E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, FRIDAY, AUGUST 2, 1996 No. 117 Senate The Senate met at 10:30 a.m., and was the American people in passing con- morrow, if we are unable to complete called to order by the President pro ference reports which are completed action on these important matters. tempore [Mr. THURMOND]. and ready to go to the President for his Mr. President, if I could continue, I signature. Truly monumental accom- am prepared now to ask consent to ap- PRAYER plishments can be achieved today—or prove the nomination of Ann Mont- The Chaplain, Dr. Lloyd John tomorrow. We have a lot of work to do, gomery to be a district judge for Min- Ogilvie, offered the following prayer: but it is work that we can finish, I nesota. I would like to do that. I am Gracious Father, our hearts are filled think, in a responsible and agreeable also, though, then going to move to ap- with gratitude. We are thankful that way. prove the Commodities Futures—CFTC You have chosen to be our God and For the information of all Senators, nominees. I believe there is a Repub- chosen us to know You. Your love em- there are a number of important mat- lican nominee and a Democratic nomi- braces us and gives us security, Your ters that are available for consider- nee. That has been held up for weeks joy uplifts us and gives us resiliency, ation that I hope the Senate will be and weeks and weeks. After a lot of ef- Your peace floods our hearts and gives able to proceed to and complete action fort and serious consideration we have us serenity, Your Spirit fills us and on today. I understand at this time cleared that. We are ready to go with gives us strength. You have blessed us that the D.C. appropriations conference that. with the privilege of prayer so that we report, the military construction ap- could receive Your wisdom and guid- We need desperately to have the propriations conference report, the De- ance. With never-failing faithfulness Chief of Naval Operations in place. It partment of Defense authorization con- You hear and answer our prayers as we has been a very slow but very careful ference report, the legislative appro- seek first Your will and the courage to consideration of the next admiral to be priations conference report and the do it. During the intensely busy past the Chief of Naval Operations, Admiral health care reform conference report few weeks, You have been with the Johnson. His nomination is ready to be are available for Senate action. I hope Senators through long days and late moved, along with a long list of other all my colleagues will cooperate in al- evenings. You have honored their com- military personnel that deserve the op- lowing the Senate to do its business mitment to hard work. Thank You for portunity to have their nominations and complete action on these measures the magnitude of legislation that has completed. I would like to do that. prior to recess. been accomplished. Grant the Senators We have a number of other very non- and all who work with them the per- It is also still my intention to con- controversial actions that we can take, spective of taking victories and defeats sider the Veterans’ Administration, including the naming of Federal build- in stride. Our best efforts are incom- Housing and Urban Development ap- ings and a list—I mentioned some of plete so we press on; our steps in each propriations matter this week. We need them last night that we can get ap- day are only part of the long journey of to get that bill completed so we can get proved. So I am prepared to get started progress, so we do not lose heart. into conference. Our veterans and peo- with that. I hope that would break We commit this day to You and ask ple who seek the American dream of through the logjam and get things that You will grant us a second wind of home ownership are dependent, in started in the right direction. renewed energy and vision for the chal- many instances, on this very impor- I am prepared also to begin dis- lenges ahead of us today. In the name tant legislation. This is a bill I believe cussing the D.C. appropriations con- of our Lord. Amen. we can get completed, get it into con- ference report, the military construc- f ference, and then move it on to the tion appropriations report, the legisla- President early in September. tive appropriations conference report, RECOGNITION OF THE MAJORITY I will, once again, remind my col- and also to begin discussion on the all- LEADER leagues there is a lot of work to be important health insurance reform The PRESIDENT pro tempore. Our done and not a lot of time to accom- package. Is it perfect? No. Is it every- able majority leader, Senator LOTT, is plish it if we want to get out sometime thing we want? I know it is not. But it recognized. today or tomorrow to go be with our is a major, major step forward for the f constituents in our respective States. women and men and children of this Therefore, Members can expect a full country—the guarantee of available SCHEDULE day and evening with rollcall votes and affordable health care. Could we Mr. LOTT. Mr. President, this is the throughout that time. Also, it may be leave this building tonight, not having day we can accomplish an awful lot for necessary for the Senate to convene to- done that?

