the 1960’s and do space. And as painful as the failure of un- COCHRAN and me to accept this amend- not meet USDA standards, causing ani- manned satellite launches, space probes and ment and that amendment. We would mal health and production research to robotic landings may be, a dead satellite is love to accept them all. It is always be curtailed. The new facility would not the same as a dead astronaut. That ele- that way in appropriations. But the allow expanded research into fighting ment alone makes manned flights not only money constraints keep us from doing more dramatic, but also more expensive as anti-biotic resistant viruses, enhancing systems are piled on systems for safety’s that. But we like to help other Sen- reproductive efficiency in farm ani- sake. ators. mals, developing safer, more effective Mir is the space equivalent of an old used As I said yesterday afternoon on the pharmaceuticals, improving meat ani- car, but Russia appears unwilling to give up floor, it is not pork. Sometimes it is mal research to improve food quality, manned flight, even temporarily. To sur- pure, unadulterated research from and other important areas of research. render a human toehold in space is to give it which the entire Nation benefits. But Mr. President, it is my strong desire up permanently, officials here argue, ‘‘If we having said that, I think it is a good that we are able to find a responsible drop space, we will lag behind in this field bill. We will do our very best to honor solution to this situation. I believe ter- forever,’’ said Yuri Baturin, secretary of the Russian defense council. all the Senate’s wishes in the con- minating Federal funding for this One reason for sticking with Mir, even if it ference committee. I think we will building is premature, and I will con- requires repeated tinkering under the hood, come back here with a good bill from tinue to work with NDSU, USDA, and is that it makes money. The United States conference. my colleagues in the House and Senate alone is paying Russia about $400 million for

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8005 continual use of the space station by NASA Space officials acknowledged that Tsibliev Father and the Son.’’ Now, scarcely astronauts to conduct scientific experiments probably faces a loss of bonus money for the grown to the fulness of his prophetic in space. flight because of the collision as well as the calling, this towering leader lay dead Although figures for how much Russia later episode that caused the temporary loss in a martyr’s grave, and the faithful spends in space are difficult to come by, ev- of all power on Mir: last week’s accidental eryone agrees that the program is short of unplugging of a computer cable. who had responded to the restored Gos- cash. On Monday, contractors and scientists ‘‘He may lose some of his bonus. But he is pel entrusted to him were scattered held a meeting in advance of Russia’s next not on trial here,’’ cosmonaut Krikalev said. and driven, with only one hope, ex- launch on Aug. 5. Each speaker said that key Solovyov and another cosmonaut due to pressed in the hymn that would become preparations for the launch were complete, relieve the exhausted Mir crew prepared their inspiration and epitaph: ‘‘We’ll but several also complained they had not today for the Aug. 5 launch and for the re- find the place, which God for us pre- been paid for their work, an observer at the pairs they will conduct later in the month on pared, far away in the West, where meeting recounted. the crippled spacecraft. none shall come to hurt, or make Economic dealings in Russia are plagued The drumbeat of bad news about Mir afraid. There, the Saints will be by delayed payments and unfulfilled con- prompted Izvestia to question whether open- tracts, and the space program is no excep- ness in space was worth the national loss of blessed.’’ tion. morale. They came from everywhere, these Parts of the modular station are 11 years The news from space ‘‘makes one feel dis- honored pioneers—New England, Old old, more than double their original life ex- appointed rather than proud of the country, England, the lands of the North—wher- pectancy. Russian space officials have taken which has opened the doors to another state ever believers could spread the word. pains to assure everyone that the Mir was secret,’’ said the commentary published Some were already crusty pioneers— viable and in no need of being scrapped. Tuesday. the likes of Daniel Boone or the Green ‘‘I would fly to Mir,’’ Sergei Krikalev, a Mountain boys —whose ancestors had cosmonaut and emerging spokesman for the Mr. BUMPERS. I thank the Senator space program, said recently. from Utah for yielding. settled the Tidewater counties or land- In the past, it was highly unusual for offi- f ed at Plymouth Rock. Others had only cials here to publicly air the detail that has recently left the coal mines of Wales been made available about Mir. In the Soviet UTAH SESQUICENTENNIAL and the sweatshops of Manchester to era, only successes were widely reported; Mr. HATCH. Mr. President, it is a take their first draught of fresh air in operational specifics—not to mention fail- unique privilege and distinct honor for the New World. A few were profes- ures—were hidden as much as possible. Al- me to recognize, today, on the floor of sionals, who could doctor, or teach, or though the democratic atmosphere in con- the U.S. Senate, the 150th anniversary play music to ease the rigors of the temporary Russia explains some of the current openness, so too does the perception of of the arrival of the Mormon Pioneers trail; many were artisans—carpenters, a need for public relations. in the Valley of the Great Salt Lake on wheelwrights, shoemakers—whose Foreigners fly on Mir, and secrecy about July 24, 1847. skills were sorely needed. But for all conditions on the space station would be un- It was spring, by the calendar, in late their skills and preparations, far too acceptable to the foreign patrons of the March of the year 1846, as some 3,000 few were ready for the bone-deep weari- flights, Russian officials say. In the United people in 400 wagons struggled west ness, the numbing cold, or birthing in States, some politicians oppose the trips as across the rolling hills of Iowa, the open air. dangerous and of little use; secrecy probably through snow and drizzling rain. The Critics might say that they brought would fuel criticism there. Inexperience with public scrutiny has led muddy track was nearly impassable as their misery upon themselves—through to tension with the Russian press. A few they lumbered on, far behind schedule blind faith and foolhardy dreams. Such weeks ago, space officials invited reporters and nearing exhaustion. Behind them was the litany of those who mobbed to witness work at the Star City cosmonaut lay the last few villages of organized and burned and killed without mercy. training complex. As reporters clustered territory; before them, the great un- Yet the saints were moved by a destiny around Anatoly Solovyov, one of the next known. Somewhere, over the horizon, their detractors could not have under- cosmonauts to go up, a scientist frantically beyond the sheltering forests and the stood. It came from the lips of their tried to push them away. ‘‘What if someone fallen prophet: sneezes’’ he cried out. ‘‘What if the cosmo- waving grasslands, lay the Rocky I prophesied that the Saints would con- naut catches a virus? All this preparation Mountains. Previous maps showed the tinue to suffer much affliction * * *, many will go to waste!’’ way into the wilderness, while scouting would apostatize, others would be put to Russian space officials have accused the reports told of the romantic landscape death by our persecutors or lose their lives Russian press of scandal-mongering, al- ahead: Black clouds of buffalo sweeping in consequence of exposure or disease, and though many reports they initially denied across the prairie swells, great rivers some of you will live to go and assist in mak- were later confirmed. For example, Izvestia, and snow-capped peaks, the endless ing settlements and build cities, and see the regarded as the country’s leading newspaper, sky, and the lonely stars. Most of these Saints become a mighty people in the midst reported that news about a death in the fam- of the Rocky Mountains. ily of Vasily Tsibliev, the commander of Mir, wagons had never been this far West; had been withheld from him. perhaps a few had reached Missouri— As summer came to western Iowa the Russian officials stopped denying the story Independence or Clay County. But that vanguard paused to build and plant for only after the Reuter news agency reported was no comfort. Few people in this those who would follow, and, thus fur- from Tsibliev’s home town that the family wagon train cared to think much of ther delayed, found it necessary to had kept the death secret. Missouri—where the stench of mas- spend the winter of 1846–47 on the Space officials expressed irritation with sacre and betrayal had but recently banks of the Missouri, upriver from articles about conflicts among different departments of the space program: Mission overwhelmed the sweet scent of fresh Council Bluffs, in Indian territory. Control, the cosmonaut training center and gardens and new-mown hay. Now, as Here, at winter quarters, they gathered Energia, the enterprise that designs, builds history repeated itself, their last ref- and regrouped. On the 7th of April 1847, and launches rockets and space vehicles. uge—their beautiful Nauvoo—was be- the advance company, led by Brigham Newspapers reported that Energia officials sieged by hateful mobs, and there Young, was once more on the move, blame Tsibliev for the June 25 Mir collision seemed no other solution than to flee, followed in June by approximately with a cargo vessel. The crash damaged one yet again. These wagons were the van- 1,500 people organized after the Biblical of the modules and resulted in an emergency guard; hundreds were on the road be- model as the ‘‘Camp of Israel.’’ By July reduction of about half of Mir’s power. Sergei Gromov, a spokesman for Energia, hind them, and thousands more, gath- 21, after nearly 4 months on the trail, a said this week that such a report was non- ered on the banks of the Mississippi, scouting party reached the Valley of sensical given the interlocking structure of were making ready to follow. the Great Salt Lake, followed on the the Russian space program. Almost every Barely 26 years before, young Joseph 22d by the main body of the advanced one works for everyone else, and Energia had Smith, by his own account, had entered company. Two days later, Brigham a big say in who was to fly. the woods near his father’s farm to Young himself reached the foothills at ‘‘The cosmonauts are affiliated with the pray, when ‘‘Suddenly, a light de- the edge of the Great Basin. Surveying Air Force and the cosmonaut training center, but they are also personnel of our orga- scended, brighter far than noonday the valley before him, as if in a vision, nization,’’ he said. ‘‘We choose them and pay Sun, and a shining, glorious pillar o’er he finally spoke the now-famous words them; they are half ours. It would be like him fell, around him shone, while ap- of approbation: ‘‘This is the right blaming ourselves.’’ peared two heav’nly beings, God the place. Drive on.’’

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8006 CONGRESSIONAL RECORD — SENATE July 24, 1997 Over the next 150 years, the vision State and much of the West greater problems, and others say because the was verified and the prophecy fulfilled. than it would have been. Mormons weren’t good at getting along Upward of 70,000 people crossed the So I am very grateful for these pio- with their neighbors in Missouri, Illi- plains in wagons and handcarts. Many neers. I am grateful for those who nois, and the other places where they a journey started from Liverpool where made that commemorative trip this tried to settle permanently. the faithful from throughout Europe year and have gone through the depri- I won’t try to rehash that history be- embarked for Zion, fulfilling, as they vations and privations to show just a cause it doesn’t really matter. What believed, the words of the prophet Isa- little bit what some of these early pio- matters is that they stayed together, iah: neers had gone through. they traveled together, they spread And it shall come to pass in the last days, Last but not least, a number of them their version of the Gospel of Jesus that the mountain of the Lord’s house shall expressed themselves and said that this Christ throughout the world, and they be established in the top of the mountains, experience of going on that pioneer called their adherence from all over and shall be exalted above the hills; and all trek, walking it, riding in covered wag- the world to join with them in that tre- nations shall flow unto it. And many people ons, riding horses, and pulling hand- mendous sacrifice, to find a place shall go and say, Come ye, and let us go up carts was one of the greatest experi- where they could be left alone to flour- to the mountain of the Lord, to the house of the God of Jacob; and he will teach us of his ences of their lives. Unfortunately, it ish. ways, and we will walk in his paths * * *. wasn’t perhaps the greatest experience They were not successful. They were for our early forebears, the pioneers, not left alone. Within 2 years after Six thousand died along the way. because of the many travails and prob- Brigham Young arrived, gold was dis- Some lost heart and turned back, or lems they had. These trails they had to covered in California and the world shrank before the daunting task of break themselves, in many respects, started going through Utah on its way taming the harsh land and moved on to and they did it and I am grateful for it. for riches. Not everyone found their the greener pastures of Oregon and Mr. President, I yield the floor. way to riches, but they did help, eco- California. But more than 300 settle- Mr. BENNETT. Mr. President, I ask nomically, build a State—an ironic ments in Utah and surrounding States, unanimous consent that, like my col- twist of events for Brigham Young, as well as colonies in Canada and Mex- league, I may be allowed to proceed as who wanted to be alone. ico, testify to the courage and deter- in morning business. We have had a great deal said during mination of that vast majority who The PRESIDING OFFICER. Without this sesquicentennial year about the persevered. objection, it is so ordered. tremendous physical sacrifice involved Today, the desert blossoms with the Mr. BENNETT. Mr. President, I had in that trek. As I think of my 3-year- fruits of their labor, while their de- not expected to be here in the Senate old grandfather, I can barely identify scendants continue to build upon their today. I had made plans to be in Salt with how physically difficult that must firm foundation. A yearlong celebra- Lake City where the celebrations are have been for him and for his parents tion, with the theme ‘‘Faith in Every going on for a historic event marking and his grandparents. I have just gone Footstep,’’ is now in progress to honor the 150th anniversary of the entry of across country with a 5-year-old grand- their memory. Well-wishers and admir- Brigham Young into the Salt Lake child, courtesy of Delta Airlines, and it ers in towns and cities along the trail Valley. As Senate business has been was a whole lot easier than taking him and throughout the world have joined pressing, combined with a bad cold in a covered wagon for hundreds, if not with Latter-day Saints in commemo- that you can hear in my throat, I de- thousands, of miles. rating this milestone of human his- cided wisdom meant that I should stay So I pay tribute today to the legacy tory—with the dedication of buildings here, even though my heart is in Utah. that I owe to those people and what and monuments in hallowed places, Mr. President, we have heard a lot they did and what they endured. I have with theater and music, historical dis- from the senior Senator, appropriately, been back to England and have looked plays, and a vivid reenactment of the about the trek and what went on. Like at my relatives who stayed there and trek itself. It has been, and continues him, I have forebears who were part of compared what happened to those of us to be, a joyful celebration, as befits the that great movement, which began who are descendants of the people who memory of those whose sacrifice has with Brigham Young in 1847, but con- were willing to make that trek with indeed given birth to ‘‘a mighty peo- tinued until the coming of the railroad what happened to those who stayed in ple.’’ in 1869. My grandfather, John F. Ben- what they thought would be the com- Mr. President, I would like to add my nett, was 3 years old when his parents fort of the British Isles. It is one of the tribute by quoting the words of a Mor- and his grandparents took him out of things I offer thanks for in my personal mon hymn which reflects—I think, ap- the slums of Liverpool, where they prayers, that I am descended from that propriately—the joy and the guiding were born and raised in what would be branch of the family that endured that faith of those marvelous Saints who, considered the lower-lower class, trek. 150 years ago, put their fate in the walked across the great American I want to make one final point about hands of God and turned their faces plains to try to find a new life and a this, which I think is the important West: new religion in a new place. Out of that point out of this entire experience as The Spirit of God like a fire is burning! family that came from that little boy, we pay tribute to the people and who The latter-day glory begins to come forth; who had no education, no hope, and in they were and what they did. As im- The visions and blessings of old are return- the class-ridden status of England at pressive as their physical sacrifice and ing, And angels are coming to visit the earth. the time, no chance of opportunity for performance was, there is something We’ll sing and we’ll shout with the armies of advancement, have come two United else that I want to mention that I heaven, States Senators, a number of success- think, in many ways, is more distinc- Hosanna, hosanna to God and the Lamb! ful businessmen, a series of college tive and more instructive for us today Let glory to them in the highest be given, graduates, and a tremendous family of in our world. This was a group of peo- Henceforth and forever, Amen and amen. achievement and family happiness of ple—at least the core group—who had Mr. President, my forebears were which I am a beneficiary. been physically driven from their part of these pioneers who came across There was indeed something magic homes several times. They had been this vast territory, who suffered untold about that trek that called people not physically driven from Ohio. They privations. My great-great-grandfather only from the United States, but from sought refuge in Missouri; they did not was killed by a mob. I have to say that all over the world, to go forward in the find it. They were physically driven when they came to Utah, they followed name of their religion and their faith from Missouri and ended up penniless, the leadership of Brigham Young and to a place that was picked because no with nothing but the clothes on their went wherever they were told to go. one else wanted it. Indeed, their leader backs, in the State of Illinois. They They believed in what they believed. chose this place because he had been started over again. They built the larg- They had faith in what they had faith literally driven out of the United est and, by some accounts, most beau- in. And they lived up to the principles States—some say solely because of his tiful city in Illinois. They were phys- that literally made Utah such a great religion, others say because of political ically driven from there and, again,

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8007 started out with very little to go some- place faraway in the West, which God the consideration of this bill: Jim place where they could be left alone. had in fact for them prepared, where Morhard, Paddy Link, Kevin Linskey, In today’s world, when we see arti- they have indeed been blessed. Senator Carl Truscott, Dana Quam, Josh Irwin, cles in books constantly written about HATCH and I would like to be with them Scott Gudes, Emelie East, Karen Swan- how we are all victims, we could expect today, but we cannot because of our son-Wolf, Jay Kimmitt, Luke Nachbar, that they would have spent their time duties here in the Senate. But we and Vas Alexopoulos. lamenting over that which they lost thank the Members of the Senate for The PRESIDING OFFICER. Without and focusing on their resentments and their indulgence in allowing us to take objection, it is so ordered. their bitterness and that which other the time of the U.S. Senate and make Mr. GREGG. This request I just made people owed them. They did not. Oh, I this recognition of significant events in also includes both majority and minor- am sure that there was some of that. It American history. ity staff. would only be human that there would I yield the floor. Mr. President, I come to the floor be some regrets and tears shed for Mr. GREGG. Mr. President, before I today to introduce this bill, S. 1022, for homes left. But that was not their proceed with the formal business of the the fiscal year 1998 appropriations for focus. That was not their driving force. Senate, I just want to congratulate and the Departments of Commerce, Justice, They were not driven by hatred, a de- acknowledge the Senators from Utah and State, the Judiciary, and related sire for revenge, a sense of victimhood in their extraordinarily moving and agencies. This year we have taken and petitions to get everything back thoughtful and brilliant statements on great strides to obtain bipartisan sup- that had been taken away from them. the importance of today and the his- port for this bill and to be responsive Instead, their focus was on the fu- tory of Utah and the Mormon Church, to the needs of the people within the ture. Senator HATCH has already which has so reflected effectively the budget that we are provided. I think we quoted the third verse of the hymn history of this country. The tempo and have achieved this goal. that they wrote and sang to themselves culture of that experience has been one I want to especially acknowledge and again and again as they endured the which has been intertwined with our thank the ranking member of this com- physical difficulties. I want to repeat it Nation’s strengths and, unfortunately, mittee who for many, many years has here in this context. It was not a hymn some of our Nation’s failures. served on this committee and whose of mourning or longing for the past. Their statements today, I think, as cooperation, effort, and knowledge has They said: well as anything that I have ever been a core element in developing this We’ll find a place which God for us prepared, heard, reflect the energy and enthu- bill and achieving progress in making Far away in the West, where none shall come siasm and vitality and warmth that these agencies function effectively. to hurt, And that, of course, is the Senator or make afraid. that church presents to its parish- There, the Saints will be blessed. ioners and which makes it such a dy- from South Carolina [Mr. HOLLINGS]. We’ll make the air with music ring, namic force in the faith of many people The bill before us includes $31.6 bil- Shout praises to our God and King, above the across this country and across the lion for programs administered by the rest. world. So I congratulate them for their Commerce, State, and Justice Depart- This tale will tell, all is well, all is well. truly extraordinary statements. ments, the Judiciary, and related agen- Mr. President, we look around the f cies. That is a lot of money, $31.6 bil- world today in Bosnia, in Northern Ire- lion, but I would note that it is a bill land, in the Middle East, and we find DEPARTMENTS OF COMMERCE, that is frugal. It is $4 billion less than people who have suffered ancient JUSTICE, AND STATE, THE JUDI- what the President’s budget request, wrongs, sometimes terrible, unforgiv- CIARY, AND RELATED AGENCIES and it is over $100 million less than able wrongs, at the hands of their fel- APPROPRIATIONS ACT, 1998 what the House will have passed in its low men, in the name of politics or re- Mr. GREGG. Mr. President, I ask bill in this area. ligion, or just plain ethnic hatred. We unanimous consent that the Senate The essential thrust of this bill is to find people in the Middle East who re- now turn to S. 1022, the Commerce, make sure the committee adequately member the Crusades and feel offended Justice, State, and Judiciary appro- funds the activities of our criminal jus- by something that happened a thou- priations bill. tice system and to make sure that the sand years ago and are sworn to set The PRESIDING OFFICER. The States receive adequate funding to un- right those ancient grievances. clerk will report. dertake an aggressive posture to con- I say to them and to all of us that The bill clerk read as follows: trol the spread of violence and crime in those who made their way across the A bill (S. 1022) making appropriations for our Nation. As a result, we have in- plains 150 years ago had reason to hold the Departments of Commerce, Justice, and creased funding for the Department of grievances, but they looked not to the State, the Judiciary, and Related Agencies Justice by 5 percent over 1997 levels. past but to the future. And as I rise for the fiscal year ending September 30, 1998 This represents a fairly significant today to pay tribute to their memory, and for other purposes. commitment to that Department, obvi- I pay tribute not only to their physical The PRESIDING OFFICER. Without ously. courage in undergoing that trek and objection, the Senate will proceed to Within the Justice Department, top express my gratitude for the privilege its immediate consideration. priorities include fighting crimes of being descended from them, but I ex- Mr. GREGG. Mr. President, I ask fur- against children; providing assistance press my greater gratitude for what, in ther unanimous consent that with re- to State and local law enforcement; my view, is a greater legacy: that I spect to the Feinstein amendment re- countering terrorism activities; bol- have grown up in a circumstance where garding the ninth circuit court, there stering drug control efforts; and pur- these people, however much they talk be 4 hours of debate on the amendment suing new juvenile programs. about the history of the past, are will- equally divided between the chairman As chairman, I directed the coming to forgive the past; that they are and the ranking member or their des- mittee to take a close look at the not viewing themselves anymore as ignees with no second-degree amend- needs of the juveniles in our country. that first generation, as victims, as ob- ments in order to the amendment. I In hearings this year, it was brought to sessed with redressing old wrongs or further ask unanimous consent that my attention the threats our children attacking old antagonists. The legacy following the expiration or yielding face when surfing the Internet. While that is of greatest value to me and to back of time, the Senate proceed to a the Internet can be a place for the the people of my State that came from vote on or in relationship to the world to be at play and to be at the ac- those who were engaged in that great amendment. cess of children’s fingertips, that world trek was their legacy of hope and opti- The PRESIDING OFFICER. Without can also have its shady side where mism and a willingness to forgive and objection, it is so ordered. predators lurk to exploit our children forget and look to the future. Mr. GREGG. Mr. President, I also ask if given the opportunity. That is what we are celebrating unanimous consent that the following The Federal Bureau of Investigation today as we look back on 150 years Appropriations Committee staff mem- [FBI], along with organizations like since the time they finally found their bers be granted floor privileges during the Center for Missing and Exploited

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8008 CONGRESSIONAL RECORD — SENATE July 24, 1997 Children, has worked to combat tion, the funds will be used to conduct conserve the resources that live in our pedophile activity on the Internet. In terrorism threat assessment against estuaries and oceans. our legislation we provide funding to Federal agencies and their facilities. The bill increases funding for pro- continue these efforts: $10 million for Additional funds have been provided in tected species research. The Sea Grant the FBI to apprehend the pedophiles a classified portion of the bill, which is Program, which conducts research of who use the Internet in their criminal available to all Members. regional importance through colleges activities; $2.4 million to the local and Like many Members of Congress, the and universities, is strongly supported State law enforcement agencies to committee is concerned about the pro- in this bill. While we believe NOAA is form specialized cyber units to inves- liferation of illegal drugs coming doing essential work for America, tigate and prevent child sexual exploi- across our borders and its impact on sometimes we disagree with our House tation; and $6.2 million for the Na- our children. In an effort to support colleagues on the level of funding. We tional Center for Missing and Exploited law enforcement efforts to combat the intend to address this in conference, Children to continue their efforts to rampant spread of illegal drugs, the and we will go to conference with a educate and work with law enforce- committee devoted $16.5 million to strong bill. ment officials in handing child exploi- combat the trade in methamphetamine The committee provides increased tation cases. and $10 million to the effort to reduce funding for the National Weather Serv- Also, the committee believes it is in heroin trafficking. The committee also ice, also. Many of us are concerned the national interest to improve the provided substantial funding for the that this agency has the resources nec- skills of our law enforcement personnel Drug Enforcement Administration pro- essary to ensure timely warning of se- on all levels and supports initiatives to gram to provide adequate equipment vere weather, especially hurricanes and do this. The Community Oriented Po- for its agents. It does no good to hire tornadoes. The bill contains funding licing Services, or COPS Program, is new agents—and we are hiring a large for satellite improvements which are funded at $1.4 billion so that 100,000 number of new agents in this bill—if critical to monitoring and predicting extra police can be hired by our States they do not have the equipment needed the weather. The committee supports and our communities. The President’s to do the job. So this bill takes care of the modernization of the Weather Serv- request did not include any funding for that issue. ice and looks forward to working with the local law enforcement block grant. Over the last few years, the infra- the Department of Commerce to ensure However, we have provided $503 million structure needs of organizations funded the orderly deployment of technology so that localities could obtain funding by this bill have been neglected. We needed to improve forecasting and for initiatives to reduce crime and im- have made a point of providing funds to warnings. prove public safety. repair buildings throughout our agen- The largest increase in the Depart- Also, in response to a number of re- cies. Over $300 million will go to the ment of Commerce is the administra- quests from law enforcement officials, FBI, the Drug Enforcement Adminis- tion’s request for additional funds to we have added $10.5 million to the tration, and the Bureau of Prisons to prepare for the decennial census. We President’s request for a regional infor- make much-needed infrastructure im- have had previous discussions on the mation sharing system so that law en- provements. This money covers the Senate floor about whether or not to forcement officers throughout the costs of a new FBI forensics lab at use a sampling technique to conduct country can have increased access to Quantico, State prison grants to help the census 2000. The bill contains lan- national crime databases. States build new prisons, and facilities guage on this issue developed on a bi- This year the committee has taken a for 1,000 new Border Patrol agents we partisan basis during the consideration strong stance against the violent acts have funded through the Immigration of the Supplemental Appropriations that are directed toward women and and Naturalization Service. bill earlier this year. The increase for children. As last mentioned within the Justice fiscal year 1998 does not require a deci- Our support includes a $67.3 million portion of the bill, the committee sets sion on whether or not to employ sam- increase in the funding for the Violence aside funding for a Juvenile Block pling. Against Women Act grants. We recog- Grant Program, subject to the author- The committee also funds the trade nize the need to enhance and expand ization of the Judiciary Committee. It development and enforcement respon- current women’s assistance programs is our understanding that the author- sibilities of the Department of Com- as violent crimes against them con- ization may address such issues as the merce at or slightly above the adminis- tinue. Violence Against Women Act need for increased penalties for crimi- tration’s requests. The Bureau of Ex- grants will be given to the States to nal street-gang activities and pros- port Administration has two new re- develop and implement effective arrest ecuting violent youth offenders as quirements which deserve mention. and prosecution policies to prevent, adults at the discretion of the pros- First, the Department of State’s identify, and respond to violent crimes ecutor. This funding should assist in encryption export control responsibil- against women. This funding provides undertaking that effort. ities have been transferred to the Ex- domestically abused women and chil- This is just a brief summary of a port Administration. dren with additional support services. wide range of Justice provisions that Second, with the ratification of the This includes access to specially will help law enforcement combat the Chemical Weapons Convention (CWC), trained prosecutors and law enforce- threats that Americans face in our the Export Administration will have ment officials. Only 20 States received daily lives. the primary responsibility for enforc- Violence Against Women grants in In the area of the Commerce Depart- ing the convention. While funds are 1996. We believe there should be suffi- ment, we have made some difficult de- provided at the requested level to sup- cient funding for more States to par- cisions, but I think they are construc- port the Export Administration’s en- ticipate in this program. Consequently, tive ones. We have, for example, pro- forcement responsibilities, any addi- we have appropriated funds for this ef- vided strong support for the National tional funds which may be needed dur- fort. And while we have given signifi- Oceanic and Atmospheric Administra- ing fiscal year 1998 should be provided cant funding to the Violence Against tion (NOAA), which provides high-qual- by the Department of Defense or the Women Program, other grant programs ity research and provides technical Department of State. There is some still receive funding—the Motor Vehi- data to our economy. In particular, the concern that the administration has cle Theft Prevention Program, the bill increases funding for the Coastal underestimated the funds needed to en- State Prison Grant Program, and the Zone Management Act, which is impor- force CWC. The Department of Com- Missing Alzheimer’s Patient Program, tant to all coastal and Great Lakes merce should not be required to shoul- just to name a few. States and provides funding for estua- der all the costs of Chemical Weapons The Counterterrorism Fund received rine research. Since 75 percent of our Convention enforcement. $29.5 million so that the law enforce- Nation’s population lives near the Many Senators will be glad to hear ment officials can counter, investigate, coastline, placing a priority on pre- that the committee did not agree with and prosecute those people who are in- serving our estuarine areas is impor- the administration’s request to zero volved in terrorist activities. In addi- tant. Equally important is the need to out public telecommunication facility

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8009 grants. We went ahead and provided $25 equipment, 55 percent of the computer In total, this bill provides $31.623 bil- million for this program based on the equipment, and 40 percent of the tele- lion in budget authority. That is about strong bipartisan support it enjoys. phone systems are obsolete. These are half-a-billion dollars below the Presi- In the judiciary area of the bill, the the people who are representing us in dent’s budget request * * * and it is committee had to confront some dif- foreign countries and they deserve to right at our section 602(b) allocation. ficult issues, but I believe we have pro- have up-to-date equipment. The bill is $1.4 billion above this year’s vided the American people with a bet- As a final noteworthy item, this bill appropriated levels. ter judiciary through our efforts. The covers the U.N. arrears as agreed to JUSTICE appropriation is sufficient to maintain during the budget talks this year, in Once again, our bill makes it clear current judicial operation levels and addition to supporting the bicameral we’re not fooling around with Justice takes into account the increase in U.N. reform package found in S. 903, and law enforcement priorities. The bankruptcy caseloads and probation the Foreign Affairs Reform and Re- bill provides appropriations totaling population. We are also providing the structuring Act of 1997. The inter- $17.3 billion—an increase of $862 million Justices and judges with a 2.8-percent national organization and peace- above last year. Including fees we pro- cost-of-living adjustment requested by keeping efforts are also included in vide the Department, the total Justice the President. this appropriation. budget comes to $19.3 billion. The largest change—and it is a This is a very quick rundown of a It might be well to note historically change I think will be for the best—is very complicated and expansive piece that some 10 years ago the bill was that the ninth circuit Federal court of legislation. I believe it is an ex- right at $4 billion. We in the Congress will be split into two circuits, reducing tremely strong bill, complying with run around everywhere, ‘‘Cut spending, the caseload level in each to a manage- the ideas that have been guiding the cut spending, cut spending.’’ If you able level. During the 1996–97 session, budget process over the last few want to know where the increases in the Supreme Court overturned 96 per- months. As I mentioned earlier, it is spending occur, you can look at the cent—96 percent—of the decisions re- under the President’s request and space program. I followed the thought, viewed by the ninth circuit. This high under the House bill. Yet I believe it of course, of the distinguished Senator overturn rate is a beacon that the still represents a sound and strong from Arkansas—who has been up in Ninth Circuit is not meeting the needs commitment to the agencies which it space. They say the interest is trying of the people it serves. Last Congress, has to cover. to get Senator JOHN GLENN back in Chief Judge Wallace stated in testi- Before turning this over to my es- space. My interest is trying to get the mony before the Senate Judiciary teemed colleague and ranking member, Senator from Arkansas, Senator BUMP- Committee that ‘‘it takes about 4 I want to recognize the contributions ERS, out of space. He has been up there months longer to complete an appeal in of my staff, which have been extraor- for 2 days. But he has been doing a the ninth circuit as compared to the dinary, the members of my staff that I masterful job, trying to save moneys national median time.’’ The caseload outlined earlier, Kevin Linsky, Paddy there. continues to increase yearly. Link, Vas Alexopoulos, Jim Morhard, Now, with respect to the Justice De- Justice Kennedy of the Supreme Carl Truscott, Dana Quam, Josh Irwin, partment, the DEA, hundreds of more Court testified before our committee and Luke Nachbar; and I also want to FBI agents, a new laboratory there, on April 17 that there are ‘‘very dedi- acknowledge the ranking member’s Cops on the Beat, 1,000 more Border Pa- cated judges on that circuit, very staff, who do such a super job—Scott trol, half a billion more in prisons—we scholarly judges. * * * But, [he thinks] Gudes, Emelie East, and Karen Swan- are building prisons. If you haven’t that institutionally, and from a colle- son-Wolf. Their help has made a tre- gotten a prison in your State, call us; gial standpoint, that it is too large to mendous difference, and we would not we will be glad to build you one. Be- have the discipline and the control have gotten to this point without their cause we are not building schools in that is necessary for an effective cir- assistance. America, we are building prisons every- cuit.’’ I yield to my ranking member. where. So, everybody ought to under- While some of my colleagues may The PRESIDING OFFICER. The Sen- stand, in the 10-year period under the disagree, the facts lead me to believe it ator from South Carolina. leadership here of this Congress, trying is past time for the ninth circuit to be Mr. HOLLINGS. Mr. President, I to cut spending, we have veritably split, and we are going to hear a con- thank our distinguished chairman. quintupled the Justice Department. siderable amount of debate on that Mr. President, this Commerce, Jus- Of this amount, our Federal Bureau issue later today. tice, and State appropriations bill is of Investigations, the FBI, is provided Lastly, for the judiciary, we are pro- probably the most complicated of the $3.1 billion, and we have funded com- viding an additional $2.2 million to the 13 appropriations bills. In it we fund pletion of its new laboratory at Supreme Court for renovations in an programs ranging from the FBI to our Quantico as well as $10 million to en- effort to comply with safety regula- embassies overseas, to fisheries re- hance efforts to combat child pornog- tions and with the Americans With search to the Small Business Adminis- raphy on the Internet. Disabilities Act at the Supreme Court tration. It requires a balancing act— As, I said, we’ve made sure the INS building. considering the priorities of our Presi- will keep our borders secure, by pro- Moving on to the State Department, dent, our colleagues here in the Senate, viding an additional, 1,000 Border Pa- we have fully funded to the best of our and our Nation, in equitably distrib- trol agents in the Immigration and abilities, the operations carried out by uting our subcommittee 602(b) alloca- Naturalization service. Furthermore, this Department. We made sure that tion to the many programs in this bill. the bill extends section 2451 of the Im- the day-to-day functions of the State I think Chairman GREGG has done a migration Act. These fees allow adjust- Department are funded at an accept- masterful job in putting it together, ment of status for legal immigrants in able level, and we are going a long way and I support him in bringing this very the United States and result in the Im- toward updating their outdated tech- solid bill before the Senate. migration Service getting almost $200 nology systems. I would especially like to recognize million per year for border enforce- Maintaining infrastructure was a top the majority staff who are all new to ment and combating illegal immigra- priority of mine in funding this bill. To this bill—Jim Morhard, Paddy Link, tion. This is important to both INS do this, we are providing $40.4 million Kevin Linskey, Carl Truscott, and which needs the funding, and the State above the President’s request for the Dana Quam, and our Democratic Department which no longer has the Capital Investment Fund so that des- staff—Scott Gudes, Emelie East, and consular officers overseas to provide perately needed upgrades on informa- Karen Swanson-Wolf. They have been for adjustment of status in embassies. tion and communications systems can working night and day to put together Within the Justice Department, we be done. It is quite alarming to hear this bill. They have done a truly out- also provide $1,033 billion for our pros- that the State Department is still standing job, and have ensured a bipar- ecutors, the U.S. attorneys. That is an using Wang computers and that over- tisan spirit was maintained throughout increase of $55 million. I’m pleased to sees, about 82 percent of the radio this entire process. note that it provides for activation of

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8010 CONGRESSIONAL RECORD — SENATE July 24, 1997 the National Advocacy Center to train ties of the State Department, for exam- I yield the floor. our Federal and State prosecutors, and ple we included $105 million to mod- Mr. GREGG addressed the Chair. it continues State and local violent ernize computer and telecommuni- The PRESIDING OFFICER. The Sen- crime task forces which report to our cations systems. ator from New Hampshire. U.S. attorneys. We have included $100 million for AMENDMENT NO. 979 So, looking at the Justice grant pro- United Nations and peacekeeping ar- (Purpose: To authorize the Administrator of grams: the COPS Program is provided rearages as part of the agreement that General Services to transfer certain sur- $1.4 billion; the local law enforcement was reached with the Administration plus property for use for law enforcement block grant is $503 million; $590 million on the Foreign Relations authorization or fire and rescue purposes) is recommended for State prison bill. The recommendation also includes Mr. GREGG. Mr. President, I send an grants; $264 million for violence $20 million for renovating housing and amendment to the desk. against women grants; $580 million is the U.S. Embassy in Beijing. The PRESIDING OFFICER. The provided in Byrne grants and; $380 mil- I have just had a conversation with clerk will report. lion is provided for juvenile justice pro- the Ambassador Designate to the Court The assistant legislative clerk read grams which is over twice the amount of Saint James, which has a magnifi- as follows: as this year. cent residence there. It was done over The Senator from New Hampshire [Mr. GREGG] proposes an amendment numbered COMMERCE by Walter Annenberg. It looks like a 979. On the Commerce Department, the beauty to me. It doesn’t look like it’s Mr. GREGG. Mr. President, I ask bill provides $4.169 billion for the Com- falling down. But they are going to unanimous consent that the reading of merce Department. That is an increase close it and get into a multimillion- the amendment be dispensed with. of $368 million over this year. Within dollar renovation program over 2 years, The PRESIDING OFFICER. Without this Department, the bill provides $659 while they are in squalor in Beijing. I can tell you here and now, we have objection, it is so ordered. million for the Census, which is an in- The amendment is as follows: crease of $314 million. This bill does to do something about the Property Di- On page 65, strike lines 3 through 9 and in- not prohibit statistical sampling, vision over in that Department of sert the following: though we will continue to monitor State, so that we can at least have de- SEC. 119. Section 203(p)(1) of the Federal this issue closely. cent housing for those who are willing Property and Administrative Services Act of We have provided $25 million for the to sacrifice and lead this Nation’s for- 1949 (40 U.S.C. 484(p)(1)) is amended— (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and Public Broadcasting facilities grants eign policy, particularly now in the (2) by adding at the end the following new and have rejected the administration’s most important nation with respect to subparagraph: proposal to terminate this program foreign affairs, the People’s Republic of ‘‘(B)(i) The Administrator may exercise which assists public television and China. the authority under subparagraph (A) with radio. There is almost $400 million in the respect to such surplus real and related prop- The recommendation includes $200 bill for international broadcasting, $200 erty needed by the transferee or grantee million for the NIST Advanced Tech- million for international exchanges. for— nology Program and $111 million for That is the first time, of course, Mr. ‘‘(I) law enforcement purposes, as determined by the Attorney General; or the Manufacturing Extension Program. President, that the Fulbright and other ‘‘(II) emergency management response pur- So this bill supports the bipartisan exchanges have gotten an increase. It poses, including fire and rescue services, as budget agreement which specifically should be noted that no funds are in- determined by the Director of the Federal made these technology programs a pri- cluded for the National Endowments Emergency Management Agency. ority. Another program of interest, the for Democracy, and the distinguished ‘‘(ii) The authority provided under this International Trade Administration, chairman and I are well able to defend subparagraph shall terminate on December 31, 1999.’’. has been provided with $280.7 million. that particular initiative now. I imag- The biggest account in the Depart- ine we will be hearing from our col- Mr. GREGG. Mr. President, I yield ment of Commerce, NOAA, has been leagues with an amendment. But if the floor. provided with $2.1 billion. We have in- they want to bring this up and talk Mr. BROWNBACK addressed the cluded $473 million for Weather Service about pork, I never heard of worse Chair. The PRESIDING OFFICER. The Sen- operations, an increase of $23 million ones—although we have had it. This above the request. This ensures that we ator from Kansas. Senator at one time opposed it; at one Mr. BROWNBACK. Mr. President, I won’t have a repeat of all the problems time supported it at the request—at ask that the previous amendment that we have seen this year. LIke cutting the fall of the wall. We didn’t have an has been proposed be set aside and I the National Hurriance Center. And entity that could really bring news- have an amendment that I will send to this bill continues support for the papers and printing presses and elec- the desk. NOAA oceans programs and the NOAA tion fliers for democratic elections The PRESIDING OFFICER. Without fleet. where in countries they had never held objection, it is so ordered. I just attended the commissioning of a democratic election. It looked to me Mr. BROWNBACK. Mr. President, I the most modern research vessel in the it might be an exception. suggest the absence of a quorum. fleet, the Ronald H. Brown. I am The Department of State, we ought The PRESIDING OFFICER. The pleased to report that, rather than the not to be embarrassed, the Department clerk will call the roll. interest up here—310 million miles of State ought to be, really, about its The assistant legislative clerk pro- away whether or not some little instru- front-line position, now, with the fall ceeded to call the roll. ment ran into a rock—in contrast, the of the wall, in promoting democracy, Mr. BROWNBACK. Mr. President, I NOAA fleet is out researching seven- individual rights, and the American ask unanimous consent that the order tenths of the Earth’s surface, the way the world around. And we need not for the quorum call be rescinded. oceans and atmosphere, mapping the fund the chairman of the Democratic The PRESIDING OFFICER. Without ocean floor and harbors and conducting Party, the chairman of the Republican objection, it is so ordered. surveys of living marine resources so Party, the Chamber of Commerce and AMENDMENT NO. 980 that the NOAA fleet is alive and well. the AFL. I think that here we can (Purpose: To prohibit certain corporations And we are not going to scuttle it as make a savings of several million dol- from participating in the Advanced Tech- has been proposed here previously. lars. nology Program) STATE Mr. President, this is a good bill. I Mr. BROWNBACK. Mr. President, I In our title for the State Department support it. We have had to make some ask that the pending amendment be set and international programs, we have tough decisions, but under the leader- aside. I send an amendment to the desk included some $4 billion for the Depart- ship of Senator GREGG, I think we have and ask for its immediate consider- ment of State, and have supported the made the proper decisions. It is nice to ation. consolidation of our international af- have worked on this State, Justice, The PRESIDING OFFICER. Without fairs agencies. We have assigned, again, Commerce bill, and I urge my col- objection, it is so ordered. The clerk a priority to the operations and facili- leagues to join in its passage. will report.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8011 The assistant legislative clerk read 500 largest companies in America, the According to the Department of Com- as follows: so-called Fortune 500, from receiving merce, more than 40 percent of single- The Senator from Kansas [Mr. BROWNBACK] welfare dollars. applicant grants currently go to large proposes an amendment numbered 980. I think if you are a Fortune 500 com- companies—40 percent. Other ATP re- Mr. BROWNBACK. Mr. President, I pany, you can do without corporate cipients are AT&T, Black & Decker, ask unanimous consent that the read- welfare dollars. In the word of one Sil- 3M, DuPont, MCI, Xerox, Caterpillar, ing of the amendment be dispensed icon Valley executive—and there have Kodak, United States Steel, Honeywell, with. been a number out there to support Allied Signal, and the list goes on. The PRESIDING OFFICER. Without this provision; we have a letter signed These industrial giants have the time objection, it is so ordered. by over 100 CEO’s from startup compa- and the money to fill out ATP applica- The amendment is as follows: nies in Silicon Valley which say termi- tions, but also have the money to fund At the appropriate place in title VI, insert nate the entire ATP program, get rid of these projects on their own. the following: the whole thing. We are saying let’s I also take this opportunity to com- SEC. 6 . Section 28(d) of the National In- hold it to the largest corporations. mend Secretary Daley for initiating a stitute of Standards and Technology Act (15 review of the ATP program. As he and U.S.C. 278n(d)) is amended by adding at the One executive said this: end the following: If you were General Motors with annual I have discussed, I believe this review ‘‘(12) For each fiscal year following fiscal sales of $160 billion and $20 billion in the is long, long overdue, and I appreciate year 1997, the Secretary may not enter into bank, why don’t you fund this great idea that it was instigated very early on in a contract with, or make an award to, a cor- yourself and patent it yourself? his tenure. The Secretary recognized in poration under the Program, or otherwise I think the answer to this question is his recent report on the program that permit the participation of the corporation pretty simple, and that is, if there is a the question of whether huge corpora- in the Program (individually, or through a tions should participate in ATP grants joint venture or consortium) if that corpora- Federal subsidy program which will fund corporate R&D for free, even if to the exclusion of some smaller vention, for the fiscal year immediately pre- tures is a legitimate concern and one ceding that fiscal year, has revenues that ex- the company has enough corporate ceed $2,500,000,000.’’. R&D resources, and if that company’s that he is concerned about as well. As a result of the Secretary’s review, he Mr. BROWNBACK. Mr. President, competitors are taking the money from has proposed changes in the match for this amendment deals with the Ad- the Federal Government, why not take the money from the Federal Govern- single-applicant-large companies to a vanced Technology Program which was 60–40 match from the current 50–50 and established to spur high-risk ment yourself? Therefore, we need to close that loophole so their competi- encourage joint ventures over single precompetitive research and develop- applicants. tors can’t get it and they be forced to ment. It was intended to make U.S. That is a laudable start, but, my businesses more competitive in the take it as well. goodness, that is just not far enough What may be most troublesome is global marketplace by assisting them when we are talking about a company that for every grant given to a huge in developing technologies which they that has $2.5 billion in revenues, huge wouldn’t fund on their own. company with a multibillion-dollar companies. They can afford to do this It was not established to fund re- budget and CEO making tens of mil- on their own. It just doesn’t go far search and development which would lions of dollars, there is a small com- enough. At most, this would reduce the have been funded in the marketplace pany who may have a good idea but amount a large company will receive in anyway. No one believes that the Fed- can’t raise the capital and will do with- grants by $65,000 a year, and that is not eral Government should be in the busi- out Federal assistance. The small com- much of an incentive for companies ness of taxing American families to panies will do without, while the big like IBM with revenues of $76 billion subsidize product development, re- corporations get it. What we are saying annually. search spending for rich corporations. I is let’s keep it from going to the To its credit, this year the Depart- think this would be in anybody’s defi- megacorporation and have more avail- ment of Commerce requested input nition what former Secretary of Labor able to the small corporation, which is from the public on the ATP. Among Robert Reich qualified and stated was what we are trying to target in the the public responses were, listen to this ‘‘corporate welfare.’’ first place. one: I have grave concern that the Ad- We are not talking about a program ATP awards large companies even though vanced Technology Program has be- that gives money exclusively to small a smaller company, as a single applicant, come just that, a corporate welfare business, entrepreneurs or inventors may have a better technical and business program. While recognizing the impor- working in their garages. Some ATP proposal. In some cases, the large company money goes to small companies and tries to get the award in a new research file tance of a strong Federal role in re- just to shelf the idea and prevent someone search and development, I am very con- universities. This amendment would from doing the research because it will com- cerned that the ATP program is pro- make it more available to them. But pete with its existing markets. viding too much money to companies the top five companies that participate Another one: that have clearly adequate resources of in the greatest dollar volume of grants ATP should not be a time-consuming, ex- their own to fund any research that is from the ATP program are some pretty pensive proposal preparation contest which worth their doing. familiar names: IBM, General Motors, it is now. My amendment is a simple one, and General Electric, FORD, Sun Micro- Another one: it should have broad bipartisan sup- systems. I think they can afford to ATP does not provide much assistance for port. My amendment says that no com- fund these programs on their own. individuals or shoestring startups which pany with revenues in excess of $2.5 bil- They don’t need corporate welfare, and need assistance most. lion—revenues in excess of $2.5 bil- we should be making more of this While I am not offering an amend- lion—can receive Federal funding available to small companies. ment to kill this program today, I do through the Advanced Technology Pro- Maybe they get it because they have have grave concerns about it primarily gram. We are talking about revenues. a great idea or maybe they get it be- because I believe there is ample private This is gross revenues of a company of cause they have a lobbyist in Wash- capital for good ideas. Last year alone, $2.5 billion—so this is a pretty large ington that watches for these things. the venture capital industry pumped company we are talking about—above That may be part of it as well. Where- more than $10 billion into new ven- which you can’t receive funding from as, a small startup company is just tures. Last year, companies raised the Advanced Technology Program. I busy in their garage, or wherever, try- more than $50 billion from initial pub- think if you are having revenues of $2.5 ing to hustle enough to make this lic stock offerings. The top four win- billion or more a year, you can afford thing go. We want to make it more ners of ATP grants invested more than to fund your own research and develop- available to the small companies, the $20 billion of their own corporate re- ment program, and you don’t need the entrepreneurs and keep it out of the sources on research and development. Advanced Technology Program. hands of the Fortune 500, all of which We are talking about a total program, We use the $2.5 billion revenue have large lobbying staffs to get hold the total ATP program of right around threshold because it would exclude the of that here. or under $300 million.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8012 CONGRESSIONAL RECORD — SENATE July 24, 1997 I don’t think I have the support this authorities at the National Bureau of research?’’ We did not just want com- year to eliminate this program on an Standards, at the time we called it, pany research to increase the profits of appropriations bill. Many of my col- found that we had all kinds of tech- a particular company; we wanted a re- leagues believe that would be more ap- nology backed up in research at the search endeavor that meant something propriate for the authorizing process, National Bureau of Standards on the to the basic research technology ad- which I think would be as well and a civilian side that was not being com- vancement of the United States of good place to do it as well. mercialized. In fact, what they call the America. This is a national program; it So let me reiterate, today I am not rapid acquisition of manufacturing is not a welfare program; it is not a offering a killer amendment. This isn’t parts—it is a wonderful type program— corporate-profit program. even an amendment to reduce the fund- was developed and came really out of So this is No. 1. The corporation has ing of this program. It does nothing to the Bureau of Standards. A ship broke to come with at least 50 percent of its the funding of ATP. I am offering an down in the Persian Gulf that was 25 money. They have to have upfront amendment which will make a small years of age, and they weren’t making money they are willing to put in, then change in the program to better enable the parts anymore, so the ship couldn’t bucked over to the National Academy it to meet its mission of providing function. It took several months or a of Engineering for its approval on a na- funds for high-technology research year to get the part back out to get the tional basis, then going back for a without replacing private dollars. ship moving again and everything else. third particular test of competition of I want to note something else, Mr. The computerization and manufac- which were the most deserving because President, if I can, about people apply- turing at the defense level of all parts this has been very, very, very limited. ing for ATP grants and companies that are immediately on the board. Within Look at our agricultural boards. are applying for ATP grants. This is days, they knew how to punch the com- They have multimillions in there for according to a GAO report when they puter, get the particular manufacturer, California raisins and ‘‘Don’t drink the were looking at whether people try to get the part back and going again. wine before its time,’’ Gallo, and all of find these first outside the Govern- That came out of the Department of those other things. The farm boys ment. This is the GAO: Commerce that my distinguished col- around here know how to get things When we asked if they had searched for league has been bent on trying to abol- done, but the technology boys are out funding from other sources before applying ish. researching and making money and to ATP, we found that 63 percent of the ap- Back to the commercialization. In continuing to research. Then, like GE plicants said they had not— the late 1970s, down in Houston, TX, coming through my office and saying, Sixty-three percent— they developed the superconductor, and ‘‘We don’t have time to turn this par- [and] 65 percent of the winners had not right to the point, with the research ticular around,’’ so go sell it to the looked for funding before applying to ATP. initiative, these particular scientists Saudis because they have the money In other words, they are going first won the Nobel Prize. But the actual and they can develop it. right to the Federal Government, to commercialization was caused by our Mr. President, 15 years ago, I put in the ATP program. These are huge cor- Japanese friends who correlated some a bill to cut out the quarterly report- porations with over $2.5 billion in reve- 22 entities and immediately started de- ing. That is one of the real bad de- nues, the only ones we are targeting, veloping and commercializing it. Oh, vices—all this quarterly reporting. The and they are saying, ‘‘Let us take it yes, the American scientists won the market is going up; the market is there first.’’ Nobel Prize; the Japanese entre- going down. Greenspan says something, This is a simple amendment and will preneurs won the profits. it goes up billions, it goes down bil- help the small entrepreneur. It will We are going out of business in this lions, costs or whatever it is. We have bring some sanity back to the process. country. This has nothing to do with to understand the global competition It will start to address the issue of cor- small companies or large companies. has to steady the boat in this land fi- porate welfare, and this is a perfect The staff, of course, has provided me— nancially. One of the great initiatives case. but I do not want to get into that be- to have it steadied is to do away with So, Mr. President, I think this is an cause I support DARPA very much. But quarterly reports. appropriate amendment. At the appro- if we had this particular amendment We all fault the American entre- priate time, I will urge its adoption and it took, then we could put it to preneur and corporate leader in saying, and ask for the yeas and nays. I yield DARPA and all other research over in oh, he won’t invest in the long range. the floor. the Defense Department, and then we Our Japanese competition, they know The PRESIDING OFFICER (Mr. could grind research to a halt. Because how. In Korea, Japan, the competition KYL). Is there further debate on the the reality is that the larger companies in the Pacific rim, they get long-range amendment? do have the better research entities. planning. The American corporate head Mr. HOLLINGS addressed the Chair. And the larger research companies also cannot do it under this structure. He The PRESIDING OFFICER. The Sen- have the stock-market-turnaround, has to get in and somehow take the ator from South Carolina. get-in-the-black, get-your-stock-in- best profits, the bigger profits, go for Mr. HOLLINGS. Mr. President, I am crease kind of pressure. it. You might have a technology, but if reminded of a little ditty they used to Talk to the CEO of AT&T, a multibil- it takes over 3 years, forget it, ‘‘We have on the radio each Saturday morn- lion dollar company. One of the largest don’t have time. We don’t have the ing for my children: ‘‘All the way corporations ever in the world is in money. Sell it to somebody else, get a through life, make this your goal; keep trouble because the chairman that joint venture with the Germans or the your eye on the donut and not the they had momentarily, barely a year, Brits or whatever it is.’’ hole.’’ could not turn it around and get it into We are exporting our technology. The distinguished Senator from Kan- the black and get it going. He is gone. And the security of the United States sas is really, with this amendment, Now, Senator Danforth and I, work- of America depends on our superiority trying to reduce it to a corporate wel- ing on this commercialization, said of technology. We do not have as many fare program. The goal, and the eye now we are not going to have welfare Americans as they do Chinese. Some- ought to be on it, was commercializa- and we are not going to have pork. So day we are going to find that out, Mr. tion of our technology, not research. In we put in unusual safeguards which President. fact, the research arm of the Defense this Senator from South Carolina has Running around with a little boat in Department, DARPA as we call it, had to fight personally to maintain. the Taiwan Straits, I was on one of which has billions of dollars that come One safeguard coming with the par- those aircraft carriers up in the Gulf of over—Greg Fields, working with the ticular research endeavor was that we Tonkin 30 years ago. We did not stop 30 National Institutes of Standards and had to have this particular request ap- or 40 million little North Vietnamese Technology—this is now back in the proved, bucked right over to the Na- coming down the Ho Chi Minh trail. I late seventies because I authored this tional Academy of Engineering, and do not know how, with a couple of particular program—in the late seven- saying, ‘‘Wait a minute. Does this real- these boats in the Straits of Taiwan, ties in talking with Mr. Fields and the ly contribute to the Nation’s particular that we are going to stop 1.2 billion

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8013 Chinese. So we better sober up in this tinguished Secretary of Commerce. He to a Secretary about it. ‘‘This is not land, emphasize our technology, get it has come along. I do not have the exact pork. It’s not corporate welfare.’’ I told developed. That is the thrust of the Ad- breakdown. I wish I had the Fortune that to my own textile leaders. vanced Technology Program. 500 approach. We know about half of it Mr. President, you know what they So we had all the tests. Like I had goes to small companies. I have no ob- did? They went out to Livermore Labs, commented, I had personally taken it jection to it going to small companies. through the Energy Department, and on over on the House side. We had a I just have a distaste and would have got started a $350 million program in distinguished colleague over on the to vote against that kind of division textile research. You see, with the House side that every time we got to because if this kind of thing sells, then closedown, fall of the wall and the the State, Justice conference, he want- we are going to begin the big-little and closedown of some of the defense reed to write up one of these particular it is really going to miss out on some search and what have you, to keep En- programs for himself. I said, ‘‘This is very, very valued technological pro- ergy’s budget livable and alive, they not corporate welfare. This is not pork. grams. said, ‘‘Sooey, pig. You all come. We’ve We’re going to stand by.’’ We held this I have example after example that we got money. Anybody that can do it, we bill up in conference for weeks on this could get in. I see other Senators want- are ready to go.’’ one particular point, that it was not ing to speak. But the point here is, big, That is what happened. They did not corporate welfare, it was not pork. It little, small, or otherwise, you have to qualify at the National Academy of En- was a studied program to commer- first put up some money, at least half gineering for this computerization. It cialize, develop, and commercialize the of it. You have to have it reviewed na- was an advancement. It would have technology that we could get financed. tionally. Some of the smaller compa- helped out my home industry and that It is a solid program with strong bipar- nies, they are engaged in research, but kind of thing, but it had nothing to do tisan support. they are not engaged in basic research. with the overall commercialization of Mr. President, I remember when we The smaller companies, by their very a national kind of research unique to had the particular—if you can remem- nature, only have the moneys for their the security of the United States itself. ber. I can hardly remember when the particular endeavor, their particular So it was turned down. Republicans were in a minority, but profits. Therefore, they do not come. So we ought to be looking now and there was a day. It was just about 4 We tried to get the small companies do not start this particular kind of ini- years ago. They had a Republican task going because that is where jobs are tiative for defense, because we have the force in the U.S. Senate at that time created, trying to get small business. large companies here that do all—we chaired by the distinguished majority We have a specific program for that. put this under research in the Defense leader, Senator Dole. They had over a We have in here the Small Business Ad- Department. United Technologies, dozen Senators endorse this program as ministration program in Senator Lockheed Martin, Texas Instruments, it is, which includes, of course, our dis- GREGG’s bill right here and now. So we IBM, MIT, Hughes Aircraft, Carnegie tinguished majority leader, Senator take care of that when it comes to Mellon, Northrop Grumman, Loral, LOTT; the former Secretary of the small business. Honeywell, GE. I can go down the list Navy, Senator WARNER; the chairman I know the administration, under of millions and millions and millions. now of our Appropriations Committee, Secretary Daley and his particular If this particular applied, I can tell you Senator TED STEVENS; the chairman of study here that we could put in the you would not get any defense re- our Judiciary Committee, Senator RECORD, says let us give even again search, you would not be getting the F– HATCH—you can go right on down the more emphasis to it and require more 22, the advanced plane, and others of list—the chairman of our Budget Com- than the 50 percent from the larger cor- that kind that have come on now to mittee, Senator DOMENICI; and others. porations. That particular guideline maintain the national defense of the I just want the distinguished col- would be good. I would have hoped that United States. league and friend that I have here from the gentleman would have come with a So I hope that colleagues will under- Kansas to understand coming over sense of the Senate to confirm that stand the genesis of ATP, the practical from the House side with that Walker guideline. But to actually put in law reality of financing and developing and disease—we had a fellow over there this initiative begins to develop in the commercializing the research. The named Bob Walker from Pennsylvania minds of everyone that this is a welfare large corporations who developed the who just took on a personal kind of program and what we are trying to do unique research in this land of ours can vendetta against doing anything about is finance research. make more money elsewhere, and they commercialization or development of We are not trying to finance research have been doing it like gangbusters by technology or research except in his at all. We are trying to finance the de- exporting it right and left everywhere, district. He held up the authorization velopment and commercialization of and we have been losing out. And we for this particular measure for several already established research. That are wondering why we still have a def- years. Now it has been passed over on really comes for the more affluent icit in the balance of trade. the House side. I thank the distin- larger corporations. They come in with We have gone and manufactured the guished Republican leadership for pass- the great innovations because they actual production and commercializa- ing that authorization bill and do not have basic research. The small com- tion. We have gone from 26 percent of want to stultify it now by resolving it pany—incidentally, I do not know that our work force, 10 years ago, and man- into big-little, 21⁄2 billion or whatever I have any—of course, down in my ufactured down to 13 percent. Oh, yes, it is. home State it is not welfare. I do know we are getting the software, we are get- I can tell you here how they move on this. ting the wonderful jobs at McDonald’s these large entities here. They move on In the debate, it ought to be under- and the other hamburger places and and do not put the money to it. They stood that I had my textile folks come the laundries. But the actual produc- sell it. I can give you example after ex- to me and they said that they had a tion and high-paying jobs are going ample where I have worked with them technology program and they knew elsewhere. We are exporting them as in this particular field, and they come that I had been the father of the Ad- fast as we can. We ought not to toy by the office and say, ‘‘I am headed to vanced Technology Program, the ATP, around with the solid nature of the Ad- so and so just for a joint venture. I will and the manufacturing extension cen- vanced Technology Program. It is not just take it to Japan and get a 49–51 ters. So they said, ‘‘We need your help pork. It is not corporate welfare. The deal. At least I can get my money back over at Commerce to get this par- distinguished Senator has come up out to do some more research.’’ But ticular’’—it had a computerization of with an arithmetic formula, and if we this has been draining, veritably, the the supplies coming in and going out so begin to apply that to research in security—not just the technology, but they would not end up with a ware- America, we are gone goslings. the security—of the United States of house full of bluejeans that they could I yield the floor. America. not sell, whatever it was. Mind you me, Mr. GREGG. Mr. President, I ask It is a well-conceived program, well- I said, No. 1, ‘‘I’ll not call over there.’’ unanimous consent that Tom Wood, a administered, just updated by our dis- I never have called over there to talk fellow for Senator FRIST’s office be

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8014 CONGRESSIONAL RECORD — SENATE July 24, 1997 given access to the floor during the de- big entity. I suspect there are a lot of program here where you are going to bate of the Commerce, Justice, and major companies that fall into that pick winners and losers out of Wash- State appropriations bill, and the same category. In fact, within the State of ington. We have an application process applies to Floyd DesChamps, a detailee New Hampshire, I am not sure how that takes place here. You apply for from the Department of Energy with many companies would have more than this and give us your good idea, and we the Commerce, Science, and Transpor- 2.5 billion dollars’ worth of gross sales; in Washington are going to think about tation Committee. it would not be many. We are retaining it and see if we think you deserve to The PRESIDING OFFICER. Without the availability of this program to the get this money or not. If your tech- objection, it is so ordered. vast majority of corporate America nology is one we are interested in and Mr. GREGG. Mr. President, I rise in and to all of the entrepreneurial world. if we think this technology is good for support of the amendment of the Sen- It is not as if we were handicapping our future, then we will decide to give ator from Kansas. The ATP issue has for purposes of this exercise. In fact, it to you. We will decide those sort of been one of the more contentious there isn’t enough money to go around issues from Washington. issues that we have dealt with within as far as applications are concerned. I am not even talking about the over- our committee. Last year, it was more There are a lot of applications that are all program here. As I mentioned, and contentious than this year because of not approved. In fact, the Senator from as Senator GREGG has mentioned as an agreement reached between the South Carolina cited one in his own well, this is actually a strengthening White House and the leadership of the State. It just seems much more logical amendment. We are just saying, if you Senate and House. The House and Sen- to me that we take this money and, are a Fortune 500 company and have ate and the White House agreed that rather than giving it to folks who have revenues of over $2.5 billion a year, we this program would be funded. I sus- the capacity to pursue this research are not going to make this program pect that they agreed it would be fund- independently and on their own and are available to you. You are going to have ed because of the strength of the argu- simply using the Federal dollars to re- to be, at least, a startup company, be- ments made by the Senator from South place dollars that they would spend cause the larger companies do have Carolina, but I think most people ap- anyway, that we give it to companies— lobbyists here in Washington, as the preciate the fact that I have, since my or make this money available to enti- Senator from South Carolina knows. tenure on this committee, opposed ties that do not have the financial They are always coming around look- funding for this program. It was over wherewithal to pursue these programs; ing for things for their companies, as my strong objection that this decision or if they do have it, they would be they should be. Many of their compa- was made. But it was made and I have under more stress than a company that nies take it because their competitor agreed to live by the budget agreement has 2.5 billion dollars’ worth of income. takes this. Let’s remove that as an op- and, therefore, the money for ATP is in So the amendment of the Senator portunity and remove this area of cor- there. from Kansas makes an immense porate welfare, which truly is cor- But if you acknowledge ATP even as amount of sense. It is not a dagger in porate welfare. a program that should proceed forward the heart of this program. In fact, I Now I would like to clear up a couple because of whatever arguments we are think it is a strengthening amendment of other points on this, if we could. One inclined to accept, it is very hard to for this program. It will significantly is that I am afraid, too, that some of understand how we can justify using a improve the nature of this program. these programs qualify in the area—we program, the purpose of which is to en- And, really, I am a little bit surprised put out a big press release saying this courage the development of tech- at the intensity of opposition to it be- program is going to solve all the prob- nologies which might not otherwise cause it appears to be an effort to logi- lems of technology drifting abroad, and evolve. That is the key here—they cally and fairly approach this program, we are going to solve all of the prob- might not otherwise evolve. It is very rather than just eliminate it, which lems of not having good, high-wage, hard to justify such a program being would be something that many of us high-skill jobs in the United States be- used to fund Fortune 500 companies’ re- would support also. cause we have the Advanced Tech- search initiatives. The fact is that For- So I think the Senator from Kansas nology Program. This will solve all of tune 500 companies, companies with has brought forward an excellent those problems. This will do it. I think over $2.5 billion in sales, have the ca- amendment. I hope that we can pass it. we suffer here from a concept of having pacity to pursue any technology they I will certainly support it. a big press release and a very small wish to pursue if they determine that Mr. BROWNBACK addressed the program to answer that. it has some value, if it has some eco- Chair. Listen once again to the figures. We nomic value and if it is going to The PRESIDING OFFICER. The Sen- are talking about a program of $200 produce some sort of worth to them. ator from Kansas. million. That is a large sum of money, And it’s very illogical to presume that Mr. BROWNBACK. Mr. President, I but if you look at what venture capital those companies would not pursue want to rise in response to some of the put into new startups last year alone, those technologies if they felt there is statements made by the Senator from which was $10 billion, this is 2 percent a value and they have the wherewithal South Carolina. I deeply appreciate his of what was put into this from just to do it. You have essentially created a heart, of where it is about what we venture capital. And I add initial pub- piggy bank into which these companies need to do to make America a stronger lic offerings on to that, where people can step or put their hands into if they economy, to keep jobs, growth, high go to the marketplace to raise capital desire to pursue a technology, which technology, and jobs growing and pros- for a good idea, and that was $50 bil- they probably would have pursued any- pering in the United States. I think his lion. We are talking about less than 2 way if they had the financial where- heart is clearly in the right place and percent in this particular program. withal to do it. But in this instance, he wants to do the right thing. If we really want to help business in there are Federal dollars available, so I just think in a nation this big, with America—which I think the Senator they say let’s use the Federal dollars an economy this size, with the dyna- from South Carolina clearly wants to instead. mism that we have in this country, you do; he wants business to stay here in I think it is much more logical to can’t control it out of Washington. America, to grow in America, and he focus this fund on those entrepreneurs That is why the President pronounced, wants business to prosper—well, then and entities which do not have that over a year ago, that the era of big let’s do some things that would actu- sort of flexibility, do not have in-house Government is over. It seems to me ally help business: cut taxation, regu- the capital wherewithal to fund what- that was an admission that things have lation and litigation and manipulation ever research they desire. That is why changed to the point that you just out of Washington. Let’s cut capital I believe we should limit access to can’t direct all things, and all wisdom gains tax rates. these dollars to the smaller companies. doesn’t come out of Washington. I was just in the Silicon Valley, one And smaller is a relative term here. We This program is one of those that we of the key areas in this country where are talking about companies up to $2.5 are talking about in that particular startup companies are flourishing with billion of gross sales. That is a pretty area. You are basically talking about a new ideas and products that are going

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8015 global rapidly. I was there and talking lieve there is some discussion about smallest of the small competitor, about the Advanced Technology Pro- holding this vote until 2:45. Singapore, recently helped fund a $51 gram. I have a letter, as I mentioned, The PRESIDING OFFICER. Is there a million research development facility signed by over 100 CEO’s of startup sufficient second? for whom? For Sony, a $2.5 billion cor- companies saying, ‘‘Do away with this It appears there is a sufficient sec- poration: corporate welfare.’’ That is what they ond. Last month Lucent Technologies received called it. These are the people who, ar- The yeas and nays were ordered. a grant for a new communications research guably, this program started for. They Mr. GREGG. Mr. President, I ask and development endeavor. said: unanimous consent that at 2 p.m. the I could go on down reading these ar- We don’t want you directing it because you Senate proceed to a vote on or in rela- ticles. I wish everybody in the National move too slow; Washington moves too slow tion to the Brownback amendment No. Government would be given a book by in trying to figure out what is taking place 980, with no amendments in order to Eamonn Fingleton entitled ‘‘Blind in the global marketplace. It can’t react fast the Brownback amendment prior to the enough; it can’t figure these out. You are Side.’’ We have all been running around going back and basically taking taxpayer vote. and talking about the bank problems dollars from the startup companies to fund The PRESIDING OFFICER. Is there in Japan and, oh, Japan has all kinds more stodgy, slower moving items, many of objection? Without objection, it is so of problems, and they really have their which end up going to the private market. If ordered. back up against the wall; they are not you want to help us, cut the capital gains Mr. HOLLINGS. Mr. President, once any competition any longer. rates; do something about the litigation; as again, we tried to go to the funda- The fact is, Mr. President, last year we try to raise capital in this marketplace, mental that a $2.5 billion company does while we had a 2.5 percent growth with do something about the regulatory regime not have the ability to develop it or to where we have 50 different entities regu- the market booming. A rebirth in lating us. Much of that is needed, but can pursue it or to commercialize it. America, we have the strongest econ- you make it more simplified? What about all Now, why doesn’t it have that abil- omy, Greenspan says he’s never seen the manipulation where you are trying to di- ity? I emphasize, of course, the way the such a thing, 2.5-percent growth, Japan rect, by the Tax Code, everything we do market and the financing of projects had 3.6 percent growth. every day. works. You have to have a quick turn- The name of the game is market Then they gave a great example around. A lot of good, fundamental re- share, market share. They are copying which I thought was wonderful. There search technology is not developed and it off right and left. And at this mo- is a little startup company in the Sil- not commercialized in the United ment, this very moment, for example, icon Valley that raised over $300 mil- States for the simple reason that the the great big automaker, United States lion in capital. That is more than the market financing infrastructure does of America, exports less cars than Mex- Advanced Technology Program. We are not allow it. ico. Mark it down. You are down there talking about $200 million in this pro- If you were chairman of the board, in that area, Mr. President. Mexico ex- gram. They raised that much. I was then we would see how long you last ports more automobiles than the speaking to a group of people about 5 unless you turn around and get your United States of America. miles away from this startup company stock up. And that is the name of the I just helped break ground for Honda that raised $300 million. I was talking game in America. And they all have to in Timmonsville, SC. Who exports to a crowd of about 100 people there. I play it. When they get a choice of anymore cars than any other entity in asked them, ‘‘Have any of you heard of thing beyond 2 or 3 years, then obvi- America? Honda; the Japanese. Not this company?’’ I gave the name of the ously the board members, everybody General Motors, not Ford, not Chrys- company. This was a group of 100 peo- wants to look like good guys and mak- ler. Honda. ple, 5 miles a way. This company has ing money and everything else for the When are we going to wake up to actually raised more money than is in stockholders. The pressure is there to what’s going on? Market share. If you the ATP Program. One person there go ahead and export it, get an arrange- read Fingleton’s book, you go to the out of the 100 had heard of it. That is ment, a split arrangement with any of Ministry of Finance. Don’t worry about a substantial amount of money, but it the other countries that would want to MITI, go to the Ministry of Finance is not large compared to the amount of try to develop it. That is our global and you get your financing, your large capital being raised and is needed. competition. If we really want to do something, corporations. Specifically, right here, in Business let’s help the overall atmosphere and Now, please, my gracious, I am for Week: not try to direct it. As I want to point the little man. I am a Democrat. Heav- out yet again, look at what we are To stay in the game, Singapore is stepping ens above. We know the large corporate up its industrial subsidies. talking about with this amendment. welfare crowd. But we have been for We are saying that if you are a Fortune In September, the Government an- the little man against hunger. I just 500 company, if you have over $2.5 bil- nounced it will pump $2.85 billion over voted to take $5 million off administra- lion in revenues, we think you can find the next 5 years into science and tech- tion in the Department of Agricultural enough capital on your own to fund nology development including research budget to get more lunchroom pro- ideas you think are good. Let’s target and development grants for multi- grams. So don’t talk about corporate it for the startup companies. That is nationals. welfare and try to identify. We are what we are supposed to be after with No small business. I am trying to get talking about global competition, this. These large companies, when they my friend from Kansas to understand which, frankly, the White House have an idea they want to pursue, have we have got the Small Business Admin- doesn’t even understand. the ability to be able to pursue it. That istration. We take care of small busi- You know why I say that. We had a is how you deal with this issue. If we ness. We favor small business. But course on Tuesday on NAFTA, North want to really help corporate America, what we are looking at, to keep the eye American Free-Trade Agreement, we have a great chance coming up to on the target, is the development and where we brought in Mexico in 1994, cut capital gains and deal with litiga- commercialization of technology. And and we were going to have a sort of up- tion reform, and we can actually do small business, if they went with good date on how it was doing, whether it something real. research that could really be proven to was a success or not. They wouldn’t So those are my responses. I know the SBA, they would get total financ- even send an administration witness to the Senator from South Carolina has ing right now. They would get it under- the senatorial committee, and that’s his heart in the right place and his con- written under the SBA technology why they called off the particular hear- cepts are clear in his mind. If we really grants. We worked that program far ing. They are embarrassed that they want to help them—and I have been more than the little $200 million in this said we would create 200,000 jobs. We there and talked with them—target particular endeavor. They have over have lost 300,000. I will show you the this and cut it away from the Fortune $800 million in grant authorization for Department of Labor statistics. We 500 companies. small business. have lost in textiles and apparel 231,000 Mr. President, I do ask for the yeas Please, my gracious, let us go with alone. So instead of increasing it in one and nays on this amendment, and I be- it. Global competition is such that the direction, we have decreased it in the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8016 CONGRESSIONAL RECORD — SENATE July 24, 1997 other direction; we have been exporting with these false promises of ‘‘I am unique research to begin with, on ac- fine, good-paying jobs in the particular going to cut taxes.’’ Oh, the Post is count of its small nature. They just industry that predominates my own running around: ‘‘Are you for cutting don’t have the labs and facilities that State. They said, well, we are going to taxes? Yes, I’m for cutting taxes.’’ You the large companies do. But we want to increase trade. We had a plus balance cannot cut your and my taxes today act as political animals up here, poll- of trade of $5 billion and we have gone without increasing our children’s taxes ster politicians and so we are for tax to a $16 billion minus balance. tomorrow. We have deficit financing. cuts, when we go up and continue to in- And they say exports, exports. Well, We will get into that debate again crease the debt. exports are up. We are sending parts when they bring the reconciliation bill We have been reducing the deficit down there to be assembled into auto- over. It is not the Chinese trying to get each year for 5 years. Now we are going mobiles and the good automobile man- into our elections. If they want to get to use the public till to run around and ufacturer is moving to Mexico. You into our elections, do as the Japanese say we are going to cut revenues while would, too. I do not blame them. I do. Pat Choate wrote the book, ‘‘The we increase, and we are going to have blame us, you and me. This is the pol- Agents of Influence,’’ 7 years ago. One to go out and borrow the money to do icy. In manufacturing, a third of your hundred Japanese law firms, consult- it, because we are in the red. We are operating costs goes into labor, to pay- ants here in Washington paid over $113 not in the black. So we will take that roll, and you can save as much as 20 million. Add up the pay of the Senators multitrillion-dollar debt and interest percent by moving to an offshore, or and Congressmen, the 535 Members of costs of $1 billion a day and increase down in Mexico, low wages and little or Congress, and boy, oh, boy, you get, that for nothing. no worker or environmental protec- about $71.3 million. The Japanese in In the last 16 years we have increased tions. Washington by way of pay are better the debt from less than $1 trillion to When I say no particular protections, represented than the people of Amer- $5.4 trillion without the cost of a single colleagues are running around on this ica. war. Mr. President, in 200 years of his- Senate floor saying you have to have a When are we going to wake up? Tell tory with the cost of all the wars we minimum wage, you have to have clean the Chinese, ‘‘For Heaven’s sake, to do have not even reached a trillion. Now air and clean water and plant closing the same thing as the Japanese. Give it we jump to $5.4 trillion and instead of and parental leave, Social Security, to a lawyer. Tell them to come around $75 billion—$74.8 billion, to be exact, we Medicare, occupational safety from and find some lawyers. are going to up to $365 billion, $1 bil- hazard, and up and down the list. But, no, we want to turn this into lion a day. That extra $285 billion, we Whoopee, yea, we are great. And then corporate welfare, show that we fought are spending it for nothing. And there we put in a policy that says you don’t against corporate welfare. Absolute are all these fellows talking about pork have to do any of that. You can go off- folly. There is no corporate welfare at and welfare and getting rid of the shore for 58 cents an hour. Did you see all in this. It is, by gosh, trying to waste, and using that rhetoric for their the program on Mexico just last night commercialize technology and we will reelection next year. on public television? not face up to the reality. We are going ‘‘I am against taxes, I am against the Come on. We are losing the jobs right out of business and now we want to say Government, get rid of the Govern- and left. We are losing our technology to those who do the general research, ment.’’ That’s the big hoopla they have right and left. Eamonn Fingleton in his the unique research, that there is no going on, on the other side of the Hill. book—and I called him just the other reason to try and get into anything They are now tasking the leadership of day because he has updated it now with marginal that is going to take over 3 the contract to get rid of the Depart- a paperback—projected by 2000 we years to develop. Sell it, move on to ment of Commerce, to get rid of the would be blind-sided. Today, Japan, a the next thing. Let us continue the Advanced Technology Program, to get country as big as the State of Cali- outflow of business, the outflow of jobs, rid of all the Government that pays for fornia, manufactures more than the the outflow of technology, and the out- itself and keeps us secure and keeps us great United States of America. It has flow of our security. And everybody superior as a nation. So now they are a greater manufacturing output. And comes around and says that’s a good going against jobs, against the security otherwise by the year 2000 it will have idea. of the land, and for corporate welfare, a greater gross domestic product, a I think, to the President’s credit, it based on this amendment. They say, larger economy, and I will bet you on ought to be emphasized that he put just on account of the $2.5 billion meas- it. And I want them to come here and this program down as a quid pro quo in ure, that ‘‘the corporation has the abil- take the bets because I believe he is the leadership agreement. Now, the ity to pursue it,’’ their exact words. right. You can just see how the market agreement has been on both sides of Yet, everyone knows that the CEO’s do share goes. You see how the GDP goes the aisle, the Democratic and Repub- not have the ability if they are going and everything else of that kind. lican agreement, the White House and to be a good corporate head. They are We are going out of business the way the congressional agreement that the going to put their moneys elsewhere of Great Britain. They told the Brits at Advanced Technology Program would because where the turnaround is, there the end of World War II, the empire be funded at this particular level and also is the competition, and they also was breaking up, they said don’t worry in the manner in which it is currently know that the other governments are about it. Instead of a nation of brawn, funded. What we are being asked for in financing not only the research but de- we will be a nation of brains; instead of this particular amendment is to violate velopment and taking over the market producing products, provide services, a that agreement. We are running right share. service economy. Instead of creating into a veto situation on a small matter We are going to holler, ‘‘let market wealth with manufacturing we are while trying to make it appear as cor- forces, let market forces’’—well, let’s going to become a financial center. porate welfare. The opponents of this look at the market that we developed And England today, Mr. President—I program don’t tell you about the Na- here in the National Government, have the distinguished President’s at- tional Academy of Engineering. You through measures such as minimum tention—England, the United Kingdom show me another grant program that wage, plant closings, clean air, clean has less of an economy than little irrel- has to be reviewed that way. water—which we all vote for, Repub- evant Ireland. Mark it down. Read the I wish we still had Senator Danforth lican and Democrat. But the companies Economist just a month ago. Yes, Ire- here because he and I worked on this say, ‘‘You don’t have any of that in land, now bigger, economically than thing over the years to develop the global competition.’’ In addition, they the United Kingdom. All they have is a bill’s credibility, but now we are going are financing it like we finance re- debating society. London is a down- to start tearing down its credibility, by search for the aircraft industry. town amusement park. changing it into a small business pro- They have learned from the United Come on. Are we going to head that gram for those small companies that States. We finance Boeing, we are way as we go out of business, continue can’t afford to really commercialize proud of them. They produce and ship to appropriate again more and more their technology. They can’t afford to planes globally. Thank God we still moneys and finance our campaigns engage in general research, or in have one industry. Now, however, we

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8017 have shipped the technology on the We are against welfare but we are the It is essential, if this program is FSX to Japan, and Boeing has had to ones with these kind of amendments going to succeed, that we allow the Ad- move the parts manufacturing into the that create welfare. vanced Technology Program to put the People’s Republic of China. We are be- I yield the floor. funds where the most good can be done ginning to lose that segment of manu- Mr. GREGG. Mr. President, we are and we not begin to structure this pro- facturing. We are losing the auto- awaiting other Members bringing gram as though it was some kind of a mobile industry. Now we are going to amendments to the floor. I appreciate jobs program or as though it is a doling lose the aerospace industry. the enthusiasm and energy of the Sen- out of funds to different corporate in- They told me years ago, ‘‘HOLLINGS, ator from South Carolina in his spir- terests. It is not that. It is an effort by what’s the matter with you? Let the ited defense of the ATP program, which the Federal Government to stimulate developing nations, the Third World, he, as he has mentioned and which will cooperative research in areas that make the textiles and the shoes and we be generally acknowledged—he is the show great promise. will make the airplanes and the com- father of. Sometimes the people doing that puters.’’ Now our competition in the I would say we are going to have a work are in large companies. Some- global competition is making the air- vote on that at 2 o’clock, and at that times there are a few individuals in a planes and the computers and the tex- time I hope Members would support the large company who are doing very im- tiles and the shoes and we are running amendment of the Senator from Kan- portant work and can benefit from col- around here jabbering about, ‘‘free sas because I believe it makes sense laborating with researchers in small trade, free trade, free trade, let market and it is a strengthening amendment forces, let market forces, let market companies or researchers in national to the ATP program. laboratories or researchers in univer- forces,’’ and don’t have any realization So, at this time I make a point of of the actual market forces that we, as sities around this country. order a quorum is not present. I think it would be a great mistake politicians, created. The PRESIDING OFFICER. The I hope this amendment will be de- for us to begin to limit the companies clerk will call the roll. feated in consonance with the overall that can participate in the Advanced The bill clerk proceeded to call the Technology Program. To do so would agreement of the leadership in the Con- roll. gress and the White House on the one begin to move us down the road toward Mr. BINGAMAN. Mr. President, I ask mediocrity in the technologies that are hand—and defeated based on common unanimous consent that the order for sense and competition on the other developed through use of these public the quorum call be rescinded. funds, and I believe that is a very hand. The PRESIDING OFFICER (Mr. I know my distinguished colleague on major mistake. HUTCHINSON). Without objection, it is the other side of the aisle, the distin- I know that there have been criti- so ordered. guished Senator from Tennessee, Sen- cisms over the past that any time the Mr. BINGAMAN. Mr. President, I ator FRIST, has been leading now, in Federal Government invests dollars in want to speak very briefly in opposi- our committee. He has been holding research and development activities tion to the amendment offered by the hearings, and has been providing lead- that private sector companies are en- Senator from Kansas, Senator BROWN- ership on addressing the issues relating gaged in, that somehow or another that BACK, as I understand it. to the Advanced Technology Program. That amendment, if it were adopted, is corporate welfare. I strongly dis- I know the others that are interested would essentially prohibit the Ad- agree with that point of view. I think in this program, including those that I vanced Technology Program, which is the taxpayers are well served if we can have listed—trying to emphasize, by invest in developing technologies that the way, that this effort is bipartisan. administered through the Department of Commerce, from allowing participa- will create jobs, will produce revenue, Senator Danforth and I worked this out will produce additional tax revenue in 10 years ago, and the program is work- tion of large companies. Let me give you my own under- the future and will keep our economy ing. It is working well. We need more the strongest in the world. money. Thousands and thousands of standing of how the Advanced Tech- nology Program works. I think it has I very much hope that the Senate qualified grants still don’t receive will reject the Brownback amendment funding. been an extremely useful program. It has helped to keep the United States at when it is finally voted on, and I hope I asked, I say, does the Senator from we will allow this Advanced Tech- Kansas have the documentation where the forefront of technology development and high-technology industry de- nology Program to continue to be the small business really applied but the great engine of innovation and tech- big companies got the award? If that velopment in the world, and, to a significant degree, our leadership in that nology development that it has been in occurred we would have it here. He said recent years. these little businesses are being denied. arena, in that area of high technology, Mr. ROCKEFELLER. Mr. President, I I know the Commerce Department, is the reason why we enjoy the strong rise to urge the Senate to reject the Secretary Daley. I know the adminis- economy we enjoy today. amendment offered by Senator BROWN- tration of this particular program and So I believe the Advanced Tech- BACK that is designed to weaken a pro- they look for the small business in nology Program is useful. It has been a gram absolutely critical to the coun- order to sustain the credibility and great help to many companies. It has support of the program because since been a great help in helping us, as a try’s technological strength. I thought its beginnings, critics have been watch- country, create jobs in the industries that the fact that this bill contains the ing the Advanced Technology Program of the future. $200 million in funds needed for the Ad- closely for the simple reason they don’t In order for that program to succeed, vanced Technology Program was a sign understand. They think, ‘‘Well, get rid though, we need to be sure that tax- that we could finally get past a debate of the Government. Find out where the payer funds are provided, and they are that is nothing but a distraction and a pork is. Find out where the welfare is. only a very small portion of the total danger to our own economy. Characterize it as welfare. Say you funds that go into these technology de- I stand here today just as I did last have these big Fortune 500 companies, velopment activities, but they are a year and the year before to defend this they have $2.5 billion so they can do catalyst. They bring together compa- program—this investment in America’s it.’’ And they don’t understand what nies. They bring together research in- economic competitiveness. As I, along they are talking about. stitutions to do this important work. with many others in this Chamber, It is a sad day when we even propose Those funds also provide a bridge be- have stated before, this program sup- an amendment of this kind, because it tween the Government-funded research ports American industry’s own efforts shows that we really don’t understand and the private-sector research, so that to develop new cutting edge, next-gen- competition, although we keep running we have national laboratories, such as eration technologies—technologies around like parrots, ‘‘Competition, the two in my State, Los Alamos and that will create the new industries and competition, competition.’’ We are the Sandia, and we have many large and jobs of the 21st century. ones with these kind of amendments small companies working together to Let me remind my colleagues that that destroy competition. make breakthroughs in technology. ATP does not, and I repeat, does not

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8018 CONGRESSIONAL RECORD — SENATE July 24, 1997 fund the development of commercial Let me close with some success sto- 1992 to develop improved processing for products. Instead, this program pro- ries that are starting to emerge. growing large silicon-carbide crystals— vides matching funds to both indi- In Michigan for example, there are a semiconductor material used for spe- vidual companies and joint ventures already two success stories, the first cialized electronic and optoelectronic for pre-product research on high risk, relating to the auto industry and the devices such as the highly desired blue potentially high payoff technologies. second relating to bone marrow trans- light-emitting diodes [LED’s]. In 1992, The Senate should give credit to Sec- plants. this market was limited because of dif- retary of Commerce Daley, and let us In September 1995, an ATP-funded ficulties in growing large, high-quality work with him through the authoriza- project, the ‘‘2 millimeter (2mm) pro- single crystals. With ATP support, tion process to improve the program. gram,’’ was completed. As a result of Cree Research was able to double the Secretary Daley just met his pledge to this grant, new manufacturing tech- wafer size, with significant improve- conduct a 60-day review of the program nologies and practices that substan- ments in the quality of the larger wa- to assess the ATP’s performance and tially improve the fit of auto body fers. Since 1992, LED sales are up by the criticisms that have been levied parts during automated assembly of over 850 percent as a result of the ATP- against it. metal parts was developed. This tech- funded technology. Sure enough, his review took into ac- nology has substantially improved the count comments provided by both crit- In Texas, a company has developed a fit of auto body parts during assembly, cost-effective, microchip-based DNA di- ics and supporters of ATP. The Depart- resulting in dimensional variation at ment of Commerce notified more than agnostic testing platform which con- or below the world benchmark of 2 mil- tains both a family of diagnostic in- 3,500 interested parties, soliciting com- limeters, the thickness of a nickel. ments about ATP. In fact, Senators struments and disposables. This suc- What does this mean for this Nation’s cessful prototype has demonstrated LIEBERMAN, DOMENICI, FRIST, and I economy? It means that U.S. auto joined together and provided 1 of the single molecule detection at a tenfold manufacturers can make cars and throughput advantage over conven- 80-plus comments the Department re- trucks with less wind noise, tighter fit- ceived. tional technologies. Numerous pat- ting doors and windshields, fewer rat- I commend Secretary Daley for the ented products will result from this tles, and higher customer satisfaction. job he did in undertaking this review. technology in a market—molecular As we all know, there is not a depart- In addition, there is a cost savings be- tools for diagnostics—which is ex- ment or program that can’t be im- tween $10 and $25 per car to the con- pected to reach $2 billion by the year proved. And as a long time and avid sumer, and maintenance cost savings is 2004. supporter of ATP, I believe that after 6 estimated between $50 and $100 per car. ATP funded projects from 5 and 6 years of operation, experience shows us In addition, this improved quality is years ago are becoming success stories some areas that indeed can be im- estimated to give the U.S. auto manu- all across the Nation. facturers a 1- to 2-percent gain in mar- proved. This review has done just that. Mr. President, ATP is working, and ket share. Equally important is that I agree with his suggestion to place the U.S. economy is benefitting; 288 this newly developed technology is ap- more emphasis on joint-ventures and awards have been given thus far, in- plicable in the sheet metal industry, consortia and more emphasis on small cluding 104 joint ventures, and 184 sin- and industries as diverse as aircraft, and medium-size single applicants. I gle applicants. Small businesses ac- metal furniture fabrication, and appli- also support his proposal to shift the count for 106 awards and are the lead in ance manufacturing. Quality improve- cost-share ratio for large single appli- 28 of the joint ventures. For the $989 ment from this technology could result cants to 60 percent, and I will further million in ATP funding committed by in an increase in total U.S. economic review his suggestions to encourage the Federal Government, industry has output of more than $3 billion annu- state participation. committed $1.03 billion in cost sharing. As ranking Democrat on the Science ally. In 1992, Aastrom Biosciences, a 15- The success stories, however, show us and Technology Subcommittee, which Mr. President, that the Federal funding has oversight of the ATP, I look for- person firm in Ann Arbor, MI, proposed a bioreactor that would take bone mar- and the cost sharing is just the seed ward to working with my colleague money for enormous contributions to Senator FRIST to review this report row cells from a patient and within 12 days produce several billion stem, our national economy and our global and to make any necessary legislative competitiveness. Necessary seed money changes during consideration of legis- white, and other blood cells—cells that can be injected into the patient to rap- that bridges the innovation gap in this lation to reauthorize the Technology country between basic research and Administration. idly boost the body’s disease-fighting ability. The technology looked prom- emerging technologies. I encourage my Secretary Daley’s review could not colleagues to continue their support of have been done at a better time. As I ising but was too risky and long-term at that point to obtain significant pri- this worthy and successful program, stated, this program has been in exist- and to reject this amendment that will ence for 6 years, and this review was vate funding. take us backwards and help our foreign conducted on those 6 years of experi- The national benefit of this program competitors while weakening our own ence. The proposals set forth in this re- was that it provided a reliable device economy. view strengthen a very strong program that would allow blood cells from a pa- that is one of the cornerstones to the tient to be grown in large quantities Mr. SMITH of New Hampshire. Mr. Nation’s long-term economic pros- would reduce health care costs, require President, I rise today in support of perity. fewer blood transfusions, and greatly Senator BROWNBACK’s amendment to Some of us in the Senate, Senator improve the treatment of patients with the Commerce, Justice, and State ap- HOLLINGS, Senator BURNS, Senator LIE- cancer, AIDS, and genetic blood dis- propriations bill for fiscal year 1998. BERMAN, and myself, to name just a eases. Aastrom submitted a proposal This amendment prohibits the award- few, have been fighting every year for identifying the economic opportunity ing of grants from the Advanced Tech- the past 4 years to keep the ATP alive. and technical promise, and in 1992 the nology Program [ATP] within the De- We welcomed the Secretary’s review ATP co-funded a research project that partment of Commerce to corporations because we knew that it would validate developed a new prototype bioreactor. with sales greater than $2.5 billion. the arguments we’ve been making for Today, after completing the ATP This amendment offered by the Sen- the past 4 years. A new element also is project and proving the technology, the ator from Kansas is a good amendment emerging in this debate that is vali- company has over 60 employees, and that should enjoy bipartisan support. dating what we have been saying. That another 30 providing contract services, After all, I hear my colleagues on both new element is the success stories that a practical prototype, and over $36 mil- sides of the aisle talking year after are finally emerging. The mere ideas lion in private investment to develop campaign year about eliminating cor- receiving grant money 4, 5, and 6 years their new blood cell bioreactor into a porate welfare. Therefore, I assume a ago are now technologies entering the commercial product. vote to limit grants to the wealthiest market place and enhancing our econ- In North Carolina, Cree Research of corporations in the Nation should be omy and our livelihood. Durham, won an ATP award in April an easy one. Let’s be clear about what