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

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VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9456 CONGRESSIONAL RECORD — SENATE August 2, 1996 After a lot of fuss and carrying on statement the night before last, when I Texas has been working diligently on yesterday and complaining and grous- objected, the distinguished leader of for months now. I was here the night it ing, the House voted 417 to 2 for gen- the Democratic Party said that I was all cleared right up to the last uine, responsible, affordable health should be grateful to him for his help minute, and all of a sudden something care reform that will make it available on the stalking bill and, therefore, not happened and it was objected to. to people, with choice of the medical use my right to object to a judge. And There is not a Senator who thinks we savings account. Senator KENNEDY, I was just very concerned about that, should not pass the stalking bill. If you Senator KASSEBAUM, Congressman because I have worked on this stalking really care about women and children HASTERT, Congressman ARCHER, have bill since Memorial Day. I have tried to and how they are treated across State worked heroically to bring this to con- pass a bill that would protect the lines, being harassed and stalked, this clusion. Can we not begin debate and stalking victims of this country since bill should be done. But it was held up come to conclusion on this important Memorial Day. I have been held up by for quite some time by a Senator that legislation now? Why not? a Senator, whose sincerity I do not had an amendment he wanted to offer. Who among us here today, for what- doubt, but, nevertheless, he knows that There was a lot of cooperation from ever reason, wants to stop funding for the amendment that he wanted to put the Senator from Texas, the Senator the District of Columbia, as des- on had some problems. He knew that it from New Jersey, the Senator from perately as it is struggling to survive might cause a problem. Idaho, Senator CRAIG. It was worked and stand on its feet? And we are going I suggested that if he would just put out. It was sent to the House. It looks to walk off and leave this conference his amendment on another bill, mine like it may not get through the House report uncompleted? I do not believe then could go forward to the President now. The understanding was if it got that will happen. and we could have the protection for tangled up, we would bring it back Are we going to walk away from safe the stalking victims of this country freestanding without the amendment. drinking water? Safe drinking water? today, because the President, I believe, Mrs. HUTCHISON. If the Senator will Mr. FORD. It’s not here yet. will sign it very quickly. yield. Mr. LOTT. I am a little worried that All the indications are it passed Mr. LOTT. I yield. that bill would not be completed. I live unanimously in the House. We wanted Mrs. HUTCHISON. I think it is im- in the District of Columbia. I worry it to be passed unanimously in the Sen- portant to know the arrangement that about the water. ate without amendment so it could go was given, because I have not men- It is not here yet. The distinguished straight to the President. We wanted tioned that because I did not want to minority whip makes that point. It that on Memorial Day. But neverthe- jeopardize the ability of the amend- will be here today. less, the minority leader says I should ment to stay on the bill in the House. I am just racking them up, as to be very pleased he helped me pass my I have been in good faith. I supported what we can do today. I urge my col- bill, and my bill is dying in the House the amendment. I have tried to get leagues to come on over and let us get right now because of the amendment House support for the amendment. But started. Let us not wait until the Sun that he forced me to take in order to I did not mention that we had an goes down. Let us show them the Sen- move on another issue. agreement with the minority leader, So I don’t doubt anyone’s sincerity ate does not have to be nocturnal. with the majority leader, with myself, here, but I do want to have a clear pic- While it may look dark here, it is light with the Senator from New Jersey, ture of when we are going to take up outside. We can bring some sunshine to that, in fact, if it got bogged down that the stalking bill. I said I would be this institution by doing these very im- they would let us pass it clean in the happy to work with the Senator, whose portant pieces of legislation. Senate. It has gotten bogged down. amendment is causing the problem, to I am prepared to go to the first nomi- Now I want to have an assurance that do it on another issue. But since they nation, but I see at least two or three everyone’s word is going to be kept have been joined—not my me—I do here, and then I will certainly get out Senators who appear to be wishing to think that it is fair for us to take a lit- of this picture. But it has now become make some comments. I would be glad tle time and let me see what the clear clouded, not of my making, but it has to yield the floor. picture is on the stalking bill, and then been. That is why I was trying to have Why do I not yield the floor and then, I think we can—I am sorry that they the opportunity to see what the com- if Senators would like to comment, were joined. I didn’t join them. But mitment will be to see if we cannot then I will move these nominations now that they are, I would like to have have help for the stalking victims when they are prepared to do that. a clear picture. I don’t want rhetoric to starting right now. I yield the floor. continue to get out of control here, but Mr. LOTT. Mr. President, if I could Mr. WELLSTONE. I am prepared. I would like an answer. Mrs. HUTCHISON addressed the So, Mr. President, I suggest the ab- respond to that, I want to assure the Chair. sence of a quorum. Senator from Texas, I am absolutely The PRESIDENT pro tempore. The The PRESIDING OFFICER. The committed to working with her on this Senator from Texas. clerk will call the roll. very important legislation. I am com- f The assistant legislative clerk pro- mitted to doing whatever is necessary to get it through with amendment, THE STALKING BILL ceeded to call the roll. Mr. LOTT. Mr. President, I ask unan- without amendment, clean, and I com- Mrs. HUTCHISON. Mr. President, I imous consent that the order for the mit right here today, after you have would like to just get a little clearer quorum call be rescinded. had a chance to see what will happen in idea of where we are. I feel like there The PRESIDING OFFICER. Without the other body—I am talking frankly has been a mixture of issues here. objection, it is so ordered. about what is involved here because I I did object to Judge Montgomery’s Mr. LOTT. Mr. President, I was talk- don’t think we have time to deal in nu- going forward, because I wanted to fin- ing when I should have been listening. ances. We need to get right upfront as ish looking at this. There are a number If I can ask the Senator from Texas, I to what is happening and what we can of people who have been concerned heard you at the beginning of your re- do to solve it. about the nominations that had gone marks indicate that you were perhaps We will bring that bill back up by through and want to look at the over- not prepared to allow this consent to unanimous consent. We will move it, if all record. I am not prepared—I will ob- go forward at this time. I am sure you we have to. We will do it when the Sen- ject until I know a clear field and have heard some of the discussion last night. ator from Texas is satisfied that it is a better idea of where we are going. I was one of the ones who mentioned it not going to move in the House, and it But I am not saying that I will keep in some way had been attached to the may. the objection on Judge Montgomery. stalking bill, and the minority leader Mrs. HUTCHISON. If the Senator will But in the rhetoric that has been fly- had talked about how he had tried to yield. ing around on the floor I think the be helpful to the Senator. Mr. LOTT. I will be glad to yield. stalking bill has been brought up. I did I am very much committed to the Mrs. HUTCHISON. It was attempted not put them together. But in his stalking bill which the Senator from to be brought up last night in the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9457 House, and it was thwarted. So it has for 8, 9, and 10 months. So it was just ance legislation and all these other now had an opportunity and it was to passed last week. The problem in the bills until there is some agreement on be brought up in a way that the amend- House, as I understand, was they tried all of the judges here today, then I ment would not be on it. to strip the Lautenberg amendment think that is just not going to be pos- I have supported the amendment. I from the stalking bill, and that is sible. would like to see the amendment stay where it ran into trouble. f on it. But nevertheless, it is not one The day is not over and tomorrow is person in the House, it was several who not over, as the majority leader has POINT OF PERSONAL PRIVILEGE have objected to it. And when it was to said. Maybe things can work out. I am Mr. LOTT. I want to say one other be brought up in that way, Members of willing to help in any way I can, but I thing, Mr. President, because I have the New Jersey delegation objected, am somewhat at a disadvantage, if I been waiting for an opportunity to rise and, of course, I understand that. I am may use that as a tool here. I will work on a point of personal privilege. not being critical. That is everyone’s with the majority leader, as Senator The PRESIDING OFFICER. Without right, but nevertheless, I have been DASCHLE has. objection, it is so ordered. told I should be grateful for the help in So I think what I am saying is cor- Mr. LOTT. My integrity has been passing my bill, which is now dying, rect here, that attempting to take the questioned by a Member of the House and I am trying to see where we can Lautenberg amendment off the stalk- of Representatives. The Congressman make an agreement on this in order to ing bill last night caused the problems, from California, PETE STARK, alleged free the business of the Senate. and that was the reason it was not that I had committed an ethical viola- Mr. LOTT. Mr. President, if the Sen- brought up. Today is another day. tion because, as the majority leader in ator will yield further, I commit to her Mr. LOTT. Mr. President, if I could the U.S. Senate and as a conferee on I will stalk this bill across party lines, seek recognition again. the conference with the House on the across State lines. The PRESIDING OFFICER. The ma- health insurance legislation, I urged Mrs. HUTCHISON. Mr. President, I jority leader is recognized. consideration