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8019 firms we are talking about. The compa- would like to thank Senator FRIST for nology Program than the pending nies that have been awarded the larg- his floor statement explaining why he amendment which would completely est grant amounts are IBM, General too has voted against the amendment. ban large companies from all participa- Motors, General Electric, Ford, and Like Senator FRIST, I think there are tion in the ATP. Large companies play Sun Microsystems, among others. Do several solid reasons as to why Senator a key role in the innovation process these sound like corporations in need BROWNBACK’s amendment should be op- through their organizational ability, of one, two or three million dollar posed. resources and market experience. To grants? To me, these profitable firms My first concern is process—this is entirely preclude their participation in sound like companies that could cer- an attempt to legislate a very complex the ATP would be a mistake. I will tainly find private sector funding. And issue now being considered by the au- vote to oppose this amendment and this belief is not without basis. In fact, thorizing committee, on an appropria- look forward to Senator FRIST’s sub- the General Accounting Office [GAO] tions bill. The Senate Commerce Com- committee review. surveyed 89 grant recipients and 34 mittee, Science and Technology Sub- Mr. President, I yield the floor and near-winners that applied for ATP committee under Senator FRIST, the suggest the absence of a quorum. funding between 1990 and 1993. Of the Subcommittee Chair, and Senator The PRESIDING OFFICER. The near-winners, half continued their re- ROCKEFELLER, ranking Democrat, are clerk will call the roll. search and development projects de- planning legislation on ATP, including The bill clerk proceeded to call the spite a lack of ATP funding. Among a careful look at this issue, later this roll. those who received grants, 42 percent session. I believe in this case that the Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order said they would have continued their Senate should vote to wait and see for the quorum call be rescinded. R&D without the ATP money. what action the authorizing committee The PRESIDING OFFICER. Without The Federal Government should not takes. objection, it is so ordered. be in the business of providing cor- I would also highlight recent changes Mrs. HUTCHISON. Mr. President, I porate subsidies. However, we should to the ATP proposed by Commerce Sec- want to speak on this bill. fund basic science projects that do not retary William Daley that may assist I thank Senator GREGG, our sub- have short-term profit-making poten- in resolving this debate. The Sec- committee chairman, and Senator HOL- tial, and would otherwise not be funded retary’s action plan for changes is very LINGS, our ranking member, for help, by the private sector. The Senator’s responsive to recommendations I and for cooperation and commitment to the amendment is a step toward reversing other Members of Congress made. Spe- most important issue facing my State, this trend toward funding applied re- cifically the evaluation criteria will be and that is bolstering the front line of search that ultimately produces hand- changed to put more emphasis on joint our Nation’s defense in the war on some profits for these companies. ventures or consortia. This will help drugs. Under his reasonable proposal, the ensure that the program funds only The U.S. Border Patrol has been most profitable firms, companies that pre-competitive research and develop- funded in this bill. It has been funded realize more than $2.5 billion in sales, ment; for if competitors in the develop- to the extent that we will be able to would not be eligible for ATP subsidies. ment phase cooperate in research and add 1,000 new Border Patrol agents dur- While I would prefer to see these cor- development, they are very unlikely to ing fiscal year 1998. This bill provides porate subsidies eliminated from our allow access to each other’s product de- adequate funding for their training and budget, I would be pleased to know velopment efforts. supervision. Moreover, it reflects the that Federal funding is not going to Secretary Daley has mandated that ongoing commitment of Congress to enormously profitable corporations. the cost-share ratio for large compa- put 5,000 new Border Patrol agents on Defenders of the ATP corporate wel- nies, applying as single applicants, will the line and to regain control of our fare program argue that these grants be increased to a minimum of 60 per- borders by the year 2002. allow research that otherwise would cent. Proposals will also be reviewed by Mr. President, I have to tell you that not go forward. How do we know, when venture capital experts to ensure that this was a hard-fought effort. The Im- many of the grant recipients did not private sector financing would not be migration Reform Act passed last year even seek private sector money before available and a government role is directed the administration to submit coming to the Federal Government? In needed. When combined with changes a budget request to Congress which in- fact, GAO found that 63 percent of the in the evaluation criteria favoring cluded funding for 1,000 new agents. Re- ATP applicants surveyed had not small and medium sized businesses, grettably, they only requested funding sought private sector funding before these changes will result in virtually for 500. I and Senator GRAMM have had applying for a grant. Other opponents all ATP grants being awarded to either many discussions with the Attorney of this amendment are the same Sen- consortium or small and medium sized General and the INS Commissioner. I ators who oppose the efforts of the Re- company single applicants. am convinced of their commitment to publicans to ease the tax burden on Finally, modifications to the ATP’s secure our borders. I think they really Americans. At the same time these rules and procedures would help facili- are sincere. But now they must back Members deny taxpayers the chance to tate cooperative ventures between in- that up with the requested resources in keep some of their own money, they dustry and universities and national future years. turn around and give the hard-earned laboratories. To date, university and Over the past several months, I have tax dollar to billion dollar corpora- Federal laboratory participation has felt and expressed a sense of hopeless- tions. been hindered over concerns regarding ness in our Nation’s war on drugs. I feel However, after hearing so many Sen- intellectual property and project man- this hopelessness because no matter ators speak out against corporate wel- agement. where I travel in Texas, I meet people fare, I am confident that this amend- After studying the Secretary’s re- who have lost loved ones to drug vio- ment will be approved by a wide mar- port, I believe that the ATP will lence. I know ranchers and farmers gin. I urge my colleagues to support emerge both as a more effective pro- along our border who have been intimi- the amendment. gram and one with a significantly re- dated by drug smugglers. They have Mr. LIEBERMAN. Mr. President, I duced political profile. Its new struc- had their homes shot at in broad day- rise to speak on the Department of ture appears to have answered criti- light. I know of Customs agents of Commerce’s Advanced Technology Pro- cisms raised and is consistent with the Mexican-American heritage who have gram or ATP. This is an important pro- bipartisan ideas endorsed by the Sen- been told by drug smugglers to look gram and I have long appreciated Sen- ate Science and Technology Caucus of the other way as cocaine, heroin, mari- ator HOLLINGS’ work in founding and which I am a member. juana, and methamphetamines are continuing it. The amendment offered I believe that the changes introduced smuggled across the border because by Senator BROWNBACK would prohibit by Secretary Daley, now under review their families back in Mexico will be ATP awards to companies with reve- by the Commerce Committee, are a harmed if they do not. nues that exceed $2.5 billion. I oppose better way to ensure the continued ef- Just this morning, a friend of mine Senator BROWNBACK’s amendment and fectiveness of the Advanced Tech- called me to tell me about his friend

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8020 CONGRESSIONAL RECORD — SENATE July 24, 1997 who lives in Carrizo Springs. He de- tions about deployment of resources In my judgment, there are two pos- scribed gangs of drug thugs and illegal from the DEA and from the Border Pa- sible alternatives available. One would immigrants who are terrorizing resi- trol because we must put the resources be a lawsuit to ask the United States dents of this small Texas community. where the threat lies. Two-thirds of the Court of Appeals for the District of Co- They are scared and they feel helpless. illegal immigration and the illegal lumbia, the appropriate panel on inde- These Texans have the misfortune to drugs flowing through Mexico and into pendent counsel, to appoint inde- live along the front lines of a business our country go through Texas, through pendent counsel, notwithstanding the that provides $10 billion to the Mexican McAllen, through Eagle Pass, and refusal of the Attorney General to economy each year—the drug market. through the Del Rio Border Patrol sec- make that application. The Office of National Drug Control tors. Two-thirds of the illegal immigra- The general rule of law is that a pub- Policy reports that approximately tion and the illegal drugs go through lic official may not be compelled to 12,800,000 Americans use illegal drugs. these corridors. Yet as we have said, perform a discretionary function, an Illegal drug use occurs among members there are only 1.7 agents per mile in area of law which I had some experi- of every ethnic and socioeconomic Texas, and we must do something ence with as district attorney of Phila- group in the United States. And 10.9 about that, and that is what this bill is delphia. However, there is a narrow percent of all children between 12 and going to address today. ambit, even when considering a discre- 17 use illegal drugs and 1 child in 4 The bill that we pass will fully fund tionary rule, where there may be an claims to have been offered illegal 1,000 new Border Patrol agents. We application for relief if there is an drugs in the last year. need this help. It is the highest pri- abuse of discretion by the public offi- Drug-related illness, death and crime ority I have. As long as drugs are com- cial. It is my legal judgment that there cost the United States approximately ing through Mexico into the United has been such an abuse of discretion by $67 billion each year, including costs States through this border, it should be the Attorney General in this situation. for lost productivity, premature death, the highest priority for everyone. Another alternative would be to leg- and incarceration. That is why I cannot say enough islate in the field, to make it abun- I strongly believe and share the view times how pleased I am that the chair- dantly plain that independent counsel that effective treatment and preven- man of the subcommittee, Senator should be appointed here, and that the tion is needed to break the cycle that GREGG; Senator HOLLINGS, the ranking circuit court would have the authority links illegal drugs to violent crime. It member of the subcommittee; as well to do so. In my opinion, there is a real- is the only way to protect our children as our chairman, Senator STEVENS, all istic likelihood of success on litigation and save their future. agreed that this was a crisis that af- at the present time. Mr. President, our southern neigh- fects all of us. It is not just the border Although the independent counsel bor, Mexico, is the source of between 20 States; it is all of the States that these statute poses certain problems which and 30 percent of the heroin, 70 percent drugs funnel into. Nothing is a greater make it to some extent uncertain, I be- of the marijuana, and 50 to 70 percent priority than stopping the flow of ille- lieve there is a legal basis for proof the cocaine shipped into the United gal drugs into our country. When 1 ceeding to have the court appoint inde- States. If the flow of drugs is going to child in every 4 has been offered illegal pendent counsel without any modifica- stop, the front line of that war will be drugs, we cannot look them in the eye tion of pending law. There is the alter- along our Nation’s border with Mexico. and say we are protecting their future native of legislating on this bill which The United States-Mexico border is if we do not stop those illegal drugs. is before the Senate, to make certain 2,000 miles long, and Texas has 1,200 So I want to work with the Attorney modifications of the independent coun- miles of that border. General and the Commissioner of INS sel law, which would remove any con- You can see how that border goes. and General McCaffrey, who is our drug ceivable doubt about the authority of You can see that, of the 2,000, 1,200 czar, who is trying to grapple with this the circuit court to appoint inde- miles is along Texas. Texas has been issue. I want to say to them, no re- pendent counsel. and will continue to be the key battle- source is going to be withheld if it will Mr. President, on the issue of the ex- ground in this war. stop the illegal drugs and the illegal hausting of remedies on requesting I am pleased that we have been able immigration into our country that has that independent counsel be appointed to work with the Border Patrol and the criminalized our borders. by Attorney General Reno, the record committee to correct disparities in This bill addresses that today, and I is replete with a whole series of replacing Border Patrol along the border. will ask the Attorney General and the quests having been made by individual As you can see from this chart, Texas Commissioner of INS to help us by de- Members of Congress and then by the has 1.7 agents for every 1 of our 1,254 ploying the full 1,000 and making sure Judiciary Committee of the U.S. Sen- miles—1.7 for this 1,254-mile border. that we stop the centers where these ate. The issue was focused on very New Mexico and Arizona do not fare people are coming through Texas. If we sharply with Attorney General Reno in much better. California has 16.3 agents can stop it right now, then our children oversight hearings which we had sev- for every one mile of the border. I can- will have a better future. eral months ago. I had an opportunity not go home and tell my constituents Thank you, Mr. President. Once to question the Attorney General on that we are doing all we can in the war again I thank the subcommittee chair- this subject and pointed to two specific on drugs if Congress and the adminis- man. I think, if we can work together instances which, in my judgment, cried tration fail to provide the funding for on a bipartisan basis, we can make a out for the appointment of independent more Border Patrol agents. difference for the future of our coun- counsel. Two of Mexico’s largest drug cartels, try. And this is a major first step. President Clinton has publicly com- the Juarez cartel and the Matamoros Thank you, Mr. President. I yield the plained about having been denied na- cartel operate from El Paso here and floor. tional security information which he Brownsville, respectively. You can see Mr. SPECTER addressed the Chair. thought he should have and has com- from this chart that from the Mata- The PRESIDING OFFICER. The Sen- plained that such information was de- moros cartel, the gulf cartel, the drugs ator from Pennsylvania. nied to him by the FBI and the Depart- go in and over to the eastern seaboard. Mr. SPECTER. Mr. President, in my ment of Justice. In questioning Attor- From the Juarez cartel, it goes into judgment, there is an urgent need that ney General Reno on this subject in the Colorado and Chicago, the Midwest. independent counsel be appointed to Judiciary oversight hearing, she de- From the Tijuana cartel, it goes into investigate and prosecute campaign fi- fended that denial of information on California, goes to the Pacific North- nance violations arising out of the 1996 the ground that there was a pending west. So you can see what is happening Federal elections. The efforts to per- criminal investigation and that as a to our country and what not closing suade Attorney General Reno to make matter of balance, it was her judgment the border can do to the amount of ille- that application for independent coun- as Attorney General that the informa- gal drugs that are coming into our sel have thus far failed. It is my view tion should not be turned over to the country. that it is important to consider alter- President. As we work on this funding for fiscal natives in order to have independent On the record in that Judiciary Com- year 1998, I will be asking many ques- counsel appointed. mittee oversight hearing, I disagreed

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8021 with her conclusion on the ground that the conclusion that the commercials that seeks to make it more difficult for the Attorney General did not have the that President Clinton prepared were large companies to be able to partici- authority to decide what the President express advocacy commercials. This is pate in the Advanced Technology Pro- should or should not see on national se- an illustration of a commercial: gram. As a matter of background, Mr. curity matters; the President as Com- Protecting families. For millions of work- President, for years in this country, we mander in Chief and Chief Executive ing families, President Clinton cut taxes. had a structure where we had the Bell Officer of the United States has an ab- The Dole-Gingrich budget tried to raise Laboratories, or IBM, and other very solute right to that information. If taxes on 8 million. The Dole-Gingrich budget large entities who were engaged in there were to be a denial to the Presi- would have slashed Medicare $270 billion and major research and technology. And for cut college scholarships. The President de- years, this country’s economy bene- dent, it was not the function of the At- fended our values, protected Medicare, and torney General or the FBI to deny that fited enormously because of the re- now a tax cut of almost $1,500 a year for the markable amount of private sector and information. However, if the Attorney first two years of college. Most community General felt that a denial of informa- college is free. Help adults go back to school. public sector research. The defense in- tion was warranted under the cir- The President’s plan protects our values. dustry and other industries had an cumstances, that was a very powerful It is hard to see how anyone could enormous amount of spinoff. If you look at something like the experience showing that independent counsel contend that that is not an express ad- of Route 128 in Massachusetts, or the ought to be appointed. If the President vocacy commercial. It certainly fits Silicon Valley, everybody understands of the United States is in any way sus- within the definition of the Federal that some of the great technology jobs pected, that provides a very strong Election Commission, which is that the basis that his appointed Attorney Gen- of the present time come from the language taken as a whole can have no 1960’s and 1970’s spinoffs through that eral ought not be conducting that in- other reasonable meaning than to urge investment. vestigation. It ought to be handled by the election and defeat of a clearly The fact is that our economic struc- independent counsel. identified Federal candidate. That ture has changed very significantly in It was pointed out to Attorney Gen- commercial refers to two Federal can- the 1990’s. We no longer have that kind eral Reno in the course of that over- didates, and one is President Clinton. of broad-based technology research sight hearing that this followed di- It extols his virtues, obviously speak- fueled by the Federal Government. We rectly her testimony on confirmation ing in favor of the President. That have a much more specific and tar- where she strongly endorsed the con- commercial refers to another can- geted kind of research that takes place. cept of independent counsel both as a didate, former Senator Dole, arguing And as a result of that, both the Fed- matter of avoiding conflict of interest about his failings. eral Government and the private sector and, as Attorney General Reno said at Mr. President, I ask unanimous con- have narrowed the kind of basic science that time, avoiding the appearance of sent that at the conclusion of my re- and research that we do, which often conflict of interest. Notwithstanding marks, my letter dated May 1, 1997, be results in those spinoffs, which has pro- that, she has refused to make an appli- printed in the Congressional RECORD. vided the remarkable foundation of the cation for the appointment of inde- The PRESIDING OFFICER. Without economic growth we are experiencing pendent counsel. objection, it is so ordered. now in our Nation. A second line of questioning which I (See exhibit 1.) It is also ironic that, at the very pursued with the Attorney General in- Mr. KERRY. Mr. President, can I ask time that we are doing that, Japan and volved the issue of violations of the the Senator from Pennsylvania what other countries are increasing their campaign finance laws. On that sub- his intentions may be with respect to technology investment. I believe, last ject, there has been substantial infor- the floor, timewise? year, Japan committed to a 50-percent mation in the public domain about the Mr. SPECTER. I expect to speak at increase in their national commitment President’s personal activities in pre- some length, Senator KERRY, and to in- to science and basic technology re- paring television commercials for the troduce an amendment to the present search. 1996 campaign. There is no doubt—and bill. There is a vote scheduled for 2 So the truth is that, a number of the Attorney General conceded this— o’clock, and I will have a considerable years ago, the Commerce Committee, there would be a violation of the Fed- amount to say, which will not all be with the leadership of Senator HOL- eral election law if, when the President said by the time the vote comes up. LINGS, Senator ROCKEFELLER, myself prepared campaign commercials, they Mr. KERRY. Well, Mr. President, if I and others, created what is known as were advocacy commercials, con- could inquire again of the Senator— the Advanced Technology Program, trasted with what is known as issue and I appreciate his indulgence here. I which is a way to joint venture in the commercials. The activity of the Presi- did want to speak with respect to the United States between our universities dent in undertaking that activity has amendment that is pending for the and our laboratories and various enti- been documented in a book by Dick vote at 2 o’clock. It is my under- ties in the private sector, in order to Morris and also in public statements standing that the amendment being maximize what was a diminishing abil- by his chief of staff, Leon Panetta. submitted by the Senator will not be ity to move science from the labora- The Attorney General, during the voted on at 2. So I ask the distin- tory to the shelf, to the marketplace. course of the hearing, disputed my con- guished Senator if he might be willing It would be most regrettable to turn tention that the commercials were, in to agree to permit some period of around now and reduce the capacity of fact, advocacy commercials. I then time—and I don’t need a lot— before 2 a large company to be able to be part wrote to the Attorney General the next o’clock so that I might speak on the of a consortium, to be able to joint day, on May 1, and set forth a series of pending amendment. venture with smaller companies in an commercials which President Clinton Mr. SPECTER. May I inquire of the effort to fill that vacuum and make up had edited, or prepared, and asked her Senator from Massachusetts, how for that scientific research. if those were, in fact, advocacy com- much time he would like to have? In point of fact, Mr. President, let me mercials. In the letter, I cited the Fed- Mr. KERRY. I would be pleased to just share a couple of success stories eral Election Commission definition of have 6 or 7 minutes. from the Advanced Technology Pro- express advocacy, which is as follows: Mr. SPECTER. Mr. President, I ask gram from 16 different States in our unanimous consent that my presen- country. The Advanced Technology Communications using phrases such as ‘‘vote for President,’’ or ‘‘reelect your Con- tation be interrupted for 7 minutes so Program put together a device that gressman,’’ ‘‘Smith for Congress,’’ or lan- that Senator KERRY may speak and would allow blood cells from a patient guage which, when taken as a whole and that I be entitled to regain the floor. to be grown in large quantities, con- with limited reference to external events, The PRESIDING OFFICER. Without sequently reducing health care costs, can have no other reasonable meaning than objection, it is so ordered. requiring fewer blood transfusions and to urge the election or defeat of a clearly The Senator from Massachusetts is improving treatment possibilities for identifiable Federal candidate. recognized. patients with cancer, AIDS, and ge- Mr. President, it is my submission Mr. KERRY. Mr. President, I want to netic blood diseases. It developed man- that reasonable people cannot differ on speak with respect to the amendment ufacturing technologies and practices

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8022 CONGRESSIONAL RECORD — SENATE July 24, 1997 that substantially improved the fit of panies in combination with small, we ‘‘Here in Colorado we’re used to politicians auto body parts during automated as- need large companies lending expertise who let you know where they stand, and I sembly of metal parts, which resulted to our universities, we need large com- thought we could count on Tim Wirth to do in United States auto manufacturers panies to be part of this combination. the same. But the last few weeks have been a real eye-opener. I just saw some ads where making cars and trucks with less wind Without this combination, those com- Tim Wirth said he’s for a strong defense and noise, tighter fitting doors and wind- panies, Mr. President, will not make a balanced budget. But according to his shields, fewer rattles, and higher cus- this commitment and America will record, Tim Wirth voted against every new tomer satisfaction, and potentially in- lose in the marketplace. I urge my col- weapon system in the last five years. And he creasing United States auto manufac- leagues to reject the Brownback voted against the balanced budget amend- turers’ gain in the world market. An- amendment. I thank the Senator from ment. other example of success was a devel- Pennsylvania again for his courtesy. ‘‘Tim Wirth has a right to run for the Sen- Mr. SPECTER. Mr. President, I was ate, but he doesn’t have a right to change opment of a new way to solder elec- the facts.’’ tronic circuit boards that uses less sol- in the process of my contention that 839 F. Supp. at 1451, 1455–56. The court held der, and is more precise, more efficient, the commercials prepared and/or edited that the ‘‘express advocacy’’ test requires and environmentally benign than cur- by President Clinton constituted ex- that an advertisement ‘‘in express terms ad- rent technologies. In addition, there press advocacy, and I asked that my vocate the election or defeat of a candidate.’’ was a development of a process to de- letter of May 1, 1997, to Attorney Gen- Id. at 1456. The Court of Appeals reversed the velop ultrafine ceramic powders that eral Reno be printed in the RECORD. District Court on other grounds, holding that ‘‘express advocacy’’ was not the appro- can be heat pressed into parts such as I now ask that the reply from Attor- ney General Reno, dated June 19, 1997, priate test, and the Supreme Court did not piston heads and turbine blades, and reach the issue. those significantly impact parts manu- be printed in the RECORD. Furthermore, a pending matter before the facturing. There being no objection, the letter Supreme Court may assist in the legal reso- Somebody might sit there and say, was ordered to be printed in the lution of some of these issues; the Solicitor well, OK, Senator, these things are all RECORD, as follows: General has recently filed a petition for cer- well and good, why didn’t these compa- OFFICE OF THE ATTORNEY GENERAL, tiorari on behalf of the FEC in the case of nies just go do it on their own? Why Washington, DC, June 19, 1997. Federal Election Commission v. Maine Right to Hon. ARLEN SPECTER, Life Committee, Inc., No. 96–1818, filed May 15, should the Federal Government be in- 1997. I have enclosed a copy of the petition volved in supporting that? The answer U.S. Senate, Washington, DC. for your information. It discusses at some to that is the reason that we ought to DEAR SENATOR SPECTER: I have received length the current state of the law with re- keep this program going: The reality is your letter of May 1, 1997, asking that I offer spect to the definition and application of the that the way money functions in the you my legal opinion as to whether the text ‘‘express advocacy’’ standard in the course of marketplace, it seems it’s the best re- of certain television commercials con- petitioning the Court to review the restric- turn on investment, fastest or safest, stitutes ‘‘express advocacy’’ within the tive definition of the standard adopted by meaning of regulations of the Federal Elec- the lower courts in that case. but it doesn’t often commit to take It appears, therefore, that the proper legal some of the higher risks, particularly tion Commission (‘‘FEC’’). For the reasons set forth below, I have referred your request status of these advertisements under the reg- given the change within the market- to the FEC for its consideration and re- ulations issued by the FEC is a question that place today. It is a known fact—you sponse. is most appropriate for initial review by the can talk to any venture capitalist, and Under the Federal Election Campaign Act, FEC. Accordingly, I have referred your letter talk to anybody out there seeking the the FEC has statutory authority to ‘‘admin- to the FEC for its consideration. Thank you capital—that it is only because of pro- ister, seek to obtain compliance with, and for your inquiry on this important matter, grams like the Advanced Technology formulate policy with respect to’’ FECA, and and do not hesitate to contract me if I can be of any further assistance. Program, where the Government is exclusive jurisdiction with respect to civil enforcement of FECA. 2 U.S.C. § 437c(b)(1); see Sincerely, willing to share not only in the risk, 2 U.S.C. § 437d(e) (FEC civil action is ‘‘exclu- JANET RENO. but in the burden of trying to find the sive civil remedy’’ for enforcing FECA). The Mr. SPECTER. Further, I ask unani- processes and the technologies, that we FEC has the power to issue rules and advi- mous consent that a letter from the can advance in helping to bring to- sory opinions interpreting the provisions of Federal Election Commission, dated gether the special combinations, where FECA. 2 U.S.C. §§ 437f, 438. The FEC may pe- nalize violations of FECA administratively June 26, 1997, be printed in the RECORD. we have been able to make things hap- There being no objection, the letter pen that simply would not happen oth- or through bringing civil actions. 2 U.S.C. § 437g. In short, ‘‘Congress has vested the was ordered to be printed in the erwise. RECORD, as follows: We have created jobs, we have ad- Commission with ‘primary and substantial responsibility for administering and enforc- FEDERAL ELECTION COMMISSION, vanced ourselves in the world marketing the Act.’ ’’ FEC v. Democratic Senatorial Washington, DC, June 26, 1997. place. We have maintained our com- Campaign Comm., 454 U.S. 27, 37 (1981), quoting Hon. ARLEN SPECTER, petitive edge as a consequence of this Buckley v. Valeo, 424 U.S. 1, 109 (1976). U.S. Senate, Hart Building, commitment. And to create this arbi- The legal opinion that you seek is one that Washington, DC. trary, sort of means-tested, very pre- is particularly within the competence of the DEAR SENATOR SPECTER: Your letter of cise process of eliminating a whole FEC, and not one which has historically been May 1, 1997 to Attorney General Reno has group of companies that have great made by the Department of Justice. Deter- been referred by the Department of Justice mining whether these advertisements con- technology, but may not be willing to to the Federal Election Commission. Your stitute ‘‘express advocacy’’ under the FEC’s letter asks for a legal opinion on whether the share it with smaller companies absent rules will require consideration not only of text of certain advertisements constitutes this joint risk, would be an enormous their content but also of the timing and cir- ‘‘issue advocacy’’ or ‘‘express advocacy.’’ loss to the American competitive edge. cumstances under which they were distrib- As the Attorney General’s June 19, 1997 let- That is the reason that it is so impor- uted. The FEC has considerably more experi- ter to you correctly notes, the Federal Elec- tant for the United States to continue ence than the Department in making such tion Commission has statutory authority to this effort. It is also a fact that while evaluations. Moreover, your request involves ‘‘administer, seek to obtain compliance large firms are able to pay for their interpretation of a rule promulgated by the with, and formulate policy with respect to’’ FEC itself. Indeed, it is the standard practice the Federal Election Campaign Act own research and development, they of the Department to defer to the FEC in in- (‘‘FECA’’). 2 U.S.C. § 437c(b)(1). The Commis- are not always going to pay for the terpreting its regulations. sion’s policymaking authority includes the longer term, higher risk, broader ap- There is particular reason to defer to the power to issue rules and advisory opinions plied technology principles that other expertise of the FEC in this matter, because interpreting the FECA and Commission reg- nations or other companies might ben- the issue is not as clear-cut as you suggest. ulations. 2 U.S.C. §§ 437f and 438. efit from without paying for it. In FEC v. Colorado Republican Federal Cam- Your May 1 letter notes that the Commis- So, Mr. President, I strongly urge paign Comm., 839 F. Supp. 1448 (D. Colo. 1993), sion has promulgated a regulatory definition colleagues not to respond to the sort of rev’d on other grounds, 59 F.3d 1015 (10th Cir. of ‘‘express advocacy’’ at 11 CFR 100.22. 1995), vacated, 116 S.Ct. 2309 (1996), the United While the Commission may issue advisory simple view of this adopting a notion States District Court held that the following opinions interpreting the application of that that a large company is automatically advertisement, run in Colorado by the state provision, the FECA places certain limita- able to take care of itself and elimi- Republican Federal Campaign Committee, tions on the scope of the Commission’s advi- nate this program. We need large com- did not constitute ‘‘express advocacy’’: sory opinion authority. Specifically, the FEC

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8023 may render an opinion only with respect to The Governmental Affairs Com- counsel with a specification that upon a specific transaction or activity which the mittee, as is well known, is currently receipt of a congressional application, requesting person plans to undertake in the investigating illegal or improper ac- the Court shall appoint independent future. See 2 U.S.C. 437f(a) and 11 CFR tivities in the 1996 Federal elections. A counsel where the Court has deter- 112.1(b). Thus, the opinion which you seek regarding the text of certain advertisements modus operandi has been worked out mined that the Attorney General’s fail- does not qualify for advisory opinion treat- there which would allow the Attorney ure to appoint an independent counsel ment, since the ads appear to be ones pre- General to come in and give the com- is an abuse of discretion. viously aired and do not appear to be committee the Attorney General’s opinion There are considerations on constitu- munications that you intend to air in the fu- as to whether immunity should be tional issues here, but I believe that ture. Moreover, ‘‘[n]o opinion of an advisory withheld or granted. other relevant issues must also be con- nature may be issued by the Commission or The law is plain that the committee sidered. Regarding the context of the any of its employees except in accordance has the jurisdiction to make that de- current factual situation and carefully with the provisions of [section 437f].’’ 2 termination, where the statute gives limiting the petitioning authority to U.S.C. § 437f(b). While the FECA’s confidentiality provision the Attorney General a period of time the Congress, and in the context where precludes the Commission from making pub- to object and additional time for the the Attorney General herself has em- lic any information relating to a pending en- purpose of putting the Department of phasized the importance of the inde- forcement matter, I note that past activity Justice’s case together. Due to the pendent counsel provision, including such as the advertisements you describe may problems created by the decisions in- the avoidance of appearance of impro- be the subject of compliance action. If you volving Admiral Poindexter and Colo- priety, it is my judgment that this law believe that the advertisements in question nel North go to a point where limited would pass constitutional muster and involve a violation of the FECA, you may would provide an important addition in file a complaint with the Commission pursu- immunity is granted, the prosecutor ant to 2 U.S.C. § 437g(a) noting who paid for must prove the case from independent the interest of justice to solve the the ads and any additional information in sources and the prosecutor can put a problem which we now confront, where your possession that would assist the Com- case together, can, so to speak, bundle the overwhelming weight of evidence— mission’s inquiry. The requirements for fil- the case before immunity is granted. and I don’t use that term lightly. It is ing a complaint are more fully described in So when the request was made for ap- evidence. It has evidentiary value— the enclosed brochure. plications for immunity for five indi- calls for the appointment of inde- I hope that this information proves helpful viduals, the Attorney General re- pendent counsel. to your inquiry. Please feel free to contact There is pending at the present time my office (219–4104) or the Office of General sponded, the Department of Justice re- Counsel (219–3690) if you need further assist- sponded that they objected to the an amendment so I cannot introduce ance. grant of immunity. That was, so to my amendment now. A subsequent Sincerely, speak, the straw which broke the cam- amendment is pending. But it is my in- JOHN WARREN MCGARRY, el’s back and the chairman of the com- tention, as I say, Mr. President, to in- Chairman. mittee, Senator THOMPSON, made a troduce this amendment. There have Mr. SPECTER. Mr. President, the es- very forceful public statement on Tues- been some preliminary indications that sence of the Attorney General’s re- day saying that he had lost confidence the introduction of this amendment sponse to me was that she would not in the Department of Justice to con- might tie up the bill, and I do not in- respond on the legal issue, notwith- duct an impartial and appropriate intend to tie up the bill. If that is the standing she is the Nation’s chief law vestigation, and that the refusal to consequence of the introduction of an enforcement officer. She passed the agree to those grants of immunity was amendment, if a filibuster were to fol- buck over to the Federal Election Com- just beyond the pale, a conclusion with low, I would not persist and subject mission. The Federal Election Commis- which I agree. this appropriations bill to a filibuster. sion passed the buck back, saying that On the basis of the equities here, I I firmly believe that it is in the public these were matters that had already believe a very, very strong case can be interest in a very serious way to have occurred, so they didn’t come within made out to have the Court, in its su- independent counsel appointed, and it advisory opinions. One way or another, pervisory authority, appoint inde- is obvious that all the entreaties to the Mr. President, we will have a deter- pendent counsel notwithstanding the Attorney General have thus far been mination as to what is involved there. absence of an application by the Attor- unsuccessful and litigation is an option which may be pursued. However, this The alternative of proceeding in court ney General. However, in consultation statutory change would make it cer- is one which we are currently exam- with my colleagues, I have decided to tain that the Court would have the au- ining, and as I have noted, there is an introduce an amendment to the pend- thority and that the petitioning par- issue as to whether that can be done on ing bill which would make certain ties would have appropriate standing the existing statute. modifications in the independent coun- to have independent counsel appointed. I do believe there is a legal basis for sel statute. These modifications would I thank the Chair and yield the floor. so proceeding, but on a novel bit of liti- create new authority for the Congress EXHIBIT 1 gation of this sort, no lawyer can be to seek judicial appointment of an U.S. SENATE, absolutely certain as to what the re- independent counsel where there is a COMMITTEE ON THE JUDICIARY, sult would be. But in the context of determination that the Attorney Gen- Washington, DC, May 1, 1997. what we have on the record with the eral’s failure to do so is an abuse of dis- Hon. JANET RENO, Attorney General’s refusal to appoint cretion. This authority would reside in Attorney General, independent counsel, in a context the Judiciary Committee, where the Department of Justice, Washington, DC. where she is denying the President of full committee or a majority of the DEAR ATTORNEY GENERAL RENO: Following the United States national security in- majority party members or a majority up on yesterday’s hearing, please respond for the record whether, in your legal judgment, formation, and her refusal to proceed of the nonmajority party members the text of the television commercials, set to appoint independent counsel where could petition the Court to appoint an forth below, constitutes ‘‘issue advocacy’’ or the Attorney General concedes that independent counsel where the full ‘‘express advocacy.’’ there has been a coordinated effort by committee or a majority of either par- The Federal Election Commission defines the President so that the only remain- ty’s committee members determines ‘‘express advocacy’’ as follows: ing issue is whether there is an advo- ‘‘Communications using phrases such as that the Attorney General’s failure to ‘vote for President,’ ‘reelect your Congress- cacy commercial, which on their face, I appoint an independent counsel is an man,’ ‘Smith for Congress,’ or language submit, these commercials are. The abuse of discretion. This carefully which, when taken as a whole and with lim- problems have been compounded with crafts a procedure so that there is a ited reference to external events, can have the conduct of the Attorney General limit of standing as to who may come no other reasonable meaning than to urge and the Justice Department in the in and ask for the appointment of inde- the election or defeat of a clearly identified course of the last several days where federal candidate.’’ 11 CFR 100.22 pendent counsel. The text of the television commercials fol- they have opposed applications for im- The amendment, which I propose to lows: munity requested for consideration by introduce, would further provide for a ‘‘American values. Do our duty to our par- the Governmental Affairs Committee. judicial determination on independent ents. President Clinton protects Medicare.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8024 CONGRESSIONAL RECORD — SENATE July 24, 1997 The Dole/Gingrich budget tried to cut Medi- stress that the approach is different The legislative clerk proceeded to care $270 billion. Protect families. President than what I would like to take and call the roll. Clinton cut taxes for millions of working therefore explain it. Mr. GREGG. Mr. President, I ask families. The Dole/Gingrich budget tried to I am chairman of the Commerce unanimous consent that the order for raise taxes on eight million of them. Oppor- tunity. President Clinton proposes tax Science, Technology and Space Sub- the quorum call be rescinded. breaks for tuition. The Dole/Gringrich budg- committee, the committee through The PRESIDING OFFICER (Mr. et tried to slash college scholarships. Only which the reauthorization and the au- ENZI). Without objection, it is so or- President Clinton’s plan meets our chal- thorization for this ATP takes place. dered. lenges, protects our values. That subcommittee right now is look- Under the previous order, the ques- ‘‘60,000 felons and fugitives tried to buy ing at all of the information in a very tion now occurs on amendment No. 980, handguns—but couldn’t—because President systematic way to see how we best can offered by the Senator from Kansas Clinton passed the Brady Bill—five-day evolve that program to provide abso- [Mr. BROWNBACK]. waits, background checks. But Dole and Gingrich voted no. One hundred thousand lutely the best return on our Nation’s The yeas and nays have been ordered. new police—because President Clinton deliv- investment. The clerk will call the roll. ered. Dole and Gingrich? Vote no, want to re- I feel strongly that the proper place The legislative clerk called the roll. peal ’em. Strengthen school anti-drug pro- to effect such changes should be in a Mr. FORD. I announce that the Sen- grams. President Clinton did it. Dole and more comprehensive approach rather ator from Massachusetts [Mr. KEN- Gingrich? No again. Their old ways don’t than a shotgun approach, and that is NEDY] is necessarily absent. work. President Clinton’s plan. The new through the committee structure, I further announce that, if present way. Meeting our challenges, protecting our through the committee that is charged and voting, the Senator from Massa- values. ‘‘America’s values. Head Start. Student with the reauthorization of NIST’s chusetts [Mr. KENNEDY] would vote loans. Toxic cleanup. Extra police. Protected ATP, and that is what we are doing. ‘‘no.’’ in the budget agreement; the president stood Just last week an excellent report The result was announced, yeas 42, firm. Dole, Gingrich’s latest plan includes was released by the Commerce Depart- nays 57, as follows: tax hikes on working families. Up to 18 mil- ment. It is a 60-day report. It put forth [Rollcall Vote No. 202 Leg.] lion children face healthcare cuts. Medicare recommendations, four reform efforts YEAS—42 slashed $167 billion. Then Dole resigns, leav- in place, suggestions, recommenda- Abraham Gorton McCain ing behind gridlock he and Gingrich created. tions—conducted by the Commerce De- The president’s plan: Politics must wait. Allard Gramm McConnell Balance the budget, reform welfare, protect partment. And I dare say I bet there Ashcroft Grassley Nickles has not been a Senator in the room Bond Gregg Roberts our values. Brownback Hatch Santorum ‘‘Head Start. Student loans. Toxic cleanup. who has read through that report re- Campbell Helms Sessions Extra police. Anti-drug programs. Dole, leased just last week. Chafee Hutchinson Shelby Gingrich wanted them cut. Now they’re safe. I think the report is a good first step. Coats Inhofe Smith (NH) Protected in the ’96 budget—because the We need to go much further than that, Collins Kempthorne Smith (OR) Craig Kohl Snowe President stood firm. Dole, Gingrich? Dead- but I would rather do that on an au- lock. Gridlock. Shutdowns. The president’s Domenici Kyl Thomas thorizing bill rather than having it Enzi Lott Thompson plan? Finish the job, balance the budget. Re- tagged on an appropriations bill in Faircloth Lugar Thurmond form welfare. Cut taxes. Protect Medicare. Feingold Mack Wyden President Clinton says get it done. Meet our more of a shotgun fashion. challenges. Protect our values. Our subcommittee is right now work- NAYS—57 ‘‘The president says give every child a ing on a reauthorization bill that ad- Akaka Dorgan Leahy chance for college with a tax cut that gives dresses the longstanding concerns Baucus Durbin Levin $1,500 a year for two years, making most which people have with the Advanced Bennett Feinstein Lieberman Biden Ford Mikulski community colleges free, all colleges more Technology Program so that it can be affordable . . . And for adults, a chance to Bingaman Frist Moseley-Braun become a really more effective vehicle Boxer Glenn Moynihan learn, find a better job. The president’s tui- for stimulating innovation in this Breaux Graham Murkowski tion tax cut plan. Bryan Grams Murray ‘‘Protecting families. For millions of work- country, and that is what we want to Bumpers Hagel Reed ing families, President Clinton cut taxes. do, stimulate innovation. Burns Harkin Reid The Dole-Gingrich budget tried to raise I welcome the input to our sub- Byrd Hollings Robb taxes on eight million. The Dole-Gingrich committee of all interested parties, in- Cleland Hutchison Rockefeller budget would have slashed Medicare $270 bil- Cochran Inouye Roth cluding my colleagues from the Com- Conrad Jeffords Sarbanes lion. Cut college scholarships. The president merce Committee and the Senator Coverdell Johnson Specter defended our values. Protected Medicare. from Kansas, who is also on the Com- D’Amato Kerrey Stevens And now, a tax cut of $1,500 a year for the Daschle Kerry Torricelli first two years of college. Most community merce Committee, in order to craft this DeWine Landrieu Warner colleges free. Help adults go back to school. more comprehensive legislation. There- Dodd Lautenberg Wellstone fore, I rise to express my opposition to The president’s plan protects our values.’’ NOT VOTING—1 Sincerely, this particular amendment offered by Kennedy ARLEN SPECTER. the Senator from Kansas and hope that Mr. FRIST addressed the Chair. we will begin the opportunity through The amendment (No. 980) was re- The PRESIDING OFFICER. The Sen- the appropriate authorizing subjected. ator from Tennessee. committee to effect real change, more Mr. HOLLINGS. I move to reconsider Mr. FRIST. Mr. President, I rise to comprehensive change where we can the vote. speak on the underlying amendment consider all of the available data in Mr. KERRY. I move to lay that mo- briefly, the amendment offered by the order to accomplish the necessary tion on the table. Senator from Kansas with regard to his change in the NIST’s Advanced Tech- The motion to lay on the table was efforts to really hone NIST’s Advanced nology Program through this reauthor- agreed to. Technology Program to serve the pub- ization process. I hope my colleagues Several Senators addressed the lic, the amendment to the Commerce, will join me in opposition to this Chair. Justice, State, and Judiciary appro- amendment, recognizing that we will The PRESIDING OFFICER. The priations bill. be addressing all of these issues Chair recognizes the Senator from Indi- I do wish to thank my colleague, the through the appropriate reauthorizing ana. Senator from Kansas, for his efforts to committee, that of science, technology Several Senators addressed the accomplish what we all want to do, and and space. Chair. that is to have NIST’s ATP serve in the I yield the floor. The PRESIDING OFFICER. The best way possible the public, using tax- Mr. GREGG. Mr. President, I make a Chair recognizes the Senator from Indi- payer dollars. And I, too, am very opti- point of order that a quorum is not ana. mistic and feel very confident that this present. Mr. LUGAR. I thank the Chair. can be done, yet I want to rise and The PRESIDING OFFICER. The Several Senators addressed the speak against the amendment and clerk will call the roll. Chair.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8025 The PRESIDING OFFICER. The Sen- The Senator from Indiana. was founded in 1984. But a closer look at ate will please come to order. Mr. LUGAR. Mr. President, the what the NED has been up to produces some Mr. LUGAR. I ask unanimous con- amendment that I introduce comes to surprises. sent that the pending amendment be the floor because no funding for the Its rather unusual design seems to have encouraged considerably more initiative in its laid aside. National Endowment for Democracy is mission of spreading democracy around the The PRESIDING OFFICER. Without in this bill. It has been zeroed out. The world than would be expected of the usual objection, it is so ordered. bill as written proposes to eliminate federal agency. Maybe that’s because it is AMENDMENT NO. 981 the National Endowment for Democ- not a federal agency, but a free standing (Purpose: To make appropriations for grants racy, a program that has been enthu- foundation with its own board of directors to the National Endowment for Democracy) siastically supported by every adminis- supported by both federal and private Mr. LUGAR. Mr. President, I send an tration, Republican and Democratic, money. It channels its grants through four amendment to the desk and ask for its since President Ronald Reagan’s first institutes, two of which are operated by the two major U.S. political parties. immediate consideration. term, and by every Congress, Repub- One achievement of this Ronald Reagan The PRESIDING OFFICER. The lican and Democratic, since 1983, when brainchild was to help Poland’s Solidarity clerk will report. it was first launched. break the grip of the Soviet Union in the The legislative clerk read as follows: The amendment we are proposing Cold War days. But it is doing some reward- The Senator from Indiana [Mr. LUGAR], for would continue funding for the Na- ing work today as well. himself, Mr. MCCONNELL, Mr. LEAHY, Mr. tional Endowment for Democracy at Its Republican branch, the International GRAHAM, Mr. LIEBERMAN, Mr. ROTH, Mr. this year’s level, namely $30 million. It Republican Institute, help set up free elec- DODD, and Mr. MACK proposes an amendment does not seek an increase in funding. tions in Mongolia last year, turning that numbered 981. once-Communist country into a democratic, But it proposes that the funding con- Mr. LUGAR. Mr. President, I ask free market paragon. IRI also is helping vil- tinue. lages in China learn how to conduct free and unanimous consent that further read- The amendment would shift $30 mil- ing of the amendment be dispensed fair elections of local governing committees lion from the State Department Cap- something they are entitled to do under Chi- with. ital Investment Fund in the bill to the nese law. The Democrats, through their Na- The PRESIDING OFFICER. Without National Endowment for Democracy. tional Democratic Institute for Inter- objection, it is so ordered. I point out, Mr. President, that even national Affairs, are doing similar work. The amendment is as follows: with the $30 million shifted from the American politicians are helping teach prac- On page 113, line 7, after the word ‘‘ex- State Department Capital Investment tical politics at the very foundations of depended.’’ insert the following new heading mocracy, and doing it on a shoestring. and section: Fund, that fund will still exceed by $11 Is this of value to the U.S.? You only have million the administration’s request. NATIONAL ENDOWMENT FOR DEMOCRACY to ask yourself whether the world is safer The capital investment fund is an im- For grants made by the United States In- with a democratic or an authoritarian China formation Agency to the National Endow- portant initiative. Many of us have to answer that question. The fact that pri- ment for Democracy as authorized by the written to Secretary Albright and the vate corporations are willing to fund special National Endowment Democracy Act, President about the importance of NED projects in non-sensitive situations of- $30,000,000 to remain available until ex- strengthening the State Department’s fers evidence that enlightened businesses pended. technological and communications ca- value the stability that democracy and a rule of law bring to the countries where they On page 100, line 24 strike ‘‘$105,000,000’’ pability. They are significant and im- and insert ‘‘$75,000,000’’. seek to operate. Bulgaria is one such place portant deficiencies in the State De- where new democrats are being offered such Mr. LUGAR. Mr. President, I ask partment. And this bill will go a long aid. unanimous consent that no second-de- way to correct them. Since news of the defunding became gree amendment to my amendment be But, Mr. President, the administra- known, the NED has had an outpouring of in order. tion requested a total of $64 million for support from people around the world who Mr. BUMPERS. Objection. these purposes. The bill before us in- have direct knowledge of its contributions. Mr. KERRY. Reserving the right to Hong Kong democratic leader Martin Lee, cludes a funding level of $105 million, who faces tough battles ahead in coping with object. some $41 million over the President’s The PRESIDING OFFICER. The Sen- Hong Kong’s new Beijing landlords, penned a request. Therefore, Mr. President, I am letter to Senator Connie Mack begging him ator from Massachusetts. pleased to announce the administra- Mr. KERRY. Mr. President, I under- to help save the NED, Senator Bob Graham tion favors our amendment, it favors has heard from Sergio Aguayo of the Civic stand while I was reserving the right to support of the amendment because it Alliance, which has had a strong hand in pro- object somebody else actually lodged provides for the National Endowment moting the multiparty democracy now tak- an objection. for Democracy and all that had been ing root in Mexico. Jack Kemp, Jeane Kirk- Mr. BUMPERS. Mr. President, I ob- patrick and William Bennett, along with requested, and more, for the Capital In- ject to the request. such varied Senate personalities as Richard The PRESIDING OFFICER. Objec- vestment Fund of the State Depart- Lugar, Chris Dodd, John Kyl and Ted Ken- tion is heard. ment. nedy have weighed in one behalf of NED. Mr. LUGAR addressed the Chair. Let me point out, Mr. President, an The NED recently sent out an invitation to The PRESIDING OFFICER. The Sen- important editorial that appeared in kindred groups in Germany, Britain, Canada, ator from Indiana has the floor. the Wall Street Journal this morning Sweden and the Netherlands to a meeting in Mr. KERRY. Mr. President, point of that very succinctly sums up the case Taiwan in October it will co-sponsor with Taiwan’s Institute for National Policy Re- personal privilege, I would simply like that we make. The Wall Street Journal editorial search. The purpose of this gathering in one to indulge the attention of the Chair. I of the world’s newest democracies is to fos- do this in the most gentle, appropriate states—and I quote: ter NED-type groups in still more countries. way as possible. A United States Senate accustomed to What a shame it would if the U.S. Senate I have the utmost respect for the forking up multibillions will debate the gov- collapsed with an attack of parochialism on Senator from Indiana. The rules of the ernment’s equivalent of the widow’s mite the eve of such a bold endeavor. today, a $30 million appropriation to fund Senate are, Senators are recognized as the National Endowment for Democracy. An That is the end of the Wall Street a right of first voice heard by the appropriations subcommittee chaired by Journal editorial. Chair. Three voices were raised on this New Hampshire Republican Judd Gregg de- Mr. President, I simply make the side of the aisle. And while I have enor- cided not long ago in a fit of austerity to point that the NED is not a cold war mous respect and affection for the Sen- defund the NED, on grounds that it was a relic. The President of the United ator from Indiana, I do not think his relic of the Cold War. The same sub- States, currently, President Bill Clin- voice had even been expressed, but he committee awarded the State Department ton, just as Ronald Reagan at the in- was recognized. $100 million, $40 million more than it reception of this, sees the value of this quested, just to buy computers. I think the Chair should proceed, if I We don’t think for minute that a title with type of activity. may say, by the rules of the Senate. the word ‘‘democracy’’ in it imparts virtue President Clinton has said if we are The PRESIDING OFFICER. His voice to a federal enterprise in and of itself, and going to make a difference in Chinese was expressed. I happened to be looking we confess to having had some skepticism of democracy, the National Endowment in his direction and recognized him. our own about the NED some years after it for Democracy and its International

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8026 CONGRESSIONAL RECORD — SENATE July 24, 1997 Republican Institute is on the spur of people involved in Empower America. The PRESIDING OFFICER. The Sen- what needs to happen by promoting the They are important voices, living, ac- ator from Kentucky is recognized. organization of elections in local vil- tive voices, not relics of the cold war. AMENDMENT NO. 982 TO AMENDMENT NO. 981 lages. And this we are doing. These They understand the dynamics of what (Purpose: To make appropriations for grants things do not happen by chance. we ought to be doing in American poli- to the National Endowment for Democracy) The President has commended the tics. Mr. MCCONNELL. Mr. President, I idea that the National Endowment for They are joined, as I have suggested send a second-degree amendment to the Democracy has been involved in Mon- earlier, by Sandy Berger, currently the desk and ask for its immediate consid- golia, has commended the work that is National Security Adviser, and by all eration. occurring in situations where not only the National Security Advisers since The PRESIDING OFFICER. The free and fair elections have occurred, the NED was created. clerk will report. but in its unique way the National En- Mr. President, I want to cite specifi- The legislative clerk read as follows: dowment for Democracy, by placing cally a letter from Martin Lee, chair- The Senator from Kentucky [Mr. MCCON- labor leaders in nations that have man of the Democratic Party in Hong NELL], for himself, Mr. LUGAR, Mr. LEAHY, gained democracy, helps build labor Kong. Not long ago, many in this Sen- Mr. GRAHAM, Mr. LIEBERMAN, Mr. ROTH, Mr. unions. ate honored Martin Lee. Prior to the DODD, and Mr. MACK, proposes an amendment numbered 982 to amendment No. 981. The Chamber of Commerce, by plac- turnover in Hong Kong, most of us ing businesspeople under the National were worried about Martin Lee and de- The amendment is as follows: mocracy. On page 113, line 7, after the word ‘‘ex- Endowment for Democracy’s auspices, pended.’’ insert the following new heading helps market economics get started. I simply cite Martin’s letter in which he says: and section: Are these important to the United NATIONAL ENDOWMENT FOR DEMOCRACY States? You bet they are. My main purpose in writing now is to express my concern about proposals I under- For grants made by the United States In- The fact is, a free and fair election stand are before the Senate to consider formation Agency to the National Endow- can occur, and the cold war may be eliminating funding for the National Endow- ment for Democracy as authorized by the over, but our Nation needs to relate to ment for Democracy. I know you have al- National Endowment Democracy Act, other nations that have ongoing sensi- ways been a strong supporter of NED and the $30,000,000 to remain available until ex- tivity toward labor-management rela- important work it does around the world, pended. This shall become effective one day tionships, market economics, price but I wanted to write to express my convic- after enactment of this Act. finding in the markets, freedom of tion the National Endowment for Democracy On page 100, line 24 strike ‘‘$105,000,000’’ is indeed indispensable in a world where de- and insert ‘‘$75,000,000’’. speech, and political dialog that our mocracy and freedom are not entrenched and Mr. MCCONNELL. Mr. President, I political parties have fostered. where—to cite the example of Hong Kong— The suggestion, Mr. President, is this ask for the yeas and nays on the sec- all democratic institutions can be wiped out ond-degree amendment. could be done by private enterprise all by fiat. The PRESIDING OFFICER. Is there a by itself. But that would have no par- In Hong Kong and elsewhere in Asia— Martin Lee says sufficient second? ticular legitimacy. The backing by the There is a sufficient second. Congress, by the administration, by and around the world, the struggle to pre- The yeas and nays were ordered. every living Secretary of State, every serve democracy, political freedom and the Mr. McCONNELL. Mr. President, rule of law is far from being won. living National Security Adviser, every independence is the first step toward Let me just simply say, Mr. Presi- living President, of this idea ought to democracy—hardly the last. As our dent, this is serious business. What is at least weigh in with this body. own nation’s history records, 87 years being proposed here in our amendment There may be Members second-guess- after our revolution, President Lincoln is that $30 million for computers and ing all of these people and saying they stood at Gettysburg to remind a deeply technological equipment the State De- are simply out of it. But I would advise wounded nation—— Members, they are very much with it. partment did not seek be restored to the National Endowment for Democ- It is for us, the living to be dedicated . . . They understand the dynamics of what to the unfinished work which they who has to happen in the world and why it racy that they did ask for. The request fought here have thus far so nobly advanced is important for these four groups in of the President is for this money, . . . the great task remaining before us—that the National Endowment for Democ- leaving fully all of the requests that this nation, under God shall have a new birth racy to band together throughout sev- the administration made for the equip- both of freedom—and that government of the eral administrations and with a con- ment. people, by the people and for the people shall tinuity of effort to make a substantial Mr. President, what we have before not perish from the earth. difference in the world. us we need to see very clearly. There We all, at one point or another in our Mr. President, I cited a few moments are Members of the body who simply school careers, memorized that famous ago letters that have been written. I want to kill the National Endowment address. Eighty seven years after our want to mention specifically one from for Democracy. Now, I resist that idea, Nation’s birth—when we had a strong, the Laogai Research Foundation, and a and for good reason. The experience of well established representative govern- name that all will recognize in this most of us in this Chamber, I hope, ment—Lincoln spoke of our unfinished body, Harry Wu, its executive director. would be to say that we have to be ac- work—because we saw our democracy, He simply says: tive on the front lines, and we have to our Government and Nation divided Tomorrow (Thursday), in a letter he wrote be active as Republicans, Democrats, and devastated by civil war—a war to me yesterday, in a vote on the Senate labor union members, and business peo- which serves as a caution that even floor, you will be presented with a choice to ple in our own expertise and synergy healthy, strong democracies suffer at- either support the N.E.D. or [to] kill it. I un- and continuity; we have to be active tack and setbacks. derstand that particular . . . programs may, not simply in setting up those activi- One hundred years after President from time to time, draw the ire of law- ties our diplomacy can do—free and Lincoln reminded us of our unfinished makers. [But] may we suggest that when fair elections—but the centers of sup- work, President Reagan stood before this is the case, leaders such as yourself port of commerce, of labor, of freedom the British Parliament in 1982 and pre- [must] suggest . . . what internal changes need to be made. of speech and press and contract law dicted the certain end of communism. In other words, don’t throw out the baby and the details that, alone, make con- But, in forecasting communism’s im- with the bathwater. tinuity possible and second and third minent demise, President Reagan If the United States intends to maintain elections in countries transitioning to called upon his country, our allies and its leading role in world affairs, continued democracy possible. Mr. President, I do our American political parties to ‘‘con- Congressional support of the National En- hope that Members will support this tribute as a nation to the global cam- dowment for Democracy is imperative. amendment. I think it is very impor- paign for democracy gathering force.’’ I have cited a letter that was written tant for the foreign policy and security This remarkable speech set in motion by Jeane Kirkpatrick, Jack Kemp, Wil- of this country. I thank the Chair. the people and events which estab- liam Bennett, Lamar Alexander, Steve Several Senators addressed the lished the National Endowment for De- Forbes, Vin Weber, a whole galaxy of Chair. mocracy.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8027 President Reagan’s message was as pendent reporting of events and to pro- NED nourishes the ambitions of all simple and pure as it was powerful and vide counterbalance to SLORC’s daily those who want to participate and enduring—the mission he defined was campaign to smear and slander Aung shape their own great experiment in to create a world illuminated by indi- San Suu Kyi. democracy—Muslim women in the Mid- vidual liberty, representative govern- Let me point out that it’s a crime in dle East, journalists under fire in Cam- ment and the rule of law under God. Burma to have a copy of this news- bodia, trade unions in Belarus, polit- Eighty-seven years after our revolu- paper, yet in spite of threats of impris- ical scientists in Azerbaijan, legal de- tion, we needed to recommit ourselves onment and death, an extraordinary fense funds in Latin America—all ben- to that purpose at Gettysburg. Presi- network of students and citizens take efit from NED’s small grants—all con- dent Reagan renewed the call and, now, this risk to assure monthly delivery tribute to building the foundation we must rededicate and redouble our and circulation of the New Era. which sustains a healthy democracy. efforts to secure democracy around the The NED also supports the Demo- globe. cratic Voice of Burma which produces The National Endowment for Democ- With the end of the cold war, this and transmits a daily morning and racy and its core grantees work citizen mission and our responsibilities have evening broadcast of news, features and by citizen and community by commu- only just begun. It is not ending, it is ethnic language programming as well nity to transform individual aspira- the beginning. as broadcasting recordings of Aung San tions of self-determination into the The National Endowment for Democ- Suu Kyi’s speeches, the texts of U.N. governing nations which Ronald racy—and especially its four core insti- decisions and other information of in- Reagan defined so well—nations which tutes—offer the best, most effective, tense interest to Burma’s citizens. preserve and protect individual liberty, and strongest tools we have available Beyond sustaining the independent representative government and the to consolidate the gains we have made media, NED supports efforts to rule of law under God. in dismantling the structure of Com- strengthen cooperation among the NED deserves our support. It does a munist and totalitarian governments. more than 15 ethnic groups which work good job and it does it in service to our We need to remember that tearing in peaceful opposition to the military national interests. Each democracy down the weak practices and govern- junta. This support has enabled the Na- which grows is one more trading partment architecture of communism is tional Coalition Government of the ner, one less crisis which may require not the same thing as creating or sus- Union of Burma under the direction of our political or military intervention. taining strong, viable democratic prin- elected Prime Minister Dr. Sein Win to ciples, laws and institutions. continue to represent to the outside We abandon this extraordinary cam- Communism has indeed been cast on world the views and aspirations of the paign for democracy gathering force at the ash heap of history. The question legitimately elected parliamentarians our own peril. remains what will take its place. of Burma. Ms. MIKULSKI. Mr. President, I am Virtually every nation which suffered Although they are victims of one of proud to strongly support and cospon- behind the Iron Curtain has enjoyed the world’s most repressive regimes, sor the McConnell amendment to re- some form of free and fair elections— Dr. Sein Win works with his colleagues store modest funding for the National but the first election is not as impor- inside and outside Burma, calling for Endowment for Democracy. I commend tant as the second then third when peaceful dialog to restore democracy to the distinguished chairman of the For- there is a real test of democratic prin- his beleaguered nation. eign Operations Subcommittee for his ciple and practice—when those who Burma is just one example of the En- continued leadership on this important have enjoyed elected office must relin- dowment’s exceptional service to the matter. quish power if the principle of self de- cause of democracy. termination is to survive. In other I have also observed the crucial role The National Endowment for Democ- words, only after an orderly transition they have played in the New Inde- racy is a proven, cost-effective invest- of power from election to election oc- pendent States of the former Soviet ment in democracy. It represents our curs can democracy truly take root. Union. national interests and our values. The key to self-determination—the Each of these countries illustrate my As a member of the Commerce, core of democracy—is the active en- earlier point that while trappings of State, Justice Subcommittee, I am dis- gagement of citizens in their govern- communism have been dismantled, it is appointed that no funds were provided ment. NED and its institutes, in turn far too early to judge the transition to for a program that so effectively are the key to building and encour- democracy a complete success. strengthens democracy around the Communities across the region des- aging this deep, informed involvement. world. Today we seek to restore fund- perately need precisely the kind of These organizations carry out this ing to continue this important tool of training and support available through important work in a number of ways. American foreign policy. In Burma, NED funding is keeping NED. One of the most compelling rea- the faint but fervent hopes for freedom sons why NED is so vital is illustrated The cold war may be over—but dicta- and democracy alive. Let me explain by the work done through their core torships and military juntas still exist. why their work is so vital. grantee in Russia. Democracy is still fragile in too many Burma and North Korea have a lot in Although we are all concerned about countries. Rigged elections still occur, common with the Stalinist era in the the reactionary elements which con- and freedom of speech is not a uni- Soviet Union. A ruthless 400,000 man tinue to dominate the Russian Par- versal right. The National Endowment military force, led by the State Law liament, there is some reason to be for Democracy provides the tools of de- and Order Restoration Council— hopeful. During the last election, in mocracy. It encourages a free press, SLORC—have systematically destroyed every community and town where the unions, and multiparty elections. It the education system and detained, International Republican Institute ran supports women’s participation in the tortured, and executed anyone oppos- training programs and supported ef- electoral process. It assists grassroots ing their brutal rule. forts to strengthen local political par- organizations that support democracy NED is a lifeline for the courageous ties, reformers were elected to office— and human rights. opponents who resist SLORC inside reformers who shared our interests in Burma and the large, exiled commu- The National Endowment for Democ- free market economies and individual racy has a remarkable track record. It nity who struggle every day to restore liberties. the results of the 1990 elections and Obviously, reformers do not control a was one of the early supporters of the their leader Aung San Suu Kyi to of- majority yet, but IRI’s impressive Solidarity movement in Poland. It fice. record suggests we should be substan- helped to draft South Africa’s constitu- With less than $200,000 NED has kept tially expanding our support for endow- tion. alive the only uncensored, independent ment activities to secure the kinds of But NED does not rest on it laurels. newspaper circulated inside Burma. governments and societies which share Today, in Albania, Burma, and Cuba— The New Era, a monthly newspaper, is our interests. NED is supporting democracy. It pro- vital to the effort to raise awareness of The cold war may be over, but repres- vides assistance to the only inde- SLORC’s violations of human rights sion and authoritarian impulses are pendent newspaper in Bosnia. It is and civil liberties, to assure inde- alive and well. helping

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8028 CONGRESSIONAL RECORD — SENATE July 24, 1997 to empower women in Turkey. It is suggest, painful and destructive his- dissidents who are fighting for demo- helping Asian organizations to fight tory of being involved in our hemi- cratic change in Cuba, Burma, Nigeria, against the use of child labor. sphere only when we faced an imme- Belarus, Serbia, and Sudan. NED is Mr. President, the cold war is over— diate security, political, or economic working to strengthen democratic in- but American leadership is still impor- crisis. Once the crisis passed, our inter- stitutions in Russia, Ukraine, and tant. We are still the strongest voice ests waned and then evaporated. South Africa. This is vitally important for democracy. I urge my colleagues to Mr. President, in large part because work. And there are many informed ob- join me is supporting the National En- of some of the things that the United servers who see it the same way. dowment for Democracy—one of our States led in the last 50 years, we now Former Secretaries of State Baker, most important tools in supporting de- have a period of democratic govern- Eagleburger, Haig, Kissinger, Shultz, mocracy around the world. ment within our hemisphere that we and Vance are on record in support of Mr. GRAHAM addressed the Chair. have never known since Christopher NED. According to them: The PRESIDING OFFICER. The Sen- Columbus discovered the new world. During this period of international change ator from Florida. Those democracies, from Guatemala to and uncertainty, the work of the NED con- Mr. GRAHAM. Mr. President, I rise Argentina, are new. They are enthusi- tinues to be an important bipartisan but today to speak in favor of the pending non-government contributor to democratic astic. But they lack the kinds of deep reform and freedom. We consider the non- amendment, which will restore $30 mil- roots that will assure their longevity. lion of funding for the National Endow- governmental character of the NED even It is exactly nations such as that and more relevant today than it was at NED’s ment for Democracy. building those roots that will sustain founding * * * Mr. President, unless we reverse the democracy that the National Endow- Former National Security Advisors decision that has been made by the Ap- ment for Democracy has exhibited, and Allen, Carlucci, Brzezinski, and Scow- propriations Committee, the Senate croft also are on record in support. will be on record as eliminating this it is in exactly those circumstances They have stated that: unique, flexible, low-cost, public-pri- within Latin America and the Carib- bean that the endowment has played The endowment, a small bipartisan institu- vate partnership, an important foreign tion with its roots in America’s’s private policy instrument, an instrument that such an important role, and I submit will play an even more important role sector, operates in situations where direct has proven important today in fur- government involvement is not appropriate. thering U.S. interests, as important in the future. It is an exceptionally effective instrument Another prime example is China. today as it was in 1983 when established in today’s climate for reaching dedicated with the active support and leadership Those who understand and care about groups seeking to counter extreme nation- of President Ronald Reagan. the need for long-term democratic alist and autocratic forces that are respon- change in China strongly support the sible for so much conflict and instability. Mr. President, the Senate has de- Eliminating this program would be par- bated the future of the National En- National Endowment for Democracy. That is because the National Endow- ticularly unsettling to our friends around dowment for Democracy virtually the world, and could be interpreted as sign of every year in recent years. Every year, ment for Democracy is working with America’s disengagement from the vital pol- proponents of continuing the Endow- human rights activists to bring to life icy of supporting democracy. The endowment have prevailed, but the fight has abuses by the current regime. The en- ment remains a critical and cost-effective in- taken a toll. NED’s budget has been dowment is also creatively exploring vestment in a more secure America. whittled down by almost 15 percent openings at the local level to help offi- Mr. President, I ask unanimous to over the last 3 years, and its authoriza- cials establish independent elections. have printed in the RECORD an ex- tion is now flat for the next 2 years. NED is on the ground working in change of correspondence I recently Any further cuts will severely hamper China every day in ways that very di- had with National Security Advisor NED’s ability to carry out its impor- rectly further United States national Sandy Berger. He responded in a July tant programs. That is why so many of interests. No other agency of this Gov- 21 letter reaffirming strong administra- us are here today concerned that its ernment is equipped to carry out the tion support the NED and ‘‘our opposi- current budget be sustained at the re- kind of innovative grassroots work as tion to any effort reduce or eliminate quested level of $30 million. is the National Endowment for Democ- NED funding.’’ Mr. President, although we once racy. There being no objection, the mate- again are debating NED’s future, this If we are to successfully engage rial was ordered to be printed in the recurring debate has been, and con- China over the long term, if we are RECORD, as follows: tinues to be, more about our future and positively to influence United States- THE WHITE HOUSE, our view of the world than it does this China relations, if we are to reverse Washington, July 21, 1997. one Federal initiative for democracy. our past history and demonstrate a Hon. BOB GRAHAM, U.S. Senate, It is also about how the American peo- sustained commitment to democratic institutions within our nearest neigh- Washington, DC. ple view America’s role in the world. In DEAR BOB: Thank you for your letter of examining that world view, several bors in the Western Hemisphere, the July 16 regarding funding for the National fundamental questions must be an- National Endowment for Democracy Endowment for Democracy (NED). swered. must necessarily be an essential ingre- I welcome the opportunity to reaffirm First and foremost is the question of dient in that United States policy. strong Administration support for the NED Indeed, the long-term impact we are and our opposition to any effort to reduce or whether it is in the interest of the eliminate NED funding. As you correctly United States of America to remain ac- confident NED to have in China is on display today in Mexico, where the En- note, the President is a dedicated supporter tively engaged in world affairs. of the NED, as it has been in the forefront of Second, is it in our interest to cre- dowment’s support of the Civic Alli- U.S. efforts to promote democracy, civil so- atively promote peaceful democratic ance, a coalition of non-governmental ciety and the rule of law around the world. change? To put it another way, is it in organizations in that country, paved Moreover, it has done so at very little cost our interest to stay one step ahead of the way for electoral reform that re- to the American public, leveraging modest tomorrow’s costly conflicts by pro- sulted in the freest elections in Mexi- resources with great effectiveness. co’s history. The result has been a I should also note that the NED, estab- moting peaceful democratic change lished by President Reagan and strongly sup- today? deepening of democracy, and a sense ported by each of his successors, has served Finally, does the National Endow- among the Mexican people that casting as a model for democracy-promotion efforts ment for Democracy make a positive ballots can produce positive change in by our democratic friends and allies. contribution to advancing these inter- their lives. The result is a government For all of these reasons, we enthusiasti- ests? which is far more stable and responsive cally endorse your efforts to restore funding Mr. President, I submit that the an- to the people’s needs. The Mexican peo- for the NED, and we are prepared to work closely with you to ensure that objective. swer to each of these questions is yes. ple benefit, and so do we. Best regards. I would briefly wish to cite two exam- Mr. President, China and Mexico are Sincerely, ples. only two examples of NED’s work. In- SAMUEL R. BERGER, First, in our own hemisphere, the deed, the Endowment is helping dis- Assistant to the President for National United States has had a long and, I sidents in over 90 countries, including Security Affairs.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8029 U.S. SENATE, The report accompanying this bill and abroad who travel pro bono basis Washington, DC, July 16, 1997. goes on to state that NED was never to share their knowledge and experi- Hon. SAMUEL R. BERGER, intended to be a ‘‘private-public part- ences with grassroots Democrats. Assistant to the President for National Security nership.’’ According to the Congres- Many of these trips are under adverse Affairs, The White House, Washington, DC. circumstances to places that can hard- DEAR SANDY: The Commerce-Justice-State sional Research Service, which care- Appropriation will soon be debated on the fully researched NED’s legislative his- ly be regarded as vacation spots and Senate floor. As you may know, the Appro- tory, ‘‘While NED was originally estab- the trips are not only working trips but priations Committee is recommending that lished as a private entity, private fund- frequently quite rigorous for partici- all funding for the National Endowment for ing was not required. Neither the con- pants. The amount of free time that is Democracy be eliminated. gressional debate in 1983, nor the Na- donated by these experts is rather sig- NED’s numerous Senate supporters, in- tional Endowment for Democracy nificant in dollar terms. cluding myself, regard this as a serious mis- Opponents also charge NED with take, since it would cripple the ability of our Act—the law establishing NED—indicates private source funding would be funding meaningless conferences. NED country to assist the various democratic net- funds in fact are used to assist organi- works abroad whose continued sustenance is required.’’ so critical to our national security. It is true that NED does raise some zations working inside countries. Occa- The President has been a dedicated sup- funds in the private sector, primarily sionally NED funds gatherings of porter of the Endowment in the past. It to support its International Forum for democrats in exile who cannot operate would be helpful if he would commit the Ad- Democratic Studies, which is a re- in their home countries. Countries ministration to reaffirming that support by search center and clearinghouse for such as China and Cuba fall in this cat- backing the efforts of the Endowment’s worldwide information about democ- egory. friends in the Senate to restore its funding. An example of a conference pointed Sincerely, racy. In addition, NED has calculated that its funding leverages over 70 cents to as insignificant by some NED critics BOB GRAHAM, is a meeting held in 1995 in Zagreb, U.S. Senator. for every program dollar it grants. The essential point, however, is that Croatia. In fact this particular con- Mr. GRAHAM. Mr. President, I would ference brought together activists from like now to take this opportunity to the founders of NED never imagined that this would be a privately funded all the countries of the former Yugo- clarify some misconceptions that have slavia at the height of the war to ex- arisen regarding NED and its work effort. To the contrary, because NED serves the national interest, it is an en- change information. over the years. Two of those mis- The meeting succeeded in matching tirely worthwhile expenditure of the conceptions are contained in the report funders and civic groups in the region Federal Government. accompanying the bill we are now de- in desperate need of help. Apart from Several other misperceptions have bating. bringing together democrats in a war dominated this debate in the past. Let The report states that, because NED situation the meeting has led to a me address them as well. was created to support democratic number of worthwhile projects in a re- Opponents have suggested that the movements behind the Iron Curtain, it gion that desperately needs to build up Endowment duplicates those of the is no longer needed. Nothing could be its civil society. further from the truth. Indeed, NED Agency for International Development. Mr. President, NED deserves our sup- was never intended to be a cold war in- AID Administrator Brian Atwood report. I urge my colleagues to support a stitution. ported to the House Committee on restoration of this funding. In Ronald Reagan’s speech that International Relations in March 1996, Mr. KERREY. Mr. President, I rise helped launch the Endowment, he of- following an extensive review of hun- today to offer my support for the pend- fered the following vision of NED: dreds of programs funded by his agency ing amendment. I have long been a sup- . . . To foster the infrastructure of democ- and those of the Endowment. His reporter of the National Endowment for racy—the system of a free press, unions, po- port stated: Democracy because I believe that it litical parties, universities—which allows a We found that USAID and NED do not du- serves to promote U.S. interests by fos- people to choose their own way, to develop plicate, but rather complement each other’s tering democracy throughout the their own culture, to reconcile their own dif- efforts. world. ferences through peaceful means. In the same report, Atwood outlined NED was established by Congress in He referred to the work of Western a series of steps that AID and NED 1983 as a nonprofit, bipartisan organi- European parties assisting counterpart have taken together to make sure that zation designed to promote democratic institutions and of the foundation this lack of duplication continues. values by encouraging the development looking into ‘‘how the United States NED and its supporters also have of democracy in a manner consistent can best contribute as a nation to the been accused of keeping a GAO report with U.S. interests, assisting pro-de- global campaign for democracy now calling for a reassessment of NED’s mocracy groups abroad, and strength- gathering force.’’ funding from being issued. This is a ening electoral processes and demo- It is true that the Endowment sup- nonissue originally raised in print by a cratic institutions. NED accomplishes ported Solidarity and other dissidents long time NED opponent. The facts are these goals by providing funding to a behind the Iron Curtain. quite simple: wide variety of grantees that operate But that represented a small percent- The General Accounting Office, after programs in more than 90 countries age of its funding. In fact, in the early an exhaustive study of U.S. Govern- throughout the world. years of the Endowment, approxi- ment programs to promote democracy, Mr. President, many of my col- mately half of its funds went to sup- concluded that there was no significant leagues may be aware of the work that port the growing democratic move- overlap between those funded by NED NED-funded grantees have done in ments in Latin America. and official agencies. Eastern Europe and the countries of This had nothing to do with the cold Referring to the stops that have been the former Soviet Union. These Newly war and everything to do with the rea- taken between AID and NED to make Independent States have benefited im- son NED was created and the reason it sure the lack of duplication between mensely from programs designed to exists today—because America believes their programs continues, a GAO offi- help develop the rule of law, grassroots that the spread of democracy is good cial wrote to House International Rela- campaigns, party organization, and pri- for the people of these countries, and tions Chairman GILMAN and Ranking vate sector enterprise. And while the ultimately, for the people of the United Member HAMILTON that the Agency’s development of truly democratic insti- States as well. concerns about potential overlap had tutions is a slow process, I believe that NED’s work in the Middle East, in been allayed. over the long run it remains in the in- East Asia, in Central Asia, in Africa, in Another charge frequently made terest of the United States to continue Bosnia, in Mexico, demonstrates that against NED is its funding is used dis- our commitment to those who are in the post-cold-war world, efforts to proportionately for travel. Some of the struggling to build stable, democratic foster civil society are even more rel- over 300 programs that are funded an- governments. evant today than they were when the nually by the Endowment involve the While NED’s work in the newly inde- Endowment was created. use of experts from the United States pendent states is commendable, of

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8030 CONGRESSIONAL RECORD — SENATE July 24, 1997 equal importance—and often with less in Nigeria and Zaire, women’s groups gram. This is because it builds self-suf- publicity—NED grantees are also hard in moderate Islamic countries, civic ficiency by working with indigenous at work in countries like Nigeria, groups who worked to make the re- groups that demonstrate a real com- Burma, Cuba, and Mongolia where pro- cently held Mexican elections open and mitment to democratic principles. democracy forces are most in need of transparent, pro-democracy groups in NED only receives $30 million, but is assistance, and where the ability of the Cuba, China and Burma. These are just very cost-effective. It makes hundreds United States to make a positive im- a small handful of the activities funded of grants annually in over 90 countries pact is at its greatest. by NED. for civic education, media, human Mr. President, even though in the The endowment also sponsors the rights, and other organizations dedi- past decade the world has witnessed a Journal of Democracy, a well known cated to supporting those who desire remarkable transformation, and the and highly regarded scholarly publica- democracy. forces of democracy are on an upswing tion on global democracy issues. The NED funds support political party throughout the world, it remains a fact journal is part of the work of the Inter- training and the establishment of oppo- that approximately two-fifths of the national Forum for Democratic Stud- sition newspapers, helping to promote world’s population continues to live ies—NED’s research center. In addition an independent press. For example, under authoritarian rule. There clearly to the publication of the journal, the NED has done important work in China remains a need for continued vigilance Forum holds important conferences on through its support of Chinese human and support of those groups still striv- issues of particular relevance to demo- rights activists. ing to achieve democratic reforms. cratic societies, such as civil-military Another well-known example is While Congress may have created the relations, economic reform, and the Burma, where the NED has strongly National Endowment for Democracy role of political parties. supported Aung San Suu Kyi and the during the cold war, I firmly believe In other words, NED has become an pro-democracy movement there. that fostering democracy remains as important focal point for democracy- Still another important aspect of the important today as it was 14 years ago. promotion activities around the globe. NED is that it is rooted in the U.S. pri- Because of the continued need for For those who say they don’t know vate sector, and operates in situations U.S. assistance to pro-democracy what NED or the grantee agencies have where direct government involvement forces, I was disappointed that the Sen- been doing with the funds they receive, is not appropriate. ate subcommittee did not fund the I would urge them to take a long look It is particularly effective in reach- President’s request of $30 million for at the annual report which NED issues ing those groups seeking to counter na- NED. It is for this reason that I fully every year. I have with me the latest tionalist and autocratic forces that are support the amendment before the Sen- report for 1996—that report goes into responsible for so much conflict and in- ate that will fund the National Endow- great detail where the monies are being stability. ment for Democracy for fiscal year spent. It is my view that if my col- The NED provides a successful and leagues would take a look at this publi- 1998. cost-effective mechanism for spreading Mr. President, there is a reason that cation they would be impressed with our democratic values and enhancing four former National Security Advisers the extensive activities being under- American security. to the President have said that the taken with relatively small amounts of This point was made today in a Wall elimination of NED funding would sig- money. Street Journal editorial that high- Mr. President, I strongly agree with nal America’s disengagement from the lights and praises the NED’s effective President Clinton’s assessment of the vital policy of supporting democracy. and innovative approach to democracy NED. Earlier this year he said of the There is a reason that seven former promotion. NED, ‘‘through its everyday efforts, Secretaries of State from both Repub- Elimination of this program could be the Endowment provides renewed evi- interpreted as a sign of America’s dis- lican and Democratic administrations dence of the universality of the demo- engagement from the vital policy of have voiced their belief that NED fund- cratic ideal and of the benefits to our supporting democracy around the ing is as vital today as when the pro- Nation of our continued international globe. gram was created. And finally, there is engagement.’’ a reason that brave, pro-democracy ac- I urge my colleagues to support the I urge my colleagues to continue to tivists like Harry Wu and Vaclav Havel restoration of funding for the Endow- support this critical democracy-build- tell us that NED funding is essential to ment. ing organization. advancing the cause of democracy. Mr. Mr. BIDEN. Mr. President, I rise in Mr. HATCH. Mr. President, once President, the reason is that they, like support of the amendment to restore more we are engaging in the increas- many of my colleagues here today, re- funding for the National Endowment ingly repetitive argument over whether alize that America must maintain its for Democracy [NED]. the U.S. Senate should support one of commitment to the ideals and prin- Last month the Senate expressed its our country’s most valuable tools of ciples of democracy. overwhelming support for the NED foreign policy—the National Endow- Mr. DODD. Mr. President, I rise to when it passed the Foreign Affairs Re- ment for Democracy. The Senate sub- support the restoration of funding for form and Restructuring Act of 1997—90 committee zeroed out the administra- the National Endowment for Democ- to 5. That legislation provided $30 mil- tion request for $30 million for the En- racy in the Justice, State, Commerce lion, full funding, for the NED. dowment, although the House of Rep- appropriations bill. The amount is very Even more recently we voted unani- resentatives granted it full funding. modest—$30 million—and the same mously to congratulate Mexico on its Today, Senators LUGAR and others are level of funding as the NED currently elections. The NED provided critical offering an amendment that will re- receives for this fiscal year. support to the Civic Alliance in Mex- store the Senate’s support for full fund- What is the NED? It is a grant-mak- ico, a nonprofit election monitoring ing for the National Endowment for ing organization that is governed by an and civic education group that played a Democracy (NED), and I encourage my independent, nonpartisan board of di- key role in that success story. colleagues to vote in favor of this rectors. NED monies are utilized to When the Reagan administration pro- amendment. fund the activities of the four inde- posed the NED, I thought it was a bad Mr. President, I’ve been in this body pendent institutes—the National idea and voted against it. After seeing for the entire history of the National Democratic Institute, the Inter- all of the good work they have done Endowment for Democracy, and I make national Republican Institute, the Free and are doing, I have been converted to no reservations about my wholehearted Trade Union Institute, and Center for a supporter. support for this organization. My col- International Private Enterprise. The NED continues to play a critical leagues know I was an original sup- In addition to funding the programs role in promoting democracy and porter of the NED, and I am a stronger of these institutes, NED also provides democratic values, and is vital to U.S. supporter today than I was then. grants directly to support democratic national interests. President Reagan clearly summa- activist groups throughout the world. Mr. President, let me make this rized the NED’s mission when he stated This includes grass roots organizations clear—NED is not a foreign aid pro- at its inception:

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8031 The objective I propose is quite simple to And where democracy advances, the to the rising power of authoritarian state: to foster the infrastructure of democ- risk of conflict that could require a China. While we debate the value of racy—the system of a free press, unions, po- U.S. response declines. sanctions or engagement, who in this litical parties, universities—which allows a That is why a number of my friends— body suggests that the support for people to choose their own way, to develop their own culture, to reconcile their own dif- Jack Kemp, Steve Forbes, Bill Bennett, local elections in China that is conferences through peaceful means. Jeane Kirkpatrick, Vin Weber, and ducted by NED with the International I believe that mission statement is as Lamar Alexander—have circulated a Republican Institute is anything but relevant to our goals today as it was in letter from their organization, Em- an enormously positive development? Who suggests that NED-supported Chi- 1982, when the National Endowment for power America, which I would like to nese activists who monitor and report Democracy was founded. And I find it quote: on the repression of dissidents must illogical and disingenuous that some NED helps brave people around the world not be continued—so that lawmakers argue that the Endowment is a cold who are engaged in difficult struggles for freedom. These are America’s natural around the world can know the truth war institution which, because we have friends. Resisting the enemies of freedom, when we debate complicated issues of won the cold war, is no longer relevant. they need our continual solidarity. engaging China? Who believes that Many appear to agree with me. In a A case in point is China, where the Endow- Harry Wu’s research foundation—dedi- September 1995 letter to our congres- ment supports various pro-democracy net- cated to monitoring the abhorrent use sional leadership, seven former Secre- works as well as the democracy movements of prison labor—should not be sup- taries of State said: in Tibet and Hong Kong . . . China is but one example of how NED, ported, so that we know how China During this period of international change which works in over 90 countries, is as rel- abuses our trade relations? and uncertainty, the work of the NED con- evant to the post-Cold War world as it was in Who believes, Mr. President, that the tinues to be an important bipartisan but the struggle against Soviet totalitarianism. non-governmental contributor to democratic many programs promoting open press, Examples could be cited from other difficult reform and freedom. reasoned democratic debate and the situations, from Burma to Cuba, from the It appears that a few still believe, il- rule of law that NED supports through- Balkans to the Middle East. The kind of po- out the Arab world are not supporting logically, that because the NED was litical assistance NED provides is not foreign engaged in fighting for democracy dur- aid. NED is more than a program; it is an in- America’s goals in that region? Can ing the cold war, it is no longer rel- strument for transmitting in a peaceful way anyone who is aware of America’s un- evant. This reasoning is unsound, based American democratic values to a world that certain relations with the Islamic on facts of the past, and realities of the looks to us to maintain our leadership role. world declare that it is not in our in- NED works to expand human freedom and present. terest to promote democratic values helps people help themselves. It promotes there? First, the past. The NED did have American values and interests. It is realistic some high-profile involvement with or- Mr. President, I’ve cited a few exam- and idealistic at the same time. It inter- ples and endorsements from prominent ganizations such as Solidarity, which nationalist in the best sense of that term. It U.S. foreign policymakers—Republican were critical in loosening Moscow’s is truly our kind of program. and Democrat—but I’d like to close my grip on its captive nations. I applaud Mr. President, among my friends at remarks by quoting Martin Lee, who the NED for that, as I applaud the Empower America, you will not find my colleagues surely recognize as Hong many other organizations, such as the one person who believes the United Kong’s voice of democracy. As we International Labor Office and other States should be the world’s policeman. know, the reversion to the People’s Re- great anti-communists such as Irving Most of these individuals are very public of China opens a new—and un- Brown, who worked with us to under- skeptical—like me—about some of this certain—page in the recent history of mine Soviet totalitarian control. But country’s recent unilateral as well as democracy in Hong Kong. anyone who believes that the cold war multilateral deployments. Martin Lee recently wrote a letter to was the central or only focus of the But none of these individuals believes my colleague, Senator MACK. Members NED may not have all the facts. that the $30 million spent on the Na- of this body know that Senator MACK It is a fact, for example, that during tional Endowment for Democracy is has devoted a large amount of his time the early days of the National Endow- anything but a completely worthwhile to the difficult process of Hong Kong’s ment for Democracy, approximately expenditure that supports our national reversion, and he is one of the leaders half of NED’s funds were directed to- interests by supporting the spread of who will increase his attentions to the ward Latin America. The 1980’s, you democracy around the world. former British colony now that July 1 will recall, Mr. President, was the dec- The cold war is over, Mr. President, has past. Martin Lee wrote: ade when democracy swept across the and we won it. We won it with a strong In Hong Kong and elsewhere in Asia and Latin American continent. The people defense posture, with a policy of en- around the world, the struggle to preserve of Latin America, and their brave gagement in Latin America, Afghani- democracy, political freedom and the rule of democratic leaders, deserve the credit stan, and central Europe. And we won law is far from being won. But by supporting for this. But it was the wisdom of U.S. it by standing with democrats around key human rights organizations which work foreign policy—and the participation the world. Despite the end of the cold for development of democracy and the pres- from the NED—that provided impor- war, there are many democratic move- ervation of the rule of law and human rights tant diplomatic and practical support. ments that need our support. As the in Hong Kong, the Endowment’s work in Hong Kong has had profound effect at a crit- Second, the present. The obvious fact Empower America letter said: ‘‘. . . the ical time. During what I realize is a time of is, Mr. President, that support for de- brave people around the world who are shrinking budgets, I cannot think of better mocracy remains a necessary goal of engaged in difficult struggles for free- value for money than the National Endow- U.S. foreign policy. Students of history dom . . . these are America’s natural ment for Democracy. know that democracies are less likely friends.’’ Mr. President, Martin Lee is correct: to try to settle their internal and ex- I wish that we could do more for ‘‘The struggle to preserve democracy, ternal conflicts with a resort to vio- these friends of America, Mr. Presi- political freedom and the rule of law is lence. Observers of current affairs rec- dent. But the reality of foreign affairs far from being won.’’ What a sorry sig- ognize that, while democracy continues has always been limited by the need to nal the United States would be giving to spread, many parts of the world are prioritize limited resources. In my democrats struggling around the world in desperate need for further demo- view, an expenditure of $30 million to if we ended our support for the Na- cratic development. It is no coinci- support the many activities of the NED tional Endowment for Democracy. dence indeed that many of these areas throughout the world may be one of What a shortsighted notion it would be are areas where U.S. foreign policy the most cost-effective investments we to save $30 million by abandoning our goals are and will be challenged. make in the support of American’s in- support for an organization that pro- To believe that supporting democ- terests overseas. motes our political values around the racy was a need solely of the cold war The critics of the NED should review world. is a notion that ignores the basic re- the Endowment’s materials. For exam- I urge my colleagues to support full ality that the world remains full of na- ple, this body has spent a large amount funding for the National Endowment tions where democracy needs support. of time debating how we should relate for Democracy.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8032 CONGRESSIONAL RECORD — SENATE July 24, 1997 Several Senators addressed the as a nongovernmental entity. It can tional Endowment for Democracy. It Chair. support nongovernmental organiza- took him a long time to die, and it has The PRESIDING OFFICER (Mr. tions which, in turn, provide opportu- just taken forever for this boondoggle KEMPTHORNE). The Senator from Cali- nities that would not otherwise be to die. fornia. available if these activities were under- I have heard so may people in this Mrs. FEINSTEIN. Mr. President, I taken by a government or govern- body lament the size of Government, ask that the pending amendment be set mental agency. This is an extremely the waste of Government, the terrible- aside. important dimension to the work of ness of Government, and here is $30 The PRESIDING OFFICER. Is there the National Endowment for Democ- million of wasteful Government spend- objection? racy. ing. There was actually an effort to get Mr. SARBANES. Mr. President, I ob- Former national security advisers of NED’s appropriation up to $50 million 3 ject. previous administrations and the years ago. The PRESIDING OFFICER. Objec- President’s current Adviser for Na- I can tell you that, in this Senator’s tion is heard. tional Security Affairs, Sandy Berger, opinion, the National Endowment for Mr. SARBANES addressed the Chair. have expressed their strong support for Democracy is without question the big- The PRESIDING OFFICER. The Sen- the NED. Mr. Berger noted in his letter gest waste of money I can think of next ator from California has the floor. to Members of Congress this week: to the space station. That is saying Mrs. FEINSTEIN. I yield the floor, I welcome the opportunity to reaffirm something. Mr. President, to the Senator from strong administration support for the NED It is a cold war relic. Everybody in Maryland. and our opposition to any effort to reduce or this body knows that the National En- Mr. SARBANES addressed the Chair. eliminate NED funding . . . The President is dowment for Democracy was started in The PRESIDING OFFICER. The Sen- a dedicated supporter of the NED, as it has 1983 as an answer to communism in the been in the forefront of U.S. efforts to pro- world. We were not only spending $250 ator can’t yield the floor. But I will mote democracy, civil society and the rule of recognize the Senator from Maryland. law around the world. Moreover, it has done to $300 billion a year on defense at that The Senator from Maryland. so at very little cost to the American public, point—that was not enough to contain Mr. SARBANES. Mr. President, I rise leveraging modest resources with great ef- communism around the world—we de- in strong support for the amendment fectiveness. cided to add $18 million to bring de- now pending. The National Endowment The sweeping and profound changes mocracy to the world. We started this for Democracy has done some ex- resulting from the end of the cold war program with $18 million in 1983, and a tremely effective work around the provide ample reason for why we con- year after that, it soared up to about world in strengthening and assisting in tinue to need institutions like the $23 million; the year after that, $27 mil- the development of democratic institu- NED, which can operate in a cost-effec- lion, then $35 million. Then, finally, I tions and protecting individual rights tive manner and at the same time pro- was able to get it back to $30 million 2 and freedoms. Endowment programs mote our interests and values. Many of years ago. And this year, in this bill, have assisted grassroots organizations the new democracies that have thanks to the very good judgment of and individuals in more than 90 coun- emerged from the implosion of the So- our chairman of this subcommittee, tries across the globe. viet Union and the collapse of the Iron Senator GREGG of New Hampshire, it A great number of distinguished indi- Curtain have benefited from the assist- was sacked as it richly deserved. viduals have walked through the Halls ance NED and its grantees have pro- Mr. President, we have been holding of the Capitol over the years whom we vided. Those who paved the way for hearings in the Governmental Affairs have recognized as fighters for human freedom and democracy in their own Committee. And the headlines in the rights, freedom, and democracy. They countries have consistently testified as paper since January have been in an- are leaders from abroad who have come to the importance of NED support to ticipation of those hearings about for- to visit the U.S. Congress as a sign of the success of their efforts. eign influence in American elections. I their respect for American democracy. In fact, President Vaclav Havel of the want to say that if China had had any They have led the way toward democ- Czech Republic stated that ‘‘the Na- judgment at all they would have con- racy and human rights, and freedom in tional Democratic Institute was one of sulted with the NED before they start- their own countries. In expressing their the first supporting actors in the demo- ed trying to influence American elec- support for the National Endowment cratic revolution in our country.’’ tions. for Democracy, they have underscored And others have made similar state- The National Endowment for Democ- the critical assistance that they have ments with respect to the activities of racy has as good a record of meddling received from it, which made it pos- the two party organizations, the busi- in foreign elections as any organization sible for them to pursue democratic ef- ness groups, and the labor groups that the Earth has ever known. They tried forts in their own countries. are the core grantees of NED. to clean it up a little bit. They used to The National Endowment for Democ- This is a program that is working. It be very overt, and made no bones about racy has enjoyed broad bipartisan sup- is producing significant results around who they were giving money to. But port since it was established in 1983 the world. they are still giving out money to in- under the Presidency of Ronald I strongly support this amendment, fluence foreign elections. Reagan. Seven former Secretaries of and urge my colleagues to adopt it. One of the things that is the most in- State—James Baker, Lawrence I yield the floor. triguing of all is: Who do they give this Eagleburger, Alexander Haig, Henry Mr. BUMPERS addressed the Chair. $30 million to? Kissinger, Edmund Muskie, George Several Senators addressed the At the expense of sounding terribly Shultz, and Cyrus Vance—wrote to the Chair. arrogant, I would just like to say that leadership of the Congress in 1995 to ex- The PRESIDING OFFICER. The Sen- on the debate on the space station press their support for continuing fund- ator from Arkansas. which occurred day before yesterday, I ing of the National Endowment for De- Mr. BUMPERS. Mr. President, first daresay if that debate were held on na- mocracy. Their letter and stated, and I of all, I would like to say to my very tional television before an American quote: dear friend, Senator FEINSTEIN from audience of every voter in America, the California, who is anxiously awaiting space station would be dead, dead, During this period of international change and uncertainty, the work of the NED con- the floor so she can get into the ninth dead, at this moment, by an over- tinues to be an important bipartisan but circuit debate, that I am going to ob- whelming vote. But, unhappily, all the nongovernmental contributor to democratic ject to moving to that amendment people who might be watching that reform and freedom. We consider the non- until this amendment is disposed of. telecast wouldn’t be interested in those governmental character of the NED even Let me also say that I am prepared few jobs that NASA has put in their more relevant today than it was at NED’s to enter into a time agreement, but not State. founding 12 years ago. yet. But now when it comes to boon- The NED serves an important role Let me start off by saying that Ras- doggles and giving away money, I in- because of the fact that it can operate putin was a piker compared to the Na- vite my colleagues’ attention to this:

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8033 What happens to this $30 million? It Democratic Party. And we are going to ple have such misconceptions about took me 2 or 3 years for the realization give them 13.75 percent. They get called foreign aid. And you know some- really to soak in that this actually is $4,125,000. I will say one thing. What do thing else? I vote for that. I vote for the case. you think the administrative expense foreign aid. Never made any bones Out of the $30 million, first of all, 15 is for all those four organizations on about it. No. 1, it helps farmers because percent of it, 15 percent of it, or $4.5 top of the 15 percent administrative ex- that money also buys food. It helps in- million, goes for NED Administration. pense of NED? Who knows? The Na- dustry because people buy American And if you look at the way the money tional Endowment for Democracy is an products with the aid we give them. It is spent, you will find a lot of it going egalitarian group; they treat every- is money well spent. for first class airfare to transport peo- body the same. But some are more Do you know what else we expect to ple all over the world, people who every equal than others. get out of it? We expect people to want year will write letters to the people Here is the portion for everybody to be like us. We expect them to want who are engaged in this debate. They else. After you get through giving it to be democratic. We expect them to will write letters about what a wonder- out most of the money to all these want to be free and enjoy the same ful program NED is. groups who we know will send members kinds of freedoms we enjoy here in the You think of it. If a food stamp pro- to the Senate every year to tell us how United States. gram had a 15 percent administrative wonderful NED is so we will give them I have just finished listing for you all cost, we would kill it dead. We would another $30 million the next year after those billions of dollars we spend for what? To try to build democracy not tolerate that for a moment. But we they evenhandedly give everybody around the world. What good do you are willing to put aside $4.5 million, 15 $4.125 million in exchange for writing think this $30 million will do in chang- percent of this $30 million, and allow Senators here saying how wonderful it ing China from a Communist nation to NED to use that for administrative ex- is, they have $9 million left. That’s a free democracy? None. It is utter pense. what everybody else gets. But that is not the worst of it. We Do you know what that amounts to? waste, $30 paltry million dollars that ought to be saved. It is nothing. give the money out as follows. Listen It comes to an average of $41,096 for all You have the Voice of America. You to this, colleagues. CIPE—that’s a nice the grantees who are not part of the have these radio programs to influence acronym, isn’t it. CIPE gets 13.75 per- chamber of commerce, the AFL-CIO, the rest of the world about the joys of cent of the money—$4.125 million. Who the Democratic Party or the Repub- democracy and how great the United is CIPE? I bet you never heard of them. lican Party. Everybody else, the other States is. And $450 million for the CIPE stands for Center for Inter- grantees—there are 218 of them for Agency for International Development national Private Enterprise, but they 1996, 218 grants made with the remain- is for democracy building. This is noth- are really the U.S. Chamber of Com- ing $9 million, gets an average of ing in the world, but in 1983, when Ron- merce. This is a little offspring of the $41,096. Now, ain’t that something—218 ald Reagan was President and every- chamber of commerce, CIPE. We give grants. When you get past the big boys, body thought the Communists were them a neat $4,125,000 out of this $30 the Republicans, Democrats, labor and going to come up the Potomac River million. the chamber, you have 218 grants, and get us any minute, we thought, Let me ask you this: how much of $41,096 each. What are they going to do well, we will just dump a little more that do you think they spend on ad- with that? That will not even buy money into this democracy-building ministration? Bear in mind, 15 percent enough first class air tickets to get to business. comes off the top for NED administra- the election in Cambodia or wherever. You know something else. It was tion. Then you give the chamber of And what is the administrative expense never intended—I want everybody to commerce $4.125 million, and what do for those 218 grantees? You talk about understand this. It was never intended you think their administrative expense money well spent and saving the world that the National Endowment for De- is? through democracy. mocracy would be a federally funded Then to even things up, we give an Mr. President, we spend on the Agen- agency. We started it off with $18 mil- organization called FTUI, to make cy for International Development lion with the clear understanding that things even we give them 13.75 percent, about $4 billion a year. And did you within a short period of time they were also $4,125,000, the same amount we know that I am a great champion of going to have to stand on their own give the chamber of commerce. Who is that program? And do you know what feet with private contributions. We FTUI? The Free Trade Union Institute. that is for? That is to help countries never intended for that to be another Why, that’s the AFL-CIO. You cannot help themselves. That is to help them perpetual Government program. And so give money to the chamber of com- generate electricity so they can de- last year, 1996, do you know what their merce unless you are willing to balance velop. That is to teach them how to report shows? Out of $30 million, they it out and give the AFL-CIO another plant crops so they can feed them- collected from the private sector $4,125,000. And what do you think their selves. And it is also designed to make $541,000. And if I am not mistaken that administrative expense is? Lord only those people feel kindly toward the is their high watermark. knows. I cannot find out. greatest democracy of all, the United It is just like so many other Federal So you have the administrative ex- States of America. And about $450 mil- programs. It is a program that becomes pense of the chamber; you have the ad- lion of AID’s budget is for democracy- self-perpetuating because a lot of peo- ministrative expense of the AFL-CIO; building projects. ple find it to their advantage. It is dif- you have the 15 percent for NED right And then there is Public Law 480, ficult when you think about how I was off the top. popularly known as Food for Peace— trying to save $100 billion, 2 days ago, We are not finished. Now we go to the over $1 billion a year. Do you know on the space station. Here I find myself IRI. Whoever heard of the IRI? Now, who favors that? The Senator from Ar- just as exercised, just as exercised this is going to be hard for you to be- kansas. We help feed people who cannot about $30 million because it doesn’t lieve. I will tell you who the IRI is. feed themselves. Mr. President, Public really matter. It is money that ought That is the International Republican Law 480 has been around as long or not to be spent. The taxpayers have a Institute—the Republican Party. Can longer than any Member of the Senate, right to expect more of us. Can you you believe this, another 13.75 percent, with a couple of exceptions, and it is imagine, Mr. President, can you imag- $4,125,000. We have to be evenhanded. designed to help people keep from ine members of the AFL-CIO and the We have to give the chamber $4.125 mil- starving. Chamber of Commerce sitting around lion, have to give the AFL-CIO $4.125 Do you know what else it is designed the table with some people from a for- million, have to give the Republican to do? It is designed to help them feel eign country and trying to explain the Party $4.125 million. kindly toward the United States, that joys of democracy, the Chamber mem- And then we get down to the fourth great citadel of democracy. ber representing what democracy organization, NDI. Who do you think Then, Mr. President, there is that $13 means to him, the head of the labor NDI is? Why, you guessed it. It is the to $14 billion a year we spend on that union telling what democracy means to National Democratic Institute—the terrible thing that the American peo- him.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8034 CONGRESSIONAL RECORD — SENATE July 24, 1997 Why, if those people on the other side Mr. GREGG. And the Senator from Mr. GREGG. Mr. President, I with- were not confused beforehand—— Arizona is asking for 10 minutes. I draw my request, and we will just pro- Mr. GREGG. Will the Senator yield? would suggest that neither myself nor ceed here and see what happens. Mr. BUMPERS. I will be happy to the Senator from South Carolina, both The PRESIDING OFFICER. The Sen- yield for a question. of whom are involved in this issue, ator from Arkansas retains the floor. Mr. GREGG. I was wondering if the have had an opportunity to speak. So Mr. BUMPERS. Mr. President, I yield Senator would be willing to enter into we may have to add a little bit more the floor. a time agreement so that we could time. Why don’t we add an additional— Mr. GREGG addressed the Chair. move on with the bill. The Senator have the vote be at quarter of 5, add an The PRESIDING OFFICER. The Sen- ator from New Hampshire. mentioned that after he had spoken for additional 15 minutes with the time, an Mr. GREGG. Mr. President, I rise in a while he might be willing to consider hour and 15 minutes equally divided, opposition to the amendment that is that. He has spoken now for approxi- and 10 minutes to the Senator from Ar- pending and in support of the under- mately 40 minutes and the other side izona. Is that acceptable? lying bill, obviously. I think the Sen- has taken approximately the same The PRESIDING OFFICER. Is there ator from Arkansas had certainly out- objection? amount of time. lined rather effectively the problems I was wondering if we could enter an Mr. LUGAR. Reserving the right to with NED, the expense of this program, agreement which would limit debate to object. Mr. DORGAN. Reserving the right to and the fact that the program, for all an additional hour with the time equal- intents and purposes, involves a pass- ly divided between the proponents and object. The PRESIDING OFFICER. The Sen- ing of Federal tax dollars, hard-earned the opponents and have a vote here at tax dollars, on to a number of groups 4:30. ator from North Dakota. Mr. DORGAN. Mr. President, I have for the purposes of exercises which are Mr. BUMPERS. Mr. President, let me of questionable value in the post-cold- say to my distinguished chairman, of been on the floor for the substantial period of this debate. It is my intention war period: the Democratic National course, I sit on this subcommittee and Committee, Republican National Com- he is doing an excellent job. One of the to speak on this as well. I have no objection to a time agreement provided mittee, the AFL-CIO, and the Chamber greatest day’s work he ever did in his of Commerce being the primary bene- life was when he torpedoed NED in the there is sufficient time. Mr. GREGG. How much time would ficiaries of this fund. bill. But let me say, to accommodate I call this the club fund. You know, the chairman, I will be delighted to the Senator need? Mr. DORGAN. Mr. President, 10 or 15 here in Washington there are a lot of agree to 1 hour equally divided, 30 min- minutes. I guess I would like 15 min- folks who are sort of part of a club. The utes on a side, with a vote to occur at utes. I may not use all of it, but I have city has a bit of a clubby atmosphere. 4:30. waited for some while, and I intend to It is a you-scratch-my-back-and-I- Mr. GREGG. If there is no objection speak in support of it. scratch-your-back club. This is sort of from the other side, I would ask unani- Mr. GREGG. The Senator from North one of the funding mechanisms for the mous consent that the vote on the Dakota would like 15 minutes, the Sen- club. I am not too surprised that some pending amendment be at 4:30, with the ator from Arizona—does the Senator community of the press supports the hour equally divided. rise in support or opposition to the exercise because the club, regrettably, I would ask, additionally, after the amendment? involves some of the press, too. But, as vote on the second-degree amendment Mr. MCCAIN. I rise in support of the a practical matter, there is very little offered by Senator MCCONNELL, if the Lugar amendment. substance done here. next matter before the body could be Mr. GREGG. Well, I represent we will Let’s take China, for example. I sup- the matter of the ninth circuit and the get the Senator his time. pose if there is an example of a nation amendment of the Senator from Cali- The PRESIDING OFFICER. The Sen- where we have concerns about democ- fornia. ator from Arkansas. racy and its impact on our future as a The PRESIDING OFFICER. Is there Mr. BUMPERS. Mr. President, it country, China is probably it. How val- objection? would be my intention at the conclu- uable is NED in relationship to China? Mr. MCCAIN. Reserving the right to sion of that time to move to table the Well, last year NED sent a lot of people object. Lugar amendment. Of course, if that over there. A lot of people took airline The PRESIDING OFFICER. The Sen- would prevail, it would take the flights over there. There were a lot of ator from Arizona. McConnell amendment with it. When good trips, I am sure, to China. China Mr. MCCAIN. I would ask in that we talk about voting at 4:30, I want to is a nice place to visit. I am absolutely unanimous-consent agreement I be al- reserve the right to make that motion sure of that. A lot of people had an op- lowed 10 minutes. to table at the expiration of that pe- portunity to go there, people who were Mr. BUMPERS addressed the Chair. riod of time. So the unanimous-consent members of the Republican National The PRESIDING OFFICER. Is there agreement does not necessarily pertain Committee, Democratic National Com- objection? to the McConnell amendment. mittee, AFL-CIO activists, Chamber of Mr. BUMPERS. If I may ask—— The PRESIDING OFFICER. Is there Commerce activists, people who are The PRESIDING OFFICER. Is there objection? friends—a lot of people who were objection to the request? Mr. LUGAR. Reserving the right to friends of members of these different Mr. BUMPERS. There is objection— object. organizations went on trips. All of reserving the right to object, is the re- The PRESIDING OFFICER. The Sen- them went to China for a variety of quest of the Senator from New Hamp- ator from Indiana. meetings, and NED committed $2 mil- shire on the McConnell amendment or Mr. LUGAR. Mr. President, I ask lion for various programs. They had on the Lugar amendment? unanimous consent, or I will ask unan- about, I think, about 20 or 30 different Mr. GREGG. I believe the pending imous consent as a part of my assent meetings in China to tell China how to amendment is the second-degree. to the idea before us, that I have the become a democracy; $20 million for 1 Whatever amendment is presently right to withdraw my amendment, and billion people. That works out to about pending would be the intention of the I would say, for clarity of all sides, my 2 cents a person. I think they must Senator. intent would be to send an amendment have distributed toothpicks that said The PRESIDING OFFICER. The cur- to the desk promptly thereafter. I sim- ‘‘vote’’ on them for 2 cents a person. rent amendment which is pending is ply want to make certain that all sides The fact is, it had absolutely no im- Amendment 982 offered by the Senator know this, so there is not any mis- pact. All it did was represent a nice from Kentucky, [Mr. MCCONNELL]. understanding. But I reserve the right trip for a bunch of folks from the Mr. GREGG. And the yeas and nays to object until I am certain I could United States who probably looked for- have been asked on that, is that cor- withdraw my amendment and send an ward to going to China and meeting rect? amendment to the desk. some folks in China. The PRESIDING OFFICER. That is Several Senators addressed the The inverse, of course, is that when correct. Chair. China tried to influence our elections, I

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8035 think we generated a fair amount of I cannot believe that we would con- that I was ranking member and had outrage here in the United States sider doing this to the people who work been the chairman. The word had got- about that. We are still looking for at the State Department. It is an abso- ten around of our attempt to try to Charlie Trie. Maybe he is working for lute affront. This is important. Yes, bring the State Department from the NED in China now. The fact is, the in- somebody said, this is serious business. Third World into the first world. I am fluence of elections in the United You are darned right this is serious aghast here that those who chaired for- States by a foreign country tends to business. This is very serious business. eign relations would put in such an really antagonize a few people—as it You go out to these embassies in some amendment, to tell you the truth. I should, in the post-cold-war period. of these Third World countries and you feel just as strongly as the Senator And vice versa. You know? Vice versa. see what we subject our people to, and from New Hampshire. Because Pamela So what’s the purpose of NED? The it is not right. They take their families Harriman came to me and said, ‘‘Can I purpose of NED is to, for the most part, along with them. They take their fami- meet you in the morning?’’ Then we be a nice gathering of folks who find it lies along with them, and they get into met for the entire morning. We spent is a very effective way to fund various some of these countries where Ameri- the morning together. trips, various get-togethers around the cans aren’t all that popular, and their Exactly what the Senator from New globe. What does this amendment sug- families are driving to work some Hampshire said was pointed out. Al- gest we do to pay for these trips, to pay morning, or driving to school, and though the Embassy in Paris was nice, for this club activity? What is the sug- their lives are threatened and they their equipment was outdated. Their gestion of the way they are going to have no secure vehicles to travel in be- computers were totally obsolete. They fund this? They are going to take the cause we can’t fund it—because we couldn’t even get replacement parts for money out of the State Department can’t fund it. But we can fund a first- it. Their communications had broken capital account. class airline ticket to China for some- down. They had a premier facility, an Yes, the White House did not ask for body here in the United States to go to embassy, with hundreds of Americans as much money in the capital account a meeting to talk about stuff and come coming in daily—I don’t know how you as we put into it, because the White back and have a good time on the trip. handle a post of that size—but I House wanted to spend the money on But we can’t fund the protection of an wouldn’t even volunteer for it. It the United Nations and on inter- American family serving overseas. It’s wouldn’t be an honor; it would really national operations, international or- really incredible. be a drag, because trying to keep up ganizations. So they raided that fund I heard somebody on this floor citing with national policy while dealing with for that account. That is a little more an editorial from the Wall Street Jour- the visiting firemen and repairmen and legitimate than NED but not a whole nal, or some commentary in the Wall all the other problems, the problems lot more legitimate than NED when Street Journal. You tell me the last that ensue in a wonderful city like you are talking about the capital ac- time a reporter at the Wall Street Paris. It is really hard work—she was count of the State Department. Journal used a Wang computer to file doing an outstanding job. I said to I submit to the people who are sup- their story. You tell me when that hap- her—the Assistant Secretary, Dick porting this amendment that maybe pened. Wang was a great company. It Moose, who used to head up our For- they should read a few of the reports started right down the road from where eign Relations Committee, and I have from the State Department about the I live. We were very sad to see it go by been trying to increase funding for the present status of the State Depart- the way. The fact is that it did. Yet we capital account to modernize tele- ment’s capital situation. Maybe the still ask our people in the field to use communications, to modernize com- people who offered this amendment Wang computers. puterization and other equipment in would like to call up the United States This amendment takes from the ca- hopes of doing all the good things that on a dial telephone from Lagos. Maybe pacity of the guys and women who are the distinguished Senator from Ken- the people who offered this amendment in the field doing the job of presenting tucky says that NED does. would like to be working on a Wang American policy, it takes out of their Let’s assume it is true, and I can tell computer that cannot communicate hands the capacity to do their job and you, I opposed this in the very begin- with any other computer in the United gives it to a bunch of folks who may be ning and then finally said, ‘‘I’m wast- States. That is what we subject our well intentioned but who do not accom- ing my breath.’’ The one time I actu- people to at the State Department. plish a whole lot. ally supported it was when the current The present infrastructure of the I just find it unbelievable that the Secretary of State, the distinguished State Department is a disaster. They account into which you would dip to Secretary Albright, came to me and can’t call home. And the practical ef- pay for the NED is the account which said, fect of this amendment is that a lot of is absolutely critical to upgrading the We’ve got an election in Budapest, Hun- them aren’t going to be able to call State Department and giving our peo- gary, and we can buy some old printing home. Or maybe when you have a con- ple in the field an adequate oppor- presses out in Indiana and print up voting stituent who has a family member who tunity to represent us. But that is the bills to be handed out and ballots to help has run into a serious problem in one amendment, and I look forward to this conduct an election. of these Third World nations and you vote with some enthusiasm because Now everyone is bothered about for- are out trying to help your constituent this is going to be a real test of who eign governments trying to influence out, you are going to be really upset really cares about the future of our our elections? Heavens above, the other that the State Department can’t com- State Department. day we had, I think, 99 votes communicate with its people in the field ef- I yield the floor. mending Mexico on its elections be- fectively because 82 percent of the The PRESIDING OFFICER. The Sen- cause it was the first time the United State Department radio equipment, 55 ator from South Carolina. States stayed out. percent of their computer equipment, Mr. HOLLINGS. Mr. President, you We have been funding activities and 40 percent of their telephone equip- know now why, in my opening state- through Wall Street or otherwise down ment is totally obsolete. ment on this particular measure, I said there with the PRI. That is a big finan- So what does this amendment sug- I was so enthused about working with cial fix. Paying off the Mexican debt gest? It suggests we keep it obsolete so the distinguished chairman, the Sen- was just a refinancing. Nothing went to we can fund a bunch of folks at the Re- ator from New Hampshire—he laid it the Mexican people. It all went back up publican National Committee, Demo- on the line. Last December we had a to the banks on Wall Street. It is time cratic National Committee, the AFL– NATO conference in Paris whereby we we sober up and understand. My col- CIO, and the Chamber of Commerce— elected the distinguished Senator from leagues should get the American Cham- who happen to have the best computer Delaware the president of the North ber of Commerce report in Mexico City equipment in the world, the best com- Atlantic Treaty Organization Council. 60 days ago and see what it says: Unem- munication equipment in the world—so Senator ROTH is now the president. ployment is down, the economy is we can fund them for their trips. What Pamela Harriman, the distinguished down and the forecast is no recovery an absolute outrage. Ambassador, was there, and she knew for several years to come. NAFTA

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8036 CONGRESSIONAL RECORD — SENATE July 24, 1997 hasn’t worked. It has worked for the fi- Party, the Democratic Party, the AFL– lent chunk to the Republican Party, nancial crowd, and it has worked for CIO, the chamber of commerce’’—now, because you can’t give to one without those who want to export the indus- by gosh, they have their minions all the other. Then we would give a big trial backbone of America. over this Capital City, and so they can chunk of money to the U.S. Chamber of I reviewed, as a member of the Hoo- fix the vote and tell what wonderful Commerce, and then give an equivalent ver Commission in the fifties, the Cen- work it does. Well, if it is wonderful amount of money to the AFL–CIO, and tral Intelligence Agency. That was our work, let’s let the Department of we would say, ‘‘With this, promote de- primary function. I can see Sonny State, without embarrassment or apol- mocracy, promote free enterprise, pro- Purfoy in the Guatemala election. I ogy, perform it. mote unionism.’’ can see him in the Greek election. His I yield the floor. job was to run elections the world Mr. DORGAN addressed the Chair. It is 1997. The cold war is over. The around. The PRESIDING OFFICER (Mr. ROB- Soviet Union doesn’t exist. There is no So the Chinese learned to do a little ERTS). The Senator from North Dakota. Berlin Wall. There is no Warsaw Pact. bit of that, and now we are going to Mr. DORGAN. Mr. President, I have Democracy has marched across the have a big Federal program and spend on previous occasions come to the floor continents on this Earth, and yet, millions of dollars, all to get on na- of the Senate to support amendments today, we face an amendment that tional TV to express our horror and offered by the Senator from Arkansas says, ‘‘Let us decide to continue to surprise. Mature individuals ought to to strike the funding for the National spend $30 million a year for the Na- quit acting like children, and let’s Endowment for Democracy. I must say tional Endowment for Democracy.’’ move on and let’s get the work of the that I was surprised and very pleased I must tell you that I sort of view Government done. Now that is what I by the actions taken by the Senator these things also in the context of want to speak about, the work of the from New Hampshire and the Senator what else is necessary to be done. The Government, namely the State Depart- from South Carolina and the sub- Senator from New Hampshire talked ment. committee to strike the funding in the about trying to make a telephone call subcommittee and recommend to the Assume everything said by the dis- from a U.S. embassy on foreign soil to full Senate there be no funding for the tinguished Senator from Indiana, ev- the United States or to use a computer erything said by the distinguished Sen- National Endowment for Democracy. The chairman and the ranking mem- in an American embassy abroad to try ator from Kentucky is absolutely true and connect to the United States. He and ought to be done without apology ber say it very simply. They simply cut talked about the Department’s equip- by the Department of State. What is the $30 million out. In their report, ment needs, and I understand that. I wrong with that? What is wrong is they tell us that: think most of us have seen that first under communism, we said, ‘‘Well, we The National Endowment for Democracy hand. He is talking about the needs of couldn’t do that.’’ We always apolo- was originally established in 1984 during the gized because of our democracy and our days of the cold war as a public-private part- the State Department. nership to promote democratic movements Those needs are great, and yet the freedom and our individual rights. behind the Iron Curtain. Limited U.S. Gov- The Department of State ought to be ernment funds were viewed as a way to help funding to meet those needs is cut around as the foremost lead organiza- leverage private contributions and were under this amendment, in order to pay tion, not the Department of Defense, never envisioned as the sole or major source for this $30 million for the National En- now with the fall of the wall. We ought of continuing funds for the National Endow- dowment for Democracy. to be selling democracy. To Secretary ment for Democracy. There are other needs that frustrate Christopher’s credit, he finally got I might say parenthetically, it wasn’t me from time to time, sufficient so them doing business. really a private-public partnership, it that I sit and grit my teeth and wonder I started back 37 years ago as Gov- was public funding. There was never why, why can’t you get something so ernor of South Carolina. I went down very much private money available. small done that would help people who in Rio de Janeiro and, like the distin- But the subcommittee says: guished Senator from North Carolina, are so important? But you just can’t. Since the cold war is over, the committee And yet $30 million is available for a Chairman HELMS, I thought of them in believes the time has come to eliminate Fed- that same vein. Why? Because the eral funding for this program. National Endowment for Democracy. United States Ambassador, standing up Once again, I am pleased by this rec- I think for 4 or 5 years, I have come with the Governor of Guana Bera, in ommendation. I think it is the right to this floor to try to get, first, $1 mil- the Embassy in Rio in Brazil, reached recommendation. lion, then $2 million, to deal with the over into my glass and pulled the ice We have a weed in North Dakota out issue of child abuse on Indian reserva- out of it and threw it on the floor and in ranching and farming country called tions. I have been unsuccessful all said, ‘‘Don’t drink that, Governor, the the leafy spurge. The leafy spurge is these years to get that money. ice is dirty in this country.’’ How do kind of an ugly weed. It grows any- I held a hearing one day, and at the you think I felt? I said, ‘‘That fellow where, without moisture. You just hearing, we heard the story of Tamara doesn’t have any manners.’’ But a lot can’t get rid of it. You can cut it, you DeMaris, a young Indian girl 3 years has happened in 37 years. can spray it, you can mutilate it, you old who was put in a foster home, and Our Department of State has out- can dig it up, and you come back and it they didn’t have enough time to check standing personnel the world around, is still growing. We have some things out the foster home. So this 3-year-old and they are trying to work in the in the Federal budget that remind me a girl was in this foster home, and a business field to help spread cap- little bit of leafy spurge. It doesn’t drunken party ensued. The 3-year-old italism. In my opinion that is what matter what you do, you just can’t kill girl was beaten severely, her hair was really prevailed with the fall of the it. torn out at the roots, her arm was bro- wall. It wasn’t the CIA or anything The chairman and the ranking mem- ken and her nose was broken. Why? Be- else. It was capitalism. I served on the ber bring a proposal to this floor from cause she was put in a foster home and Intelligence Committee, and they the committee that says this program no one checked to see that the foster never briefed us that the wall was is a program that is done, it ought not home was safe. Why? Because one per- about to fall. be funded. I think the Senator from Ar- So be that as it may, let’s bring our kansas, the Senator from New Hamp- son had 150 cases of children who need- Department of State in and put in a shire, the Senator from South Caro- ed help and didn’t have time to check billion more. They gave a billion more lina, and others, have said it well. Most the foster home. in foreign aid and less to the Depart- taxpayers, I think, would be surprised At a hearing on this issue of child ment of State. The distinguished chair- to discover that we were spending near- abuse, I had a young woman sit at the man, the Senator from New Hampshire, ly $30 million and we were dividing it table and begin to weep. She was in comes around and finds some money up and saying to groups, ‘‘Take this charge of child welfare. She said, ‘‘I here, and we put it in the infrastruc- and go around the world and promote have stacks of folders on the floor al- ture to try to build up the Department democracy.’’ We would give a pretty leging physical abuse and sexual abuse of State. We come around and we have big chunk to the National Democratic that haven’t even been investigated be- a crowd that says, ‘‘No, the Republican Party. Then we would give an equiva- cause I don’t have the money.’’ She

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8037 began to weep. She said, ‘‘I don’t even ommendation to the floor saying this Mr. LUGAR. Mr. President, I with- have the ability to transport kids to a organization that produces these slick draw amendment No. 981. doctor.’’ annual reports is no longer necessary. The PRESIDING OFFICER. The I tried for 4 or 5 years to get money That conclusion is contested by some amendment is withdrawn. to start a pilot project to deal with who say, yes, it is. We want $30 million The amendment (No. 981) was with- those child abuse issues. The money is more added to the bill to support the drawn. not available. But $30 million for the continued existence of this organiza- AMENDMENT NO. 984 National Endowment for Democracy? A tion, the National Endowment for De- (Purpose: To make appropriations for grants big chunk to the AFL–CIO, to the mocracy. through the National Endowment for De- chamber of commerce, to each political We live in the greatest democracy on mocracy) party, and then send some contracts the face of this Earth. Half of the peo- Mr. LUGAR. Mr. President, I send an around the world, fly around the world ple in the last election said they did amendment to the desk and ask for its to meetings in the biggest cities in the not want to go vote. If we want to immediate consideration. world and talk about democracy? endow a democracy, let us invest this The PRESIDING OFFICER. The We are going to come to a portion of $30 million here, let us continue an in- clerk will report the amendment. appropriations, as the Senator from vestment in this democracy. The legislative clerk read as follows: Arkansas said, where we will spend $4 You know, I know some people look The Senator from Indiana [Mr. LUGAR], for billion for something called the Agency at, I suppose, some of the things I talk himself, Mr. LEAHY, Mr. MCCONNELL, Mr. for International Development. That is about on trade and other things I talk GRAHAM, Mr. DODD, Mr. ROTH, Mr. LIEBER- a program that promotes democracy about and say, ‘‘Well, it’s some of the MAN, and Mr. MACK, proposes an amendment numbered 984. abroad. That is a program that helps same old story, kind of isolationist, people around the rest of the world. and don’t understand things, can’t see Mr. MCCAIN. I ask unanimous con- Four billion dollars, I am told. The over the horizon. You just don’t have sent that further reading of the amend- U.S. Information Agency is a program the vision, the breadth of under- ment be dispensed with. that helps people around the world; standing that it takes to know why The PRESIDING OFFICER. Without Food for Peace; the contribution we this is necessary.’’ objection, it is so ordered. make to NATO. I think I do understand this. The amendment is as follows: I was asking somebody today, if we I am not a foreign policy expert by Strike all after the last word in the bill contributed the same amount of our any means, nor am I an isolationist, and substitute the following: national income as all of our NATO nor do I believe the world is growing ‘‘1998 partners do to the defense of Europe, larger—it is growing smaller—nor do I ‘‘SEC. . NATIONAL ENDOWMENT FOR DEMOC- RACY. what would it mean to us? I discovered believe that we do not have to be in- ‘‘For grants made by the United States In- something interesting: $100 billion a volved in what is happening in the rest formation Agency to the National Endow- year of savings. If we were contributing of the world. But this country can no ment for Democracy as authorized by the the same average amount for defense longer afford to spend money it does National Endowment for Democracy Act, as all of our allies are contributing, not have on things it does not need. $30,000,000, to remain available until ex- $100 billion a year. Think of that. And it does not need the National En- pended. The language on page 100, line 24 to So we spend $100 billion extra a year dowment for Democracy, an organiza- wit, ‘$105,000,000’ is deemed to be to promote democracy, to help our al- tion with a fancy title, that gives its ‘$75,000,000’.’’ lies, to help defend the free world, and money to the AFL–CIO, the chamber of Mr. MCCONNELL addressed the then we spend money in AID, we spend commerce, the two national political Chair. money in USIA, we spend money in parties, and then goes without much The PRESIDING OFFICER. The Sen- Food for Peace in a dozen other ways, strain to promote democracy abroad. ator from Kentucky is recognized. and then we want to duplicate it in a There is plenty of democracy to pro- AMENDMENT NO. 985 TO AMENDMENT NO. 984 minuscule program that doesn’t have a mote here at home, plenty of reasons (Purpose: To make appropriations for grants reason for being, except that we fund it to decide either to save this money or through the National Endowment for De- and it sets up a very well-connected to invest it here in things we need to mocracy) board. The Senator from New Hamp- do in this country and use the pro- Mr. MCCONNELL. I send a second-de- shire said, I guess he called it the club, motion of democracy as it is effec- gree amendment to the Lugar amend- I think that was the reference. tively done in AID, in USIA, and Food ment and ask for its immediate consid- I don’t know much about this club. For Peace, and so many other organi- eration. The names I see are some of the most zations, yes, including, as Senator The PRESIDING OFFICER. The distinguished Americans, no question BUMPERS said, the foreign aid bill. That clerk will report the amendment. about that, people for whom I have is where we promote the principles of The legislative clerk read as follows: great respect. I would expect every sin- democracy abroad. It is where it should The Senator from Kentucky [Mr. MCCON- gle one of them associated with this or- be promoted. NELL], for himself, Mr. LEAHY, Mr. LUGAR, ganization would support the organiza- Finally, let me just say this. This or- Mr. GRAHAM, Mr. DODD, Mr. ROTH, Mr. LIE- BERMAN, and Mr. MACK, proposes amendment tion. I understand that. ganization was created on a rec- numbered 985 to amendment No. 984. The point is, we spend billions and ommendation offered in 1983, created in Mr. MCCONNELL. Mr. President, I billions of dollars supporting democ- 1984 in the middle of the cold war, I as- ask unanimous consent that further racy abroad through this Government’s sume for good purposes at that time, reading of the amendment be dispensed programs—the foreign aid program, the for people who felt it was a necessary with. Food for Peace Program, USIA, AID, organization. It is now no longer nec- The PRESIDING OFFICER. Without and dozens of others—and there is not essary. a need when the cold war is over, when objection, it is so ordered. The subcommittee is dead right. This The amendment is as follows: there is no Soviet Union, when times is a colossal waste of the taxpayers’ Strike all after the word ‘‘1998’’ on line 4 of have changed, to resurrect a $30 mil- money. If we cannot kill this organiza- the underlying amendment and substitute lion program that this subcommittee tion, and end this funding, then in my the following: decided it wanted to kill. judgment we have a very difficult time SEC. . NATIONAL ENDOWMENT FOR DEMOC- It is unusual to see a bill come to the taking a look at other areas of ques- RACY. floor of the Senate with a recommenda- tionable funding and making the right For grants made by the United States In- tion that says, you know, this program choice. formation Agency to the National Endow- has outlived its usefulness. This pro- Mr. President, I yield the floor. ment for Democracy as authorized by the gram is no longer needed. This money National Endowment for Democracy Act, The PRESIDING OFFICER. Who $30,000,000, to remain available until ex- ought to be saved. It is very unusual to seeks time? pended. The language on page 100, line 24 to see that happen here in Congress. But Mr. LUGAR addressed the Chair. wit, ‘‘$105,000,000’’ is deemed to be it happened today when Senator GREGG The PRESIDING OFFICER. The Sen- ‘‘$75,000,000’’. This shall become effective one and Senator HOLLINGS brought a rec- ator from Indiana is recognized. day after enactment of this Act.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8038 CONGRESSIONAL RECORD — SENATE July 24, 1997 Mr. MCCONNELL. Mr. President, let The Senator from North Dakota just and not by what we are for. It is me just say very briefly—we are anx- talked about the fact that there was no enough for them that the United ious to hear from Senator MCCAIN, and use for this kind of activity by our States opposed communism, and once move on to a vote—the capital invest- Government. I understand that. I less the threat communism posed to our ment account referred to by the distin- understand the Senator from New own security was defeated, they viewed guished chairman of the subcommittee Hampshire who I have always known to America’s role as the champion of lib- and the ranking member will still be be a person who supported efforts for eral democracy to have become an ex- $105 million after the Lugar amend- freedom and democracy throughout the pensive vanity which deserved to dis- ment is approved. That would exceed world. appear with the Berlin wall. the President’s request by $10 million We have people, Mr. President, like But such a cramped view of American and exceed the 1997 level of last year’s Martin Lee, who everyone recognizes purpose ignores the service and sac- bill by $80 million. as the voice of human rights and free- rifice of hundreds of thousands of The distinguished chairman of the dom in Hong Kong. He says: Americans who were ordered into innu- subcommittee certainly raises a valid In Hong Kong and elsewhere in Asia and merable battles, not just in defense of point with regard to the infrastructure around the world, the struggle to preserve American security, but of American at the State Department. But it will be democracy, political freedom and the rule of values. substantially increased for all the pur- law is far from being won [is far from being It ignores the aspirations of our poses he alluded to even after the won]. But by supporting key human rights Founding Fathers who conceived of amendment restoring the National En- organizations which work for the develop- this Nation as an inspiration for and dowment for Democracy is hopefully ment of democracy and the preservation of the rule of law and human rights in Hong friend to all peoples who sought their approved. natural right to life, liberty, and the Just one other point, Mr. President. I Kong, the Endowment’s work in Hong Kong has had a profound effect at a critical time. pursuit of happiness. just want to mention a letter that was I do not know if the Senator from Ar- It ignores the wisdom of Abraham sent to the chairman and the ranking Lincoln who knew that the outcome of member in support of the National En- kansas, who I have debated this issue for several years with, takes the time our Civil War would affect the world as dowment funding at $30 million signed profoundly as it affected our own soci- by, in addition to Senator LUGAR and or the effort or the trouble to hear from people like Martin Lee and Harry ety. And it ignores the generous spirit myself, Senator GRAHAM, Senator MI- of Ronald Reagan who believed that KULSKI, Senator LAUTENBERG, Senator Wu, and people who have suffered—who have suffered—on behalf of fighting for supporting the forces of democracy MACK, Senator SARBANES, Senator overseas was our abiding moral obliga- COCHRAN, Senator LIEBERMAN, Senator human rights and freedom in their countries. tion, just as it was a practical neces- HATCH, Senator Bob KERREY, Senator sity during the cold war. INHOFE, Senator DODD, Senator ABRA- I wish the Senator from Arkansas would take some time and listen to I am proud of America’s long and HAM, Senator KENNEDY, Senator MUR- successful opposition to communism, KOWSKI, Senators LEAHY, ROTH, KERRY these individuals, not me, not the Sen- ator from Kentucky, not the Senator but being an anticommunist is not of Massachusetts, ROBB, LEVIN, enough. It was never an end in itself. BREAUX, KYL, DEWINE, COVERDELL, from Indiana, but why don’t you, I would ask the Senator from Arkansas, We are all small ‘‘d’’ democrats in our JEFFORDS, MOYNIHAN, REED, HAGEL, efforts to help secure the blessings of TORRICELLI, THOMAS, REID, ROCKE- listen to people like Martin Lee and Harry Wu, the Dali Lama, the Prime liberty of what truly distinguishes FELLER, FRIST, and of course the distin- American history from all other na- guished Senator from Arizona, who is Minister of the National Coalition Gov- ernment of Burma, the former chief of tions on Earth. It was necessary to de- about to speak who has been an enthu- feat communism to protect the well- siastic supporter of this program over staff of the President of Chile, the being of Americans, but it was also the years. President of Lithuania, the list goes on necessary to defeat communism be- The NED, many of us feel, has done and on, names that are not known to wonderful work, has broad bipartisan some in America but are known cause it threatened America’s best support across both party and ideolog- throughout the world in their struggle sense of itself and our sublime legacy ical lines. for freedom in virtually every part of to the world. Mr. President, $30 million is a small Mr. President, we hope the amend- the world. That is why I am a bit puz- investment in preserving that legacy. ment offered by the distinguished Sen- zled and confused by the length of this And I ask all my colleagues to keep ator from Indiana will be approved. debate and, frankly, the emotion asso- faith with the many revered Americans I yield the floor. ciated with it. who paid a much higher price than that Mr. MCCAIN addressed the Chair. As has already been noted by the to keep America a beacon light of lib- The PRESIDING OFFICER. The Sen- Senator from Indiana and the Senator erty. ator from Arizona is recognized. from Kentucky, there is an editorial in Mr. MCCAIN. Mr. President, the Sen- Mr. President, I yield the floor. the Wall Street Journal this morning. I ator from Kentucky and the Senator Mr. STEVENS addressed the Chair. quote: from Indiana have made I think a The PRESIDING OFFICER. The Sen- strong and compelling case for this Hong Kong democratic leader Martin Lee, ator from Alaska. who faces tough battles ahead in coping with Mr. STEVENS. I am delighted I was amendment. I am grateful for what Hong Kong’s new Beijing landlords, penned a here to hear the Senator from Arizona they have said and their active involve- letter to Senator CONNIE MACK begging ment in the pursuit of democracy him—begging him—to help save the NED. comment on the program. I will call at- throughout the world. Senator BOB GRAHAM has heard from Sergio tention to the fact that the bill in the The Senator from Kentucky just re- Aguayo of the Civic Alliance, which has a other body has the same amount of cently completed action on an appro- strong hand in promoting the multiparty de- money that is in the amendment as priations bill here that I think em- mocracy now taking root in Mexico. proposed here. This matter will be at bodies frankly what the National En- The list goes on and on. conference. And it will be a long and dowment for Democracy is all about. One achievement of this Ronald Reagan sustained conference whether this And of course the Senator from Indi- brainchild was to help Poland’s Solidarity amendment is adopted or not. ana, Senator LUGAR, is acknowledged break the grip of the Soviet Union in the I believe that we should keep on throughout the world, not only in this Cold War days. course. I am not an opponent of this body, but throughout the world as one It goes on and on. matter. As a matter of fact, I have al- of the foremost experts on national se- Mr. President, as I said, I am not ways voted for it. But I do not think it curity issues and foreign affairs. going to take a lot of time. I just want gains anything to have a prolonged dis- Mr. President, I do not want to re- to say as strongly as I can, in the end cussion here at this time. I will assure peat a lot of the things that have al- I think it is fair to say that the oppo- Senators who support it, we will do ev- ready been said about this issue, except nents of the National Endowment for erything in our power to assure the to try to define really what this debate Democracy are those who define this conference of their objectives at con- is all about. country only by what we are against ference. But I move to table this

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8039 amendment, and ask for the yeas and AMENDMENT NO. 985 (A) One member appointed by the Presi- nays. The PRESIDING OFFICER. If there dent of the United States. The PRESIDING OFFICER. Is there a is no further debate, the pending busi- (B) One member appointed by the Chief sufficient second? There appears to be. ness before the body is the second-de- Justice of the United States. gree amendment by the Senator from (C) Two members appointed by the Major- The yeas and nays were ordered. ity Leader of the Senate. VOTE ON MOTION TO TABLE AMENDMENT NO. 984 Kentucky. (D) Two members appointed by the Minor- The PRESIDING OFFICER. The Is there further debate? If not, the ity Leader of the Senate. question is on agreeing to the motion question is on agreeing to the amend- (E) Two members appointed by the Speak- to lay on the table the amendment. ment of the Senator from Kentucky. er of the House of Representatives. The amendment (No. 985) was agreed The yeas and nays are ordered. The (F) Two members appointed by the Minor- to. ity Leader of the House of Representatives. clerk will call the roll. Mrs. FEINSTEIN addressed the (2) APPOINTMENT.—The members of the Mr. FORD. I announce that the Sen- Chair. Commission shall be appointed within 60 ator from Massachusetts [Mr. KEN- AMENDMENT NO. 984, AS AMENDED days after the date of the enactment of this NEDY] is necessarily absent. The PRESIDING OFFICER. The Act. I further announce that if present ACANCY question is now on the first-degree (3) V .—Any vacancy in the Commis- and voting, the Senator from Massa- sion shall be filled in the same manner as the amendment, as amended. Is there any chusetts [Mr. KENNEDY] would vote original appointment. further debate? If not, the question is ‘‘no.’’ (4) CHAIR.—The Commission shall elect a on agreeing to the amendment. The PRESIDING OFFICER. Are there Chair and Vice Chair from among its mem- The amendment (No. 984), as amend- bers. any other Senators in the Chamber deed, was agreed to. (5) QUORUM.—Six members of the Commis- siring to vote? Mr. STEVENS. Mr. President, I move sion shall constitute a quorum, but three The result was announced—yeas 27, to reconsider the vote by which the may conduct hearings. nays 72, as follows: amendment was agreed to. (c) COMPENSATION.— [Rollcall Vote No. 203 Leg.] Mr. MCCONNELL. I move to lay that (1) IN GENERAL.—Members of the Commis- YEAS—27 motion on the table. sion who are officers, or full-time employees, The motion to lay on the table was of the United States shall receive no addi- Allard Conrad Hollings tional compensation for their services, but Baucus D’Amato Kohl agreed to. Bingaman Dorgan Lott Mrs. FEINSTEIN addressed the shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the Boxer Faircloth Nickles Chair. Breaux Feingold Shelby performance of duties vested in the Commis- Bumpers Ford Stevens The PRESIDING OFFICER. The Sen- sion, but not in excess of the maximum Byrd Grassley Thompson ator from California is recognized. amounts authorized under section 456 of title Cleland Gregg Warner AMENDMENT NO. 986 28, United States Code. Cochran Helms Wyden (Purpose: To establish a Commission on (2) PRIVATE MEMBERS.—Members of the NAYS—72 Structural Alternatives for the Federal Commission from private life shall receive Abraham Gorton McCain Courts of Appeals) $200 for each day (including travel time) dur- Akaka Graham McConnell Mrs. FEINSTEIN. Mr. President, I ing which the member is engaged in the ac- Ashcroft Gramm Mikulski send an amendment to the desk. tual performance of duties vested in the Bennett Grams Moseley-Braun The PRESIDING OFFICER. The Commission, plus reimbursement for travel, Biden Hagel Moynihan clerk will report. subsistence, and other necessary expenses in- Bond Harkin Murkowski curred in the performance of such duties, but Brownback Hatch Murray The legislative clerk read as follows: Bryan Hutchinson Reed not in excess of the maximum amounts au- The Senator from California [Mrs. FEIN- thorized under section 456 of title 28, United Burns Hutchison Reid STEIN], for herself, Mr. LEAHY, Mrs. MURRAY, Campbell Inhofe Robb States Code. Mrs. BOXER, Mr. REID, and Mr. BRYAN, pro- Chafee Inouye Roberts (d) PERSONNEL.— poses an amendment numbered 986. Coats Jeffords Rockefeller (1) EXECUTIVE DIRECTOR.—The Commission Collins Johnson Roth Mrs. FEINSTEIN. Mr. President, I may appoint an Executive Director who shall Coverdell Kempthorne Santorum ask unanimous consent that reading of receive compensation at a rate not exceeding Craig Kerrey Sarbanes Daschle Kerry Sessions the amendment be dispensed with. the rate prescribed for level V of the Execu- DeWine Kyl Smith (NH) The PRESIDING OFFICER. Without tive Schedule under section 5316 of title 5, Dodd Landrieu Smith (OR) objection, it is so ordered. United States Code. Domenici Lautenberg Snowe The amendment is as follows: (2) STAFF.—The Executive Director, with Durbin Leahy Specter the approval of the Commission, may ap- Enzi Levin Thomas On page 93, line 5, strike all through line 15 on page 97 and insert the following new sec- point and fix the compensation of such addi- Feinstein Lieberman Thurmond tional personnel as the Executive Director Frist Lugar Torricelli tion: determines necessary, without regard to the Glenn Mack Wellstone SEC. 305. COMMISSION ON STRUCTURAL ALTER- provisions of title 5, United States Code, gov- NOT VOTING—1 NATIVES FOR THE FEDERAL COURTS OF APPEALS. erning appointments in the competitive Kennedy (a) ESTABLISHMENT AND FUNCTIONS OF COM- service or the provisions of chapter 51 and The motion to lay on the table the MISSION.— subchapter III of chapter 53 of such title relating to classification and General Schedule amendment (No. 984) was rejected. (1) ESTABLISHMENT.—There is established a Commission on Structural Alternatives for pay rates. Compensation under this para- Mr. STEVENS addressed the Chair. the Federal Courts of Appeals (hereinafter graph shall not exceed the annual maximum The PRESIDING OFFICER. The Sen- referred to as the ‘‘Commission’’). rate of basic pay for a position above GS–15 ator from Alaska is recognized. (2) FUNCTIONS.—The functions of the Com- of the General Schedule under section 5108 of Mr. STEVENS. Mr. President, there mission shall be to— title 5, United States Code. is overwhelming opposition. But I do (A) study the present division of the (3) EXPERTS AND CONSULTANTS.—The Exec- want to tell the Senate that we are United States into the several judicial cir- utive Director may procure personal services spending time on an amendment that cuits; of experts and consultants as authorized by (B) study the structure and alignment of section 3109 of title 5, United States Code, at deals with a subject the House has al- rates not to exceed the highest level payable ways insisted on in conference. I don’t the Federal Court of Appeals system, with particular reference to the Ninth Circuit; under the General Schedule pay rates under know why we spend time debating here and section 5332 of title 5, United States Code. on the floor whether or not we are (C) report to the President and the Con- (4) SERVICES.—The Administrative Office of going to give this subject approval by gress its recommendations for such changes the United States Courts shall provide ad- the Senate, because it is one item that in circuit boundaries or structure as may be ministrative services, including financial the House will not let us come out of appropriate for the expeditious and effective and budgeting services, to the Commission conference on unless we approve it. So disposition of the caseload of the Federal on a reimbursable basis. The Federal Judi- cial Center shall provide necessary research we have taken time to get negotiating Courts of Appeals, consistent with fundamental concepts of fairness and due process. services to the Commission on a reimburs- room with the House, and the Senate (b) MEMBERSHIP.— able basis. won’t let us have it. I am sorry to say (1) COMPOSITION.—The Commission shall be (e) INFORMATION.—The Commission is au- that I think the Senate just made a composed of 10 members appointed as fol- thorized to request from any department, mistake. lows: agency, or independent instrumentality of

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8040 CONGRESSIONAL RECORD — SENATE July 24, 1997 the Government any information and assist- breast cancer research stamp idea, as 90 percent of breast cancer. We know ance the Commission determines necessary which originated with a physician—Dr. that breast cancer rates vary between to carry out its functions under this section. Bodai from my State, and I am happy countries and when people migrate, Each such department, agency, and inde- to see it become a reality today. they tend to acquire cancer rates clos- pendent instrumentality is authorized to er to those of newly adopted countries provide such information and assistance to At a time when the National Cancer the extent permitted by law when requested Institute can only fund 26 percent of within a generation. by the Chair of the Commission. applications, a drop from 60 percent in Over the last 25 years, the National (f) REPORT.—No later than 18 months fol- the 1970’s, this legislation creates an Institutes of Health has spent over lowing the date on which its sixth member is innovative way for citizens to con- $31.5 billion on cancer research—$2 bil- appointed in accordance with subsection tribute to breast cancer research. lion of that on breast cancer. In the (b)(2), the Commission shall submit its re- Under this bill: last 6 years alone, appropriations for port to the President and the Congress. The Postal Service would establish a spe- breast cancer research have risen from Commission shall terminate 90 days after the $90 million in 1990 to $600 million date of the submission of its report. cial rate of postage for first-class mail, not to exceed 25 percent of the first- today. (g) CONGRESSIONAL CONSIDERATION.—No And the United States is privileged class rate, as an alternative to the reg- later than 60 days after the submission of the to have some of the most talented sci- report, the Committees on the Judiciary of ular first-class postage. The additional entists and many of the leading cancer the House of Representatives and the Senate sum would be contributed to breast research centers in the world such as shall act on the report. cancer research. UCLA, UC San Francisco, Memorial (h) AUTHORIZATION OF APPROPRIATIONS.— The rate would be determined in Sloan-Kettering, the Dana Farber In- There are authorized to be appropriated to part, by the Postal Service to cover ad- the Commission such sums, not to exceed stitute, and M.D. Anderson. But re- ministrative costs and the remainder $900,000, as may be necessary to carry out the searchers need funding. Science needs purposes of this section. Such sums as are by the Governors of the Postal Service. nourishment. Without it, promising Seventy percent of the funds raised appropriated shall remain available until ex- avenues of scientific discovery go unex- would fund breast cancer research at pended. plored. Questions go unanswered. Cures Mr. D’AMATO addressed the Chair. NIH and 30 percent of the funds raised go undiscovered. would go to breast cancer research at Mrs. FEINSTEIN addressed the CITIZEN CONTRIBUTIONS DOD. Chair. The breast cancer research stamp bill The Postal Service would provide the The PRESIDING OFFICER. The Sen- allows anyone who chooses to, to con- stamp within a year from the date of ator from California is recognized. veniently contribute to Federal reenactment. Mrs. FEINSTEIN. Mr. President, I search and to finding a cure for the Within 3 months prior to the stamp’s believe the Senator from New York has breast cancer epidemic. It is an innova- 2-year anniversary, the bill requires a question. I yield to him for a mo- tive idea originating with an American the Comptroller General to evaluate ment. citizen and I am very grateful for the the effectiveness and the appropriate- The PRESIDING OFFICER. The Sen- support of the House yesterday. ator from New York is recognized. ness of this method of fund raising and I urge my colleagues to support this report its findings to Congress. f important legislation. THE BREAST CANCER TOLL Mr. THOMPSON. Mr. President, as STAMP OUT BREAST CANCER ACT There are 1.8 million women in Amer- chairman of the Governmental Affairs Mr. D’AMATO. Mr. President, I ask ica today with breast cancer. Another 1 Committee, which has oversight re- unanimous consent that the pending million women do not know they have sponsibility for the U.S. Postal Serv- amendment be laid aside for up to 3 it; 180,200 new invasive cases will be di- ice, I want to comment on H.R. 1585. minutes; and I further ask unanimous agnosed this year. This measure directs the Postal Serv- consent that the Senate proceed to the Breast cancer kills 46,000 women a ice to issue a semipostal stamp, at a immediate consideration of H.R. 1585, year. It is the leading cause of death price of up to 8 additional cents per which was just received from the for women ages 35 to 52 and the second first-class stamp, to raise funds for House. leading cause of cancer death in all breast cancer research. Clearly this The PRESIDING OFFICER. Is there women, claiming a woman’s life every measure has the votes to pass; a simi- objection? 12 minutes in this country. lar measure passed the Senate last Mrs. FEINSTEIN. Mr. President, re- For California, 20,230 women were di- week by a vote of 83 to 17. But I want serving the right to object, as long as agnosed with breast cancer and 5,000 the record to reflect my strong dis- the Chair will recognize the Senator women will die from the disease. agreement with it. I think it is a bad from California following the handling (Source: American Cancer Society— idea for several reasons. It will create a of this measure. cancer facts and figures 1996.) precedent for congressional authoriza- The PRESIDING OFFICER. The Sen- The San Francisco Bay area has one tion for the issuance of many other ator’s request is so modified. of the highest rates of breast cancer in- fundraising postal stamps for many Is there an objection? cidence and mortality in the world. Ac- other worthy causes. As all Members Without objection, it is so ordered. cording to the Northern California are aware, the Postal Service has plen- The clerk will report. Cancer Center, bay area white women ty of challenges on which it should The legislative clerk read as follows: have the highest reported breast cancer concentrate. Not all costs of under- A bill (H.R. 1585) to allow postal patrons to rate in the world, 104 per 100,000 popu- taking this new program are quantifi- contribute to funding for breast cancer relation. Bay area African-American able, and we will be distracting the search through the voluntary purchase of women have the fourth highest re- Postal Service from its responsibility certain specially issued United States post- ported rate in the world at 82 per of providing the best delivery service age stamps, and for other purposes. 100,000. at the lowest price. Note that it is like- The Senate proceeded to consider the In addition to the cost of women’s ly that we will soon see an increase in bill. lives, the annual cost of treatment of the cost of mailing a first-class letter. Mrs. FEINSTEIN. Mr. President, I breast cancer in the United States is If Congress believes additional funds am proud to support the breast cancer approximately $10 billion. should be spent for this or another pur- research stamp bill, H.R. 1585, spon- The incidence of breast cancer is in- poses, Congress should appropriate the sored by Congresswoman SUSAN MOL- creasing. In the 1950’s, 1 in 20 women funds directly. That is our responsi- INARI and approved in the House of developed breast cancer. Today, it is bility. Representatives yesterday on a vote of one in eight and growing. Mr. HOLLINGS. Mr. President, I 422 to 3. While we know there is a genetic link want to convey my strong support for I, along with Senators D’AMATO, to some breast cancers, we do not un- the Stamp Out Breast Cancer Act, H.R. FAIRCLOTH, and the original 51 cospon- derstand the fundamental cause. In 1585. I may have created confusion on sors of my bill, the breast cancer re- hearings I held as cochair of the Senate this point by voting last week against search stamp Act (S. 726), have worked Cancer Coalition, we learned that envi- an amendment offered by my friend very hard to give life to this innovative ronmental factors may lead to as much Senator FEINSTEIN of California when

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8041 the Senate was considering the Treas- Let me say one thing. Breast cancer 32 cents or is that 25 percent of some- ury-Postal Service-general Govern- is the No. 1 killer for women between thing else? ment appropriations bill. I was con- the ages of 35 and 52 in this Nation Mrs. FEINSTEIN. It is 25 percent of a cerned about initial reports that the today. It used to be 1 out of 20 women. first-class stamp which right now is 32 Postal Service would have technical Today it is one out of every eight cents. problems raising the projected funds. women in the United States will come Mr. BUMPERS. So 25 percent of that However, passage of today’s legislation down with breast cancer. It is extraor- goes to the Postal Service to admin- both solves those problems and prop- dinarily serious. This is a unique pub- ister this program? erly authorizes the program. As a sup- lic/private partnership, the first time it Mrs. FEINSTEIN. No. No. It allows porter of the war on cancer 26 years has been tried, a pilot, if you will. I an optional first-class stamp, up to 25 ago and the author of the pilot pro- know it has been hotlined. I am grate- percent of the cost of a first-class gram which grew into the Centers for ful for the results. I thank the Senator stamp. In other words, it could add 8 Disease Control’s breast and cervical from New York so very much for his cents onto it, on an optional basis. cancer screening program, I am very work and support and the pink ribbon There would still be a 32-cent stamp. pleased to see this legislation enacted. he is wearing on his lapel, and I believe Then there would be this breast cancer The bottom line is that we need public the women of America, all of us, also stamp. All right. The Board of Gov- awareness and research funds, and this thank every Member of this body. ernors in their deliberation would legislation provides both. Again, I com- The PRESIDING OFFICER. The bill make a decision of administrative cost mend my friend Senator FEINSTEIN for has been passed. and then out of the 8 cents or 4 cents or her energetic efforts on this front and Mr. BUMPERS. Will the Senator 6 cents or 2 cents, whatever they de- am pleased to support this bill. yield for a question? cide, those administrative costs would Mr. D’AMATO. Mr. President, I ask Mrs. FEINSTEIN. I certainly will. come out of that additional amount. unanimous consent the bill be consid- Mr. BUMPERS. We debated this in Mr. BUMPERS. I follow you. And the ered read a third time, passed, the mo- the Appropriations Committee, as we rest of it then would go to the Depart- tion to reconsider be laid upon the know, for a short time. We voted on it ment of Defense and the National Insti- table, and that any statements relating the other day—a different proposition. tutes of Health? to the bill be placed in the RECORD at I am not clear on the difference be- Mrs. FEINSTEIN. That is correct. the appropriate place in the RECORD. tween the amendment the Senator is Mr. BUMPERS. I thank the Senator. The PRESIDING OFFICER. Without offering now and the one that was over- Mrs. BOXER. Will the Senator yield objection, it is so ordered. whelmingly passed in the Senate the for a moment? The bill (H.R. 1585) was passed. other day. That was carried—a 1-cent Mrs. FEINSTEIN. I would be happy Mr. D’AMATO. Mr. President, I want increase in the 32-cent stamp, with the to. to thank the Senator from California extra penny going to breast cancer re- Mrs. BOXER. I thank the Senator for for yielding. I think it is just gratitude search. This one, as I understand it— her leadership on the breast cancer at this time because there is no one does this amendment take part of the stamp. I was proud to be one of the co- who has worked harder than Senator 32 cents or does it also carry an in- sponsors of the stamp. I know how hard FEINSTEIN in terms of the attempts to crease in the 32 cents? she worked. I know it took many, bring forward this passage. Mrs. FEINSTEIN. The amendment many hours of work. I was sitting in This will permit the Postal Service we are to be on is a Commerce, State, the Appropriations Committee when to go forward with a program that will Justice amendment that I have sent to the committee chose to await action pay for it itself and dedicate 70 percent the desk involving the ninth circuit on the floor. I know that a couple of of the net proceeds to cancer research split. But before we start that, it is my the senior members of the committee at NIH and give the other 30 percent to understanding the bill has passed on were not that enthusiastic. But I do the Department of Defense. feel that what the Senator says is We worked together on this with the the breast cancer stamp, and I would right. This bill, this freestanding bill House, and I think it is a great testi- be very happy to discuss it. that we have now passed, takes the mony to the dedication of bringing peo- Mr. BUMPERS. I did not realize the best of both worlds. I am very excited ple together for a sole purpose. parliamentary situation. Could the I yield the floor. Senator just take a minute to explain? about it. I congratulate my friend. I Mrs. FEINSTEIN addressed the Mrs. FEINSTEIN. I will be very can’t wait to go to the post office and Chair. happy to. buy that stamp. If all the American The PRESIDING OFFICER. The Sen- One of the problems with the 1-cent people just think about buying a few of ator from California is recognized. stamp is the uncertainty of the post of- those stamps during the year, we will Mrs. FEINSTEIN. Mr. President, I fice that the administrative costs will be able to put so much more into re- also want to thank the Senator from be fully covered by the additional 1 search. It is just a great concept. I New York for his help on this matter. cent. The legislation which passed the thank my colleague for her leadership. We have had a true bipartisan effort House, authored by SUSAN MOLINARI Mrs. FEINSTEIN. I thank the Sen- with Ms. MOLINARI and Mr. FAZIO in and DICK FAZIO, on suspension, essen- ator from California for her comments. the House and Senators D’AMATO, tially provides that it can be up to 25 I thank the Senator for her help, and I FAIRCLOTH and FEINSTEIN in the Sen- percent —that would be about 8 cents, think all of us can be very proud if we ate. This bill passed the House on sus- determined by the Board of Gov- just await Presidential signature. It is pension. I believe it is an excellent bill. ernors—so that the full cost of admin- a fine thing. I think it will get the job done in a way istering it is covered. The Board of f Governors within a short period of in which we can all be proud. DEPARTMENTS OF COMMERCE, The bill is slightly different than the time will set the actual amount, JUSTICE, AND STATE, THE JUDI- bill that we introduced as an amend- whether it is 1 cent, 2 cents, 3 cents or CIARY, AND RELATED AGENCIES ment on the fiscal year 1998 Treasury- 4 cents, and I actually feel is a much APPROPRIATIONS ACT, 1998 Postal appropriations bill last week. better way of doing it. I think it will This bill provides for up to 25 percent end up producing more money. I think The Senate continued with the con- of the cost of a first-class stamp to be it will give the post office fewer ulcers. sideration of the bill. attached, the extra amount added to be I think it will be carried out forthwith. AMENDMENT NO. 986 used for breast cancer research. Of the This has passed the House, and with The PRESIDING OFFICER. The Sen- amount of funds raised, 75 percent the passage here today we can get the ate will now proceed to consider the would go to the NIH, and the remain- show underway. amendment of the Senator from Cali- der to DOD. The Board of Governors must, within fornia, which is to be considered under It is something that is widely sup- 1 year of the enactment of the bill, a pending time agreement. ported by virtually every medical and issue the stamp. Mrs. FEINSTEIN. I thank the Chair. cancer association in the United Mr. BUMPERS. The Senator men- Now, if we may turn to something States. tioned 25 percent. Is that 25 percent of which is of very deep concern. The

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8042 CONGRESSIONAL RECORD — SENATE July 24, 1997 amendment that I have sent to the that calls for a study of all of the cir- an arbitrary split of the Ninth Circuit desk is on behalf of the ranking mem- cuits, with special emphasis on the Court of Appeals—a split done politi- ber of the Judiciary Committee, Sen- ninth circuit. cally, as a form of gerrymandering. ator LEAHY; the Senator from Wash- The substitute amendment that I am In a letter dated July 11, Gov. Pete ington, Mrs. MURRAY; my colleague offering today to form a study commis- Wilson reiterated his support for the from California, Senator BOXER; and sion passed the House of Representa- commission study and stated that the the two Senators from Nevada, Sen- tives unanimously in June. This bill is present effort to split the circuit in- ators REID and BRYAN. The amendment identical to the House-passed bill. The volves judicial gerrymandering, appar- is an amendment to strike and sub- study commission represents, I believe, ently designed, and I quote, ‘‘to cordon stitute language. The section we would the only principled approach to dealing off some judges in one circuit while strike from the bill is section 305, with an issue as important and far- keeping others in another because of which splits the Ninth Circuit Court of reaching as the structure of the U.S. concerns, whether perceived or real, Appeals on an appropriations bill. courts of appeals. over particular judges’ perspectives or Mr. President, this legislation which If I may, Mr. President, there has judicial philosophy.’’ I am presenting serves as a substitute never been a division of a circuit court Less than 2 weeks ago, when Gov- to a nongermane provision of the fiscal without careful study and without the ernor Wilson wrote this letter, there year 1998 appropriations bill for Com- support of the judges and the lawyers was a proposal that would have divided merce, State, Justice. within the circuit who represent the the ninth circuit into three circuits and split California in half. Then there Mr. GREGG. Will the Senator from public they serve. There has never been was another proposal that would have California yield for a question? a division of any circuit in this man- left California and Hawaii in a two- Mrs. FEINSTEIN. Yes, I will. ner—arbitrary, political, and gerry- State circuit, the first time in history Mr. GREGG. I am sorry to break in. mandered. As a member of the Senate that a Federal judicial circuit would I was wondering if the Senator would Judiciary Committee, I am deeply con- have consisted of fewer than three agree to reducing the time of this cerned that the legislation to split the amendment down to 3 hours equally di- States. ninth circuit has been included in this In a matter of hours, an amendment vided? appropriations bill with no hearing, no Mrs. FEINSTEIN. I would be happy was made to the bill, and we have the study, no due diligence as to its im- latest proposal which keeps California to. pact. Section 305 of the bill contains Mr. GREGG. I ask unanimous con- whole, teams it with Nevada, isolating language for this split. It is a misuse, a geographical neighbor, Arizona, and sent that, under the prior order on this in my view, of the appropriations proc- amendment, the time be reduced to 3 placing Arizona with Oregon, Wash- ess. ington, Hawaii, Idaho, Alaska, and hours. Yesterday, Representative HENRY The PRESIDING OFFICER. Without Montana. Mr. President, I respectfully HYDE, the chairman of the House Judi- submit this is not the way to do the objection, it is so ordered. ciary Committee, wrote a strongly Mr. GREGG. I thank the Senator people’s legal business. This is not the worded letter, which was circulated way to restructure the Ninth Circuit from California. broadly. I would like to quote from it. Mrs. FEINSTEIN. Mr. President, this Court of Appeals. I understand that this week the Senate is Let me offer some history. I authored bill, with no hearing, no due diligence, expected to consider S. 1022, the Commerce- the first proposal to create a commis- no consultation with the ninth cir- Justice-State-Judiciary appropriations bill. sion on structural alternatives for the cuit—any of its judges, attorneys, bar Included in the bill is a major piece of sub- Federal courts of appeal in the 104th associations within the circuit—splits stantive legislation, the ‘‘Ninth Circuit Congress during a markup session in the circuit, and I would like to show Court of Appeals Reorganization Act of the Senate Judiciary Committee on you how it splits the circuit. It creates 1997.’’ This provision of the bill (section 305) would amend Title 28 of the United States December 8, 1985. If that had been a twelfth circuit which would comprise passed, the job would have been done Washington, Arizona, Alaska, Oregon, Code by dividing the existing Ninth Circuit into two circuits. As you well know, altering by now. The Senate ultimately passed Hawaii, Idaho, and Montana. If you the structure of the federal judicial system legislation to create a study commis- look at the map—separate and distinct, is a serious matter. It is something that Con- sion during that Congress on March 20. alone—separated from the rest, would gress does rarely, and only after careful con- As noted above, in the present Con- be the State of Arizona. The proposal sideration. gress, a commission bill identical to would leave in the ninth circuit only It is anticipated that an amendment will the one I am offering today unani- be offered to replace the circuit division two States—the States of California mously passed the House. So both and Nevada—along with the territories rider with legislation to create a commission— Houses of Congress have spoken on this of Guam and the Marianas. issue and both Houses of Congress have That is what I am trying to do at this Now, what is wrong with that? First said if the Ninth Circuit Court of Ap- time— of all, the way in which it is done, peals should be split, no due diligence, which I will address in detail. But sec- to study the courts of appeals and report rec- consult the judges, consult the attor- ond, it creates two unequal circuits. ommendations on possible change. This legislation, H.R. 908, has already passed the neys who practice before it, look at the The ninth circuit and Nevada would precedents, see that there is study, have close to 35 million people and the House unanimously on a voice vote on June 3, 1997. A similar bill, S. 956, was passed thought and consideration to what twelfth circuit would have 16 million unanimously by the Senate in the 104th Con- would be the best split. None of this people. But look at the proposed dis- gress. This is a far superior way of dealing has been done. In a matter of a week, tribution of the judges. It would dis- with the problems of caseload growth in the four separate proposals have been put tribute 15 judges to the ninth circuit Ninth Circuit and other courts of appeals. I forward and changed with no oppor- and 13 judges to the remainder—an un- urge your support for the amendment. tunity for anyone who practices law in equal, unfair distribution of judges. Sincerely, Henry Hyde, Chairman. the ninth circuit, the huge ninth cir- Here is what the effect would be. In So the House is on record supporting cuit, to indicate what the impact of the ninth circuit, you would have 363 a study. The chairman of the Judiciary those proposals might be. cases per judge. In the new twelfth cir- Committee of the House writes this let- The House-passed bill was modeled cuit, each judge would have just 239 ter, and yet this split is in the bill. The on a proposal I introduced with Sen- cases. So the judges of the ninth cir- administration has issued a strong ator REID on January 30, 1997. The cuit would immediately have caseloads statement to the Senate Appropria- House Judiciary Subcommittee Chair- 52 percent higher than the judges of the tions Committee indicating its support man COBLE and Chairman HYDE moved twelfth circuit. for a study commission and its opposi- the bill with the support and cospon- Mr. President, the real point is that tion to the inclusion of such far-reach- sorship of Representative BERMAN. The there is already a resolution to this ing legislation in an appropriations current H.R. 908 represents a com- issue. It was passed by the Senate last bill. promise that was worked out in the session, and it has already passed the Mr. President, I hope the President House and endorsed by every House Re- House. The resolution is legislation will veto this bill if it should contain publican and Democrat.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8043 I should note that the House-passed ties. According to the ninth circuit ex- the U.S. Supreme Court to resolve con- bill is very similar to a compromise on ecutive office, neither Phoenix nor Se- flicts that are now handled internally a study commission that Senator attle currently have facilities capable within the circuit. BURNS and I reached together just a of housing a court of appeals head- Here are some examples provided by few months ago. This all began with quarters operation. the ninth circuit of how dividing it Senator BURNS. I understand his con- As part of the review of last year’s could invite forum shopping: water dis- cerns. He has legitimate interests, le- similar proposal to split the circuit, putes concerning the Colorado River, gitimate thoughts, and I appreciate the GSA estimated that it would cost a which affect California, Nevada, and them. The last I had heard was Senator minimum of $23 million to construct Arizona; commercial disputes between BURNS signed off on the study commis- new facilities for a headquarters in large contractors like Boeing and sion. So you can imagine the surprise Phoenix, and I would be very surprised McDonald—perhaps that is resolved when I heard. My goodness, this is on if it was as little as $23 million. Based now—or Microsoft and Intel; different an appropriations bill. And Members of on GSA costs, the ninth circuit execu- legal precedents affecting the shipping this body have taken it on themselves tive has estimated that building and industry along the coastline of the con- to arbitrarily just decide, willy-nilly, renovation costs for creating or up- tinental United States and Hawaii. how the ninth circuit should be split. grading new headquarters in Seattle Think of the complications created if The House-passed commission study and Phoenix would amount to at least different commercial and maritime is fully bipartisan, a 10-member com- $56 million. Additional combined out- rules governed the Port of Los Angeles mission. The commission would oper- lay of another $6 million in startup and the Port of Tacoma and Hawaii. ate for 18 months, at which time it costs would be needed to outfit both The ninth circuit includes a vast ex- would make recommendations to Con- Phoenix and Seattle. panse of coastal area, all subject to the gress for any changes in circuit struc- The CBO last year estimated the cost same Federal law on cargo loading, on ture or alignment. of duplicative staff positions at $1 mil- seaman’s wages, on personal injury, I don’t think we should subject some- lion annually. The new proposal calls and maritime employment. Vessels thing as important as the structure of for two coequal clerks of the court in plying the coast stop frequently at our courts to political gamesmanship, the twelfth circuit. Assuming each ports in California, Washington, Alas- and that is just what this is. The study clerk would have the customary deputy ka, Hawaii and the Pacific territories. called for in H.R. 908 is a responsible clerk and staff attorney, an additional If the circuit were to be divided, sea- method of evaluating the current situ- $300,000 in salaries would be added to men would have an incentive to forum ation and making recommendations the total. So the new twelfth circuit shop among port districts in order to that can provide a sound foundation for would cost an additional $1.3 million predetermine the most sympathetic Congressional action in the future. annually for duplicate salaries, and court of appeals to hear the case. A study is needed to determine minimum of $25 million in Phoenix and In the commercial law area, all of the whether this or any proposed circuit an additional amount for Seattle. It is States in the circuit have considerable division would be likely to improve the estimated the cost would run in the economic relations with California be- administration of justice in the region. neighborhood of $60 million. cause of its large and diverse popu- That is the fundamental question: This wouldn’t be so bad if there just lation. In a recent case, Vizcaino v. Would a split improve the administra- hadn’t been approved and spent $140 Microsoft, the ninth circuit decided to tion of justice, and, if so, what should million to rehabilitate and seismically hear a case en banc concerning whether that split be? Even among those who equip the Ninth Circuit Court of Ap- Microsoft contractors were entitled to believe that some kind of split should peals in the city of San Francisco and the same ERISA benefits and stock op- occur, there is no consensus as to Pasadena—$140 million has just been tions as were regular employees. where any circuit boundary lines might spent. I just visited the San Francisco Microsoft is a large corporation with be redrawn. ninth circuit. It compares with the primary offices in Washington but sig- During the 105th Congress, pro- U.S. Capitol. There is a brand-new li- nificant business operations in Cali- ponents of a circuit split put forward brary already built in, magnificent fornia. If the ninth circuit were split, these four proposals. One would have chambers, one library that is solid red- Microsoft or its employees might split the north from the southernmost wood, marble that is incredible, light- choose to bring a lawsuit in either the States of the circuit. The second would ing fixtures that go back well over 100 ninth or twelfth circuit, in hopes of have chopped the existing circuit into years. It is an amazing and beautiful finding a more sympathetic court. three separate circuits and split Cali- building. The judges and lawyers of the ninth fornia in half. The third would have Under the configuration of States circuit overwhelmingly oppose what is created a narrow stringbean circuit. proposed for the new twelfth circuit, happening in this bill. Let me repeat That was the same proposal that failed the circuit executive estimates that that. The lawyers and judges in all of to pass the Senate during the 104th upward of 50 percent of the space re- the ninth circuit States overwhelm- Congress. cently renovated in San Francisco and ingly oppose what is happening in this The current proposal, which rep- Pasadena at a cost of $140 million State, Justice, Commerce appropria- resents at least the fourth proposal in would no longer be needed. The space tions bill. the 105th Congress, is a modification of was specifically designed to meet the On four occasions, the Federal judges the stringbean circuit. Again, no due business needs of the court of appeals. in the ninth circuit and the practicing diligence, no hearings, no study, no The executive office estimates, ‘‘It lawyers in the ninth circuit judicial testimony—nothing. would cost many tens of millions of conference have voted their opposition As I noted before, the proposal iso- dollars to modify the space to make it to splitting the circuit. The official bar lates Arizona. It combines Nevada. It usable by tenants other than the court organizations of Arizona, California, separates coastal States that have of appeals.’’ Hawaii, Idaho, Montana and Nevada, common maritime law. And that is Let me talk for a minute about the and the National Federal Bar Associa- why I say it is gerrymandering. I say if real risk of an impetuous political and tion, all have taken positions against it looks like a gerrymander, talks like gerrymandered split of the ninth cir- circuit division. No State bar organiza- a gerrymander, it probably is a gerry- cuit. tion in the circuit has taken a position mander. Forum shopping: Organizations and in favor of circuit division or what is Let’s talk about the costs inherent in entities whose activities cut across happening in this bill. what is happening here today. If this State lines, and those who sue them, Candidly speaking, this is a political bill passes and should go into law, would be able to forum shop to take ad- decision of Senators of the Appropria- splitting the circuit will require dupli- vantage of favorable precedents or to tions Committee to affect the legal cative offices of clerk of the court, cir- avoid those that are unfavorable. And I business of 50 million people in the cuit executive, staff attorneys, settle- suspect, frankly speaking, that this is United States with an arbitrary split, ment attorneys and library as well as just what is behind this split. Thus, an gerrymandered, of the Ninth Circuit courtrooms, mail and computer facili- additional burden would be placed on Court of Appeals. Candidly speaking,

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8044 CONGRESSIONAL RECORD — SENATE July 24, 1997 also, the ninth circuit is large. Cali- Twenty-three years ago, a commis- zona. And so in this bill, we have ac- fornia alone is predicted to be 50 mil- sion, the Hruska Commission, said the ceded to the wishes of the Senators lion people by the year 2025. Ninth Circuit Court of Appeals was too from Nevada and have left that State Whether the circuit should be split or large and should be divided; that no in the ninth circuit with the State of not, I can’t say. I strongly believe it is circuit court of appeals should have California. a decision that should not be made, more than 15 judges. The reasons, of That is the reason that the circuit, as however, either politically or in a cav- course, is collegiality, the prompt and it appears in the bill, is not contiguous. alier fashion. The decision should not effective administration of justice. Any But in the days of the Internet, of e- be made without study, without hear- other argument is simply a matter of mail, of faxes, of air transportation, ing, without comment from those law- delay, simply a matter of a mainte- there is nothing but history to require yers and judges whose clients are af- nance of the status quo. that circuits be made up of contiguous fected by it. The Ninth Circuit Court of Appeals If—and I say if—the circuit is eventu- States. And, of course, Alaska and Ha- should be divided. There have been waii have never been contiguous to the ally split, it should be the product of bills on this subject and hearings on diligence, of study, of hearing, of com- States in the ninth circuit. Nor has this subject in most of the Congresses Puerto Rico and the Virgin Islands to mentary. It should be part of an anal- from 1975, 22 years ago, to date. The ysis of how the circuit courts are func- the circuits to which they are at- very proposal that is before us right tached. tioning in the United States. There now, with minor changes, was rec- may well be a better split involving ommended by the Judiciary Committee Finally, the State of Hawaii, through other States. I don’t know, and I would in the last Congress and did not come its Senators, when it was determined hazard a guess that no one in this to a vote because it was clear that it there was to be a bill, elected, to my Chamber knows that either. would be filibustered as an independent delight, Mr. President, that it would But this does mean a careful study of vote. That is at least one of the reasons rather be in the smaller, the more inti- population should be undertaken. It that when he comes to the floor, the mate, the more collegial circuit, the means an even distribution of caseload chairman of the Judiciary Committee new twelfth, and that appears in the by judge, not a rammed-through cir- will recommend the rejection of this bill. Then when we asked the rep- cuit split that has a 52 percent higher amendment and supports the division resentatives of Guam and the trust ter- caseload for judges in this new ninth that is included in this bill. ritories of the Pacific, they said, while circuit than in the twelfth circuit. On But, Mr. President, before I get back they really don’t want to change that, its face, it is patently unfair. Anybody to the merits of the proposal, I want to of course, they prefer to stay with Ha- who looks at any split that says you express my deep concern over some waii. split it so that one set of judges has portions of the opposition that come to If the great majority of the Senators double the number of cases than the this bill from California and perhaps from the Northwest and from Arizona other—that doesn’t meet a simple test elsewhere. One of the reasons that the wish a new circuit that is so logical, of fairness. Senator from California can describe and if they have deferred to the wishes There should be a careful study of this bill as a gerrymander, one of the of the Senators from Colorado and Ne- precedents, of commercial law, of mari- reasons that she can call for delay is vada as to their desires, why should we time law, of the other aspects of prece- because the proponents of the division say no on the floor of the Senate to dents. California now has the largest have acceded to the requests of the those who wish the division? What consumer market in the United States Senators from the various States that business is it of the Governor of Cali- in Los Angeles; the third largest in the are affected by this division. fornia to tell us how the ninth circuit San Francisco Bay area. It is a huge Should we have another study com- should be constituted? I am deeply consumer market, and it is going to be mission? That study commission, if it troubled that Senators whose own bigger with all kinds of intercommuni- is remotely objective, will recommend wishes, reflecting what they think is cation among these States. the division of the ninth circuit not best for their States, have been re- There should be a study of costs. I into two, but into three new circuits, a spected, refuse so arbitrarily as they pointed out the duplication of staff, I proposition that this Senator feels to and their predecessors have for more pointed out the need for two new court- be highly appropriate. The only way to than two decades to accede to ours. houses when two already have been re- create three new circuits out of the furbished at a cost of $140 million for Mr. President, there are 28 positions present ninth circuit is to divide the the taxpayers. All of this is being done authorized for the Ninth Circuit Court State of California and to place it into without any study, any hearing, any of Appeals. There are 10 more requested two circuits: one centered in San Fran- commentary. It is not something of by those judges and approved by the cisco, the other centered in Los Ange- which this great body can be proud. Judicial Council. That is a collegial I notice that the distinguished Sen- les. circuit? At the number 28, three-judge That recommendation has been with ator from Nevada is here, and if I panels that are chosen by lot have 3,276 us for many years. That recommenda- might ask him, I believe he would like possible combinations of those three tion was incorporated into the first 10 minutes? I will be happy to yield to judges. You, Mr. President, one of the version of this bill. The two Senators him. youngest of our Members, could be ap- Mr. GREGG. Mr. President, if the from California are vehemently op- pointed to the ninth circuit, could Senator from California wouldn’t mind, posed to that recommendation, and I serve on it for 30 years, and the I would like to go from side to side. strongly suspect that if we go 2 years chances are you would never serve on Mrs. FEINSTEIN. I will be happy to and have another study commission the same panel of three twice in that do that. and it comes up with dividing Cali- entire period of time. That is Mr. GREGG. I yield to the Senator fornia, they will find a reason to object collegiality? from Washington 20 minutes. to it again and to filibuster the pro- The ninth circuit is slow from the The PRESIDING OFFICER. The Sen- posal. ator from Washington. So what did the sponsors of the divi- time appeals are filed until they are Mr. GORTON. Mr. President, there sion do? The sponsors of the division decided. It is notoriously reversed more can be no serious argument posed to said, ‘‘Fine, we will accede to the wish- frequently than in the case of any Members in body that it is not appro- es of the Senators from California. We other circuit. When I was attorney gen- priate, maybe beyond appropriate, for will make this a two-new-circuit bill.’’ eral of the State of Washington, we fig- all practical purposes necessary, for California will be left united. ured that if we could get the Supreme the proper administration of justice The Senators from Nevada, with Court of the United States to take cer- that the U.S. Court of Appeals—almost some real justice with respect to the tiorari from the ninth circuit, we had twice as large as the next largest court bill reported by the Judiciary Com- at least a 75-percent chance of winning of appeals and almost three times as mittee 2 years ago, stated that they in the U.S. Supreme Court, of causing large in population and in caseload as didn’t like the division; that Nevada it to repeal the circuit. the average circuit—should not be di- felt more drawn to California than it At one level, that is not a totally rel- vided. did to the Pacific Northwest and Ari- evant argument, because the two new

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8045 circuits would start with exactly the more considered approach. What we ing to be confirmed. We cannot even same judges they have now, and I can’t ought to do is have the Senate Judici- get them confirmed. Here is one, Wil- note any difference in philosophy from ary Committee hold hearings, conduct liam Fletcher, nominated in 1995; still those who come from the States in the an independent study to determine waiting. Richard Paez, the first month old ninth circuit under this proposal whether this or any other proposed cir- of 1996; still waiting. Margaret and the new twelfth circuit, and, of cuit division is necessary, find out McKeown, March 1996; still waiting. course, they are nominated by the what is the best way to do it, and not This goes on and on and on. same Presidents and confirmed by the just do it basically based on one vote Here is what we have in vacancies— same Members of the U.S. Senate. But with very little debate in a committee, 102 vacancies. This Senate has con- I suspect that if the judges who work then on the floor in an appropriations firmed six. together knew one another a little bit bill. We all give speeches of needing judi- better than they do now, there would Last year, the Senate unanimously cial reform and needing law and order. at least be a marginal improvement in passed a bill to create a bipartisan You have a whole lot of courts where, the number of times during which they commission to study if and how the because the U.S. Senate, because the are reversed. ninth circuit should be restructured. leadership of the U.S. Senate will not Mr. President, there is simply no jus- And that is what the House has done let us confirm judges, we have courts tification whatsoever for the mainte- this year. The amendment of the dis- where prosecutors have to kick cases nance of this huge and unwieldy cir- tinguished Senator from California out, that they have to plea bargain and cuit. The Senator from California said [Mrs. FEINSTEIN], is the same language everything else because there are not in 20 years, California itself will have as H.R. 908, the House-passed bill. enough judges to hear them. 50 million people. We have a wonderful What the Senator from California has Now, when you have proponents of First Circuit Court of Appeals, much done is a principled approach. It is also the split of the ninth circuit say it is smaller than the twelfth we propose in the approach supported by the major- because justice is being denied, the rea- this legislation. New York and Penn- ity of the judges and lawyers in the son justice is being denied is not geog- sylvania, that don’t have the popu- areas served. raphy; the real reason justice is being Are there problems in the ninth cir- lation of California combined, have al- denied is because judges are being de- cuit? Of course there are. Let me point ways been in separate circuits, and layed. out to you, it is a problem not caused they are both on the Atlantic Ocean, These are four well-qualified in the by the circuit, but by the U.S. Senate; and they both have to deal with the ninth circuit, four well-qualified peo- 9 of the 28 judgeships in the ninth cir- same kind of admiralty law. ple. In fact, they have the highest rat- cuit are vacant. There are nominees up No, Mr. President. The time has ings there are. One nominee has actu- here before the Senate. ally been favorably reported by the Ju- come. There have been hearings galore. As a result, the national average is diciary Committee, but no—no—action Those hearings have occupied a quarter 315 days to get a decision, but for the here. of a century. There have been bills re- ninth circuit, it is 429 days. We have What is happening, Mr. President, is ported. Another study, another delay, people in the ninth circuit who pay not something that is going to get only to be followed by another attempt taxes like everybody else but who have fixed by the Judiciary Committee, but to delay after that when a three-circuit to wait an extra 114 days. In fact, the is going to get fixed if the U.S. Senate division is proposed. ninth circuit canceled 600 hearings this does the duty it is supposed to. If we No, Mr. President. The time is now. year because we cannot get judges con- have judges here people do not like, The division is appropriate. It will not firmed to sit there. be the last in the history of the U.S. And what does that mean? It means vote them down. We held up the Dep- courts. But it seems to me we should that a multimillion-dollar settlement uty Attorney General of the United go ahead. From a personal point of of a nationwide consumer class action States, Eric Holder, week after week. view, I am somewhat unhappy that against a maker of alleged defective ‘‘Oh, we’ve got Senators, we cannot tell while we have done all we can to ac- minivans is not heard; a $71.7 million you their names, of course, but we have commodate California, California re- antitrust case involving the monopo- Senators who have real problems, real fuses to accommodate us. lizing of photocopy markets is not problems with this man. We can’t bring Mrs. FEINSTEIN addressed the there; an arsenic and lead poisoning him to a vote. We’ve got real prob- Chair. class action case with a $68 million set- lems.’’ The PRESIDING OFFICER. The Sen- tlement agreement is not being heard. We brought it to a vote. I asked for a ator from California. What is happening, Mr. President, is rollcall vote. I thought, well, at least Mrs. FEINSTEIN. How much time is that we go on and try to do little quick let all those Senators, unnamed Sen- remaining on our side, Mr. President? fixes because somebody wants to at the ators, who had an excuse for holding The PRESIDING OFFICER. Fifty- moment on an appropriations bill. the No. 2 law enforcement officer of eight minutes. What we ought to do, if we want to this country—I said, now we will know Mrs. FEINSTEIN. I thank the Chair. really do something to help justice in who they are, because, obviously, they Mr. President, I yield 10 minutes of this country, is for the leadership of have problems that they would hold up the time to the ranking member of the the Senate, that is, those who schedule this man all these months, so they will Judiciary Committee, Senator LEAHY. debate, in this case, the majority lead- vote against him. And the clerk called Mr. LEAHY. Mr. President, I have er, to take some of these judges and the roll. been on the Appropriations Committee allow us to confirm them. And do you know what it was? You for 20-some odd years, on the Judiciary The distinguished senior Senator know how many voted against him? Committee about the same amount of from Utah, the chairman of the Senate You say, maybe 30? Probably 20, 10, I time, and I understand that periodi- Judiciary Committee, is on the floor. ask my good friend, the ranking mem- cally, out of necessity, we have some He has been working hard to get judges ber? You know how many it was? items of legislation on the appropria- heard. But no matter how many we Mr. HOLLINGS. How many? tions. But this is about as amazing a hear in the Judiciary Committee, un- Mr. LEAHY. Zero. I cannot quite say step as we could take to determine the less they are confirmed on the floor of it—I cannot quite say it like my good fate of the ninth circuit on an appro- the Senate, it does not do any good. friend from South Carolina. He is the priations bill. At this point, incidentally, we have only person I know who can get five It is not the way to do it. We say we confirmed—and we are down to the sev- syllables in the word ‘‘zero,’’ but zero. are going to split the Nation’s largest enth month of this session—we have It was 100 to nothing; 100 to nothing. court of appeals on this appropriations confirmed six judges. We are about to But what we have is, while the Judi- bill. We have had no hearings, no testi- take another vacation. No more judges cial Conference, Chief Justice mony, no public deliberations on the will be confirmed. That is less than one Rehnquist was asking for more jus- proposed split before us. a month. tices, we have 27 vacancies in the court Well, the 45 million people that live There are over 100 vacancies. We have of appeals. We have all kinds of prob- in these nine Western States deserve a about 40 or so nominees up here wait- lems. And the ninth circuit is not

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8046 CONGRESSIONAL RECORD — SENATE July 24, 1997 going to be helped by politicizing it on dent, National Bar Association; Hugo cuit comprised of so many judges is en- an appropriations bill. Chavaino, President, Hispanic National tirely unmanageable and undermines The ninth circuit can at least be Bar Association; Paul Chan, President, important considerations of judicial helped by doing what the Senator from National Asian Pacific American Bar economy, efficiency and collegiality. California said, have a nonpartisan pro- Association; Howard Twiggs, Presi- dent, Association of Trial Lawyers of Because the circuit is so large its fessional panel look, make a rec- America; Sally Lee Foley, President, judges cannot sit together to hear ommendation, go to the Senate Judici- National Association of Women Law- cases en banc as do other circuits, and ary Committee, vote it up or down, yers; Juliet Gee, President, National accordingly the court has lost the nec- which is exactly what we should be Conference of Women’s Bar Associa- essary sense of judicial collegiality, doing on these judges. If we do not tion. and coherence of its circuit-wide case want them, vote them down. Mr. LEAHY. Mr. President, let us law. I would venture that there are as But what we have is always some also not add to the partisanship we many contradictory rules of law within mysterious person who has a problem. have had with stopping judges from the ninth circuit as there are within all But when we have to vote in the light being confirmed by now showing even the other circuits combined. This has, I of day, there is no mysterious person more of a capricious nature on the part believe, contributed to a trend by at all because they vote for them. So, of the U.S. Senate by splitting the which some ninth circuit judges feel Mr. President, I know there are others ninth circuit with no hearings, no de- totally free to disregard precedent, be who wish to speak. bate, no thoughtful consideration. it circuit precedent or even the Su- Mr. President, I ask unanimous con- I yield the floor. preme Court’s rulings. Just this past sent that a letter be printed in the Mr. GREGG addressed the Chair. term, the ninth circuit had an astound- RECORD addressed to Majority Leader The PRESIDING OFFICER. The Sen- ing reversal rate of 95 percent before LOTT from all the leaders of seven na- ator from New Hampshire. the Supreme Court. Twenty-eight of 29 tional legal groups, asking him to fi- Mr. GREGG. Mr. President, I just cases were reversed. And the usual rate nally move these judges that are being mention briefly there have been con- is no less than 75 percent of their cases held hostage. siderable hearings on this issue, testi- are reversed. One ninth circuit judge There being no objection, the letter mony before our committee on this has expressed chagrin at this regret- was ordered to be printed in the issue, and the matter has been around table situation, explaining that ‘‘the RECORD, as follows: and been discussed at length in a vari- circuit is too large and has too many AMERICAN BAR ASSOCIATION, ety of forums. cases—making it impossible to keep July 14, 1997. Mr. President, how much time do we abreast of ninth circuit decisions.’’ Hon. WILLIAM J. CLINTON, have? The third cost of having such a large The President, The White House, The PRESIDING OFFICER. Seventy- circuit is the resulting delay in having Washington, DC. seven minutes and eighteen seconds. cases decided. The ninth circuit is, in Hon. TRENT LOTT, The Majority Leader, U.S. Senate, Mr. GREGG. And the Senator from fact, one of the slowest in turning Washington, DC. California has? around case decisions from the time of DEAR MR. PRESIDENT AND MR. MAJORITY The PRESIDING OFFICER. Forty- filing. And, because of its size, some LEADER: Among the constitutional respon- nine minutes. cases, especially high-profile ones, ap- sibilities entrusted to the President and the Mr. GREGG. We have 77 minutes? pear to be subject to manipulation. Senate, none is more essential to the founda- The PRESIDING OFFICER. Yes. These important considerations have tion upon which our democracy rests than Mr. GREGG. I yield, in sequence, 5 persuaded me that the ninth circuit the appointment of justices and judges to minutes to the Senator from Utah and serve at all levels of the federal bench. Not- should be split. And, I am happy to re- withstanding the intensely political nature 20 minutes to the Senator from Mon- port that I believe some of my col- of the process, historically this critical duty tana, if that is acceptable. leagues on the other side of the aisle, has been carried out with bipartisan coopera- Mr. HATCH addressed the Chair. from States within the ninth circuit, tion to ensure a highly qualified and effec- The PRESIDING OFFICER. The Sen- will vote against the present amend- tive federal judiciary. ator from Utah. ment, and support the split provided There is a looming crisis in the Nation Mr. HATCH. Mr. President, I rise for in the present bill. brought on by the extraordinary number of today to speak in support of the appro- And finally, I would like to say a vacant federal judicial positions and the re- priations provision effecting a split of sulting problems that are associated with de- word about the way in which this pro- layed judicial appointments. There are 102 the Ninth U.S. Circuit Court of Ap- posed split has come to the floor. Some pending judicial vacancies, or 11% of the peals, and to respectively oppose the argue that a significant development number of authorized judicial positions. A amendment offered by my colleague like splitting a judicial circuit should record 24 of these Article III positions have from California. Splitting the ninth not arise in the context of an appro- been vacant for more than 18 months. Those circuit is appropriate at this time for priations bill—that the committee of courts hardest hit are among the nation’s three principal reasons: First, its size. jurisdiction, in this case the Judiciary busiest; for example, the Ninth Circuit Court The ninth circuit is the largest of the Committee, should have the oppor- of Appeals has 9 of its 28 positions vacant. At 13 federal circuits. Indeed, the ninth the district court level, six states have un- tunity to review and comment about usually high vacancy rates: 10 in California, circuit is larger than the 1st, 2d, 3d, this proposal. I could not agree more 8 in Pennsylvania, 6 in New York, 5 in Illi- 4th, 5th, 6th, 7th and 11th circuits com- with the proposition that this is a seri- nois, and 4 each in Texas and Louisiana. bined. The population of the States ous matter, deserving serious consider- The injustice of this situation for all of so- comprising the ninth circuit is ation. I point out, however, that the ciety cannot be overstated. Dangerously 49,358,941, almost one-fifth of the Na- Judiciary Committee has indeed exam- crowded dockets, suspended civil case dock- tion’s population. The size of the cir- ined the advisability of splitting the ets, burgeoning criminal caseloads, overbur- cuit also has an effect on the caseloads ninth circuit. In just the last Congress, dened judges, and chronically undermanned courts undermine our democracy and respect of the judges of the circuit. The ninth the Judiciary Committee held hearings for the supremacy of law. circuit’s caseload in recent years has on the subject, hearing from judges of We, the undersigned representatives of na- been in excess of 7,000 cases a year, far the circuit and others knowledgeable tional legal organizations, call upon the and away more than in any other cir- about the implications of a split. After President and the Senate to devote the time cuit. that hearing, the committee reported and resources necessary to expedite the se- The second reason to support this out a bill that, in many regards, is lection and confirmation process for federal proposal is a function of the first. The similar to the one before the Senate judicial nominees. We respectfully urge all ninth circuit’s size also negatively im- participants in the process to move quickly today. to resolve the issues that have resulted in pacts the internal consistency of law Accordingly, I am confident that the these numerous and longstanding vacancies within the circuit. There are currently Senate has before it today a well-con- in order to preserve the integrity of our jus- 28 seats on the ninth circuit, and many sidered and desperately needed pro- tice system. who are claiming that Congress should posal to divide the ninth circuit. This N. Lee Cooper, President, American Bar significantly add to that number at is a proposal that serves the interests Association; U. Lawrence Boze, Presi- least 10 more seats—so, 38 seats. A cir- of judicial efficiency, stable case law,