of the conference on a am not worried about the majority Mr. LOTT. Before I press the Senator specific issue, this drug that was just leader being committed. or give assurances to the Senator from mentioned. Mr. LOTT. Let me go one step fur- Texas even further, could I inquire of Mr. FORD. Drug patent. ther. I want to assure her of my own the Democratic whip—I was under the Mr. LOTT. The drug patent. That commitment. I will be prepared to try impression that, if we could work out tells you how much I know about this. to get unanimous consent to do it this the difficulties with the nomination of First of all, I resent the fact that my night if that will be helpful. Ms. Montgomery, we could also move integrity was impugned. I do not act Let me say, before I yield to the the CFTC nominations, which are Re- that way. This is not an issue that I Democratic whip, the Democratic lead- publican and Democrat, we could move have a direct personal interest in, even er and I work together. We try very the military nominations, and we could though I understand, I have been told, hard, in our trusting relationship. I begin to move the appropriations con- that this is intended to be a dagger think we have that. Sometimes we ference reports. aimed at my heart, that we are going hope we can do things, we hope to I am informed that maybe that is not to take out this drug patent to get at achieve, but we have to deal with 98 the case if I move forward in good faith the majority leader. other people. Every now and then, we on the nomination of the judge from Why? This is a product for arthritic get a little further out on the limb, and Minnesota. Have I been informed cor- patients. It is not produced in my we have to back off. rectly we are not going to move these State. There is no plant in my State. I The minority leader is a man of his other nominations? do not have a vested interest in this. I word, and he has assured the Senator Mr. FORD. That depends. That would act at the request of my colleagues in from Texas that he will work with us be my position as of this time, that the Senate, Republicans and Demo- to try to get this done at the earliest only the one judge. We can do judges, crats, Senate and House, as a conferee. time that the Senator from Texas and that is plural. We can do safe I was presented this issue as a fair- would like to get that done. I don’t drinking water. We can do the small ness issue. I talked to a lot of different want to speak for him or put words in business minimum wage conference re- Congressmen and Senators. I talked to his mouth, but I know him and I know, port. Congressman WALKER of Pennsylvania. as he has already worked with me and Mr. LOTT. Oh, yes. He is the first one that mentioned it to with the Senator from Texas, that he is Mr. FORD. We could do health care me. I did not know what he was talking for this stalking bill, and he is going to and those sorts of things. about. There are Democratic Congress- work with us to try to get it done. He Mr. LOTT. Can we do the health care men who spoke up in defense of this has another Senator, or Senators, who conference report? issue yesterday. have an interest. We have to work Mr. FORD. Yes, we could. But, I I remind you, after questioning my through all that, but we will work mean, we have a little problem with integrity, Congressman STARK was one through that. that bill. As the majority leader of only two—two—House Members who Would the whip like to say some- knows, we want to have a striking pro- voted against that health insurance re- thing? I yield to the whip. vision relating to a drug patent that form package. He is totally out of Mr. FORD. Mr. President, I was not was put into the conference report. We order, and I resent it. I am not going to privileged to the agreement among the would like to have an opportunity to tolerate that sort of thing. distinguished Senator from Texas and remove that before we move to it. Also, Senators came to me from all New Jersey and our leader. So I am Mr. LOTT addressed the Chair. over America, Republicans and Demo- somewhat in a difficult spot here this The PRESIDING OFFICER. The ma- crats, saying this is something that morning. I will have to wait until the jority leader. ought to be done—Senator GORTON of leader has arrived. He is not here at Mr. FORD. You have the floor. Washington, I do not know what his in- the moment, and we all understand Mr. LOTT. We are going to have to terest is; Senator SPECTER of Pennsyl- why he is not, and also the Senator have some good faith and cooperation. vania; Senator SANTORUM. These are from New Jersey. If the Democrats are going to hold up good and honorable men who made a Two things happened. I remember the all the legislation until we get agree- case for it. distinguished Senator from Texas mak- ment on all the judges, then I think I have a staff member who is an ex- ing a statement on the floor about how that is exceeding anybody’s expecta- pert tax lawyer, a woman. We discussed much stronger her bill was after the tions. It is not going to happen. I have it. It seemed like the right thing to do. Lautenberg amendment was attached, acted in good faith. I continue to act in I urged, if it were possible, that this be and you made a very strong statement good faith. I have been here before ev- included in the package. about the bill as it left here. erybody trying to work out one more. That is the whole story. If you are The bill was only passed last week. But if you are going to hold up agreed- aiming a dagger at my heart, you bet- We have been trying to get bills passed to CFTC nominations and health insur- ter pick another issue. I ‘‘ain’t got no