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8047 and equal justice for Americans within then they will have to live with that. they come? Should we break the ninth the ninth circuit. Then everybody will know exactly who circuit into three circuits? How will With all due respect, therefore, I are the people that are doing this, who our Pacific maritime law be affected? must take exception to the proposed are the judicial activists, the ones un- Before I participate in breaking up an commission my colleague from Cali- dermining the judicial system, and are institution that is more than 100 years fornia is now offering by way of an really causing California the pain, old, I want those—and many more amendment. I think the time for a split struggles, and difficulties that come questions—answered. of the ninth circuit is now. I believe we from an out-of-control, judicially ac- Mr. President, I also have another have studied the matter thoroughly, tivist Ninth Circuit Court of Appeals. concern. I find it interesting that sup- and that there is no need for further I yield the floor. porters of this rider so often refer to hearings or a commission. Mrs. FEINSTEIN addressed the the pace at which the ninth circuit Frankly, I would expect that, were Chair. does its business. Yet, these same Sen- we in fact to proceed with another The PRESIDING OFFICER. The Sen- ators have done little or nothing to fill commission, it would simply make a ator from California. the many vacancies plaguing the ninth recommendation similar to the Hruska Mrs. FEINSTEIN. Mr. President, I do circuit. An outstanding member of the report of nearly 25 years ago—namely, not see the Senator from Nevada at the Washington State legal community, to divide the State of California. I moment. How much time do I have re- Margaret McKeown, has been lan- don’t have any doubt in my mind that maining? guishing for nearly 2 years in this that is what a future commission will The PRESIDING OFFICER. The Sen- body. She has yet to receive a hearing. decide, because if you want to get pop- ator has 48 minutes 40 seconds. This is unconscionable and this has ulation equality, you are going to have Mrs. FEINSTEIN. I yield 5 minutes real impact on the administration of to divide California. This does not do to the Senator from Washington [Mrs. justice. To make the ninth circuit—or that, in deference to the Governor of MURRAY]. any circuit—work, we must have California and, I might add, the two The PRESIDING OFFICER. The Sen- judges. Let’s get the confirmation Senators from California, and to the ator from Washington [Mrs. MURRAY] process moving, and that will stop the various Congresspeople from Cali- is recognized. glacial pace that people are concerned fornia. And I might add, should this Mrs. MURRAY. Mr. President, I rise about. amendment succeed—the amendment in strong support of the Feinstein Finally, I want to remind my col- of the distinguished Senator from Cali- amendment. We simply should not— leagues that we have passed almost fornia—and a commission be created must not—divide the Ninth Circuit every fiscal year 1998 appropriations that ultimately recommends splitting Court of Appeals on an appropriations bill without contentious riders. We California, I may well be compelled, as bill. It is an irresponsible way to pro- should have learned from the disaster will others in this body, to support ceed with such a fundamentally impor- relief bill what can happen when these that split and finally put this matter tant question about how we best ad- riders dominate the process. I believe to rest. So this is dangerous stuff to be minister justice in the West. we should maintain the bipartisan ap- playing around with because I believe I want to remind my colleagues that proach we’ve used so far and avoid let- that there will be a split of California this body, the Senate, in the 104th Con- ting this important bill get bogged down with riders. if you go the commission route. gress twice approved a study commis- Let’s do our appropriations job right Now, while I recognize that many are sion bill. In June, the House of Rep- and let’s do the very serious job of re- greatly concerned about the prospect resentatives sent us a bill, H.R. 908, es- configuring the judiciary right. I urge of dividing the State of California, I tablishing a similar commission. That my colleagues to support the Feinstein have to tell everybody today that this bill is waiting at the desk for our ac- amendment establishing a commission is pretty certain to result if this tion. House Judiciary Chairman HENRY to guide the Congress on how best to amendment is enacted. HYDE has voiced his dismay at this end resolve any real or perceived difficul- I urge my colleagues to vote against run around his authorizing committee. ties in the administration of justice in the amendment offered by my col- Tuesday he wrote to Chairman HATCH, saying: ‘‘As you well know, altering the ninth circuit. league from California. I believe, in the I yield my time back to the Senator the structure of the Federal judicial best interests of all concerned, this is from California. an adequate and reasonable response. system is a serious matter. It is some- Mr. BURNS. Mr. President, I rise to And, frankly, we have given States thing that Congress does rarely, and oppose the amendment that would within the total area to be divided only after careful consideration.’’ strike the provision from the Com- their right to choose which circuit Mr. President, I am not necessarily merce, State, Justice appropriations they will belong to. I think that is an opposed to a split of the ninth circuit, bill to divide the Ninth Circuit Court of appropriate, reasonable, decent way to but I am adamantly opposed to an ap- Appeals. We have heard so much said proceed. Otherwise, we are just delay- propriation’s rider mandating such a today about how the bar associations ing this another 2, 3 years, and we will gerrymandered split. As Chairman oppose it, the judges oppose it, and no- come up with another split of Cali- HYDE suggested, we need judicial ex- body has said anything about the peo- fornia, which will be vigorously fought perts thoroughly analyzing the courts ple. Are they secondary in our justice against by Members of the California and advising us on what makes sense system? We are supposed to be serving delegation in both the House and Sen- from a national perspective. the people, and I think the bar associa- ate, and we will wind up right back With so many of those who work ditions do, too. I happen to believe that where we are, or California will be rectly in the ninth circuit opposed to they believe very strongly in the kind split. If it is split, I think it would be this split, it seems clear we need guid- of service that they deliver to their cli- to the disadvantage of California, as I ance before we act. The White House entele. But we haven’t heard that view it. opposes this split, the majority of today. I hope our colleagues will vote down judges on the ninth circuit oppose this If there were a judicial equivalent of this amendment, as well-intentioned as split, and the majority of bar associa- baseball’s famous ‘‘Mendoza line,’’ it is, and will vote for this split, be- tions of the affected States oppose this marking the mediocre batting average cause it would be a split that would, I split. Simply put, this is not the right of .200 below which players dread drop- think, bring about collegiality, and it way to proceed. ping, then the Ninth U.S. Circuit Court will bring about a better functioning We need answers to some important of Appeals would be laboring in the two circuits, and it will give the States questions first. How much will this farm leagues. who want the split a chance to have cost? Should we create a virtual one- In terms of the rate at which its deci- their own circuit, where they can work state court? Should Arizona become a sions are reversed by the U.S. Supreme together in the best interests of their part of the tenth circuit? Where should Court, the ninth circuit’s record for States. we place a new circuit’s courthouse? failure is practically unblemished. In If California continues to be the most How many judges should serve in each recent years, on average, more than 80 reversible set of judges in the Nation, circuit and from which States should percent of rulings by the ninth have

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8048 CONGRESSIONAL RECORD — SENATE July 24, 1997 been overturned. This past term, the which a panel of 11 judges decides the for 9 states and 2 territories, with a popu- Supreme Court reviewed 29 cases from most important cases. By relaying on lation of between 40 and 50 million people in the ninth circuit—it reversed, in part this approach, conflicting court deci- an area that encompasses about fourteen million square miles. The next largest cir- or in whole, an astonishing 28 of them. sions are common. The right hand cuit has a population of under 30 million. The ninth circuit in 1996–97 alone was doesn’t know what the left hand is California cases alone represent over half of reversed, often 9 to 0, on decisions as- doing. As a result, decisions by the the Ninth Circuit’s caseload and the number serting the right to die, requiring sher- ninth are often narrow and set few of judges exceeds by twelve the next largest iffs to conduct federally required but precedents for use by judges in other appellate court, the Fifth Circuit, and is six- unfunded background checks on people cases. teen more than the average appellate bench. who buy guns, and denying the right of In fact, several of the Supreme Court I cannot imagine anyone making a compel- groups who were economically harmed Justices criticized the Ninth Circuit’s ling argument that a judicial unit of government this size can be administratively effi- by the Endangered Species Act to sue en banc decision in Washington versus cient. even though the law gives legal stand- Glucksberg that the due process clause As you know, our system of jurisprudence ing to any person. of the 14th amendment guarantees relies upon the principle of ‘‘stare decisis’’ or While the high court undoubtedly critically ill individuals a limited right precedent. With a circuit and court so large, chooses many cases with the express to assisted suicide. Even some liberal most cases must be heard by smaller panels intent of reversing them, the ninth cir- members of the Court, such as Justice of judges, with increased reliance upon staff cuit this past year has wrecked the Ginsburg, expressed concern that the and summary procedures. With 28 judges, curve. For instance, the eighth circuit, there are over 3,276 combinations of panels Ninth Circuit opinion seemed to give that may decide cases that involve similar which had the second-most cases re- Federal courts a ‘‘dangerous power.’’ issues. This leads to conflicting and unpub- viewed, had a reversal-and-affirmance Size was a factor leading a congres- lished opinions, reduced communications record of only 4 to 4. sional commission in 1973 to urge split- among judges and little consistency in the But ‘‘this isn’t baseball,’’ says Judge ting the fifth and ninth circuits. Con- court’s determinations. The lack of consist- Stephen S. Trott of Boise, ID, accord- gress chose to split the fifth, while the ency in a court’s decisions, in turn, makes ing to a recent Los Angeles Times arti- ninth has become bogged down in polit- our system of justice unpredictable and un- cle. ical squabbles and has had to make due reliable. As a result, the body of established precedent in the circuit can be rendered Agreed. The jurisprudence of our with its enormous size. Federal appellate court system is far meaningless. There is, in essence, a diminu- One cannot make the argument this tion of precedent, which undermines the sta- more serious than a game. In my view, has not been heard, or that it has not bility and predictability of the law, and ac- the fact that the ninth circuit is unde- been studied when in actuality it has. tually leads to increased litigation. niably out of step with the rest of the Some press accounts have portrayed I have questioned whether the operational Nation is perhaps the least of the mul- the debate as a clash of party costs of such a large system are compara- titude of reasons to consider splitting ideologies, of conservatives who favor tively higher. Travel expenses and efficiency this giant court. the split versus liberals who do not. of judges and staff should be examined to determine if significant efficiencies could be First, the ninth circuit outstrips the But such a view is short-sighted. These other circuits in all measures of size, produced in a smaller circuit. It is not true press accounts overlook the bipartisan that a new circuit would result in attorneys both physically and legally. The ninth support behind dividing the ninth. For traveling to the same cities for argument as circuit encompasses a land mass the many of us, it is just as simple as before. Montana attorneys often are ordered size of Western Europe. Its nine States wanting a court that is closer in every to San Francisco for argument. and two territories—Alaska, Arizona, sense to the people it serves. The size of the Ninth Circuit also seems to California, Hawaii, Idaho, Montana, Supreme Court Justice Anthony Ken- bear upon the length of time it takes to make decisions. The median time to dispose Nevada, Oregon, Washington, Guam, nedy has publicly noted the merit of di- and the Northern Mariana Islands— of a case—from the time of filing a notice of vision. The U.S. Department of Justice appeal to the final decision on the merits—is stretch from the Arctic Circle south to has recently said ‘‘the sheer size of the 14.6 months. Arguments will be made that the United States-Mexico border and Ninth Circuit, even without its attend- much of this time is consumed by counsel west across the international dateline. ant management difficulties, argues rather than the Court; however, I can recall It has a population of nearly 50 million for its division.’’ Montana Governor as Montana’s Attorney General waiting a people, about 1 in 5 Americans, and is Marc Racicot, a former State attorney long time for the Court to decide cases for expected to grow by 43 percent over general, favors the idea. And I would which the record had been submitted months just the next 13 years. or years before. now like to submit a letter from Gov- Habeas corpus matters have taken up to 14 Second, the ninth’s caseload is the ernor Racicot supporting this split. years in one Montana case. It appears that largest. More than 8,500 appeals were Mr. President, I ask unanimous con- the legitimate interest of the public in filed last year, and that number is ex- sent that the letter be printed in the reaching final resolution in these cases is pected to jump by nearly 700 percent in RECORD. not given equal and appropriate consider- the next 25 years, making the ninth There being no objection, the letter ation when balancing the rights of peti- less than a model of fair and speedy was ordered to be printed in the tioners. The resulting delays invite the kinds of ‘‘recreational’’ use of the court system by justice. In fact, of the 11 regional cir- RECORD, as follows: cuits and the District of Columbia cir- inmates that we have seen in recent years. OFFICE OF THE GOVERNOR, Opponents of splitting the Ninth Circuit cuit, it ranks next-to-worst in the du- STATE OF MONTANA, argue that the larger the circuit the more ration of pending appeals—an average Helena, MT, July 22, 1997. consistency in federal law and mention that of 429 days, usually more for criminal Senator CONRAD BURNS, judges and attorneys have testified to a cases, compared to the national aver- U.S. Senate, Washington DC. sense of community which they enjoy with age of 315 days. DEAR SENATOR BURNS: I would like to sub- the existing appellate courts. As I noted in These delays are costly. Appeals take mit this letter in support of an amendment the beginning of my letter, the size of the time and money, and they’re putting to the appropriations bill for the Depart- Ninth Circuit bench has led to decision-mak- ments of Commerce, Justice and State, the the squeeze on my State. Litigants and ing by panel, the differing combinations of Judiciary, and related agencies for the fiscal which leads inescapably to a lack of consist- attorneys who must make frequent and year ending September 30, 1998. The amend- ency in precedential authority. And to argue expensive trips to San Francisco are ment would divide the Ninth Circuit Court of that judges and attorneys are comfortable pleading for reform. Appeals and create a Twelfth Circuit Court with the status quo is a position that, with Third, the problems of geography and of Appeals made up of the states of Alaska, all due respect, I would imagine falls deaf on population are two factors that con- Arizona, Hawaii, Idaho, Montana, Oregon, the ears of those who have been awaiting a tribute to judicial inconsistency on the and Washington. As you know, I have been decision from the Court for many months or ninth. Because the 28 judgeships of the supportive of this effort for a long time and years. ninth—nearly twice the maximum I continue to support the proposal for the I do not take the position that Montanans reasons stated below. can only find justice before a bench made up number recommended by the U.S. Judi- The Ninth Circuit, of which Montana is of Montana judges or judges from neigh- cial Conference—are scattered so far currently a part, is simply too large to effec- boring states. And I am not moved to my po- and wide, the court has experimented tively respond to the needs of those it serves. sition by the political arguments of interest with limited en banc proceedings in That Court has 28 judges making decisions groups whose position on S. 956 is based upon

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8049 whether they wish their particular body of organization Act of 1983. No action was reflect upon what the ranking member substantive law to change or remain the taken. of the Judiciary Committee said. The same. However, I do not believe that the On March 6, 1990, the Senate Judici- ninth circuit is doing an excellent job. original intent of the appellate court system, ary Subcommittee on Courts and Ad- They are reducing caseload. In fact, which was to establish circuits which reflected a regional identity by designating a ministrative Practices held hearings on even with nine vacancies, which the manageable set of contiguous states that S. 948, the Ninth Circuit Court of Ap- distinguished ranking member, the shared a common background, is consistent peals Reorganization Act of 1989. And senior Senator from Vermont, estab- with a circuit that serves twenty million there was no action taken. lished, the ninth circuit caseload is de- more people than most of the other circuits In 1990, the Intellectual Property and creasing—not increasing, decreasing. and covers fourteen million square miles. Administration of Justice Committee They have increased their termination Suggestions to divide the Ninth Circuit held hearings on H.R. 4900, the Ninth of cases by almost 1,000 from March Court of Appeals have apparently been pro- Circuit Court of Appeals Reorganiza- posed since before World War II. The Hruska 1996 to March 1997. They are doing a Commission (Commission on Revision of the tion Act of 1990. Still no action was good job even though they are handi- Federal Court Appellate System) in 1973 rec- taken. capped because the Senate won’t con- ommended dividing the Fifth and the Ninth H.R. 3654 died in committee without firm the vacancies that they now have. Circuits (the Fifth was subsequently divided, hearings. I, first of all, want to thank the dis- but not the Ninth). Opponents of dividing In 1995, the full Senate Judiciary tinguished Senator on the sub- circuits recommend a variety of alter- Committee held hearings on S. 956, the committee, Senator GREGG, for taking natives: consolidation of all circuits into one Court of Appeals Reorganization Act of into account my concerns about the large national court, dividing California into 1995. An amended version passed the split. I very much want this study to two different circuits, and finally the famil- Senate by voice vote, but it died in the iar solution of studying the problem further. go forward, the amendment that is now I hope Congress does not delay further cor- House Judiciary Committee. before this body. But if it doesn’t go recting a situation that penalizes those So it is not that this has not been forward, it is important that the State states in the Ninth Circuit for the incredible looked at and studied. It has always of Nevada recognize people—recognize, population growth that has occurred in Cali- gotten bogged down. as the chairman of the subcommittee fornia and is occurring in Nevada. Basically that is what we are talking recognized, that the State of Nevada is I strongly support the proposed amend- about here. We continue to talk about now the most urban State in America. ment, because I think it will solve some of the bar association doesn’t want it, the Ninety percent of the people live in the the problems mentioned above and end many judges of the ninth don’t want it. When of the frustrations we feel with the Ninth metropolitan areas of Reno and Las Circuit Court of Appeals. If I can be of fur- do we start listening to the people who Vegas. We have tremendously difficult ther assistance in your effort to pass this have to use it? judicial problems. Frankly, the way proposal, please let me know. Mr. President, I yield the floor. the State has changed populationwise Sincerely, I reserve the remainder of my time. is we have a great deal in common with MARC RACICOT, Mrs. FEINSTEIN addressed the the more populated areas of America. Governor. Chair. We feel that it would be unfair to Mr. BURNS. Mr. President, I would The PRESIDING OFFICER [Mr. BEN- have the split any other way than it like to read one part of the Governor’s NETT]. The Senator from California. now is. There may be other and better letter. He states ‘‘the Ninth Circuit is Mrs. FEINSTEIN. Mr. President, I ways to split this court. That is why simply too large to effectively respond yield 10 minutes of my time to the dis- this study is so important. That is why to the needs of those it serves.’’ State tinguished Senator from Nevada [Mr. the U.S. Senate last year passed a legislatures of the Northwest consist- REID]. study saying let’s take a look at all the ently and overwhelmingly call on Con- The PRESIDING OFFICER. The Sen- circuit courts before a decision is made gress to split the ninth circuit. ator from Nevada. as to how you are going to split the On the other hand, the bill is opposed Mr. REID. Mr. President, if a litigant ninth circuit. We all have a feeling by judges and lawyers in the ninth cir- in the ninth circuit, which covers the that the ninth circuit is large. It is cuit who would lose control over their areas that have already been spoken of, larger than most all of the other cir- fiefdoms. It is also opposed by special- has a case heard before a Federal dis- cuits. But the fact of the matter is, interest groups that apparently care trict judge or a bankruptcy court and how can we determine how it should be little about the troubles that are they are displeased with how the case split under the terms that it is now caused by the ninth circuit. turns out, they have a right to appeal being done; that is, before the Appro- Mr. President, as you may know, that case. Under the framework of the priations Committee? It is being done since I came to the Senate in 1989, I courts that we have now in this coun- for reasons that are not legal in na- have sponsored numerous bills and try, that is appealed to the Ninth Cir- ture. They are political in nature. amendments that would achieve a split cuit Court of Appeals in San Francisco. Judge Hug said, ‘‘By adding a circuit- of the ninth circuit and I commend the That is what we are talking about split provision as a rider to an appro- Commerce, State Justice, Sub- here today—what happens when a case priations bill, it would completely by- committee on their willingness to is appealed from a lower Federal court pass the Judiciary Committee and again take up the fight in the 105th to the ninth circuit, which is an inter- would seek to impose a new judicial Congress. It’s an old axiom that justice mediary step before it goes to the U.S. structure on nine Western States and delayed is justice denied. For too long Supreme Court. That is what we are the Pacific territories without appro- the people of the ninth circuit have talking about. It is extremely impor- priate hearings, public comment, or been caught in the cogs of the wheels tant if you are involved in the judicial independent research subsequent of of justice. I want to put a stop to this process. There isn’t a court that is such action.’’ inequity by dividing this court before more important than a circuit court, a Let’s, in effect, have the experts take its growth overwhelms us all. Federal circuit court of appeals. a look at what we should do. The House Mr. President, in looking at what has We are very fortunate in the ninth passed a compromise very comparable been said by some, that it has not been circuit to have the chief judge of the to what we did last year. The House heard, that it has not been studied, ninth circuit, not only one of the dis- passed a bill that says let’s have the let’s just take a look and see what has tinguished jurists of this country but Chief Justice, the President of the been done since. also a graduate of Stanford Law School United States, and the minority and In 1974, the Senate Judiciary Com- with a great academic record, but, majority leaders of the House and Sen- mittee held hearings on S. 729 to re- most important for this Senator, is a ate pick people to serve on this 10- align the fifth and ninth. It was re- Nevadan, born in Nevada, went to member commission and to report ported out of committee. Nothing hap- school in Nevada until he got into law back to us in 18 months as to what pened. school. We didn’t have a law school. should be done. On March 7, 1984, the Judiciary Sub- I have spent a lot of time with Judge I think it would even be better, while committee on Courts held hearings on Hug learning about the ninth circuit. I all of this is going on, to fill the nine S. 1156, the Ninth Court of Appeals Re- would ask the Members of this body to vacancies in the ninth circuit. People

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8050 CONGRESSIONAL RECORD — SENATE July 24, 1997 are really concerned about the admin- was driven primarily by a single factor. The around it. My guess is today it is a lot istration of justice. Let’s have the ma- commission believes that ‘‘no circuit should more about politics than it is about jority move those people through this be created which would immediately require justice, justice to the citizens of our body as quickly as possible. more than nine active judges.’’ That was a country who deserve a timely process realistic possibility 25 years ago. Today it is The fifth circuit, the most recently not. In fact, of existing circuits, all but one in the courts, and certainly with the split circuit, has only 1,000 fewer cases have more than nine active judges. With the ninth circuit court being as large as it than the ninth circuit, and the elev- nine-judge circuit a relic of the past, a new is, as other Senators have spoken to enth circuit, the other half of the most commission would have no reason to rec- this afternoon, justice appropriately recently split circuit, is the slowest ommend a division of California. A second and timely rendered is the question. circuit for filing the disposition. It is consideration is also relevant. The Hruska It has been mentioned—I believe the not the ninth circuit, even though we Commission held hearings in the ninth cir- Senator from Montana mentioned that are hamstrung and are short a signifi- cuit, and, although there was no consensus, the ninth circuit averages 429 days and several prominent California judges ex- cant number of judges. If you look at pressed support for the idea of dividing Cali- that the medium national time average the eleventh circuit, which has 1,000 fornia between Federal judicial circuits. is 315 days. When you are in the midst fewer cases than the ninth circuit, it I know that sounds implausible, but that of a lawsuit, do you set it aside? Do takes them longer to dispose of a case only underscores how much things have you quit spending money? Do you stop than the ninth circuit. changed since the Hruska Commission car- the retainer of the attorneys rep- So the ninth circuit should be com- ried out its work 25 years ago. Plainly, no resenting you? I doubt it. And that mended for the good work they are such support would be forthcoming today clock ticks on and the money accumu- doing with the limited resources they without a record such as the one of the lates, and the cost is high and justice have. Hruska Commission and with overwhelming opposition from the California bar, no com- goes unrendered. Mr. President, there are some who mission would recommend a division of Cali- Then the question in this very ex- say, ‘‘Well, it is important that we do fornia. For all these reasons the speculation tended court is to whether the justice this because California takes up so you referred to is totally without founda- is appropriate. The Senator from Utah much of the ninth circuit.’’ tion. Whatever recommendations the new referenced the number of times the Su- Another misstatement of fact: Cali- commission might make, I am confident preme Court this year has overruled fornia doesn’t do as much work in the that dividing California into circuits will not the ninth circuit. Those are all part of ninth circuit as, for example, the sec- be among them. the issues that brought the citizens of ond circuit. The second circuit, New Mr. President, in short, we should do Idaho to me and to my colleague, Sen- York, has 86 percent of the filings; the the right thing. The right thing calls ator KEMPTHORNE, to suggest that it ninth circuit, only has 55 percent. The for having experts report back to us in was time we dealt with this issue, that fifth circuit takes up 72 percent of the a reasonable period of time. If they it had been since 1973 that the issue filings; and the eleventh circuit, Flor- want to do it in a year, even though it was found to be one of division, one of ida, takes up 55 percent of the cases. would put a tremendous amount of the appropriate allocation of States, So, Mr. President, California is not work on them, I would accept that so money, and judges, and that simply has the glutton that people have alleged it that next year at this time we could not occurred. to be. They don’t take up as many of take appropriate action. But to go for- I hope that we would deal with this. the case filings as other circuits. ward the way we have done in the Ap- The bill before us today would put I would compare the qualifications of propriations Committee is bad. It is California, Nevada, Guam, and the the ninth circuit judges—those ap- bad legislation and makes this body Northern Marianas in the ninth cir- pointed by Republican Presidents and look bad, and it is bad legislation be- cuit. It would also create a new twelfth those appointed by Democratic Presi- cause it makes our judicial system circuit including Alaska, Idaho, Mon- dents—with any other circuit. From look real bad. It has never ever hap- tana, Hawaii, Oregon, and Washington. the finest law schools in America are pened before that we have divided a I am currently a cosponsor of Senator the judges who serve on the ninth cir- circuit court the way we are about to MURKOSWKI’s bill, S. 431, which splits cuit. Five of the senior judges in the do it now. The lives of people depend on the ninth circuit a little differently. ninth circuit were appointed by Repub- what we do today. Cases that are ap- However, I find the division in the lican Presidents; four by Democratic pealed to the U.S. Supreme Court come Gregg-Stevens amendment to be very Presidents. from these circuits. I suggest we follow well though out and fair. I think either There has been a lot of talk in this the recommendation of the amendment split of the ninth circuit would work body about the Hruska Commission. that is now before this body. much better than the current organiza- The Hruska Commission said, in 1974, The PRESIDING OFFICER. The Sen- tion of the ninth circuit. you should split the circuits. But let’s ator from New Hampshire. The subject of dividing the ninth cir- listen to what the experts said about Mr. GREGG. I yield 15 minutes to the cuit split has been discussed now for that. I have a letter here dated July 17, Senator from Idaho. many years. In fact, as long as 1973, the 1997, from Arthur Helman, Professor of The PRESIDING OFFICER. The Sen- Hruska Commission suggested the Law at the University of Pittsburgh. I ator from Idaho. ninth and fifth circuits should be split. will read parts of this letter. This is Mr. CRAIG. Mr. President, I thank Although the fifth circuit was divided, written to the president of the Cali- the chairman for yielding in opposition the ninth was not. Ever since then, the fornia State Bar Association. to the Feinstein amendment and hope debate about splitting the ninth circuit Again, as the Deputy Executive Director of that the Senate would concur with the has roared on. the Hruska Commission, and as a scholar findings of the committee. Commerce, Frankly, Mr. President, I am per- who has studied the ninth circuit extensively State, Justice appropriations has dealt plexed why there is any question about during the intervening period, I am in as in what I believe is an appropriate way this proposal. The ninth circuit is by good a position as anyone to shed light on with the issue of the ninth circuit the largest circuit in the United this matter. My conclusion is unequivocal. court. There should be no surprises. Such speculation is baseless. States. It currently employs 28 This is simply not a new issue. I have judges—11 more than any other circuit. Mr. President, this isn’t some lawyer always felt, and I think many concur, The U.S. Judicial Conference has called from California or some professor from that if you want to not resolve an any circuit with more than 15 judges California or anyone in the ninth cir- issue, you create a commission and unworkable. I guess that means, in the cuit. This is the professor in the School study something once again, and we opinion of the Judicial Conference, we of Law at the University of Pittsburgh. know that this has been studied and have an unworkable situation. My conclusion is unequivocal. Such specu- recommendations have been made. The ninth circuit currently serves 45 lation is baseless. The circumstances that In 1973, the Hruska Commission sug- million people. This is 60 percent more led to the Hruska Commission are no longer present, and there is absolutely no reason to gested that the ninth and the fifth cir- than the next largest district. The Cen- think that a new commission would endorse cuits be split, and the fifth circuit was sus Bureau has estimated that by 2010, such a proposal. Let me be more specific. split, the ninth was not. There was the population in the ninth circuit will The Hruska Commission recommendation simply too much political controversy top 63 million people, an increase of 40

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8051 percent. The situation has worsened of just such a commission was to split Hruska Commission in 1973, and the since the Hruska Commission sug- the ninth circuit. It has grown since principal authors of that report, Judge gested a split of the ninth circuit—a then, and is continuing to grow. The Charles Wiggins of Nevada and former trend certain to continue with further proposed split has been discussed for Deputy Executive Director of the delay. many years now, including Senate Ju- Hruska Commission, Professor Arthur Over the years of debate on this diciary hearings. There is more than Hellman, agree that its recommenda- issue, there has been much discussion enough data currently in the record to tion to split the ninth circuit is out- of inconsistency and unmanageable make an informed decision, and that dated and they oppose a split without caseloads. I would like to change the decision should be to split the ninth first conducting a study. And that, of focus of the argument for just a mo- circuit. course, is what the pending amendment ment and instead look at the impact on Mr. President, this situation has is about, to have a study first. the people of the ninth circuit, which been a long time in coming. It is now Now, we hear many comments in this includes the people of Idaho. The size time for us to act. The split of the fifth Chamber, and I heard them in com- of the ninth circuit also has quite an circuit worked 25 years ago, so there is mittee, about the delay at the ninth effect on these individuals. no reason we should not expect similar circuit. Any delay in total case proc- The ninth circuit averages 429 days success with the ninth circuit. It is essing time is clearly due to unfilled from filing to concluding an appeal. time that we recognize the competing vacancies. I have heard this over and This is much longer than the national interests of the differing regions in the over. There are 28 judicial seats on the median time of 315 days. This affects ninth circuit and split them up. I ask ninth circuit. Of these 28, there are the individuals who resort to the judi- that my colleagues support the split of only 19 active judges. So clearly we cial system to resolve a dispute in the ninth circuit in the interest of re- have not done our job here, and it their lives. It’s been said that people in turning swift, efficient justice to the seems to me justice delayed is justice this country want and expect swift, ef- people of the ninth circuit. denied, and we better get busy. ficient justice and I think they deserve The PRESIDING OFFICER. Who We have some excellent nominees it. yields time? pending before the Senate and before It is not fair for the people in the Mrs. FEINSTEIN addressed the the Committee on the Judiciary. And I ninth circuit to be subjected to this in- Chair. tell you, I have been quite frustrated efficiency. People want their disputes The PRESIDING OFFICER. The Sen- that we cannot seem to get these nomi- to be solved quickly so they can go on ator from California. nations up before the body but yet we Mrs. FEINSTEIN. I yield 5 minutes with their lives. A lawsuit has the abil- can seem to bring a split of the ninth to the distinguished Senator from Cali- ity to consume everything else in one’s circuit with all its ramifications here fornia, my colleague, Senator BOXER. in lickety-split time without much life. In the ninth circuit, it consumes The PRESIDING OFFICER. The Sen- their lives for a longer period of time. study. I find it very, very ironic when ator from California. we have the most qualified candidates Also, during this extended process, Mrs. BOXER. I thank the Chair. I these individuals are forced to continue who have been selected by Republicans thank my colleague. I stand in favor of and Democrats alike sitting and wait- paying legal fees. Mr. President, I ask the pending Feinstein amendment calling here in excess of a year and a half, you if 100 extra days in litigation ing for a study to decide whether the 2 years. sounds like swift justice. people would be better served by split- We hear about the high reversal rate The huge backlog that develops can ting the ninth circuit and, if so, how to at the ninth circuit, and clearly there lead to different sorts of problems in split the ninth circuit. is a high reversal, if you look at it this the Northwest. The economic stability Mr. President, I am very fortunate at way —28 of 29 cases. However, the Su- of the Northwest is threatened when this time to be sitting on the Appro- preme Court elects to hear only a tiny suits involving, for example, the tim- priations Committee, and I knew when fraction of the more than 4,000 final ber industry are forced into the back- I took a seat on that committee it was dispositions issued annually by the cir- log of inefficiency. very powerful. Mr. President, I know cuit. So thousands of cases stand and It is unquestioned that the ninth cir- you sit on that committee as well, and then 28 of 29 that they chose to hear cuit covers a huge area. However, when we are proud to be there. But, in my they reversed. that is combined with the 7,000 new fil- opinion, I never believed the Appro- But, Mr. President, it is interesting. ings the circuit had last year, it be- priations Committee would take it Four other circuits have higher rever- comes almost impossible to keep upon itself to determine how to split sal rates than the ninth circuit. The abreast of legal developments in the the ninth circuit. It seems to me if we first, second, seventh, and D.C. circuits circuit. The result is everchanging ju- are going to undertake this, it ought to are all reversed 100 percent of the time. dicial patterns that inevitably make be a study. The study ought to go to We also hear that California judicial conflicting rulings. This leads to judi- the Judiciary Committee, of which my philosophy dominates the ninth cir- cial inconsistency, which is not good distinguished colleague, Senator FEIN- cuit. Ten of the circuits’ nineteen ac- for the system, or the people who seek STEIN, is a member. That is the proper tive judges actually sit outside Cali- relief through the system. This might way to serve the people we represent. fornia: Arizona, Nevada, and Idaho help to explain the fact that the ninth Congress has redrawn circuit bound- each have two judges; Montana, Wash- circuit has an 82 percent rate of rever- aries only twice since creating the ington, Oregon, and Alaska each have sal by the Supreme Court of the United modern appellate system in 1891. So one. And the circuit judges are evenly States. Mr. President, I ask you if this only twice has Congress stepped in. split between Republicans and Demo- sounds like efficient justice. Congress has never divided a circuit crats. Of the court’s 19 active judges, Opponents of this legislation argue without the support of the circuit Mr. President, 10 were nominated by that the extreme size and population of judges and the organized bar. The Republican Presidents and 9 by Demo- the ninth circuit is not enough of a judges and lawyers of the ninth circuit cratic Presidents. So many of the argu- reason to support a split. However, overwhelmingly oppose the split with- ments that we hear today seem to me that was the exact reason for the split out first studying it. The Federal Bar to be rather specious. of the former eighth circuit, which cre- Association and the bar associations of Then we hear the argument that this ated the tenth circuit. It was also the California, Arizona, Nevada, Montana, is very cost efficient, but no one talks exact reason for dividing the fifth cir- Idaho, and Hawaii have all passed reso- about costs of the splitting up of the cuit and creating the eleventh circuit. lutions expressing their opposition to ninth circuit, and those would be sub- In fact, as I said before, when the fifth splitting the circuit. The Ninth Circuit stantial. Creation of a new twelfth cir- circuit was split, it was suggested that Judicial Council, the governing body cuit would require duplicate offices of the ninth circuit be split as well. for all the courts in the ninth circuit, clerk of court, circuit executive, staff Opponents also argue for the need of is unanimous in their opposition to attorneys, settlement attorneys, li- a new commission to determine the splitting the circuit. braries, courtrooms, and mail and com- need for a split of the ninth circuit. The last time splitting up the ninth puter facilities, at an annual cost of Twenty-five years ago the suggestion circuit was studied was during the $1.3 million.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8052 CONGRESSIONAL RECORD — SENATE July 24, 1997 Now, it may be that this money in this bill to divide the Ninth Circuit I applaud him on that. It is long over- would be well spent. I certainly am of the U.S. Court of Appeals. This may due. Therefore, I must rise in opposi- very, very open to splitting this court. not be the most perfect solution to a tion to the Senator from California, for That is not a problem for me. The prob- difficult problem, but I believe that it whom I have the utmost respect. She lem for me is how we go about it. Be- provides a platform from which to re- and I happen to have served as mayors fore we invest this money every year lieve the caseload and reversal rate of in this country at the same time. I pre- plus the $3 million startup costs, and the Ninth Circuit Court of Appeals. fer it when we are on the same side of an additional $2 million for leasing Serving more than 45 million people an issue. I look forward to that day space, it seems to me we ought to have and spanning 1.4 million square miles, again. a study. the Ninth Circuit Court of Appeals The time to alleviate the problems So I strongly support the Feinstein handles more than 8,500 filings a year— being faced by the ninth circuit has amendment. I am proud to be a cospon- with a reversal rate of 96 percent. By long been passed. It is time for us to sor of it. I hope that wisdom will pre- the year 2010, the ninth circuit popu- deal with this. The proposal to realign vail. lation will increase in size by 43 per- the ninth circuit was first considered I thank the Chair for its patience. I cent. by the Senate nearly 25 years ago. For thank my colleague. While my colleague from California 25 years we have known that we should The PRESIDING OFFICER. Who may argue that this is an issue for fur- be at this point, that we should have yields time? ther study, I would like to remind my made the decision long ago. Yet, the Mr. GREGG. Mr. President, I yield 5 colleagues that the Senate has studied option presented by this amendment minutes to the Senator from Oregon. this issue for almost a quarter century would only serve to further delay this Mr. SMITH of Oregon. Mr. President, and has reported legislation to split long overdue realignment. And further I have a prepared statement, but I am the ninth circuit on three separate oc- delay serves only to deny access to jus- going to divert from it and frankly just casions. Clearly, the time has come to tice to the people who fall under the ju- speak from my heart, from my experi- act. risdiction of the ninth circuit. ence. My experience is not long in this I want to conclude by reading the The immense size of the ninth circuit Chamber. But my experience among comments of some judges who support is one of the problems. The next closest the people of Oregon is very recent. what is happening here, because some circuit in size is the sixth. The sixth And my experience there with people have been read to the reverse. circuit has a population of just under causes me to rise in opposition to the Mr. President, we are not simply leg- 30 million people. The ninth circuit has amendment of the Senator from Cali- islating without just cause. The judges nearly 50 million people—70 percent fornia. I am reluctant to do that for a that serve in the ninth circuit have more people than does the sixth. And personal reason. I am one of Senator given us cause to act without further the problem will only get worse be- FEINSTEIN’s great admirers. She may delay. Judge Diarmuid O’Scannlain cause, over the next 12 years, the not know that, but I think she is a ter- from my state of Oregon has stated: States which make up the current rific human being. But I have an obli- We (the ninth circuit) cannot grow without ninth circuit are expected to grow by gation to speak as best I can for the limit. As the number of opinions increases, 43 percent. people who elected me. we judges risk losing the ability to know So here we have a problem that is 25 I believe this may be an imperfect what our circuit’s law is. In short, bigger is years in the making and getting worse, process. Maybe it should not be a rider not necessarily better. The ninth circuit will and now we can see the projections to a bill. But I am very aware that for ultimately need to be split. that it is just simply going to be driven 25 years this issue has been debated in I replaced a great senator, Senator to the point that access to justice is this Chamber, and we have had study Mark O. Hatfield who served in this absolutely impossible. As a result of after study after study, and what we Chamber for 30 years. He said: the tremendous caseloads, adjudication are beginning to develop is a feeling The ninth circuit’s size has created serious by the ninth circuit is unnecessarily among the electorate that when going problems: too many judges spending more and unfortunately slow. Recent figures for justice in the ninth circuit, that time and money traveling than hearing indicate the time to complete an ap- justice will be denied. So I think there cases, a growing backlog of cases which peal in the ninth circuit is 40 percent is a lot of frustration on the part of threaten to bury each judge, a dangerous in- longer than the national median. many of us here that we have to do ability to keep up with current case law, a The people of the ninth circuit are breakdown in judicial collegiality and, most simply not served by the unneeded whatever we can and stop studying and importantly, a failure to provide uniformity, stop delaying and start doing. So I feel stability and predictability in the develop- delay experienced within the circuit. very strongly about this. ment of federal law throughout the Western The question before us, therefore, is I have heard many arguments today region. It is increasingly clear that these not a question of politics. It is a ques- that have merit on a procedural basis. problems cannot be solved by the reforms al- tion of fairness. The judges in the Yes, maybe many of the legal profes- ready implemented by the Court. These ar- ninth circuit simply cannot keep up sion oppose this. But many people sup- guments adequately state the case for the di- with the number of cases which are port this. vision of the circuit. We delay at our peril. being decided. It is nearly impossible We have heard charges of gerry- Mr. President, justice delayed is jus- logistically for judges within the cir- mandering. I have a map of the United tice denied. I ask my colleagues to join cuit to know the law as it is being de- States and the circuit courts of this me in opposing this amendment. cided within the circuit, and therefore country. They are saying we are gerry- I yield the remainder of my time. you see inconsistencies, you see prob- mandering on the west coast of the The PRESIDING OFFICER. The Sen- lems with not staying up with deci- United States, but I notice that nearly ator from New Hampshire. sions that have been made elsewhere every State on the east coast of the Mr. GREGG. Mr. President, how within the jurisdiction, and therefore United States is in a different circuit. much time is left on both sides? we see the cases being overturned. There are five circuits that cover the The PRESIDING OFFICER. The Sen- So, should the people of the ninth Eastern United States, and those cir- ator from New Hampshire controls 46 circuit have to continue to face the un- cuits have the lowest reversal rates, minutes. The Senator from California necessary delays and judicial uncer- taken together, of any region in the controls 27 minutes. tainty which is becoming commonplace country. I think we need to change it. Mr. GREGG. Does the Senator from within the circuit? Should the judges So I rise to support what Senator California mind if we take another of the ninth circuit continue to be bur- GREGG is doing. I thank him for that. I speaker? dened with a system which prevents thank him for his leadership. He Mrs. FEINSTEIN. Not at all. the kind of collegiality which is nec- doesn’t have a dog in the fight of the Mr. GREGG. I yield to the Senator essary for effective decisionmaking? ninth circuit, but a lot of us do. So I from Idaho for 10 minutes. Any objective analysis of these ques- thank him for that. Mr. KEMPTHORNE. Mr. President, tions reveals that the answer must be I join my colleagues in opposition to may I commend the Senator from New no. And, if the answer is no, then we this amendment to strike the provision Hampshire for his efforts on this issue. must act now to split the ninth circuit

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8053 and provide the people within this ju- diction of the Judiciary Committee on not like the decisions being rendered? risdiction the access to justice which this matter. If there was ever an issue Does this Congress really want to sup- all Americans expect and are entitled that deserved to be considered in a port what is essentially judicial gerry- to. Speaking for the people I represent, thoughtful and careful manner by the mandering? I hope not. The ninth cir- I say that it is fundamentally unfair to Judiciary Committee, it is the issue of cuit serves nine Western States and deny the people of Idaho justice. Yet, reforming our Federal court system. has been one circuit for more than 100 the amendment of the Senator from The Commerce, Justice, State appro- years. Whenever the issue of splitting California would continue the kind of priation bill is clearly not an appro- the circuit is put to a vote of the injustice that was exposed nearly a priate venue to debate an issue of this judges and lawyers in the circuit, the quarter of a century ago. magnitude, one that will have far- vote has been overwhelmingly to retain In reviewing a proposal of this mag- reaching policy implications, not only the circuit as it is currently con- nitude, I believe it is important to for those of us in the West but for the stituted. speak with those who are most familiar entire Nation. Who better than those judges who with the situation. With this in mind, The Ninth Circuit Court of Appeals comprise the circuit and those lawyers I asked Idaho’s attorney general, Al Reorganization Act of 1997 would refor- who represent litigants before the Lance, to share his views with me. I be- mulate the ninth circuit to include ninth circuit to determine whether or lieve his words are worth repeating at California, Nevada and the Pacific ter- not the ninth circuit is working effec- this time. He said: ritories, and create a new twelfth cir- tively or not? My concerns regarding the ninth circuit cuit consisting of Alaska, Arizona, Ha- It has been my experience that nei- include its unwieldy size, inconsistency in waii, Idaho, Montana, Oregon and ther judges nor lawyers have been shy decisions issued by its various panels, exces- Washington. about stating an opinion when they sive delay in the issuance of those decisions, In the 104th Congress, the distin- think something needs to be changed. as well as the circuit’s very high reversal guished senior Senator from Wash- The last study of the Federal Circuit rate when its decisions are reviewed by the ington introduced legislation that Court of Appeals was by the 1973 U.S. Supreme Court. Furthermore, it is my would have placed California, Nevada, Hruska Commission. A fellow Nevadan, firm belief that in view of the unwieldy nature of the circuit as it is presently config- Arizona, Hawaii and the Pacific terri- the Honorable Charles Wiggins, a ninth ured, that the true significance of regional tories in the ninth circuit. That legis- circuit court judge, served as a member and local issues is neither fully appreciated lation was later modified by the Judi- of that commission. Parenthetically, by the court nor reflected in the court’s deci- ciary Committee to establish a new Judge Wiggins first served as a Repub- sions. Establishing a new Twelfth Circuit ninth circuit consisting of California, lican Member of the House before serv- Court of Appeals will resolve these concerns Hawaii and the Pacific territories, and ing on the ninth circuit. In a letter to and, at the same time, reduce the average I have been further advised that at one California’s senior Senator, he stated: case processing time by over 400 days to a time a proposal was floating around My understanding of the role of the circuit time period consistent with most other cir- courts in our system of Federal justice has cuits. that would divide northern and southern California into separate circuits. changed over the years from that which I In closing, I would like to quote an- I mention these various iterations of held when the Hruska Commission issued its other friend of mine who is the Gov- dividing the ninth circuit to make the final report in 1973. At that time, I endorsed ernor of the State of Idaho, Phil Batt. the recommendations of the Commission point that there is a variety of views as With regard to the ninth circuit, he calling for a division of the fifth and ninth to how best to address the ninth circuit stated: circuits. I have grown wiser in the suc- The court has been overloaded for a long and whether or not it should be di- ceeding 22 years. time, and it is in the interest of everyone, es- vided, and, if so, how it should be di- We should heed Judge Wiggins’ expe- pecially justice, to split it. vided. But in my view, it is clear the rience—act wisely and not precipi- That is what this debate is truly proposal to divide the ninth circuit is tously in dividing this circuit. about: justice. I urge my colleagues to more reflective of an act of political The last time a circuit court of ap- vote for justice and to vote against the expediency than the prudential con- peals split was in 1980 when the fifth amendment which is before us. Ameri- cerns related to the administration of circuit was divided and the eleventh cans are entitled to justice and they justice. The sponsors of this provision created. It should be noted that the are entitled to access to the justice claim that the ninth circuit is unable judges of the fifth circuit unanimously system, and it is being denied cur- to effectively manage its caseload be- requested the split, a situation we rently in the ninth circuit. The rem- cause it has grown too big and that the clearly do not have with the ninth cir- edy, as proposed by the Senator from solution to this perceived problem is to cuit. New Hampshire, is before us. It is a divide the circuit. But this, I fear, is In a recent letter, Judge Wiggins quarter of a century overdue. It is time only a smokescreen, for the real reason wrote me: for us to take the right action and pro- splitting the ninth circuit being pro- Circuit division is not the answer. It has vide that access to justice for all Amer- posed at this time is simply that many not proved effective in reducing delays. The icans. do not like the decisions rendered by former fifth circuit ranked sixth in case Mr. President, I yield the floor. the circuit. processing times just prior to its division The PRESIDING OFFICER. The Sen- While they will not admit that one into the fifth and eleventh circuits. Since the division, the new fifth circuit is still ator from California. purpose of dividing the ninth circuit is to change the substantive outcomes of ranked fifth or seventh, while the new elev- Mrs. FEINSTEIN. Mr. President, I enth circuit now ranks 12th, the slowest of yield 10 minutes to the distinguished decisions, the sponsors have made clear all circuits. The Ninth Circuit Court of Ap- Senator from Nevada, [Mr. BRYAN]. their displeasure with many decisions peals judges are the fastest in the Nation in The PRESIDING OFFICER. The Sen- issued by the court, particularly in the disposing of cases once the panel has re- ator from Nevada. area of natural resource protection. ceived the case. Mr. BRYAN. I thank the senior Sen- Surely not all of the decisions in the So the ninth circuit would appear to ator from California. ninth circuit, or for that matter any take the appropriate administrative Mr. President, I rise to support the circuit, come down the way that all of steps to manage its caseloads through amendment offered by the senior Sen- us would like. I, myself, have cospon- innovative ways that other circuits use ator from California. In my view, and I sored legislation that would reverse as models. speak as one who has appeared before the effect of some of the ninth circuit The ninth circuit disposes of cases in the ninth circuit as an attorney, the decisions. But I do not believe that dif- 1.9 months from oral argument to ren- provision included in this appropria- ferences over the decisions rendered by dering a decision. That is less than the tion bill to divide the ninth circuit and the ninth circuit are an adequate basis national average by 2 weeks. This cur- create a new 12th circuit is inappro- to split the circuit. rently makes the ninth circuit the sec- priate, ill-conceived and ill-advised. I What kind of precedent would the ond most efficient circuit in the coun- must express my dismay that my col- Congress then be setting? Would a cir- try. leagues on the Appropriations Com- cuit court of appeals face possible re- So it is obvious the circuit has recog- mittee have seen fit to usurp the juris- configuration whenever Congress does nized caseload management is an area

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8054 CONGRESSIONAL RECORD — SENATE July 24, 1997 that needs improving and is success- 2010, not very far away, the Census Bu- As the number of opinions increase, we fully addressing it. reau estimates that the ninth circuit’s judges risk losing the ability to keep track I find it particularly ironic that in population will be more than 63 mil- of precedents and the ability to know what this political environment in which lion, a 43-percent increase in just 13 our circuit’s law is. In short, bigger is not better. budget decisions are hotly debated and years. Talk about not doing anything new expenditures are closely watched rash. This population is increasing out Another sitting judge on the ninth that a new circuit would be proposed, of control. We better start doing some- circuit, Judge Andrew Kleinfeld, because it is estimated that a court- thing now. agrees: house alone would cost some $60 mil- On the issue of accountability, Mr. With so many judges on the ninth circuit lion and there would be additional President, and that is most important, and so many cases, there is no way a judge costs that would be involved in the the only factor more disturbing than can read all the other judges’ opinions. . . It’s an impossibility. transition period. So, therefore, we the geographic magnitude of the cir- would face the continuing cost of oper- cuit is the magnitude of its ever-ex- Now there you have it, Mr. President. ating an additional circuit court when, panding docket. The ninth circuit has Two statements from two sitting at this point, no determination has more cases than any other circuit. Last judges about what the problem is. been made in a fair and objective way year alone, the ninth circuit had an as- Some today argue that the Senate is that dividing the circuit is necessary. tounding 8,502 new filings. It is because acting in haste. This is entirely untrue. In my view, the ninth circuit has of its caseload that the entire appellate The concept of dividing the ninth cir- worked well for the nine Western process in the ninth circuit is the sec- cuit is not new. Numerous proposals to States it serves and will continue to do ond slowest in the Nation. How do they divide the ninth circuit were debated in so into the future. For those who be- explain that? As a former chief judge, Congress since before World War II. lieve the ninth circuit must be split, I Judge Wallace of the ninth circuit, More recent congressional history in- urge the support of the Feinstein stated: cludes: A 1973 congressional commission to amendment to establish a commission It takes about 4 months longer to complete to review the structure and the align- an appeal in our court as compared to the study realignment with the circuit ment of the Federal courts of appeals. national median time. court, chaired by Senator Hruska, which strongly called for division of This is a thoughtful and prudent way Former Chief Justice Warren E. the ninth circuit. to address this issue. Burger put it more succinctly when he Congressional hearings have been When the information necessary to called the ninth circuit an ‘‘unmanage- held in 1974, 1975, 1983, 1989, 1990 and determine whether any circuits need able administrative monstrosity.’’ 1995. their geographical jurisdiction changed Let’s look at this reversal rate which A split of the ninth circuit has been is available, we can then debate this I want to talk to you about, because reported from a Senate committee on issue more intelligently, having been there is the issue of accountability. three occasions, Mr. President. thoroughly informed as to the facts. Our responsibility of judicial oversight How long do we have to wait? Divid- But let us not split the ninth circuit at demands action now. Unfortunately, ing the ninth has been studied, debated this time. this massive size often results in the and analyzed to death. It is time for ac- Mr. President, I yield the floor. decrease in the ability of the judges to tion. The PRESIDING OFFICER. Who keep abreast of legal developments I have one final chart. This is a state- yields time? within this jurisdiction. The large ment from retired U.S. Supreme Court Mr. GREGG. Mr. President, I yield number of judges scattered over a large Justice Warren Burger: the Senator from Alaska 10 minutes. area inevitably results in difficulty in The PRESIDING OFFICER. The Sen- reaching consistent circuit decisions. I strongly believe that the ninth circuit is far too cumbersome and it should be divided. ator from Alaska. This judicial inconsistency has led to Mr. MURKOWSKI. I thank the Chair. continual increases in the reversal rate U.S. Supreme Court Justice Anthony Mr. President, I rise to oppose the of the ninth circuit decisions by the M. Kennedy who reviews, if you will, amendment offered by my good friend, U.S. Supreme Court. the appeals, has this opinion: the Senator from California, the During the last Supreme Court ses- I have increasing doubts and increasing amendment which would strike the sion, the Court reversed 19 of the 20 reservations about the wisdom of retaining provisions of the bill to divide the cases that it heard from the ninth cir- the ninth in its historic size, and with its historic jurisdiction. ninth circuit into two separate circuits cuit. That is an astounding 95 percent of more manageable size and certainly reversal rate. How do they explain Honorable Diarmuid O’Scannlain, more manageable responsibility. that? They don’t. It is embarrassing, I ninth circuit: The division of the ninth circuit is would think, for the judges. The Su- We (the ninth circuit) cannot grow without warranted for three very important preme Court holds the circuit account- limit. . . As the number of opinions in- reasons: its size and population; its creases, we judges risk losing the ability to able to the tune of a 95 percent reversal caseload; and its astounding reversal know what our circuit’s law is. . . rate. It’s about accountability, Mr. rate by the U.S. Supreme Court. Who President. Judge Kleinfeld currently sitting on holds the ninth circuit court account- Here is the relative ninth circuit re- the court: able? It is the U.S. Supreme Court. versal rate: 95 percent in 1996; 83 per- The ninth circuit is too large and has too Let’s talk about size and population. cent in 1995; 82 percent in 1994; 73 per- many cases—making it impossible to keep I have a chart here which shows the cent in 1993; 63 percent in 1992. abreast of ninth circuit decisions. magnitude of the area covered by the Why does this reversal rate continue Our own former Member, a Senator ninth circuit. The ninth circuit is, by to increase? Because the circuit is sim- from Alabama, former Alabama Su- far, the largest of the 13 judicial cir- ply too big. Intracircuit conflicts are preme Court Chief Justice Howell Hef- cuits, encompassing nine States and the result. Ninth circuit Judge lin, who we have the greatest respect stretching from the Arctic Circle in my Diramuid O’Scannlain, a sitting judge for: State to the border of Mexico and on the ninth circuit, described the Congress recognized that a point is reached across the international date line. That problem as follows: where the addition of judges decreases the ef- is how big it is. fectiveness of the court, complicates the ad- An appellate court must function as a uni- We are not against California or Ne- ministration of uniform law, and potentially fied body, and it must speak with a unified vada. What we want is a recognition of diminishes the quality of justice within a voice. It must maintain and shape a coherent circuit. timely judicial action. body of law. A circuit judge must feel as Population: The second chart I have though he or she speaks for the whole court That is our own former Senator. shows the number of people served by and not merely an individual. As more and Finally, recently retired Senator the ninth circuit. Over 49 million peo- more judges are added, it becomes harder for Mark Hatfield: ple are served by the ninth circuit, al- the court to remain accountable to lawyers, The increased likelihood of intracircuit most 60 percent more than are served other judges, and the public at large. conflicts is an important justification for by the next largest circuit. By the year Listen to that, ‘‘the public at large.’’ splitting the court.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8055 There you have some of the most re- money matter. This is true and true very fast growing. And there is no spected people we know relative to this new authorization language that has question that the caseload will con- subject. The Commerce, State, Justice no place being on our appropriations tinue to grow at least in proportion to bill splits the circuit in a rational way. bill. the population. The States of California and Nevada, In our full committee mark of the Phoenix, AZ, is now the sixth largest due to their large population, particu- bill, Senators REID and BOXER asked city in the country. Arizona is, I be- larly of California, and the rapid popu- the committee to create a commission lieve, the fastest growing State in the lation growth of Nevada, will comprise to study the state of all the circuits country. So not only do we have a situ- the new ninth circuit. The balance of and make recommendations according ation in which we are growing very the States of the circuit will form the to the big picture. The rationale behind rapidly, along with Nevada and Cali- new twelfth circuit. The 49 million this is to let the experts who know and fornia, but the proposed amendment residents of the ninth circuit are the understand our circuit courts tell us would result in a division of the circuit persons who suffer. Many wait years what they think before we do anything which would affect my own State of before cases are heard and decided, drastic. Expanding Federal caseloads is Arizona. So I speak to that issue. prompting many to forgo the entire ap- a nationwide problem requiring a na- Now, it is not my suggestion, Mr. pellate process. tionwide solution. We can’t sit here on President, that the circuit be divided. In brief, the ninth circuit has become our appropriations bill and pretend to There is a division of opinion in Ari- a circuit where justice is not swift and be experts as to what’s best for the zona on that that suggests that the justice is not always served. We have ninth circuit or all the circuit courts, bench and bar are split. I do not think known of the problem of the ninth cir- especially without ever having any there is a clear consensus in my State cuit for a long time. It is time to solve hearings on the topic, and especially as to whether the circuit should be di- the problem. It is time for action now, not knowing how much our decision vided, but I think there is a pretty and it is time for timely justice. will cost us. Believe me, splitting the clear recognition that it will be. It will I urge my colleagues to reflect on ninth circuit court will without a happen sooner or later. It is inevitable, this reality and the responsibility that doubt incur upon us additional costs as several of my colleagues have al- this Senate has to address it. Let’s not that we haven’t even begun to predict. ready pointed out here. There is no forget that reversal rate relative to the So I urge my chairman and my col- question, because of its size and other chart on my right. I am going to leave leagues to listen when I say that this factors, the circuit is going to be di- that up as I yield the remainder of my issue must go. We need to give this to vided one way or another. time, because this is the real story, Mr. the Judiciary Committee where I have The question is how will it be di- President. Here is the accountability of confidence they will make an informed vided? On that question I think we the court, the Supreme Court of the and thorough decision in a field that is have to look at this question of size, United States, and the number of cases theirs and theirs alone. population, growth, caseload growth, that they have reversed. It is abso- Mr. GREGG. Mr. President, can the and so on. Because if, for example, you lutely embarrassing and, as a con- Chair advise us of the present time sta- divided the circuit the way it calls for sequence, action should be taken by tus? in the bill, the caseload division would this body now. The PRESIDING OFFICER. The Sen- be as follows: The circuit comprised of This is nothing against my good ator from New Hampshire controls 30 California and Nevada would have 63 friends from California or the State of minutes; the Senator from California percent of the cases, and the remainder California. This just happens to be the controls 19 minutes. of the circuit would have 37 percent of reality of the court that we are forced Mr. GREGG. Mr. President, I suggest the cases. That is about a 2-to-1 divi- to operate under. To suggest that to the Senator from California, if it is sion, showing just how big California somehow we don’t like the decisions is agreeable, that we move to the Senator is. Probably in terms of caseload, the absolutely silly and unrealistic. These from Arizona for 5 minutes while we sounder way to do it would be just to decisions are made on legal merits, as work on a possible unanimous consent have California. It would still be about they should be. They have nothing to agreement for a vote. 60–40 in favor of California versus all of do relative to the location of the court. Mrs. FEINSTEIN. That is acceptable. the rest of the States in the circuit. This court is simply overworked and is Mr. GREGG. I yield 5 minutes to the But I gather that the proponents of unresponsive to the public, as indicated Senator from Arizona. this have decided to accommodate by the Supreme Court’s reversal rate. Mr. KYL. Mr. President, I thank my States who have expressed a willing- Mr. President, I thank the floor man- colleague for yielding. This proposal to ness, through their Senators, to be ager. I yield the floor. divide the ninth circuit is especially added to California or to remain with Mr. HOLLINGS. Mr. President, in the important to my State. California, and that Nevada has done bill before us, we have in there some- Mr. GREGG. May I ask the Senator that, as a result of which, to accommo- thing called the Ninth Circuit Court of from Arizona to suspend for a second date Nevada, it has been put with Cali- Appeals Reorganization Act of 1997. It while I propound a unanimous consent fornia. is hidden in the back of the bill within request? Now, if Arizona were to be added to the general provisions, but boy, does it Mr. KYL. Sure. that circuit, as some people suggest— have great import. This language asks Mr. GREGG. Mr. President, I ask again, there is division of view on us to split the ninth circuit court into unanimous consent that the vote occur this—the caseload would be 73 percent two circuits—the ninth circuit would on or in relation to the pending Fein- for the Arizona, Nevada, California cir- include California, Guam, Nevada, and stein amendment at 7:45 p.m. this cuit; 27 percent for the rest of the cir- the Northern Mariana Islands while the evening; and further, that the time be- cuit. Obviously, that is not a good divi- twelfth circuit would include Alaska, tween now and then be equally divided sion for the circuits. So I have had to Arizona, Hawaii, Idaho, Montana, Or- in the usual form, and that there be no consider it from both a perspective of egon, and Washington. Needless to say, amendments in the second degree. my State and what makes sense how to I am certain my friends from these The PRESIDING OFFICER. Is there approach this issue. It clearly does not States will have something to say objection? Without objection, it is so make sense, from a caseload division, about this matter. ordered. to divide the circuit in a way that While there will be Senators here to The Senator from Arizona. would add the three fastest growing talk about the pros and cons of split- Mr. KYL. Thank you, Mr. President. States—Arizona, Nevada and Cali- ting this ninth circuit court, I would As I said, this provision in the bill to fornia—together. I think it is bad like to say to my colleagues that this divide the ninth circuit is very impor- enough to add Nevada and California is neither the time nor place to be tant to the State of Arizona because together, though I do not deny that Ne- talking about this issue at all. As far Arizona is the second largest State in vada has a right to be with California as I can tell, this is a matter that be- the existing ninth circuit, both in if they desire. But it will soon be un- longs in the most able hands of our Ju- terms of population and caseload. It, balanced and soon be the largest cir- diciary Committee. This is not a California, and Nevada are all three cuit in the country.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8056 CONGRESSIONAL RECORD — SENATE July 24, 1997 Mr. President, in the end, I conclude cuit court judges have a 50 percent Conference have voted in opposition to I will not oppose this proposal. I would greater caseload per judge than do the splitting the circuits. The official bar like to add two comments to those that twelfth circuit court judges. organization of Arizona—as recently as have been made by my colleagues. The Senator and I discussed these July 14, a few days ago—and the bars of First, there has been a suggestion that kinds of issues a year or so ago. I hope California, Hawaii, Idaho, Montana, this circuit would be gerrymandered. I you will recall when we were discussing and Nevada, and the National Federal do want to suggest that that is not this in the Judiciary Committee. Bar Association, all have taken posi- true. It is not true politically. The di- There is a letter dated July 18 of this tions against the circuit division. No vision of Democrat and Republican year to Senator REID from Chief Judge State bar organization to this day has nominees would be exactly the same Procter Hug. What Judge Hug points taken a position in favor of circuit di- with the new division as it would be out is: vision, let alone this division. under the existing circuit. So I do not Under the bill, the Ninth Circuit is to have Now, let me try to begin to summa- think that anybody believes this is 15 judges and the Twelfth Circuit is to have rize here. about gerrymandering in a political 13 judges. The Ninth Circuit would have a I believe strongly—and I think the sense. The percentage of Democrats 50% greater caseload per judge than the other side knows I do not throw these and Republicans would be the same. Twelfth. comments around loosely—that this is Moreover, it is not a geographical ger- He goes on and shows the total for really being done for the wrong reasons rymandering. It simply takes two of California, Nevada, Guam, Northern and in the wrong way. I think some the States of the circuit and leaves the Marianas, with a total caseload of people did not like some of the deci- remaining circuit as it is. 5,448. sions, specifically in mining and graz- Again, I would prefer that Nevada re- With 15 judges, the caseload per judge—363 ing. For some it is being done because main with the rest of the circuit to cases, then the caseload for Alaska, 204; Ari- they think they will get more judges have a more evenly balanced caseload. zona, 891; Hawaii, 204; Idaho, 141; Montana, for their State. I have had Senators Nevada wants to go with California— 175; Oregon, 626; Washington, 871, with a tell me that directly. For some, a new total of 3,112. courthouse is attractive. fine. That creates the anomaly that With 13 judges, the caseload per judge—239 Arizona is divided from the rest of the The point is, the House of Represent- cases. That is one of my big objections. One atives has passed the very bill, the circuit. But in the day of air travel, I thing I would just bet my life on is, as a amendment of which I am carrying do not think that is a particularly dif- product of a study, there will be a fairer dis- here in the Senate. This proposal, not- ficult problem for us, particularly tribution of judges. withstanding anything anyone has since the committee has seen fit to des- Mr. KYL. Will the Senator yield? said, as a member of the Judiciary ignate both Seattle and Phoenix ad- Mrs. FEINSTEIN. If it is on your Committee for the last 41⁄2 years ministrative sites of the circuit. So time, I would be happy to yield. —there has never, Mr. President, in the you have both a northern and southern Mr. KYL. That would be up to Sen- time you’ve been there, there has never administrative site. I know in the ex- ator GREGG. I am going to agree with been a hearing on this split. There has isting ninth circuit, cases are argued in you, so perhaps—— never been a discussion of the ramifica- Mr. GREGG. I have no problem with Phoenix, Seattle, Los Angeles, San tions of this split on legal precedent or Francisco, and so on. Because of its that. This colloquy can be on our time. Mr. KYL. I want to say, we discussed forum shopping. There has never been size, you have to accommodate the input from the judicial council, from the allocation of judges before. The travel needs of the parties, the liti- the judges, from the bar associations Senator is exactly correct. I totally gants. So there is an accommodation on this split. That is fact, Mr. Presi- agree with you there should be a fair to that. And it would exist in this new dent. That is fact. circuit as well. allocation, meaning that it should be Yet, an appropriations committee But at least the people in the new in rough proportion to the caseload, has stolen the jurisdiction of the Judi- circuit would not have to travel to and the projected caseload, not just the ciary Committee and moved ahead and California. So it seems to me that, on existing caseload. Therefore, if that proposed a split a few weeks ago—2 balance, maybe the best of a difficult means that there should be a different days later they had a split which split situation has been made. I should say, division of the judges vis-a-vis the California in half—the next day that the best has been made of a difficult States in the new circuit, I would not was gone and there was the split we are situation. That is how to make a divi- only have no objection to that, but I faced with today. That is why I say it sion that results in a fairly even dis- would join the Senator from California is a gerrymander. tribution of cases, No. 1, and that does in assuring that that is the case. If this were a map before a court on not divide the State of California, This was not my proposal, as the an electoral district with Arizona which I objected to along with Senator Senator from California knows. But I floating out here alone, they would FEINSTEIN. So in the end, Mr. Presi- would suspect that the proponents of say, aha, it is a gerrymander. Yet it dent, conceding that division is ulti- this amendment would be very happy can be done by a committee that does mately going to occur, it seems to me to ensure that that distribution of not even have authorizing oversight ju- that this is a division that makes judges is made a part of the legislation. risdiction, and, bingo, it is before the sense. Therefore I will not oppose it. At least, I would work with the Sen- full body. I really have a problem with Mrs. FEINSTEIN addressed the ator from California to assure that that. I do not think that is right. Chair. that would be the case. I happen to agree with my chairman, The PRESIDING OFFICER (Mr. SES- Mrs. FEINSTEIN. I very much appre- California is going to have 50 million SIONS). The Senator from California. ciate that, and I take you at your people by the year 2025. We should take Mrs. FEINSTEIN. I think the distin- word. However, what this legislation a look at whether or not the interests guished Senator from Arizona knows I does will be the law if it is accepted by of justice would be carried out by split- greatly respect him, from working to- the House. ting the largest circuit in the Union. I gether on other issues. I think we work Mr. MURKOWSKI. Could I ask my do not have a problem with that. very well together. friend from California a question? What I do have a problem with is I want to directly address something Mrs. FEINSTEIN. Of course. worrying, aha, is this being done be- that he has said about the fairness of Mr. GREGG. At this time I would cause Montana does not like a mining this split, particularly with respect to have to reclaim my time because we do decision? Is it being done because the size. I say to him, that isn’t the have some additional speakers. So any Washington does not like a timber de- issue. The issue is how the judges are additional colloquy should come off the cision? Is it being done because some- split. I say to the Senator, this legisla- time of the Senator from California. one else doesn’t like another decision? tion splits the judges. The way in Mrs. FEINSTEIN. If I may just make Is it being done because a state wants which it splits the judges is 15 judges my quick statement here. an additional judge? for the ninth circuit, and 13 judges for On four occasions, the Federal judges I mean, this is a very real and perti- the newly formed twelfth circuit. Now, of the ninth circuit and the practicing nent consideration because never be- the caseload means that the ninth cir- lawyers of the Ninth Circuit Judicial fore in the history of the Union has a

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8057 circuit been split in this manner. So it The PRESIDING OFFICER. The Sen- ciate the courtesy of the manager of is indeed very, very important. ator has 11 minutes. the bill. No consideration of costs. I pointed Mrs. FEINSTEIN. I yield the floor Mr. President, we have studied this out the Pasadena and San Francisco and reserve the balance of my time. matter to death. The issue, in 1973, was courthouses; $140 million has just been Mr. MURKOWSKI. Will the Senator spent on them. My goodness, I can see from California yield for a question? recommended by Senator Hruska and the spot done now on television. ‘‘They The PRESIDING OFFICER. Who the Hruska Commission was created. It spend all this money.’’ I believe there yields time to the Senator? recommended then, in 1973, that the is no way you can build new court- Mr. MURKOWSKI. I ask for 1 minute. ninth circuit court be split. Every Con- houses, and staff them with duplicate Mr. GREGG. Mr. President, I yield gress we hear the same thing from the positions, and not have it cost at least the Senator from Alaska a minute. large delegation in the House and the $100 million in 1997 dollars. And do you Mr. MURKOWSKI. I believe the Sen- two Senators in the Senate from Cali- know what? This goes into place, Mr. ator from California indicated, Mr. fornia: we need more study. I think President, in October of this year. President, that new California judges that is what we are hearing again This is almost the end of July, and would have a 50 percent increase in now—have another study. then there’s August, September, and caseload, and the Senator from Cali- It has only been 24 years now that we October 1 this goes into effect. No hear- fornia indicated that would not be ing; no study; no talk; no what do you enough judges. I wonder if she meant have been studying since the first com- think, bar of Arizona; what do you to say that, in the new ninth circuit, mission reported. But, of course, we do think, bar of Nevada; what do you there would be 63 percent new cases need the advice of another commission. think, bar of Alaska; or what do you and 53 percent judges, and in the Mr. President, I am a California law- think, bar of Idaho? It doesn’t meet the twelfth circuit, there would be 37 per- yer. I was raised in California, and I am smell test. That is the problem for me. cent new cases and 42 percent judges, pleased to have that background. But I Now, let me talk—— which are the figures that we have tell you, in all sincerity, I cannot be- Mr. MURKOWSKI. Will the Senator from the committee, which hardly relieve that we can continue this situa- yield for a question? flect a 50 percent increase in the case- Mrs. FEINSTEIN. If I may finish my tion. This chart—I am not sure it can load. be seen, Mr. President. This chart thought, the point has been made—and Mrs. FEINSTEIN. Mr. President, I the distinguished Senator from Alaska shows the population and caseload of would be happy to respond. I am read- the circuits. Clearly, the population is made this point very well—that 28 out ing from a letter dated July 18, signed almost 50 million people in the ninth of 29 cases of this session were reversed by Procter Hug, Chief Judge, U.S. circuit, and it requires some change by the United States Supreme Court. Court of Appeals for the Ninth Circuit. when, clearly, the average of all of the Bingo, it is a terrible circuit. Well, let What he points out is—he is using what me say that that is only 28 cases out of I believe is current caseload. I would be others is somewhere around 20 million over 4,480 cases. It is the largest cir- happy to share this with the Senator. I people. cuit. That is a very small percentage of read this accurately: I want to address the concern spoken the cases it successfully adjudicated. to, I think, by my good friend from Ha- Let me just go back to Judge Hug’s The total caseload filings in California, Ne- vada, Guam and the Northern Marianas waii, Senator INOUYE. It has been 13 letter because I believe there is some- would be 5,448. The filings in Alaska, Ari- years now since a Hawaii resident was thing important here. The caseload per zona, Hawaii, Idaho, Montana, Oregon, and appointed to the ninth circuit. Four- judge in the ninth circuit would be 124 Washington would be 3,012. teen judges have been seated on the cases per judge higher than the twelfth The point is, with 13 judges, the circuit, or 52 percent greater, as I have circuit since that time, but Hawaii was twelfth circuit would have 239 cases per never recognized. Senator INOUYE has said, than the twelfth. judge. The ninth circuit would have 363 Then he raises this: included an amendment in this provi- cases per judge. That is an unfair allo- sion that guarantees that at least one The provision in the bill for coequal clerks cation of cases per judge. in the twelfth Circuit is completely unwork- Mr. MURKOWSKI. I will not further judge will be appointed to the circuit able. How can it be efficiently administered court of appeals from the new circuit, in this way? Is the administration of the cir- comment, other than to point out that I don’t think it is a fair statement to when it is created, from each State. cuit to be done in two separate, coequal Now, I think the Senate should listen headquarters? Where would the circuit exec- suggest that California judges would utive be located? have a 50 percent increase in caseload, to that kind of frustration and should These are all questions that need to because that is not reflected. listen to the frustration of those who be answered. This thing would go into Mrs. FEINSTEIN. The Senator mis- see how long it takes for a case to be effect on October 1. No question is an- understood me. If I might respectfully decided by the Ninth Circuit Court of swered. get this straight—— Appeals. Then Judge Hug says in his letter: Mr. MURKOWSKI. I have no further Mr. President, I said the other day Consider the travel time and expense of the questions. that the Ninth Circuit Court of Appeals judges. Presumably, the judges from Alaska Mrs. FEINSTEIN. Mr. President, I judges come to our State. They come and Montana will need to travel half of the will reclaim a moment of my time to during the summer, and they have a time to Phoenix, and the Arizona judges will say this. Let me quote the chief judge: need to travel half the time to Seattle. Pres- delightful time visiting our State. In The ninth circuit would have a 50 percent ently, the circuit headquarters in San Fran- greater caseload per judge than the twelfth the wintertime, all our people fly south cisco is equal distance, and the air routes circuit. and some of our lawyers like that. But convenient. This would not be the case in the the litigants don’t like it because the new twelfth circuit. I don’t know whether That letter is here. Anyone can see that’s good or bad. My point is that it ought it. average time that an appeal is pending to be looked at. If we had been able to move I yield the floor and reserve the re- before the ninth circuit is so long, it ahead, and the House and the Senate agreed mainder of my time. puts a great burden upon our States, on the study, it would have been done by Mr. GREGG. Could the Chair advise the smaller States in this circuit. now. The study would have been done by us of the time status? Now, in 1995, the Senate Judiciary now. It is a year and a half ago. It would The PRESIDING OFFICER. The Sen- have been done by now. Instead, we are faced Committee report showed that New ator from New Hampshire has 14 min- York accounted for approximately 87 with another arbitrary proposal for a split. utes and 48 seconds. We are rushing it through. It is an arbitrary percent of the second circuit docket; Mr. GREGG. And the Senator from split. No one has looked at costs, or at fair Texas cases were approximately 70 per- distribution of judges; no one has heard from California? The PRESIDING OFFICER. She has 9 cent of the fifth circuit docket. We a judge or from a bar association on this have considered splitting the ninth cir- split; and no members of any of the bars of minutes 2 seconds. any of the States have indicated their sup- Mr. GREGG. I yield to the Senator cuit before several times since I have port for this—none, zero, zilch, none. October from Alaska, the chairman of the com- been in the Senate. Mr. President, the 1, it goes into play. It does not make sense. mittee, 9 minutes. overload of the ninth circuit is now How much time do I have remaining, Mr. STEVENS. Mr. President, I shall such a serious problem, and it is only Mr. President? not use that much time. I do appre- going to get worse if we continue to

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8058 CONGRESSIONAL RECORD — SENATE July 24, 1997 talk about another commission to dis- ranking minority member of the Judi- century ago. And that has been resisted cuss whether this split should take ciary Committee said that this is the by lawyers and judges who are com- place. wrong way to act. The Senator from fortable with the present situation, The appellate process, for almost California says this is the wrong way with the wonderful travel opportuni- one-fifth of the citizens of the United to act because it is on an appropria- ties they have, and rank that conven- States, will continue to be inadequate. tions bill. ience ahead of the convenience of indi- I believe we are doing California a Yet, 2 years ago when a bill prac- viduals seeking justice before those favor by splitting this court. They are tically identical to this was reported courts who can be served far better, far the only State that has one circuit all by the Judiciary Committee, after full closer to home, with far more under- to itself, all to itself—well, Nevada hearings and a full debate, they ob- standing, if this division becomes law, could make the decision to join if they jected to it even being debated on the than if we simply say, ‘‘Oh, let’s wait. wish. But the establishment of tribu- floor of the U.S. Senate. Now for the Let’s have another study. And let’s let nals is a responsibility of the Congress, first time we have an opportunity to do that study come up with the same re- not of a commission. It is one of our so. sults we did before. And then we will most important responsibilities under This Senator has favored this flip have another excuse to oppose the divi- the Constitution. I believe the Senate since the early 1980’s. And this is the sion.’’ will shirk its responsibility if we do first time we have ever been able so That is what we got when we heard, not act to correct this problem of the much as to debate it on the floor of the on the one hand, ‘‘Fine, let’s have the ninth circuit, and I urge the Senate to U.S. Senate. study, and we will agree with it. But, do what this amendment would do: cre- The arguments against the proposal no, we can’t divide the circuit because we have a brandnew $140 million court- ate a new twelfth circuit and allocate for split are essentially procedural. ‘‘Oh, no, we have not had enough hear- house in San Francisco.’’ to it the States that are suffering No, Mr. President, it is time for the ings. We have not talked about it for a greatly by the current crowded situa- Senate of the United States to deal long enough time. There have not been tion and long delays in the Ninth Cir- with this question as a matter of sub- enough study commissions.’’ cuit Court of Appeals. stance today. It is time to do justice. It There have been hearings for decades. I thank the Chair and yield back the is time to reject this amendment and There has been a debate for decades. It balance of my time. pass this bill. Mr. GREGG. Mr. President, does the simply cannot be argued in any kind of Mrs. FEINSTEIN addressed the Senator from California have any addi- rationale manner that a circuit with Chair. tional speakers? this number of States, with 14 million The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. I would like to square miles of land and water, with al- ator from California. know how much time I have remaining, most 50 million people growing more Mrs. FEINSTEIN. Mr. President, I if I might. rapidly than any other part of the believe I have 9 minutes remaining on The PRESIDING OFFICER. Nine country, with 28 authorized judges at my time. I would like to yield 7 of minutes. the present time, 10 more requested on them to the distinguished Senator Mrs. FEINSTEIN. I reserve the bal- top of that, can be a collegial body, a from Delaware, the former chairman of ance of my time. court that can understand the cases the Judiciary Committee. Mr. GREGG. Does the Senator plan that come in front of it, a court in The PRESIDING OFFICER. The Sen- to close? We have one additional speak- which the members can even learn the ator from Delaware. er. I will have that speaker go if the names of the other members of the Mr. BIDEN. Thank you very much. Senator is planning to close as the court. Mr. President, this is not the right final speaker. Of course a division is appropriate, way to do this. Let me repeat that Mrs. FEINSTEIN. I will speak after and the division that is being discussed again. This is not the right way to do the Senator from Washington. here today is the division, if there is to this. If the circuit were to be split, we Mr. GREGG. I yield the balance of be one, that the Senators in opposition should do it in a way we have done it our time to the Senator from Wash- asked for. in the past. ington. We are criticized because the bill When some of my colleagues who The PRESIDING OFFICER. The Sen- changed in form as it got in front of us. have argued for the split in the past ator from Washington. Well, California is not divided because have come before the committee, they Mr. GORTON. Mr. President, the the Senators from California ask that have said some of the following things. The argument is, ‘‘Well, the reason we Senator from California makes a seri- it not be divided. And we went along. ous argument: we should not split the Nevada remains a part of the ninth want a split is we don’t want to have the court, basically a California-domi- circuits because we will waste the $140 circuit because the Senators from Ne- nated court, making judgments for the million investment in a courthouse in vada asked that that be the case as San Francisco, except that we can split folks in my State. We are different.’’ against the bill that was reported 2 And I point out to my colleagues who the circuits if this so-called study com- years ago. say that, you know, it is a funny thing mission says we should do so, and she Hawaii and the trust territories are about the circuit courts. Our Founding would then have no objection. with the new twelfth circuit because, Fathers set the circuit courts up for a Well, either the courthouse is an im- assuming a division, that is where they basic fundamental reason. They didn’t portant consideration, or it is not an wanted to be. want 50 different interpretations of the important consideration. Obviously, Yes, there have been changes, but Federal Constitution. It is kind of Mr. President, it is not an important they have been changes requested by strange. The whole purpose of the cir- consideration. I presume—I hope—that the very Senators who are here on the cuit court of appeals was to make sure the Senator from California is not ar- floor arguing against the result of their there was a uniform view as to how to guing that, even if there is a split, all requests. Justice in these circuit read the Constitution—not a Montana of the staff and all of the people who courts will be done better in circuits reading, not a Washington State read- are now in that courthouse in San that are roughly similar to the other ing, not a Nevada reading, not a Hawaii Francisco would still be there and ev- circuits—all of the other circuits in the reading, and not an Alaska reading. erything has to be added onto that. United States. Each of these circuits Geography is relevant only in terms of That is often a way in which the Fed- will still have more square miles than convenience—not ideology. eral bureaucracy operates. But there is any other, except for, I believe it is the This is all about ideology at its core. no reason in the world for us to allow tenth in the Mountain States, and That is what this is about. That is it to operate in that fashion under this more when you include Alaska. The what the attempt to split it is about. set of circumstances. ninth circuit will still be the largest of There is no data to sustain that this This can be done efficiently and ef- any and all of them. should be done. Let the Judicial Con- fectively. But that is the fundamental I don’t believe this is going to be the ference make a judgment, make a rec- argument against this amendment and last such division. But it is a division ommendation to us. Let them decide as in favor of the bill as it stands. The whose time came almost a quarter of a they have in the past.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8059 I say to my friends from the South, is not about regionalism, which is the jection to this, and the chief judge’s before I got here, we split up what used worst thing we could be talking about letter on the unfair allocation of to be a giant circuit from Texas to when we talk about the Federal Con- judges. I also have in my files letters Florida. The Senator’s home State was stitution, let me remind my colleagues objecting to the earlier proposals to part of the Presiding Officer’s home of a point in fact. split the circuit. These include letters State, was part of this giant district of No ninth circuit judge has been ap- of objection from the State Bar of Ne- the circuit court, and it got split. We pointed to the court for a long time be- vada, the State Bar of Montana, the did it the right way. We got the facts. cause those who, in fact, are suggesting State Bar of Hawaii, the Los Angeles We heard from the Judicial Conference. that this should be split said, ‘‘Unless County Bar, lawyers’ representatives of We listened to the court. it is split, we are not letting any judges the ninth circuit, and the Judicial This is about politics. It is no way to go on the court.’’ Council. deal with the court. It isn’t how to do Think of that now, Mr. President. There being no objection, the mate- this. Isn’t that nice? rial was ordered to be printed in the Let’s look at what we have. We don’t ‘‘You won’t split the court so we can RECORD, as follows: have any data on the operation of the have a regional division. We are not HOUSE OF REPRESENTATIVES, circuit as it is presently configured. letting any folks get on the court. And COMMITTEE ON THE JUDICIARY, So, therefore, it seems to me, we then we are going to tell you that the Washington, DC, July 22, 1997. should at least give some weight to court is overworked. Then we are going Hon. ORRIN G. HATCH, those folks who are on the court, and to tell you the court has a backlog. Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. those folks who are litigants argue be- Then we are going to tell you the court DEAR ORRIN: I understand that this week fore the court—the bar of those States. has a problem.’’ the Senate is expected to consider S. 1022, With that in mind, let me point out The reason, if it does, is because they the Commerce-Justice-State-Judiciary ap- that the Ninth Circuit Judicial Coun- have arbitrarily held up the appoint- propriations bill. Included in the bill is a cil, the governing body of all the courts ments. major piece of substantive legislation, the in the ninth circuit, is unanimously op- Republican judges from the circuit ‘‘Ninth Circuit Court of Appeals Reorganiza- posed to this—Republican appointees have come to my office—Democratic tion Act of 1997.’’ This provision of the bill to that court, Democratic appointees judges from the circuit, Reagan ap- (section 305) would amend Title 28 of the United States Code by dividing the existing to that court, liberal appointees, con- pointees, Bush appointees—and said, Ninth Circuit into two new circuits. As you servative appointees, pointed-head ap- ‘‘Can’t you do something?’’ I said, well know, altering the structure of the Fed- pointees, flat-headed appointees. They ‘‘You are talking to the wrong guy. eral judicial system is a serious matter. It is are all opposed. You are preaching to the choir. Go to something that Congress does rarely, and Let’s look at the next thing that the guys who are blocking these only after careful consideration. makes sense to look at—those who liti- judges.’’ It is anticipated that an amendment will gate before the court. So, Mr. President, you can make an be offered to replace the circuit division The California bar is opposed to this. argument that this court is over- rider with legislation to create a commission to study the courts of appeals and report rec- The Arizona bar is opposed to this. The worked. You can make the argument ommendations on possible change. This leg- Hawaii State Bar Association is op- that this distribution is but part of the islation, H.R. 908, has already passed the posed to this. Big Sky Country Bar argument. The reason is a self-ful- House unanimously on a voice vote on June from Montana is opposed to this. The filling prophesy. You don’t put judges 3, 1997. A similar bill, S. 956, was passed State of Nevada’s bar is opposed to on the circuit. You create a problem. unanimously by the Senate in the 104th Con- this, and the State of Idaho. I can see my time is up. I thank my gress. This is a far superior way of dealing Mr. President, I would also point out colleague for yielding. with the problems of caseload growth in the that splitting the circuit, as proposed, This is a bad idea. It is not the right Ninth Circuit and other courts of appeals. I urge your support for the amendment. will not guarantee that certain re- way to go about it. Sincerely, gional interests will be better rep- Mrs. FEINSTEIN addressed the HENRY J. HYDE, resented. Keep in mind that is what Chair. Chairman. this is really about—regional interests. The PRESIDING OFFICER. The Sen- That is the part that bothers me ator from California. STATE CAPITOL, about how we are going about this. Mrs. FEINSTEIN. Mr. President, I Sacramento, CA, July 11, 1997. Look, I am from the third circuit thank the Senator from Delaware for Hon. ORRIN G. HATCH, way back East—Pennsylvania, Dela- his excellent comment. I agree with Chairman, Committee on the Judiciary, U.S. Senate, Washington, DC. ware. So I am not telling anybody in him 100 percent. This is the wrong way DEAR ORRIN: I have been closely following the other part of the country what for the wrong reason. The reasons are the renewed interest in Congress over pro- their business is. But it offends me regional. The reasons are, if we do not posals to split the Ninth Circuit. I under- that we have argued at least—I have like the decision, we don’t appoint the stand that a new proposal, under consider- not been here for the debate—in the judges. ation by the Appropriations Committee, committee based upon regional bias. One-third of the ninth circuit today would split the Ninth Circuit and divide Cali- There is not a Western Federal Con- is vacant. I repeat, one-third of the fornia in half between the resulting circuits. stitution. There is not an Eastern Fed- judgeships on the ninth circuit today I am writing to register my strong opposition to the passage of any such measure eral Constitution. There is not a are vacant. And I do not believe that prior to such time that an objective study is Southern Federal Constitution. There there is a plan to appoint another commissioned and issued addressing the is one Constitution—one. judge to the ninth circuit until we bow many, serious ramifications of such a split. Another problem with this legisla- to this. What we are bowing to is some- As you may know, I have been on record in tion that the court will face is the thing that has never been heard, never opposition to previous proposals to split the 1 Ninth Circuit on the grounds that they were costs incurred. Dividing this circuit re- been studied in the 4 ⁄2 years that I quires trading an infrastructure to sup- have been on the Judiciary Committee a form of judicial gerrymandering which sought to cordon off some judges and keep port the new twelfth circuit. The Ninth of the Senate. others. Circuit Executive Office estimates that Mr. President, I ask unanimous con- However, the present proposal to split Cali- the initial startup cost for the estab- sent to include in the RECORD a July 14, fornia between two circuits would not only lishment of the new twelfth circuit 1997 statement of the Arizona bar in amount to judicial gerrymandering but would amount to tens of millions of opposition to this split, a statement of would invite forum shopping of the rankest dollars. Operating costs of maintaining the California bar in objection to this, kind. California would face the unprece- two circuits have been estimated to be a recent letter from the Governor of dented prospect of a ‘‘circuit split’’ on a the State of California in objection to question of law within the same state, which more than $5 million per year. would invite lawyers to ‘‘forum shop’’ be- Look, I think the Senator from Cali- this, a July 22 letter from the chair- tween the two resulting halves of California fornia has been eminently reasonable man of the House Judiciary Committee on the basis of which law is more favorable throughout this whole process. By the in objection to this, a letter from the to their position. This would be particularly way, if anybody wonders whether this chief judge of the ninth circuit in ob- frustrating for State government, where

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8060 CONGRESSIONAL RECORD — SENATE July 24, 1997 legal challenges to its actions may generally ment of the federal courts of appeals. A bill After a thorough discussion, the judges voted be brought in any venue within the State. to establish such a commission, H.R. 908, overwhelmingly to support the creation of a While a split of the Ninth Circuit would unanimously passed the House in June. It study commission to study the structure of generate a number of inconsistent rulings has been 24 years since the last major study the circuits. along the West Coast in areas such as com- of the structure and alignment of the federal Altering the structure of the federal judici- mercial law, environmental law (including courts of appeals was conducted. No proposal ary system is an extremely serious matter, standing to sue), and admiralty law, a split to restructure the Ninth Circuit should be something that should be done rarely and of California would exacerbate this incon- considered prior to the completion of a thor- only after careful, serious study and consid- sistency by subjecting Northern California’s ough study. eration. cities, like San Francisco, to different con- Some have argued that the size of the case- We strongly urge the members of the Sen- trolling law than Southern California’s cit- load of the Ninth Circuit argues for its divi- ate to support the creation of a commission ies, like Los Angeles. sion; however, caseload growth is an issue to conduct a thoughtful, thorough and com- Nor would the spectacle of forum shopping common to courts of appeals nationwide. plete study of the matter. between circuits within California be allevi- Splitting the Ninth Circuit, ostensibly be- Our court asked me to convey to you our ated by a mechanism similar to that pro- cause of its caseload, before considering how appreciation for your continued leadership posed in a 1993 House bill (H.R. 3654), which to respond to growing caseloads nationwide, in this matter. suggested the creation of an ‘‘Intercircuit will complicate rather than advance solu- Yours sincerely, California En Banc Court.’’ As proposed in tions to caseload growth. Furthermore, re- PROCTER HUG, Jr., that bill, the Intercircuit California Court peated division of circuits in response to Chief Judge. would permit en banc review by judges of dif- growth is likely to create a proliferation of ferent circuits ‘‘whose official duty stations balkanized circuits. UNITED STATES COURTS are in the State of California.’’ Such an We have heard that various proposals to FOR THE NINTH CIRCUIT, intercircuit en banc panel would necessarily split the Ninth Circuit may be made in the Reno, NV, July 18, 1997. differ from the composition of the en banc Senate Appropriations Committee, for exam- Hon. HARRY M. REID, panels for each of the participating circuits. ple, to include California and Nevada in one U.S. Senator, This, of course, raises the specter of greater circuit and to join other states in the Conti- Washington, DC. inconsistencies among the circuits arising nental United States in another circuit, in- DEAR HARRY: After reviewing this matter from overlapping en banc panels. As the pro- cluding non-contiguous Arizona; or to place yet again, I have some possible arguments posal would permit the Intercircuit Court to California in a single circuit with the island for the floor of the Senate, giving examples of why this is a hasty and ill-considered bill resolve only intercircuit conflicts of federal territories, with all other states presently in and why a Commission should study such an law, conflicting interpretations of California the Ninth Circuit in a separate circuit. The substantive law arising in diversity cases important issue. variety of proposals indicates that there is 1. Under the bill, the Ninth Circuit is to would presumably remain unresolved. Of no consensus, even among proponents, as to have fifteen judges and the Twelfth Circuit is course, these additional circuits would im- how any split should be achieved. to have thirteen judges. The Ninth Circuit pose additional burdens on the U.S. Supreme We are strongly opposed to all of these pro- would have a 50% greater caseload per judge Court. posals to split the Ninth Circuit. They rep- Admittedly, the Ninth Circuit handles than the Twelfth Circuit. resent a form of judicial gerrymandering and States: more cases than any other circuit. However, are not based upon any study of the Ninth Filings statistics refute any objection that the Cir- Circuit or of the overall needs of the federal California ...... 4,840 cuit is ‘‘too big.’’ The median time for it to courts of appeals. They violate the estab- Nevada ...... 500 decide appeals (14.3 months as of September lished principles that federal judicial cir- Guam ...... 87 30, 1995) is less than that for the Eleventh cuits encompass three or more states and be Northern Marianas ...... 21 Circuit (15.1 months), and only slightly high- designed to transcend parochial interests. er than that for the Sixth, Seventh and Dis- These proposals are likely to increase the Total ...... 5,448 trict of Columbia Circuits. problems of the federal courts of appeals and The real issue underlying this debate ap- make these problems more costly and dif- With 15 judges, the caseload per judge 363 pears to be one of judicial gerrymandering, ficult to fix. The multiplicity of proposals which seeks to cordon off some judges in one that have been made, without study, simply Alaska ...... 204 circuit while keeping others in another be- emphasize the need for a thorough study of Arizona ...... 891 cause of concerns, whether perceived or real, the federal appellate courts as a whole. Hawaii ...... 204 over particular judges’ perspectives or judi- For these reasons, we believe that any pro- Idaho ...... 141 cial philosophy. If this is the issue, I submit posal to split the Ninth Circuit, or to realign Montana ...... 175 that the proper means to address it is any other circuit, needs to be informed by a Oregon ...... 626 Washington ...... 871 through the appointment of judges who non-partisan study of the structure and share our judicial philosophy that judges alignment of the federal courts of appeal. Total ...... 3,112 should not make policy judgments, but I have written a similar letter to Senator should interpret the law based on the pur- Boxer, who is a member of the Senate Appro- With 13 judges, the caseload per judge 239 poses of the statute as expressed in its lan- priations Committee. The caseload per judge in the Ninth Circuit guage, and who respect the role of the states Sincerely, would be 124 cases per judge higher than the in our federal system. THOMAS G. STOLPMAN, Twelfth Circuit, or 52% greater than the I urge you to discourage your colleagues President. Twelfth. from approving any proposed split of the 2. The provision in the bill for co-equal Ninth Circuit, and particularly one that STATE BAR OF ARIZONA, clerks in the Twelfth Circuit is completely splits California, until such time as a study Phoenix, AZ, July 14, 1997. unworkable. How can it be efficiently adminis issued that carefully examines the impli- Hon. ORRIN HATCH, istered in this way? Is the administration of cations of this significant issue. I would be U.S. Senate, the circuit to be done in two separate co- pleased to contribute one or more represent- Washington, DC. equal headquarters? Where would the Circuit atives to assist with such a study. DEAR SENATOR HATCH: This letter is simply Executive be located? Sincerely, to confirm that the State Bar of Arizona has 3. Consider the travel time and expense of PETE WILSON, repeatedly opposed any division of the Ninth the judges. Presumably, the judges from Governor. Circuit Court of Appeals, and supports the Alaska and Montana will half the time trav- House’s proposal for a study commission. el to Phoenix, and the Arizona judges will THE STATE BAR Sincerely, half the time travel to Seattle. Presently, OF CALIFORNIA, DON BIVENS, the circuit headquarters in San Francisco is San Francisco, CA, July 14, 1997. President-Elect. equidistant and air routes convenient. This Re State Bar of California Support for Com- would not be the case in the new Twelfth mission to Study the Federal Courts of UNITED STATES COURTS, Circuit. Appeals and Opposition to Splitting the FOR THE NINTH CIRCUIT, Harry, I suggest these arguments be saved Ninth Circuit Court of Appeals. Reno, NV, July 23, 1997. for the floor to avoid changes or arguments Hon. DIANNE FEINSTEIN, Hon. DIANNE FEINSTEIN, prepared to meet them. U.S. Senate, U.S. Senator, Yours Sincerely, Washington, DC. Washington, DC. PROCTER HUG, JR., DEAR SENATOR FEINSTEIN: The Board of DEAR SENATOR FEINSTEIN: This afternoon Chief Judge. Governors of the State Bar of California we had a meeting of the active and senior strongly opposes the recent proposals to judges of the Ninth Circuit Court of Appeals, STATEMENT OF ADMINISTRATION POLICY split the Ninth Circuit Court of Appeals. We for the sole purpose of discussing the current THE JUDICIARY: NINTH CIRCUIT support the establishment of a non-partisan efforts underway by the Senate Appropria- The Administration opposes the provision commission to study the structure and align- tions Committee to split the Ninth Circuit. in the Committee bill that would reorganize