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9458 CONGRESSIONAL RECORD — SENATE August 2, 1996 dog in this fight.’’ I am just trying to this was something I would challenge The public is being victimized by pro- help work it out with Senator KASSE- on the floor. But I understand exactly cedural gridlock that is going to cost BAUM and Senator KENNEDY and Demo- what the majority leader had to say, thousands of people across this country crats and Republicans, House and Sen- and I, in no way, shape, or form, be- an opportunity to have their cases ate, to get important legislation done lieve this should have anything to do heard, to see justice dispensed, and for the women and children and the with any kind of personal attack or fairness dealt with. sick and the elderly in this country. A anything like that. I am opposed to Last night, the U.S. Senate was drug for arthritis, for Heaven’s sake. that. When we have this discussion and thrown into gridlock once again, al- So, you know, take it out; it is OK with I have a point of order, I will stay far though an agreement had been reached me. But before you do it, you better away from that. between the respective leaders to move check with a lot of Senators, Repub- The majority leader has been some- forward with several important judicial licans and Democrats, that say they one I have enjoyed knowing and en- nominations. That agreement was un- wanted that. But, in conclusion, Mr. joyed working with, and I want him to dermined at the last minute when one President, if this is to get at the major- know that, as somebody who will be on Member of this body objected unex- ity leader, you missed. I yield the floor. the floor later on in that debate. But pectedly, and much contrary to the Mr. FORD addressed the Chair. could we please—Judge Montgomery is rules and protocol here—courtesy, if The PRESIDING OFFICER. The Sen- just waiting back in Minnesota for us you will—when the minority leader, ator from Kentucky. to move this. Could we please do that the Democratic leader, asked the Sen- Mr. FORD. Mr. President, the argu- for her? I have told her that Senators, ator what was her objection, she ment of the majority leader is not with Democrats and Republicans, are good turned on her heel and walked out. I us here on this side. It is with Rep- people, that we all have a big heart. have never seen that in the 14 years I resentative STARK over there, because Could we please move her forward? have been in the U.S. Senate. Usually, we are not in—as he said, our dog is not Mr. FORD. Mr. President, I yield the there is a courtesy that says, ‘‘Well, I in that fight. We do believe, however, floor. object for the following reasons,’’ and that this drug for arthritis is one that, Mrs. KASSEBAUM addressed the that makes sense. That is the way this if you keep this language in the bill, Chair. body operates. The PRESIDING OFFICER. The Sen- Now the basis of the objection has be- will be manufactured for 2 more years ator from Kansas. come clear. It is truly remarkable. The and the price will be up. It will not be Senate is being held hostage and so is a generic drug. f the American public for one reason, That is our legislative problem with HEALTH INSURANCE REFORM and one reason only: So that we do not this and not an argument between the Mrs. KASSEBAUM. Mr. President, take away guns from wife beaters and majority leader and Representative first I would just like to say, it has child abusers. We want to make sure STARK. I think they should not jump been a year ago today that the health they can get their gun if they want it. on us. I think we will come together on insurance reform legislation passed That is why some 2,000-plus women a it. unanimously in the Labor Committee. year get killed by men who have al- But the other side of the coin is there So, it has been a bumpy road to ready beat them up, have been hauled is a legislative problem that we would achieve what has been achieved, and, I into court, and in many cases con- like to try to work out if we could as think, a very important piece of legis- victed of misdemeanors, and then they it relates to the bill. If that is possible, lation. One of the reasons it is on the want their gun back. Around here, we we will try to do that. I do not like per- floor today has been the active partici- want to make sure those nice boys can sonalities at all. I do not like this, tak- pation and support of the majority get their guns. ing another Member on in the press. I leader. Mr. President, the situation is too think it is wrong. I will defend myself. The Senator from Mississippi has absurd. It would almost be a comedy, I am just as political as the next per- been insistent that we achieve the pas- but it is too serious, a matter of life son, but I try, as best I can, not to be sage of this bill, the conference be suc- and death for thousands of women and personal. I think it is unfortunate. cessful. I just want to say that I think children whose futures are being Mr. WELLSTONE. Will the Senator any differences that may have arisen threatened by a narrow faction of ex- yield for a question? because of the patent extension provi- tremists. Mr. FORD. Yes. I will be delighted. sion, which