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8061 the Ninth Circuit by splitting it into two Robb Sarbanes Wellstone Unless otherwise provided for in the in- separate circuits. We understand that other Rockefeller Torricelli Wyden strument concerned, a withdrawal under this substantive amendments to divide the Ninth NAYS—55 section shall be completed by the end of the Circuit may be offered on the Senate Floor. fiscal year in which the withdrawal is re- Abraham Frist McConnell quired. The Administration strongly objects to Allard Gorton Murkowski using the appropriations process to legislate Ashcroft Gramm Nickles This is a small section located in the on this important matter. The division of Bennett Grams Roberts latter part of this legislation. As you the Ninth Circuit is an important issue not Bond Grassley Roth read through this bill, all of a sudden, just for the bench and the bar of the affected Brownback Gregg Santorum you come across the provision. If we region, but also for the citizens of the Ninth Burns Hagel Sessions Circuit. The Administration believes that a Campbell Hatch Shelby are going to withdraw from the U.N., Chafee Helms Smith (NH) we ought to have a full-scale debate. much better approach would be passage of Coats Hutchinson Smith (OR) legislation, H.R. 908—already passed by the Cochran Hutchison This is not a minor decision. There are Snowe House and currently pending at the desk in Collins Inhofe some people in the country who would the Senate—that would create a bipartisan Coverdell Jeffords Specter Stevens like to do that, but if we are going to commission to study this difficult and com- Craig Kempthorne undertake to do so we ought to have a D’Amato Kyl Thomas plex question and make recommendations to Thompson full scale debate. the Congress within a date certain. This DeWine Lott Domenici Lugar Thurmond What this section says as it starts off would allow for substantive resolution of the Enzi Mack Warner is: issue in a deliberative manner, allowing all Faircloth McCain affected parties to voice their views. Notwithstanding any other provision of The amendment (No. 986) was re- law, the United States shall withdraw from The PRESIDING OFFICER. The Sen- jected. an international organization if the Presi- ator’s time has expired. The PRESIDING OFFICER (Mr. dent determines that the amount appro- Mrs. FEINSTEIN. I thank the Chair. HAGEL). The Senator from New Hamp- priated or otherwise available for a fiscal I yield the floor. shire. year . . . is less than the actual amount of Mr. GREGG. Mr. President, I have a Mr. GREGG. Mr. President, I move to such contributions. . . . couple of minutes left. reconsider the vote. In other words, the assessments. So, The PRESIDING OFFICER. The Sen- Mr. BURNS. I move to lay that mo- if we do not appropriate the full assess- ator from New Hampshire. tion on the table. ment, as I understand this section, the Mr. GREGG. Before getting to a vote The motion to lay on the table was President has to begin withdrawal pro- on this issue, just let me make this agreed to. cedures. point. Mr. SARBANES. Mr. President, is it There are many years when we have Were this a judicial proceeding, there in order to send an amendment to the not met the assessment. In fact, we is something called judicial notice. desk at this point? continue to run arrearages. We just That is like water runs downhill and The PRESIDING OFFICER. Is there passed legislation here that had certain the Sun comes up in the East. I think objection to laying aside amendment conditions for paying our U.N. dues, the Court would take judicial notice of 979? Without objection, it is so ordered. that withheld certain amounts, required certifications, and so forth and the fact the ninth circuit does not AMENDMENT NO. 989 so on. work; it is too big; it has too many (Purpose: To Strike the Provisions Dealing I don’t know where this provision people for one circuit to manage; it has With the Withdrawal of the United States From Certain International Organizations) came from but it is a backdoor way of too many judges to work effectively; it compelling our withdrawal from the has too large a geographic region. This Mr. SARBANES. Mr. President, I send an amendment to the desk and United Nations. is an attempt to address that issue. It The amendment that was sent to the ask for its immediate consideration. is a very important issue to address. It desk would strike this section from the is an affordable issue to address. I hope The PRESIDING OFFICER. The clerk will report. bill. I urge my colleagues to support my colleagues will vote down this the amendment. We should not be talk- amendment. The assistant legislative clerk read as follows: ing about withdrawal from inter- Have the yeas and nays been asked national organizations. We are the The Senator from Maryland [Mr. SAR- for on this amendment? world’s leading power. We essentially The PRESIDING OFFICER. They BANES], proposes an amendment numbered 989. use these international organizations have not. On page 124, beginning on line 5, strike all to serve our interests. Now we come to Mr. GREGG. Does the Senator from through page 125, line 2. this section, which is sort of hidden California wish to ask for the yeas and Mr. SARBANES. Mr. President, could away. The upshot of it would be to, in nays? we have order in the Senate? effect, lead us to begin withdrawal pro- Mrs. FEINSTEIN. I ask for the yeas The PRESIDING OFFICER. The Sen- cedures from the United Nations. and nays. ate will be in order. The Senator from I don’t think we even ought to have The PRESIDING OFFICER. Is there a Maryland. any references to withdrawal. Cer- sufficient second? Mr. SARBANES. Mr. President, I tainly the way this provision is writ- There is a sufficient second. want to direct my colleagues’ atten- ten, the bill is going to force us out of The yeas and nays were ordered. tion to section 408 of this bill, on pages the U.N. The PRESIDING OFFICER. The 124 and 125. I am absolutely stunned to I hope the committee, upon reflec- question is on agreeing to the amend- find this language in this legislation, tion, would agree to drop the section ment. The yeas and nays have been or- because it provides for our withdrawal from the bill. dered. The clerk will call the roll. from the United Nations. Mr. HATCH. Will my colleague yield The result was announced—yeas 45, What it says, if I understand it cor- for a second? Mr. SARBANES. Certainly. nays 55, as follows: rectly, is that if the appropriation does The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 204 Leg.] not come up to the level of the U.N. as- ator from Utah. YEAS—45 sessment, then the United States shall Mr. HATCH. He is just yielding to Akaka Durbin Landrieu withdraw from an international organi- me. But I absolutely agree with you. I Baucus Feingold Lautenberg zation, but I assume it is primarily di- absolutely agree with you. Let me tell Biden Feinstein Leahy rected at the U.N. you, during this last cold war time, I Bingaman Ford Levin Let me just read a couple of para- Boxer Glenn had a lot to do with the ILO when I was Lieberman graphs to my colleagues. Breaux Graham Mikulski chairman of the Labor Committee and Bryan Harkin Moseley-Braun The United States shall withdraw from an ranking member there, and ever since, Bumpers Hollings Moynihan international organization under this section Byrd Inouye when our tripartite organization—Gov- Murray in accordance with the procedures identified Cleland Johnson Reed ernment, labor and business—saved Conrad Kennedy for withdrawal in the treaty, pact, agree- Reid this country and countries all around Daschle Kerrey ment, charter, or other instrument of that Dodd Kerry organization which establishes such proce- this world from the tyranny of totali- Dorgan Kohl dures. tarianism, right at the ILO.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8062 CONGRESSIONAL RECORD — SENATE July 24, 1997 I can remember one trip I made over absolutely right; it is a repeat of what indicated he would like to approve with there because Irving Brown called me. we did. us to take up the Transportation ap- He was the head of our delegation. He I thank the Senator for yielding to propriations bill some time during the was the International Vice President of me, and I yield the floor. day on Monday, but it would not lead the AFL–CIO, and in my opinion the Mr. GREGG. Mr. President, I suggest to recorded votes. The next recorded strongest anti-Communist in the world the absence of a quorum. vote would be tomorrow, and then at the time. He stopped the Com- The PRESIDING OFFICER. The Tuesday morning and Wednesday munists from taking over the French clerk will call the roll. morning under the agreements we are docks. He went into Paris before the The legislative clerk proceeded to working. But we have not cleared them end of the Second World War—one of call the roll. with everybody at this point. the most heroic figures I ever met in Mr. SARBANES. Mr. President, I ask With that, at this time, Mr. Presi- my life. And he led our delegation with unanimous consent that the order for dent, I suggest the absence of a the full support of labor, business, and the quorum call be rescinded. quorum. Government, year after year. He died Mr. GREGG. I object. The PRESIDING OFFICER. The here a few years ago. I went to his me- The PRESIDING OFFICER. Objec- clerk will call the roll. morial service here. tion is heard. The clerk will continue The legislative clerk proceeded to But I know what the ILO has meant calling the roll. call the roll. to this country and what it has meant The legislative clerk continued to Mr. KERRY. Mr. President, I ask to free trade unionism around the call the roll. unanimous consent that the order for world and what it has meant to free- Mr. LOTT. Mr. President, I ask unan- the quorum call be rescinded. dom. imous consent that the order for the The PRESIDING OFFICER. Without I have to tell you, if we have this pro- quorum call be rescinded. objection, it is so ordered. vision continue in this bill, since all The PRESIDING OFFICER. Without Mr. KERRY. Mr. President, I ask three of these organizations, the WHO, objection, it is so ordered. unanimous consent to proceed as in the ILO, and the agricultural organiza- Mr. LOTT. Mr. President, I seek rec- morning business. The PRESIDING OFFICER. Without tion, we are behind in payments to ognition so we can announce there will objection, it is so ordered. them, it would mean it would have to be no further rollcall votes tonight. (The remarks of Mr. KERRY per- come down to choosing one of them There will be at least one vote tomor- taining to the introduction of S. 1067 that they would delete. I can tell you row. And I believe that we can say are located in today’s RECORD under right now, the one, probably the weak- there will be one vote tomorrow. It will ‘‘Statements on Introduced Bills and est that would be deleted, would be the be an important vote. We expect that Joint Resolutions.’’) ILO. I have to tell you, that preserves that vote will be either on the tuna- dolphin issue or, more than likely, Ms. COLLINS. Mr. President, I ask free trade unionism around the world, unanimous consent that the pending it protects freedom around the world, under the agreement we are going to propound, it would be on the global amendment be set aside so that I can and, I have to tell you, quells disrup- engage in a brief colloquy with the tions and problems all over the world. warming issue. So there would be a vote tomorrow. chairman of the subcommittee. It helps us all over the world to spread The PRESIDING OFFICER (Mr. A time would have to yet be deter- democracy. BROWNBACK). Is there objection? mined exactly what time that would I don’t want to see that happen, and Mr. SARBANES. Reserving the right be, but probably not before 10 o’clock I think the distinguished Senator from to object, I don’t think it is necessary in the morning. And then we hope to Maryland has brought up a very, very to set the amendment aside in order to work out some understandings with re- good point here. I call my colleagues’ have a colloquy. attention to it. I am grateful he has gard to State, Justice, Commerce. And The PRESIDING OFFICER. The Sen- yielded to me for these few remarks. I then we would probably not have final ator is correct. It is not necessary. hope they have been helpful to my col- votes on that until next Tuesday, I be- Ms. COLLINS. I stand corrected. leagues on both sides, but I have been lieve it would be. Mr. SARBANES. Mr. President, I ob- there, I know how important this is. I So that is the point I wanted to an- ject to the request, but it doesn’t pre- believe this is not the thing to do, to nounce. There will be at least one vote clude the distinguished Senator from have that particular language left in tomorrow, and no further rollcall votes having her colloquy. there as it is. So I support my col- tonight. We will make an announce- The PRESIDING OFFICER. The ob- league from Maryland. ment with regard to Monday later on, jection is heard. The Senator from Mr. BIDEN. Will the Senator from in a few minutes, or tomorrow, about Maine is recognized. Maryland yield for a brief comment? the situation on Monday. Ms. COLLINS. Mr. President, I ask Mr. President, this is the second time Mr. MCCAIN. Is the leader’s inten- unanimous consent to be recognized for we have addressed this issue in the last tion, if there is no agreement on tuna- such time as I may consume for a brief several weeks. A similar provision was dolphin, that there will be a cloture colloquy. in the State Department authorization vote tomorrow morning on tuna-dol- The PRESIDING OFFICER. Without bill that we dealt with. We raised the phin that he had previously antici- objection, it is so ordered. issue then, and the Senator moved to pated? NWS REORGANIZATION strike a similar provision, a with- Mr. LOTT. Unless there is an agree- Ms. COLLINS. Mr. President, I rise drawal provision. It was accepted by a ment, there will be a cloture vote on today to engage in a colloquy with the voice vote. This bill went on to pass tuna-dolphin, but we are working on an distinguished chairman of the sub- the Senate 90 to 5, I believe. agreement where it may not be in the committee, Senator GREGG, regarding I am surprised this issue has surfaced morning. But we will have one in short the National Weather Service’s ongo- again. Not only does section 408 depart order. We are trying to work through ing top-to-bottom review of its oper- from the State Department authoriza- all the different players and make sure ations and structure. tion bill, but it is bad policy; it is just everybody has been consulted. That is I am taking this opportunity today simply bad policy. why we are not asking for the UC right to express my hope and belief that this I hope my friends, the managers of now. review process will conclude that the this bill, will consider the fact that we I think I should go ahead and say to Weather Service Office in Caribou, ME, have been through this once already the chairman of the Appropriations should be fully upgraded to a Weather and maybe allow us just to have a Committee, it would be our intent, be- Forecasting Office. I just want to com- voice vote and move on. We have cause of requests of a number of Sen- ment very briefly, Mr. President, on a enough to fight over in this bill. ators, and because of the cooperation few of the reasons why the Caribou I have much more to say on this, but, we have received, that we would not Weather Service Office should be up- as the old joke goes, everybody has al- have any recorded votes on Monday. graded. ready said it, so I am not going to re- But we are trying to also clear an In general, it is the Weather Serv- peat it. The Senator from Maryland is agreement that the Democratic leader ice’s policy that weather forecasting

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8063 offices should cover roughly 17,000 Under the National Weather Serv- SLAMMING square miles. Right now, the Weather ice’s modernization plan, a weather Mr. REED. Mr. President, I would Forecasting Office in Gray, ME—which forecasting office will have Doppler like to take a moment to discuss a is more than 230 miles from Caribou— radar. The Doppler radar would give sense-of-the-Senate resolution which is is attempting to provide services for Caribou the ability to forecast warn- included, I believe, in the managers’ roughly 63,000 square miles, an area ings for sudden and severe changing amendment, with the concurrence of more than three times larger than the weather patterns so that the commu- the Senator from New Hampshire and norm. Given the huge area involved, it nities the weather station serves will the Senator from South Carolina. is extremely difficult for the small be able to respond quickly. At the The thrust of my amendment is to staff of a Weather Service Office to present time, the nearest Doppler radar confront an issue which is growing— provide the services necessary to en- is in Gray, ME, more than 200 miles the issue of slamming—where individ- sure public safety. away. This is too far away to be of im- uals who have signed up for long dis- For example, the Weather Service Of- mediate help to Aroostook County. tance telephone service have their fice currently has only one electrical Aroostook County is one of the larg- service changed illegally. This is a technician who must service equipment est counties in the United States—the growing problem, a problem that we in Frenchville, Caribou, Houlton, and size of Connecticut and Rhode Island must confront. It is a problem that—in as far south as Millinocket, in Penob- combined—and its economy is domi- fact, as I considered it, I also con- scot County. This is an enormous nated by agriculture, trucking, and for- templated the construction of an workload for just one employee, par- est products industries, all of which amendment to this appropriations bill ticularly in light of the possibility that rely heavily on timely and accurate that would have dealt with the problem repairs may be needed at the same weather information. The Caribou sta- by mandating better proof that a cus- time at different locations far away tion provides vital information on a tomer has actually changed service, in- from each other. daily basis to northern Maine commu- cluding criminal penalties for slam- Accurate and timely weather reports nities that must deal with a wide range ming, and other deterrences. are essential to Aroostook County, the of weather patterns from bitter cold As I spoke with my colleagues and largest county in Maine, for two rea- and snow to severe thunderstorms and law enforcement officials, I came to re- sons: one involving public safety, the flooding. An upgrade from a weather alize, through many different view- other an economic concern. service office to a weather forecasting points, that an amendment at this Mr. President, northern Maine expe- office would improve the weather fore- time would delay the appropriations riences more than its fair share of se- casting abilities of the Caribou station, process. So rather than introducing an vere weather, including blizzards in the thereby improving the ability of the af- amendment, I have proposed a sense-of- winter months. Many of my colleagues fected towns to react to sudden and se- the-Senate resolution which, again, I have probably heard weather reports in vere weather changes. believe has been accepted and will be which my hometown of Caribou has re- Once the NWS has completed its re- maintained within the managers’ corded the lowest temperature in the view, I look forward to working with agreement. Before going forward, I commend and Continental United States. Accurate Chairman GREGG and the sub- and timely weather reports are essen- committee to ensure that the rec- thank the chairman, Senator GREGG, tial for public safety. ommended changes are funded in an ex- and the ranking member, Mr. HOL- The second reason for upgrading the peditious manner. LINGS, and also Chairman MCCAIN and Weather Service Office centers on the Chairman BURNS for their generous as- Mr. GREGG. Mr. President, I appre- nature of the economy in the county. sistance in this endeavor. ciate the Senator from Maine raising Natural resource-based industries such Mr. HOLLINGS. Mr. President, if the this very significant issue to the folks as agriculture, logging, and tourism distinguished Senator will yield. The of Northeastern Maine. Those of us are the mainstay of the county’s econ- Senator from Rhode Island has done a who have been to Caribou understand omy. Our potato farmers, for example, valuable service to the Senate in bring- that it is the coldest place in America, must have quality weather forecasts ing this to our attention. The FCC has consistently, and recognize that the and reports in order to know best when just promulgated a rule relative to issue of weather and predictability of to plant and harvest their crops. slamming just this past week. This weather is very important. Also, I For these public safety and economic sense-of-the-Senate resolution is con- know how important upgrading the reasons, I am convinced that upgrading sistent with it, in the sense that it Caribou Weather Service Office into a the Weather Service Office in Caribou would require the mandating of the Weather Forecasting Office is for the is a necessary action for the National evidence itself, civil fines, and a civil people of Aroostook County. It is a Weather Service to undertake, and I right of action. I think it really empha- major issue, and I can understand how hope that the Appropriations Com- sizes the concern that all of us have strongly my friend and colleague from mittee will act favorably on upcoming had in the communications field of this Maine feels about this matter. funding requests. particular malpractice. I hope we can Mr. President, I yield the floor so The Senator from Maine, Senator help, with this sense-of-the-Senate res- that my distinguished New England COLLINS, has made a very persuasive olution, emphasize the need to expedite neighbor and colleague, Senator case for why the Weather Service Of- the rulemaking on the part of the FCC. fice in Caribou, ME, should be upgraded GREGG, may respond to my concerns. I thank the distinguished Senator from Ms. SNOWE. Mr. President, I am into a Weather Forecasting Office. We Rhode Island and I join in his resolu- pleased to join my colleague from must always work to ensure public tion. Maine, Senator COLLINS, and the dis- safety, and given the enormous land Mr. REED. Mr. President, I yield to tinguished chairman of the sub- area, a Weather Forecasting Office the Senator from New Hampshire, committee, Senator GREGG, today to would be a tremendous benefit for the without losing my right to the floor. discuss an issue of utmost importance people of northern Maine. Mr. GREGG. Mr. President, I support to Aroostook County, the Caribou You have my assurance, Senator COL- the efforts of the Senator from Rhode Weather Service Office. LINS, that when the subcommittee re- Island to put a sense-of-the-Senate res- The bill before us requires the Na- ceives the National Weather Service olution in this bill relative to this very tional Weather Service [NWS] to con- report and recommendations on a reor- important issue. His sense of the Sen- sult with the subcommittee before ganization plan, the subcommittee will ate tracks the FEC regulation. I think making any reprogramming requests in work closely with you regarding the it is very appropriate that he has relation to the top-to-bottom review Caribou, ME, Weather Service Office. raised the visibility of this issue, and that is currently underway. As part of Ms. COLLINS. I thank the Senator the sense of the Senate will be included their review, NWS will consider wheth- very much for his assistance. in the managers’ amendment. er the Caribou Weather Service Office Mr. REED addressed the Chair. Mr. REED. Mr. President, reclaiming should be upgraded to a weather fore- The PRESIDING OFFICER. The Sen- my time, I thank the Senator from casting office. ator from Rhode Island. New Hampshire for his support. I would

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8064 CONGRESSIONAL RECORD — SENATE July 24, 1997 like to just briefly describe the prob- taged by this illegal switching. Indeed, I thank my colleagues. I yield the re- lem and also the ongoing discussion the Rhode Island Public Utilities Com- mainder of my time. with the FCC and also here within Con- mission has noted this complaint as Mr. KERRY addressed the Chair. gress. the No. 1 complaint they receive with The PRESIDING OFFICER. The Sen- First, as both my colleagues have in- respect to telephone services. For ex- ator from Massachusetts. dicated, this is an alarming and grow- ample, a small businessperson in New- Mr. KERRY. Mr. President, I had a ing problem. The Federal Communica- port, RI, had his 800 number switched, discussion with the Senator from tions Commission is dealing with the and rather than an 800 number, the North Dakota. I am going to be very, problem now. They will shortly propose only people who could call the business very brief, with his indulgence. a rule that will take away the financial were residents of Alaska. The PRESIDING OFFICER. Is there incentive for some of these renegade In Smithfield, RI, a family had their objection to laying aside the pending companies who essentially illegally phone service illegally switched. They amendment? change service. Surprisingly, today protested, but before they could rectify Mr. KERRY. Mr. President, I ask under FCC rules, a renegade company the problem, their phone service was unanimous consent that we tempo- can, in fact, illegally switch a cus- terminated because they refused to pay rarily lay aside the amendment for the tomer and still get the benefits of that the bill for the illegal company that purpose of introducing my amendment, month or of several months of charges. switched them. and the moment my introduction is The FCC has proposed to change this. These are problems that have to be completed that the pending amend- This sense-of-the-Senate resolution addressed, and I hope are being ad- ment will return and be the pending supports that proposed rule change and dressed today by the FCC, and perhaps amendment. the other activities the FCC is contem- ultimately our legislation in this body. The PRESIDING OFFICER. Is there plating. One of the reasons we are here What I hope we could do would be to objection? today is that, under the present rules focus more resources of the FCC on Without objection, it is so ordered. of the FCC, telephone companies must this problem. In 1996, the FCC received AMENDMENT NO. 992 get either a verbal or written response 16,000 complaints about slamming, but (Purpose: To provide funding for the Commu- in terms of a formal request to change. they only were able to successfully nity Policing to Combat Domestic Vio- The problem with respect to a written prosecute and induce judgment against lence Program) consent is that, many times, they are 15 companies. They don’t have the re- Mr. KERRY. I send an amendment to hidden in sweepstakes promotions, sources. They need those resources. In- the desk. The PRESIDING OFFICER. The giveaways and, in fact, the nature of deed, I worry that law enforcement agencies around the country not only clerk will report. the written response is unknown to the lack resources but lack, ultimately, The bill clerk read as follows: consumer. Once again, the FCC is pro- the proof that a switch has been made The Senator from Massachusetts (Mr. posing to change this new rule. I sup- illegally. Law enforcement officials in KERRY), for himself, Mr. DODD, Mrs. MURRAY, port that change and encourage them certain States, such as Connecticut, Mr. LAUTENBERG, and Mr. JOHNSON, proposes to go forward. an amendment numbered 992. The phone company can also rely Wisconsin, California, Texas, and Illi- Mr. KERRY. Mr. President, I ask upon the verbal assent of a consumer, nois, have been successful, but they need additional support. unanimous consent that reading of the but there are problems with this verbal Indeed, one of the major elements of amendment be dispensed with. assent, also. Some of the problems we the legislation I was contemplating The PRESIDING OFFICER. Without have seen with telemarketers are the was the requirement not only of writ- objection, it is so ordered. fact that they will deceive the con- ten proof but, also, in the case that an The amendment is as follows: sumer about identity or the nature of oral or verbal consent was given, some On page 29, line 18, insert ‘‘That of the the service, or they will obtain the con- type of recording of assent so that law amount made available for Local Law En- sent of a child, or stranger in the enforcement authorities could verify forcement Block Grants under this heading, household, or disregard the consumer’s decisively whether or not the appro- $47,000,000 shall be for the Community Polic- decline to switch the service, or flatout priate assent had been made. It is nec- ing to Combat Domestic Violence Program not even bother to get the verbal as- established pursuant to section 1701(d) of essary for us to balance the needs for a part Q of the Omnibus Crime Control and sent and claim that they do in retro- flexible system by which consumers spect. The problem with this verbal au- Safe Streets Act of 1968: Provided further,’’ can make choices and change their after ‘‘Provided,’’. thorization is proof. Again, the FCC service to one that protects their right STOP DOMESTIC VIOLENCE NOW has taken some steps in this regard. to ensure that it is their choice and not Mr. KERRY. Mr. President, this They are proposing to eliminate what the result of fraudulent or manipula- amendment continues the successful is an option today, where someone pre- tive practices by unscrupulous compa- COPS ‘‘Community Policing to Combat sumably could consent over the phone nies. I believe we can do that. and then receive a package later from I believe we have taken a step for- Domestic Violence’’ Program. Police the company requiring that consumer ward today with this sense-of-the-Sen- departments currently use these COPS to send a card in to deny the service ate resolution to start on that path. I funds for domestic violence training change. The FCC once again is trying look forward to offering independent and support. This amendment would to eliminate that procedure, also. legislation which I think will assist the allow local law enforcement agencies These are all positive steps. I encour- current effort of the FCC to resolve to renew their grant funding so they age, and this resolution encourages, this grave problem that is growing can continue to employ innovative the FCC to pursue those steps. each day. community policing strategies to com- This is a major problem for con- Once again, I thank my colleagues, bat domestic violence. sumers in the United States. Fifty mil- Senator GREGG, Senator HOLLINGS, Mr. President, domestic violence is a lion people each year switch their Senator MCCAIN, and Senator BURNS, very serious national problem. Almost phone service. One million of those for their work and for their effort on four million American women were switches are likely to be fraudulent. this. Others are interested. I know Sen- physically abused by their husbands or One regional carrier now estimates ator CAMPBELL and Senator DURBIN are boyfriends in the last year alone. A that 1 in 20 of the switches in their sys- also interested in this problem. woman is physically abused every 9 tem are fraudulent switches. This prob- We have an opportunity today to seconds in the United States. Women lem has tripled since 1994. It is now the send a strong message to the FCC to are victims of domestic violence more FCC’s No. 1 consumer complaint. move forward and also to continue to often than they are victims of bur- Therefore, this problem is something contemplate and deliberate about leg- glary, muggings, and all other physical that we should deal with, and deal with islation which will assist in their ef- crimes combined. In fact, 42 percent of decisively. forts and end this scandalous problem, women who are murdered are killed by In my own home State of Rhode Is- the No. 1 consumer complaint today their intimate male partners. In Mas- land, there are abundant examples of with respect to telecommunications sachusetts, 33 women were killed in do- consumers who have been disadvan- slamming. mestic related cases in 1995. This

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8065 amendment is necessary to fight this provides advocacy, training, and re- bill report language, which no longer epidemic of domestic violence. search toward ending this problem. allows up to 15 percent of COPS funds Mr. President, this problem of domes- Without this funding victims of domes- to be used for innovative community tic violence affects all classes and all tic abuse and police officers will have policing activities such as anti-domes- races. More than one in three Ameri- nowhere to turn for support, education, tic violence training and support for cans have witnessed an incident of do- resources and training.’’ local law enforcement agencies. mestic violence according to a recent Mr. President, the COPS Domestic Our amendment earmarks $47 million nationwide survey released by the Violence Program has been a success. of the $503 million provided by the Family Violence Prevention Fund. Mr. In Massachusetts, police departments Commerce/State/Justice Appropriation President, battering accounts for one- have used the money to fund many bill for the Local Law Enforcement fifth of all medical visits by women anti-domestic violence activities: Block Grant (LLEBG) to renew funding and one-third of all emergency room The Gardner Police Department and of grants made under the COPS Domes- visits by women in the U.S. each year. a local battered women’s resource cen- tic Violence Program. It is appropriate As Dartmouth, MA, Police Chief Ste- ter were able to establish school-based that this money be earmarked for this phen Soares said recently, domestic vi- support groups for children affected by purpose because the Local Law En- olence ‘‘goes from the lowest economic violence in their homes. More than 250 forcement Block Grant Program was planes to the highest in terms of pro- children ages 5–10 have benefited from designed to provide funds to local gov- fessional persons. There isn’t a line this program. ernments to fund crime reduction and drawn in terms of profession or In Somerville, nearly 100 city police public safety improvements broadly de- money.’’ officers and an equal number of rep- fined. Additionally, the LLEBG already Domestic violence hurts women and resentatives of local non-profit service contains several earmarks in the C/S/J hurts our economy. The Bureau of Na- agencies received anti-domestic vio- Appropriations bill: $2.4 million for dis- tional Affairs estimates that domestic lence training. As a result, a young cretionary grants for local law enforce- violence costs employers between $3 woman who appeared in the Emergency ment to form specialized cyber units to billion and $5 billion each year in lost Room seeking assistance for domestic prevent child sexual exploitation, and work time and decreased productivity. violence was referred to a nurse super- $20 million for the Boys and Girls In a recent survey of senior business visor who helped her get a restraining Clubs. executives, 49 percent said that domes- order, safety planning, and other sup- Some will argue that this appropria- tic violence has a harmful effect on port. tions bill increases funding for the Vio- their company’s productivity. Forty- Officers in the Domestic Violence lence Against Women Act (VAWA) and seven percent said domestic violence Unit of the Fall River Police Depart- that therefore no additional funds are negatively affects attendance and 44 ment, in coordination with a local bat- needed to confront domestic violence. percent said domestic violence in- tered women’s and children’s shelter, However, that is incorrect for three creases health care costs. have been able to conduct personal fol- reasons. First, the increase in funding Mr. President, domestic violence also low-up in more than 1,100 incidents of for the Violence Against Women Act is has tragic effects on children. Children domestic violence since September of only $15 million, far less than the $47 who witness the violence often do poor- 1996. million needed to renew the COPS Do- ly in school, repeat the pattern of ei- Mr. President, before these funds mestic Violence grants. Second, only 25 ther victim or abuser as adults, and are were available, many local law enforce- percent of the VAWA money goes to more prone to have a variety of emo- ment agencies lacked the resources to police departments—most of the rest tional problems. provide anti-domestic violence training goes to prosecution and direct victims According to Linda Aguiar, the head and support. In 1995 prior to the award- services. Third, most of the VAWA of ‘‘Our Sisters’ Place’’ in Fall River, ing of the COPS domestic violence money for police departments goes to Massachusetts, ‘‘One child that was at grant, police in Gardner, MA were buy equipment, not for training and the shelter, we found out he had taken called to intervene in a dispute involv- support. knives from the kitchen and hid them ing domestic abuse. Due to the lack of Mr. President, this funding is nec- in the bedroom. He did this because he cooperation from the victim, officers essary to help police departments to was afraid his father would come. He did not have sufficient evidence to ar- deal with the epidemic of domestic vio- thought his father would come and put rest her boyfriend, but instead were lence. I would like to thank Senators a ladder to the window.’’ only able to escort him off the prop- DODD, LAUTENBERG, and JOHNSON for To attempt to deal with these prob- erty. Two hours after the incident, the joining me in proposing this important lems, Congress in the 1994 Crime Act victim’s boyfriend returned to the amendment and urge all my colleagues provided that up to 15 percent of the property and set it afire, and the to support it. funding for the COPS program could be woman was killed by asphyxiation. Mr. DODD. Mr. President, I rise to made available for innovative commu- Subsequent to this crime the suspect support the amendment of my col- nity policing activities. A small part of was arrested, convicted of the crime league, the Senator from Massachu- that money, $47 million, was made with which he was charged and sen- setts [Mr. KERRY]. This amendment available to police departments for do- tenced to time in prison. This incident will restore the COPS antidomestic vi- mestic violence training and support. I demonstrated the need for a victim’s olence grants created by the Violence would like to read excerpts from a let- advocate employed by the police de- Against Women Act—a program of ter I received from the Chief of Police partment who might have been able to vital importance that funds local po- of Chelmsford, MA, about the COPS convince the woman of her need for lice and community initiatives to com- Domestic Violence program. He said, help and then intervene on her behalf. bat domestic violence. ‘‘It has come to my attention that the Due to the COPS Domestic Violence Domestic violence is a serious federal grant entitled ‘Community Ori- grants, the Gardner Police Department scourge on our society. Once every 9 ented Policing Services Combating Do- now has the resources to more success- seconds, a woman is beaten by her hus- mestic Violence’ ’’ (COPS) has not been fully combat domestic violence. band or boyfriend, according to FBI approved—As you know, domestic vio- When the Department of Justice an- crime statistics. Four women are lence is a serious law enforcement and nounced these Community Policing to killed each day at the hands of their societal problem that we are just be- Combat Domestic Violence grants on domestic attackers, according to the ginning to face. Every year, millions of June 1, 1996, police departments were National Clearinghouse for the Defense women are abused and hundreds are promised 1 year of funding with the of Battered Women. And 16 people were murdered by members of their own ability to receive two additional years killed by family violence in Con- family. It’s time that society began of funding. Unfortunately, these suc- necticut between September 1995 and viewing these atrocities as a crime. We cessful Domestic Violence programs September 1996. That is totally unac- must put forward the necessary atten- will be denied the additional 2 years of ceptable. tion and funding to solve this problem. funding because of a little-noticed Mr. President, for quite some time I The COPS grant does exactly that. It change, included in the appropriations have been extremely concerned that

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8066 CONGRESSIONAL RECORD — SENATE July 24, 1997 antidomestic violence programs cur- chiefs and countless victims across the Burns, EDA. rently funded through domestic vio- country are counting on us to do no Hatch, antitrust provisions. Gregg, relevant. lence COPS grants will no longer have less. Hatch, local law enforcement. a source of funding as the COPS grants I thank the Senator from Massachu- Mr. LOTT. Mr. President, I further for this purpose are eliminated. setts for his amendment, and I join him ask unanimous consent that all amend- For too long before Congress enacted in urging my colleagues to adopt it. ments must be offered and debated to- the 1994 crime law and Violence Mr. LOTT addressed the Chair. night and any votes ordered with re- Against Women Act, domestic violence The PRESIDING OFFICER. The ma- spect to S. 1022 be postponed to occur was considered a private matter— jority leader. something to be dealt with inside the beginning on 9:30 a.m. on Tuesday, July UNANIMOUS-CONSENT AGREEMENT 29, with 2 minutes for debate equally home, and outside of public view and Mr. LOTT. Mr. President, I thank the public policy. The Violence Against divided before each vote, and following Senator from Massachusetts for fin- the disposition of amendments, S. 1022 Women Act represented a consensus ishing expeditiously and for his help on that government and our communities be advanced to third reading and a pas- a number of issues throughout the day sage vote occur, all without further ac- should work together to prevent and as we try to get an agreement on how stop domestic violence, and that it tion or debate. we can proceed for the remainder of the I have more to this request, but I should be one of our highest priorities. day, and when we can get votes tomor- In Connecticut, many communities want to emphasize what that means. row and next week. We will complete all of the amend- were able to rise to that challenge Mr. President, I ask unanimous con- when they received anti-domestic vio- ments tonight. The votes on those sent that the following be the only re- amendments and final passage will lence grants under the COPS program. maining first-degree amendments in More than ten Connecticut cites and occur next Tuesday beginning the 9:30. order to S. 1022, and they be subject to I further ask that if the Senate has towns have used these grants to estab- relevant second-degree amendments. not received the House companion bill lish law enforcement infrastructures to Mr. President, I will submit the list at the time of passage of S. 1022, the support a diverse range of anti-domes- since there are several of them. But ev- bill remain at the desk; and I further tic violence programs, each specifically erybody has been consulted on this list. ask unanimous consent that when the tailored to the needs of that local com- The Democratic leadership is aware of Senate receives the House companion munity. I recently had the opportunity it as well as the Members on this side. bill, the Senate proceed to its imme- to visit with two police chiefs who are I ask unanimous consent that the list diate consideration and all after the using anti-domestic violence COPS be printed in the RECORD. enacting clause be stricken and the grants to run domestic violence pre- There being no objection, the mate- text of S. 1022, as amended, be inserted, vention and intervention programs in rial was ordered to be printed in the the House bill then be read a third time Bridgeport, CT, and Groton, CT. They RECORD, as follows: and passed and the Senate insist on its have developed different programs that DEMOCRATIC AMENDMENTS TO COMMERCE- amendment, request a conference with make use of a wide range of resources STATE-JUSTICE the House and that the Chair be au- to fight domestic violence, utilizing po- Baucus, EDA. thorized to appoint conferees and that lice officers, involving victims’ shelters Biden, COPS. S. 1022 be indefinitely postponed. and services, incorporating counseling Biden, trust fund. The PRESIDING OFFICER. Is there for both victims and batterers, and ag- Bingaman, registration of nonprofits. objection? gressively pursuing prosecution of Bumpers, OMB. Mr. SARBANES. Mr. President, re- Byrd, anti-alcohol. batterers. serving the right to object, in the dis- Programs like these send a message Conrad, relevant. Daschle, law enforcement. cussions with the chairman of the sub- from our communities to victims and committee, as I understand it, the batterers alike. These programs say Dorgan, sense of Senate—Univ. Service Fund. amendment that is pending at the desk that domestic violence has no place in Dorgan, NII grants. will be adopted this evening. Connecticut or anywhere in our coun- Graham, public safety officers. Mr. LOTT. That is my understanding try. These programs say that if you are Harkin, funding for globe. Mr. President. a batterer, we will stop you, we will Inouye, Ninth circuit—northern terri- Mr. HOLLINGS. That is correct. catch you, and we will prosecute you to tories. The PRESIDING OFFICER. Without the fullest extent of the law. And I am Kennedy/Leahy, capital murder. objection, it is so ordered. told by police chiefs throughout Con- Kerry, COPS. Mr. LOTT. I further ask that at 8:30 necticut that that is why these pro- Lautenberg, PTO. Reed, SoS telecom slamming. a.m. on Tuesday the Senate resume the grams, and the funds that make them Robb, public safety grants. State, Justice, Commerce appropria- possible, have truly improved their Sarbanes, Sec. 408 pending No. 989. tions bill and there be 30 minutes re- ability to combat domestic violence. Wellstone, Legal Services Corp. maining, equally divided, for debate on Domestic violence is preventable, if we Wellstone, Legal Services Corp. each of the two amendments to be of- provide the funding for initiatives to Harkin, private relief. fered by Senator WELLSTONE. stop it. Hollings, managers. The PRESIDING OFFICER. Without Now, however, the elimination of Hollings, managers. objection, it is so ordered. antidomestic violence COPS grants REPUBLIC AMENDMENTS TO STATE-JUSTICE- Mr. LOTT. I further ask that it be in threatens to force an untimely end to COMMERCE order, if necessary, for each leader to successful programs like those in Con- Domenici, court appointed attorney’s fees. offer one relevant amendment on Tues- necticut. Law enforcement officials Hatch, DOJ LEG. AFFAIRS. day prior to the scheduled 9:30 votes. would be hindered in their effort to Burns, Mansfield fellowships. The PRESIDING OFFICER. Without prevent domestic violence and catch McCain, INS inoculations. objection, it is so ordered. Stevens, Cable laying. Mr. LOTT. With regard to the tuna- and punish perpetrators, and victims of Hatch, Limitation of funds for Under Sec- domestic violence would continue to retary of Commerce. dolphin issue, I ask unanimous consent suffer. Let’s not abandon police chiefs DeWine, Visas. that, at 9:30 a.m. on Friday, July 25, when they’ve just begun to win the bat- Helms, Technical. the Senate resume the motion to pro- tle against domestic violence. Let’s not Warner, Terrorism. ceed to S. 39, the tuna-dolphin bill, and turn our backs on the victims who need Coverdell, DNA testing/sex offenders. there be 30 minutes equally divided be- our help. Bond, small business. tween Senator MCCAIN, or his designee, I wrote to the Commerce-State-Jus- Warner, patent trademark. and Senator BOXER. I further ask unan- tice appropriators to ask them to Kyl, masters. imous consent that following the use Abraham, INS fingerprinting. maintain the funding for these impor- Stevens, womens World Cup. or yielding back of the time, the Sen- tant programs, and I am pleased today Coats, gambling impact. ate proceed to the vote on the motion to cosponsor the amendment that McCain, relevant. to invoke cloture on the motion to pro- would do just that. Hundreds of police McCain, relevant. ceed to S. 39.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8067 The PRESIDING OFFICER. Without mentioned amendments and the expira- I ask unanimous consent that at 5 objection, it is so ordered. tion or yielding back of time for de- o’clock on Monday, July 28, the Senate Mr. LOTT. Mr. President, I further bate, the Senate proceed to a vote on proceed to the consideration of the ask that if an agreement can be the resolution with no intervening ac- Transportation appropriations bill. reached with respect to S. 39—and it tion or debate, and, if the resolution is The PRESIDING OFFICER. Without appears there may be—it be in order agreed to, the preamble then be agreed objection, it is so ordered. for the majority leader to vitiate the to, which means that the final vote on Mr. LOTT. For the information of all cloture vote, the Senate to then imme- global warming would occur around Senators, any votes ordered with re- diately proceed to S. 39, that the man- 11:30 tomorrow morning. spect to the Transportation appropria- agers’ amendment be in order, and the Mr. KERRY. Mr. President, reserving tions bill will be postponed to occur on amendment and bill be limited to a the right to object—I will not object— Wednesday morning immediately fol- total of 30 minutes equally divided, and I simply ask the majority leader if he lowing the global warming resolution following the disposition of the amend- would modify that further, per our vote. ment the bill be advanced to third agreement, that they would be first-de- We have changed that now. The reading, and passage occur, all without gree amendments with no second-de- Transportation appropriations bill further action or debate. gree amendments. would occur on Wednesday morning. I think I should clarify this and put Mr. LOTT. Mr. President, I ask to Mr. FORD. I liked the first one bet- it in common language. further modify my unanimous-consent ter. If an agreement is worked out, we request. Mr. LOTT. Therefore, no votes will will vitiate the cloture vote. I would The PRESIDING OFFICER. Without occur during the session on Monday, like to modify that agreement to say objection, it is so ordered. July 28. that, if an agreement is reached, we Mr. LOTT. Then the modification of Mr. President, I will yield the floor will vitiate; then we will take that what we had earlier agreed to is that at this point and in a few minutes we issue up next week with 30 minutes of after that vote on Senate Resolution will recap everything we agreed to in debate and a vote next week, unless a 98, we would then have the vote on the those unanimous-consent agreements voice vote would be agreed to for to- cloture motion on tuna-dolphin unless so that they will be clear and under- morrow or next week. an agreement is worked out, at which standable. We will do that before we go The PRESIDING OFFICER. Without point we would vitiate that cloture out tonight. objection, it is so ordered. vote, and we would get a subsequent I yield the floor. Mr. LOTT. With regard to Wednesday time agreement of 30 minutes and a Mr. SARBANES addressed the Chair. The PRESIDING OFFICER. The Sen- of next week, I ask unanimous consent voice vote, or a recorded vote, on that ator from Maryland. that at 9:30 a.m., Wednesday, July 30, issue next week. the Senate proceed to the consider- Mrs. BOXER. Reserving the right to AMENDMENT NO. 989 ation of Senate Resolution 98. I further object, and I shall not object— Mr. SARBANES. Mr. President, is ask unanimous consent that there be 2 The PRESIDING OFFICER. The Sen- the Sarbanes amendment now the hours of debate on the resolution ator from California. pending business? equally divided between the chairman Mrs. BOXER. The leader did not say The PRESIDING OFFICER. The Sar- and the ranking member, or their des- exactly what time the cloture vote banes amendment is now the pending ignees, with the following amendments would take place. business. Mr. SARBANES. I ask unanimous in order to this bill. Mr. LOTT. The cloture vote would Mr. President, I suggest the absence then take place, after the global warm- consent that Senators MOYNIHAN, of a quorum. ing vote, I presume about 11:45, 11:50, HATCH, JEFFORDS, KERRY, BIDEN, and The PRESIDING OFFICER. The something of that nature. LEAHY be added as cosponsors. The PRESIDING OFFICER. Without clerk will call the roll. Mrs. BOXER. Could we say by 12 objection, it is so ordered. The bill clerk proceeded to call the o’clock? Mr. SARBANES. I hope we could roll. Mr. LOTT. It certainly would be by move to adoption of the amendment. Mr. LOTT. Mr. President, I ask unan- 12 o’clock. Mr. GREGG. I hope the Senator imous consent that the order for the Mrs. BOXER. That would be very would ask for adoption. quorum call be rescinded. helpful. One more point. If there should Mr. HOLLINGS. The question is on The PRESIDING OFFICER. Without be a recorded vote, which many of us the adoption of the amendment. objection, it is so ordered. do not anticipate, on the dolphin-tuna The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I realize it compromise, if there is one, could we question is on agreeing to the amend- gets a little confusing on how we are reserve just a couple of minutes on ei- ment. lining these up. But I think it is being ther side just to talk before that vote, The amendment (No. 989) was agreed helpful to all Senators. I think it is al- on next week, just 2 minutes? to. lowing us to complete the debate and Mr. LOTT. Before the vote next Mr. SARBANES. Mr. President, I get votes and move important legisla- week. move to reconsider the vote. tion forward in the best way possible. Mrs. BOXER. Yes. Mr. HOLLINGS. I move to lay that So the way we are getting it racked Mr. LOTT. Sure. I would hate to motion on the table. up, so to speak, I think is good for the enter into a time agreement on a spe- Mr. GRAHAM addressed the Chair. Senate, and we are trying to do the cific time now but we would have a The PRESIDING OFFICER. The Sen- right thing. vote at an agreed to time and we would ator from Florida. So I would like to modify that earlier have some time to explain it. I think it AMENDMENT NO. 993 request to this extent: is appropriate. (Purpose: To make an Amendment Relating That we come in in the morning and Mr. KERRY. It is my understanding to the Health Insurance Benefits of Certain go immediately at 9:30 to the global- the majority leader in the prior order Public Safety Officers) warming bill. That bill is Senate Reso- already requested 30 minutes. Mr. GRAHAM. Mr. President, at the lution 98. I ask consent that there be 2 Mr. LOTT. I had indicated 30 min- completion of these brief remarks, I hours of debate on the resolution utes. will send an amendment to the desk. equally divided between the chairman Mrs. BOXER. That is very accept- Mr. President, last year in consider- and the ranking member or their des- able. Thank you very much. And I ation of this same appropriations bill, ignees with the only amendments in wanted to thank the Senator from Ari- the Senate and the House adopted and order to be the following: Kerry amend- zona as well for helping resolve this the President signed into law what is ment adding specific negotiating posi- procedure. known as the Alu-O’Hara bill. This is tions; Senator BYRD’s amendment, rel- Mr. LOTT. Mr. President, I thank the legislation which was the result of a evant. Senators for their cooperation. Let us tragic circumstance in which two law I further ask unanimous consent that keep going then. I think we are making enforcement officers called to a hos- following the disposition of the above- good progress. tage-taking scene were seriously

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8068 CONGRESSIONAL RECORD — SENATE July 24, 1997 burned when the hostage taker set on Mr. GREGG addressed the Chair. communications Act passed by Con- fire the structure in which the hos- The PRESIDING OFFICER. The Sen- gress a year and a half ago. We now tages were being held. These two law ator from New Hampshire. have a balanced budget proposal that is enforcement officers were subsequently Mr. GREGG. We have no objection to in conference between the House and discharged from the law enforcement this amendment and I ask unanimous the Senate and some are saying in this agency because of their severe injuries, consent the amendment be accepted. negotiation that they want to use the and in the course of their discharge The PRESIDING OFFICER. The revenues from the universal service they lost their insurance coverage. So question is on agreeing to the amend- fund out in the year 2002 in order to now they were two heroes out of work, ment. help plug a leak on the budget side. lifetime injuries and without health in- The amendment (No. 993) was agreed The fact is the universal service fund surance. to. was never intended to be used for such This Alu-O’Hara bill, which we adopt- Mr. GRAHAM. Mr. President, I move a purpose. In fact, the universal service ed last year, provided that law enforce- to reconsider the vote. fund does not belong to the Govern- ment agencies would provide to any Mr. HOLLINGS. I move to lay that ment. It does not come into the Fed- public service officer ‘‘who retires or is motion on the table. eral Treasury and is not expended by separated from service due to an injury The motion to lay on the table was the Federal Government. It, therefore, suffered as the direct and proximate re- agreed to. ought not be a part of any discussion sult of a personal injury sustained in Mr. DORGAN addressed the Chair. on budget negotiations, and yet it is. line of duty while responding to an The PRESIDING OFFICER. The Sen- This week I have spoken several emergency situation or in hot pursuit ator from North Dakota. times to the Office of Management and with the same or better level of health Mr. DORGAN. Mr. President, I have Budget, and they have explained to me insurance benefits that are otherwise been working on a sense-of-the-Senate in great detail with no clarity at all paid by the entity to a public service resolution which I hoped to have the why it is now part of this process. I officer at the time of retirement or agreement of a number of Members of have spoken to people who claim to be separation.’’ The enforcement for this the Senate who have similar interests experts on this, and none of them have was a reduction in that local law en- on the issue of the using universal the foggiest idea about what the pro- forcement block grant award. service funds for the purpose of reach- posal actually does. Mr. President, as I indicate, this has ing a balanced budget in the budget Now, the reason I come to the floor been the law since last year. It is cur- reconciliation conference that is now to speak about it is this: We are near- rently in the House appropriations bill. going on. I know that sounds foreign as ing presumably the end of a conference, Frankly, we are seeking an oppor- a subject to those who are not familiar and if a conference report comes to the tunity to put this into substantive law with it, but I want to explain it a little floor of the Senate using the universal so we will not have to continue to rely bit and describe why this is important. service fund as part of a manipulated upon the appropriations bill as the I have spoken to a number of Sen- set of revenues in the year 2002, in means of continuing this important ators in the Chamber this evening— order to reach some sort of budget fig- protection for law enforcement officers Senator STEVENS, the distinguished ure, it will be an enormous disservice which has strong support by all the chairman of the Senate Appropriations for the universal service fund. It will major law enforcement agencies in Committee, Senator ROCKEFELLER, deny the purpose of the fund for which America. Senator HOLLINGS, Senator DASCHLE, we in the Commerce Committee So I send this amendment to the desk Senator SNOWE, and others who are worked so hard to preserve in the Tele- and will ask my colleagues for its fa- concerned about something that is hap- communications Act of 1996. This pro- vorable adoption when we consider pening in the reconciliation conference vision in the reconciliation bill will set these matters on Tuesday. that could have a significant impact on a precedent that will be a terrible The PRESIDING OFFICER. The the cost of telephone service in rural precedent for the future. The result clerk will report the amendment. The areas in this country in the years will be, I guarantee, higher phone bills bill clerk read as follows: ahead. Here is what it is. in rural areas in this country in the The Senator from Florida [Mr. GRAHAM] Our country has been fortunate to years ahead. proposes an amendment numbered 993. enjoy the benefits of a telecommuni- I once stopped at a hotel in Min- Mr. GRAHAM. Mr. President, I ask cations system that says it does not neapolis, MN, and there was a sign at unanimous consent that reading of the matter where you live. If you live in an the nearest parking space to the front amendment be dispensed with. area where you have very high-cost door, and it said ‘‘Manager’s parking The PRESIDING OFFICER. Without service, there will be something called space.’’ And then below it, it said, objection, it is so ordered. a universal service fund that helps ‘‘Don’t even think about parking The amendment is as follows: drive down that high cost so that ev- here.’’ I don’t expect anybody ever At the appropriate place in title I of the eryone in this country can afford tele- parked in that space besides the man- bill, insert the following: phone service, universally affordable ager. Don’t even think about parking SEC. 1. Of the amounts made available telephone service. That is what the here. I hope that the Senate will pass under this title under the heading ‘‘OFFICE universal service fund is designed to do OF JUSTICE PROGRAMS’’ under the sub- the sense-of-the-Senate resolution I heading ‘‘STATE AND LOCAL LAW ENFORCEMENT and has been designed to do for a long, have proposed that says to the rec- ASSISTANCE’’, not more than 90 percent of the long while. I come from a town of 300 onciliation conference: ‘‘do not even amount otherwise to be awarded to an entity people and telephone service there is think about this.’’ I say to the budget under the Local Law Enforcement Block affordable because the universal serv- reconciliation conferees: ‘‘do not try to Grant Program shall be made available to ice fund drives down the rate of what bring to the floor of the Senate or the that entity, if it is made known to the Fed- would otherwise be high cost. The ben- House a budget reconciliation con- eral official having authority to obligate or efits of a national system is that every ference report that manipulates and expend such amounts that the entity em- telephone in the country makes every ploys a public safety officer (as that term is misuses the universal service fund.’’ It defined in section 1204 of title I of the Omni- other telephone more valuable. A tele- is not right, it is not fair, and it will bus Crime Control and Safe Streets Act of phone in my hometown in Regent, ND, destroy the underpinnings of what we 1968) does not provide an employee who is makes Donald Trump’s telephone more have done in telecommunications pol- public safety officer and who retires or is valuable in New York City because he icy to provide affordable telephone separated from service due to injury suffered can reach that telephone in Regent, service across this country for all as the direct and proximate result of a per- ND. That is the whole concept of uni- Americans. Yes, especially, most espe- sonal injury sustained in the line of duty versally affordable telephone service, cially Americans who live in the rural while responding to an emergency situation and it is why we have a universal serv- or a hot pursuit (as such terms are defined areas of this country. by State law) with the same or better level ice fund. I have enormous respect for those of health insurance benefits that are other- Now, having said that, the universal people who put these budgets together. wise paid by the entity to a public safety of- service fund was reconstructed some— It is not easy. But this instance of ficer at the time of retirement or separation. but not dramatically—during the Tele- using the universal service fund as is

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8069 now being proposed is, I am afraid, Mr. DOMENICI. Mr. President, I ask defendant’s interests set forth in subpara- budget juggling at its worst. Juggling I unanimous consent that reading of the graph (D) will be compromised.’’. suppose at a carnival or in the back- amendment be dispensed with. Mr. DOMENICI. Mr. President, I am yard is entertaining. Juggling in this The PRESIDING OFFICER. Without not sure, if I were to ask every Senator circumstance using universal fund sup- objection, it is so ordered. to take a guess, anyone would come port to manipulate the numbers in 2002 The amendment is as follows: anywhere close to answering this ques- is not entertaining to me. It is fun- At the appropriate place in title I of the tion correctly. damentally wrong. This money does bill, insert the following: I ask, how many dollars do you think not belong to the Federal Government. SEC. 1. PUBLIC DISCLOSURE OF COURT AP- we spent last year paying for defense It does not come to the Federal Treas- POINTED ATTORNEYS’ FEES. lawyers for criminals in the Federal ury, and it is not spent by the Federal Section 3006A(d) of title 18, United States court who claim they don’t have Code, is amended by striking paragraph (4) Government and has no place and no enough money to defend themselves? and inserting the following: We have an obligation. The court has business in any reconciliation con- ‘‘(4) DISCLOSURE OF FEES.— ference report. ‘‘(A) IN GENERAL.—Subject to subpara- interpreted our Constitution to say I was flabbergasted to learn that it graphs (B) through (E), the amounts paid they must have counsel, so I am not was there and it is being discussed. I under this subsection for services in any case here complaining. But I don’t think have spoken to the Director of the Of- shall be made available to the public by the anyone—I see my friend from Iowa fice of Management and Budget about court upon the court’s approval of the pay- looking at me—would guess $308 mil- this several times this week, spoken to ment. lion, and growing tremendously, tax- ‘‘(B) PRE-TRIAL OR TRIAL IN PROGRESS.—If a payers’ dollars to defend criminals in others who are involved with it. And I trial is in pre-trial status or still in progress must tell you I think that the Congres- and after considering the defendant’s inter- the Federal court system. sional Budget Office, the Office of Man- ests as set forth in subparagraph (D), the I am not asking in this amendment agement and Budget, and any member court shall— that we review that process, although I of the conference that espouses this is ‘‘(i) redact any detailed information on the kind of cry out to any committee that making a terrible, terrible mistake. I payment voucher provided by defense coun- has jurisdiction and ask them to take a hope that the Senate will pass the sel to justify the expenses to the court; and look. All I am doing in this amendment sense-of-the-Senate resolution I have ‘‘(ii) make public only the amounts ap- is changing the law slightly with ref- proved for payment to defense counsel by di- erence to letting the taxpayer know proposed and that we can garner the viding those amounts into the following cat- support of the position I now espouse egories: how much we are paying criminal de- to say as that parking sign, ‘‘don’t ‘‘(I) Arraignment and or plea. fense lawyers. All this amendment does even think about this.’’ It is wrong, ‘‘(II) Bail and detention hearings. is say when a payment is made to a and it will disserve the interests that ‘‘(III) Motions. criminal defense lawyer, a form has to we have fought so hard to preserve af- ‘‘(IV) Hearings. be filed that indicates that payment. fordable telephone service all across ‘‘(V) Interviews and conferences. There is no violation of the sixth ‘‘(VI) Obtaining and reviewing records. amendment because there are no de- this country. ‘‘(VII) Legal research and brief writing. The Senator from South Carolina has ‘‘(VIII) Travel time. tails. We are not going to, in this state- spent a great deal of time on this issue, ‘‘(IX) Investigative work. ment, reveal the secret strategy of the as has the Senator from Alaska, the ‘‘(X) Experts. defense counsel or their latest deposi- Senator from West Virginia, the Sen- ‘‘(XI) Trial and appeals. tion theory. We are just saying, reveal ator from Maine, and so many others. ‘‘(XII) Other. the dollar amount so the American ‘‘(C) TRIAL COMPLETED.— As I said, the wording is not yet agreed people know, through public sources, ‘‘(i) IN GENERAL.—If a request for payment how much we are paying. to on the sense-of-the-Senate resolu- is not submitted until after the completion tion. I hope it will be very shortly, and of the trial and subject to consideration of Frankly, if I had a little more time, when it is I hope we will pass it and the defendant’s interests as set forth in sub- I would state some of the fees that we send a message that any conference re- paragraph (D), the court shall make avail- finally have ascertained, and I think port that comes back here ought not able to the public an unredacted copy of the many would say, ‘‘Are you kidding?’’ I use universal service support funds be- expense voucher. will just give you three that we know cause they are not our funds to use. ‘‘(ii) PROTECTION OF THE RIGHTS OF THE DE- of. FENDANT.—If the court determines that de- Mr. President, I yield the floor. Mr. President, what would you say if fendant’s interests as set forth in subpara- I told you that from the beginning of Mr. DOMENICI addressed the Chair. graph (D) require a limited disclosure, the The PRESIDING OFFICER. The Sen- court shall disclose amounts as provided in fiscal year 1996 through January 1997, ator from New Mexico. subparagraph (B). $472,841 was paid to a lawyer to defend AMENDMENT NO. 994 ‘‘(D) CONSIDERATIONS.—The interests re- a person accused of a crime so heinous (Purpose: To amend section 3006A of title 18, ferred to in subparagraphs (B) and (C) are— that the United States Attorney in the United States Code, to provide for the pub- ‘‘(i) to protect any person’s 5th amendment Northern District of New York is pur- lic disclosure of court appointed attorneys’ right against self-incrimination; suing the death penalty? Who paid for ‘‘(ii) to protect the defendant’s 6th amend- fees upon approval of such fees by the this lawyer—the American taxpayer. ment rights to effective assistance of coun- court) What would you say if I told you that sel; Mr. DOMENICI. Mr. President, I have ‘‘(iii) the defendant’s attorney-client privi- $470,968 was paid to a lawyer to defend an amendment and I understand it is lege; a person accused of a crime so rep- going to be accepted. I will let the ‘‘(iv) the work product privilege of the de- rehensible that, there too, the United managers do that in their wrap-up if fendant’s counsel; States Attorney in the Southern Dis- they would like unless the Senator has ‘‘(v) the safety of any person; and trict of Florida is also pursuing the indicated that it is all right. ‘‘(vi) any other interest that justice may death penalty? Who paid for this law- Mr. President, I ask, has Senator require. yer—the American taxpayer. ‘‘(E) NOTICE.—The court shall provide rea- HOLLINGS cleared it? sonable notice of disclosure to the counsel of What would you say if I told you that Mr. HOLLINGS. It has been cleared. the defendant prior to the approval of the during the same period, for the same Mr. DOMENICI. I thank the Senator payments in order to allow the counsel to re- purpose, $443,683 was paid to another very much. quest redaction based on the considerations attorney to defend a person accused of I send an amendment to the desk, set forth in subparagraph (D). Upon comple- a crime so villainous that the United and since it is acceptable on both sides tion of the trial, the court shall release States Attorney in the Northern Dis- I ask for its immediate consideration. unredacted copies of the vouchers provided trict of New York is pursuing the death The PRESIDING OFFICER. The by defense counsel to justify the expenses to penalty? Who paid for this lawyer—the the court. If there is an appeal, the court clerk will report. shall not release unredacted copies of the American taxpayer. The assistant legislative clerk read vouchers provided by defense counsel to jus- Now, Mr. President, what would you as follows: tify the expenses to the court until such say if I told you that some of these The Senator from New Mexico [Mr. DOMEN- time as the appeals process is completed, un- cases have been ongoing for three or ICI] proposes an amendment numbered 994. less the court determines that none of the more years and that total fees in some

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8070 CONGRESSIONAL RECORD — SENATE July 24, 1997 instances will be more than $1 million much criminal defense lawyers are might compromise the alleged crimi- in an individual case? That’s $1 million being paid should not be a secret. nal’s precious sixth amendment rights. to pay criminal lawyers to defend peo- There is a way in which we can protect Mr. President, I believe that my bill ple accused of the most vicious types of the alleged criminal’s sixth amend- is a modest step toward assuring that murders often which are of the greatest ment rights and still honor the Amer- the American taxpayer have timely ac- interest to the communities in which ican taxpayer’s right to know. Mr. cess to this information. In addition to they were committed. President, that is what my bill does. these CJA payment vouchers, criminal At minimum, Mr. President, this Current law basically leaves the lawyers must also supply the court Senator would say that we are spend- question of when and whether court ap- with detailed time sheets that recount ing a great deal of money on criminal pointed attorneys’ fees should be dis- with extreme particularity the nature defense lawyers and the American tax- closed at the discretion of the Judge in of the work performed. These detailed payer ought to have timely access to which the particular case is being time sheets break down the work per- the information that will tell them tried. My bill would take some of that formed by the criminal lawyer to the who is spending their money, and how discretion away and require that dis- minute. They name each and every per- it is being spent. That is why today I closure occur once the payment has son that was interviewed, each and am introducing the ‘‘Disclosure of been approved. every phone call that was made, the Court Appointed Attorney’s Fees and My bill continues to protect the de- subjects that were discussed and the Taxpayer Right to Know Act of 1997’’. fendant’s sixth amendment right to ef- days and the times they took place. Under current law, the maximum fective assistance of counsel, the de- They go into intimate detail about amount payable for representation be- fendant’s attorney client privilege, the what was done to prepare briefs, con- fore the United States Magistrate or work product immunity of defendant’s duct investigations, and prepare for the District Court, or both, is limited counsel, the safety of any witness, and trial. to $3,500 for each lawyer in a case in any other interest that justice may re- Mr. President, clearly if this infor- which one or more felonies are charged quire by providing notice to defense mation were subject to public disclo- and $125 per hour per lawyer in death counsel that this information will be sure the alleged criminal’s sixth penalty cases. Many Senators might released, and allowing defense counsel, amendment rights might be com- ask, if that is so, why are these exorbi- or the court on its own, to redact any promised. My bill does not seek to tant amounts being paid in the par- information contained on the payment make this sensitive information sub- ticular cases you mention? I say to my voucher that might compromise any of ject to public disclosure, but rather colleagues the reason this happens is the aforementioned interests. That continues to leave it to the Judge to because under current law the max- means that the criminal lawyer can determine if and when it should be re- imum amounts established by statute ask the Judge to take his big black leased. In this way, my bill recognizes may be waived whenever the judge cer- marker and black-out any information and preserves the delicate balance be- tifies that the amount of the excess that might compromise these precious tween the American taxpayers’ right to payment is necessary to provide ‘‘fair Sixth Amendment rights, or the Judge know how their money is being spent, compensation’’ and the payment is ap- can make this decision on his own. In and the alleged criminal’s right to a proved by the Chief Judge on the cir- any case, the Judge will let the crimi- fair trial. cuit. In addition, whatever is consid- nal lawyer know that this information I believe we should take every rea- ered ‘‘fair compensation’’ at the $125 will be released and the criminal law- sonable step to protect any disclosure per hour per lawyer rate may also be yer will have the opportunity to re- that might compromise the alleged approved at the Judge’s discretion. quest the Judge black-out any compro- criminal’s sixth amendment rights. My Mr. President, the American tax- mising information from the payment bill does this by providing notice to de- payer has a legitimate interest in voucher. fense counsel of the release of the in- knowing what is being provided as How would this occur? Under current formation, and providing the Judge ‘‘fair compensation’’ to defend individ- law, criminal lawyers must fill out with the authority to black-out any of uals charged with these dastardly Criminal Justice Act payment vouch- the barebones information contained crimes in our federal court system. Es- ers in order to receive payment for on the payment voucher if it might pecially when certain persons the services rendered. Mr. President, I have compromise any of the aforementioned American taxpayer is paying for mock brought two charts to the floor to pro- interests. I believe it is reasonable and the American Justice System. A recent vide Senators with an example of what fair, and I hope I will have my col- Nightline episode reported that one of these payment vouchers look like so leagues’ support. the people the American taxpayer is that they can get an understanding of I am very pleased the Senate will ac- shelling out their hard earned money what my bill would accomplish. These cept this. I hope the House does. I be- to defend urinated in open court, in two payment vouchers are the standard lieve they will. Because I think the front of the Judge, to demonstrate his vouchers used in the typical felony and public has a right to know. As a matter feelings about the judge and the Amer- death penalty cases prosecuted in the of fact, I think we have a right to ican judicial system. federal district courts. As you can see know, case by case, payment by pay- I want to be very clear about what Mr. President, the information on ment, how much is being paid by the exactly my bill would accomplish. The these payment vouchers describes in taxpayer to defend criminals in the question of whether these enormous barebones fashion the nature of the Federal court. fees should be paid for these criminal work performed and the amount that is I yield the floor. lawyers is not, I repeat, is not a focus paid for each category of service. THE PRESIDING OFFICER. If there of my bill. In keeping with my strongly My bill says that once the Judge ap- be no further debate, the question is on held belief that the American taxpayer proves these payment vouchers that agreeing to the amendment. has a legitimate interest in having they be publicly disclosed. That means The amendment (No. 994) was agreed timely access to this information, my that anyone can walk down to the fed- to. bill simply requires that at the time eral district court where the case is Mr. DOMENICI. Mr. President, I the court approves the payments for being tried and ask the clerk of the move to reconsider the vote. these services, that the payments be court for copies of the relevant CJA Mr. GREGG. I move to lay that mo- publicly disclosed. Many Senators are payment vouchers. It’s that simple. tion on the table. probably saying right now that this Nothing more. Nothing less. The motion to lay on the table was sounds like a very reasonable request, Before the court releases this infor- agreed to. and I think it is, but the problem is mation it will provide notice to defense AMENDMENT NO. 995 that often times these payments are counsel that the information will be re- (Purpose: To Provide for the Payment of not disclosed until long after the trial leased, and either the criminal lawyer, Special Masters, and for Other Purposes) has been completed, and in some cases or the Judge on his/her own, may Mr. GREGG. Mr. President, on behalf they may not be disclosed at all if the black-out any of the barebones infor- of Senator KYL, I send an amendment remains are sealed by the Judge. How mation on the payment voucher that to the desk.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8071 The PRESIDING OFFICER. The SEC. . REPORT ON COLLECTING DNA SAMPLES The amendment is as follows: FROM SEX OFFENDERS. clerk will report. At the appropriate place, insert the fol- The assistant legislative clerk read (a) DEFINITIONS.—In this section— lowing: (1) the terms ‘‘criminal offense against a as follows: victim who is a minor’’, ‘‘sexually violent of- SEC. . SENSE OF THE SENATE THAT THE FED- The Senator from New Hampshire [Mr. ERAL GOVERNMENT SHOULD NOT fense’’, and ‘‘sexually violent predator’’ have MANIPULATE UNIVERSAL SERVICE GREGG], for Mr. KYL, proposes an amendment the meanings given those terms in section SUPPORT PAYMENTS TO BALANCE numbered 995. 170101(a) of the Violent Crime Control and THE FEDERAL BUDGET. The amendment is as follows: Law Enforcement Act of 1994 (42 U.S.C. Whereas the Congress reaffirmed the im- At the appropriate place, insert the fol- 14071(a))); portance of universal service support for lowing: (2) the term ‘‘DNA’’ means deoxyri- telecommunications services by passing the bonucleic acid; and Telecommunications Act of 1996; SEC. . SPECIAL MASTERS FOR CIVIL ACTIONS (3) the term ‘‘sex offender’’ means an indi- Whereas the Telecommunications Act of CONCERNING PRISON CONDITIONS. vidual who— 1996 required the Federal Communications Section 3626(f) of title 18, United States (A) has been convicted in Federal court Commission to preserve and advance uni- Code, is amended— of— versal service based on the following prin- (1) by striking the subsection heading and (i) a criminal offense against a victim who ciples: inserting the following: is a minor; or (A) Quality services should be available at ‘‘(f) SPECIAL MASTERS FOR CIVIL ACTIONS (ii) a sexually violent offense; or just, reasonable, and affordable rates; CONCERNING PRISON CONDITIONS.—’’; and (B) is a sexually violent predator. (B) Access to advanced telecommuni- (2) in paragraph (4)— (b) REPORT.—From amounts made avail- cations and information services should be (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; able to the Department of Justice under this provided in all regions of the Nation; (B) in subparagraph (A), as so designated, title, not later than 180 days after the date of (C) Consumers in all regions of the Nation, by adding at the end the following: ‘‘In no enactment of this Act, the Attorney General including low-income consumers and those event shall a court require a party to a civil shall submit to Congress a report, which in rural, insular, and high cost areas, should action under this subsection to pay the com- shall include a plan for the implementation have access to telecommunications and in- pensation, expenses, or costs of a special of a requirement that, prior to the release formation services, including interexchange master. Notwithstanding any other provision (including probation, parole, or any other su- services and advanced telecommunications of law (including section 306 of the Act enti- pervised release) of any sex offender from and information services, that are reason- tled ‘An Act making appropriations for the Federal custody following a conviction for a ably comparable to those services provided Departments of Commerce, Justice, and criminal offense against a victim who is a in urban areas and that are available at State, the Judiciary, and related agencies for minor or a sexually violent offense, the sex rates that are reasonably comparable to the fiscal year ending September 30, 1997,’ offender shall provide a DNA sample to the rates charged for similar services; contained in section 101(a) of title I of divi- (D) All providers of telecommunications appropriate law enforcement agency for in- sion A of the Act entitled ‘An Act making services should make an equitable and non- clusion in a national law enforcement DNA omnibus consolidated appropriations for the discriminatory contribution to the preserva- database. fiscal year ending September 30, 1997’ (110 tion and advancement of universal service; (c) PLAN REQUIREMENTS.—The plan sub- Stat. 3009–201)) and except as provided in sub- (E) There should be specific, predictable, mitted under subsection (b) shall include paragraph (B), the requirement under the and sufficient Federal and State mechanisms recommendations concerning— preceding sentence shall apply to the com- to preserve and advance universal service; (1) a system for— and pensation and payment of expenses or costs (A) the collection of blood and saliva speci- of a special master for any action that is (F) Elementary and secondary schools and mens from any sex offender; classrooms, health care providers, and librar- commenced, before, on, or after the date of (B) the analysis of the collected blood and ies should have access to advanced tele- enactment of the Prison Litigation Reform saliva specimens for DNA and other genetic communications services; Act of 1995.’’; and typing analysis; and (C) by adding at the end the following: Whereas Federal and State universal con- (C) making the DNA and other genetic typ- tributions are administered by an inde- ‘‘(B) The payment requirements under sub- ing information available for law enforce- paragraph (A) shall not apply to the pay- pendent, non-Federal entity and are not de- ment purposes only; posited into the Federal Treasury and there- ment to a special master who was appointed (2) guidelines for coordination with exist- before the date of enactment of the Prison fore not available for Federal appropriations; ing Federal and State DNA and genetic typ- Whereas the Conference Committee on Litigation Reform Act of 1995 (110 Stat. 1321– ing information databases and for Federal 165 et seq.) of compensation, expenses, or H.R. 2015, the Budget Reconciliation Bill, is cooperation with State and local law in shar- considering proposals that would withhold costs relating to activities of the special ing this information; master under this subsection that were car- Federal and State universal service funds in (3) addressing constitutional, privacy, and the year 2002; and ried out during the period beginning on the related concerns in connection with manda- date of enactment of the Prison Litigation Whereas the withholding of billions of dol- tory submission of DNA samples; and lars of universal service support payments Reform Act of 1995 and ending on the date of (4) procedures and penalties for the preven- enactment of this subparagraph.’’. will mean significant rate increases in rural tion of improper disclosure or dissemination and high cost areas and will deny qualifying Mr. GREGG. I move to set aside the of DNA or other genetic typing information. schools, libraries, and rural health facilities amendment by Senator KYL. Mr. HOLLINGS addressed the Chair. discounts directed under the Telecommuni- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- cations Act of 1996: objection, it is so ordered. ator from South Carolina. Now, therefore, be it Resolved, That it is the sense of the Senate AMENDMENT NO. 996 AMENDMENT NO. 997 that the Conference Committee on H.R. 2015 (Purpose: To require the Attorney General to (Purpose: To Express the Sense of the Senate should not manipulate, modify, or impair submit a report on the feasibility of requir- That the Federal Government Should not universal service support as a means to ing convicted sex offenders to submit DNA Withhold Universal Service Support Pay- achieve a balanced Federal budget or achieve samples for law enforcement purposes) ments) Federal budget savings. Mr. GREGG. Mr. President, I send an Mr. HOLLINGS. On behalf of Senator AMENDMENT NO. 998 amendment to the desk and ask for its DORGAN and others, I send an amend- Mr. HOLLINGS. Mr. President, I immediate consideration. ment to the desk and ask the clerk to also, on behalf of the distinguished The PRESIDING OFFICER. The report. Senator from Delaware, Senator BIDEN, clerk will report. The PRESIDING OFFICER. The send an amendment to the desk and The assistant legislative clerk read clerk will report. ask the clerk to report it. as follows: The assistant legislative clerk read The PRESIDING OFFICER. The The Senator from New Hampshire [Mr. as follows: clerk will report. GREGG], for Mr. COVERDELL, proposes an The Senator from South Carolina [Mr. The assistant legislative clerk read amendment numbered 996. HOLLINGS], for Mr. DORGAN, for himself, Mr. as follows: Mr. GREGG. Mr. President, I ask ROCKEFELLER, Mr. HOLLINGS and Mr. The Senator from South Carolina [Mr. unanimous consent that reading of the DASCHLE, proposes an amendment numbered HOLLINGS], for Mr. BIDEN, proposes an amendment be dispensed with. 997. amendment numbered 998. The PRESIDING OFFICER. Without Mr. HOLLINGS. Mr. President, I ask Mr. HOLLINGS. Mr. President, I ask objection, it is so ordered. unanimous consent that reading of the unanimous consent that reading of the The amendment is as follows: amendment be dispensed with. amendment be dispensed with. At the appropriate place in title I of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without bill, insert the following: objection, it is so ordered. objection, it is so ordered.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8072 CONGRESSIONAL RECORD — SENATE July 24, 1997 The amendment is as follows: mayed that Congress has chosen universal U.S. government should somehow have ac- At the appropriate place, insert the fol- telephone service as a vehicle to balance the cess to these private universal service mon- lowing: budget by the year 2002. While USTA recog- eys for the sole purpose of balancing the nizes the endeavors of key leaders in reject- budget. SEC. . EXTENSION OF VIOLENT CRIME REDUC- ing spectrum fees and other inappropriate Specifically, in attempting to make up for TION TRUST FUND. budget proposals, exploiting the universal a $2 billion budget shortfall, the U.S. House Section 310001(b) of the Violent Crime Con- telephone service fund to balance the budget of Representatives has adopted a reconcili- trol and Law Enforcement Act of 1994 (42 is not only bad precedent, it is bad tele- ation package that uses universal service U.S.C. 14211(b)) is amended— communications policy. Accordingly, USTA support moneys to meet its present budget (1) in paragraph (5), by striking ‘‘and’’ at strenuously urges you to oppose this pro- objectives and even seems to suggest that a the end; posal in conference. totally unnecessary appropriation is in- (2) in paragraph (6), by striking the period In its effort to meet the budget accord, the volved. This proposal borrows $2 billion in at the end and inserting a semicolon; and U.S. House of Representatives adopted a rec- fiscal year (FY) 2001 while artificially reduc- (3) by adding at the end the following: onciliation package that maneuvers uni- ing universal service support by this same ‘‘(7) for fiscal year 2001, $4,355,000,000; and versal telephone service support moneys to amount in FY 2002—budget gimmickry Con- ‘‘(8) for fiscal year 2002, $4,455,000,000.’’. satisfy current budgetary objectives. To gress should reject. This proposal unneces- Beginning on the date of enactment of this make up for a $2 billion budget shortfall, the sarily jeopardizes a privately run support legislation, the non-defense discretionary House’s proposal borrows $2 billion in FY system that continues to work without fed- spending limits contained in Section 201 of 2001 while artificially reducing universal eral monetary aid. Such a misleading ‘‘scor- H.Con Res. (105th Congress) are reduced as telephone service support by this same ing’’ device sets a dangerous precedent that follows: amount in FY 2002. This proposal needlessly could permanently damage the nation’s stat- for fiscal year 2001, $4,355,000,000 in new jeopardizes a privately run support system utory universal service policy and budget budget authority and $5,936,000,000 in out- that continues to work without federal mon- process. lays; etary aid. Moreover, such a ‘‘scoring’’ device Our organizations have opposed the Office for fiscal year 2002, $4,455,000,000 in new of Management and Budget (OMB) and the sets a dangerous precedent that could dam- budget authority and $4,485,000,000 in out- Congressional Budget Office (CBO) for more age this nation’s universal telephone service lays. than two years over their claims of author- policy necessary to maintain nationwide, af- ity to reflect universal service transactions Mr. HOLLINGS. Mr. President, I sug- fordable telecommunications service. on the federal budget. Universal service flow USTA has opposed the Office of Manage- gest the absence of a quorum. transactions represent the collection and ment and Budget and the Congressional The PRESIDING OFFICER. The distribution of private moneys, for the sole Budget Office for more than two years over clerk will call the roll. purpose of recovering private investment and their claims of authority to reflect universal The assistant legislative clerk pro- expenses necessary to maintain nationwide telephone service transactions on the federal ceeded to call the roll. universal telecommunications service. budget. The Telecommunications Act clearly Therefore, universal service moneys logi- Mr. ROCKEFELLER. Mr. President, I establishes the manner in which universal ask unanimous consent that the order cally cannot be classified as either federal telephone service funds are collected and dis- receipts or federal disbursements and thus for the quorum call be rescinded. bursed. Pursuant to the Act, universal tele- legally should not be associated with the fed- The PRESIDING OFFICER. Without phone service moneys logically should not be eral budget, as the administration has in- objection, it is so ordered. classified as either federal receipts or federal sisted and the Congress has allowed. Mr. ROCKEFELLER. Mr. President, disbursements and thus should not be associ- We are pleased that Congress rejected spec- the junior Senator from West Virginia ated with the federal budget, as the Adminis- trum fees and other inappropriate proposals wishes to continue, a little bit, the tration has insisted and Congress has al- that had the sole intent of meeting budg- lowed. comments that were made by the Sen- etary targets. However, manipulation of uni- USTA appreciates your continued support versal service moneys to look like U.S. gov- ator from North Dakota [Mr. DORGAN]. regarding the elimination of such budget ernment resources is not only bad precedent, Needless to say, the Senator from West proposals as the imposition of spectrum fees. but also had telecommunications policy. Any Virginia not only wholly agrees with Similarly, USTA strongly urges you to re- measure embracing such a proposal should him, but would carry the argument ject any proposals that would seek to bal- be strenuously opposed. We hope we can even further. ance the budget at the expense of universal count on your support to keep such initia- The concept of universal service is telephone service. We hope we can count on tives out of the final conferenced reconcili- you to help keep such initiatives out of the literally sacred in our country. For the ation package. Please feel free to contact final conferenced agreement. any one of our organizations if you have majority of the people of our land, Sincerely, questions about this critical matter. which is rural land, it is the only life- ROY NEEL, Sincerely, line they have potentially to the President and CEO. JOHN F. O’NEAL, present day and to their future day. General Counsel, National They are able to afford certain kinds of NRTA—NTCA—OPASTCO, Rural Telecom rural rates. But if people start to take RURAL TELEPHONE COALITION, Association. the universal service fund and use it Washington, DC, July 10, 1997. MICHAEL E. BRUNNER, DEAR SENATOR/REPRESENTATIVE: The un- for any other purpose other than what Executive Vice Presi- dersigned collectively representing approxi- dent and Chief Exec- it was originally intended, the whole mately 850 of the nation’s small rural incum- utive Officer, Na- system of equality between rural bent local exchange carriers, have been tional Telephone Co- States and urban States, of user States closely following the struggle of the Con- operative Associa- and using States, disappears. The congress to develop a reconciliation package tion. cept of universal service is ended. that meets the targets assigned by the re- JOHN N. ROSE, I would like to suggest that this is cent budget accord. Although we understand President, Organiza- the difficult nature of this task, we applaud tion for the Pro- not a thought which is held by myself the efforts of key leaders who have prevented alone. I ask at this moment to have motion and Ad- the adoption of many of the more unrealistic vancement of Small printed in the RECORD a letter from the and unjustified concepts for meeting the Telecommunications U.S. Telephone Association and a let- agreement’s targets. These concepts include Companies. ter from the Rural Telephone Coalition auctioning electromagnetic radio spectrum Mr. ROCKEFELLER. There is an- on the subject that the Senator from at all costs, imposing new electromagnetic radio spectrum fees and auctioning toll-free other aspect which worries me greatly. North Dakota and I were discussing. I have heard so many people talk about There being no objection, the letters ‘‘vanity’’ numbers. However, we are alarmed that the U.S. the importance of technology and the were ordered to be printed in the House of Representatives, in its last-minute importance of understanding that tech- RECORD, as follows: effort to achieve the budget agreement’s tar- nology is our future and the fact that UNITED STATES gets, adopted a reconciliation package con- so many of the people in our rural TELEPHONE ASSOCIATION, taining language that manipulates universal areas and in our urban areas are not Washington, DC, July 9, 1997. service support moneys to do so. Universal hooked up to the Internet and hooked YRON ORGAN telecommunications service is a national Hon. B L. D , up to all of the advantages that tech- U.S. Senate, policy objective, but the moneys that are in- Washington, DC. volved in effectuating this policy are strictly nology and the computer brings us. It DEAR SENATOR DORGAN: The United States private, not governmental as the House ini- was with that in mind that during the Telephone Association (‘‘USTA’’), rep- tiative attempts to suggest. The House pro- consideration of the Telecommuni- resenting more than 1,200 companies, is dis- vision seeks to create the illusion that the cations Act, a number of Senators, led

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8073 by Senator SNOWE of Maine, put for- Several Senators addressed the of the Commission’s rules for the fiscal year ward an amendment which would Chair. 2002 shall not exceed the amount of revenue allow, for the very first time, money to The PRESIDING OFFICER. The Sen- to be collected for that fiscal year, less [blank] billion dollars. be used with the full consent of the ator from South Carolina. Section 3006(B) further provides that any carriers, to be used to wire up 116,000 Mr. HOLLINGS. Mr. President, NECA outlays not made from the universal service schools in this country, endless num- is the National Exchange Carriers As- fund in fiscal year 2002 under subsection (A) bers of public libraries, enormous num- sociation. Mr. President, this associa- are immediately available commencing Oc- bers of rural health clinics so that they tion was formed at the breakup of tober 1, 2002. could develop in the practice of tele- AT&T back in 1984, and it is a private The conferees note that this subsection shall not be construed to require the amount medicine and other new technologies entity, whereby the different carriers, of revenues collected under part 54 of the that are now and will be available. through their trade associations, self- Commission’s rules to be increased. If what is being contemplated by impose, in an intermittent fashion, the What in the world, how else is it those who are working on the rec- amounts due and owing in order to con- going to be done? If you take the onciliation process is the use of uni- stitute what we call the universal serv- amount of the funds necessary to keep versal service money to plug up a po- ice fund. It is a private entity. There is universal service constant, less X bil- tential shortfall in the spectrum auc- no Federal law that says you can be a lion dollars or million dollars, what- tion, the entire Snowe amendment, member or shall be a member or you ever, that they want to fit in here for which relates to whether or not we are cannot be a member. It is not under a budget fix, then the companies and going to have a first- or second-class the Federal law; it is under this par- the associations through their compa- citizenry in this country —first-class ticular entity that it was associated nies that make the contributions are being those who have the money to with and together at that particular going to have to immediately either have computers in their schools and at time of the breakup. cut out the service under the service home and then the second class, and It depends on the volume of business, fund and the rules and regulations of that being the majority, being those obviously. If you get a greater volume the entity that controls it or raise the who do not—all of that will go down. and more burdens and so forth—for rates, and then the politicians will all I make the further point that this is high-cost areas is really what it was run around saying, ‘‘I’m against taxes, not the Government’s money. Some for, initially. It is now being extended I’m against rate increases,’’ when they may try to argue that it is, but it is to rural, being extended for the schools are causing it in a shameful, shameless money that is paid into a special fund and the hospitals. But the high-cost way in this particular provision and and it is money which is being adminis- areas are being taken care of under not even put in the amount. They have tered by something called NECA, which this universal service fund. a blank here, and they are going to fill is the ‘‘national exchange cable asso- Mr. President, what we are seeing in the amount, and it is another smoke ciation’’—I believe that is what it here—and I hope the conferees on rec- and another mirror and another loot. stands for. They are private. They are onciliation get the message—this is the Oh, yes, wonderful. We pass over- private. They are a private entity ad- epitome of the national loot. In 1994, whelmingly the Pension Reform Act to ministering this fund. this Congress passed, President Clinton make sure that it is a trust and it can This has been through a Senate proc- signed into law the Pension Reform be depended upon, and here, in the very ess where it was agreed to in a bipar- Act. Under that Pension Reform Act, it same Congress, we come around and we tisan debate, 98 to 1. It has been provided certain penalties, whereby loot all the particular funds, and now through a joint board, FCC process, you can’t loot the pension funds of the we find a private one. Maybe they will that is State and FCC together, voting particular corporate America. They get the Brownback fund before they get 8 to nothing, and through a further wanted to make sure that a person in through, if they can find it, and add final FCC process, 4 to nothing—unani- this particular corporation who had that to it, too. They can get anybody’s mous, virtually the entire way worked over the years and everything fund and put something down in black through. else, didn’t have a newcomer in a merg- and white and they say, ‘‘Oh, what If the budget negotiators use this er or buyout or whatever it is, abscond good boys we are. We put in our thumb universal service fund for any purpose with all the moneys and all of a sudden and pulled out a plum, and we balance the budget.’’ other than for the purposes that the your pension was gone. Turn to page 4 on the conference re- universal service fund is meant to be Now, it so happens that in the news port on a so-called balance budget used for, I think it begins a tremendous here, about 6 weeks ago, now 8 weeks downfall in not only our future in agreement and report for the 5-year pe- ago, that a famous American, Denny riod terminating fiscal year 2002, and terms of rural rates, but also in terms McLain, the all-time all-star pitcher, I of learning and technology. The Vice on page 4, line 15, the word is not ‘‘bal- think it was, for the Detroit Tigers, be- ance,’’ the word is ‘‘deficit,’’ $173.9 bil- President of the United States, our came a president of the corporation lion deficit. former colleague, Albert Gore, said and he used the corporate pension fund Yet, the print media—I am glad this that in his view the Snowe amendment, in violation of law to pay the com- is on C-SPAN so the people within the relating to 116,000 schools, more public pany’s debt, and he was promptly sen- sound of my voice can at least hear it, libraries and more rural health clinics, tenced to an 8-year jail sentence. We do because they are not going to print it— was the biggest and most important it at the Federal level and get the good the media goes along with the loot, and thing that had happened in education Government award. then they wonder why the budget is policy in the last 30 years. He may We loot the Social Security pension not balanced. If we only level with the have said, in this century. fund, the Medicare trust fund, the civil American people, they would under- In any event, all of that is in jeop- service pension trust fund, the military stand you can’t cut taxes without in- ardy, and the resolution, which is being retirees’ trust fund. They even had in creasing taxes. circulated, I hope will be carried by the reconciliation bill —and I put in an We have increased the debt with that staff members and others who hear the amendment—the looting of the airport particular shenanigan to the tune now voice of the Senator from North Da- and airways improvement fund, where- of $5.4 trillion with interest costs on kota and myself, to their Senators to by the moneys that are supposed to go the national debt of $1 billion a day. So know that something called universal to the improvement of the airways in- when you cut down more revenues to service is in dire jeopardy as of this stead is going to the deficit. pay, you increase the debt, you in- moment, because the tampering with Now the cabal, the conspiracy that crease the interest costs, so you get re- that universal service is now in the bill they call a conference committee has elected next year, because I stood for that may come before us. There has to the unmitigated gall to provide as fol- tax cuts, but they won’t tell them that be a change made. Change is hard to lows, and I read: with the child tax cut that they have come by. In other words, we really are The Senate recedes to the House with actually increased the tax for the at the ramparts on this issue. modifications. child. Now that is at least in the Con- I thank the Presiding Officer and I 3006 of this title provides that expenditures gressional RECORD in black and white. yield the floor. from the universal service fund under part 54 I yield the floor.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8074 CONGRESSIONAL RECORD — SENATE July 24, 1997 Mr. DOMENICI. Mr. President, I rise extremely low altitudes. For example, USTR, we have in place trade agree- in support of S. 1022, the Commerce, it is not uncommon to see the smoke ments and policies that allow our com- Justice, State, and the Judiciary ap- from house chimneys trapped directly panies to compete successfully world- propriations bill for fiscal year 1998. above a house rather than disbursed in wide. And where barriers remain, the The Senate bill provides $31.6 billion in the atmosphere as in other cities na- USTR team works continuously to budget authority and $21.2 billion in tionwide. make further progress. Their work over new outlays to operate the programs of While I would have preferred that the the years has affected billions of dol- the Department of Commerce, Depart- EPA not go forward with a bump-up on lars in U.S. trade and contributes enor- ment of Justice, Department of State, the rating of Fairbanks’ air from mod- mously to the health of the overall the Judiciary and Related Agencies for erate to serious, I recognize that this U.S. economy. fiscal year 1998. When outlays from bill is not the place to accomplish that Now, USTR does not require much in prior-year budget authority and other goal. I would like to point out that in funding because for the most part, ap- completed actions are taken into ac- the past 20 years, Fairbanks has re- propriations are spent on two items: count, the bill totals $31.6 billion in duced its violation days from 160 to as salaries and travel. Those basic neces- budget authority and $29.4 billion in low as 1 last year. It is these last viola- sities—the salaries that pay the staff, outlays for fiscal year 1998. The sub- tions that are causing difficulties for and the travel that is required for the committee is within its revised section communities nationwide. However, various ongoing negotiations with our 602(b) allocation for budget authority Fairbanks may never be able to pre- trading partners around the world— and outlays. vent several violations per year due to make up the bulk of USTR’s financial Mr. President, I commend the distin- its unique and extreme cold weather. It needs. There is not much fat there. guished subcommittee chairman, Sen- is my hope that the EPA would work Therefore, every dime they get is critical. ator GREGG, for bringing this bill to with Fairbanks to develop strategies to the floor. It is not easy to balance the I want to commend the chairman of mitigate the pollution that is so se- the Commerce-State-Justice Sub- competing program requirements that verely magnified by the extreme cold are funded in this bill. I thank the committee for allocating the full budg- weather of my hometown. et request for USTR for fiscal year chairman for the consideration he gave Mr. STEVENS. I want to reiterate 1998. Under his bill, the Office of the to issues I brought before the sub- the concerns expressed by my col- committee, and his extra effort to ad- USTR will receive $22,092,000, exactly league, Senator MURKOWSKI. The re- what the administration sought. I want dress the items in the bipartisan bal- ality may be that no matter what Fair- anced budget agreement. It has been a to thank him for that. banks does, it may never be able to Let me raise one concern, however, pleasure to serve on the subcommittee. comply with EPA standards because of Mr. President, I ask unanimous con- that I know is shared by the leadership its geographic location. and most members of the Senate Fi- sent that a table displaying the Budget Mr. CHAFEE. I thank the Senators Committee scoring of this bill be print- nance Committee. Since the January from Alaska for their remarks about 1995 implementation of the Uruguay ed in the RECORD at this point. carbon monoxide violations in Fair- There being no objection, the table round agreements and the WTO, USTR banks. Their hometown has dramati- has taken on an enormous new docket was ordered to be printed in the cally reduced the number of RECORD, as follows: of cases in which the United States is exceedences over the past 20 years and involved, and all of these cases now S. 1022, COMMERCE-JUSTICE APPROPRIATIONS, 1998; should be recognized for this success. It come with strict deadlines. As of July SPENDING COMPARISONS—SENATE-REPORTED BILL is my hope that the EPA will continue 1, there were pending some 47 WTO or to work with Fairbanks to devise pol- [Fiscal year 1998, in millions of dollars] NAFTA cases in which the United lution reduction strategies that recog- States is a plaintiff, a defendant, or Non- Manda- nize the unique conditions that exist in Defense defense Crime tory Total otherwise a participant. That is quite a Fairbanks. workload. Yet despite the increase, Senate-Reported bill: Mr. MURKOWSKI: I thank my friend USTR has not increased its career legal Budget authority ...... 275 25,587 5,225 522 31,609 from Rhode Island. Outlays ...... 322 25,188 3,381 532 29,423 staff. The number of lawyers and liti- Senate 602(b) alloca- OFFICE OF THE U.S. TRADE REPRESENTATIVE gators now on staff is virtually the tion: Mr. CHAFEE. Mr. President, I want Budget authority ...... 297 25,588 5,225 522 31,632 same as in the pre-WTO days. USTR Outlays ...... 322 25,479 3,401 532 29,734 to take a moment to discuss one provi- has just 12 lawyers in Washington, with President’s request: sion in the legislation now before the Budget authority ...... 257 26,114 5,238 522 32,131 2 more in Geneva, and only 2 of them Outlays ...... 286 25,907 3,423 532 30,148 Senate. Under the heading of Related are able to devote themselves fulltime House-passed bill: Agencies, the Commerce-State-Justice Budget authority. to the international litigation. That Outlays. appropriations bill provides funding for dearth of staff makes no sense—and SENATE-REPORTED BILL the Office of the U.S. Trade Represent- only hurts our efforts to win our cases. COMPARED TO: ative. I believe USTR must have the re- Senate 602(b) alloca- As my colleagues know, our Nation’s tion: sources and personnel that it needs to Budget authority ...... (22 ) (1 ) ...... (23 ) Special Trade Representative, backed fulfill its responsibilities. While I am Outlays ...... (291 ) (20 ) ...... (311 ) by the team of staff at USTR, is re- President’s request: delighted that USTR received its full Budget authority ...... 18 (527) (13) ...... (522) sponsible for negotiating and admin- budget request, I must say that the Outlays ...... 36 (719 ) (42 ) ...... (725 ) istering trade agreements and coordi- House-passed bill: budget request amount is simply not Budget authority ...... 275 25,587 5,225 522 31,334 nating overall trade policy for the realistic for an agency facing these new Outlays ...... 322 25,188 3,381 532 29,423 United States. Those are significant re- assignments. Even a modest increase Note.—Details may not add to totals due to rounding. Totals adjusted for sponsibilities, and they are critical to of, say, $1 million—which again, in consistency with current scorekeeping conventions. the economic interests of American terms of the federal budget is not even CARBON MONOXIDE VIOLATIONS firms, workers, consumers, and fami- visible—would make a significant and Mr. MURKOWSKI. Mr. President, as lies. positive difference to the ability of we consider funding for the Environ- For an agency with such significant USTR to carry out its work. And that mental Protection Agency, I would like duties, USTR does not consume much in turn would only benefit US workers to raise the issue of Clean Air Act car- in the way of taxpayer monies. Annual and families, and the overall US econ- bon monoxide violations in my home funding for USTR has hovered at just omy. town of Fairbanks with the chairman over $20 million for the past 5 years. In I want to urge USTR to press the Of- of the Environment and Public Works terms of the Federal budget—or for fice of Management and Budget to rec- Committee, Senator CHAFEE. that matter of the several other agen- ognize their new workload. I have men- As the chairman knows, Fairbanks cies funded by this bill—$20 million is a tioned this repeatedly to Ambassador has one of the highest rates of tem- mere pittance. Barshefsky and I hope she will act on perature inversions in the world. When I might say that for what we get in it. And I want to exhort OMB in the such inversions occur, pollutants from return, the funds spent on USTR rep- strongest terms possible to adjust next any source in the area are trapped at resent quite a bargain. Thanks to year’s budget request accordingly for

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8075 USTR. I am confident that such an ad- The most interesting is language spending, even the amount contained justment would be met with favor by that I will call a reverse earmark. The in this bill. the members of the authorizing com- report earmarks $8 million to begin ad- I ask unanimous consent that a list mittee, namely the Senate Finance dressing the backlog in repair and of the objectionable provisions in this Committee. maintenance of FBI-owned facilities, bill be printed in the RECORD. If OMB fails to act, then it may fall other than those located in and around There being no objection, the list was to Congress to do the right thing, and Washington, DC and Quantico, VA. I ordered to be printed in the RECORD, as make the small but necessary in- wonder whether my colleagues from follows: creased investment in this agency. In- this area were aware that they had OBJECTIONABLE PROVISIONS IN S. 1022 FY 1998 deed, I seriously considered taking been singled out for exclusion from an COMMERCE/JUSTICE/STATE/JUDICIARY AP- such a step during today’s debate. But earmark. PROPRIATIONS BILL for now I will wait. Thanks to the good Other report language earmarks are BILL LANGUAGE work of the chairman, we do have in more typical, such as: Various ear- Earmarks for funding for the National Ad- this bill $22 million in full funding for marks for southwest border activities, vocacy Center in Columbia, South Carolina, USTR, and I intend to do what I can to although I note that my colleagues sin- which was authorized in 1993 as a center for make sure that that full $22 million be- gled out the New Mexico and Texas training federal, state, and local prosecutors comes law. However, I call upon the ad- borders for special attention to combat and litigators in advocacy skills and man- ministration in no uncertain terms to illegal border crossing and drug smug- agement of legal operations: $2.5 million for ensure that in the budget submitted gling problems. I was of the impression operations, salaries, and expenses of the Cen- ter, $2.1 million to support the National Dis- next year, USTR is provided the re- that these problems were prevalent sources they need. trict Attorney’s Association participation in across the entire border with Mexico, legal education training at the Center. Mr. MCCAIN. Mr. President, I am including Arizona and California. U.S. Marshals Service is directed to pro- happy to say that, after reviewing the Similarly, the report requires that vide ‘‘a magnetometer and not less than one bill before the Senate, I find relatively two-thirds of the additional 1,000 bor- qualified guard’’ at each entrance to a fed- few examples of pork-barrel spending. I der patrol agents are to be deployed in eral facility (including both buildings and re- stress, relatively few, since I can still Texas sectors, with the remaining 300- lated grounds) at 625 Silver, S.W., in Albu- find a few objectionable provisions in plus agencies to be scattered across querque, New Mexico the bill and many in the report. But $125,000 of State Department Diplomatic New Mexico, Arizona, or California. and Consular Programs funding earmarked there are far fewer problems with this The report earmarks $1 million for bill than the last few appropriations for the Maui Pacific Center Nova Southeastern University in Flor- $22 million of USIA funds earmarked for bills we have passed in the Senate. ida for the establishment of a National the Center for Cultural and Technical Inter- This bill contains the usual earmarks Coral Reef Institute to conduct re- change between East and West in the State for centers of excellence. In particular, search on, what else, coral reefs. And it of Hawaii, and $3 million for an educational bill earmarks $22 million for the East- also earmarks $1 million to the Univer- institution in Florida known as the North/ West Center in Hawaii and $3 million sity of Hawaii to conduct similar coral South Center for the North/South Center in Florida. Section 606 prohibits construction, repair, reef studies. I suppose this might be These amounts represent a combined or overhaul of vessels for the National Oce- considered a good idea to fund competi- increase of $16.5 million above the ad- anic and Atmospheric Administration in ministration’s request. tive research projects, except these in- shipyards outside the U.S. Last week, I spoke about the problem stitutions did not have to compete to REPORT LANGUAGE of Congress establishing, at taxpayer get these funds, nor will they likely Department of Justice: expense, centers for the study of vir- have to compete to continue to receive Various earmarks for Southwest Border tually every subject, irrespective of the hand-outs to continue their coral reef activities, including: $281,000 for a Southwest availability of research and analysis on research. Border initiative; $11.4 million for Southwest those issues already available from ex- The report contains $410,000 for the Border control; $29.7 million and the direc- isting universities and private research Alaska Eskimo Whaling Commission, tion to allocate additional necessary re- and $200,000 for the Beluga Whale Com- sources to address border crossing and drug institutions. smuggling problems along the New Mexico This enormous increase in funding mission. It contains $2.3 million to reduce tsunami risks to residents and and Texas borders; $39.3 million in construc- for the East-West and North/South tion and engineering funds for facilities at 29 Centers is incomprehensible given the visitors in Oregon, Washington, Cali- specific locations along the Southwest Bor- dire state of U.S. diplomatic represen- fornia, Hawaii, and Alaska. And it ear- der tation in many of the newly inde- marks $88 million in NOAA construc- Earmark of not less than $468,000 of the pendent countries of the post-cold-war tion funds for specific locations in U.S. Marshals Service funding for witness se- world. They are particularly inex- Alaska, Hawaii, South Carolina, Mis- curity New York metro inspectors plicable in light of the committee’s de- sissippi, and other States. Earmark of $700,000 for acquisition and in- cision to zero out the funding for the And finally, this bill contains ear- stallation of video conferencing equipment in jails and courthouses in New York, Illi- National Endowment for Democracy, a marks for assistance to the U.S. Olym- pic Committee to prepare for the 2002 nois, Utah, Colorado, Nevada, Washington, decision which the Senate fortunately and sites to be determined in New Mexico reversed earlier today. Winter Olympics in Utah. I found $3 and Texas after consultation with the Appro- Mr. President, I would not be at all million for communications and secu- priations Committee surprised to see in next year’s bill rity infrastructure upgrades, $2 million Language urging the FBI to favorably con- funding for a North-by-Northwest Cen- to formulate a public safety master sider the FBI Center in West Virginia as the ter, perhaps to include a banquet room plan, and language directing that NTIA location for a new training program on the honoring the last Alfred Hitchcock. provide telecommunications support to investigative use of computers, for which $1 The bill also contains language that the Utah Olympics similar to that pro- million was earmarked directs the U.S. Marshals Service to vided in Atlanta last summer. As my $1.5 million to maintain an independent program office dedicated solely to the relo- provide a magnetometer and not less colleagues know, this is just a small cation of the Criminal Justice Information than one qualified guard at each en- portion of the funding we will see chan- Services Division and automation of finger- trance to the Federal facility located neled to the Utah Olympics. It is in ad- print identification services at 625 Silver, S.W., in Albuquerque, dition to the money included in the Increase of $8 million to begin addressing NM. I must say that this is perhaps the supplemental passed earlier this year the backlog in repair and maintenance of most specific earmark I have ever seen, and in other appropriations bills that FBI-owned facilities, other than those lo- even providing an address to ensure the have already passed this body. cated in and around Washington, D.C. and assets are delivered to the proper bene- While the wasteful spending in this Quantico, Virginia bill is less onerous than in other bills I Earmarks of a portion of the increased ficiaries. funding and positions for identification, ap- Once again, though, the Appropria- have seen in the past 2 weeks, I still prehension, detention, and deportation of il- tions Committee has contributed a few have to object strenuously to the inclu- legal aliens, as follows: $48.3 million for addi- new and innovative ways to earmark sion of these earmarks and add-ons in tional detention capacity, including 300 beds port-barrel spending. the bill. We cannot afford pork-barrel in New York, 300 bed in Florida, and 400 beds

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8076 CONGRESSIONAL RECORD — SENATE July 24, 1997 in California facilities; $5 million for the Direction to examine proposals and provide lar work by the state of Alaska, and $330,000 Law Enforcement Support Center and ex- grants, if warranted, to the following enti- for work by the North Pacific Universities panded services of the Center in Utah. ties: Hill Renaissance Partnership, Lincoln Marine Mammal Consortium Directive to deploy not less than two- Council on Alcoholism and Drugs, Hamilton $400,000 for the NMFS in Honolulu for Pa- thirds of the 1,000 new border patrol agents Fish National Institute on School and Com- cific swordfish research in the Mafa, Del Rio, Laredo, and McAllen munity Violence, Low Country Children’s $250,000 to implementation of the state of sectors in Texas Center, and Comprehensive Juvenile Justice Maine’s recovery plan for Atlantic salmon Earmarks of increased funding for inspec- Crime Prevention and Juvenile Assessment $150,000 to the Alaska Fisheries Develop- tion activities for: Full-time manning of Center in Gainesville, Florida. ment Foundation three in-transit lounges at Miami Inter- $200,000 for the Island Institute to develop national Airport; $4 million for dedicated DEPARTMENT OF COMMERCE multispecies shellfish hatchery and nursery commuter lanes, including equipment and Language urging the Economic Develop- facility to benefit Gulf of Maine commu- facilities, at Laredo, Hidalgo, and El Paso, ment Administration to consider applica- nities Texas, and Nogales, Arizona; $1.7 million to tions for grants for: Defense conversion $3.8 million to develop a national resources staff three new airports in Oregon, Cali- project at University of Colorado Health center at Mount Washington, New Hamp- fornia, and Nova Scotia; $700,000 for auto- Sciences Center in Aurora, Colorado; Pas- shire, to demonstrate innovative approaches mated permit ports in Maine, Vermont, New senger terminal and control tower at Bowl- using weather as the education link among York, Montana, Washington, Alaska, and ing Green/Warren County, Kentucky, re- sciences, math, geography, and history New York; $1.5 million for automated I–94 gional airport; Jackson Falls Heritage $500,000 for the ballast water demonstra- equipment at airports in New York, Newark, Riverpark in Nashua, New Hampshire; Bris- tion in the Chesapeake Bay Seattle, San Francisco, Los Angeles, Hono- tol Bay Native Association; Redevelopment $2.3 million to reduce tsunami risks to lulu, Chicago, Philadelphia, Miami, and Bos- of abandoned property in Newark, New Jer- residents and visitors in Oregon, Wash- ton. sey; Pacific Science Center in Seattle, Wash- ington, California, Hawaii, and Alaska Earmark for activation of new and ex- ington; Rodale Center at Cedar Crest College $3 million increase, with total earmark of panded prison facilities in Texas, California, in Lehigh Valley, Pennsylvania; Minority $15 million, for the National Undersea Re- Mississippi, South Carolina, Arkansas, labor force initiative in South Carolina; search Program, equally divided between Texas, West Virginia, Washington, and Ohio Cumbres and Toltec Scenic Railroad Com- east and west coast research centers, with Language urging the Bureau of Prisons to mission in Arriba County, New Mexico, and the west coast funds equally divided between favorably consider development of MDTV at Conejos County, Colorado; Fore River Ship- the Hawaii and Pacific center and the West the Beckley Federal prison facility yard in Quincy, Massachusetts; Native Coast and Polar Regions center $1.7 million for the New England open $1 million equally divided between Mount American manufacturer’s network in Mon- Pleasant and Charleston, South Carolina po- ocean aquaculture program tana; National Canal Museum in Easton, $1 million for the Susquehanna River basin lice departments for computer enhancements Pennsylvania; Cranston Street Armory in and equipment upgrades flood system Providence, Rhode Island. $97,000 for the NOAA Cooperative Institute $3 million for the Utah Communications Recommendation that Little Rock, Arkan- Agency to support security and communica- for Regional Prediction at the University of sas, Minority Business Development Center Utah tions infrastructure upgrades to counter po- remain in operation. tential terrorism threats at the 2002 Winter $150,000 to maintain staff at Fort Smith, Recommendation that Jonesboro- Arkansas, to improve the ability of southern Olympic Games, and $2 million to allow the Paraground, Arkansas, Metropolitan Statis- Law Enforcement Coordinating Council for Indiana to receive weather warnings tical Area be designated to include both Earmarks of $88 million in NOAA construc- the 2002 Olympics to develop and support a Craighead and Greene Counties. tion funds for specific locations in Alaska, public safety master plan Language urging the NTIA to consider Hawaii, South Carolina, Mississippi, and oth- $2 million as a grant to establish a Public grants to University of Montana and Mar- Training Center for First Responders at Fort ers shall University, West Virginia. DEPARTMENT OF STATE: McClellan, Alabama Language directing NTIA to fund tele- $3.85 million for the National White Collar $22 million for East-West Center (increase communications support for the Olympic Crime Center in Richmond, Virginia of $15 million), and $3 million for North/ Committee Organization in Utah to ensure Earmarks of Violent Crime Reduction South Center (increase of $1.5 million) that similar telecommunications facilities Trust Fund dollars for: $190,000 for the Gos- SMALL BUSINESS ADMINISTRATION: pel Rescue Ministries of Washington, D.C. to as were available at the Atlanta Olympics $500,000 earmarked for South Carolina geo- Language stating SBA should consider renovate the Fulton Hotel as a drug treat- funding a demonstration in Vermont with ment center; $2 million for the Marshall Uni- detic survey $300,000 earmarked for Galveston-Houston the Northern New England Tradeswoman, versity Forensic Science Program; $2 million operation of physical oceanographic real Inc. for a rural states management information time system system demonstration project in Alaska; The PRESIDING OFFICER. Who $1.9 million earmarked for south Florida $500,000 for the Alaska Native Justice Center; seeks recognition? ecosystem restoration, including $1 million $1 million for the Santee-Lynches Regional Mr. GREGG. Mr. President, I suggest for Nova Southeastern University for estab- Council of Governments Local Law Enforce- the absence of a quorum. lishment of a National Coral Reef Institute ment Program; $10 million for North Caro- The PRESIDING OFFICER. The to conduct research on coral reefs, and $1 lina Criminal Justice Information Network million for the University of Hawaii for simi- clerk will call the roll. for automation and security equipment; $1 The assistant legislative clerk pro- million for the National Judicial College; lar coral reef studies $450,000 for a cooperative agreement with ceeded to call the roll. Language urging funding for the New Orle- the State of South Carolina Department of Mr. GREGG. Mr. President, I ask ans-based Project Return and Chicago-based Health and Environmental Control to work unanimous consent that the order for Family Violence Intervention Program $2 million for Southwest Surety Institute on the Charleston Harbor project the quorum call be rescinded. at New Mexico State University Increase of $6.6 million above the request The PRESIDING OFFICER. Without $1 million for a public-private partnership for the National Estuarine Research Reserve objection, it is so ordered. System, which serves 22 sites in 18 states and demonstration project in Las Vegas, Nevada, METHAMPHETAMINE INITIATIVE Puerto Rico for a home for victims of domestic abuse Mr. HATCH. Mr. President, I would Language directing funding to complete $4.7 million for the Pacific fishery informa- design of the Choctaw Indian tribal detention network, including $1.7 million for the like to thank the chairman of the sub- tion facility in Mississippi Alaska network committee for taking what I believe is Language expressing the expectation that Not less than $850,000, for the marine re- a necessary and meaningful step to the National Center for Forensic Science at sources monitoring assessment and pre- turn the tide on a growing epidemic in the University of Central Florida will be pro- diction program of the South Carolina Divi- this country, methamphetamine abuse. vided a grant for DNA identification work, if sion of Marine Resources Although originally confined prin- $390,000 for the Chesapeake Bay resource warranted cipally to the Southwest, including my $850,000 of juvenile justice grants for the collection program Vermont Department of Social and Rehabili- $50,000 for Hawaiian monk seals home State of Utah, this epidemic is tation Services to establish a national model $500,000 for the Hawaii stock management now moving East. Congress needs to for youth justice boards. plan take action to stop meth abuse. $1 million for the New Mexico prevention $300,000 for Alaska groundfish surveys and Mr. GREGG. I could not agree more project. $5.5 million for Alaska groundfish moni- with the Senator from Utah. In my $200,000 for the State of Alaska for a study toring home State of New Hampshire, we are $410,000 for the Alaska Eskimo Whaling on child abuse and criminal behavior link- now experiencing our own influx of age. Commission and $200,000 for the Beluga $1.75 million for the Shelby County, Ten- Whale Committee methamphetamine. I am seriously con- nessee, Juvenile Offender Transition Pro- $1 million for research on Steller seals at cerned about the effect that the program. the Alaska SeaLife Center, $325,000 for simi- liferation of this drug is going to have

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8077 upon the children of this Nation, par- creased consumption of the drug. Fur- Justice Assistance. I ask my col- ticularly in New Hampshire. ther, ephedrine tablets are purchased leagues, the chairman and ranking Mr. HATCH. Meth abuse, unfortu- in large quantities and then converted member of the Commerce, Justice, nately, is also rapidly becoming one of to methamphetamine. State Appropriations Subcommittee, if our top public health threats. Accord- For these reasons I believe that it is they agree that the Trauma Reduction ing to the latest data released by imperative that this Congress provide Initiative is worthy of BJA’s continued SAMHSA in its ‘‘Drug Abuse Warning the necessary resources to the DEA to support? Network’’ report released last week the engage in a meaningful methamphet- Mr. GREGG. I appreciate the con- number of children aged 12 to 17 who amine initiative. I fully support the cerns of the Senator from New Jersey have had to go to emergency rooms due Appropriations Committee’s report to about the disturbing amount of violent to meth use increased well over 200 per- S. 1022 that recommends that crime in Camden. I agree that, within cent between 1993 and 1995 alone. The $16,500,000 of the funds appropriated to the available resources, the Trauma number of deaths associated with meth the DEA be used to fund a meth- Reduction Initiative is worthy of BJA’s has also increased dramatically. From amphetamine initiative, to include an continued support. 1989 to 1994, methamphetamine ac- additional 90 agents and 21 support per- Mr. HOLLINGS. I, too, share the con- counted for 80 percent or more of clan- sonnel who will be tasked with imple- cerns of the Senator from New Jersey destine lab seizures by the DEA. Clan- menting a broad approach for attack- about the escalating costs of firearm destine lab crackdowns are at an all- ing methamphetamine abuse in this violence in our country. I agree with time high, and many more are going country. I strongly encourage that the chairman that, within the avail- undetected. Mobile labs in rural areas some of these funds be applied to fund- able resources, BJA should continue to of Utah, including numerous locations ing DEA agents with particularized support the Trauma Reduction Initia- in Ogden, Provo, and the St. George methamphetamine training be sta- tive. area are making meth with virtual im- tioned in Utah to combat this ever TECHNICAL CORRECTIONS punity. Local law enforcement does not growing threat in my State, and to pre- Mrs. FEINSTEIN. Mr. President, I have the manpower, resources, or tech- vent the methamphetamine lab activi- would first like to thank the chairman nical expertise to cover such vast areas ties in Utah from continuing to harm and ranking member of the Commerce, in a truly meaningful fashion. Federal other States throughout this Nation. Justice, State, and the Judiciary Ap- law enforcement, most principally the Mr. GREGG. It is my intention that propriations Subcommittee for joining Drug Enforcement Administration, has these new agents be allocated where Senator BOXER and myself in this col- agents specially trained in the areas of they are most needed. Many States, loquy regarding our amendment to methamphetamine lab take downs, but such as New Hampshire and Utah are make technical corrections to title I, the number of such specialists is ex- certainly experiencing the level of in- section 119 of the Commerce-State-Jus- tremely limited, and certainly is of increased meth abuse this meth initia- tice appropriations bill. This section, sufficient numbers to be any sort of tive is designed to address. as amended, will allow the Department meaningful presence in Utah, as well as COOPER HOSPITAL’S TRAUMA REDUCTION of Justice and the Federal Emergency the rest of the Rocky Mountains. INITIATIVE Management Agency to transfer sur- I am deeply concerned about the Mr. LAUTENBERG. I would like to plus real property to State and local Methamphetamine problem in Utah, as express my support for Cooper Hos- governments for law enforcement, fire well as the rest of the Nation. In my pital’s Trauma Reduction Initiative. fighting, and rescue purposes. State, distribution by Mexican traf- Cooper Hospital is located in Cam- Mrs. BOXER. Mr. President, I would fickers has been expanded by using net- den, NJ, one of the most troubled cities like to join my colleague from Cali- works established in the cocaine, her- in the Nation. Between 1994 and 1995, fornia in thanking the chairman and oin, and marijuana trades. Wholesale the number of violent crimes declined 4 ranking member for all their assist- distribution is typically organized into percent nationwide, while in Camden ance on this issue. I would also like to networks in major metropolitan areas, they rose 8.6 percent. Homicides in extend our appreciation to the chair- to include Salt Lake City. Utah has Camden rose 28.88 percent, while homi- man and ranking member of the Gov- 2,500 isolated noncontrolled airstrips cides declined 6 percent nationally. ernmental Affairs Committee, without which provide a convenient means for With an estimated population of 82,000, whose suggestions this amendment drug smugglers to transfer meth- Camden ranks as the sixth most vio- would not have gone forward. I am very amphetamine to vehicles for shipment lent city in the country when com- pleased to cosponsor this amendment, throughout the United States. Also, pared to all cities and towns. which modifies the amendment I of- there are over 65 public airports Cooper Hospital’s Trauma Reduction fered in the Appropriations Committee throughout the State that are not Initiative links hospital staff, commu- to include the Department of Justice manned on a 24-hour basis, but can be nity leaders, and churches throughout Property Transfer Act. lit from a plane by using the plane’s Camden as the frontline of crisis inter- Mr. GREGG. I thank my colleagues radio tuned to a specific frequency. vention. The Trauma Reduction Initia- from California for their hard work in Major highway systems such as I–15, tive represents a community-based ap- including this language in the bill. We I–70, and I–80 serve to interconnect proach to deal with the types of vio- all know that the police and fire de- Mexico with Colorado, Utah, and Wyo- lence that disrupt our neighborhoods partments are the first to respond to ming which allows Utah to be an ideal and burden our health care system. crises, and this change in law will fa- transshipment point to major markets According to Government research, cilitate local agencies in obtaining sur- on the west coast, as well as Min- by 2003, firearms will have surpassed plus Federal property for primary and neapolis, Chicago, Detroit, and other auto accidents as the leading cause of specialized law enforcement and rescue Midwestern areas. It also results in injury death in the United States. But training. I am pleased to support this such illegal drugs being readily acces- unlike victims of car accidents, who change in law for the benefit of our sible throughout Utah. are almost always privately insured, communities. According to the DEA, methamphet- four out of five firearm victims are re- Mr. HOLLINGS. I join my colleagues amine seizures nationwide in 1996 were ceiving public assistance or are unin- in recognizing the value of this lan- the highest in over a decade. Not easily sured. Thus, taxpayers bear the brunt guage. I would like to ask if the Sen- dissuaded, particularly when such large of medical costs that have grown to ator from California knows of any situ- profits can be made, Mexican traf- $4.5 billion a year in the past decade. ations where this change in law would fickers have begun obtaining the nec- Cooper Hospital’s violence prevention serve immediate benefit? essary precursor chemicals for meth- program is designed to help stop the Mrs. FEINSTEIN. I would be pleased amphetamine from sources in Europe, spiral of violent crime and retaliation to answer that question. I was first China, and India. These precursor in Camden. This program could serve made aware of the problems that cur- chemicals needed to manufacture as a model for other cities to follow. rent property transfer laws poses by methamphetamine drugs are available The Trauma Reduction Initiative has the sheriff of Riverside County in in Utah and have contributed to the in- received funding from the Bureau of southern California. The sheriff’s office

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8078 CONGRESSIONAL RECORD — SENATE July 24, 1997 has obtained, by short-term lease, a Would the distinguished managers of grams) appropriation of NIST. Part of portion of March Air Reserve Base. The the bill, my friends from New Hamp- the increased amount is for continued sheriff’s office has been using this land shire and South Carolina, agree that if research, development, application and for joint law enforcement and fire and the EDA receives a proposal for the demonstration of new building prod- rescue training. This legislation will Ketchikan shipyard which meets its ucts, processes, technologies and meth- allow the sheriff’s office to apply di- procedures and guidelines, the EDA ods of construction for energy-efficient rectly to the General Services Admin- should consider that proposal and pro- and environmentally compatible build- istration, which will coordinate the ap- vide a grant if the latter is warranted? ings. plication and approval process with the Mr. GREGG. Mr. President, the dis- Senator GREGG, do you concur that it Department of Justice and FEMA to tinguished Senator from Alaska is cor- is the intent of the committee to direct transfer the necessary property. Once rect. I would urge the Economic Devel- $3.8 million in funds provided to NIST again, I thank my colleagues for their opment Administration to consider for scientific and technical research support of this legislation. such a proposal that met its procedures and services for cooperative research ABUSIVE AND EXPLOITATIVE CHILD LABOR and guidelines and urge it to provide a between NIST and Texas Tech Univer- Mr. HARKIN. Mr. President, I would grant if it finds the proposal war- sity to pursue this important wind re- like to engage the chairman and the ranted. search? Mr. GREGG. It is the intent of the ranking member of the Commerce, Jus- Mr. HOLLINGS. Mr. President, I Committee to direct $3.8 million of tice, State, and the Judiciary Sub- agree with the response by my friend NIST’s scientific and technical re- committee in a colloquy regarding abu- from New Hampshire. search and services funding provided in sive and exploitative child labor. NIST FUNDING FOR TEXAS TECH UNIVERSITY the bill for cooperative research with According to the International Labor WIND RESEARCH Texas Tech University. I look forward Organization [ILO], some 250 million Mrs. HUTCHISON. Mr. President, I to working with the Senator from children between the ages of 5 and 14 would like to ask the distinguished Texas to ensure that the additional are working in developing countries Subcommittee Chairman, Senator funds provided for core programs for and the number is on the rise. I strong- GREGG, to engage in a colloquy on a continued research, development, ap- ly believe that access to primary edu- matter of extreme importance to my plication and demonstration of new cation reduces the incidence of child State and a number of others, and that building products, processes, tech- labor around the world. It is my under- is the need for more research into wind nologies and methods of construction standing that the Asia Foundation sup- and severe storm disasters and ways to supports cooperative wind research be- ports efforts to improve access to pri- protect people and property from cata- strophic harm. tween NIST and Texas Tech Univer- mary education. sity. I would like to see some language in Mr. GREGG. Mr. President, I would the conference report urging the Asia be happy to yield to the Senator from SMALL BUSINESS DEVELOPMENT CENTERS Foundation to continue its work in Texas and engage in a colloquy. Mr. CHAFEE. I wonder if I could get Pakistan. I know that our staffs’ have Mrs. HUTCHISON. Mr. President, as the attention of the distinguished manager of the bill, Commerce, Justice, conferred, and that you and the rank- you know, there have been a number of State Appropriations Subcommittee ing member share my concern about severe tornadoes, wind storms, hurri- Chairman JUDD GREGG. I have a pro- abusive and exploitative child labor. canes and other wind-related disasters Mr. GREGG. I commend the Senator in recent months which have killed posal related to small business develop- for his concern, and would welcome scores of people and destroyed commu- ment centers, and I’d like to get him to any report language he has regarding nities. Earlier this year, the small comment on it. Mr. GREGG. I’d be happy to. town of Jarrell, TX, experienced a tor- the matter. Though it is outside the Mr. CHAFEE. I thank the Senator. nado that killed 29 people, seriously in- scope of the conference, I will exploit What I propose to do is give more any opportunity that presents itself jured many others, and caused millions SBDCs the tools they need to encour- that would allow language to be in- of dollars in damage to homes and busi- age small companies to start export- serted in the conference report. nesses. The President’s home State of ing. As the Senator knows, the SBDCs Mr. HOLLINGS. The Senator from Arkansas was also hit by a wind dis- are doing a terrific job helping small Iowa has been working this issue hard, aster that resulted in loss of life. The business owners devise business plans, and I agree with the chairman. home State of the Ranking Minority marketing strategies, and so forth, but KETCHIKAN SHIPYARD Member of the Subcommittee, Senator many of them simply don’t have the Mr. MURKOWSKI. Mr. President, HOLLINGS is still rebuilding after the capacity to offer advice on how to ex- Ketchikan, AK, just north of the Cana- devastation of Hurricane Hugo in 1989. port. dian border in southeast Alaska, has Mr. President, there is important We ought to try to change that, in recently suffered an extreme economic work being done at Texas Tech Univer- my view. Exporting is the name of the blow due to changes in Federal forest sity to help improve design construc- game today—even for small businesses. management policies. It is a town of tion of buildings to make them more And one way to do that would be to just a few thousand people, and the loss resilient to windstorms. The labora- broaden access to a successful small of 406 jobs due to the closure of one of tory building will include space to business export promotion program the town’s major industries, a pulp- house a wind tunnel, a structural and called the International Trade Data mill, severely disrupted the commu- building component testing lab and a Network, or ITDN. nity. material testing lab. These laboratory Now, what is the ITDN? The ITDN is The need for economic revitalization facilities will be used to develop inno- a computer-based service that small in Ketchikan is great, but the available vative building frames and components business owners can use to retrieve a opportunities are limited. One poten- that are resilient to extreme winds and stunning amount of international trade tially important opportunity is pro- windborne debris and yet are economi- data—compiled both from Federal Gov- vided by a local shipyard, Ketchikan cally affordable. The research will also ernment sources and the private sec- Ship and Drydock. However, the ability produce results to help cope with the tor. With a few quick keystrokes, indi- of this yard to contribute to the local environmental effects of wind erosion viduals can read about everything from economy is limited without a signifi- and dust and particulate generation. market demographics to descriptions cant upgrade of its ability to handle a The Department of Commerce, of upcoming trade missions to expla- variety of vessel sizes. through the National Institute of nations of relevant export and import It is my understanding that the sub- Standards and Technology, does wind regulations to potential contract leads. committee report on this appropriation research. NIST in particular is engaged Small businesses anxious to export can recognizes similar situations in other in research that complements the learn about virtually every industry areas by suggesting that the Economic Texas Tech project. and virtually every country. Development Administration consider The Committee has provided The ITDN was developed in 1988 by proposals which meet its procedures $276,852,000 for the scientific and tech- the Export Assistance Center at Bry- and guidelines. nical research and services (core pro- ant College in Smithfield, RI, and it’s

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8079 been a big help to literally hundreds of content. The proposal sets forth two al- league from Louisiana, Senator LAN- Rhode Island’s small businesses. In ternative safe harbors for ‘‘Made in the DRIEU, an important safety issue facing fact, 18 companies in Rhode Island use U.S.A.’’ claims: 75 percent U.S. con- Jefferson Parish, LA. the ITDN every single day. tent—U.S. manufacturing costs rep- As my colleagues know, the Jefferson Listen to some of these endorsements resent 75 percent of the total manufac- Parish Sheriff’s Office is one of the from Rhode Island business owners. turing costs for the product and the most progressive and notable law en- One said, ‘‘The information made product was last substantially trans- forcement offices in the country. Un- available through the ITDN is an inte- formed in the U.S. or; two level sub- fortunately, they have been forced to gral part of our Pre-Entry Level Mar- stantial transformation—The product use a conventional 450 MHz UHF radio ket Analysis.’’ Another reported, ‘‘I was last substantially transformed in system that is far too small and anti- find the ITDN to be a state-of-the-art, the United States and all significant quated to handle current traffic vol- user friendly software that is a one- inputs were last substantially trans- umes and to provide the secure and stop shop for international informa- formed in the United States. varied communications capabilities tion. It is a vital tool for businesses I also understand that the new pro- necessary in today’s law enforcement today that need to survive in a global posed guidelines would have the effect environment. Replacing this old sys- environment.’’ of allowing products made with 25 per- tem with a new 800 MHz digital system But right now, only 30 or so of our 960 cent or more foreign labor and foreign is necessary to ensure the safety of its Small Business Development Centers materials to be labeled ‘‘Made in the residents and guests, and to enhance have direct access to the ITDN. So U.S.A.’’ In some cases, the FTC’s pro- the operational efficiencies of the sher- what I’d like to do is expand the proposed guidelines would allow products iff’s office. gram, so that SBDCs all across the made entirely with foreign materials Hurricane Danny recently dem- country are connected to it. Specifi- and foreign components to be labeled onstrated the dire need for this new cally what I have in mind is converting ‘‘Made in the U.S.A.’’ communications system. Grand Isle, the ITDN to an internet-based website, The ‘‘Made in the U.S.A.’’ label, a off the southern-most part of Jefferson and establishing an Interactive Video time-honored symbol of American Parish, is a barrier island with approxi- Trade Conferencing Center at each pride and craftsmanship, is an ex- mately 2,500 residents. There is, how- State’s lead small business assistance tremely valuable asset to manufactur- ever, only one road leading from Grand office. My proposal would also make ers. Allowing this label to be applied to Isle to the mainland. When it appeared the ITDN technology available to the goods not wholly made in America will this road was at risk because of Approximately 2,500 SBDC sub-centers encourage companies to ship U.S. jobs Danny’s 70–75 mph winds and high tides, the sheriff’s office decided to across the country. overseas because they can take advan- As I understand the situation, SBDCs tage of the cheaper labor markets evacuate the island. Unfortunately, be- are already authorized to conduct ex- while promoting their products as fore the island could be safely evacu- port promotion activities under Sec- ‘‘Made in the U.S.A.’’ For products not ated, one of the radio towers was dam- tion 21 of the Small Business Act. In wholly made in the U.S.A., companies aged and rendered inoperable by the fact, representatives of Bryant College already can make a truthful claim hurricane. The sheriff’s office was met with the SBA’s Associate Adminis- about whatever U.S. content their forced to borrow cellular telephones in order to evacuate the island. trator for the SBDC program earlier products have—e.g., ‘‘Made in the Ms. LANDRIEU. The Senator makes this year to discuss this proposal, and U.S.A. of 75 percent U.S. component a fine point, and I would like to add received a very positive response. For parts’’ or ‘‘Assembled in the U.S.A. that the new communications system one reason or another, however, the from imported and domestic parts’’. would also support inter-operability SBA has been reluctant to dedicate any However, if manufacturers seek to vol- with most of the adjoining parishes and money to this purpose. untarily promote their products as the city of New Orleans. This would The 1988 Commerce, Justice, State ‘‘Made in the U.S.A.’’ they must be mean expanded emergency capabilities Appropriation bill contains $75.8 mil- honest in that promotion and only throughout the region which are vital lion for the SBDC program, an increase apply the ‘‘Made in the U.S.A.’’ label to to the entire State of Louisiana. of some $2.3 million over the 1997 fund- products wholly made in the U.S.A. Mr. BREAUX. Mr. President, as my ing level. In talking with the folks at Mr. GREGG. I am aware of the con- colleague knows, the sheriff’s office of the Export Assistance Center at Bry- cerns expressed by my colleague on the Jefferson Parish has sought assistance ant College, it’s my understanding that Appropriations Committee and share in the past and has helped to highlight expanding the ITDN could be done over the Senator’s concerns on the need to the need for Federal assistance to help 2 years, with a first year cost of about protect American jobs. My sub- local law enforcement agencies replace $925,000. I’d ask the distinguished man- committee has jurisdiction over the outdated communications equipment. ager if I could get his endorsement of FTC and you can be assured that we In fact, the sheriff’s office was influen- my proposal. will closely watch any action taken by tial in getting a discretionary grant Mr. GREGG. I appreciate the Sen- the FTC regarding the current stand- program created in 1994 that would pro- ator’s interest in this matter, and I ard for ‘‘Made in the U.S.A.’’ vide funds for these types of activities. agree that we ought to look for ways to Mr. HOLLINGS. I too want to assure However, Congress has consistently increase American small businesses’ the Senator that our Subcommittee earmarked these funds, leaving no capacity to export. will closely monitor any actions on the funds for grant applicants. Having looked at the Senator from FTC’s part to change the ‘‘Made in the Ms. LANDRIEU. Mr. President, the Rhode Island’s proposal, and listened U.S.A.’’ designation. The ‘‘Made in the Jefferson Parish Sheriff’s Office has to his remarks, I think that the ITDN U.S.A.’’ label should continue to assure demonstrated its commitment to this program could be an excellent tool for consumers that they are purchasing a project by allocating over 50 percent of opening international markets. I product wholly made by American the cost of this initiative in a dedi- strongly encourage the Small Business workers. cated escrow account. In a competition Administration to make funds avail- Mr. KOHL. I thank Senator GREGG for funds, the sheriff’s office, with its able for the expansion of the ITDN in and Senator HOLLINGS for their com- well developed procurement strategy fiscal year 1998. ments on this important issue. I am re- and available matching funds, would no Mr. CHAFEE. I want to thank my assured by their interest in this mat- doubt prevail as a deserving candidate. friend from New Hampshire for his sup- ter. Mr. GREGG. I thank the Senators port for this initiative. JEFFERSON PARISH COMMUNICATIONS SYSTEM from Louisiana for bringing this issue ‘‘MADE IN THE USA’’ ADVERTISING Mr. BREAUX. Mr. President, I rise to to my attention. I understand that the Mr. KOHL. I understand that the discuss with the distinguished chair- new communication system for the FTC has proposed to weaken the stand- man of the subcommittee, Senator sheriff’s office in Jefferson Parish is a ard for ‘‘Made in the U.S.A.’’ adver- GREGG, the distinguished ranking priority and I will give this request my tising from ‘‘all to virtually all’’ U.S. member of the subcommittee, Senator attention and consideration in con- content to ‘‘substantially all’’ U.S. HOLLINGS, and my distinguished col- ference.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8080 CONGRESSIONAL RECORD — SENATE July 24, 1997 Mr. HOLLINGS. I too, thank the Sen- committee for their support and inter- to leverage public and private re- ators from Louisiana and believe that est. sources to help their clients develop this is a project worthy of attention in Mr. GORTON. Mr. President, I join in new businesses or expand existing ones, conference. support of this effort on behalf of the and their services are absolutely essen- Mr. BREAUX. I greatly appreciate Odyssey Maritime Discovery Center tial for the successful and continued the assistance of the distinguished and I applaud Senator MURRAY’s efforts growth of this sector of our economy. chairman and ranking member of the on the Center’s behalf. I am also concerned that because subcommittee in this matter. I would WOMEN’S BUSINESS CENTERS there are insufficient funds to expand like to thank them and my colleague Mr. DOMENICI. Mr. President. On the women’s business centers’ program, from Louisiana, Senator LANDRIEU, for June 12, I introduced in behalf of my- existing centers will not be able to ex- joining me in this colloquy. self and Senator BOND, along with 24 tend their activities from the present ODYSSEY MARITIME DISCOVERY CENTER other cosponsors, a bill to strengthen 3-year grant program to a 5-year sched- EXHIBITS AND LECTURE SERIES the Small Business Administration’s ule. These existing centers in approxi- Mrs. MURRAY. Mr. President, I [SBA] women’s business centers pro- mately 29 States have proven track would like to urge the chairman and gram. This bill, S. 888, the ‘‘Women’s records of support to women entre- ranking member of the Commerce, Business Centers Act of 1997,’’ reflects preneurs. The Office of Women’s Busi- State Justice Appropriations Sub- our commitment for a stronger and ness Ownership within the SBA will committee to join me in directing the more dynamic program for women- continue its administration of the National Marine Fisheries Service, owned businesses. overall program and will be able to de- through the Information and Analyses, I am pleased that the Small Business velop a few new sites in States that do Resource Information account, to pro- Committee has included the text of not have centers; however, the office is vide $250,000 to the Odyssey Maritime this bill into its 3-year reauthorization not yet authorized to extend funding Discovery Center in Seattle, WA. of the Small Business Act. It is antici- an additional 2 years for existing sites. The Odyssey Center is a new edu- pated that this reauthorization bill This is most regrettable because these cational learning center opening in will be considered by the Senate within successful existing centers desperately July, 1998. This Center will establish an the next few months. The language in need these small amounts of funds to educational link between the everyday the reauthorization bill, as stated in continue their professional assistance maritime, fishing, trade, and environ- the ‘‘Women’s Business Centers Act of to their women-owned business clients. mental activities that occur in the 1997,’’ increases the annual funding au- Mr. President, I want to once again waters of Puget Sound and Alaska, and thorization for the women’s business go on record that I am dissatisfied that the lessons students learn in the class- centers to $8 million from the present the SBA has not given appropriate at- room. Through high-tech and inter- level of $4 million, authorizes the cen- tention to the women’s business pro- active exhibits, over 300,000 children ters to receive funding for 5 years rath- gram. It has failed to provide sufficient and adults per year will discover that er than the present 3 years, changes professional personnel to the Office of what happens in our waters, on our the matching Federal to non-Federal Women’s Business Ownership in order coast lines, at our ports affects our funding formula, and enables organiza- to carry out its important tasks. It has State’s and Nation’s economic liveli- tions receiving funds at the date of en- repeatedly requested less funding than hood, environmental well-being, and actment to extend their program from authorized for the program despite the international competitiveness. The 3 to 5 years. fact that this is one of the most suc- Center wishes to establish an exhibits Since the Small Business Commit- cessful of all SBA programs. To my and lecture series to link the public, tee’s reauthorization bill has not yet knowledge, it has never come to Con- particularly school children, with the been considered by the Senate, the ad- gress and requested additional monies maritime, fishing, trade, and environ- ditional funds for the women’s business for the program; instead, it has ex- mental industries. Named in honor of centers’ program are not included in S. pected Congress to do SBA’s work in the great Senator of Washington, War- 1022. I do want, however, to thank Sen- trumpeting the successes of this small ren G. Magnuson, this series would ator GREGG, Chairman of the Com- but vital program. I find it most dis- begin in 1998 and would serve as an edu- merce, State, Justice, and Judiciary couraging that while we in Congress cational resource on the sustainable Subcommittee of the Senate Appro- are well aware of the outstanding work development, uses, and protection of priations Committee, for providing full of the women’s business centers—and our seas and coastal waters. This series funding of the authorized $4 million for the administration’s repeatedly pub- would provide a fitting tribute to Sen- licized the success stories last year— ator Magnuson, the founder of this Na- 1998. This is most appreciated by all of there appears to be minimal support tion’s Federal fisheries policies and the us who support the women’s business within SBA for expanding the work of namesake of our principal fisheries centers’ activities, and it is especially this very small program. This is a loss management law, the Magnuson-Ste- important since the House has re- vens Fishery Conservation and Man- quested $1 million less for this pro- to the agency, and it is most assuredly agement Act. gram. a loss to countless thousands of women Mr. HOLLINGS. Mr. President, I join It will be most beneficial if the Small entrepreneurs, let alone a loss to our the Senator from Washington in sup- Business reauthorization bill is consid- overall national economy. porting this exhibits and lecture series ered and passed in the Senate and We must keep in mind that the funds at the Odyssey Maritime Discovery House prior to conference on this ap- in this bill for the women’s business Center and believe the National Marine propriations measure. I draw my col- centers reflect those appropriated in Fisheries Service should provide leagues’ attention to this issue because 1997, and, therefore, the expansion of $250,000 through the Information and absent the higher authorized funds of this program as envisioned in S. 888, Analyses, Resource Information ac- $8 million for the women’s centers’ pro- the ‘‘Women’s Business Centers Act of count. I too feel this series will provide gram, it means in 1998 we may not be 1997’’ and the reauthorization of the a fitting tribute to the former Senator able to achieve the expansion of this Small Business Act, may be delayed. from Washington and an important program as we intended. There will be As evidenced by cosponsorship of S. learning tool for young people. insufficient funds to expand the pro- 888, a fourth of the Senate, on a bipar- Mr. GREGG. Mr. President, I also gram into States who presently do not tisan basis, supports expansion of the join the Senator from Washington in have women’s centers and existing pro- women’s business centers’ program. We supporting this lecture series. I think grams cannot extend their programs need to be aware of the consequences of Senator Magnuson would be honored from 3 to 5 years. This is a serious this and do everything we possibly can by this educational effort to teach chil- problem because we are well aware of to provide the support this critical and dren about the ways of the sea, and the the positive benefits of the women’s highly successful program needs in the economic and ecological ways of life business centers in helping women en- future. Thank you. that depend on it. trepreneurs, the fastest growing group THE VERMONT WORLD TRADE OFFICE Mrs. MURRAY. I thank the chairman of new small businesses in the United Mr. LEAHY. Mr. President, I would and ranking member of the Sub- States. These business centers are able like to take a moment to highlight a

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8081 program in my State which I believe is Mr. GREGG. I appreciate the con- which authorized CALEA, should also a model the Small Business Adminis- cerns of my colleague from New Jersey be involved in approving the industry tration [SBA] should consider invest- about reducing violent behavior in our officials on the working group and any ing in. Small businesses are the driving society, and I agree that the Violence plan provided by the working group? force of Vermont’s economy. An impor- Institute provides valuable assistance Mr. GREGG. Yes. It is appropriate for tant reason for their success in the in addressing the epidemic of violent the Committees on the Judiciary of State has been the development of a crime in the United States. Successful both the House and the Senate to be in- healthy export market for the goods programs that provide research into volved and that was the intention of they produce. Forty percent of the basic causes of violence, and that the committee when it prepared the re- Vermont companies, employing some develop initiatives to prevent the port. 70,000 Vermonters, are engaged in some spread of violent crime, can be valu- Mr. HOLLINGS. Yes. I agree with degree of export trade. In 1995, able tools in our Nation’s fight against Senators LEAHY and GREGG. Vermont created and funded the crime. I believe that programs such as Mr. LEAHY. This addresses one of Vermont World Trade Office [WTO] to the ones conducted at the Violence In- the concerns I have with the report’s provide technical assistance to stitute are worthy of the Department’s new requirements for expenditures of Vermont businesses and information support. money for CALEA implementation. on foreign trade opportunities. The of- Mr. HOLLINGS. I, too, share the con- I am also concerned about whether fice has been overwhelmed by requests cerns of the Senator from New Jersey creation of the working group tasked from companies interested in exploring about violent crime in our society. The with developing a CALEA implementa- trade opportunities. To meet that de- Violence Institute’s research in this tion plan will delay, rather than facili- mand and make the office more con- area makes a significant contribution tate, implementation of this law and venient to Vermont businesses, the to the Department of Justice’s efforts compliance by telecommunications WTO hopes to open satellite offices in to address this problem, and I agree carriers with the four law enforcement requirements enumerated in this im- other parts of the State, expand serv- with the chairman that programs like portant law. Indeed, the report places ices and offer additional seminars for the Violence Institute are worthy of no time constraints on creation of this interested businesses. Funding from the Department’s support. the SBA would make this expansion working group or on when the Bureau- COMMUNICATIONS ASSISTANCE FOR LAW working group implementation plan possible. I believe that a modest in- ENFORCEMENT ACT must be submitted to the specified vestment by SBA would yield a valu- Mr. LEAHY. Mr. President, Chair- committees. able demonstration of the importance man GREGG and the Appropriations of export assistance in building and ex- Further delay in implementation of Subcommittee on Commerce, Justice, CALEA poses risks for the effective- panding markets for small businesses. State and the Judiciary recognize in Does the Senator from New Hampshire ness of our law enforcement agencies. the Report for S. 1022 that the ‘‘pace of As the committee acknowledges, they agree that this would be an appropriate technological change in the tele- are already encountering problems in use of SBA funding? communications industry poses enor- executing court-authorized wiretaps. Mr. GREGG. Mr. President, I thank mous challenge’’ both to law enforce- the Senator from Vermont for bringing The industry, with the input of law en- ment and national security agencies in forcement, has drafted a specifications this project to my attention. I agree conducting court-authorized wiretaps that many small businesses do not standard for CALEA. I am concerned and ‘‘in the conduct of foreign counter- that objections from the Bureau over have adequate access to information on intelligence and terrorism investiga- building an export market for their elements in that proposed standard are tions in the United States.’’ The Com- delaying its adoption. I would like to goods. A demonstration of the impor- munications Assistance for Law En- see the Bureau accept that standard tance of this assistance by the forcement Act [CALEA], which I spon- and get on with CALEA implementa- Vermont World Trade Office would sored in the 103d Congress, addressed tion. benefit other States considering a this public safety and national security I am also concerned that the working similar system. I urge the SBA to con- problem, after considerable debate and group proposed by the committee will sider providing the Vermont World hearings in the Judiciary Committees work behind closed doors, without the Trade Office with $150,000 to conduct of both the House and the Senate. I accountability that CALEA intended. such a demonstration. commend the chairman and the sub- We should make sure that any meet- VIOLENCE INSTITUTE committee for recognizing ‘‘that dig- ings of the working group will be open Mr. LAUTENBERG. I want to express ital telephony is a top law enforcement to privacy advocates and other inter- my support for the University of Medi- priority.’’ ested parties. cine and Dentistry of New Jersey’s CALEA authorizes $500 million for I fully appreciate that questions have [UMDNJ] Violence Institute, which the Attorney General to pay tele- been raised about how the implementa- provides valuable assistance to our ef- communications carriers for costs as- tion of CALEA is proceeding. That is forts to curb violent behavior in all associated with modifying the embedded why, over a year ago, Senator SPECTER pects of our society. The Violence In- base of equipment, services, and facili- and I asked the Digital Privacy and Se- stitute’s programs are not directed ties to comply with CALEA. Neverthe- curity Working Group, a diverse coali- solely at violent behavior of a criminal less, S. 1022 does not include any fund- tion of industry, privacy and govern- nature, but also focus on issues of doing for this law, based upon the Com- ment reform organizations, for its mestic violence, and violence against mittee’s finding ‘‘that the Bureau has views on implementation of CALEA, women and children. I want to note adequate resources available.’’ and other matters. We circulated to that the Violence Institute was one of Moreover, the report recommends our colleagues on June 20, 1997, a copy only a handful of projects rec- that no funds be expended for CALEA of this group’s ‘‘Interim Report: Com- ommended for special funding in the until the following requirements are munications Privacy in the Digital conference report accompanying the met: First, the Bureau creates a work- Age.’’ The report recommends that fiscal year 1997 Commerce, Justice, ing group with industry officials ap- hearings be held to examine implemen- State appropriations bill. proved by the House and Senate Appro- tation of CALEA, how the Bureau in- I ask my colleagues, the chairman priations Committees, and second, the tends to spend CALEA funds, and the and ranking member of the Commerce, working group develops a new ‘‘more viability of CALEA’s compliance dates. Justice, State Appropriations Sub- rational, reasonable, and cost-effective This recommendation is a good one. committee, Senators GREGG and HOL- CALEA implementation plan’’ that is We should air these significant ques- LINGS, if they agree that the Violence satisfactory to the Senate Appropria- tions at an open hearing before the au- Institute’s initiatives to curb violent tions Committee. thorizing Committees. I would rather behavior are consistent with the De- Would Chairman GREGG agree with see the authorizing Committees work partment of Justice’s objectives and me that in addition to the Appropria- in that fashion with the Appropriations that such programs are worthy of the tions Committees, the Judiciary Com- Committees to make funds imme- Department’s support? mittees of both the House and Senate, diately available and insure those

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8082 CONGRESSIONAL RECORD — SENATE July 24, 1997 funds are spent to establish a minimum SEC. 120. (a) Section 1(d) of the Foreign funding sources and register with the standard that serves law enforcement’s Agents Registration Act of 1938, as amended Attorney General that their sources of pressing needs, without some of the en- (22 U.S.C. 611(d)) is amended by inserting funding are foreign governments, some hancements being proposed by the FBI after ‘‘The term ‘agent of a foreign prin- other nonprofit public affairs organiza- cipal’ ’’ the following: ‘‘(1) includes an entity that industry claims are delaying the described in section 170(b)(1)(A)(vi) of the In- tions actually try to keep from public process of implementation. The com- ternal Revenue Code of 1986 that receives, di- view the fact that they receive sub- mittees should insist on some prior- rectly or indirectly, from a government of a stantial foreign government revenue. ities in terms of geographic need and foreign country (or more than one such gov- When these groups meet with Mem- capability. I think we could resolve ernment) in any 12-month period contribu- bers of Congress and staff, mail infor- this with a little oversight, and return tions in a total amount in excess of $10,000, mation all around the country, and or- to the spirit of reasonableness that and that conducts public policy research, ganize public affairs events without characterize the drafting of CALEA. education, or information dissemination and ever disclosing the fact that their fund- that is not included in any other subsection TECHNICAL CORRECTIONS of 170(b)(1)(A), and (2)’’. ing comes from other countries’ na- Mr. GREGG. Mr. President, the fol- (b) Section 3(d) of such Act (22 U.S.C. tional governments, something is lowing are technical corrections to the 613(d)) is amended by inserting ‘‘, other than wrong. fiscal year 1998 Departments of Com- an entity referred to in section 1(d)(1),’’ after Mr. President, this amendment has a merce, Justice, and State, the Judici- ‘‘any person’’. different target than the discussions ary and related agencies appropriations Mr. BINGAMAN. Mr. President, this going on about campaign finance re- report: First, under ‘‘Title I—Depart- amendment is basically a sunshine pro- form. It is focused on a rather narrow ment of Justice’’, on page 7, line 3, de- vision that would require nonprofit window in the law which allows some lete $17,251,958,000; and insert public affairs organizations to register nonprofits to be bolstered by foreign $17,278,990,000; on page 7, line 6, delete with the Attorney General if such or- government funds while not having to $826,955,000 and insert $853,987,000; and ganizations receive contributions in be upfront with the broader public. second, under ‘‘Title V—Related Agen- excess of $10,000 from foreign govern- I believe that our public policy proc- cies, Small Business Administration’’, ments in any 12-month period. ess can only benefit by the disclosure on page 126, line 22, delete $8,756,000 and This provision would not affect that this legislation would require. insert $8,756,000,000. churches, hospitals, or other nonprofit, And I trust that my colleagues will AMENDMENT NO. 979 501(c)3 organizations which are not fo- agree and hope that they will support Mr. GREGG. Mr. President, I ask cused on public policy matters. In fact, this amendment which I am offering unanimous consent that we now adopt this amendment only affects those pub- today. the managers’ amendment, which is lic policy nonprofit organizations that AMENDMENT NO. 1001 the pending amendment No. 979. do accept foreign government money. At the appropriate place, insert the fol- The PRESIDING OFFICER. The Furthermore, this amendment does lowing new section: question is on agreeing to the amend- not prohibit or object to such foreign SEC. . The Office of Management and ment. government contributions. It only re- Budget shall designate the Jonesboro- The amendment (No. 979) was agreed quires that organizations publicly ac- Paragould, AR Metropolitan Statistical Area to. knowledge such contributions—when in lieu of the Jonesboro, AR Metropolitan Mr. GREGG. Mr. President, I move to they are over a threshold of $10,000 a Statistical Area. The Jonesboro-Paragould, reconsider the vote. year from all foreign government AR Metropolitan Statistical Area shall include both Craighead County, AR and Greene Mr. HOLLINGS. I move to lay that sources—by registering this informa- County, AR, in their entirety. motion on the table. tion with the Attorney General under The motion to lay on the table was the Foreign Agents Registration Act. AMENDMENT NO. 1002 agreed to. Mr. President, I’m sure that many of On page 29 of the bill, on line 18, before the AMENDMENTS NOS. 999 THROUGH 1021, EN BLOC my colleagues may be wondering what ‘‘:’’ insert the following: ‘‘, of which Mr. GREGG. Mr. President, I now triggered the need for this legislation. $25,000,000 shall be for grants to states for send a series of amendments to the Let me state that this amendment is programs and activities to enforce state laws desk and ask unanimous consent that not directed at any particular organi- prohibiting the sale of alcoholic beverages to they be considered read and agreed to, zation or nonprofit entity. This is sim- minors or the purchase or consumption of al- the motion to reconsider be laid upon ply a common-sense provision that will coholic beverages by minors’’. the table, and that any statements re- help make the public affairs environ- Mr. BYRD. Mr. President, of the lating to these amendments be inserted ment healthier by the disclosure of funds appropriated for law enforcement at this point in the RECORD, with all of when foreign government money is grants in the bill before us, my amend- the above occurring, en bloc. supporting a given nonprofit public af- ment would ensure that $25 million These amendments have been cleared fairs organization and when not. would be provided for grants to states by both sides of the aisle. These nonprofit organizations are or- for programs and activities to enforce The PRESIDING OFFICER. Without ganized for the public good and they state laws regarding youth access to objection, it is so ordered. are subsidized by the American people. alcohol. This amendment adds no The amendments (Nos. 999 through To the degree that these organizations money to the bill and needs no offset. 1021) were agreed to, as follows: are weighing in on important public All states prohibit the sale of alco- AMENDMENT NO. 999 policy matters—particularly on our holic beverages to minors. In addition, At the appropriate place, insert the fol- Nation’s economic policies and defense thee are a range of other laws regard- lowing: Notwithstanding any other provision strategies, but also in other public pol- ing youth access to alcohol that states of law, the Economic Development Adminis- icy areas—and are receiving foreign may have on the books. For instance, tration is directed to transfer funds obli- government contributions to support some states, in addition to prohibiting gated and awarded to the Butte-Silver Bow Consolidated Local Government as Project their activities, I believe that the the sale of alcoholic beverage to mi- Number 05–01–02822 to the Butte Local Devel- American public has the right to know nors, have laws prohibiting the con- opment Corporation Revolving Loan Fund to that such foreign government contribu- sumption of alcoholic beverages by mi- be administered by the Butte Local Develop- tions have been made to that organiza- nors, and still others ban possession of ment Corporation, such funds to remain tion. alcoholic beverages by minors. available until expended. Members of Congress and their staff Mr. President, just today in The meet regularly with representatives of Washington Post there is an article re- AMENDMENT NO. 1000 many nonprofit public affairs organiza- garding a sting operation in Arlington (Purpose: To require a non-profit public af- tions—which are permitted to engage County in establishments that sell al- fairs organization to register with the At- torney General if the organization receives in public education activities on the cohol to minors. According to the offi- contributions in excess of $10,000 from for- Hill. But while some organizations like cer in charge of the operation, minors eign governments in any 12-month period) the Japan Economic Institute and purchased alcoholic beverages without On page 65, between lines 9 and 10, insert Korea Economic Institute are quite any kind of I.D. check in 57 percent of the following: straightforward about their primary the establishments visited. This is a

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8083 disgrace, Mr. President, and, I am Hoffman said. One of those caught was a 10- This legislation helps to save lives and afraid, a not uncommon occurrence. I year-old working beside her father at a fam- sends a message to our nation’s youth concur wholeheartedly with a quote of ily-run store, he said. that drinking and driving is wrong, Eric, who is 19 years old and who par- Testers have revisited 12 stores and res- that it is a violation of the law, and taurants after busting employees a first ticipated in the sting operation. Ac- time, and two of them, a Giant pharmacy that it will be appropriately punished. cording to Eric, ‘‘We’ve figured out and a CVS drugstore, failed to card a second Our children are besieged with media why we have an underage drinking time, police records show. messages that create the impression problem.’’ With the media and adver- ‘‘We are constantly educating our people that alcohol can help to solve life’s tisements besieging our nation’s youth about selling alcohol to minors with training problems, lead to popularity, and en- with unrealistic messages about alco- sessions, booklets and videos,’’ Giant Vice hance athletic skills. These messages hol consumption combined with insuf- President Barry Scher said. ‘‘But we have coupled with insufficient enforcement ficient enforcement of laws already on 5,000 checkers, and we do the best we can.’’ of laws prohibiting the consumption of The Virginia Department of Alcoholic Bev- the books, what you wind up with is, erage Control has started administrative alcohol by minors give our nation’s indeed, an ‘‘underage drinking prob- proceedings against 29 establishments where youth the impression that it is okay lem.’’ The article concludes by saying arrests have been made, and that’s just the for them to drink. This impression has that County officials even warned es- beginning. ‘‘It is our intention to file a deadly consequences. In the three lead- tablishments that they would be using charge against each and every establishing causes of death for 15 to 24 year underage people to buy alcohol, and, ment,’’ said Philip Disharoon, assistant spe- olds, accidents, homicides, and sui- still, 57 percent of the time the under- cial agent in charge of the Alexandria/Ar- cides, alcohol is a factor. Efforts to age participants in the operation were lington ABC office. curb the sale of alcohol to minors have The sting, while it is Arlington’s first in able to purchase alcohol without chal- recent years, is not unprecedented in the high payoffs in helping to prevent chil- lenge. What would the percentage have Washington area. In 1994, Montgomery Coun- dren from drinking and driving death been had the letters not been sent? Mr. ty sent underage drinkers to 25 county hotels or injury. President, I ask unanimous consent and eventually cited 14 businesses for selling There is a link between alcohol con- that the article from The Washington alcohol to minors in hotel rooms. sumption and increased violence and Post be printed into the RECORD. Nor did the operation come out of the blue: crime, and I believe that directing There being no objection, the article Arlington officials sent letters to all licensed funding to programs to enforce under- was ordered to be printed in the stores, restaurants and hotels in April warn- age drinking and sale-to-minors laws ing that they would be using underage people RECORD, as follows: will have a positive effect on efforts to to buy alcohol. ALCOHOL SALES TO MINORS TARGETED—170 OF address juvenile crime. According to 294 BUSINESSES SOLD TO TEEN TESTERS Mr. BYRD. Mr. President, alcohol is the Center on Addiction and Substance [From the Washington Post, July 24, 1997] the drug used most by teens with dev- Abuse at Columbia University, on col- (By Brooke A. Masters) astating consequences. According to lege campuses, 95 percent of violent When the Arlington County police decided statistics compiled by the National crime is alcohol-related and in 90 per- to crack down on restaurants, hotels and Center on Addiction and Substance cent of campus rapes that are reported, stores that sell alcohol to minors, they were Abuse, among children between the alcohol is a factor. 31.9 percent of shocked by the results. ages of 16 and 17, 69.3 percent have at Since mid-June, they have sent 18- and 19- youth under the age of 18 in long-term, one point in their lifetimes experi- state operated juvenile institutions year-old testers to 294 establishments, and mented with alcohol. As I consistently the testers were able to buy booze at 170 of were under the influence of alcohol at them. Servers and clerks failed to check remind my colleagues, in the last the time of their arrest. These statis- identification at everything from the Ritz- month, approximately 8 percent of the tics are frightening and they need to be Carlton Hotel to two out of three restaurants nation’s eighth graders have been addressed. in the Fashion Centre at Pentagon City to drunk. Eighth graders are 13 years old, This amendment will send a clear dozens of small convenience stores. Mr. President! Junior and senior high message to states that the federal gov- ‘‘We’re making purchases at 57 percent of school students drink 35 percent of all the places we go to. It’s really absurd,’’ said ernment recognizes that enforcement wine coolers and consume 1.1 billion of underage drinking laws is an impor- Lt. Thomas Hoffman, who is overseeing the cans of beer a year. And I will repeat sting. ‘‘We figured we’d get 30 percent.’’ tant priority and that we are willing to Eric, a 19-year-old Virginia Tech sopho- what is common knowledge to us all— back that message up with funds to as- more who participates in the stings, said, every state has a law prohibiting the sist states in their efforts. It is not ‘‘We’ve figured out why we have an underage sale of alcohol to individuals under the good enough to simply urge better en- drinking problem.’’ age of 21. Knowing this, how is it then forcement. We must provide the re- Eric, who is not being fully identified be- that two out of every three teenagers sources. cause he’s still out trying to buy alcohol, who drink report that they can buy and his fellow student aides wear recording In addition, Mr. President, I would devices when they enter a store or a res- their own alcoholic beverages? As if like to say to my good friend, the taurant. They carry no identification, so the dangers of youth alcohol consump- Chairman of the Judiciary Committee, stores and restaurants can’t claim that the tion are not bad enough, statistics Senator HATCH, that I intend to work testers provided fake IDs. have shown that alcohol is a gateway with him when S. 10, the Violent and In restaurants, the students order drinks, to other drugs such as marijuana and Repeat Juvenile Offender Act of 1997, is and county police officers take over once the cocaine. being reauthorized and before the Sen- alcohol arrives, Hoffman said. They pour the Drinking impairs one’s judgment and drinks into evidence bottles, take pictures of ate in order to authorize funding for the server and hand out arrest warrants. when mixed with teenage driving there this program in the coming fiscal In stores, the students take beer or wine up are too often lethal results. In 1995, years. to the counter, pay for it and leave. Then an there were 2,206 alcohol-related fatali- I call on my colleagues to support officer goes in and makes an arrest, he said. ties of children between the ages of 15 this amendment which will help states Often, the employees claim that they usually and 20. For many years, I have taken and localities better enforce youth al- check ID or that the tester is a regular. The the opportunity when addressing cohol laws and protect our children. employees all have been charged with serv- groups of youth West Virginians to ing alcohol to a minor, a misdemeanor. AMENDMENT NO. 1003 At Hard Times Cafe in Clarendon, the warn them about the dangers of alco- On page 86, line 3 after ‘‘Secretary of Com- young female tester came in with an older hol, and I have supported legislative ef- merce.’’ insert the following: man, and the server ‘‘looked at the guy and forts to discourage people, particularly SEC. 211. In addition to funds provided else- assumed he’s her father and he wouldn’t let young people, from drinking any alco- where in this Act for the National Tele- her drink under age,’’ said Su Carlson, the hol. I am proud to have sponsored an communications and Information Adminis- general manager. ‘‘We were wrong. But it’s amendment two years ago which re- tration Information Infrastructure Grants slightly entrapment. It’s better to put an un- quires states to pass zero-tolerance program, $10,490,000 is available until expended: Provided, That this amount shall be dercover person in an establishment, and if laws that will make it illegal for per- they see someone underaged drink, ID offset proportionately by reductions in ap- them.’’ sons under the age of 21 to drive a propriations provided for the Department of The sting also has caught four underage motor vehicle if they have a blood al- Commerce in Title II of this Act, provided people selling alcohol, which also is illegal, cohol level greater than .02 percent. amounts provided: Provided further, That no

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8084 CONGRESSIONAL RECORD — SENATE July 24, 1997 reductions shall be made from any appro- Mr. HARKIN. Mr. President it is my gress for his 50 years of dedicated serv- priations made available in this Act for the great pleasure to offer this sense of the ice to the U.S. Government. National Oceanic and Atmospheric Adminis- Senate to recognize and commend John Mr. WARNER. Mr. President, I am tration, National Institute of Standards and H.R. Berg for 50 years of service to the privileged to join my friend from Iowa, Technology and National Telecommuni- cations and Information Administration pub- U.S. Government on behalf of myself Senator HARKIN, in putting in the Sen- lic broadcasting facilities, planning and con- and Senator WARNER. Mr. Berg’s em- ate’s recognition of John Berg—an in- struction. ployment with the U.S. Government stitution himself. began at age 15 working for the U.S. His service to Americans was his life. AMENDMENT NO. 1004 Army in 1946. From July 1947 to Feb- No task was insurmountable; no task On page 29 of the bill, line 2, after ‘‘Center’’ ruary 1949 he worked with the Amer- was performed with less than all-out insert the following: ‘‘, of which $100,000 shall ican Graves Registration Command in dedication. be available for a grant to Roberts County, Paris. My most memorable among many South Dakota; and of which $900,000 shall be In July 1949, Mr. Berg began his em- trips to Paris was during the bicenten- available for a grant to the South Dakota ployment with the U.S. Embassy in nial of the Treaty of Paris in 1983. Division of Criminal Investigation for the Paris. Currently, he is the chief of the President Reagan had appointed me as procurement of equipment for law enforcement telecommunications, emergency com- visitors and travel unit in our Embassy his representative to the many events munications, and the state forensic labora- in Paris. Currently, he is the chief of the French hosted to honor the first tory’’. the visitors and travel unit in our Em- treaty to recognize, in 1783, a new Na- bassy in Paris. So far this year, as tion—the 13 colonies as the United AMENDMENT NO. 1005 chief of the Embassy’s travel and visi- States of America. John Berg was my Purpose: To improve the bill by amending tors office, Mr. Berg and his staff of aid-de-camp throughout that visit. I section 305 to realign Guam and the North- three have supported over 10,700 official should add to that official visits to the ern Mariana Islands with the United States visitors, 500 conferences, and over 40th and 50th recognitions of D-day, Court of Appeals for the Twelfth Circuit) 15,000 official and unofficial reserva- June 6, 1944. On page 93, strike the matter between lines tions. The position entails coordi- And so it goes for all of us in Con- 14 and 15 and insert the following: nating all travel, transportation, hous- gress as we salute John Berg. Well ‘‘Ninth ...... California, Nevada.’’; ing control rooms and airport formali- done, sir. On page 93, strike the matter between lines ties for visits and conferences. Mr. AMENDMENT NO. 1007 17 and 18 and insert the following: Berg’s dedication, efficiency, and wide At the appropriate place in the bill, insert ‘‘Twelfth ...... Alaska, Arizona, Guam, range of useful host government and the following new section: Hawaii, Idaho, Mon- private sector contacts have been in- ‘‘The Administrative Office of the United tana, Northern Mar- States Courts, in consultation with the Judi- iana Islands, Oregon, valuable to the Embassy and the U.S. Washington.’’. cial Conference, shall conduct a study of the Government. His support efforts, per- average costs incurred in defending and pre- On page 94, strike lines 14 through 19 and sonal interest, and ability to accom- siding over federal capital cases from the ini- insert the following: plish the impossible have become leg- tial appearance of the defendant through the ‘‘(1) is in California or Nevada is assigned end in the Foreign Service and to those final appeal, and shall submit a written re- as a circuit judge on the new ninth circuit; port to the Chairman and Ranking Members (2) is in Alaska, Arizona, Guam, Hawaii, of us who know his work personally. of the Senate and House Committees on Ap- Idaho, Montana, Northern Mariana Islands, I know I speak for those who have propriations and Judiciary on or before July Oregon, Washington is assigned as a circuit worked with Mr. Berg when I say that 1, 1998, containing recommendations on judge on the twelfth circuit; and’’. he has devoted his life to providing dedicated, faithful, and loyal service to measures to contain costs in such cases, with constitutional requirements.’’ AMENDMENT NO. 1006 the U.S. Government. He willingly and ‘‘: Provided Further, That the Attorney (Purpose: Sense of the Senate regarding half cheerfully works long hours—evenings, General, shall review the practices of U.S. a century of service to U.S. taxpayer) weekends and holidays—to ensure that Attorneys’ Offices and relevant investigating At the appropriate place, insert the fol- our visits are handled in the most agencies in investigating and prosecuting lowing new section: skillful and efficient manner possible. federal capital cases, including before the SEC. . SENSE OF THE SENATE REGARDING THE And he has received five Department of initial appearance of the defendant through EXEMPLARY SERVICE OF JOHN J. R. State Meritorious Honor Awards for final appeal, and shall submit a written re- BERG TO THE UNITED STATES. port to the Chairman and Ranking Members his outstanding work. of the Senate and House Committees on the Whereas, John H. R. Berg began his service A little known fact about John Berg to the United States Government working Appropriations and Judiciary on or before for the United States Army at the age of fif- was that he was a stateless person at July 1, 1998, containing recommendations on teen after fleeing Nazi persecution in Ger- the beginning of his service to the U.S. measures to contain costs in such cases, con- many where his father died in the Auschwitz Government. He was born in Germany sistent with constitutional requirements, concentration camp; and, in 1930, but lost his German citizenship and outlining a protocol for the effective, fis- Whereas, John H. R. Berg’s dedication to in 1943 due to Nazi Jewish persecution. cally responsible prosecution of federal cap- the United States Government was further After his father was deported to Ausch- ital cases’’. exhibited by his desire to become a United witz, he and his mother with a small States citizen, a goal that was achieved in AMENDMENT NO. 1008 group of brave Jews, hid in Berlin from 1981, 35 years after he began his commend- (Purpose: To express the sense of the Senate able service to the United States; and, the Gestapo until the end of the war. with respect to slamming) The heroism they exhibited and the Whereas, since 1949, John H. R. Berg has At the appropriate place insert the fol- been employed by the United States Em- dangers they faced are documented in lowing: bassy in Paris where he is currently the the book, ‘‘The Last Jews of Berlin,’’ SEC. . SENSE OF THE SENATE WITH RESPECT TO Chief of the Visitor’s and Travel Unit, And, by Leonard Gross. His father died in SLAMMING. this year has supported over 10,700 official the concentration camp. And after (a) STATEMENT OF PURPOSE.—The purposes visitors, 500 conferences, and over 15,000 offi- World War II, John Berg moved to of this statement of the sense of the Senate cial and unofficial reservations; and, are to— Whereas, John H. R. Berg’s reputation for France where he began working for the American Government, and has now (1) protect consumers from the fraudulent ‘‘accomplishing the impossible’’ through his transfer of their phone service provider; dedication, efficiency and knowledge has be- completed 50 years of service to the (2) allow the efficient prosecution of phone come legend in the Foreign Service; and, U.S. Government. For all his adult life, service providers who defraud consumers; Whereas, John H. R. Berg has just com- John Berg’s most fervent desire was to and pleted 50 years of outstanding service to the become a U.S. citizen. That goal was (3) encourage an environment in which United States Government with the United realized, and he was sworn in as an consumers can readily select the telephone States Department of State, American citizen in 1981. service provider which best serves them. Therefore Be It Resolved, it is the Sense of Mr. President I cannot think of a bet- (b) FINDINGS.—The Congress finds the fol- the Senate that John H. R. Berg deserves the lowing: highest praise from the Congress for his ter role model for those in the public (1) As the telecommunications industry steadfast devotion, caring leadership, and sector. Therefore, I believe that John has moved toward competition in the long lifetime of service of the United States Gov- Berg deserves the absolute highest distance market, consumers have increas- ernment. praise from the President and the Con- ingly elected to change the company which

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8085 provides their long-distance phone service. the use of Public Safety and Community Po- ous problem involving foreign children As many as fifty million consumers now licing Grants, authorized under title I of the emigrating to the United States for the change their long distance provider annu- 1994 Act, to support innovative programs to purpose of being united with their ally. improve the safety of elementary and sec- adoptive parents. Quite simply, the (2) The fluid nature of the long distance ondary school children and reduce crime on market has also allowed an increasing num- or near elementary or secondary school amendment urges the Attorney Gen- ber of fraudulent transfers to occur. Such grounds.’’ eral to exercise that authority to waive transfers have been termed ‘‘slamming’’, vaccination requirements for certain which constitutes any practice that changes AMENDMENT NO. 1010 categories of emigres that is part of a consumer’s long distance carrier without (Purpose: To limit the funds made available current law. the consumer’s knowledge or consent. for the Office of the Under Secretary of (3) Slamming is now the largest single con- Last year, my colleague from Ari- Commerce for Intellectual Property Pol- sumer complaint received by the Common zona, Senator KYL, succeeded in get- icy, if such office is established, and for Carrier Bureau of the Federal Communica- ting passed legislation authorizing the other purposes) tions Commission. As many as one million Attorney General to waive the immu- consumers are fraudulently transferred an- On page 75, line 3, strike all beginning with nization requirements for legal aliens ‘‘$20,000,000,’’ through line 8 and insert the nually to a telephone consumer which they entering the country if medical, moral have not chosen. following: ‘‘such funds as are necessary, not (4) The increased costs which consumers to exceed 2 percent of projected annual reve- or religious considerations so warrant. face as a result of these fraudulent switches nues of the Patent and Trademark Office, Unfortunately, that authority has not threaten to rob consumers of the financial shall be made available from the sum appro- been exercised, despite extenuating cir- benefits created by a competitive market- priated in this paragraph for the staffing, op- cumstances that clearly argue for such place. eration, and support of said office once a a waiver from the immunization re- (5) The Telecommunications Act of 1996 plan for this office has been submitted to the quirement. No where is this failure to sought to combat this problem by directing House and Senate Committees on Appropria- exercise that authority more damaging that any revenues generated by a fraudulent tions pursuant to section 605 of this Act.’’. than in the area of foreign-borne or- transfer be payable to the company which AMENDMENT NO. 1011 the consumer has expressly chosen, not the phans being adopted by U.S. citizens. At the appropriate place, add the fol- fraudulent transferor. lowing: Neither Senator KYL nor I would (6) While the Federal Communications ‘‘Section 1701(b)(2)(A) of title I of the Om- argue that immigrants with serious Commission has proposed and promulgated nibus Crime Control and Safe Streets Act of regulations on this subject, the Commission communicable diseases should be al- 1968 (42 U.S.C. 3796dd) is amended to read as has not been able to effectively deter the lowed into the United States. What we follows: practice of slamming due to a lack of pros- are saying is that children whose med- ‘‘(A) may not exceed 20 percent of the ecutorial resources as well as the difficulty ical conditions cannot be accurately funds available for grants pursuant to this of proving that a provider failed to obtain determined without a more thorough subsection in any fiscal year.’’. the consent of a consumer prior to acquiring examination than can be administered that consumer as a new customer. Commis- AMENDMENT NO. 1012 in their home country should not be sion action to date has not adequately pro- subjected to vaccinations that may tected consumers. At the appropriate place, insert ‘‘Provided (7) The majority of consumers who have further, That none of the funds appropriated trigger unforeseen reactions, for in- been fraudulently denied the services of or otherwise made available to the Immigra- stance, from allergies to a specific their chosen phone service vendor do not tion and Naturalization Service may be used serum. Additionally, other medical turn to the Federal Communications Com- to accept, process, or forward to the Federal conditions may exist that make immu- mission for assistance. Indeed, section 258 of Bureau of Investigation any FD–258 finger- nization at a specific time unadvisable, the Communications Act of 1934 directs that print card, or any other means used to trans- as would be the case with a child suf- State commissions shall be able to enforce mit fingerprints, for the purpose of con- fering from influenza. All this amend- ducting a criminal background check on any regulations mandating that the consent of a ment does is tell the Attorney General consumer be obtained prior to a switch of applicant for any benefit under the Immigra- service. tion and Nationality Act unless the appli- to do what common sense dictates (8) It is essential that Congress provide the cant’s fingerprints have been taken by an of- should be done anyway: not subject consumer, local carriers, law enforcement, fice of the Immigration and Naturalization children to vaccinations to which their and consumer agencies with the ability to ef- Service or by a law enforcement agency, systems may not be immediately ficiently and effectively persecute those which may collect a fee for the service of adaptable. companies which slam consumers, thus pro- taking and forwarding the fingerprints.’’ viding a deterrent to all other firms which Mr. President, I urge my colleagues provide phone services. AMENDMENT NO. 1013 to support this amendment. It would (c) SENSE OF THE SENATE.—It is the sense (Purpose: To strike a restriction concerning do nothing that could pose a health of the Senate that— the transfer of certain personnel to the Of- risk to the American public; it only (1) the Federal Communications Commis- fice of Legislative Affairs or the Office of eliminates the risk to children, often sion should, within 12 months of the date of Public Affairs of the Department of Jus- from countries with far more primitive enactment of this Act, promulgate regula- tice) tions, consistent with the Communications health care than is available here, of Act of 1934 which provide law enforcement On page 2, lines 17 through 22, strike the immunizations if their individual med- officials dispositive evidence for use in the colon on line 17 and all that follows through ical conditions indicate such treatment prosecution of fraudulent transfers of ‘‘basis’’ on line 22. would pose a serious risk to the health presubscribed costumers of long distance and of the child. local service; and AMENDMENT NO. 1014 (2) the Senate should examine the issue of On page 125, strike lines 3-9. AMENDMENT NO. 1016 slamming and take appropriate legislative SEC. . The second proviso of the second action in the 105th Congress to better pro- AMENDMENT NO. 1015 paragraph under the heading ‘‘OFFICE OF tect consumers from unscrupulous practices (Purpose: To provide a waiver from certain THE CHIEF SIGNAL OFFICER.’’ in the Act including, but not limited to, mandating the immunization requirements for certain entitled ‘‘An Act Making appropriations for recording and maintenance of evidence con- aliens entering the United States) the support of the Regular and Volunteer cerning the consent of the consumer to At the appropriate place, insert the fol- Army for the fiscal year ending June thir- switch phone vendors, establishing higher tieth, nineteen hundred and one’’, approved civil fines for violations, and establishing a lowing: WAIVER OF CERTAIN VACCINA- TION REQUIREMENTS May 26, 1900 (31 Stat. 206; chapter 586; 47 civil right of action against fraudulent pro- U.S.C. 17), is repealed. viders, as well as criminal sanctions for re- SEC. . (a) IN GENERAL.—Section 212 of the peated and willful instances of slamming. Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the fol- AMENDMENT NO. 1017 AMENDMENT NO. 1009 lowing: (Purpose: To foster a safer elementary and ‘‘(p) The Attorney General should exercise (Purpose: To exclude from the United States secondary school environment for the na- the waiver authority provided for in sub- aliens who have been involved in tion’s children through the support of com- section (g)(2)(B) for any alien orphan apply- extrajudicial and political killings in munity policing efforts) ing for an IR3 or IR4 category visa.’’. Haiti) On page 65, line 10, insert the following: Mr. MCCAIN. Mr. President, This is At the appropriate place, insert the fol- ‘‘Section 120. There shall be no restriction on intended to resolve a potentially seri- lowing:

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8086 CONGRESSIONAL RECORD — SENATE July 24, 1997 SEC. . EXCLUSION FROM THE UNITED STATES (4) The Secretary of State shall submit a solve their problems overnight. But it OF ALIENS WHO HAVE BEEN IN- report under this subsection not later than 6 can help. I believe this legislation VOLVED IN EXTRAJUDICIAL AND PO- months after the date of enactment of this LITICAL KILLINGS IN HAITI. sends a strong signal that violence Act and not later than March 1 of each year must not be used as a political tool in (a) GROUNDS FOR EXCLUSION.—None of the thereafter as long as the Government of funds appropriated or otherwise made avail- Haiti has not completed the investigation of Haiti. It also sends a message to the able in this Act shall be used to issue visas the extrajudicial and political killings and Haitians that we will vigorously sup- to any person who— has not prosecuted those implicated for the port those who want to end political vi- (1) has been credibly alleged to have or- killings specified in paragraph (1) of sub- olence and create a lasting society of dered, carried out, or materially assisted in section (a). peace and prosperity in Haiti. the extrajudicial and political killings of (d) DEFINITION.—In this section, the term Antoine Izmery, Guy Malary, Father Jean- Mr. President, I urge the adoption of ‘‘appropriate congressional committees’’ this amendment. Marie Vincent, Pastor Antoine Leroy, means the Committee on International Rela- Jacques Fleurival, Mireille Durocher Bertin, tions of the House of Representatives and AMENDMENT NO. 1018 Eugene Baillergea, Michelange Hermann, the Committee on Foreign Relations of the (Purpose: To improve the bill) Max Mayard, Romulus Dumarsais, Claude Senate. On page 114, strike lines 14–23. Yves Marie, Mario Beaubrun, Leslie Grimar, Mr. DEWINE. Mr. President, my Joseph Chilove, Michel Gonzalez, and Jean- amendment excludes Haitians from the AMENDMENT NO. 1019 Hubert Feuille; (Purpose: To delay the effective date of the (2) has been included in the list presented U.S. who have been involved in amendments made by section 233 of the to former President Jean-Bertrand Aristide extrajudicial and political killings in Antiterrorism and Effective Death Penalty by former National Security Council Advisor Haiti. Specifically, it does this by de- Act of 1996) Anthony Lake in December 1995, and acted nying funds for the issuance of visas to upon by President Rene Preval; these persons. At the appropriate place in title I of the (3) was a member of the Haitian presi- There have been numerous cases of bill, insert the following: dential security unit who has been credibly SEC. 1 . Section 233(d) of the politically-motivated assassinations in Antiterrorism and Effective Death Penalty alleged to have ordered, carried out, or ma- Haiti. Some of these extrajudicial terially assisted in the extrajudicial and po- Act of 1996 (110 Stat. 1245) is amended by litical killings of Pastor Antoine Leroy and killings occurred while former Presi- striking ‘‘1 year after the date of enactment Jacques Fleurival, or who was suspended by dent Jean-Bertrand Aristide was in of this Act’’ and inserting ‘‘October 1, 1999’’. President Preval for his involvement in or exile. Many others took place after he knowledge of the Leroy and Fleurival returned to power. Unfortunately, AMENDMENT NO. 1020 killings on August 20, 1996; these killings have continued after Mr. On page 139, after line 13 insert the fol- (4) was sought for an interview by the Fed- Aristide left office and Rene Preval be- lowing: eral Bureau of Investigation as part of its in- came President. ‘‘GAMBLING IMPACT STUDY COMMISSION quiry into the March 28, 1995, murder of The Haitian Government has as- SALARIES AND EXPENSES Mireille Durocher Bertin and Eugene For necessary expenses of the National Baillergea, Jr., and was credibly alleged to signed over eighty extrajudicial and Gambling Impact Study Commission, have ordered, carried out, or materially as- political killing cases to the Special $1,000,000, to remain available until ex- sisted in those murders, per a June 28, 1995, Investigative Unit. The Haitian Gov- pended: Provided, That funds made available letter to the then Minister of Justice of the ernment claims that they have fired for this purpose shall be taken from funds Government of Haiti, Jean-Joseph Exume; several government employees who are made available on page 23, line 21.’’ (5) was a member of the Haitian High Com- suspects in these killings. mand during the period 1991 through 1994, But the sad fact remains that to AMENDMENT NO. 1021 and has been credibly alleged to have date, no one has been convicted for any At the appropriate place in the bill, insert planned, ordered, or participated with mem- of these assassinations. Simply stated, bers of the Haitian Armed Forces in— the following: Provided further, that not to (A) the September 1991 coup against any there has been no substantial progress exceed $2,000,000 may be made available for person who was a duly elected government in these investigations. the 1999 Women’s World Cup Organizing official of Haiti (or a member of the family We need to encourage the Haitians to Committee cultural exchange and exchange of such official), or bring these killers to justice. We need related activities associated with the 1999 (B) the murders of thousands of Haitians to let them know that these killings Women’s World Cup.’’ during the period 1991 through 1994; or cannot be tolerated. Mr. GREGG. I ask unanimous con- (6) has been credibly alleged to have been a My amendment denies funding for sent that Senator KERRY of Massachu- member of the paramilitary organization the issuance of visas to those who have setts and Senator FEINSTEIN be added known as FRAPH who planned, ordered, or as cosponsors to Senator STEVEN’s participated in acts of violence against the been credibly alleged to have ordered, Haitian people. carried out, materially assisted, or USIA amendment. (b) EXEMPTION.—Subsection (a) shall not sought to conceal these extrajudicial The PRESIDING OFFICER. Without apply if the Secretary of State finds, on a and political killings. The amendment objection, it is so ordered. case-by-case basis, that the entry into the exempts persons for medical reasons, Mr. GREGG. Mr. President, at this United States of a person who would other- or if they have cooperated fully with point I wish to thank, obviously, my wise be excluded under this section is nec- the investigation of these political staff and the minority staff for the ex- essary for medical reasons or such person murders. traordinary amount of time and energy has cooperated fully with the investigation The legislation also includes a re- they have put into this bill. They have of these political murders. If the Secretary of State exempts any such person, the Sec- porting requirement. The Administra- been here all day and have done an in- retary shall notify the appropriate congres- tion would be directed to submit, to credible amount of work in an ex- sional committees in writing. the appropriate congressional commit- tremely complex situation, I would (c) REPORTING REQUIREMENT.—(1) The tees, (1) a list of those who have been say, on a number of occasions. How United States chief of mission in Haiti shall credibly alleged to have ordered or car- they sort it all out, I am not sure. But provide the Secretary of State a list of those ried out the extrajudicial and political they have and they have done it beau- who have been credibly alleged to have or- killings; (2) a list of those refused entry tifully. I thank them for their energies. dered or carried out the extrajudicial and po- to the United States as a result of this I thank the ranking member for all his litical killings mentioned in paragraph (1) of subsection (a). provision; and (3) a report on this mat- time and patience in this exercise, (2) The Secretary of State shall submit the ter, to be submitted once each year, which has been reasonably complicated list provided under paragraph (1) to the ap- until such time as the Government of but very successful as a result of all propriate congressional committees not Haiti has completed the investigation this. later than 3 months after the date of enact- of these extrajudicial and political Mr. HOLLINGS. Mr. President, I am ment of this Act. killings and has prosecuted those im- really grateful to the distinguished (3) The Secretary of State shall submit to plicated in these murders. chairman, the Senator from New the appropriate congressional committees a It is an unfortunate reality that po- Hampshire, for his leadership. His staff list of aliens denied visas, and the Attorney General shall submit to the appropriate con- litical violence has been a way of life has been very professional and coopera- gressional committees a list of aliens refused in Haiti. Too many Haitians have died tive. It is truly a bipartisan measure. entry to the United States as a result of this due to acts of political violence. The It has been a privilege and pleasure to provision. adoption of this amendment will not work with him. Obviously, my staff has

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8087 been working around the clock, and I George Tenet is well known to many across the globe enjoy the support that am really indebted to them. I thank members of the Senate, as he served they need to carry out their duties. I the distinguished chairman. with distinction as a staff member, and wish him a long, fruitful and rewarding Mr. GREGG. I thank the Senator for then Staff Director of the Senate Intel- tenure as our new Director of Central all his work. ligence Committee during the service Intelligence. f of Senator David Boren, of Oklahoma, f when he was Chairman of that Com- MORNING BUSINESS mittee. When Senator Boren retired, to CNN’S COVERAGE OF THE SENATE Mr. GREGG. Mr. President, I ask take up the post of President of the CAMPAIGN FINANCE HEARINGS unanimous consent that there now be a University of Oklahoma, George be- Mr. CRAIG. Mr. President, Cable period for the transaction of morning came the Assistant to the President for News Network announced this week business with Senators permitted to Intelligence matters on the staff of the that it would provide live television speak therein for up to 5 minutes each. National Security Council, and served coverage of the Senate Governmental The PRESIDING OFFICER. Without with great distinction in that capacity. Affairs Committee hearings on cam- objection, it is so ordered. As a result of that service, he was paign finance activities. But, Mr. f asked by Mr. John Deutsch to be the President, their decision was based Deputy Director of Central Intelligence PRIVILEGE OF THE FLOOR only on the fact that former Repub- when Mr. Deutsch was appointed Direc- lican National Committee chairman, Mrs. BOXER. Mr. President, in behalf tor, and he has served as the Acting Di- Haley Barbour, is scheduled to testify. of Mr. BINGAMAN, I ask unanimous con- rector since January of this year when CNN has been suspiciously absent in sent that privileges of the floor be Mr. Deutsch returned to the private its live coverage of the hearings, only granted to Dr. Robert Simon on detail sector. Mr. Tenet has been praised on allowing its viewers to see the opening from the Department of Energy to his the floor by the current leadership of statements of the chairman and the staff, during the pendency of Senate the Senate Intelligence Committee, by ranking member during the past 2 Resolution 98 or any votes occurring the Chairman, the distinguished Sen- weeks of the hearings. thereupon. ator from Alabama, Mr. SHELBY, and As I understand it, CNN based its de- The PRESIDING OFFICER. Without the Ranking Democrat, the distin- cision to provide live coverage of Mr. objection, it is so ordered. guished Senator from Nebraska, Mr. Barbour’s testimony on the judgment f KERREY. They have praised Mr. Tenet’s that he has celebrity status. Or, as capabilities, judgment and character. I CNN’s own Washington Bureau chief, THE VERY BAD DEBT BOXSCORE wish to express my own confidence in Frank Sesno, called them yesterday, his leadership and I believe he has the Mr. HELMS. Mr. President, at the ‘‘major players’’. capacity to bring the agency out of the close of business yesterday, Wednes- That is a decision more fitting of the unfortunate period that it has recently day, July 23, 1997, the Federal debt program ‘‘Entertainment Tonight’’, in- experienced which was tarnished by es- stood at $5,367,622,941,689.53. (Five tril- stead of a network which prides itself pionage scandals, and too rapid a turn- lion, three hundred sixty-seven billion, on being the world’s leader of news. over in the Office of the Director. He six hundred twenty-two million, nine I am certain that I am not the only faces the challenge of bringing morale hundred forty-one thousand, six hun- one disappointed by CNN’s decision to up, as well as restoring public and Con- dred eighty-nine dollars and fifty-three forgo live coverage of the hearings. In gressional confidence in the intel- cents.) fact, on CNN’s own Internet web page, ligence organization of the nation. It is One year ago, July 23, 1996, the Fed- an overwhelming number of CNN’s his responsibility to ensure that the In- eral debt stood at $5,171,664,000,000. viewers are distressed over the net- telligence Community performs on the (Five trillion, one hundred seventy-one work’s failure to provide live coverage. basis of the highest standards of integ- billion, six hundred sixty-four million.) One viewer wrote, and I quote: Five years ago, July 23, 1992, the Fed- rity, and that the tremendous analyt- eral debt stood at $3,988,415,000,000. ical, technical, and personnel resources Although I am very pleased that you are carrying the campaign finance hearings (Three trillion, nine hundred eighty- that the community possesses, without through your Web site, I must say after all of eight billion, four hundred fifteen mil- rival in the world, are brought to bear the interminable O.J. hearings you carried lion.) on the often dangerous and difficult live on CNN, why on God’s earth aren’t you Ten years ago, July 23, 1987, the Fed- targets and areas of concern that con- carrying the hearings as well? I am very dis- eral debt stood at $2,300,098,000,000. stitute the intelligence agenda of the appointed. (Two trillion, three hundred billion, nation. It was signed by Jim Merrick on July ninety-eight million.) Mr. Tenet is already known as a 16. Fifteen years ago, July 23, 1982, the strong leader with clear focus and a Mr. President, there has been such Federal debt stood at $1,086,341,000,000 broad vision. I do not believe there is sufficient controversy over the CNN’s (One trillion, eighty-six billion, three any recent Director of Central Intel- lack of live coverage of the hearings— hundred forty-one million) which re- ligence that I have dealt with that and even the lack of regular coverage flects a debt increase of more than $4 brings as strong a knowledge of and of the hearings by the other television trillion—$4,281,281,941,689.53 (Four tril- constituency in the Senate as he en- networks—that CNN devoted a sub- lion, two hundred eighty-one billion, joys. Intelligence in the confusing and stantial portion of its program ‘‘Inside two hundred eighty-one million, nine shifting world of this post-cold war era Politics’’ on Tuesday, to discuss the hundred forty-one thousand, six hun- is vital to both branches of the na- uproar. dred eighty-nine dollars and fifty-three tional government, and to be successful In a roundtable discussion, where cents) during the past 15 years. must enjoy the strong support of both journalists interview each other about f of them. George is uniquely qualified what a great job they’re doing, CNN’s to bring about a working consensus on APPROVAL OF GEORGE TENET AS Judy Woodruff asked ABC’s Hal Bruno the priorities, activities and budget of about the difference of these hearings DIRECTOR OF CENTRAL INTEL- the intelligence community. He enjoys LIGENCE as compared to the Watergate and an extraordinarily deep reservoir of Iran-Contra hearings. Hal Bruno re- Mr. BYRD. Mr. President, on Thurs- support here in the Senate, and I be- plied, and I quote: day evening, July 10, 1997, the Senate lieve in the White House and the Intel- Government was at a standstill in Wash- confirmed the nomination of George J. ligence Community as well. He is an ington as a result of Watergate and the Tenet, of Maryland, to be the Director outstanding choice, and the President whole country was immersed in it. And the of Central Intelligence. I am delighted is to be commended on his selection. I same was true to a lesser degree with Iran- that the Senate has taken this action, look forward to working with him to Contra. These were major stories of revela- based on the unanimous recommenda- ensure that the highly dedicated, tal- tions of criminal wrongdoing. tion of the Senate Intelligence Com- ented and courageous individuals who Mr. President, Hal Bruno’s comment mittee. serve the nation silently day and night is an outrage.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8088 CONGRESSIONAL RECORD — SENATE July 24, 1997 For one, the country was immersed interested in watching instead of the public The Committee learned that John Huang in these events because the television making that decision for themselves. had worked for Lippo Bank in Los Angeles, networks were carrying the hearings Sincerely, but the CEO of the Bank did not know what live. LARRY E. CRAIG, Huang did in his office. Chairman. The Committee learned that Lippo Group, And furthermore, the campaign fi- run by the Riady family, which employed nance hearings have uncovered much SUMMARY OF HIGHLIGHTS OF TESTIMONY OF Huang, had over the past few years become a more serious charges and allegations. FIRST TWO WEEKS OF HEARINGS BY THE major business partner with China Re- They include: Espionage, foreign influ- COMMITTEE ON GOVERNMENTAL AFFAIRS sources, a trading company wholly owned by ence peddling, campaign corruption INTO 1996 CAMPAIGN FINANCE ABUSES the Government of the People’s Republic of and even money laundering. Just look DNC Finance Director Richard Sullivan ac- China, which has reportedly served as an in- at this summary by the staff of the knowledged that the DNC’s process for vet- telligence-collection front for China. The Committee learned that Huang was Governmental Affairs Committee on ting contributions had ‘‘atrophied,’’ and that the Republican Party’s system for vetting given a political appointment in the Com- what has been revealed so far during 2 merce Department, but his boss, Commerce weeks of hearings. contributions was ‘‘much more systematic, complex and thorough’’ than the Democratic Under secretary Jeffrey Garten found Huang Hal Bruno’s statement is ludicrous, Party’s system. totally unqualified for the position and lim- and CNN’s lack of live coverage of the The Committee learned that John Huang ited his activities to administrative duties. hearings proves that they are ignoring was pushed for his job at the DNC by a for- The Committee learned that Huang was a major news story. eign corporation and its head, James Riady, ‘‘walled off’’ from handling China trade policy and was allowed to handle only some Mr. President, I have written a letter a close friend of President Clinton. The Committee learned that Huang was matters related to Taiwan. to CNN president, Tom Johnson, and The Committee learned that despite being also pushed for his fund-raising position by CNN Washington Bureau chief, Frank ‘‘walled off’’ from China policy, Huang was senior White House officials, like Harold given intelligence briefings on China. Sesno, expressing my disappointment Ickes, but he was not hired by the DNC until The Committee learned that while he was and anger over their decision. This is President Clinton himself pushed for Huang’s at the Commerce Department, Huang had a the same network that covered endless hiring. Top Secret security clearance and received hours of the O.J. Simpson murder The Committee revealed several instances 37 intelligence briefings, at which he was of foreign contributions being laundered into trial—a news event that affected rel- shown 10 to 15 intelligence reports, meaning the DNC: atively few Americans. I have not yet that he saw between 370 and 550 pieces of in- (1) Yogesh Gandhi made a $325,000 con- received a reply from my letter, and I telligence. doubt I will. tribution to the DNC at an event at the The Committee learned that of the pieces Sheraton-Carlton Hotel in Washington in Mr. President, I ask for unanimous of intelligence shown to Huang, he kept pos- 1996 and shortly thereafter received two session of 12 classified documents until the consent to have printed in the RECORD $250,000 wire transfers from a Japanese busi- the summary of highlights of the first end of his tenure at the Commerce Depart- nessman named Tanaka to cover the con- ment. 2 weeks of hearings by the Govern- tribution. This was Gandhi’s first US polit- The Committee learned that while he mental Affairs hearings, and my letter ical contribution and the $325,000 represented served as a relatively low-level political to CNN’s president and Washington Bu- more than half the funds raised by the DNC functionary at the Commerce Department, reau chief. at the Sheraton-Carlton event. Huang made at least 67 visits to the White There being no objection, the mate- (2) Johnny Chung contributed $50,000 to the House, often meeting with senior officials on DNC in March 1996, at a time when he had rial was ordered to be printed in the US trade policy. less than $10,000 in his account. A few days The Committee learned that while he RECORD, as follows: after making the contribution Chung re- worked at the Commerce Department, Huang U.S. SENATE, ceived a $50,000 wire transfer from the Bank routinely and regularly used the office of REPUBLICAN POLICY COMMITTEE, of China. Soon after making the $50,000 con- Stephens Inc., a Little rock-based company Washington, DC, July 22, 1997. tribution from these funds, Chung attended with an office across the street from the Mr. TOM JOHNSON, the President’s weekly radio address with 5 Commerce Department, to send and receive President, CNN, Atlanta, GA. visiting Chinese officials and guests. phone calls, faxes, and packages, which a DEAR MR. JOHNSON: I am disappointed over (3) In 1992 John Huang contributed $50,000 Stephens employee testified no other non- CNN’s unwillingness to provide live, gavel- on behalf of Hip Hing Holdings, a Riady- Stephens employee did. to-gavel coverage of the Senate Govern- owned company in Los Angeles, and sought The Committee learned that Huang had mental Affairs hearings on campaign finance reimbursement for the contribution from over 400 contacts with Lippo bank and Lippo activities. If you had been carrying the hear- Lippo Group in Indonesia. group employees and associates while he ings, your viewers would have been able to The Committee also revealed that Chinese worked at the Commerce Department, was watch the testimony of witnesses who gave arms merchant Wang Jun, son of a promi- receiving classified information, attending compelling evidence of criminal wrongdoing nent Communist official whose arms com- White House briefings, and using the Ste- by foreign donors to the Democratic party pany has been accused of selling cruise mis- phens Inc. office to send and receive mes- during the 1996 elections. The result of such siles to Iran, attended an event with the sages and faxes. testimony even prompted a key Democrat on President after he contributed $50,000 to the The Committee learned that Huang did the committee, Senator Joseph Lieberman of DNC through Ernest Green of Lehman Broth- make personal calls from his Commerce De- Connecticut, to publicly acknowledge that ers. partment phone, indicating that he was not there was a Chinese government plan to in- The Committee learned that Gregory using the Stephens office to avoid using his fluence the elections. Unfortunately, CNN Loutschansky, a former Soviet citizen living official phone for personal matters. viewers were not given the opportunity to in Tel Aviv who is reputed to be an inter- The Committee learned that while he draw their own conclusions. national gun-runner and drug-smuggler, was served at the Commerce Department, Huang Now, I have come to learn that your net- invited by the DNC to an October 1995 dinner made six visits to the Chinese Embassy and work is planning to provide live coverage of with the President, but was denied a visa by had three other contacts with Chinese Em- this week’s scheduled testimony of former the State Department to enter the US. bassy officials, even though he had been Republican National Committee chairman, The Committee learned that Roger ‘‘walled off’’ from anything having to do Haley Barbour. Unlike previous witnesses, Tamraz, a US citizen and major DNC donor, with China. who linked one Democratic fundraiser to was invited by the DNC to meet with the The Committee learned that while he possible charges of espionage and illegal in- Vice President, but the invitation was with- served at the Commerce Department, Huang fluence buying and peddling, Mr. Barbour drawn after the Vice President’s staff ob- may have illegally solicited several large has not been charged with any crime nor has jected because Tamraz had ‘‘a shady reputa- contributions for the DNC, for which his wife he broken any laws. Why does CNN deem Mr. tion.’’ Despite the fact that Tamraz was Jane was listed as the solicitor by the DNC, Barbour’s testimony so important as to deemed unacceptable to meet the Vice Presi- from several individuals. merit live coverage? Is your network ‘‘celeb- dent, the DNC invited Tamraz to four subse- rity watching’’—like ‘‘Entertainment To- quent events with the President. July 22, 1997. night’’? The Committee learned that President Mr. TOM JOHNSON, What can be said about CNN’s decision to Clinton’s friend Charlie Trie made a $50,000 President, CNN, Atlanta, GA. only provide live coverage of Mr. Barbour’s contribution to the DNC in June 1995 and DEAR MR. JOHNSON: I am disappointed over testimony is media bias at best, and tabloid raised large amounts for the Presidential CNN’s unwillingness to provide live, gavel- journalism at worst. Your intensive coverage Legal Expense Trust, even though a financial to-gavel coverage of the Senate Govern- of the O.J. Simpson trial suggests that the disclosure form he filled out after securing a mental Affairs hearings on campaign finance later is more accurate. It’s apparent that presidential appointment showed he earned activities. If you had been carrying the hear- CNN has already decided what the public is only $60,000 that year. ings, your viewers would have been able to