was added late, can be ad- I want to take a moment to explain. The PRESIDING OFFICER. The Sen- dressed. Mr. President, for months I have been ator from Minnesota. But certainly the majority leader is trying to get an amendment included f one of the reasons we have before us in the bill that deals with the problem NOMINATION OF ANN D. today the health insurance reform bill, of stalking. Stalking is a terrible thing MONTGOMERY and it is my hope that we can bring it for anyone to have to endure. We see it up and we can address this and not put in New Jersey. We see it across the Mr. WELLSTONE. It is in the form of it off to the point that we are going to country. I am sure all 50 States have a question, if my colleagues would be lose an opportunity to pass this, which the problem. I support the bill. In fact, tolerant for just a moment. The first is a small but historic step for health I am cosponsor of the legislation. question or comment is, again, I under- insurance reform. I yield the floor, Mr. I wanted to make it even more effec- stand what the Senator from Texas has President. tive. That is the right that we have said. I do want to point out that Judge Mr. LAUTENBERG addressed the here. When you have an opportunity to Montgomery does not have anything to Chair. add a piece of legislation you think has do with what is going on in the House The PRESIDING OFFICER. The Sen- merit, you put it on a piece of legisla- of Representatives or anywhere else. ator from New Jersey. tion that has already been introduced. She is just back in Minnesota waiting f I have been working to include an to be confirmed. amendment that would prohibit any- LAUTENBERG AMENDMENT TO I say to the majority leader, whom I one convicted of domestic violence have worked with in good faith and ap- THE STALKING BILL from possessing a firearm. It is pretty preciate all that he is doing, that a Mr. LAUTENBERG. Mr. President, I simple. My amendment stands for the long time ago we discussed Judge regret that I was not here at the time simple proposition that if you beat Montgomery. We were going to do it this debate began because we are now your wife, if you beat your kid, you judge by judge. I hope she just does not engaged in a discussion about what it should not have a gun. It says ‘‘beat get held up in this big puzzle, and we is that is holding up the progress of the your wife, lose your gun; abuse your can please go forward with her. U.S. Senate on behalf of the American child, lose your gun.’’ It is pretty sim- The last point I want to make is just people. We have a most extraordinary ple. It is little more than common to follow up on the minority whip. situation here in the Senate. I think it sense. Since then I talked to the majority is important the public understand Mr. President, for months I tried to leader yesterday about Lodine. I said what has happened. include my proposal as part of the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9459 stalking bill. Finally, on July 25, after less you take off the denial of a con- now have, and I am very pleased to be sup- agreeing to several changes at the re- victed wife abuser to own a gun, I am portive of the compromise. quest of my Republican colleagues, my not letting judges go through.’’ What a Several Senators addressed the legislation passed the Senate by a contrast. It is perfect. Want to control Chair. voice vote. The compromise, Mr. Presi- the law, not let the judges go through, The PRESIDING OFFICER. The Sen- dent, that was worked out was sup- not let other important legislation go ator from Texas is recognized. ported by even the most ardent progun through? Tie the place up in a knot. Mrs. HUTCHISON. Mr. President, I Members of this body. Even those Well, maybe that is where we are am pleased that Senator LAUTENBERG Members were not willing to go on going to be, but I hope the American has come to the floor, because I think record and stand up here and vote to public hears it. I hope they understand that he is partially correct in his sce- say that someone accused of wife what is being said here, that you can nario of July 25, and that is that he and abuse, child abuse should have to have have a gun even though you may have I and the leader of the Democratic side a gun. beaten your wife. It reminds me of the and the leader of the Republican side They did not want to vote on it, be- story I repeated on this floor now a few came together and made an agreement, cause it would have been a shameful times about the judge in Baltimore and it was an agreement that I was experience. Maybe they would have County, not far from here, who, faced concerned about but, nevertheless, was pleased some, but they would not have with a sentencing of a man who mur- willing to work with all of my col- pleased all. So our sense was that with dered his wife, sentenced him to 18 leagues to make happen. That was the the changes that were made at their re- months, time to be done on weekends, following: I do agree with his amend- quest, the stalking bill, which was here because he said he ‘‘didn’t like giving a ment. I think it is a good amendment. with my amendment attached, should noncriminal a criminal sentence.’’ In That was never the question. The ques- be able to move quickly and easily other words, murdering a wife is not tion is, do we hold up a good bill that through the House. the same as murdering a stranger. protects the stalking victims of this It was my understanding that the Those who want to shut this place country with an amendment that majority party here was going to help down are ignoring what the con- might bog the bill down because it has work it through the House. Well, Mr. sequences are of this, not to let us con- to go back to the House? President, it looks like the extremists sider noncontroversial judicial ap- Now, I supported his amendment, but are back. Although the House passed a pointments. So eager that we protect I asked, ‘‘Could we put it on another large number of noncontroversial bills the rights of child abusers that they bill? Could we make the agreement earlier this week, this legislation was will not let us consider a bill to fund that Senator LAUTENBERG would get not among them. Now we hear that veterans health care, environmental his vote on another bill?’’ The distin- there is a move afoot among Repub- protection; so eager not to deprive a guished leader of the Democratic Party lican leaders in the House to eliminate wife beater of a gun that they are will- said, ‘‘Well, they can take it up on a my proposal, the proposal that wife ing to grind the Senate to a halt on all suspension in the House. It really beaters should not get guns. appropriations bills. won’t delay the bill if they will do I think, Mr. President, the American Mr. President, this is extremism run that.’’ And I said, ‘‘What if it runs into people would share my outrage at this. amok. It is outrageous, almost unbe- opposition in the House?’’ at which Every year thousands of women and lievable. So I hope the people and the time the Senator from New Jersey and children die at the hands of a family press will tell the American people the Senator from South Dakota agreed member, and 65 percent of the time what is going on here. It is quite an that they would let the Senate pass a those murderers use that gun. There is amazing story, stranger than fiction. It clean bill that could go directly to the no reason why wife beaters and child is unbelievable, in my view. It says a President, pass the same bill clean so it abusers should have guns, and only the lot about this Congress and the power could go directly to the President, to most progun extremists could possibly of the National Rifle Association. It get relief for the stalking victims, with disagree with that. Unfortunately, says a lot about our values, priorities, the agreement of the distinguished ma- these same extremists seem to have and about our commitments to people jority leader that Senator LAUTENBERG veto rights in the House of Representa- victimized by domestic violence. would be able to go to another forum, tives. Mr. President, I am hoping that we another bill for his amendment. Mr. President, I made it clear that if can overcome the extremism on this So when we talk about the extrem- the stalking bill comes back from the issue, because special interests may ists that are for wife beaters having House with my proposal gutted I will have a lot of power in Washington. Ex- guns, that is really not the issue. The not just sit back and take it. The lives tremism may have a lot of power in issue is, are we going to have the stalk- of thousands of women and children are Washington, but, at the end of the day, ing bill, which is a good bill, which at stake. We are not just talking about the real power in this country rests— passed unanimously in the House of the use of a gun in a murder; we are and so it should—with the American Representatives, if we can’t get Mr. talking about a gun that is used in in- people. I am convinced that the over- LAUTENBERG’s amendment on the bill? timidation, to threaten and to strike whelming majority of Americans would That is the question. fear and harass. Imagine what a child agree with these basic principles: Wife Now, the Senator from New Jersey must think when he sees a man holding beaters should not have guns. Child and the Senator from South Dakota a gun, threatening a woman, even if he abusers should not have guns. gave their word that if it ran into trou- does not pull the trigger. What kind of It is time for Congress to put these ble in the House, they would help pass a society are we that says by law we principles into law. a clean bill so that we could do that should not remove the gun from the Mr. President, I just want to refer to much and give the Senator from New hands of that individual? I will fight the RECORD of July 25, 1996, when the Jersey another opportunity on another for this every step of the way. Senator from Texas [Mrs. HUTCHISON], bill for his amendment. So that is the Now we have the progun extremists said: issue here. Now it has run into trouble dictating how this body is going to Senator Lautenberg is to be commended in the House. function. It is across the Capitol, but for working with us to make his amendment The distinguished Senator from Ken- we are willing to do it here. Things like a good amendment, and it is a good amend- tucky says, ‘‘It has only been passed judicial appointments, so that justice ment, and I applaud him for it. I think it for a week.’’ We got the bill Memorial can be administered, so that we can adds to the bill. He was willing to work with Day. I had hoped that we could have it move the process that this country has us, and I think we now have a very strong passed before Memorial Day. It has in its very foundation, a country of bill. Because of Senator Lautenberg’s been 2 months since the bill came from amendment, we are also going to be able to laws. keep people who batter their wives or people the House, and we have had this oppor- ‘‘No, no,’’ the Senator from Texas with whom they live from having handguns. tunity. says. ‘‘No, no, you are not getting So I think it is going to be a great bill that I am certainly in sympathy with the those judges. I don’t care how good will give the women and children of this Senator from New Jersey in wanting to they are.’’ What she is saying is, ‘‘Un- country some protection that they do not have his amendment. But he did make