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8089 watch the testimony of witnesses who gave first program started in my home MESSAGES FROM THE PRESIDENT compelling evidence of criminal wrongdoing State of Kentucky. Project Safe Place by foreign donors to the Democratic party Messages from the President of the began in a firehouse in Louisville, KY United States were communicated to during the 1996 elections. The result of such in 1983, providing a safe haven from testimony even prompted a key Democrat on the Senate by Mr. Williams, one of his the committee, Senator Joseph Lieberman of various negative influences such as secretaries. Connecticut, to publicly acknowledge that child abuse, substance abuse, and EXECUTIVE MESSAGES REFERRED there was a Chinese government plan to in- crime. Safe Places put distressed chil- As in executive session the Presiding fluence the elections. Unfortunately, CNN dren and families in touch with the re- Officer laid before the Senate messages viewers were not given the opportunity to sources they need to keep them safe. from the President of the United draw their own conclusions. This assistance often comes in the Now, I have come to learn that your net- States submitting sundry nominations form of counseling and a safe and se- which were referred to the Committee work is planning to provide live coverage of cure place to stay. this week’s scheduled testimony of former on the Judiciary. (The nominations re- Today, the Safe Place Program has Republican National Committee chairman, ceived today are printed at the end of Haley Barbour. Unlike previous witnesses, spread to 34 States across the country. the Senate proceedings.) who linked one Democratic fundraiser to More than 6,000 business locations dis- f possible charges of espionage and illegal in- playing the black and yellow Safe fluence buying and peddling, Mr. Barbour Place sign indicating that those in REPORT OF DRAFT LEGISLATION has not been charged with any crime nor has need can seek help from those inside. ENTITLED ‘‘THE IMMIGRATION he broken any laws. Why does CNN deem Mr. The Safe Place Program exemplifies REFORM TRANSITION ACT OF Barbour’s testimony so important as to the best in our local communities. 1997’’—MESSAGE FROM THE merit live coverage? Is your network ‘‘celeb- Project Safe Place is about community rity watching’’—like ‘‘Entertainment To- PRESIDENT—PM 55 night’’? businesses and volunteers working to- The PRESIDING OFFICER laid be- What can be said about CNN’s decision to gether to help the most vulnerable in fore the Senate the following message only provide live coverage of Mr. Barbour’s our society. It is essential that we from the President of the United testimony is media bias at best, and tabloid bring this valuable program to every States, together with an accompanying journalism at worst. Your intensive coverage community, because those in need feel report; which was referred to the Com- of the O.J. Simpson trial suggests that the more comfortable in turning to re- mittee on the Judiciary. later is more accurate. It’s apparent that sources in their own neighborhoods and CNN has already decided what the public is To the Congress of the United States: interested in watching instead of the public communities. By designating March 15 through I am pleased to submit for your im- making that decision for themselves. mediate consideration and enactment Sincerely, March 21, 1998 as ‘‘National Safe Place the ‘‘Immigration Reform Transition LARRY E. CRAIG, Week,’’ we not only bring public aware- Chairman. ness to this outstanding program, but Act of 1997,’’ which is accompanied by a section-by-section analysis. This leg- f recognize those volunteers and businesses who give so much to make our islative proposal is designed to ensure HONORING THE SUETTERLINS ON communities a truly safe place. I urge that the complete transition to the THEIR 50TH WEDDING ANNIVER- my colleagues to lend their names to new ‘‘cancellation of removal’’ (for- SARY this worthwhile legislation. merly ‘‘suspension of deportation’’) provisions of the Illegal Immigration Mr. ASHCROFT. Mr. President, fami- f lies are the cornerstone of America. Reform and Immigrant Responsibility The data are undeniable: Individuals RETIREMENT OF CAROLE Act of 1996 (IIRIRA; Public Law 104–208) from strong families contribute to the STEVENSON can be accomplished in a fair and equi- society. In an era when nearly half of Mr. FORD. Mr. President, I would table manner consistent with our law all couples married today will see their like to say a few words about a dedi- enforcement needs and foreign policy union dissolve into divorce, I believe it cated Senate employee, Carole Steven- interests. is both instructive and important to son, who is retiring after 30 years of This legislative proposal would aid honor those who have taken the com- Federal service. Carole worked for me the transition to IIRIRA’s new can- mitment of ‘‘till death us do part’’ seri- when I served as chairman of the Rules cellation of removal rules and prevent ously, demonstrating successfully the Committee. She currently works on the unfairness of applying those rules timeless principles of love, honor, and the staff of our colleague, TIM JOHN- to cases pending before April 1, 1997, fidelity. These characteristics make SON. the effective date of the new rules. It our country strong. Carole held a number of jobs as she would also recognize the special cir- For these important reasons, I rise went about acquiring her 30 years of cumstances of certain Central Ameri- today to honor Catherine and Martin service. She worked for Senators cans who entered the United States in Suetterlin of St. Louis County, MO, Capehart and Kefauver in the fifties, the 1980s in response to civil war and who on September 27, 1997, will cele- the Architect of the Capitol and the ex- political persecution. The Nicaraguan brate their 50th wedding anniversary. ecutive branch in the sixties, and the Review Program, under successive Ad- My wife, Janet, and I look forward to Office of Technology Assessment in the ministrations from 1985 to 1995, pro- the day we can celebrate a similar mid-seventies. She even took off a dec- tected roughly 40,000 Nicaraguans from milestone. The Suetterlins’ commit- ade to have and raise a family. deportation while their cases were ment to the principles and values of Carole joined the staff of the Senate under review. During this time the their marriage deserves to be saluted Rules Committee in 1977 and stayed for American Baptist Churches v. and recognized. 20 years. She held a variety of jobs, Thornburgh (ABC) litigation resulted in f moving from front office receptionist, a 1990 court settlement, which pro- to room reservationist, to secretary tected roughly 190,000 Salvadorans and NATIONAL SAFE PLACE WEEK and staff assistant in the Technical 50,000 Guatemalans. Other Central Mr. FORD. Mr. President, I rise Services section of the Rules Com- Americans have been unable to obtain today in support of a Senate resolution mittee. a decision on their asylum applications submitted by the distinguished Senator To put it simply, Carole was a hard for many years. Absent this legislative from Idaho. Senate Resolution 96 spon- worker who took pride in her work. proposal, many of these individuals sored by Senator LARRY CRAIG would She always wanted to do a good job for would be denied protection from depor- designate the week of March 15 her employer, and she did. She loves tation under IIRIRA’s new cancellation through March 21, 1998 as ‘‘National the Senate, so she did her best. of removal rules. Such a result would Safe Place Week.’’ I want to personally thank Carole for unduly harm stable families and com- Project Safe Place is a creative ap- her service to the Senate. Her many munities here in the United States and proach to serving youth and families in friends in this great institution will undermine our strong interests in fa- crisis. I am particularly pleased to co- miss her. All of us wish her well in her cilitating the development of peace and sponsor this resolution on behalf of the retirement. democracy in Central America.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8090 CONGRESSIONAL RECORD — SENATE July 24, 1997 This legislative proposal would delay MEASURE PLACED ON THE lated agencies for the fiscal year ending Sep- the effect of IIRIRA’s new provisions so CALENDAR tember 30, 1998, and for other purposes (Rept. that immigration cases pending before No. 105–58). The following measure was read the By Mr. CHAFEE, from the Committee on April 1, 1997, will continue to be consid- first and second times by unanimous Environment and Public Works, without ered and decided under the old suspen- consent and placed on the calendar: amendment: sion of deportation rules as they ex- S. 1000. A bill to designate the United H.R. 2169. An act making appropriations States courthouse at 500 State Avenue in isted prior to that date. IIRIRA’S new for the Department of Transportation and Kansas City, Kansas, as the ‘‘Robert J. Dole cancellation of removal rules would related agencies for the fiscal year ending United States Courthouse’’. generally apply to cases commenced on September 30, 1998, and for other purposes. S. 1043. A bill to designate the United or after April 1, 1997. This proposal dic- f States courthouse under construction at the tates no particular outcome of any EXECUTIVE AND OTHER corner of Las Vegas Boulevard and Clark Av- case. Every application for suspension enue in Las Vegas, Nevada, as the ‘‘Lloyd D. of deportation or cancellation of re- COMMUNICATIONS George United States Courthouse’’. moval must still be considered on a The following communications were f case-by-case basis. The proposal simply laid before the Senate, together with restores a fair opportunity to those accompanying papers, reports, and doc- EXECUTIVE REPORTS OF whose cases have long been in the sys- uments, which were referred as indi- COMMITTEES tem or have other demonstrable equi- cated: The following executive reports of ties. EC–2591. A communication from the Assist- committees were submitted on July 23, In addition to continuing to apply ant Secretary of the Treasury (Legislative 1997: the old standards to old cases, this leg- Affairs and Public Liaison), transmitting, By Mr. THURMOND, from the Committee islative proposal would exempt such pursuant to law, the report of the Chairman on Armed Services: cases from IIRIRA’s annual cap of 4,000 of the National Advisory Council on Inter- The following-named officer for appointment in the U.S. Army to the grade indi- cancellations of removal. It would also national Monetary and Financial Policies for fiscal year 1992; to the Committee on Foreign cated while assigned to a position of impor- exempt from the cap cases of battered Relations. tance and responsibility under title 10, spouses and children who otherwise re- EC–2592. A communication from the Dep- United States Code, section 601: ceive such cancellation. uty Executive Director and Chief Operating To be lieutenant general The proposal also guarantees that Officer of the Pension Guaranty Corporation, Lt. Gen. John N. Abrams, 0000. the cancellation of removal pro- transmitting, pursuant to law, a rule enti- Maj. Gen. Roger G. Thompson, Jr., 0000. ceedings of certain individuals covered tled ‘‘Disclosure of Premium-Related Infor- Maj. Gen. Michael S. Davison, Jr., 0000. by the 1990 ABC litigation settlement mation’’ (RIN1212–AA66) received on July 22, The following-named officers for appoint- and certain other Central Americans 1997; to the Committee on Labor and Human ment in the Reserve of the Navy to the grade Resources. with long-pending asylum claims will indicated under title 10, United States Code, EC–2593. A communication from the Direc- section 12203: be governed by the pre-IIRIRA sub- tor of the Office of Congressional Affairs, stantive standard of 7 years continuous U.S. Nuclear, transmitting, pursuant to law, To be rear admiral physical presence and extreme hard- a rule received on July 21, 1997; to the Com- Rear Adm. (lh) Thomas J. Hill, 0000. ship. It would further exempt those mittee on Environment and Public Works. Rear Adm. (lh) Douglas L. Johnson, 0000. same individuals from IIRIRA’s cap. EC–2594. A communication from the Direc- Rear Adm. (lh) Jan H. Nyboer, 0000. Rear Adm. (lh) Paul V. Quinn, 0000. Finally, individuals affected by the leg- tor of the Office of Regulatory Management islation whose time has lapsed for re- and Information, U.S. Environmental Pro- The following-named officers for appoint- tection Agency, transmitting, pursuant to ment in the U.S. Navy to the grade indicated opening their cases following a re- law, eleven rules received on July 22, 1997; to under title 10, United States Code, section moval order would be granted 180 days the Committee on Environment and Public 624: in which to do so. Works. To be rear admiral My Administration is committed to EC–2595. A communication from the Presi- Rear Adm. (lh) John A. Gauss, 0000. dent and Chairman of the Export-Import working with the Congress to enact The following Air Force National Guard of Bank of the United States, transmitting, this legislation. If, however, we are un- the United States officer for appointment in pursuant to law, a report relative to a trans- successful in this goal, I am prepared the Reserve of the Air Force, to the grade in- action involving exports to Brazil; to the to examine any available administra- dicated, under title 10, United States Code, Committee on Banking, Housing, and Urban section 12203: tive options for granting relief to this Affairs. class of immigrants. These options EC–2596. A communication from the Chair- To be brigadier general could include a grant of Deferred En- man of the Board of Governors of the Federal Col. Tommy L. Daniels, 0000. forced Departure for certain classes of Reserve System, transmitting, pursuant to The following-named officer for appoint- individuals who would qualify for relief law, a report under the Full Employment ment in the U.S. Air Force to the grade indi- from deportation under this legislative and Balanced Growth Act of 1978; to the cated while assigned to a position of impor- proposal. Prompt legislative action on Committee on Banking, Housing, and Urban tance and responsibility under title 10, my proposal would ensure a smooth Affairs. United States Code, section 601: EC–2597. A communication from the Sec- To be lieutenant general transition to the full implementation retary of the U.S. Securities and Exchange Maj. Gen. William J. Begert, 0000. of IIRIRA and prevent harsh and avoid- Commission, transmitting, pursuant to law, Maj. Gen. Lance W. Lord, 0000. able results. a rule entitled ‘‘Phase Two Recommenda- I urge the Congress to give this legis- tions of Task Force on Disclosure Sim- The following-named officers for appoint- lative proposal prompt and favorable plification’’ (RIN3235–AG80, 33–7431) received ment as the Judge Advocate General* and the Assistant Judge Advocate General**, consideration. on July 21, 1997; to the Committee on Bank- ing, Housing, and Urban Affairs. U.S. Army and for appointment to the grade WILLIAM J. CLINTON. indicated under title 10, United States Code, THE WHITE HOUSE, July 24, 1997. f section 3037: REPORTS OF COMMITTEES To be major general f The following reports of committees Brig. Gen. Walter B. Huffman, 0000*. MESSAGES FROM THE HOUSE were submitted: Brig. Gen. John D. Altenburg, Jr., 0000**. The following-named officer for appoint- At 2:01 p.m., a message from the By Mr. STEVENS, from the Committee on ment in the U.S. Army to the grade indi- House of Representatives, delivered by Appropriations: cated while assigned to a position of impor- Mr. Hays, one of its reading clerks, an- Special report entitled ‘‘Further Revised tance and responsibility under title 10, nounced that the House has passed the Allocation to Subcommittees of Budget To- United States Code, section 601: tals from the Concurrent Resolution for Fis- following bill, in which it requests the cal Year 1998’’ (Rept. No. 105–57) To be lieutenant general concurrence of the Senate: By Mr. SPECTER, from the Committee on Maj. Gen. Montgomery C. Meigs, 0000. H.R. 2169. An act making appropriations Appropriations, without amendment: The following-named officers for appoint- for the Department of Transportation and S. 1061. An original bill making appropria- ment in the Regular Army to the grade indi- related agencies for the fiscal year ending tions for the Departments of Labor, Health cated under title 10, United States Code, sec- September 30, 1998, and for other purposes. and Human Services, and Education, and re- tion 624:

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8091 To be brigadier general (The above nominations were re- STATEMENTS ON INTRODUCED Col. Edwin J. Arnold, Jr., 0000. ported with the recommendation that BILLS AND JOINT RESOLUTIONS Col. John R. Batiste, 0000. they be confirmed.) By Mr. D’AMATO (for himself Col. Buford C. Blount, III, 0000. and Mr. SARBANES): Col. Steven W. Boutelle, 0000. f Col. John S. Brown, 0000. S. 1062. A bill to authorize the Presi- Col. Edward T. Buckley, Jr., 0000. dent to award a gold medal on behalf of Col. Eddie Cain, 0000. INTRODUCTION OF BILLS AND the Congress to Ecumenical Patriarch Col. Kevin T. Campbell, 0000. JOINT RESOLUTIONS Bartholomew in recognition of his out- Col. Jonathan H. Cofer, 0000. The following bills and joint resolu- standing and enduring contributions Col. Bantz J. Craddock, 0000. toward religious understanding and Col. Keith W. Dayton, 0000. tions were introduced, read the first and second time by unanimous con- peace, and for other purposes; to the Col. Barbara Doornink, 0000. Committee on Banking, Housing, and Col. Paul D. Eaton, 0000. sent, and referred as indicated: Urban Affairs. Col. Jeanette K. Edmunds, 0000. By Mr. SPECTER: Col. Karl W. Eikenberry, 0000. S. 1061. An original bill making appropria- CONGRESSIONAL GOLD MEDAL FOR ECUMENICAL Col. Dean R. Ertwine, 0000. tions for the Departments of Labor, Health PATRIARCH BARTHOLOMEW Col. Steven W. Flohr, 0000. and Human Services, and Education, and re- Mr. D’AMATO. Mr. President, today I Col. Nicholas P. Grant, 0000. lated agencies for the fiscal year ending Sep- join my friend and colleague from the Col. Stanley E. Green, 0000. tember 30, 1998, and for other purposes; from Banking Committee, Senator SAR- Col. Craig D. Hackett, 0000. the Committee on Appropriations; placed on BANES, to offer a bill that would au- Col. Franklin L. Hagenbeck, 0000. the calendar. thorize a congressional gold medal in Col. Hubert L. Hartsell, 0000. By Mr. D’AMATO (for himself and Mr. recognition of the tremendous leader- Col. George A. Higgins, 0000. SARBANES): Col. James C. Hylton, 0000. S. 1062. A bill to authorize the President to ship role—in interfaith relations, inter- Col. Gene M. LaCoste, 0000. award a gold medal on behalf of the Congress national affairs, the promotion of glob- Col. Michael D. Maples, 0000. to Ecumenical Patriarch Bartholomew in al environmental protection, and the Col. Philip M. Mattox, 0000. recognition of his outstanding and enduring defense of human rights worldwide—of Col. Dee A. McWilliams, 0000. contributions toward religious under- his all holiness Ecumenical Patriarch Col. Thomas F. Metz, 0000. standing and peace, and for other purposes; Bartholomew of Constantinople. Col. Daniel G. Mongeon, 0000. to the Committee on Banking, Housing, and In addition, we are submitting a con- Col. William E. Mortensen, 0000. Urban Affairs. current resolution providing for the Col. Raymond T. Odierno, 0000. By Mr. ROCKEFELLER: use of the rotunda of the Capitol for a Col. Eric T. Olson, 0000. S. 1063. A bill to suspend temporarily the Col. James W. Parker, 0000. duty on KN001 (a hydrochloride); to the Com- ceremony honoring Patriarch Bar- Col. Ricardo S. Sanchez, 0000. mittee on Finance. tholomew on his visit to the United Col. John R. Schmader, 0000. By Mr. MURKOWSKI (for himself and States in late October of this year. Col. Gary D. Speer, 0000. Mr. STEVENS): The Ecumenical Patriarch Bar- Col. Mitchell H. Stevenson, 0000. S. 1064. A bill to amend the Alaska Na- tholomew is the 270th successor of the Col. Carl A. Strock, 0000. tional Interest Lands Conservation Act to nearly 2,000 year old Orthodox Chris- Col. Charles H. Swannack, Jr., 0000. more effectively manage visitor service and tian Church founded in 36 A.D. Col. Hugh B. Tant, III, 0000. fishing activity in Glacier Bay National As the spiritual leader of the Ortho- Col. Terry L. Tucker, 0000. Park, and for other purposes; to the Com- dox Christian Church, Patriarch Bar- Col. William G. Webster, Jr., 0000. mittee on Energy and Natural Resources. tholomew is the voice for nearly 300 Col. John R. Wood, 0000. By Mr. SPECTER: million followers around the world—5 (The above nominations were re- S. 1065. A bill to amend the Ethics in Gov- million of which live in the United ported with the recommendation that ernment Act with respect to the appoint- States and are of Greek, Russian, they be confirmed.) ment of an independent counsel; read the The following executive reports of first time. Ukrainian, and Serbian descent. The By Mr. WELLSTONE (for himself, Mr. contributions of these Americans to committees were submitted on July 24, GRASSLEY, Mr. KERREY, Mr. JOHNSON, 1997: our history and culture exemplify the Mr. DASCHLE, and Mr. CONRAD): values, ideals, and dreams of this great By Mr. THURMOND, from the Committee S. 1066. A bill to amend the Internal Rev- Nation. on Armed Services: enue Code of 1986 to allow the alcohol fuels John J. Hamre, of South Dakota, to be credit to be allocated to patrons of a cooper- A champion of religious unity and co- Deputy Secretay of Defense. ative in certain cases; to the Committee on operation, Patriarch Bartholomew is (The above nomination was reported Finance. working to promote interfaith dialog with the recommendation that he be By Mr. KERRY (for himself, Mr. DOR- between the Orthodox Church and the confirmed, subject to the nominee’s GAN, Mr. FEINGOLD, Mr. LEAHY, Ms. Roman Catholic Church, leading MOSELEY-BRAUN, Mr. WELLSTONE, Ms. commitment to respond to requests to Protestant denominations, Muslim LANDRIEU, Mr. KENNEDY, and Mr. leaders, and various faiths of America’s appear and testify before any duly con- HARKIN): stituted committee of the Senate.) multiethnic diversity. S. 1067. A bill to prohibit United States Patriarch Bartholomew has also By Mr. CHAFEE, from the Committee on military assistance and arms transfers to Environment and Public Works: foreign governments that are undemocratic, sought to strengthen the bonds be- Jamie Rappaport Clark, of Maryland, to be do not adequately protect human rights, are tween Judaism and Orthodox Christi- Director of the United States Fish and Wild- engaged in acts of armed aggression, or are anity. In 1994, he worked side by side life Service. not fully participating in the United Nations with Rabbi David Schneier and the Ap- (The above nomination was reported Register of Conventional Arms; to the Com- peal of Conscience Foundation to co- with the recommendation that he be mittee on Foreign Relations. sponsor the Peace and Tolerance Con- confirmed, subject to the nominee’s ference, bringing together Christians, commitment to respond to requests to f Jews, and Muslims for human and reli- appear and testify before any duly con- gious freedom. stituted committee of the Senate. SUBMISSION OF CONCURRENT AND As a citizen of Turkey, Patriarch By Mr. HATCH, from the Committee on SENATE RESOLUTIONS Bartholomew is deeply concerned about the need to sustain the cause of the Judiciary: The following concurrent resolutions peace. He has been a dynamic leader in Richrd Thomas White, of Michigan, to be a and Senate resolutions were read, and member of the Foreign Claims Settlement efforts to ease Greek-Turkish tensions referred (or acted upon), as indicated: Commission of the United States for a term and to promote international coopera- expiring September 30, 1999. By Mr. D’AMATO (for himself and Mr. tion, adherence to international law, SARBANES): Calvin D. Buchanan, of Mississippi, to be and respect for the human rights of U.S. attorney for the Northern District of S. Con. Res. 42. Concurrent resolution to Mississippi for the term of 4 years. authorize the use of the rotunda of the Cap- victims of aggression. Thomas E. Scott, of Florida, to be U.S. at- itol for a congressional ceremony honoring The impact of Patriarch Bartholo- torney for the Southern District of Florida Ecumenical Patriarch Bartholomew; to the mew’s compassion is far-reaching. In for the term of 4 years. Committee on Rules and Administration. the war-torn countries of the Balkans,

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8092 CONGRESSIONAL RECORD — SENATE July 24, 1997 Patriarch Bartholomew has helped to formally recognized and honored by numer- As spiritual head of world Orthodoxy, advance reconciliation among Catho- ous governmental academic, and other insti- Patriarch Bartholomew has been a lic, Muslim, and Orthodox commu- tutions around the world. leader in the quest for peace through- nities. SEC. 2. CONGRESSIONAL GOLD MEDAL. out the world, particularly in Eastern Mr. President, Patriarch Bar- (a) PRESENTATION AUTHORIZED.—The Presi- dent is authorized to present, on behalf of Europe, the Balkans, and the Middle tholomew also cares very deeply for the Congress, a gold medal of appropriate de- East. He has vigorously spoken out the environmental legacy we will one sign to Ecumenical Patriarch Bartholomew. against extremists and those who day leave to our children. Together in recognition of his outstanding and endur- would use violence to achieve their with global leaders, he convened an ing contributions to religious understanding ends and has counseled respect for all international environmental sympo- and peace. peoples, irrespective of their nation- sium emphasizing the health and well- (b) DESIGN AND STRIKING.—For the purpose ality and religion; his ministry has of the presentation referred to in subsection being of the world’s oceans. The Patri- (a), the Secretary of the Treasury (hereafter been a call to our best virtues. arch is also a cosponsor of an annual in this Act referred to as the ‘‘Secretary’’) From his historical seat in Istanbul, conference addressing the protection of shall strike a gold medal with suitable em- Turkey, Patriarch Bartholomew has our global environment. blems, devices, and inscriptions, to be deter- served as a mediator between East and Born in Turkey in 1940, Patriarch mined by the Secretary. West, Christians and Muslims, and as a Bartholomew has selflessly dedicated SEC. 3. DUPLICATE MEDALS. force for openness and tolerance in the his life to religious service. He is a The Secretary may strike and sell dupli- newly emerging independent countries cates in bronze of the gold medal struck pur- graduate of the renowned Theological of Eastern Europe. School of Halki, which was forced to suant to section 2 under such regulations as the Secretary may prescribe, and at a price As he pursues the goal of peace, Pa- close by the Turkish Government in sufficient to cover the costs thereof, includ- triarch Bartholomew is equally vig- 1971. This school must re-open as a ing labor, materials, dies, use of machinery, orous in his desire to preserve and pro- basic matter of religious freedom. overhead expenses, and the cost of the gold mote the earth’s environment as a re- Patriarch Bartholomew has also re- medal. flection of God’s creation. Working ceived numerous honorary doctorates SEC. 4. NATIONAL MEDALS. with the European Commission, the The medals struck pursuant to this Act are and academic honors from institutes Worldwide Fund for Nature, and his and universities all across the globe. national medals for purposes of chapter 51 of title 31, United States Code. Royal Highness Prince Philip, he has Mr. President, in October of this cosponsored significant international year, Patriarch Bartholomew will visit SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. conferences on the environment, in- the United States to offer his spiritual (a) AUTHORIZATION OF APPROPRIATIONS.— cluding one scheduled for this fall on message of unity, compassion, and There is hereby authorized to be charged the future ecological health of the brotherhood. It is our belief that Con- against the Numismatic Public Enterprise Black Sea. gress honor the work of this great lead- Fund an amount not to exceed $30,000 to pay I believe it is most fitting that the er in recognition of his outstanding for the cost of the medal authorized by this visit and the accomplishments of Pa- and enduring contributions to: the Act. (b) PROCEEDS OF SALE.—Amounts received triarch Bartholomew should be recog- freedom of the world’s religions, world from the sales of duplicate bronze medals nized and honored by this gold medal peace, conflict resolution and the rule under section 3 shall be deposited in the Nu- as it will reflect the appreciation of the of law, global environmental protec- mismatic Public Enterprise Fund. American people for his ministry of tion, the betterment of humankind, Mr. SARBANES. Mr. President, I am peace and reconciliation. and the protection of dignity and pleased to join Senator D’AMATO, I am also pleased to join Senator human rights of every man, woman, chairman of the Senate Committee on D’AMATO in submitting a concurrent and child. Banking, Housing, and Urban Affairs, resolution providing for the use of the Therefore, Mr. President, it is fitting in introducing legislation awarding the and appropriate that this body bestow rotunda for a ceremony honoring Pa- congressional gold medal to Ecumeni- triarch Bartholomew. the congressional gold medal upon a vi- cal Patriarch Bartholomew, the spir- sionary for our times, his all holiness itual leader of approximately 300 mil- By Mr. ROCKEFELLER: Ecumenical Patriarch Bartholomew. lion Orthodox Christians worldwide. S. 1063. A bill to suspend temporarily Mr. President, I ask unanimous con- The occasion of this legislation is to sent that the text of the bill be printed the duty on KN001 (a hydrochloride); to honor Patriarch Bartholomew’s first the Committee on Finance. in the RECORD. visit to the United States as Patriarch There being no objection, the bill was and to recognize his outstanding con- TEMPORARY DUTY SUSPENSION ordered to be printed in the RECORD, as tributions to world peace and under- Mr. ROCKEFELLER. Mr. President, follows: standing during his tenure as head of today I am introducing a duty suspen- S. 1062 this ancient branch of Christianity. As sion bill that will not only benefit the Be it enacted by the Senate and House of Rep- a Greek-Orthodox American and mem- chemical workers in my state of West resentatives of the United States of America in ber of the Greek Orthodox Cathedral of Virginia, but also will enable U.S. Congress assembled, the Annunciation in Baltimore, I am farmers to grow more crops at lower SECTION 1. FINDINGS. particularly gratified to join in this cost and protect the environment at The Congress finds that— tribute. the same time. (1) Ecumenical Patriarch Bartholomew— This legislation will suspend the U.S. (A) is the spiritual leader of nearly 300 mil- During his American visit, which will lion Orthodox Christians around the world take place from October 19 through No- duty on a hydrochloride known by its and millions of Orthodox Christians in Amer- vember 17, 1997, Patriarch Bar- code name of KN001. This substance is ica; and tholomew will meet with thousands of a key raw material in a new, environ- (B) is recognized in the United States and Orthodox faithful and will take the op- mentally safe family of agricultural abroad as a leader in the quest for world portunity to convey his message of rec- chemicals invented by DuPont in the peace, respect for the earth’s environment, onciliation to Americans of all back- 1980’s. These new agricultural chemi- and greater religious understanding; grounds and beliefs. His All Holiness cals, called sulfonylureas, are used in the extraordinary efforts of Ecumenical Patriarch Bartholomew continue to bring has been a leader in ecumenical under- extremely small amounts by farmers to people of all faiths closer together in Amer- standing and has convened important control weed growth in their fields ica and around the world; meetings which have brought together without harming the crops that the (3) the courageous leadership of Ecumeni- participants of all religious back- farmers are trying to grow. By sup- cal Patriarch Bartholomew for peace in the grounds. In 1994, in cooperation with pressing weed growth, these chemicals Balkans, Eastern Europe, the Middle East, Rabbi David Schneier and the Appeal make sure that all of the available soil the Eastern Mediterranean, and elsewhere of Conscience Foundation, he cospon- nutrients and moisture go into growing inspires and encourages people of all faiths toward his dream of world peace in the new sored a peace and tolerance Conference the crops instead of growing weeds. Be- millennium; and in Istanbul where Christians, Jews, and cause sulfonylureas operate on plant (4) the outstanding accomplishments of Ec- Muslims joined together to discuss im- enzymes, they do not affect insects or umenical Patriarch Bartholomew have been portant and pressing issues. animals, and because they biodegrade

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8093 rapidly, they are among the most envi- On top of all that, I’ve been told that ate will look favorably on this modest ronmentally friendly crop protection this duty suspension is unlikely to re- measure at the appropriate time. chemicals in use today. sult in any substantial revenue loss to Mr. President, I ask unanimous con- An additional benefit of suspending the U.S. Treasury. Because it is used in sent that the full text of this bill be the duty on KN001 is the effect it will the manufacture of new products, U.S. printed in the RECORD. have on jobs in my home state of West imports of this chemical are very There being no objection, the bill was Virginia. DuPont is in the process of small, and the resulting duty is also ordered to be printed in the RECORD, as constructing a $20 million revitaliza- small. Equally important is the fact follows: tion project at their plant in Belle, that this substance is not manufac- S. 1063 West Virginia, and KN001 is the corner- tured in the United States by another Be it enacted by the Senate and House of Rep- stone of that project. The new invest- company, so no U.S. producer should be resentatives of the United States of America in ment will enable the production at disadvantaged by the duty suspension. Congress assembled, Belle of a new sulfonylurea product It’s rare that we get a chance to sup- SECTION 1. TEMPORARY SUSPENSION OF DUTY. family that uses KN001 as a feedstock. port legislation that benefits workers, (a) IN GENERAL.—Subchapter II of Chapter This revitalization project will pre- farmers, and the environment at vir- 99 of the Harmonized Tariff Schedule of the serve 50 existing jobs at Belle and cre- tually no cost to the Treasury. This is United States is amended by inserting in nu- ate over a dozen new jobs. one of those times, and I hope the Sen- merical sequence the following new heading:

‘‘9902.30.41 2-4-dichlon-5-hydrozyhydrazine hydrochloride (CAS No. 189573–21–5) (provided for in subheading 2928.00.25) ...... Free No change No change On or before 12/31/98’’. (b) EFFECTIVE DATE.—The amendment park or a monument, and the fact that nothing in this bill, and there is no de- made by this section applies with respect to we value it so highly today is proof sire by the fishing industry, to change goods entered, or withdrawn from warehouse that they have not had an adverse im- these controls or increase the level of for consumption, on or after the 15th day pact on the species of the bay. after the date of enactment of this Act. this sustainable activity. Closely mon- Unfortunately, some interests don’t itored by the State of Alaska, which By Mr. MURKOWSKI (for himself care about fairness, and would like to has proven itself a reliable custodian of see fishing and gathering banned no and Mr. STEVENS): the fisheries resources, commercial matter how environmentally benign or S. 1064. A bill to amend the Alaska fishing does not harm the environment National Interest Lands Conservation how critical to local livelihoods. in any way. Act to more effectively manage visitor On subsistence, this bill corrects in- service and fishing activity in Glacier consistencies in the Alaska National Mr. President, in the grand scheme of Bay National Park, and for other pur- Interest Lands Conservation Act this Nation’s economy, these fisheries poses; to the Committee on Energy and [ANILCA] concerning subsistence fish- are small potatoes. But to the fisher- Natural Resources. ing and gathering in Glacier Bay Na- men who depend upon them, to their THE GLACIER BAY MANAGEMENT AND tional Park. Villagers living near Gla- families, and to the small, remote com- PROTECTION ACT OF 1997 cier Bay, whose ancestors have used munities in which they live, these fish- the bay continually for the last 9,000 Mr. MURKOWSKI. Mr. President, I eries are of utmost importance. They years, must be allowed to use the bay’s rise today to introduce legislation ad- are harm-free, and those who partici- dressing several important aspects of resources to feed their families —to pate in them deserve their govern- the administration and management of fish for halibut, salmon, and crabs, and ment’s help, not the destruction of Glacier Bay National Park, one of the to collect clams, seaweeds, berries, and most popular and unique tourist des- other foods that are traditional in their simple lifestyle. tinations in the country. their culture. This bill authorizes fishing through- This bill will encourage the continu- Let me emphasize that we are talk- out the park. However, because there ation of the Park Service’s ongoing ef- ing about a relative handful of families are special sensitivities inside Glacier from the local Native village of forts to work with concession opera- Bay itself, it also designates the waters Hoonah, which has a population of less tors to improve visitor services, as well inside the bay—as opposed to the outer as deal fairly and finally with a long- than 900, and a few people from other coast—as a special scientific reserve, standing dispute over the status of nearby communities such as Elfin for which a joint Federal-State group commercial and subsistence fishing. Cove, Gustavus, and Pelican. We are On the latter subject, this bill re- not talking about thousands of people. of scientists will make recommenda- flects the progress of several years of These Alaskans do not have convenient tions on where fishing should or should discussions with local interests and the supermarkets. They deserve respect— not occur, and at what level. Park Service. These efforts have been they deserve to have their historic use A further special provision is also in- recognized and provided for by this positive, but have been hampered from cluded in the one area where there is a Congress. achieving consensus by some groups’ significant potential for conflict be- unwillingness to compromise. Insofar My bill also addresses commercial tween fishermen and certain non- as possible, this bill represents an at- fishing in the park. For generations, tempt to stake out reasonable and re- commercial fishermen have caught motorized uses such as kayaking. This sponsible middle ground that respects salmon, halibut, and crabs in Glacier area is the Beardlee Islands, near the the wishes of all concerned. Bay and have fished the rich grounds of entrance to the bay. Under this bill, Mr. President, commercial fishermen the outside coast. the only commercial fishing that would have plied the waters of Glacier Bay There is no biological reason for re- be allowed in the Beardslees would be and the outer coast of the area now in- stricting commercial fishing activity crab fishing, and that only by the very cluded in the park for over 100 years. anywhere in the park. The fishery re- small number of people—perhaps half a local native villagers, the Huna Tlingit sources are healthy, diverse, closely dozen—that can show both a signifi- people, have done so for thousands of monitored, and carefully regulated. It cant history of participation and sig- years. At no time have these activities should also be noted that of the park’s nificant dependence on that fishery for damaged the park or its resources, nor approximately 3 million acres of ma- their livelihoods. This privilege could have they harmed the area’s wild and rine waters, only about 500,000 are pro- be transferred to one successor when scenic qualities in any way. ductive enough to warrant significant This simple fact cannot be over- interest. the original fisherman retires, but will emphasized. To put it another way— These fisheries already are restricted cease after that. And at any point, the commercial fishermen and local vil- as to method and number of partici- Park Service could eliminate all fish- lagers have continually fished in Gla- pants, and are carefully managed to ening in the Beardslees with a fair pay- cier Bay since long before it became a sure continued abundance. There is ment to the individual fishermen. The

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8094 CONGRESSIONAL RECORD — SENATE July 24, 1997 reason for such a special rule in the cier Bay has widespread support among local Park as having an adverse impact on the Beardslees is simply that these fisher- residents and Glacier Bay users, including users’ enjoyment of the Park; and men have no other option than fishing the environmental community and operators ‘‘(B) the extent to which the expectations in the Beardslees, due to the size of of back-country kayak tours. of the users for the Park are being satisfied. SEC. 3. INFRASTRUCTURE IMPROVEMENT. ‘‘(2) RESULTS.—Not later than December 31 their vessels, their reliance on this one Section 1306 of the Alaska National Inter- of the calendar year in which the survey is fishery, and other factors. est Lands Conservation Act (16 U.S.C. 3196) is conducted pursuant to the plan submitted This bill will not contribute to any amended by adding at the end the following: under paragraph (1), the Secretary shall re- increase in fishing pressure; in fact, ‘‘(c) GLACIER BAY PARK.— port to the Committee on Energy and Nat- over time the opposite may occur. It ‘‘(1) GLACIER BAY LODGE.— ural Resources of the Senate and the Com- will simply provide for the scientif- ‘‘(A) COOPERATIVE AGREEMENT.—The Sec- mittee on Resources of the House of Rep- ically sound continuation of an envi- retary may enter into a cooperative agree- resentatives the results of the survey and ment, partnership, or other contractual rela- any recommendations the Secretary con- ronmentally benign activity. tionship with the operator of Glacier Bay siders necessary to reconcile competing uses In closing, Mr. President, let me add Lodge in Bartlett Cove for the purpose of of the Park or satisfy visitor access needs of that the continuation of both subsist- making improvements to the Lodge and re- the Park.’’. ence and commercial fishing enjoys lated visitor facilities. SEC. 6. FISHING. wide support from local residents, in- ‘‘(B) SCOPE OF WORK.—Improvements to the Section 1314 of the Alaska National Inter- cluding environmental groups such as physical plant and infrastructure under sub- est Lands Conservation Act (16 U.S.C. 3202) is the Southeast Alaska Conservation paragraph (A) may include— amended by adding at the end the following: Council. ‘‘(i) expansion of the overnight lodging, ‘‘(d) FISHING IN GLACIER BAY NATIONAL I ask unanimous consent that the meeting space, and food service capacity of PARK.— the Lodge; ‘‘(1) DEFINITIONS.—In this subsection: text of the bill be printed in the ‘‘(ii) improvement of visitor access, includ- ‘‘(A) COUNCIL.—The term ‘Council’ means RECORD and look forward to my col- ing boat landing facilities, paths, walkways, the Glacier Bay Fishery Science Advisory leagues’ support for this measure. and vehicular access routes; Council established by paragraph (6). There being no objection, the bill was ‘‘(iii) construction of a visitor information ‘‘(B) EXTERIOR WATERS OF THE PARK.—The ordered to be printed in the RECORD, as center and an Alaska Native cultural center; term ‘exterior waters of the Park’ means the follows: ‘‘(iv) construction of research and mainte- marine waters in the Park but outside Gla- cier Bay proper. S. 1064 nance facilities necessary to support Glacier Bay National Park and Glacier Bay Lodge ‘‘(C) GLACIER BAY PROPER.—The term ‘Gla- Be it enacted by the Senate and House of Rep- activities; cier Bay proper’ means the waters of Glacier resentatives of the United States of America in ‘‘(v) construction or alteration of staff Bay, including coves and inlets, north of a Congress assembled, housing; and line drawn from Point Gustavus to Point SECTION 1. SHORT TITLE. ‘‘(vi) correction of deficiencies that may Carolus. This Act may be cited as the ‘‘Glacier Bay impair compliance with Federal or State ‘‘(D) PARK.—The term ‘Park’ means Gla- Management and Protection Act of 1997’’. construction, safety, or access requirements. cier Bay National Park. SEC. 2. FINDINGS. ‘‘(2) ALTERATION OF PARK HEADQUARTERS.— ‘‘(E) RESERVE.—The term ‘Reserve’ means Congress finds that— Before entering into a cooperative agree- the Glacier Bay Marine Fisheries Reserve (1) the geographical area comprising Gla- ment or contract for alteration or expansion designated by paragraph (4). cier Bay National Park has been recognized of National Park Service facilities in or near ‘‘(F) RESIDENT POPULATION.—The term as having important national significance Gustavus, Alaska, the Secretary shall pro- ‘resident population’ means a discrete popu- since the creation of Glacier Bay National vide to the Committee on Energy and Nat- lation of fish or shellfish that— Monument by Presidential proclamation on ural Resources of the Senate and the Com- ‘‘(i) spawns in the Park; February 26, 1925, and the subsequent Presi- mittee on Resources of the House of Rep- ‘‘(ii) is comprised of individual fish or dential proclamation expanding the monu- resentatives a report that includes a cost- shellfish the majority of which spend the ment on April 18, 1939; benefit analysis of the alteration or expan- greater part of their life cycle in the Park; (2) in 1980, Congress enlarged and redesig- sion, including an examination of other rea- or nated the monument as Glacier Bay Na- sonable alternatives to achieve the desired ‘‘(iii) is demonstrated to be reliant on tional Park; level of service.’’. unique features of the Park for the survival (3) the Park provides valuable opportuni- SEC. 4. SMALL PASSENGER VESSELS. of the population. ties for the scientific study of marine and Section 1307 of the Alaska National Inter- ‘‘(2) SUBSISTENCE USE.— terrestrial resources in various stages of a est Lands Conservation Act (16 U.S.C. 3197) is ‘‘(A) IN GENERAL.—Subject to subparagraph postglaciation period; amended by adding at the end the following: (B), subsistence fishing and gathering by a (4) the Park is a popular tourist destina- ‘‘(d) GLACIER BAY PASSENGER VESSELS. local resident of the Park, including a resi- tion for cruise ship and tour boat passengers, ‘‘(1) IN GENERAL.—Not later than 9 months dent of Hoonah, shall be allowed in the Park recreational boaters, fishermen, back-coun- after the date of enactment of this sub- in accordance with title VIII. try kayakers, hikers, and other users; section, the Secretary shall promulgate reg- ‘‘(B) PERMANENT STRUCTURES.—No perma- (5) improvements to the Park’s infrastruc- ulations to increase the number of Glacier nent structure associated with subsistence ture and an increase in small passenger ves- Bay entry permits available to tour boats fishing or gathering, including a set net site, sel capacity within the Park are needed to during June, July, and August to a level con- fish camp, cabin, or other related structure, provide for increased enjoyment by visitors sistent with the demand for the entries. may be constructed in the Park. to the Park and more efficient management ‘‘(2) TRANSIT SEPARATE FROM TOUR BOATS.— ‘‘(3) COMMERCIAL FISHING GENERALLY.— of Park activities; Increases in tour boat entry permits for Gla- ‘‘(A) ALLOWED COMMERCIAL FISHING.— (6) Huna Tlingit Indians residing near Gla- cier Bay under paragraph (1) shall be consid- ‘‘(i) IN GENERAL.—Subject to the other pro- cier Bay have engaged in subsistence fishing ered separate from, and shall not affect or be visions of this subsection, the Secretary and gathering in and around the bay for ap- affected by, the number of entry permits pro- shall allow commercial fishing in the Park proximately 9,000 years, interrupted only by vided to small passenger vessels providing using the following methods and means in periodic glacial advances, and reestablished passage to and from Glacier Bay Lodge.’’. use for commercial fishing in the Park dur- after each glacial retreat; SEC. 5. SURVEY OF PARK USERS. ing calendar years 1980 through 1996: (7) commercial fishing has occurred in and Section 1307 of the Alaska National Inter- ‘‘(I) Trolling or seining for salmon, except around Glacier Bay for over 100 years, long est Lands Conservation Act (16 U.S.C. 3197) that seining may not be used in Glacier Bay before the area was recognized by the Fed- (as amended by section 4) is amended by add- proper. eral Government; ing at the end the following: ‘‘(II) Longlining. (8) commercial fishing and subsistence ‘‘(e) SURVEY OF GLACIER BAY USERS.— ‘‘(III) Use pots or ring nets. fishing and gathering in Glacier Bay Na- ‘‘(1) SURVEY DESIGN.—Not later than 60 ‘‘(ii) FEDERAL AND STATE LAWS.—Fishing tional Park occur at stable levels of activity days after the date of enactment of this sub- allowed under clause (i) shall be subject to that have no perceivable adverse effect on section, the Secretary shall submit to the any applicable Federal or State law. the health or sustainability of marine re- Committee on Energy and Natural Resources ‘‘(iii) ADVERSE IMPACT.— sources in the Park, including the marine re- of the Senate and the Committee on Re- ‘‘(I) IN GENERAL.—If the Secretary deter- sources of Glacier Bay; sources of the House of Representatives a mines that scientifically valid information (9) commercial fishing and subsistence plan for conducting a comprehensive survey demonstrates a significant adverse impact is fishing and gathering are of great impor- of Glacier Bay National Park users during occurring to a resident population as a result tance to local residents who often lack other the following visitor season, including indi- of commercial fishing in the Park, the Sec- alternatives for sustaining their livelihood; viduals arriving in the Park on commer- retary shall consult with the relevant State and cially operated vessels, to determine— fishery management authority and may re- (10) the continuation of commercial fishing ‘‘(A) the extent to which the users consider quest that the authority initiate remedial and subsistence fishing and gathering in Gla- the activities of other groups of users of the action.

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‘‘(II) EMERGENCY ACTION.—If the Secretary reason other than illness, injury, or national ‘‘(II) 2 members shall be professional fish- determines that commercial fishing is caus- service, the individual shall not be eligible ery biologists appointed by the Governor of ing an emergency that poses an immediate to engage in commercial fishing in the Alaska; and threat to a Park resource, including a resi- waters of the Beardslee Islands under this ‘‘(III) 1 member shall be a professional fish- dent population of fish or shellfish, and that paragraph. ery biologist who is not employed by the the relevant State fishery management au- ‘‘(ii) DESIGNATED SUCCESSOR.— Federal Government or the State of Alaska, thority is not taking appropriate action, the ‘‘(I) IN GENERAL.—An individual who is in- who shall— Secretary may promulgate such regulations eligible to engage in commercial fishing ‘‘(aa) be appointed jointly by the Secretary as are necessary to protect the threatened under clause (i) may, at any time before or and the Governor of Alaska; and resource for the duration of the emergency. during the year in which the individual ‘‘(bb) serve as chairperson of the Council. ‘‘(B) MEMORANDUM OF UNDERSTANDING.— ceases to participate actively in fishing, des- ‘‘(ii) APPOINTMENTS.—Appointments to the Not later than 90 days after the date of en- ignate a successor that may engage in com- Council shall be made not later than 60 days actment of this subsection, the Secretary after the date of enactment of this sub- mercial fishing for Dungeness crab in the and the relevant State fishery management section. waters of the Beardslee Islands under this authority shall jointly prepare and publish a ‘‘(iii) REPLACEMENT.—A Council member paragraph as long so the successor— memorandum of understanding that— shall serve on the Council until replaced by ‘‘(i) describes the respective authority of ‘‘(aa) engages in commercial fishing for the authority that appointed the individual. Dungeness crab in the waters of the the Secretary and the State fishery manage- ‘‘(C) RESPONSIBILITIES.—The Council ment authority with regard to the manage- Beardslee Islands; and shall— ment of commercial fishing in the Park; and ‘‘(bb) is reliant on the fishing for a signifi- ‘‘(i) not later than 180 days after the date ‘‘(ii) establishes a process for consultations cant part of the individual’s fishery-related of enactment of this subsection, provide a re- and regulatory action under subparagraph income. port reviewing the status of knowledge about (A). ‘‘(II) INELIGIBILITY OF SUCCESSOR.—If a suc- fishery resources in the Park to the Sec- ‘‘(4) GLACIER BAY MARINE FISHERIES RE- cessor designated under subclause (I) volun- retary, the State of Alaska, the Committee SERVE.— tarily ceases to participate actively in fish- on Energy and Natural Resources of the Sen- ‘‘(A) DESIGNATION.—The waters of Glacier ing in the waters of the Beardslee Islands ate, and the Committee on Resources of the Bay proper are designated as the Glacier Bay under this paragraph for a period of at least House of Representatives; and Marine Fisheries Reserve. 1 year for any reason other than illness, in- ‘‘(ii) not later than 1 year after the date of ‘‘(B) PURPOSES.—The purposes of the Re- jury, or national service, the individual shall enactment of this subsection, in consulta- serve are— no longer be eligible to engage in commer- tion with appropriate Federal and State ‘‘(i) to maintain a high degree of protec- cial fishing in the waters of the Beardslee Is- agencies, prepare a fisheries management tion for the living marine resources of the lands under this paragraph. plan for the Reserve, including areas man- Glacier Bay marine ecosystem; ‘‘(D) TEMPORARY SUCCESSOR.— aged as wilderness, in accordance with sub- ‘‘(ii) to provide for the continued health, ‘‘(i) IN GENERAL.—If an individual eligible paragraph (D). diversity, and abundance of the resources in to engage in commercial fishing in the ‘‘(D) FISHERIES MANAGEMENT PLAN.—The the Glacier Bay marine ecosystem; waters of the Beardslee Islands under this fisheries management plan referred to in ‘‘(iii) to provide a continuing opportunity paragraph is forced by reason of illness, in- subparagraph (C)(ii) shall— for the conduct of fisheries science in a jury, or national service to forego the fish- ‘‘(i) describe a framework for pursuing op- postglacial ecological environment; and ing, the individual may designate a tem- portunities for fisheries science in combina- ‘‘(iv) to provide for sustainable public use porary successor for a period of 1 year. tion with the continued harvest of fish and and enjoyment of the marine resources of ‘‘(ii) RENEWAL.—The designation of a tem- shellfish from the Reserve, consistent with Glacier Bay. porary successor under clause (i) may be re- sound management practices and in accord- ‘‘(C) FISHING.— newed yearly so long as the condition of ill- ance with recognized principles for the man- ‘‘(i) IN GENERAL.—Subject to clauses (ii) ness, injury, or national service continues to agement of sustainable resources; and and (iii), the Reserve shall remain open to prevent the eligible individual from partici- ‘‘(ii) make such recommendations as the fishing in accordance with paragraphs (2) and pating in the commercial fishing. Council considers appropriate regarding fish- (3). ‘‘(E) OTHER LAW.—An individual eligible to ery research needs and regulations regarding ‘‘(ii) CLOSURES AND RESTRICTIONS.—A clo- fish under this paragraph shall be subject to fishing times, areas, methods, and means. sure or a restriction on time, area, or meth- any other Federal or State law. ‘‘(E) CONTINUING RECOMMENDATION.—After od or means of access to the Reserve may be completing the fisheries management plan ‘‘(F) FISHING CESSATION AGREEMENT.— implemented by the appropriate State fish- under subparagraph (D), the Council shall ‘‘(i) IN GENERAL.—The Secretary and an in- ery management authority if the closure or continue to meet at least annually, and at dividual engaged in commercial fishing restriction— such other times as the Council considers under this paragraph may agree on the ces- ‘‘(I) is recommended by the Council; and necessary, to provide to the Secretary and sation of commercial fishing by the indi- ‘‘(II) is required to achieve the purposes of the entities referred to in subparagraph vidual. the Reserve. (C)(i) such additional recommendations on ‘‘(ii) DESIGNATION OF SUCCESSOR.—An indi- ‘‘(iii) COMMENT.—Before implementing a fishery research and management priorities closure under clause (ii), the appropriate vidual who agrees to cease commercial fish- and needs in the Reserve as the Council con- State fishery management authority shall ing under clause (i) may not designate a suc- siders appropriate. solicit comments from affected commercial cessor under subparagraph (C)(ii). ‘‘(F) CONSENSUS DECISIONS.—For a rec- or subsistence users of the Reserve. ‘‘(G) FORCED RETIREMENT OF SUCCESSOR.— ommendation, designation, or determination ‘‘(5) BEARDSLEE ISLANDS.— The Secretary may require an individual of the Council to be effective it shall be ‘‘(A) RESTRICTION ON FISHING.—Notwith- designated as a successor under subpara- made by consensus. standing paragraph (4)(C), the waters of the graph (C)(ii) to cease commercial fishing ‘‘(G) FACA.—The Federal Advisory Com- Beardslee Islands managed as wilderness under this paragraph if the facility— mittee Act (5 U.S.C. App.) shall not apply to shall be closed to commercial fishing, except ‘‘(i) determines that cessation of commer- the Council. that the appropriate State fishery manage- cial fishing by the individual would be sig- ‘‘(7) EFFECT ON TIDAL AND SUBMERGED ment authority shall allow commercial fish- nificantly beneficial to the Reserve; and LAND.— ing for Dungeness crab by an individual who, ‘‘(ii) compensates the individual for the in- ‘‘(A) CLAIM TO TIDAL OR SUBMERGED LAND.— during calendar years 1984 through 1995— dividual’s expected lifetime earnings for the ‘‘(i) IN GENERAL.—Nothing is this sub- ‘‘(i) participated in commercial fishing for commercial fishing, as determined by— section invalidates, validates, or in any Dungeness crab in the Beardslee Islands for a ‘‘(I) the individual’s average annual earn- other way affects any claim of the State of minimum of 10 fishing seasons; and ings over a 5-year period from the commer- Alaska to title to any tidal or submerged ‘‘(ii) was reliant on the fishing referred to cial fishing; or land. in clause (i) for a significant part of the indi- ‘‘(II) if a minimum of 5 years of data on the ‘‘(ii) FUTURE ACTION.—No action taken pur- vidual’s fishery-related income. individual’s earnings from the commercial suant to or in accordance with this sub- ‘‘(B) INFORMATION.—In making a deter- fishing are unavailable, the average annual section shall bar the State of Alaska from mination of eligibility under subparagraph earnings of the individual’s predecessor for asserting at any time its claim of title to (A), the appropriate fishery management au- the commercial fishing. any tidal or submerged land. thority shall consider all available public ‘‘(6) FISHERY SCIENCE ADVISORY COUNCIL.— ‘‘(B) JURISDICTION.—Nothing in this sub- records as well as any other information ‘‘(A) ESTABLISHMENT.—There is established section, and no action taken pursuant to this made available by the prospective applicant. the Glacier Bay Fishery Science Advisory subsection, shall expand or diminish Federal ‘‘(C) INELIGIBILITY.— Council. or State jurisdiction, responsibility, inter- ‘‘(i) IN GENERAL.—If an individual engaged ‘‘(B) MEMBERSHIP.— ests, or rights in the management, regula- in commercial fishing in the waters of the ‘‘(i) IN GENERAL.—The Council shall consist tion, or control of waters or tidal or sub- Beardslee Islands under this paragraph vol- of 5 members, of whom— merged land of the State of Alaska.’’. untarily ceases to participate actively in the ‘‘(I) 2 members shall be professional fishery Mr. President, I rise today to offer a fishing for a period of at least 1 year for any biologists appointed by the Secretary; bill to provide tax relief to America’s

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8096 CONGRESSIONAL RECORD — SENATE July 24, 1997 farmer-owned cooperatives. My bill SECTION 1. ALLOCATION OF ALCOHOL FUELS place restrictions on military assist- would allow members of America’s CREDIT TO PATRONS OF A COOPER- ance and arms transfers to govern- ATIVE. farmer-owned cooperatives to pass- (a) IN GENERAL.—Subsection (d) of section ments that are not democratic, do not through the small producer tax credit 40 of the Internal Revenue Code of 1986 (re- respect human rights, are engaged in for ethanol to cooperative members, lating to alcohol used as fuel) is amended by armed aggression, or are not partici- who are currently not able to take this adding at the end the following new para- pating in the U.N. Register of Conven- credit. graph: tional Arms. Farmer-owned cooperatives are at ‘‘(6) ALLOCATION OF SMALL ETHANOL PRO- Before I discuss the specifics of the the heart of America’s rural commu- DUCER CREDIT TO PATRONS OF COOPERATIVE.— legislation, I want to take a moment to nities. Cooperatives and cooperative ‘‘(A) IN GENERAL.—In the case of a coopera- pay tribute to our former colleague and members—family farmers whose sur- tive organization described in section 1381(a), long-time champion of this effort, Sen- any portion of the credit determined under vival and prosperity are essential for subsection (a)(3) for the taxable year may, at ator Mark Hatfield. During his four our whole country—work hard, invest, the election of the organization made on a terms in the Senate, Senator Hatfield and contribute to their communities timely filed return (including extensions) for developed a reputation as a man com- daily. We owe them their fair share of such year, be apportioned pro rata among pa- mitted to the search for peace and a that daily effort, along with a level trons on the basis of the quantity or value of staunch advocate of nonmilitary solu- playing field to compete on with other business done with or for such patrons for tions for international problems. It was businesses. the taxable year. Such an election, once natural for Senator Hatfield to take I am therefore introducing legisla- made, shall be irrevocable for such taxable the lead in an effort to make U.S. arms tion that will allow the small ethanol year. sales policy more reflective of Amer- producer credit to pass through to co- ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- TRONS.—The amount of the credit appor- ican values. He did not succeed in win- operative owners and members. Farm- tioned to patrons pursuant to subparagraph ning passage of a Code of Conduct, but er-owned cooperatives have invested (A)— he placed the issue in front of the Sen- over $1 billion in ethanol production ‘‘(i) shall not be included in the amount de- ate and the public, and moved the de- and marketing, and more than 857,000 termined under subsection (a) for the taxable bate forward. I am sure he is gratified farmers have a stake in the continued year of the organization, and to see that the House of Representa- development and growth of this impor- ‘‘(ii) shall be included in the amount deter- tives adopted a version of the Code as tant domestic value-added industry. mined under subsection (a) for the taxable an amendment to the bill to authorize year of each patron in which the patronage Yet, the members of these cooperatives State Department activities for fiscal are unable to benefit from this tax dividend for the taxable year referred to in subparagraph (A) is includible in gross in- year 1998. I am honored to follow in his credit because cooperatives are not al- come. footsteps and introduce derivative leg- lowed to passthrough the credit. ‘‘(C) SPECIAL RULE FOR DECREASING CREDIT islation, the 1997 Code of Conduct Act. FOR TAXABLE YEAR.—If the amount of the The Code of Conduct on Arms Trans- By Mr. WELLSTONE (for him- credit of a cooperative organization deter- fers Act embodies a fundamental shift self, Mr. GRASSLEY, Mr. mined under subsection (a)(3) for a taxable in the way that the United States will KERREY, Mr. JOHNSON, Mr. year is less than the amount of such credit deal with the transfer of conventional DASCHLE, and Mr. CONRAD): shown on the cooperative organization’s re- weapons to the rest of the world. Like S. 1066. A bill to amend the Internal turn for such year, an amount equal to the many other aspects of our national se- Revenue Code of 1986 to allow the alco- excess of such reduction over the amount not curity structure, arms sales and other hol fuels credit to be allocated to pa- apportioned to the patrons under subpara- military assistance must be adjusted to trons of a cooperative in certain cases; graph (A) for the taxable year shall be treated as an increase in tax imposed by this the realities of the post-cold-war era. to the Committee on Finance. chapter on the organization. Any such in- The central theme of our foreign policy TAX RELIEF LEGISLATION crease shall not be treated as tax imposed by has changed from containment of com- Mr. WELLSTONE. This situation is this chapter for purposes of determining the munism to expansion of democracy. We extremely unfair—owners of other eth- amount of any credit under this subpart or no longer need to send massive anol production facilities are able to subpart A, B, E, or G of this part.’’ amounts of weaponry to our surrogates take advantage of this incentive, yet (b) TECHNICAL AMENDMENT.—Section 1388 of around the world in an arms race we are denying family farmers their the Internal Revenue Code of 1986 (relating fair share of the benefit. While I to definitions and special rules for coopera- against communism. Instead we must strongly support the preservation and tive organizations) is amended by adding at evaluate the effect that arms transfers the end the following new subsection: extension of the ethanol tax incen- have on regional stability, the pro- ‘‘(k) CROSS REFERENCE.— motion of democracy and the protec- tives—vital for this maturing indus- ‘‘For provisions relating to the apportion- try—passthrough of the small producer tion of human rights. ment of the alcohol fuels credit between co- Unfortunately, our arms transfer credit is a separate issue of funda- operative organizations and their patrons, policies have not adjusted to this re- mental fairness for family farmers. see section 40(d)(6).’’ I believe all Members can agree that (c) EFFECTIVE DATE.—The amendments ality. The United States continues to family farmers, who have made a sub- made by this section shall apply to taxable be the primary supplier of arms to the stantial investment in ethanol produc- years beginning after December 31, 1996. world. We ranked first in arms transfer tion, should be able to take advantage agreements with developing nations By Mr. KERRY (for himself, Mr. of the same tax benefits that other from 1988 to 1995. In 1995 the United DORGAN, Mr. FEINGOLD, Mr. small business owners who produce States ranked first in deliveries to the LEAHY, Ms. MOSELEY-BRAUN, ethanol now enjoy. Passthrough of this developing world for the fourth year in Mr. WELLSTONE, Ms. LANDRIEU, tax credit is not a corporate subsidy row. The United States share of all Mr. KENNEDY, and Mr. HARKIN): and does not benefit large corpora- arms transfers to developing nations S. 1067. A bill to prohibit United tions, but is an incentive for America’s rose from 11.1 percent in 1988 to 44.1 States military assistance and arms family farmers to help produce a fuel percent in 1995. In constant dollars the transfers to foreign governments that that decreases our foreign oil depend- United States has increased deliveries are undemocratic, do not adequately ence, spurs rural development, and im- to developing nations from $5.5 billion protect human rights, are engaged in proves our Nation’s air quality. in 1988 to $9.5 billion in 1995. It is dis- Mr. President, I ask unanimous con- acts of armed aggression, or are not turbing to me that an analysis done by sent that the text of the bill be printed fully participating in the United Na- the Project on Demilitarization and tions Register of Conventional Arms; in the RECORD. Democracy revealed that, of the arms There being no objection, the bill as to the Committee on Foreign Rela- transfers to developing nations over a ordered to be printed in the RECORD, as tions. 4-year period, 85 percent went to non- follows: THE CODE OF CONDUCT ON ARMS TRANSFERS ACT Democratic governments. It is clear S. 1066 OF 1997 that other factors, including short- Be it enacted by the Senate and House of Rep- Mr. KERRY. Mr. President, today I term economic benefits from sales, resentatives of the United States of America in am introducing the Code of Conduct on dominate the U.S. Government’s deci- Congress assembled, Arms Transfers Act of 1997, a bill to sion making process concerning arms

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8097 sales and the nature of the recipient re- aggression. For countries that failed to in the United Kingdom has expressed gimes appears to be of little con- meet this threshold, the President support for the concept. sequence. could have requested a national secu- The United States should lead the The Code of Conduct seeks to elevate rity waiver, but the Congress would way and stop selling arms to nations the consideration of democracy, human have had to enact the waiver through that ignore the rights and needs of rights and nonaggression from their legislation. In my judgment, this ap- their citizens that use those arms to current status as policy afterthoughts proach made granting a waiver pass a bully their neighbors or their own pop- to primary criteria for decisions on very stiff test. Consequently, this pro- ulations. We should lead the way to es- arms transfers. A quote from a Feb- vision was a major impediment to pas- tablishment of a multilateral regime ruary 17, 1995 press release from the sage of the Code. Under the terms of that will effectively prevent such na- White House illustrates—by what it the bill being introduced today, the tions from obtaining arms with which omits—the unfortunate tendency to ig- President will still submit the annual to enforce and administer nefarious ac- nore these factors. The release states, list of countries that meet the criteria, tivities. This legislation, and the simi- in part: ‘‘The U.S. continues to view but a Presidential request for a na- lar legislation already passed by the transfers of conventional arms as a le- tional security waiver does not require House of Representatives, can be the gitimate instrument of U.S. foreign further action by the Congress. Con- vehicle to accomplish this objective. policy—deserving U.S. government sup- gress could, of course, disapprove the I want to thank Senator DORGAN, port—when they enable us to help waiver through the normal legislative who previously has offered a Code of friends and allies deter aggression, pro- process, but that likely would require Conduct provision as an amendment to mote regional security, and increase overriding a Presidential veto. The de- other legislation, for joining as a co- interoperability of U.S. forces and al- sign of the waiver process in the bill I sponsor today, along with Senators lied forces. * * * The U.S. will exercise am introducing is the same as that FEINGOLD, LEAHY, MOSELEY-BRAUN, unilateral restraint in cases where passed by the House. WELLSTONE, LANDRIEU, KENNEDY, and overriding national security or foreign The second difference from past HARKIN. policy interests require us to do so.’’ versions of the Code is the inclusion of With their support, and the support The criteria denoted in that state- a section to promote an international of other Senators whose support I am ment are, indeed, critical components arms transfer regime. We are far and confident will be forthcoming, I am of a sound U.S. policy on arms trans- away the world’s biggest arms mer- hopeful that we will see the Congress fers and should continue to be consid- chant and we must lead the way for the enact and the President sign into law ered as such. But the statement omits rest of the world in addressing this this year legislation that will ensure what should be the very important con- issue. But the United States cannot do that the values of democratization, sideration of the effects arms transfers this alone. We should not deceive our- human rights, and nonaggression— are likely to have on democratization, selves regarding the ability or willing- which are so important to our Nation nonaggression, and human rights. The ness of other arms-producing nations and so often lauded and referenced by U.S. is the largest exporter of weapons to rush in and fill any gap we create. elected officials from both parties—will to developing nations and we must Russia, France, China, and other na- be legally established as criteria for learn to exercise unilateral restraint tions all have the potential to provide arms sales and transfers to other na- not just for national security and for- weapons the United States and its tions by the United States. eign policy interests, but also for the manufacturers will not provide. My I ask unanimous consent the text of furtherance of democracy and human legislation will require the President the bill be printed following my re- rights. to expand international efforts to curb marks. By exercising restraint, we cannot worldwide arms sales and to work to- There being no objection, the bill was only further our foreign policy goal of ward establishing a multilateral re- ordered to be printed in the RECORD, as fostering democracy, but also enhance gime to govern the transfer of conven- follows: our security as well. The June 1996 Re- tional arms. It requires the President S. 1067 port of the Presidential Advisory Board to notify allied governments when the Be it enacted by the Senate and House of Rep- on Arms Proliferation Policy con- United States determines a nation is resentatives of the United States of America in cluded that U.S. and international se- ineligible under the Code for arms Congress assembled, curity are threatened by the prolifera- transfers, and request that our allies SECTION 1. SHORT TITLE. tion of advanced conventional weapons. join the United States in refusing to This Act may be cited as the ‘‘Code of Con- According to the Report, ‘‘The world transfer arms to that nation. The bill duct on Arms Transfers Act of 1997’’. SEC. 2. PURPOSE. struggles today with the implications also requires the President to report The purpose of this Act is to provide clear of advanced conventional weapons. It annually to the Congress on steps he is policy guidelines and congressional responsi- will in the future be confronted with taking to gain international accept- bility for determining the eligibility of for- yet another generation of weapons, ance of the principles incorporated in eign governments to be considered for United whose destructive power, size, cost, and this legislation and on the progress he States military assistance and arms trans- availability can raise many more prob- is making toward establishing a perma- fers. lems even than their predecessors nent multilateral structure for control- SEC. 3. PROHIBITION OF UNITED STATES MILI- TARY ASSISTANCE AND ARMS today. These challenges will require a ling arms transfers. TRANSFERS TO CERTAIN FOREIGN new culture among nations, one that If some of my colleagues view this ef- GOVERNMENTS. accepts increased responsibility for fort as naive in a rough and tumble (a) PROHIBITION.—Except as provided in control and restraint, despite short- world, I call their attention to a com- subsections (b) and (c), beginning on and term economic and political factors mentary editorial in the June 16, 1997, after October 1, 1998, United States military pulling in other directions.’’ The Code issue of Defense News which endorses assistance and arms transfers may not be of Conduct is a step toward that new the Arms Trade Code of Conduct as provided to a foreign government for a fiscal passed by the House of Representa- year unless the President certifies to Con- culture. gress for that fiscal year that such govern- The bill I am introducing today dif- tives. The editors concluded that the ment meets the following requirements: fers from past versions of the Code of Code ‘‘would create a useful tool to (1) PROMOTES DEMOCRACY.—Such govern- Conduct in two significant ways. Most shine light on some nations’ darkest ment— importantly, the language no longer human rights and other unsavory se- (A) was chosen by and permits free and fair requires that Congress pass legislation crets.’’ The effort to establish an inter- elections; to accept a Presidential waiver for national Code of Conduct has won the (B) promotes civilian control of the mili- countries that do not meet the criteria. support of former Costa Rican Presi- tary and security forces and has civilian in- Under previous versions of the legisla- dent Oscar Arias and a dozen of his fel- stitutions controlling the policy, operation, and spending of all law enforcement and se- tion, the President was required to sub- low Nobel Peace laureates. Similar leg- curity institutions, as well as the armed mit to Congress an annual list of coun- islation has been introduced in the Eu- forces; tries determined to meet the criteria ropean Union and several of its mem- (C) promotes the rule of law, equality be- for human rights, democracy, and non- ber nations, and the new government fore the law, and respect for individual and

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8098 CONGRESSIONAL RECORD — SENATE July 24, 1997 minority rights, including freedom to speak, (2) DETERMINATION WITH RESPECT TO EMER- ADDITIONAL COSPONSORS publish, associate, and organize; and GENCY SITUATIONS.—Whenever the President (D) promotes the strengthening of polit- determines that it would not be contrary to S. 89 ical, legislative, and civil institutions of de- the national interest to do so, he shall sub- At the request of Ms. SNOWE, the mocracy, as well as autonomous institutions mit to Congress at the earliest possible date name of the Senator from Massachu- to monitor the conduct of public officials reports containing determinations with re- setts [Mr. KERRY] was added as a co- and to combat corruption. spect to emergencies under subsection sponsor of S. 89, a bill to prohibit dis- (2) RESPECTS HUMAN RIGHTS.—Such govern- (c)(1)(B). Each such report shall contain a de- crimination against individuals and ment— scription of— their family members on the basis of (A) does not engage in gross violations of (A) the nature of the emergency; internationally recognized human rights, in- (B) the type of military assistance and genetic information, or a request for cluding— arms transfers provided to the foreign gov- genetic services. (i) extrajudicial or arbitrary executions; ernment; and S. 224 (ii) disappearances; (C) the cost to the United States of such At the request of Mr. WARNER, the (iii) torture or severe mistreatment; assistance and arms transfers. name of the Senator from Florida [Mr. (iv) prolonged arbitrary imprisonment; SEC. 4. PROMOTING AN INTERNATIONAL ARMS (v) systematic official discrimination on MACK] was added as a cosponsor of S. TRANSFERS REGIME. 224, a bill to amend title 10, United the basis of race, ethnicity, religion, gender, (a) INTERNATIONAL COOPERATION.—Prior to national origin, or political affiliation; and the beginning of each fiscal year, the Presi- States Code, to permit covered bene- (vi) grave breaches of international laws of dent shall compile a list of countries that do ficiaries under the military health care war or equivalent violations of the laws of not meet the requirements in section 3(a) system who are also entitled to Medi- war in internal conflicts; and for which the President has not re- care to enroll in the Federal Employ- (B) vigorously investigates, disciplines, quested an exemption under section 3(c). The ees Health Benefits Program, and for and prosecutes those responsible for gross President shall— other purposes. violations of internationally recognized (1) notify the governments participating in human rights; the Wassenaar Arrangement on Export Con- S. 251 (C) permits access on a regular basis to po- trols for Conventional Arms and Dual Use At the request of Mr. SHELBY, the litical prisoners by international humani- Goods and Technologies, done at Vienna, name of the Senator from Iowa [Mr. tarian organizations such as the Inter- July 11 and 12, 1996 (in this section referred HARKIN] was added as a cosponsor of S. national Committee of the Red Cross; to as the ‘‘Wassenaar Arrangement’’), and 251, a bill to amend the Internal Rev- (D) promotes the independence of the judi- such other foreign governments as the Presi- enue Code of 1986 to allow farmers to ciary and other official bodies that oversee dent deems appropriate, that the countries income average over 2 years. the protection of human rights; so listed are ineligible to receive United (E) does not impede the free functioning of States arms sales and military assistance S. 349 domestic and international human rights or- under this Act; and At the request of Mrs. BOXER, the ganizations; and (2) request that the countries so notified name of the Senator from Vermont (F) provides access on a regular basis to also declare the listed countries as ineligible [Mr. LEAHY] was added as a cosponsor humanitarian organizations in situations of for arms sales and military assistance. of S. 349, a bill to amend the Public conflict or famine. (b) MULTILATERAL EFFORTS.—The Presi- Health Service Act to provide for ex- (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED dent shall continue and expand efforts panding, intensifying, and coordinating AGGRESSION.—Such government is not cur- through the United Nations and other inter- rently engaged in acts of armed aggression national fora, such as the Wassenaar Ar- activities of the National Heart, Lung, in violation of international law. rangement, to limit arms transfers world- and Blood Institute with respect to (4) FULL PARTICIPATION IN UNITED NATIONS wide, particularly transfers to countries that heart attack, stroke, and other cardio- REGISTER OF CONVENTIONAL ARMS.—Such gov- do not meet the criteria established in sec- vascular diseases in women. tion 3, for the purpose of establishing a per- ernment is fully participating in the United S. 442 Nations Register of Conventional Arms. manent multilateral regime to govern the YDEN (b) REQUIREMENT FOR CONTINUING COMPLI- transfer of conventional arms. At the request of Mr. W , the ANCE.—Any certification with respect to a (c) REPORT.— name of the Senator from Missouri foreign government for a fiscal year under (1) IN GENERAL.—Beginning one year after [Mr. ASHCROFT] was added as a cospon- subsection (a) shall cease to be effective for the date of enactment of this Act, and annu- sor of S. 442, a bill to establish a na- that fiscal year if the President certifies to ally thereafter, the President shall submit a tional policy against State and local Congress that such government has not con- report to Congress— government interference with inter- tinued to comply with the requirements con- (A) describing efforts he has undertaken tained in paragraphs (1) through (4) of such during the preceding year to gain interstate commerce on the Internet or subsection. national acceptance of the principles con- interactive computer services, and to (c) EXEMPTIONS.— tained in section 3; and exercise congressional jurisdiction over (1) IN GENERAL.—The prohibition contained (B) evaluating the progress made toward interstate commerce by establishing a in subsection (a) shall not apply with respect establishing a multilateral regime to control moratorium on the imposition of exac- to a foreign government for a fiscal year if— the transfer of conventional arms. tions that would interfere with the free (A) subject to paragraph (2), the President (2) SUBMISSION OF THE REPORT.—This report flow of commerce via the Internet, and submits a request for an exemption to Con- shall be submitted in conjunction with the for other purposes. gress containing a determination that it is submission of the annual congressional pres- in the national security interest of the entation documents for foreign assistance S. 755 United States to provide military assistance programs for a fiscal year. At the request of Mr. CAMPBELL, the and arms transfers to such government; or SEC. 5. UNITED STATES MILITARY ASSISTANCE names of the Senator from New Jersey (B) the President determines that an emer- AND ARMS TRANSFERS DEFINED. [Mr. TORRICELLI] and the Senator from For purposes of this Act, the terms gency exists under which it is vital to the in- New York [Mr. D’AMATO] were added as ‘‘United States military assistance and arms terest of the United States to provide mili- cosponsors of S. 755, a bill to amend tary assistance and arms transfers to such transfers’’ and ‘‘military assistance and government. arms transfers’’ mean— title 10, United States Code, to restore (2) DISAPPROVAL.—A request for an exemp- (1) assistance under chapter 2 of part II of the provisions of chapter 76 of that tion to provide military assistance and arms the Foreign Assistance Act of 1961 (relating title (relating to missing persons) as in transfers to a foreign government shall not to military assistance), including the trans- effect before the amendments made by take effect, or shall cease to be effective, if fer of excess defense articles under section the National Defense Authorization a law is enacted disapproving such request. 516 of that Act; Act for Fiscal Year 1997 and to make (d) NOTIFICATIONS TO CONGRESS.— (2) assistance under chapter 5 of part II of other improvements to that chapter. (1) IN GENERAL.—The President shall sub- the Foreign Assistance Act of 1961 (relating mit to Congress initial certifications under to international military education and S. 859 subsection (a) and requests for exemptions training); or At the request of Mr. KYL, the name under subsection (c)(1)(A) in conjunction (3) the transfer of defense articles, defense of the Senator from Montana [Mr. with the submission of the annual congres- services, or design and construction services BURNS] was added as a cosponsor of S. sional presentation documents for foreign as- under the Arms Export Control Act (exclud- 859, a bill to repeal the increase in tax sistance programs for a fiscal year and shall, ing any transfer or other assistance under on Social Security benefits. where appropriate, submit additional or section 23 of such Act), including defense ar- amended certifications and requests for ex- ticles and defense services licensed or ap- S. 887 emptions at any time thereafter in the fiscal proved for export under section 38 of that At the request of Ms. MOSELEY- year. Act. BRAUN, the names of the Senator from

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8099 Louisiana [Ms. LANDRIEU], and the Sen- lution to state the sense of the Con- total amount appropriated, not less than ator from Michigan [Mr. LEVIN] were gress regarding the obligations of the $13,774,000 shall be made available for civil added as cosponsors of S. 887, a bill to People’s Republic of China under the rights enforcement, of which up to $3,000,000 establish in the National Service the Joint Declaration and the Basic Law to shall be provided to establish an investigative unit within the Office of Civil Rights’’. National Underground Railroad Net- ensure that Hong Kong remains auton- On page 34, line 6, strike ‘‘$47,700,000’’ and work to Freedom program, and for omous, the human rights of the people insert in lieu thereof ‘‘$44,700,000’’. other purposes. of Hong Kong remain protected, and On page 35, line 1, strike ‘‘$3,000,000’’ and S. 920 the government of the Hong Kong SAR insert in lieu thereof ‘‘$4,000,000’’. At the request of Mr. WYDEN, the is elected democratically. name of the Senator from Ohio [Mr. f BINGAMAN (AND) CAMPBELL DEWINE] was added as a cosponsor of S. SENATE CONCURRENT RESOLU- AMENDMENT NO. 978 920, a bill to require the Secretary of TION—42—AUTHORIZING THE USE Health and Human Services to issue an Mr. BUMPERS (for Mr. BINGAMAN, OF THE CAPITOL FOR A CERE- annual report card on the performance for himself and Mr. CAMPBELL) pro- MONY HONORING ECUMENICAL of the States in protecting children posed an amendment to the bill S. 1033, PATRIARCH BARTHOLOMEW placed for adoption in foster care, or supra; as follows: with a guardian, and for other pur- Mr. D’AMATO (for himself and Mr. On page 13, line 20, strike ‘‘$13,619,000’’ and poses. SARBANES) submitted the following insert ‘‘$13,469,000’’. On page 14, line 22, strike ‘‘$10,991,000’’ and S. 1000 concurrent resolution; which was re- insert ‘‘$11,141,000’’. At the request of Mr. CHAFEE, the ferred to the Committee on Rules and names of the Senator from Virginia Administration: f [Mr. WARNER], the Senator from Idaho S. CON. RES. 42 [Mr. KEMPTHORNE], the Senator from Whereas Ecumenical Patriarch Bar- THE DEPARTMENTS OF COM- Oklahoma [Mr. INHOFE], the Senator tholomew is the spiritual leader of nearly 300 MERCE, JUSTICE, AND STATE, from Wyoming [Mr. THOMAS], the Sen- million Orthodox Christians around the THE JUDICIARY, AND RELATED ator from Arkansas [Mr. HUTCHINSON], world and millions of Orthodox Christians in AGENCIES APPROPRIATIONS ACT the Senator from Colorado [Mr. America; FOR FISCAL YEAR 1998 Whereas Ecumenical Patriarch Bar- ALLARD], the Senator from Montana tholomew is recognized in the United States [Mr. BAUCUS], the Senator from Nevada and abroad as a leader in the quest for world [Mr. REID], and the Senator from Con- peace, respect for the earth’s environment, GREGG AMENDMENT NO. 979 necticut [Mr. LIEBERMAN] were added and greater religious understanding; Mr. GREGG proposed an amendment as cosponsors of S. 1000, a bill to des- Whereas the extraordinary efforts of Ecu- to the bill (S. 1022) making appropria- ignate the United States courthouse at menical Patriarch Bartholomew continue to bring people of all faiths closer together in tions for the Departments of Com- 500 State Avenue in Kansas City, Kan- merce, Justice, and State, the Judici- sas, as the ‘‘Robert J. Dole United America and around the world; Whereas the courageous leadership of Ecu- ary, and related agencies for the fiscal States Courthouse’’. menical Patriarch Bartholomew for peace in year ending September 30, 1998, and for S. 1002 the Balkans, Eastern Europe, the Middle other purposes; as follows: At the request of Mr. ABRAHAM, the East, the Eastern Mediterranean, and else- On page 65, strike lines 3 through 9 and in- name of the Senator from Kansas [Mr. where inspires and encourages people of all sert the following: faiths toward his dream of world peace in the BROWNBACK] was added as a cosponsor SEC. 119. Section 203(p)(1) of the Federal of S. 1002, a bill to require Federal new millennium; and Property and Administrative Services Act of agencies to assess the impact of poli- Whereas the outstanding accomplishments 1949 (40 U.S.C. 484(p)(1)) is amended— of Ecumenical Patriarch Bartholomew have (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and cies and regulations on families, and been formally recognized and honored by nu- for other purposes. (2) by adding at the end the following new merous governmental, academic, and other subparagraph: S. 1060 institutions around the world: Now, there- ‘‘(B)(i) The Administrator may exercise At the request of Mr. LAUTENBERG, fore, be it the authority under subparagraph (A) with the name of the Senator from Rhode Is- Resolved by the Senate (the House of Rep- respect to such surplus real and related prop- land [Mr. REED] was added as a cospon- resentatives concurring), That the rotunda of erty needed by the transferee or grantee sor of S. 1060, a bill to restrict the ac- the Capitol is authorized to be used in Octo- for— ber 21, 1997, for a congressional ceremony tivities of the United States with re- ‘‘(I) law enforcement purposes, as deter- honoring Ecumenical Patriarch Bar- mined by the Attorney General; or spect to foreign laws that regulate the tholomew. Physical preparations for the marketing of tobacco products and to ‘‘(II) emergency management response pur- ceremony shall be carried out in accordance poses, including fire and rescue services, as subject cigarettes that are exported to with such conditions as the Architect of the determined by the Director of the Federal the same restrictions on labeling as Capitol may prescribe. Emergency Management Agency. apply to the sale or distribution of f ‘‘(ii) The authority provided under this cigarettes in the United States. AMENDMENTS SUBMITTED subparagraph shall terminate on December SENATE CONCURRENT RESOLUTION 30 31, 1999.’’ At the request of Mr. HELMS, the names of the Senator from New Jersey THE AGRICULTURE, RURAL DE- BROWNBACK AMENDMENT NO. 980 [Mr. TORRICELLI], and the Senator from VELOPMENT, FOOD AND DRUG Mr. BROWNBACK proposed an New Hampshire [Mr. SMITH] were added ADMINISTRATION, AND RELATED amendment to the bill, S. 1022, supra; as cosponsors of Senate Concurrent AGENCIES APPROPRIATIONS ACT as follows: Resolution 30, a concurrent resolution FOR FISCAL YEAR 1998 expressing the sense of the Congress At the appropriate place in title VI, insert that the Republic of China should be the following: admitted to multilateral economic in- ROBB AMENDMENT NO. 977 SEC. 6 . Section 28(d) of the National In- stitute of Standards and Technology Act (15 stitutions, including the International Mr. ROBB proposed an amendment to U.S.C. 278n(d)) is amended by adding at the Monetary Fund and the International the bill (S. 1033) making appropriations end the following: Bank for Reconstruction and Develop- for Agriculture, rural development, ‘‘(12) For each fiscal year following fiscal ment. Food and Drug Administration, and re- year 1997, the Secretary may not enter into SENATE CONCURRENT RESOLUTION 38 lated agencies programs for the fiscal a contract with, or make an award to, a corporation under the Program, or otherwise At the request of Mr. ROTH, the year ending September 30, 1998, and for names of the Senator from New Jersey permit the participation of the corporation other purposes; as follows: in the Program (individually, or through a [Mr. TORRICELLI), and the Senator from On page 7, line 3, strike ‘‘$24,948,000’’ and joint venture or consortium) if that corpora- Pennsylvania [Mr. SANTORUM] were insert in lieu thereof, ‘‘$26,948,000’’. tion, for the fiscal year immediately pre- added as cosponsors of Senate Concur- On page 7, line 16, before the period, insert ceding that fiscal year, has revenues that ex- rent Resolution 38, a concurrent reso- the following: ‘‘: Provided further, That of the ceed $2,500,000,000.’’.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8100 CONGRESSIONAL RECORD — SENATE July 24, 1997 LUGAR (AND OTHERS) DODD, Mr. ROTH, Mr. LIEBERMAN, Mr. (C) Two members appointed by the Major- AMENDMENT NO. 981 MACK, and Ms. MIKULSKI): ity Leader of the Senate. (D) Two members appointed by the Minor- Strike all after the last word in the bill Mr. LUGAR (for himself, Mr. MCCON- ity Leader of the Senate. and substitute the following: NELL, Mr. LEAHY, Mr. GRAHAM, Mr. LIE- (E) Two members appointed by the Speak- ‘‘1998 BERMAN, Mr. ROTH, Mr. DODD, Mr. er of the House of Representatives. MACK, and Ms. MIKULSKI) proposed an ‘‘SEC. . NATIONAL ENDOWMENT FOR DEMOC- (F) Two members appointed by the Minor- amendment to the bill, S. 1022, supra; RACY. ity Leader of the House of Representatives. ‘‘For grants made by the United States In- (2) APPOINTMENT.—The members of the as follows: formation Agency to the National Endow- On page 113, line 7, after the word ‘‘ex- Commission shall be appointed within 60 ment for Democracy as authorized by the days after the date of the enactment of this pended.’’ insert the following new heading National Endowment for Democracy Act, and section: Act. $30,000,000, to remain available until ex- (3) VACANCY.—Any vacancy in the Commis- NATIONAL ENDOWMENT FOR DEMOCRACY pended. The language on page 100, line 24 to sion shall be filled in the same manner as the For grants made by the United States in- wit, ‘$105,000,000’ is deemed to be original appointment. formation Agency to the National Endow- ‘$75,000,000’.’’ (4) CHAIR.—The Commission shall elect a ment for Democracy as authorized by the Chair and Vice Chair from among its mem- National Endowment Democracy Act, McCONNELL (AND OTHERS) bers. $30,000,000 to remain available until ex- AMENDMENT NO. 985 (5) QUORUM.—Six members of the Commis- pended. sion shall constitute a quorum, but three On page 100, line 24 strike ‘‘$105,000,000’’ Mr. MCCONNELL (for himself, Mr. may conduct hearings. and insert ‘‘$75,000,000’’. LEAHY, Mr. LUGAR, Mr. GRAHAM, Mr. (c) COMPENSATION.— DODD, Mr. ROTH, Mr. LIEBERMAN, Mr. (1) IN GENERAL.—Members of the Commis- McCONNELL (AND OTHERS) MACK, and Ms. MIKULSKI) proposed an sion who are officers, or full-time employees, AMENDMENT NO. 982 amendment to amendment No. 984 proof the United States shall receive no additional compensation for their services, but Mr. MCCONNELL (for himself, Mr. posed by Mr. LUGAR to the bill, S. 1022, shall be reimbursed for travel, subsistence, LUGAR, Mr. LEAHY, Mr. GRAHAM, Mr. supra; as follows: and other necessary expenses incurred in the LIEBERMAN, Mr. ROTH, Mr. DODD, Mr. Strike all after the word ‘‘1998’’ on line 4 of performance of duties vested in the Commis- MACK, and Ms. MIKULSKI) proposed an the underlying amendment and substitute sion, but not in excess of the maximum amendment to amendment No. 981 pro- the following: amounts authorized under section 456 of title posed by Mr. LUGAR to the bill, S. 1022, SEC. . NATIONAL ENDOWMENT FOR DEMOC- 28, United States Code. supra; as follows: RACY. (2) PRIVATE MEMBERS.—Members of the On page 113, line 7, after the word ‘‘ex- For grants made by the United States In- Commission from private life shall receive pended.’’ insert the following new heading formation Agency to the National Endow- $200 for each day (including travel time) dur- and section: ment for Democracy as authorized by the ing which the member is engaged in the ac- National Endowment for Democracy Act, tual performance of duties vested in the NATIONAL ENDOWMENT FOR DEMOCRACY $30,000,000 to remain available until ex- Commission, plus reimbursement for travel, For grants made by the United States In- pended. The language on page 100, line 24 to subsistence, and other necessary expenses information Agency to the National Endow- wit, ‘‘$105,000,000’’ is deemed to be curred in the performance of such duties, but ment for Democracy as authorized by the ‘‘$75,000,000’’. This shall become effective one not in excess of the maximum amounts au- National Endowment Democracy Act, day after enactment of this Act.’’ thorized under section 456 of title 28, United $30,000,000 to remain available until ex- States Code. pended. This shall become effective one day (d) PERSONNEL.— after enactment of this Act. FEINSTEIN (AND OTHERS) (1) EXECUTIVE DIRECTOR.—The Commission On page 100, line 24, strike ‘‘$105,000,000’’ AMENDMENT NO. 986 may appoint an Executive Director who shall and insert ‘‘$75,000,000’’. Mrs. FEINSTEIN (for herself, Mr. receive compensation at a rate not exceeding LEAHY, Mrs. MURRAY, Mrs. BOXER, Mr. the rate prescribed for level V of the Execu- WARNER AMENDMENT NO. 983 REID, and Mr. BRYAN) proposed an tive Schedule under section 5316 of title 5, (Ordered to lie on the table.) amendment to the bill, S. 1022, supra; United States Code. Mr. WARNER submitted an amend- as follows: (2) STAFF.—The Executive Director, with ment intended to be proposed by him the approval of the Commission, may ap- On page 93, line 5, strike all through line 15 to the bill, S. 1022, supra; as follows: point and fix the compensation of such addi- on page 97 and insert the following new sec- tional personnel as the Executive Director In Section 112(c)(6)(A) before the semicolon tion: determines necessary, without regard to the insert the following: ‘‘subject to the provi- SEC. 305. COMMISSION ON STRUCTURAL ALTER- provisions of title 5, United States Code, gov- sions of the Federal Property and Adminis- NATIVES FOR THE FEDERAL COURTS erning appointments in the competitive trative Services Act of 1949, as amended, (40 OF APPEALS. service or the provisions of chapter 51 and U.S.C. 471 and following) and the Public (a) ESTABLISHMENT AND FUNCTIONS OF COM- subchapter III of chapter 53 of such title re- Buildings Act of 1959 (40 U.S.C. 601–619).’’ MISSION.— In Section 112(c)(6) be further amended by: lating to classification and General Schedule (1) ESTABLISHMENT.—There is established a pay rates. Compensation under this para- (1) striking the word ‘‘and’’ after the semi- Commission on Structural Alternatives for colon, (2) by inserting ‘‘and’’ after the semi- graph shall not exceed the annual maximum the Federal Courts of Appeals (hereinafter rate of basic pay for a position above GS–15 colon in subparagraph (B), and (3) by adding referred to as the ‘‘Commission’’). the following paragraphs (C): of the General Schedule under section 5108 of (2) FUNCTIONS.—The functions of the Com- ‘‘(C) The General Services Administration title 5, United States Code. mission shall be to— is authorized to and shall continue the on- (3) EXPERTS AND CONSULTANTS.—The Exec- (A) study the present division of the going procurement to consolidate or relocate utive Director may procure personal services United States into the several judicial cir- the organization’s headquarters facilities in of experts and consultants as authorized by cuits; accordance with the authority granted pur- section 3109 of title 5, United States Code, at suant to the Public Buildings Act of 1959 (40 (B) study the structure and alignment of rates not to exceed the highest level payable U.S.C. §§ 601–619) and authorizing Committee the Federal Court of Appeals system, with under the General Schedule pay rates under Resolutions.’’. particular reference to the Ninth Circuit; section 5332 of title 5, United States Code. In Section 112(c)(7)(A), strike ‘‘without re- and (4) SERVICES.—The Administrative Office of gard to’’ and insert ‘‘subject to’’, add ‘‘of (C) report to the President and the Con- the United States Courts shall provide ad- 1959’’ after ‘‘Public Buildings Act’’ and strike gress its recommendations for such changes ministrative services, including financial ‘‘and the’’ before ‘‘Stewart B. McKinney in circuit boundaries or structure as may be and budgeting services, to the Commission Homeless Assistance Act.’’ and insert ‘‘and appropriate for the expeditious and effective on a reimbursable basis. The Federal Judi- without regard to the’’. disposition of the caseload of the Federal cial Center shall provide necessary research In Section 112(c)(12) strike ‘‘including reve- Courts of Appeals, consistent with funda- services to the Commission on a reimburs- nues from the sale, lease, or disposal of any mental concepts of fairness and due process. able basis. real, personal, or mixed property, or interest (b) MEMBERSHIP.— (e) INFORMATION.—The Commission is au- therein,’’. (1) COMPOSITION.—The Commission shall be thorized to request from any department, composed of 10 members appointed as fol- agency, or independent instrumentality of LUGAR (AND OTHERS) lows: the Government any information and assist- AMENDMENT NO. 984 (A) One member appointed by the Presi- ance the Commission determines necessary dent of the United States. to carry out its functions under this section. Mr. LUGAR (for himself, Mr. LEAHY, (B) One member appointed by the Chief Each such department, agency, and inde- Mr. MCCONNELL, Mr. GRAHAM, Mr. Justice of the United States. pendent instrumentality is authorized to

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8101 provide such information and assistance to Act (15 U.S.C. 639(e)), unredacted copies of all forcement Block Grants under this heading, the extent permitted by law when requested documents requested by the Chairman of the $47,000,000 shall be for the Community Polic- by the Chair of the Commission. Committee on Small Business of the Senate ing to Combat Domestic Violence Program (f) REPORT.—No later than 18 months fol- in a letter of May 16, 1997, relating to the established pursuant to section 1701(d) of lowing the date on which its sixth member is program under section 7(a) of the Small part Q of the Omnibus Crime Control and appointed in accordance with subsection Business Act (15 U.S.C. 637(a)). Safe Streets Act of 1968: Provided further,’’ (b)(2), the Commission shall submit its re- after ‘‘Provided,’’. port to the President and the Congress. The SARBANES (AND OTHERS) Commission shall terminate 90 days after the AMENDMENT NO. 989 GRAHAM AMENDMENT NO. 993 date of the submission of its report. (g) CONGRESSIONAL CONSIDERATION.—No Mr. SARBANES (for himself, Mr. Mr. GRAHAM proposed an amend- later than 60 days after the submission of the MOYNIHAN, Mr. HATCH, Mr. JEFFORDS, ment to the bill, S. 1022, supra; as fol- report, the Committees on the Judiciary of Mr. KERRY, Mr. BIDEN, and Mr. LEAHY) lows: the House of Representatives and the Senate proposed an amendment to the bill, S. At the appropriate place in title I of the shall act on the report. 1022, supra; as follows: bill, insert the following: (h) AUTHORIZATION OF APPROPRIATIONS.— On page 124, beginning on line 5, strike all SEC. 1. Of the amounts made available There are authorized to be appropriated to through page 125, line 2. under this title under the heading ‘‘OFFICE the Commission such sums, not to exceed OF JUSTICE PROGRAMS’’ under the sub- $900,000, as may be necessary to carry out the heading ‘‘STATE AND LOCAL LAW ENFORCEMENT WELLSTONE AMENDMENTS NOS. purposes of this section. Such sums as are ASSISTANCE’’, not more than 90 percent of the appropriated shall remain available until ex- 990–991 amount otherwise to be awarded to an entity pended. (Ordered to lie on the table.) under the Local Law Enforcement Block f Mr. WELLSTONE submitted two Grant Program shall be made available to that entity, if it is made known to the Fed- UNITED NATIONS FRAMEWORK amendments intended to be proposed by him to the bill, S. 1022, supra; as fol- eral official having authority to obligate or CONVENTION ON CLIMATE expend such amounts that the entity em- CHANGE RESOLUTION lows: ploys a public safety officer (as that term is AMENDMENT NO. 990 defined in section 1204 of title I of the Omni- At the appropriate place in title V of the bus Crime Control and Safe Streets Act of KERRY (AND CHAFEE) bill, insert the following: 1968) does not provide an employee who is AMENDMENT NO. 987 SEC. 5 . For fiscal year 1998 and subse- public safety officer and who retires or is quent fiscal years, in determining, under sec- separated from service due to injury suffered (Ordered to lie on the table.) tion 1007(a)(2)(B) of the Legal Services Cor- as the direct and proximate result of a per- Mr. KERRY (for himself and Mr. poration Act (42 U.S.C. 2996f(a)(2)(B)), the eli- sonal injury sustained in the line of duty CHAFEE) submitted an amendment in- gibility for legal assistance of an individual while responding to an emergency situation tended to be proposed by them to the who is a victim of domestic violence, a re- or a hot pursuit (as such terms are defined resolution (S. Res. 98) expressing the cipient described in such section shall cal- by State law) with the same or better level sense of the Senate regarding the con- culate the assets and income described in of health insurance benefits that are other- such section as the assets and income of the ditions for the United States becoming wise paid by the entity to a public safety of- individual, rather than— ficer at the time of retirement or separation. a signatory to any international agree- (1) the assets and income of the spouse of ment on greenhouse gas emissions the individual; or DOMENICI AMENDMENT NO. 994 under the United Nations Framework (2) the joint assets and income of the indi- Convention on Climate Change; as fol- vidual and the spouse. Mr. DOMENICI proposed an amend- lows: ment to the bill, S. 1022, supra; as fol- AMENDMENT NO. 991 On page 4, line 13, after ‘‘period,’’ insert lows: At the appropriate place in title V of the the following: At the appropriate place in title I of the bill, insert the following: ‘‘(ii) provides countries with incentives and bill, insert the following: SEC. 5 . The Attorney General, in con- flexibility in reducing emissions cost-effec- sultation with the Legal Services Corpora- SEC. 1 . PUBLIC DISCLOSURE OF COURT AP- tively by using the market-oriented ap- POINTED ATTORNEYS’ FEES. tion, shall— proaches of emissions budgets, emissions (1) conduct a study, with respect to indi- Section 3006A(d) of title 18, United States trading, and appropriate joint implementa- viduals adversely affected due to changes in Code, is amended by striking paragraph (40 tion with all Parties, their Federal benefits resulting from the en- and inserting the following: ‘‘(iii) includes credible compliance mecha- actment of the Personal Responsibility and ‘‘(4) DISCLOSURE OF FEES.— ‘‘(A) IN GENERAL.—Subject to subpara- nisms, and Work Opportunity Reconciliation Act of 1996 graphs (B) through (E), the amounts paid ‘‘(iv) provides appropriate recognition for (Public Law 104–193), and the amendments under this subsection for services in any case countries that undertake emissions reduc- made by that Act, who otherwise would have shall be made available to the public by the tions prior to the start of the mandated re- obtained assistance from the Legal Services court upon the court’s approval of the pay- ductions;’’. Corporation or grantees thereof, but who ment. f were unable to obtain such assistance as a ‘‘(B) PRE-TRIAL OR TRIAL IN PROGRESS.—If a result of the enactment of section 504(a)(16) THE DEPARTMENTS OF COM- trial is in pre-trial status or still in progress of the Departments of Commerce, Justice, and after considering the defendant’s inter- MERCE, JUSTICE, AND STATE, and State, the Judiciary, and Related Agen- ests as set forth in subparagraph (D), the THE JUDICIARY, AND RELATED cies Appropriations Act, 1996 (Public Law court shall— AGENCIES APPROPRIATIONS ACT 104–134; 110 Stat. 1321–55), regarding— ‘‘(i) redact any detailed information on the FOR FISCAL YEAR 1998 (A) the estimated number of those individ- payment voucher provided by defense coun- uals; and (B) the legal, financial, and personal ef- sel to justify the expenses to the court; and ‘‘(ii) make public only the amounts ap- BOND AMENDMENT NO. 988 fects on those individuals, as appropriate, of that inability to obtain assistance from the proved for payment to defense counsel by (Ordered to lie on the table.) Legal Services Corporation or grantees diving those amounts into the following cat- Mr. BOND submitted an amendment thereof; and egories: intended to be proposed by him to the (2) not later than 180 days after the date of ‘‘(I) Arraignment and or plea. ‘‘(II) Bail and detention hearings. bill, S. 1022, supra; as follows: enactment of this Act, submit to Congress a report describing the results of the study ‘‘(III) Motions. On page 143, between lines 18 and 19, insert ‘‘(IV) Hearings. conducted under paragraph (1). the following: ‘‘(V) Interviews and conferences. SEC. 5 . Notwithstanding any other provi- ‘‘(VI) Obtaining and reviewing records. sion of law, no amount made available to the KERRY (AND OTHERS) ‘‘(VII) Legal research and brief writing. Small Business Administration under this AMENDMENT NO. 992 ‘‘(VIII) Travel time. title may be obligated or expended to carry Mr. KERRY (for himself, Mr. DODD, ‘‘(IX) Investigative work. out section 7(a) of the Small Business Act (15 ‘‘(X) Experts. Mrs. MURRAY, Mr. LAUTENBERG, and U.S.C. 637(a)) before the date on which the ‘‘(XI) Trial and appeals. Committees on Appropriations and the Com- Mr. JOHNSON) proposed an amendment ‘‘(XII) Other. mittees on Small Business of the House of to the bill, S. 1022, supra; as follows: ‘‘(C) TRIAL COMPLETED.— Representatives and the Senate receive, pur- On page 29, line 18, insert ‘‘That of the ‘‘(i) IN GENERAL.—If a request for payment suant to section 10(e) of the Small Business amount made available for Local Law En- is not submitted until after the completion

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8102 CONGRESSIONAL RECORD — SENATE July 24, 1997 of the trial and subject to consideration of before the date of enactment of the Prison SEC. . SENSE OF THE SENATE THAT THE FED- the defendant’s interests as set forth in sub- Litigation Reform Act of 1995 (110 Stat. 1321– ERAL GOVERNMENT SHOULD NOT paragraph (D), the court shall make avail- 165 et seq.) of compensation, expenses, or MANIPULATE UNIVERSAL SERVICE able to the public an unredacted copy of the costs relating to activities of the special SUPPORT PAYMENTS TO BALANCE THE FEDERAL BUDGET. expense voucher. master under this subsection that were car- Whereas the Congress reaffirmed the im- ROTECTION OF THE RIGHTS OF THE DE- ‘‘(ii) P ried out during the period beginning on the portance of universal service support for FENDANT.—If the court determines that de- date of enactment of the Prison Litigation telecommunications services by passing the fendant’s interests as set forth in subpara- Reform Act of 1995 and ending on the date of Telecommunications Act of 1996; graph (D) require a limited disclosure, the enactment of this subparagraph.’’. Whereas the Telecommunications Act of court shall disclose amounts as provided in 1996 required the Federal Communications subparagraph (B). COVERDELL AMENDMENT NO. 996 Commission to preserve and advance uni- ‘‘(D) CONSIDERATIONS.—The interests re- Mr. GREGG (for Mr. COVERDELL) pro- versal service based on the following prin- ferred to in subparagraphs (B) and (C) are ciples: (i) to protect any person’s 5th amendment posed an amendment to the bill, S. (A) Quality services should be available at right against self-incrimination; 1022, supra; as follows: just, reasonable, and affordable rates; ‘‘(ii) to protect the defendant’s 6th amend- At the appropriate place in title I of the (B) Access to advanced telecommuni- ment rights to effective assistance of coun- bill, insert the following: cations and information services should be sel; SEC. . REPORT ON COLLECTING DNA SAMPLES provided in all regions of the Nation; ‘‘(iii) the defendant’s attorney-client privi- FROM SEX OFFENDERS. (C) Consumers in all regions of the Nation, lege; (a) DEFINITIONS.—In this section— including low-income consumers and those ‘‘(iv) the work product privilege of the de- (1) the terms ‘‘criminal offense against a in rural, insular, and high cost areas, should fendant’s counsel; victim who is a minor’’, ‘‘sexually violent of- have access to telecommunications and in- ‘‘(v) the safety of any person and fense’’, and ‘‘sexually violent predator’’ have formation services, including interexchange ‘‘(vi) any other interest that justice may the meanings given those terms in section services and advanced telecommunications require. 170101(a) of the Violent Crime Control and and information services, that are reason- ‘‘(E) NOTICE.—The court shall provide rea- Law Enforcement Act of 1994 (42 U.S.C. ably comparable to those services provided sonable notice of disclosure to the counsel of 14071(a))); in urban areas and that are available at the defendant prior to the approval of the (2) the term ‘‘DNA’’ means rates that are reasonably comparable to payments in order to allow the counsel to re- deoxyribonucleic acid; and rates charged for similar services; quest redaction based on the considerations (3) the term ‘‘sex offender’’ means an indi- (D) All providers of telecommunications set forth in subparagraph (D). Upon comple- vidual who— services should make an equitable and non- tion of the trial, the court shall release (A) has been convicted in Federal court discriminatory contribution to the preserva- unredacted copies of the vouchers provided of— tion and advancement of universal service; by defense counsel to justify the expenses to (i) a criminal offense against a victim who (E) There should be specific, predictable, the court. If there is an appeal, the court is a minor; or and sufficient Federal and State mechanisms shall not release unredacted copies of the (ii) a sexually violent offense; or to preserve and advance universal service; vouchers provided by defense counsel to jus- (B) is a sexually violent predator. and tify the expenses to the court until such (b) REPORT.—From amounts made avail- (F) Elementary and secondary schools and time as the appeals process is completed, unable to the Department of Justice under this classrooms, health care providers, and librar- less the court determines that none of the title, not later than 180 days after the date of ies should have access to advanced tele- defendant’s interests set forth in subpara- enactment of this Act, the Attorney General communications services; graph (D) will be compromised.’’. shall submit to Congress a report, which Whereas Federal and state universal con- shall include a plan for the implementation tributions are administered by an inde- KYL AMENDMENT NO. 995 of a requirement that, prior to the release pendent, non-federal entity and are not de- (including probation, parole, or any other su- posited into the Federal Treasury and there- Mr. GREGG (for Mr. KYL) proposed pervised release) of any sex offender from fore not available for Federal appropriations; an amendment to the bill, S. 1022, Federal custody following a conviction for a Whereas the Conference Committee on supra; as follows: criminal offense against a victim who is a H.R. 2015, the Budget Reconciliation Bill, is considering proposals that would withhold At the appropriate place, insert the fol- minor or a sexually violent offense, the sex Federal and State universal service funds in lowing: offender shall provide a DNA sample to the appropriate law enforcement agency for in- the year 2002; and SEC. . SPECIAL MASTERS FOR CIVIL ACTIONS Whereas the withholding of billions of dol- CONCERNING PRISON CONDITIONS. clusion in a national law enforcement DNA database. lars of universal service support payments Section 3626(f) of title 18, United States will mean significant rate increases in rural Code, is amended— (c) PLAN REQUIREMENTS.—The plan submitted under subsection (b) shall include and high cost areas and will deny qualifying (1) by striking the subsection heading and schools, libraries, and rural health facilities inserting the following: recommendations concerning— (1) a system for— discounts directed under the Telecommuni- ‘‘(f) SPECIAL MASTERS FOR CIVIL ACTIONS (A) the collection of blood and saliva speci- cations Act of 1996: CONCERNING PRISON CONDITIONS.—’’; AND Now, therefore, be it (2) in paragraph (4)— mens from any sex offender; (B) the analysis of the collected blood and Resolved, That it is the sense of the Senate (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; saliva specimens for DNA and other genetic that the Conference Committee on HR 2015 (B) in subparagraph (A), as so designated, typing analysis; and should not manipulate, modify, or impair by adding at the end the following: ‘‘In no (C) making the DNA and other genetic typ- universal service support as a means to event shall a court require a party to a civil ing information available for law enforce- achieve a balanced Federal budget or achieve action under this subsection to pay the comment purposes only; Federal budget savings. pensation, expenses, or costs of a special (2) guidelines for coordination with exist- master. Notwithstanding any other provision ing Federal and State DNA and genetic typ- of law (including section 306 of the Act enti- BIDEN AMENDMENT NO. 998 ing information databases and for Federal tled ‘An Act making appropriations for the Mr. HOLLINGS (for Mr. BIDEN) pro- cooperation with State and local law in shar- Departments of Commerce, Justice, and ing this information; posed an amendment to the bill, S. State, the Judiciary, and related agencies for (3) addressing constitutional, privacy, and 1022, supra; as follows: the fiscal year ending September 30, 1997,’ related concerns in connection with the At the appropriate place, insert the fol- contained in section 101(a) of title I of divi- mandatory submission of DNA samples; and lowing: sion A of the Act entitled ‘An Act making (4) procedures and penalties for the preven- SEC. . EXTENSION OF VIOLENT CRIME REDUC- omnibus consolidated appropriations for the tion of improper disclosure or dissemination TION TRUST FUND. fiscal year ending September 30, 1997, (110 of DNA or other genetic typing information. Section 310001(b) of the Violent Crime Con- Stat. 3009–201)) and except as provided in sub- trol and Law Enforcement Act of 1994 (42 paragraph (B), the requirement under the U.S.C. 14211(b)) is amended— preceding sentence shall apply to the com- DORGAN (AND OTHERS) AMENDMENT NO. 997 (1) in paragraph (5), by striking ‘‘and’’ at pensation and payment of expenses or costs the end; of a special master for any action that is Mr. HOLLINGS (for Mr. DORGAN, for (2) in paragraph (6), by striking the period commenced, before, on, or after the date of himself, Mr. ROCKEFELLER, Mr. HOL- at the end and inserting a semicolon; and enactment of the Prison Litigation Reform LINGS, and Mr. DASCHLE) proposed an (3) by adding at the end the following: Act of 1995.’’; and ‘‘(7) for fiscal year 2001, $4,355,000,000; and (C) by adding at the end the following: amendment to the bill, S. 1022, supra; ‘‘(8) for fiscal year 2002, $4,455,000,000.’’. ‘‘(B) The payment requirements under sub- as follows: Beginning on the date of enactment of this paragraph (A) shall not apply to the pay- At the appropriate place, insert the fol- legislation, the non-defense discretionary ment to a special master who was appointed lowing: spending limits contained in Section 201 of

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8103 H. Con. Res. (105th Congress) are reduced as DORGAN AMENDMENT NO. 1003 exhibited by his desire to become a United follows: States citizen, a goal that was achieved in for fiscal year 2001, $4,355,000,000 in new Mr. HOLLINGS (for Mr. DORGAN) pro- 1981, 35 years after he began his commend- budget authority and $5,936,000,000 in out- posed an amendment to the bill, S. able service to the United States; and, lays; 1022, supra; as follows: Whereas, since 1949, John H. R. Berg has for fiscal year 2002, $4,455,000,000 in new On page 86, line 3 after ‘‘Secretary of Com- been employed by the United States Em- budget authority and $4,485,000,000 in out- merce.’’ insert the following: bassy in Paris where he is currently the lays; ‘‘SEC. 211. In addition to funds provided Chief of the Visitor’s and Travel Unit. And, elsewhere in this Act for the National Tele- this year has supported over 10,700 official BAUCUS (AND BURNS) communications and Information Adminis- visitors, 500 conferences, and over 15,000 official and unofficial reservations; and, AMENDMENT NO. 999 tration Information Infrastruction Grants program, $10,490,000 is available until ex- Whereas, John H. R. Berg’s reputation for ‘‘accomplishing the impossible’’ through his Mr. HOLLINGS (for Mr. BAUCUS for pended: Provided, That this amount shall be dedication, efficiency and knowledge has be- himself and Mr. BURNS) proposed an offset proportionately by reductions in ap- amendment to the bill, S. 1022, supra; come legend in the Foreign Service; and, propriations provided for the Department of Whereas, John H. R. Berg has just com- as follows: Commerce in Title II of this Act, provided pleted 50 years of outstanding service to the At the appropriate place, insert the fol- amounts provided: Provided further, That no United States Government with the United lowing: reductions shall be made from any appro- States Department of State, Notwithstanding any other provision of priations made available in this Act for the Therefore Be It Resolved, it is the Sense of law, the Economic Development Administra- National Oceanic and Atmospheric Adminis- the Senate that John H. R. Berg deserves the tion is directed to transfer funds obligated tration, National Institute of Standards and highest praise from the Congress for his and awarded to the Butte-Silver Bow Con- Technology and National Telecommuni- steadfast devotion, caring leadership, and solidated Local Government as Project Num- cations and Information Administration pub- lifetime of service to the United States Gov- ber 05–01–02822 to the Butte Local Develop- lic broadcasting facilities, planning and con- ernment. ment Corporation Revolving Loan Fund to struction.’’ be administered by the Butte Local Develop- LEAHY (AND KENNEDY) ment Corporation, such funds to remain DASCHLE AMENDMENT NO. 1004 AMENDMENT NO. 1007 available until expended. Mr. HOLLINGS (for Mr. DASCHLE) Mr. HOLLINGS (for Mr. LEAHY, for proposed an amendment to the bill, S. BINGAMAN AMENDMENT NO. 1000 himself and Mr. KENNEDY) proposed an 1022, supra; as follows: amendment to the bill, S. 1022, supra; Mr. HOLLINGS (for Mr. BINGAMAN) On page 29 of the bill, line 2, after ‘‘Center’’ as follows: proposed an amendment to the bill, S. insert the following: ‘‘, of which $100,000 shall At the appropriate place in the bill, insert 1022, supra; as follows: be available for a grant to Roberts County, the following new section: On page 65, between lines 9 and 10, insert South Dakota; and of which $900,000 shall be ‘‘The Administrative Office of the United the following: available for a grant to the South Dakota States Courts, in consultation with the Judi- SEC. 120. (a) Section 1(d) of the Foreign Division of Criminal Investigation for the cial Conference, shall conduct a study of the Agents Registration Act of 1938, as amended procurement of equipment for law enforce- average costs incurred in defending and pre- (22 U.S.C. 611(d)) is amended by inserting ment telecommunications, emergency com- siding over federal capital cases from the ini- after ‘‘The term ‘agent of a foreign prin- munications, and the state forensic labora- tial appearance of the defendant through the cipal’ ’’ the following: ‘‘(1) includes an entity tory’’. final appeal, and shall submit a written re- described in section 170(b)(1)(A)(vi) of the In- port to the Chairman and Ranking Members ternal Revenue Code of 1986 that receives, di- INOUYE AMENDMENT NO. 1005 of the Senate and House Committees on Ap- rectly or indirectly, from a government of a propriations and Judiciary on or before July foreign country (or more than one such gov- Mr. HOLLINGS (for Mr. INOUYE) pro- 1, 1998, containing recommendations on ernment) in any 12-month period contribu- posed an amendment to the bill, S. measures to contain costs in such cases, with tions in a total amount in excess of $10,000, 1022, supra; as follows: constitutional requirements. and that conducts public policy research, ‘‘: Provided Further, That the Attorney On page 93, strike the matter between lines General, shall review the practices of U.S. education, or information dissemination and 14 and 15 and insert the following: that is not included in any other subsection Attorneys’ Offices and relevant investigating ‘‘Ninth ...... California, Nevada.’’; agencies in investigating and prosecuting of 170(b)(1)(A), and (2)’’. On page 93, strike the matter between lines Section 3(d) of such Act (22 U.S.C. 613(d)) is federal capital cases, including before the 17 and 18 and insert the following: initial appearance of the defendant through amended by inserting ‘‘, other than an entity ‘‘Twelfth ...... Alaska, Arizona, Guam, referred to in section 1(d)(1),’’ after ‘‘Any final appeal, and shall submit a written re- Hawaii, Idaho, Mon- port to the Chairman and Ranking Members person’’. tana, Northern Mar- iana Islands, Oregon, of the Senate and House Committees on the Appropriations and Judiciary on or before BUMPERS AMENDMENT NO. 1001 Washington.’’. On page 94, strike lines 14 through 19 and July 1, 1998, containing recommendations on Mr. HOLLINGS (for Mr. BUMPERS) insert the following: measures to contain costs in such cases, con- proposed an amendment to the bill, S. ‘‘(1) is in California or Nevada is assigned sistent with constitutional requirements, 1022, supra; as follows: as a circuit judge on the new ninth circuit; and outlining a protocol for the effective, fis- (2) is in Alaska, Arizona, Guam, Hawaii, cally responsible prosecution of federal cap- At the appropriate place, insert the fol- ital cases’’. lowing new section: Idaho, Montana, Northern Mariana Islands, SEC. . The Office of Management and Oregon or Washington is assigned as a cir- Budget shall designate the Jonesboro- cuit judge on the twelfth circuit; and’’. REED (AND OTHERS) AMENDMENT Paragould, AR Metropolitan Statistical Area NO. 1008 in lieu of the Jonesboro, AR Metropolitan HARKIN (AND WARNER) Mr. HOLLINGS (for Mr. REED, for Statistical Area. The Jonesboro-Paragould, AMENDMENT NO. 1006 himself, Mr. HOLLINGS, Mr. MCCAIN, AR Metropolitan Statistical Area shall in- Mr. BURNS, and Mr. DURBIN) proposed clude both Craighead County, AR and Greene Mr. HOLLINGS (for Mr. HARKIN, for County, AR, in their entirety. himself and Mr. WARNER) proposed an an amendment to the bill, S. 1022, amendment to the bill, S. 1022, supra; supra; as follows: BYRD (AND HATCH) AMENDMENT as follows: At the appropriate place insert the following: NO. 1002 At the appropriate place, insert the fol- SEC. . SENSE OF THE SENATE WITH RESPECT TO Mr. HOLLINGS (for Mr. BYRD, for lowing new section: SLAMMING. himself and Mr. HATCH) proposed an SEC. . SENSE OF THE SENATE REGARDING THE (a) STATEMENT OF PURPOSE.—The purposes EXEMPLARY SERVICE OF JOHN H. R. amendment to the bill, S. 1022, supra; of this statement of the sense of the Senate BERG TO THE UNITED STATES are to— as follows: Whereas, John H. R. Berg began his service (1) protect consumers from the fraudulent On page 29 of the bill, on line 18, before the to the United States Government working transfer of their phone service provider; ‘‘:’’ insert the following: ‘‘, of which for the United States Army at the age of fif- (2) allow the efficient prosecution of phone $25,000,000 shall be for grants to states for teen after fleeing Nazi persecution in Ger- service providers who defraud consumers; programs and activities to enforce state laws many where his father died in the Auschwitz and prohibiting the sale of alcoholic beverages to concentration camp; and, (3) encourage an environment in which minors or the purchase or consumption of al- Whereas, John H. R. Berg’s dedication to consumers can readily select the telephone coholic beverages by minors’’. the United States Government was further service provider which best serves them.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8104 CONGRESSIONAL RECORD — SENATE July 24, 1997 (b) FINDINGS.—The Congress finds the fol- ROBB AMENDMENT NO. 1009 On page 125, strike lines 3–9. lowing: Mr. HOLLINGS (for Mr. ROBB) pro- (1) As the telecommunications industry posed an amendment to the bill, S. has moved toward competition in the long MCCAIN (AND KYL) AMENDMENT 1022, supra; as follows: distance market, consumers have increas- NO. 1015 ingly elected to change the company which On page 65, line 10, insert the following: provides their long-distance phone service. ‘‘SEC. 120. There shall be no restriction on Mr. GREGG (for Mr. MCCAIN, for As many as fifty million consumers now the use of Public Safety and Community Po- himself and Mr. KYL) proposed an change their long distance provider annu- licing Grants, authorized under title I of the amendment to the bill, S. 1022, supra; ally. 1994 Act, to support innovative programs to as follows: (2) The fluid nature of the long distance improve the safety of elementary and secondary school children and reduce crime on At the appropriate place, insert the fol- market has also allowed an increasing num- lowing: ber of fraudulent transfers to occur. Such or near elementary or secondary school WAIVER OF CERTAIN VACCINATION transfers have been termed ‘‘slamming’’, grounds.’’ REQUIREMENTS which constitutes any practice that changes a consumer’s long distance carrier without LAUTENBERG (AND HATCH) SEC. (a) IN GENERAL.—Section 212 of the the consumer’s knowledge or consent. AMENDMENT NO. 1010 Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the fol- (3) Slamming is now the largest single con- Mr. HOLLINGS (for Mr. LAUTENBERG, sumer complaint received by the Common lowing: for himself and Mr. HATCH) proposed an ‘‘(p) The Attorney General should exercise Carrier Bureau of the Federal Communica- amendment to the bill, S. 1022, supra; tions Commission. As many as one million the waiver authority provided for in sub- consumers are fraudulently transferred an- as follows: section (g)(2)(B) for any alien orphan apply- nually to a telephone consumer which they On page 75, line 3, strike all beginning with ing for an IR3 or IR4 category visa.’’. have not chosen. ‘‘$20,000,000,’’ through line 8 and insert the (4) The increased costs which consumers following: ‘‘such funds as are necessary, not face as a result of these fraudulent switches to exceed 2 percent of projected annual reve- STEVENS AMENDMENT NO. 1016 threaten to rob consumers of the financial nues of the Patent and Trademark Office, shall be made available from the sum appro- Mr. GREGG (for Mr. STEVENS) pro- benefits created by a competitive market- posed an amendment to the bill, S. place. priated in this paragraph for the staffing, operation, and support of said office once a 1022, supra; as follows: (5) The Telecommunications Act of 1996 plan for this office has been submitted to the sought to combat this problem by directing At the appropriate place, insert: House and Senate Committees on Appropria- that any revenues generated by a fraudulent SEC. . The second proviso of the second tions pursuant to section 605 of this Act.’’. transfer by payable to the company which paragraph under the heading ‘‘OFFICE OF THE the consumer has expressly chosen, not the CHIEF SIGNAL OFFICER.’’ in the Act entitled fraudulent transferor. BIDEN AMENDMENT NO. 1011 ‘‘An Act Making appropriations for the support of the Regular and Volunteer Army for (6) While the Federal Communications Mr. HOLLINGS (for Mr. BIDEN) pro- the fiscal year ending June thirtieth, nine- Commission has proposed and promulgated posed an amendment to the bill, S. teen hundred and one’’, approved May 26, 1900 regulations on this subject, the Commission 1022, supra; as follows: (31 Stat. 206; chapter 586; 47 U.S.C. 17), is re- has not been able to effectively deter the At the appropriate place, add the fol- pealed. practice of slamming due to a lack of pros- lowing: ecutorial resources as well as the difficulty ‘‘Section 1701(b)(2)(A) of title I of the Om- of proving that a provider failed to obtain nibus Crime Control and Safe Streets Act of DEWINE AMENDMENT NO. 1017 the consent of a consumer prior to acquiring 1968 (42 U.S.C. 3796dd) is amended to read as that consumer as a new customer. Commis- follows: Mr. GREGG (for Mr. DEWINE) pro- sion action to date has not adequately pro- ‘‘(A) may not exceed 20 percent of the posed an amendment to the bill, S. tected consumers. funds available for grants pursuant to this 1022, supra; as follows: (7) The majority of consumers who have subsection in any fiscal year.’’. been fraudulently denied the services of At the appropriate place, insert the following: their chosen phone service vendor do not ABRAHAM (AND KENNEDY) turn to the Federal Communications Com- SEC. . EXCLUSION FROM THE UNITED STATES mission for assistance. Indeed, section 258 of AMENDMENT NO. 1012 OF ALIENS WHO HAVE BEEN IN- VOLVED IN EXTRAJUDICIAL AND PO- Mr. GREGG (for Mr. ABRAHAM, for the Communications Act of 1934 directs that LITICAL KILLINGS IN HAITI. State commissions shall be able to enforce ENNEDY himself and Mr. K ) proposed an (a) GROUNDS FOR EXCLUSION.—None of the regulations mandating that the consent of a amendment to the bill, S. 1022, supra; funds appropriated or otherwise made avail- consumer be obtained prior to a switch of as follows: able in this Act shall be used to issue visas service. At the appropriate place, insert: ‘‘Provided to any person who— (8) It is essential that Congress provide the further, That none of the funds appropriated (1) has been credibly alleged to have or- consumer, local carriers, law enforcement, or otherwise made available to the Immigra- dered, carried out, or materially assisted in and consumer agencies with the ability to ef- tion and Naturalization Service may be used the extrajudicial and political killings of ficiently and effectively persecute those to accept, process, or forward to the Federal Antoine Izmery, Guy Malary, Father Jean- companies which slam consumers, thus pro- Bureau of Investigation any FD–258 finger- Marie Vincent, Pastor Antoine Leroy, viding a deterrent to all other firms which print card, or any other means used to trans- Jacques Fleurival, Mireille Durocher Bertin, provide phone services. mit fingerprints, for the purpose of con- Eugene Baillergeau, Michelange Hermann, (c) SENSE OF THE SENATE.—It is the sense ducting a criminal background check on any Max Mayard, Romulus Dumarsais, Claude of the Senate that— applicant for any benefit under the Immigra- Yves Marie, Mario Beaubrun, Leslie Grimar, (1) the Federal Communications Commis- tion and Nationality Act unless the appli- Joseph Chilove, Michel Gonzalez, and Jean- sion should, within 12 months of the date of cant’s fingerprints have been taken by an of- Hubert Feuille; enactment of this Act, promulgate regula- fice of the Immigration and Naturalization (2) has been included in the list presented tions, consistent with the Communications Service or by a law enforcement agency, to former President Jean-Bertrand Aristide Act of 1934 which provide law enforcement which may collect a fee for the service of by former National Security Council Advisor officials dispositive evidence for use in the taking and forwarding the fingerprints.’’ Anthony Lake in December 1995, and acted prosecution of fraudulent transfers of upon by President Rene Preval; presubscribed customers of long distance and HATCH AMENDMENT NO. 1013 (3) was a member of the Haitian presi- local service; and dential security unit who has been credibly (2) the Senate should examine the issue of Mr. GREGG (for Mr. HATCH) proposed alleged to have ordered, carried out, or ma- slamming and take appropriate legislative an amendment to the bill, S. 1022, terially assisted in the extrajudicial and po- action in the 105th Congress to better pro- supra; as follows: litical killings of Pastor Antoine Leroy and tect consumers from unscrupulous practices On page 2, lines 17 through 22, strike the Jacques Fleurival, or who was suspended by including, but not limited to, mandating the colon on line 17 and all that follows through President Preval for his involvement in or recording and maintenance of evidence con- ‘‘basis’’ on line 22. knowledge of the Leroy and Fleurival cerning the consent of the consumer to killings on August 20, 1996; switch phone vendors, establishing higher BURNS AMENDMENT NO. 1014 (4) was sought for an interview by the Fed- civil fines for violations, and establishing a eral Bureau of Investigation as part of its in- civil right of action against fraudulent pro- Mr. GREGG (for Mr. BURNS) proposed quiry into the March 28, 1995, murder of viders, as well as criminal sanctions for re- an amendment to the bill, S. 1022, Mireille Durocher Bertin and Eugene peated and willful instances of slamming. supra; as follows: Baillergeau, Jr., and was credibly alleged to

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8105 have ordered, carried out, or materially as- 1996 (110 Stat. 1245) is amended by striking ‘‘1 AUTHORITY FOR COMMITTEES TO sisted in those murders, per a June 28, 1995, year after the date of enactment of this Act’’ MEET letter to the then Minister of Justice of the and inserting ‘‘October 1, 1999’’. Government of Haiti, Jean-Joseph Exume; COMMITTEE ON ARMED SERVICES (5) was a member of the Haitian High Com- Mr. GREGG. Mr. President, I ask mand during the period 1991 through 1994, COATS AMENDMENT NO. 1020 unanimous consent that the Com- and has been credibly alleged to have mittee on Armed Services be author- planned, ordered, or participated with mem- Mr. GREGG (for Mr. COATS) proposed ized to meet on Thursday, July 24, 1997, bers of the Haitian Armed Forces in— an amendment to the bill, S. 1022, at 9:30 a.m. in open session, to consider (A) the September 1991 coup against any supra; as follows: the nomination of John J. Hamre, to be person who was a duly elected government On page 139, after line 13 insert the fol- Deputy Secretary of Defense. official of Haiti (or a member of the family lowing: The PRESIDING OFFICER. Without of such official), or (B) the murders of thousands of Haitians GAMBLING IMPACT STUDY COMMISSION objection, it is so ordered. during the period 1991 through 1994; or SALARIES AND EXPENSES COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION (6) has been credibly alleged to have been a For necessary expenses of the National member of the paramilitary organization Gambling Impact Study Commission, Mr. GREGG. Mr. President, I ask known as FRAPH who planned, ordered, or $1,000,000, to remain available until ex- unanimous consent that the Com- participated in acts of violence against the pended: Provided, That funds made available mittee on Commerce, Science, and Haitian people. for this purpose shall be taken from funds Transportation be authorized to meet (b) EXEMPTION.—Subsection (a) shall not made available on page 23, line 21. on Thursday, July 24, 1997, at 9:30 a.m. apply if the Secretary of State finds, on a case-by-case basis, that the entry into the on management and program weak- United States of a person who would other- nesses at NASA and National Science wise be excluded under this section is nec- STEVENS (AND OTHERS) Foundation. essary for medical reasons or such person AMENDMENT NO. 1021 The PRESIDING OFFICER. Without has cooperated fully with the investigation objection, it is so ordered. Mr. GREGG (for Mr. STEVENS, Mr. of these political murders. If the Secretary COMMITTEE ON GOVERNMENTAL AFFAIRS KERRY, and Mrs. FEINSTEIN) proposed of State exempts any such person, the Sec- Mr. GREGG. Mr. President, I ask an amendment to the bill, S. 1022, retary shall notify the appropriate congres- unanimous consent on behalf of the supra; as follows: sional committees in writing. Governmental Affairs Committee Spe- (c) REPORTING REQUIREMENT.—(1) The At the appropriate place in the bill, insert United States chief of mission in Haiti shall cial Investigation to meet on Thurs- the following: ‘‘Provided further, That not to day, July 24, 1997, at 10 a.m. for a hear- provide the Secretary of State a list of those exceed $2,000,000 may be made available for who have been credibly alleged to have or- the 1999 Women’s World Cup Organizing ing on campaign financing issues. dered or carried out the extrajudicial and po- Committee cultural exchange and exchange The PRESIDING OFFICER. Without litical killings mentioned in paragraph (1) of related activities associated with the 1999 objection, it is so ordered. subsection (a). Women’s World Cup.’’ COMMITTEE ON ENVIRONMENT AND PUBLIC (2) The Secretary of State shall submit the WORKS list provided under paragraph (1) to the ap- f Mr. GREGG. Mr. President, I ask propriate congressional committees not unanimous consent that the full Com- later than 3 months after the date of enact- mittee on Environment and Public ment of this Act. NOTICES OF HEARINGS (3) The Secretary of State shall submit to Works be granted permission to con- the appropriate congressional committees a COMMITTEE ON INDIAN AFFAIRS duct a business meeting Thursday, list of aliens denied visas, and the Attorney Mr. CAMPBELL. Mr. President, I July 24, 1997, at 9:30 a.m. hearing room General shall submit to the appropriate con- would like to announce that the Senate (SD–406) gressional committees a list of aliens refused Committee on Indian Affairs will meet The PRESIDING OFFICER. Without entry to the United States as a result of this on Wednesday, July 30, 1997, at 9:30 objection, it is so ordered. provision. a.m. to mark-up S. 569, a bill to amend COMMITTEE ON FOREIGN RELATIONS (4) The Secretary of State shall submit a the Indian Child Welfare Act of 1978; to Mr. GREGG. Mr. President, I ask report under this subsection not later than 6 unanimous consent that the Com- months after the date of enactment of this be followed immediately by an Over- Act and not later than March 1 of each year sight Hearing on the Special Trustee’s mittee on Foreign Relations be author- thereafter as long as the Government of ‘‘Strategic Plan’’ to reform the man- ized to meet during the session of the Haiti has not completed the investigation of agement of Indian Trust Funds. The Senate on Thursday, July 24, 1997, at the extrajudicial and political killings and hearing will be held in room 106 of the 9:30 a.m. and 11:30 a.m. to hold hear- has not prosecuted those implicated for the Dirksen Senate Office Building. ings. killings specified in paragraph (1) of sub- Those wishing additional information The PRESIDING OFFICER. Without section (a). objection, it is so ordered. (d) DEFINITION.—In this section, the term should contact the Committee on In- dian Affairs at 224–2251. COMMITTEE ON THE JUDICIARY ‘‘appropriate congressional committees’’ Mr. GREGG. Mr. President, I ask means the Committee on International Rela- COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- tions of the House of Representatives and RESOURCES mittee on the Judiciary, be authorized the Committee on Foreign Relations of the Mr. MURKOWSKI. Mr. President, I Senate. to hold an executive business meeting would like to announce for the public during the session of the Senate on that an oversight hearing has been Thursday, July 24, 1997, at 9 a.m. in HELMS (AND BIDEN) AMENDMENT scheduled before the Committee on En- NO. 1018 room 226 of the Senate Dirksen Office ergy and Natural Resources. Building.. Mr. GREGG (for Mr. HELMS, for him- The hearing will take place Thurs- The PRESIDING OFFICER. Without self and Mr. BIDEN) proposed an amend- day, July 31, 1997, at 9:30 a.m. in room objection, it is so ordered. ment to the bill, S. 1022, supra; as fol- SD–366 of the Dirksen Senate Office COMMITTEE ON LABOR AND HUMAN RESOURCES lows: Building in Washington, DC. Mr. GREGG. Mr. President, I ask On page 114, strike lines 14–23. The purpose of this hearing is to re- unanimous consent that the Com- ceive testimony from the Forest Serv- mittee on Labor and Human Resources WARNER (AND OTHERS) ice on their organizational structure, be authorized to meet for a hearing on AMENDMENT NO. 1019 staffing, and budget for the Alaska re- Higher Education Act Reauthorization Mr. GREGG (for Mr. WARNER, for gion. during the session of the Senate on himself, Mr. LEAHY, and Mr. ROBB) pro- Those who wish to submit written Thursday, July 24, 1997, at 10 a.m. posed an amendment to the bill, S. statements should write to the Com- The PRESIDING OFFICER. Without 1022, supra; as follows: mittee on energy and Natural Re- objection, it is so ordered. At the appropriate place in title I of the sources, U.S. Senate, Washington, DC COMMITTEE ON LABOR AND HUMAN RESOURCES bill, insert the following: 20510. For further information, please Mr. GREGG. Mr. President, I ask SEC. 1 . Section 233(d) of the Anti call Judy Brown or Mark Rey at (202) unanimous consent that the Com- terrorism and Effective Death Penalty Act of 224–6170. mittee on Labor and Human Resources

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Without the National Park System, and to ex- Appropriations Committee for their ef- objection, it is so ordered. amine the criteria used to determine forts to help America’s veterans. SELECT COMMITTEE ON INTELLIGENCE national significance. f Mr. GREGG. Mr. President, I ask The PRESIDING OFFICER. Without objection, it is so ordered. PROGRESS FOR WOMEN’S unanimous consent that the Select ATHLETICS IN WEST VIRGINIA Committee on Intelligence be author- SUBCOMMITTEE ON SECURITIES ∑ ized to meet during the session of the Mr. GREGG. Mr. President, I ask Mr. ROCKEFELLER. Mr. President, I Senate on Thursday, July 24, 1997, at unanimous consent that the Sub- want to reflect on the positive results 2:30 p.m. to hold a closed hearing on in- committee on Securities of the Com- of our country’s growing commitment telligence matters. mittee on Banking, Housing, and to equal opportunities for women in The PRESIDING OFFICER. Without Urban affairs be authorized to meet college sports and to the elimination of objection, it is so ordered. during the session of the Senate on discrimination in our Nation’s educational programs. During this time of SUBCOMMITTEE ON ANTITRUST, BUSINESS Thursday, July 24, 1997, to conduct an RIGHTS, AND COMPETITION oversight hearing on securities litiga- commemorating the 25th anniversary Mr. GREGG. Mr. President, I ask tion abuses. of title IX, Americans recognize the unanimous consent that the Sub- The PRESIDING OFFICER. Without success of our Nation’s athletes as they committee on Antitrust, Business objection, it is so ordered. continue to grow both on the field and in the classroom. Rights, and Competition of the Senate f I take this opportunity to commend Committee on the Judiciary, be au- VETERANS’ BENEFITS the achievement of women in college thorized to meet during the session of and university sports and to support the Senate on Thursday, July 24, 1997, Mr. GRAMS. Mr. President, I rise to their advancement in the athletic at 1:30 p.m. to hold a hearing in room commend the members of the Sub- world. Expanded opportunities for 226, Senate Dirksen Building, on: ‘‘De- committee on VA/HUD Appropriations women as a result of title IX have en- fense Consolidation: Antitrust and for their work to provide adequate ben- abled more young women from all are- Competition Issues.’’ efits to veterans. In a letter to the nas to challenge themselves and each The PRESIDING OFFICER. Without Chairman, I urged the subcommittee to other, develop the competitive spirit, objection, it is so ordered. support a level of spending that adequately funded veterans’ benefits in and truly enrich their academic lives. SUBCOMMITTEE ON CLEAN AIR, WETLANDS, rightful recognition of their efforts to In West Virginia, title IX’s impact on PRIVATE PROPERTY, AND NUCLEAR SAFETY defend our country in war. I am pleased college and university sports is made Mr. GREGG. Mr. President, I ask to learn that the VA will get a full ap- clear by the success of their women’s unanimous consent that the Sub- propriation which shows a total budget athletic programs. It pleases me to see committee on Clean Air, Wetlands, Pri- increase of $222.6 million above last the competitive spirit grow within vate Property, and Nuclear Safety be year and $92.9 million above the Presi- West Virginia and to include the aspi- granted permission to conduct a hear- dent’s request. rations of our daughters as well as our ing Thursday, July 24, at 9:45 a.m., I also applaud their foresight in vot- sons. I am proud to commend our indi- hearing room (SD–406). ing $68 million additional funding over vidual athletes who deserve praise for The PRESIDING OFFICER. Without the President’s request for the medical their constant and persistent efforts. objection, it is so ordered. care account. The high priority which Over the past years, West Virginia’s SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS the subcommittee placed on this area fine institutions that include, to cite Mr. GREGG. Mr. President, I ask reflects the heightened concern the just one example, Bluefield State Col- unanimous consent that the Sub- country feels for providing appropriate lege, in Bluefield, WV, have given committee on Forests and Public health care to those who have served scholarship money that significantly Lands of the Committee on Energy and us so well. increased participation in women’s Natural Resources be granted permis- The mandatory spending has also athletics. Alderson-Broaddus College in sion to meet during the session of the been increased by $1.26 billion over last Phillipi, WV, in this past year alone Senate on Thursday, July 24, for pur- year for pensions and compensation. has had an award-winning WVIAC poses of conducting a subcommittee Mr. President, I am pleased that the women’s softball team, with players hearing which is scheduled to begin at subcommittee has included a provision like Laura Granger, who balances a 10 a.m. The purpose of this hearing is which will allow the VA to retain competitive sports schedule, her hon- to receive testimony on H.R. 858 and S. third-party collections, which I have ors GPA, and her enrollment in a dif- 1028, to direct the Secretary of Agri- long supported, in addition to the reg- ficult sports medicine program. culture to conduct a pilot project on ular appropriation. This additional es- At the University of Charleston [UC], designated lands within Plumas, Lasse, timated $604 million will be retained by the Golden Eagles Volleyball Team and Tahoe National Forests in the the VA medical centers giving the care. complied an impressive 29–4 record in State of California to demonstrate the This will provide much needed addi- 1996 and continues to strive toward suc- effectiveness of the resource manage- tional revenue which should allow the cess. UC’s basketball team is also on ment activities proposed by the Qunicy centers to treat more veterans. It will the high rise with athletes like Jodie Library Group and to amend current also provide an incentive to improve Prenger, who plays Division II basket- land and resource management. health care for more veterans at each ball and spends the rest of her time de- The PRESIDING OFFICER. Without of the 171 facilities throughout the voted to academics. objection, it is so ordered. country. With a devotion to the team and to SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC The committee report supports the their own growth as individuals, these PRESERVATION, AND RECREATION restructuring efforts of the Veterans women athletes will provide role mod- Mr. GREGG. Mr. President, I ask Health Administration; I will be inter- els for our future daughters. I can see unanimous consent that the Sub- ested to see the results of this effort how perseverence learned in athletics committee on National Parks, Historic over the next 5 years as this, too, will contributes to the academic lives of Preservation, and Recreation of the improve health care for our veterans. I these high-achieving students. Committee on Energy and Natural Re- also share the subcommittee’s concerns I am pleased to hear of the progress sources be granted permission to meet that the VA has yet to develop a na- we as a State have made by supporting during the session of the Senate on tionwide plan for community-based greater opportunities for women in Thursday, July 24, for purposes of con- outpatient clinics to ensure equitable sports, and I want to continue to honor

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As proach not only gave law professors a lard Hurst. the struggle to root out discrimination shot at omniscience but also spared As the acknowledged grandfather of from all realms of life continues, I am them from having to learn other dis- American legal history, Hurst’s legacy very proud to say West Virginia is a ciplines, set foot in a courtroom or is not only a new field of study, but strong part of the extraordinary state legislature, or even step outside.’’ generations of law students, and dozens progress that America is celebrating As Margolick added, from the moment of distinguished scholars. Willard during title IX’s anniversary year.∑ he arrived at the University of Wis- Hurst was a giant intellect, but a f consin Law School, Professor Hurst gentle giant who cared about his stu- changed all that. dents and who loved his adopted State. EMERITUS LAW PROFESSOR J. University of Wisconsin Emeritus I was privileged to have known him.∑ WILLARD HURST Law Professor Bill Foster said Hurst f ∑ Mr. FEINGOLD. Mr. President, last forced people to think of problems sep- month, this Nation lost one of its most arate from the law in an historic sense CHANGE OF CLOTURE MOTION distinguished scholars when J. Willard and think about the economic, social SIGNATORIES Hurst, Emeritus Professor of Law at and political consequences. ‘‘He trained Mr. GREGG. Mr. President, I ask the University of Wisconsin, died at his us to see around corners.’’ As Stanford unanimous consent that Senator FAIR- home. He was 86. Professor Hendrik Hartog noted, CLOTH’s name be removed from the clo- Professor Hurst was that wonderful Hurst’s interest in the relationship be- ture motion filed on July 23 and re- and rare combination of truly gifted tween the law and social sciences, espe- placed by Senator SESSIONS. scholar and great teacher. Indeed, his cially economics, was really a study of The PRESIDING OFFICER. Without scholarship was so profound, it was re- how law was experienced by people. objection, it is so ordered. sponsible for the creation of a new field That approach to studying law found f of study, and today Willard Hurst is a nurturing home at the University of widely recognized as the Founding Fa- Wisconsin, which was heavily influ- EXECUTIVE SESSION ther of American legal history. enced by the so-called Wisconsin Idea, Hurst was born in Rockford, IL in the Progressive Era philosophy which 1910. He graduated Phi Beta Kappa encouraged scholars to view the entire EXECUTIVE CALENDAR from Williams College in 1932 and went State as their campus, and which envi- Mr. GREGG. Mr. President, I ask on to Harvard Law School, where he sioned academics as a vital resource unanimous consent that the Senate im- graduated at the top of his class in for reform-minded government. mediately proceed to executive session 1935. Willard Hurst and Wisconsin were a to consider the following nominations Hurst worked as a research fellow for perfect match. Hurst loved Wisconsin. on the Executive Calendar: Nos. 186 Prof. Felix Frankfurter, who was later On three occasions he turned down of- through 199; the nominations placed on named to the U.S. Supreme Court, and fers to be Dean of the Yale Law School. the Secretary’s desk in the Air Force, clerked for Supreme Court Justice He also turned down the offer of a chair Army, Marine Corps, and Navy; and the Louis D. Brandeis before heading to at Harvard. Hurst said, ‘‘I guess I was nomination of John Hamre, to be Dep- Wisconsin, at Brandeis’s suggestion, just too pleasure-loving. I was having uty Secretary of Defense, which was re- where he joined the University of Wis- too good a time in Wisconsin.’’ ported from the Armed Services Com- consin law school faculty. At Wisconsin, Hurst was a prolific mittee today. When Hurst first joined the law writer, contributing to law reviews, I further ask unanimous consent that school faculty, Dean Lloyd Garrison writing articles, and authoring over a the nominations be confirmed, en bloc, encouraged him to design a program in dozen books, including ‘‘The Law Mak- the motions to reconsider be laid upon law and society that investigated how ers’’ (1950), ‘‘Law and Conditions of the table, and any statements related the State’s legal system and economy Freedom’’ (1956), ‘‘Law and Social to the nominations appear at this point related to each other. Hurst began that Process in U.S. History’’ (1960), ‘‘Jus- in the RECORD, and the President be project by studying the law’s impact tice Holmes on Legal History’’ (1964), immediately notified of the Senate’s on the State’s lumber industry, re- and ‘‘A Legal History of Money in the action, and the Senate then return to search that would result in his seminal United States’’ (1973). legislative session. work, ‘‘Law and Economic Growth: The Hurst was more than a great original The PRESIDING OFFICER. Without Legal History of the Wisconsin Lumber thinker. He was an enormously tal- objection, it is so ordered. Industry.’’ That landmark study chron- ented and caring teacher. Robben The nominations were considered and icled the social and economic forces Fleming, former president of the Uni- confired, en bloc, as follows: that shaped and used the laws of prop- versity of Michigan and former Chan- IN THE AIR FORCE erty, contracts, accident compensa- cellor of the University of Wisconsin, The following Air Force National Guard of tion, and other legal areas to destroy said that Hurst was the finest teacher the United States officer for appointment in the greatest natural stand of timber in he ever had. University of Wisconsin the Reserve of the Air Force, to the grade in- the world between 1830 and 1900. Law Professor Stewart Macaulay said dicated, under title 10, United States Code, That work was a classic application Hurst was wonderfully generous. section 12203: of the new scholarly discipline of ‘‘What Willard would do is go out to To be brigadier general American legal history, a discipline lunch with someone who was an abso- Col. Tommy L. Daniels, 0000 Hurst himself had created—his great lute beginner. He would give you time, The following-named officers for appoint- legacy and a field he dominated di- make incredible suggestions, make ment in the U.S. Air Force to the grade indirectly or indirectly even in retirement. contacts for you.’’ cated while assigned to a position of impor- As Lawrence M. Friedman of Stanford Willard Hurst continued to be an aca- tance and responsibility under title 10, Law School was quoted as saying of demic force in retirement with a United States Code, section 601: legal historians, ‘‘You’re either a steady flow of research and writing. As To be lieutenant general Hurstian or a revisor of Hurst.’’ Margolick reported in the Times, even Maj. Gen. William J. Begert, 0000 In a 1990 article in the New York in retirement Hurst remained one of Maj. Gen. Lance W. Lord, 0000 Times about Professor Hurst, David the few legal scholars whose work IN THE ARMY Margolick wrote of the state of the could be ‘‘measured in shelf feet—and The following-named officers for appoint- study of law when Hurst attended law shelf feet of bona fide research rather ments in the Regular Army to the grade in- school. ‘‘The law was a self-contained than cut-and-paste cases and com- dicated under title 10, United States Code, science and the law library its labora- ments.’’ section 624: tory,’’ Margolick reported. ‘‘One need A number of his books became stand- To be brigadier general not study how law actually affected ard texts for law students. In fact, I Col. Edwin J. Arnold, Jr., 0000 people or how legal institutions still remember of the five books I was Col. John R. Batiste, 0000

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Col. Buford C. Blount III, 0000 To be rear admiral DEPARTMENT OF DEFENSE Col. Steven W. Boutelle, 0000 Rear Adm. (lh) John A. Gauss, 0000 John J. Hamre, of South Dakota, to be Col. John S. Brown, 0000 NOMINATIONS PLACED ON THE SECRETARY’S Deputy Secretary of Defense. Col. Edward T. Buckley, Jr., 0000 DESK STATEMENTS ON THE NOMINATION OF JOHN J. Col. Eddie Cain, 0000 IN THE AIR FORCE, ARMY, FOREIGN SERVICE, HAMRE FOR DEPUTY SECRETARY OF DEFENSE Col. Kevin T. Campbell, 0000 Mr. DASCHLE. Mr. President, it is a Col. Jonathan H. Cofer, 0000 MARINE CORPS, NAVY Col. Bantz J. Craddock, 0000 Air Force nominations beginning James W. distinct pleasure for me to convey to Col. Keith W. Dayton, 0000 Adams, and ending Michael B. Wood, which the entire Senate what I commu- Col. Barbara Doornink, 0000 nominations were received by the Senate and nicated to the Senate Armed Services Col. Paul D. Eaton, 0000 appeared in the Congressional Record of Committee earlier today—I am an en- Col. Jeanette K. Edmunds, 0000 June 17, 1997. thusiastic supporter of John Hamre for Col. Karl W. Eikenberry, 0000 Air Force nominations beginning James M. Deputy Secretary of Defense. I am Abatti, and ending Scott A. Zuerlein, which Col. Dean R. Ertwine, 0000 pleased to note that the committee re- Col. Steven W. Flohr, 0000 nominations were received by the Senate and appeared in the Congressional Record of July ported out his nomination unani- Col. Nicholas P. Grant, 0000 mously. Evidently they, like many of Col. Stanley E. Green, 0000 8, 1997. Army nomination of Juliet T. Tanada, Col. Craig D. Hackett, 0000 their colleagues, are already well which was received by the Senate and ap- Col. Franklin L. Hagenbeck, 0000 aware of John’s exceptional back- peared in the Congressional Record of June Col. Hubert L. Hartsell, 0000 ground and skills, and his impressive 17, 1997. Col. George A. Higgins, 0000 record. Therefore, I will not belabor Army nominations beginning Cornelius S. Col. James C. Hylton, 0000 these points—except to say that I McCarthy, and ending *Todd A. Mercer, Col. Gene M. LaCoste, 0000 which nominations were received by the Sen- think they make John an excellent Col. Michael D. Maples, 0000 ate and appeared in the Congressional choice for this critically important Col. Philip M. Mattox, 0000 Record of June 23, 1997. post. Col. Dee A. McWilliams, 0000 Army nominations beginning Terry L. Less known to some of my colleagues Col. Thomas F. Metz, 0000 Belvin, and ending James A. Zernicke, which perhaps is the fact that John is from Col. Daniel G. Mongeon, 0000 nominations were received by the Senate and South Dakota, my home State. In fact, Col. William E. Mortensen, 0000 appeared in the Congressional Record of Col. Raymond T. Odierno, 0000 John was born in the tiny town of Wil- June 27, 1997. low Lake, South Dakota and grew up Col. Eric T. Olson, 0000 Army nominations beginning Daniel J. Col. James W. Parker, 0000 Adelstein, and ending *Alan S. McCoy, which in Clark, SD. His rise to the No. 2 civil- Col. Ricardo S. Sanchez, 0000 nominations were received by the Senate and ian position in the world’s number one Col. John R. Schmader, 0000 appeared in the Congressional Record of July military force is a tribute not only to Col. Gary D. Speer, 0000 8, 1997. John and his family, but to the entire Col. Mitchell H. Stevenson, 0000 Army nomination of Maureen K. Leboeuf, state of South Dakota and its people. Col. Carl A. Strock, 0000 which was received by the Senate and ap- Like many of the families in our Col. Charles H. Swannack, Jr., 0000 peared in the Congressional Record of July 8, state, John’s family’s story reads like Col. Hugh B. Tant III, 0000 1997. a Charles Kuralt profile of small-town Col. Terry L. Tucker, 0000 Army nominations beginning James A. Col. William G. Webster, Jr., 0000 Barrineau, Jr., and ending Deborah C. Wheel- America. His maternal grandfather was Col. John R. Wood, 0000 ing, which nominations were received by the a Lutheran preacher who lived to be 100 The following-named officers for appoint- Senate and appeared in the Congressional years old (which should eliminate any ment as the Judge Advocate General* and Record of July 8, 1997. chance of John having to take an early the Assistant Judge Advocate General**, Foreign Service nomination of Marilyn E. retirement). His paternal grandfather U.S. Army and for appointment to the grade Hulbert, which was received by the Senate was a farmer and county sheriff. One of indicated under title 10, United States Code, and appeared in the Congressional Record of John’s uncles, Julian, was killed in ac- section 3037: February 13, 1997. tion as an aviator in the Pacific during To be major general Foreign Service nominations beginning John R. Swallow, and ending George S. World War II. John’s father, Mel, was a Brig. Gen. Walter B. Huffman, 0000* Dragnich, which nominations were received banker and his mother, Ruth, was a Brig. Gen. John D. Altenburg, Jr., 0000** by the Senate and appeared in the Congres- teacher. They have lived in Clark all The following-named officers for appoint- sional Record of April 25, 1997. their adult lives. If you happen to visit ments in the U.S. Army to the grade indi- Marine Corps nomination of Thomas W. Clark on a Sunday morning, chances cated while assigned to a position of impor- Spencer, which was received by the Senate are you would hear them performing tance and responsibility under title 10, and appeared in the Congressional Record of with their church choir. United States Code, section 601: June 23, 1997. Marine Corps nomination of Dennis M. John graduated with a degree in po- To be lieutenant general litical science from Augustana College Maj. Gen. Montgomery C. Meigs, 0000 Arinello, which was received by the Senate and appeared in the Congressional Record of in Sioux Falls, SD. After that, he did Lt. Gen. John N. Abrams, 0000 what every political scientist does: Maj. Gen. William H. Campbell, 0000 June 23, 1997. Marine Corps nomination of Carlo A. Maj. Gen. Roger G. Thompson, Jr., 0000 headed off to Harvard to earn a mas- Montemayor, which was received by the Sen- Maj. Gen. Michael S. Davison, Jr., 0000 ters degree in Divinity. It was the first ate and appeared in the Congressional To be general time he had ever really been away from Record of June 23, 1997. South Dakota. From Harvard, John Gen. William W. Crouch, 0000 Marine Corps nominations beginning went on to earn a masters degree and The following-named officer for appoint- Demetrice M. Babb, and ending John E. ment in the Regular Army of the United Zeger, Jr., which nominations were received doctorate degree in 1978 from the Johns States to the grade indicated under title 10, by the Senate and appeared in the Congres- Hopkins School of Advanced Inter- United States Code, section 624: sional Record of June 27, 1997. national Studies. I would just note par- Marine Corps nomination of Anthony J. To be major general enthetically: If John is confirmed, he Zell, which was received by the Senate and Brig. Gen. Warren C. Edwards, 0000 may be the first Deputy Secretary of appeared in the Congressional Record of July Defense who can say the Lord’s Pray- IN THE NAVY 8, 1997. Marine Corps nomination of Mark G. Gar- er—in Russian. The following-named officers for appoint- After graduate school, John joined ment in the Reserve of the Navy to the grade cia, which was received by the Senate and indicated under title 10, United States Code, appeared in the Congressional Record of July the staff of the Congressional Budget section 12203: 8, 1997. Office [CBO]. In 1984, he joined the staff Navy nominations beginning John A. To be rear admiral of the Senate Armed Services Com- Achenbach, and ending Sreten Zivovic, mittee, where he developed a reputa- Rear Adm. (lh) Thomas J. Hill, 0000 which nominations were received by the Sen- tion for being able to work closely with Rear Adm. (lh) Douglas L. Johnson, 0000 ate and appeared in the Congressional Rear Adm. (lh) Jan H. Nyboer, 0000 both sides of the aisle. Record of June 12, 1997. John was appointed Undersecretary Rear Adm. (lh) Paul V. Quinn, 0000 Navy nominations beginning Layne M. K. The following-named officers for appoint- Araki, and ending Charles F. Wrightson, of Defense—comptroller by former De- ment in the U.S. Navy to the grade indicated which nominations were received by the Sen- fense Secretary Les Aspin. In his new under title 10, United States Code, section ate and appeared in the Congressional position, John will be the second high- 624: Record of July 8, 1997. est-ranking civilian in the Pentagon’s

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8109 chain of command. The Deputy Sec- pursued a policy on progress payments The IG is planning on a kick off date retary of Defense is one of the most that the Inspector General [IG] had de- of October 1, 1997. critical national security positions in clared illegal. At the meeting, Senator LEVIN raised the U.S. Government. He or she is The General Accounting Office [GAO] questions about the cost of the new given full power and authority to act has just completed another review of policy. for the secretary of Defense in the sec- the Department’s progress payment Mr. Hamre responded by saying that retary’s absence. policy. he would have to add 50 people to the As a indication of the trust and con- As of July 21, 1997, the GAO report in- DFAS work force. fidence Secretary Cohen has in John’s dicates that the policy declared illegal The extra people would be needed to talents, he recently asked John to head by the IG remains in operation. manually process the payments under up the Defense Management Reform It remains in operation today—at the new policy. Task Force—perhaps the most critical this very moment. The software necessary to support study the Pentagon will undertake in Mr. President, I am happy to report automated computer processing will the next decade or so. If our available that Mr. Hamre has promised to not be available until the year 2000 or defense resources are to match our pro- change the policy. beyond, according to Mr. Hamre. claimed defense policies for the 21st He has made a commitment to bring Now, Mr. President, that sounds like century, it is crucial that the Pentagon the Department’s progress payment more Pentagon nonsense to me. adopt more efficient business methods. policy into compliance with the law. Businesses, like NationsBank, rou- The task force John will head is This happened at an important meet- tinely conduct 15.5 million comparable charged with the responsibility of over- ing on Tuesday evening, July 22d. matching operations in a single day— The meeting took place in the office hauling the Defense Department’s ac- using computers. of Senator STROM THURMOND, chairman counting methods and streamlining its The software is here—now! of the Armed Services Committee. business practices. Such reforms are This is off-the-shelf stuff—not lead- This meeting was attended by Sen- long overdue and much needed if we are ing edge technology. ators THURMOND, LEVIN, WARNER, and to get a dollar of defense for each dol- DFAS needs to get on the stick. lar we provide the Pentagon. On behalf the Senator from Iowa. The nominee, Mr. Hamre, was also Senator LEVIN also insisted that the of the Congress, I wish John well in new policy should apply just to new this endeavor and will be closely fol- present. Mr. President, I don’t quite know contracts—and not be retroactive. lowing his progress. That makes sense to me. Anyone who has spent any time with how this meeting came about, but I suspect that my good friend from Vir- Senator LEVIN raised one other very John Hamre knows his passion for de- valid concern. ginia, Senator WARNER, was the moti- fense policy. From his days at CBO in He said: ‘‘Maybe we need to change the late 1970’s to his present position at vating force behind it. I would like to extend a special word the law? Maybe the law governing the Department of Defense, he has of thanks to my friend from Virginia these payments doesn’t make sense?’’ demonstrated time and again his mas- These are valid questions. They need tery of defense policy issues. Through- for helping me out. He helped me find a reasonable solu- to be explored. out his career, Dr. Hamre has consist- tion to a very difficult dilemma. But I would like to offer a word of ently demonstrated an even-handed- The Senator from Virginia was in- caution on this point. ness and objectivity. That has allowed strumental in resolving the dispute. If Congress should decide to change him, in turn, to establish and maintain At this important meeting, Mr. the law—as Mr. Hamre proposed late good relations with members of the Hamre made a commitment to bring last year, Congress must then change Congress. The regard in which he is the department’s progress payment the way the money is appropriated. held by both parties will enable him to policy into compliance with the law. We must never allow DOD to merge serve the President well. Even more To do that, the IG says DOD has the appropriations at the contract importantly, it will enable him to taken two distinct steps. level, while Congress continues to ap- serve his country well. Step One: The Director of Defense propriate and segregate money in spe- In conclusion, it is an honor and a Procurement, Ms. Eleanor Spector, is cial accounts. privilege to commend a true South Da- issuing a new contract regulation— That would subvert the whole appro- kotan, a man who has dedicated his life known as a DFAR. priations process. to integrity, love of his country and The DFAR will authorize contracting If DOD were authorized to merge the outstanding achievement, and who will officers—or ACO’s—to require that money at the contract level, then Con- serve his country well as Deputy Sec- each contract contains specific funding gress would have to consolidate ac- retary of Defense. instructions. counts upstream in appropriations. Mr. GRASSLEY. Mr. President, I These would be fund citations. We might, for example, create an ac- come to the floor today to announce Step Two: The Comptroller, Mr. quisition account by merging R&D and my support for Mr. John J. Hamre’s Hamre, has ordered the Defense Fi- procurement money in one big account. nomination to be the next Deputy Sec- nance and Accounting Service or DFAS Quite frankly, Mr. President, I don’t retary of Defense. to shut down the current operation. think that idea would be a very pop- Mr. President, my support in favor of DFAS must issue payment instruc- ular around here. the Hamre nomination may come as a tions that match up with the DFAR. Segregating the money in the R&D This would allow DFAS to match the surprise to some of my colleagues. and procurement accounts gives Con- A yes vote on the Hamre nomination money with the work performed—as re- gress some broad and general control may appear to be totally inconsistent quired by law. over how the money is used—as in- with all that I have said here on the This would allow the disbursing offi- tended by the Constitution. floor about the nominee. cers to post payments to the correct Mr. President, I left the meeting in I have made a series of critical accounts. speeches about Mr. Hamre since Janu- Since DOD makes about $20 billion a Sentor THURMOND’s office believing ary. year in progress payments, this should that something important had been ac- I have criticized Mr. Hamre for fail- help to clean up the books. complished. ing to control the money and make It should cut down on overpayments First, Mr. Hamre made a commit- sure it is spent according to law. and erroneous payments. ment to bring the Department’s policy I have attempted to hold him ac- It should cut down on costly rec- into compliance with the law. countable. onciliation work done by the big ac- Second, it was agreed that the IG In my book, accountability in gov- counting firms like Coopers & Lybrand. would send a letter to the committee. ernment should be a top priority. The new policy should save money. This letter would serve two purposes. My criticism of Mr. Hamre boils But the fix won’t happen overnight. The IG would certify that the De- down to one main problem area. It will take time to phase down the partment had taken the two steps nec- As Chief Financial Officer at the De- old system and get the new policy up essary to bring the policy into compli- partment of Defense [DOD], Mr. Hamre and running. ance with the law.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8110 CONGRESSIONAL RECORD — SENATE July 24, 1997 And the IG would agree to provide policy declared illegal by the Inspector Gen- Nation, on the protection of our na- Congress with periodic follow-up re- eral remains in operation today—at this very tional interests, and on the well-being ports to ensure that the new policy is, moment. of the men and women of our Armed in fact, executed. John, that’s the bad news. There is some Forces. I have complete confidence in good news, however. Mr. President, I have the IG’s letter I can see a solution looming up on the ho- John Hamre’s ability to perform these here in my hand. rizon. important responsibilities. It provides the assurances I sought. The IG is telling me that Mr. Hamre is John is, of course, very well known With those assurances in hand, I can moving to bring the policy into compliance to many Members of the Senate from support the Hamre nomination with a with the law. The IG says that the depart- the 8 years he spent on the staff of the clear conscience. ment must issue: 1) new contract (DFAR) Senate Armed Services Committee. I ask unanimous consent that my let- regulations; and 2) The Defense Finance and Since leaving the committee staff in Accounting Service must issue new payment ter requesting certification by the IG 1993, John has moved on to serve as the and the IG’s response be printed in the instructions to match the DFAR regulations. The IG says the new policy directives are in Comptroller and Chief Financial Offi- RECORD. the process of being issued. The new policy cer of the Department of Defense. INSPECTOR GENERAL, must then be put into practice. In this capacity, John has devoted a DEPARTMENT OF DEFENSE, John, I will not oppose the Hamre nomina- tremendous amount of time and energy Arlington, VA, July 23, 1997. tion if two conditions are met: 1) The IG cer- to bringing about meaningful and Hon. STROM THURMOND, tifies in writing that the department has much-needed reform in financial man- Chairman, Committee on Armed Services, taken the two steps necessary to bring the U.S. Senate, Washington, DC. agement within DOD. John would be policy into compliance with the law; and 2) the first to acknowledge that the job is DEAR MR. CHAIRMAN: This is in response to The IG provides Congress with periodic re- your request for my views as to whether the ports to ensure that the new policy is, in far from finished, but the progress Department of Defense has made a good faith fact, being executed. under his leadership has been substan- effort to address previous audit findings on Your assistance in this matter is appre- tial in my view. For example: progress payments to contractors and wheth- ciated. DOD is in the process of consoli- er the Department has established a reason- Sincerely, dating its accounting offices, moving able schedule to implement the changes CHARLES E. GRASSLEY, from 333 offices to only 21 in less than needed to bring progress payment practices U.S. Senator into compliance with fiscal law. 5 years. DOD had closed 230 accounting On June 30, 1997, the Director, Defense Pro- offices through fiscal year 1996 and is U.S. SENATE, curement, issued the requisite contracting COMMITTEE ON ARMED SERVICES, scheduled to close an additional 103 in guidance in draft form for comment. While Washington, DC, July 24, 1997. fiscal year 1997 and fiscal year 1998. we cannot prejudge or speculate as to the Senator CHARLES E. GRASSLEY, As a result, DOD has been able to re- outcome of the comment period, I can tell U.S. Senate, duce employment at the Defense Fi- you that at this time this office concurs with Washington, DC nance and Accounting Service [DFAS] the draft guidance as written. The guidance DEAR CHUCK: Enclosed is a copy of a letter from more than 31,000 in fiscal year should be issued in final form by October 1, from the Department of Defense Inspector 1997. 1993 to 24,000 today. DFAS operating General received today by the Committee on costs have dropped 25 percent in 4 The first elements of the necessary guid- Armed Services. The letter addresses the ance for paying offices, two Under Secretary concerns that you expressed in the meeting years, from $1.6 billion in fiscal year of Defense (Comptroller) memoranda, were in my office on July 22. 1993 to $1.2 billion in fiscal year 1997, in signed out today. Given current statutory re- With kindest regards and best wishes, constant fiscal year 1993 dollars. quirements, we believe that the procedures Sincerely, DOD has consolidated its civilian pay and timelines outlined in those memoranda STROM THURMOND, systems from 25 systems in fiscal year are appropriate at this time and demonstrate Chairman. 1991 to 2 systems today and hopes to be positive movement toward fixing this longstanding problem. Between now and the Mr. GRASSLEY. Mr. President, I down to a single system next year. The planned October 1, 1997, implementation date only hope Mr. Hamre understands my system that DOD has designated to for the new progress payment distribution position on this issue. take over all civilian pay accounts has policy, we will work with the Comptroller From day one, I have merely tried to gone from handling 15 percent of DOD and the Defense Finance and Accounting hold him accountable for the improper accounts in fiscal year 1992 to a pro- Service to ensure that sound desk procedures progress payment policy. jected 73 percent in fiscal year 1996 and are developed for the paying offices. I do my best to watchdog the Pen- 83 percent in fiscal year 1997. This office is already auditing various as- DOD has consolidated its military pects of DoD vendor payment operations and tagon. will ensure that coverage of the implementa- And when the IG tells me something pay systems from 24 systems in fiscal tion of the new progress payment procedures is wrong, then I’m going to speak out. year 1991 to 4 systems today and hopes receives high priority. We will provide peri- I’m going to dig and bore in—until to be down to 2 systems next year, with odic status reports to the Department and things are right. only the Marine Corps maintaining a the Congress starting in January 1998. That’s what I did in this case. separate system. The system that DOD Thank you for seeking our views on this I believe that together we have craft- has designated to take over all mili- important issue. If we can be of further as- ed a constructive solution to this prob- tary pay accounts has gone from han- sistance in this matter, please contact me or lem. Mr. Robert J. Lieberman, Assistant Inspec- dling 15 percent of DOD accounts, other tor General for Auditing, at (703) 604–8900. I thank the committee for its leader- than Marine Corps accounts, in fiscal Sincerely, ship and for helping me resolve this year 1991 to a projected 65 percent in ELEANOR HILL, issue. fiscal year 1996 and 90 percent in fiscal Inspector General. Mr. LEVIN. Mr. President, I strongly year 1997. support the nomination of Dr. John DOD contract overpayments have U.S. SENATE, Hamre to be Deputy Secretary of De- dropped from $592 million in fiscal year Washington, DC, July 21, 1997. fense. The position of the Deputy Sec- 1993 to $184 million in fiscal year 1996. Hon. JOHN W. WARNER, retary of Defense is one of the most im- The two most significant categories U.S. Senate, Washington, DC portant members of the Secretary of of problem disbursements—unmatched DEAR JOHN: I am writing to clarify my po- Defense’s team. The Deputy serves as disbursements and negative unliqui- sition on the nomination of Mr. John J. the Secretary’s alter ego; he tradition- dated obligations [NULO]—have Hamre to be Deputy Secretary of Defense. ally exercises primary responsibility dropped from $34.3 billion in June 1993 My opposition to Mr. Hamre’s nomination for the internal management of the De- to $7.9 billion in January 1997. Un- boils down to one main problem area. As partment of Defense; and he acts for matched disbursements are cases in Chief Financial Officer at the Department of the Secretary when the Secretary is which a payment has been made, but Defense, Mr. Hamre aggressively pursued a absent. cannot be matched to its obligation au- policy on progress payments that the Inspec- tor General (IG) declared illegal. The Gen- Those are all very important respon- thority; NULO’s are cases in which too eral Accounting Office has just completed a sibilities. The decisions that Secretary much money is disbursed, for example, review of the department’s progress payment Cohen and his deputy make will have a contractor overpayments, or the wrong policy. This report clearly indicates that the major impact on the security of our obligation has been charged.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 24, 1997 CONGRESSIONAL RECORD — SENATE S8111 The third category of problem dis- On June 30, 1997, the Director, Defense Pro- Resolution 98, the global warming reso- bursements—in-transit disburse- curement, issued the requisite contracting lution. ments—has increased recently, but is guidance in draft form for comment. While The PRESIDING OFFICER. Without still down substantially over the long we cannot prejudge or speculate as to the objection, it is so ordered. outcome of the comment period, I can tell run, from $16.8 billion in June 1993 to you that at this time this office concurs with f $11.1 billion in January 1997. In-transit the draft guidance as written. The guidance PROGRAM disbursements are cases in which a should be issued in final form by October 1, payment has been made, but the obli- 1997. Mr. GREGG. For the information of gation has not yet been matched to its The first elements of the necessary guid- all Members, tomorrow the Senate will obligation authority, and more than ance for paying offices, two Under Secretary begin consideration of Senate Resolu- 180 days have passed. of Defense (Comptroller) memoranda, were tion 98, the global warming resolution. Over the last several months, a num- signed out today. Given current statutory re- By previous consent, there are two quirements, we believe that the procedures ber of statements have been made amendments in order to the resolution and timelines outlined in those memoranda with a vote on the resolution occurring about Dr. Hamre’s handling of progress are appropriate at this time and demonstrate payments under complex contracts positive movement toward fixing this long- at 11:30 a.m. Following disposition of using money from more than one ap- standing problem. Between now and the Senate Resolution 98, the Senate may propriation. While there is no evidence planned October 1, 1997, implementation date proceed to a cloture on the tuna-dol- that the existing progress payment for the new progress payment distribution phin legislation, if an agreement is not system has ever resulted in a violation policy, we will work with the Comptroller reached prior to the global warming of the Antideficiency Act, Dr. Hamre and the Defense Finance and Accounting resolution. Also, by consent, at 5 p.m. Service to ensure that sound desk procedures has acknowledged that this system is on Monday, the Senate will begin con- are developed for the paying offices. sideration of the transportation appro- incapable of meeting all applicable re- This office is already auditing various as- quirements, and he has been working pects of DoD vendor payment operations and priations bill. However, as announced hard to address the problem. will ensure that coverage of the implementa- by the majority leader, there will be no On Wednesday afternoon, I received a tion of the new progress payment procedures rollcall votes during Monday’s session letter from Eleanor Hill—the inspector receives high priority. We will provide peri- of the Senate. As a reminder to all general of the Department of Defense— odic status reports to the Department and Members, following the votes on Fri- who first identified the progress pay- the Congress starting in January 1998. day, the next votes will be a series of ment issue. In response to a joint re- Thank you for seeking our views on this votes occurring on Tuesday at 9:30 a.m. important issue. If we can be of further as- on the Commerce, Justice, State appro- quest from the chairman of the Armed sistance in this matter, please contact me or Services Committee and myself, Ms. Mr. Robert J. Kieberman, Assistant Inspec- priations bill. Hill reviewed the steps taken by Dr. tor General for Auditing, at (703) 604–8900. f Hamre to address the progress payment Sincerely, ADJOURNMENT UNTIL 9:30 A.M. ELEANOR HILL, issue. Her letter concludes: TOMORROW Given current statutory requirements, we Inspector General. believe that the procedures and timelines f Mr. GREGG. Mr. President, if there outlined in those memoranda are appropriate is no further business to come before at this time and demonstrate positive move- LEGISLATIVE SESSION the Senate, I now ask that the Senate ment toward fixing this longstanding prob- The PRESIDING OFFICER. The Sen- stand in adjournment under the pre- lem. ate will now return to legislative ses- vious order. I am pleased that Dr. Hamre has sion. There being no objection, the Senate, taken the actions necessary to address f at 10:22 p.m., adjourned until Friday, the progress payment issue in compli- July 25, 1997, at 9:30 a.m. MEASURE READ FOR THE FIRST ance with existing requirements. But f we also need to make sure that these TIME—S. 1065 changes are in the best interest of the Mr. GREGG. Mr. President, I under- NOMINATIONS taxpayers and the Department of De- stand that S. 1065, which was intro- Executive nominations received by fense. I have asked Dr. Hamre to reduced earlier today by Senator SPEC- the Senate July 24, 1997: view the issue and let the Armed Serv- TER, is at the desk, and I ask for its THE JUDICIARY ices Committee know if any legislative first reading. CHARLES R. BREYER, OF CALIFORNIA, TO BE U.S. DIS- changes may be needed in this regard. The PRESIDING OFFICER. The TRICT JUDGE FOR THE NORTHERN DISTRICT OF CALI- FORNIA VICE D. LOWELL JENSEN, RETIRED. Mr. President, I think President Clin- clerk will report. FRANK C. DAMRELL, JR., OF CALIFORNIA, TO BE U.S. ton and Secretary Cohen have made an The assistant legislative clerk read DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALI- FORNIA VICE EDWARD J. GARCIA, RETIRED. excellent choice with this nomination. as follows: MARTIN J. JENKINS, OF CALIFORNIA, TO BE U.S. DIS- I strongly support John Hamre’s nomi- A bill (S. 1065) to amend the Ethics in Gov- TRICT JUDGE FOR THE NORTHERN DISTRICT OF CALI- FORNIA VICE EUGENE F. LYNCH, RETIRED. nation to be Deputy Secretary of De- ernment Act with respect to the appoint- JORGE C. RANGEL, OF TEXAS, TO BE U.S. CIRCUIT fense, Mr. Chairman, and I look for- ment of independent counsel. JUDGE FOR THE FIFTH CIRCUIT, VICE WILLIAM L. GARWOOD, RETIRED. ward to working closely with him and Mr. GREGG. I now ask for its second Secretary Cohen in the future. reading, and object to my own request f Mr. President, I ask unanimous con- on behalf of the other side of the aisle. CONFIRMATIONS sent that Ms. Hill’s letter be printed in The PRESIDING OFFICER. Objec- Executive nominations confirmed by the RECORD. tion is heard. the Senate July 24, 1997: There being no objection, the letter was or- The bill will remain at the desk and DEPARTMENT OF DEFENSE dered to be printed in the RECORD, as follows: have its next reading on the next legis- INSPECTOR GENERAL, JOHN J. HAMRE, OF SOUTH DAKOTA, TO BE DEPUTY lative day. SECRETARY OF DEFENSE. DEPARTMENT OF DEFENSE, f THE ABOVE NOMINATION WAS APPROVED SUBJECT TO Arlington, VA, July 23, 1997. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- Hon. CARL LEVIN, ORDERS FOR FRIDAY, JULY 25, 1997 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Committee on Armed Services, CONSTITUTED COMMITTEE OF THE SENATE. U.S. Senate, Mr. GREGG. Mr. President, I ask IN THE AIR FORCE Washington, DC. unanimous consent that when the Sen- THE FOLLOWING AIR FORCE NATIONAL GUARD OF THE DEAR SENATOR LEVIN: This is in response ate completes its business today, it U.S. OFFICER FOR APPOINTMENT IN THE RESERVE OF to your request for my views as to whether stand in adjournment until the hour of THE AIR FORCE, TO THE GRADE INDICATED, UNDER the Department of Defense has made a good TITLE 10, UNITED STATES CODE, SECTION 12203: 9:30 a.m. on Friday, July 25. I further To be brigadier general faith effort to address previous audit find- ask that on Friday, immediately fol- ings on progress payments to contractors COL. TOMMY L. DANIELS, 0000. lowing the prayer, the routine requests and whether the Department has established THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT a reasonable schedule to implement the through the morning hour be granted IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE and the Senate immediately begin con- ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- changes needed to bring progress payment SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- practices into compliance with fiscal law. sideration of Calendar No. 120, Senate TION 601:

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 9801 E:\1997SENATE\S24JY7.REC S24JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S8112 CONGRESSIONAL RECORD — SENATE July 24, 1997 To be lieutenant general THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be rear admiral IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- MAJ. GEN. WILLIAM J. BEGERT, 0000. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- REAR ADM. (LH) JOHN A. GAUSS, 0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE 601: IN THE AIR FORCE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- To be lieutenant general AIR FORCE NOMINATIONS BEGINNING JAMES W ADAMS, SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- AND ENDING MICHAEL B WOOD, WHICH NOMINATIONS TION 601: MAJ. GEN. MONTGOMERY C. MEIGS, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD OF JUNE 17, 1997 To be lieutenant general IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- AIR FORCE NOMINATIONS BEGINNING JAMES M SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- MAJ. GEN. LANCE W. LORD, 0000. ABATTI, AND ENDING SCOTT A ZUERLEIN, WHICH NOMI- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION NATIONS WERE RECEIVED BY THE SENATE AND AP- 601: IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD OF JULY 8, 1997 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT To be lieutenant general IN THE ARMY IN THE REGULAR ARMY TO THE GRADE INDICATED LT. GEN. JOHN N. ABRAMS, 0000. UNDER TITLE 10, UNITED STATES CODE, SECTION 624: THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF JULIET T. TANADA, WHICH WAS To be brigadier general IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- RECEIVED BY THE SENATE AND APPEARED IN THE CON- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- GRESSIONAL RECORD OF JUNE 17, 1997 COL. EDWIN J. ARNOLD, JR., 0000. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ARMY NOMINATIONS BEGINNING CORNELIUS S. MCCAR- COL. JOHN R. BATISTE, 0000. 601: THY, AND ENDING * TODD A. MERCER, WHICH NOMINA- COL. BUFORD C. BLOUNT, III, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. STEVEN W. BOUTELLE, 0000. To be lieutenant general IN THE CONGRESSIONAL RECORD OF JUNE 23, 1997 COL. JOHN S. BROWN, 0000. MAJ. GEN. WILLIAM H. CAMPBELL, 0000. ARMY NOMINATIONS BEGINNING TERRY L. BELVIN, COL. EDWARD T. BUCKLEY, JR., 0000. AND ENDING JAMES A. ZERNICKE, WHICH NOMINATIONS COL. EDDIE CAIN, 0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- COL. KEVIN T. CAMPBELL, 0000. CONGRESSIONAL RECORD OF JUNE 27, 1997 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- COL. JONATHAN H. COFER, 0000. ARMY NOMINATIONS BEGINNING DANIEL J. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION COL. BANTZ J. CRADDOCK, 0000. ADELSTEIN, AND ENDING * ALAN S. MCCOY, WHICH NOMI- 601: COL. KEITH W. DAYTON, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. BARBARA DOORNINK, 0000. To be general PEARED IN THE CONGRESSIONAL RECORD OF JULY 8, 1997 COL. PAUL D. EATON, 0000. ARMY NOMINATION OF MAUREEN K. LEBOEUF, WHICH COL. JEANETTE K. EDMUNDS, 0000. GEN. WILLIAM W. CROUCH, 0000. WAS RECEIVED BY THE SENATE AND APPEARED IN THE COL. KARL W. EIKENBERRY, 0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD OF JULY 8, 1997 COL. DEAN R. ERTWINE, 0000. IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- ARMY NOMINATIONS BEGINNING JAMES A. BARRINEAU, COL. STEVEN W. FLOHR, 0000. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- JR., AND ENDING DEBORAH C. WHEELING, WHICH NOMI- COL. NICHOLAS P. GRANT, 0000. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. STANLEY E. GREEN, 0000. 601: PEARED IN THE CONGRESSIONAL RECORD OF JULY 8, 1997 COL. CRAIG D. HACKETT, 0000. To be lieutenant general COL. FRANKLIN L. HAGENBECK, 0000. IN THE MARINE CORPS COL. HUBERT L. HARTSELL, 0000. MAJ. GEN. ROGER G. THOMPSON, JR., 0000. COL. GEORGE A. HIGGINS, 0000. MARINE CORPS NOMINATION OF THOMAS W. SPENCER, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. JAMES C. HYLTON, 0000. WHICH WAS RECEIVED BY THE SENATE AND APPEARED IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- COL. GENE M. LACOSTE, 0000. IN THE CONGRESSIONAL RECORD OF JUNE 23, 1997. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- COL. MICHAEL D. MAPLES, 0000. MARINE CORPS NOMINATION OF DENNIS M. ARINELLO, BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION COL. PHILIP M. MATTOX, 0000. WHICH WAS RECEIVED BY THE SENATE AND APPEARED 601: COL. DEE A. MCWILLIAMS, 0000. IN THE CONGRESSIONAL RECORD OF JUNE 23, 1997. COL. THOMAS F. METZ, 0000. To be lieutenant general MARINE CORPS NOMINATION OF CARLO A. COL. DANIEL G. MONGEON, 0000. MONTEMAYOR, WHICH WAS RECEIVED BY THE SENATE COL. WILLIAM E. MORTENSEN, 0000. MAJ. GEN. MICHAEL S. DAVISON, JR., 0000. AND APPEARED IN THE CONGRESSIONAL RECORD OF COL. RAYMOND T. ODIERNO, 0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JUNE 23, 1997. COL. ERIC T. OLSON, 0000. IN THE REGULAR ARMY OF THE UNITED STATES TO THE MARINE CORPS NOMINATIONS BEGINNING DEMETRICE COL. JAMES W. PARKER, 0000. GRADE INDICATED UNDER TITLE 10, UNITED STATES M. BABB, AND ENDING JOHN E. ZEGER, JR., WHICH NOMI- COL. RICARDO S. SANCHEZ, 0000. CODE, SECTION 601: NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. JOHN R. SCHMADER, 0000. To be major general PEARED IN THE CONGRESSIONAL RECORD OF JUNE 27, COL. GARY D. SPEER, 0000. 1997. COL. MITCHELL H. STEVENSON, 0000. BRIG. GEN. WARREN C. EDWARDS, 0000. MARINE CORPS NOMINATION OF ANTHONY J. ZELL, COL. CARL A. STROCK, 0000. WHICH WAS RECEIVED BY THE SENATE AND APPEARED COL. CHARLES H. SWANNACK, JR., 0000. IN THE NAVY IN THE CONGRESSIONAL RECORD OF JULY 8, 1997. COL. HUGH B. TANT, III, 0000. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MARINE CORPS NOMINATION OF MARK G. GARCIA, COL. TERRY L. TUCKER, 0000. IN THE RESERVE OF THE NAVY TO THE GRADE INDI- WHICH WAS RECEIVED BY THE SENATE AND APPEARED COL. WILLIAM G. WEBSTER, JR., 0000. CATED UNDER TITLE 10, UNITED STATES CODE, SECTION IN THE CONGRESSIONAL RECORD OF JULY 8, 1997. COL. JOHN R. WOOD, 0000. 12203: IN THE NAVY THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT To be rear admiral AS THE JUDGE ADVOCATE GENERAL* AND THE ASSIST- NAVY NOMINATIONS BEGINNING JOHN A. ACHENBACH, ANT JUDGE ADVOCATE GENERAL**, U.S. ARMY AND FOR REAR ADM. (LH) THOMAS J. HILL, 0000. AND ENDING SRETEN ZIVOVIC, WHICH NOMINATIONS APPOINTMENT TO THE GRADE INDICATED UNDER TITLE REAR ADM. (LH) DOUGLAS L. JOHNSON, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE 10, UNITED STATES CODE, SECTION 3037: REAR ADM. (LH) JAN H. NYBOER, 0000. CONGRESSIONAL RECORD OF JUNE 12, 1997. To be major general REAR ADM. (LH) PAUL V. QUINN, 0000. NAVY NOMINATIONS BEGINNING LAYNE M.K. ARAKI, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND ENDING CHARLES F. WRIGHTSON, WHICH NOMINA- BRIG. GEN. WALTER B. HUFFMAN, 0000*. IN THE U.S. NAVY TO THE GRADE INDICATED UNDER TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIG. GEN. JOHN D. ALTENBURG, JR., 0000**. TITLE 10, UNITED STATES CODE, SECTION 624: IN THE CONGRESSIONAL RECORD OF JULY 8, 1997.

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