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9460 CONGRESSIONAL RECORD — SENATE August 2, 1996 an agreement that he would not hold them, and it will be the fault of this ing water funds is now in the clean up one good bill for his amendment body and those who have held up this water fund, and the EPA can continue having to go just on that bill. We have bill if veterans in my State, in the to distribute that money. It can go to other options. There will be other bills. State of California, the State of New the States and the State revolving The majority leader, whose word is York, or the State of Minnesota are fund. good, will find another opportunity for not able to get mortgages in Sep- So that money is not lost. There the Senator from New Jersey. But we tember. have been some irresponsible state- must know that we are going to have The effect will be ultimately increas- ments by people who do not understand the stalking bill at some reasonable ing mortgage interest rates and con- the process that the money is being time. I would like to see it before the straining home financing availability. lost. The money is not lost. The money recess so that we can put this law into In addition, if this bill is delayed past can go to work today, tomorrow, this place. It has been pending since Memo- the signing after October 1, as of Sep- week on the clean water fund, but if it rial Day. So I would like to ask if we tember 30 the Federal Emergency Man- gets passed by both Houses and the could work on having this bill out and agement Agency advises us that they President signs the safe drinking water work with the Senator from New Jer- will no longer be able to write flood in- fund at the direction and at the request sey for his amendment to go on an- surance policies. Property owners in of the authorizing committees, I will other bill. It is really quite simple. If every State in the Nation depending recommend to the committee and to everyone is in agreement that the un- upon Federal flood insurance will no this body that we put an equivalent derlying stalking bill is good, then I longer be able to get Federal flood in- amount from the 1997 appropriations think we should move forward on that. surance. The authority expires. We into the safe drinking water revolving Mr. BOND addressed the Chair. have been asked to include an exten- fund so that the District of Columbia The PRESIDING OFFICER. The Sen- sion of the authorization for one more and other States—as soon as the Envi- ator from Missouri is recognized. year in this bill. Without this bill, ronmental Protection Agency writes f flood insurance will not be available. the regulations and can hand out the There has also been discussion of VA–HUD APPROPRIATIONS BILL money—will have the dollars available water projects. Everybody knows that to improve the drinking water supplies. Mr. BOND. Mr. President, while we the District of Columbia is suffering That is another reason this bill must are talking about bills that need to be from drinking water problems. This be protected. moved, I want to return to the matter bill includes $2 million for water infra- In addition, this bill includes the of the VA–HUD appropriations bill. As structure funds, including funds that funds needed as of October 1 to send Members in this body and those who will go ultimately to the safe drinking out benefit checks to about 2 million are observing our actions will recall, water revolving fund in every State poor and disabled veterans and vet- last night, proceeding to the bill was and the District of Columbia. erans’ widows. When this bill is held objected to by the Senator from Min- That requires some additional expla- hostage, as it was last night, we are nesota. This bill is being held hostage nation. We know that the House has threatening the money that goes to the for another issue not related to it. passed the safe drinking water bill. We poor and disabled veterans and their I rise today to point out to my col- know also that the appropriations widows. leagues the importance of passing this measure which passed both bodies and This bill, Mr. President, also has $1 bill as quickly as possible. This is an was signed into law for the current fis- appropriations bill. This is an impor- billion to restore FEMA’s disaster re- cal year had a provision that if the safe lief fund so that disaster victims from tant appropriations bill that provides drinking water law was reauthorized money for the Veterans Administra- floods and other disasters across the prior to August 1, there would be country may be helped by FEMA. Mr. tion, the Department of Housing and roughly $725 million available for that Urban Development, Environmental President, when someone holds up this fund. August 1 has come and gone. As a bill and holds it hostage, it is holding Protection Agency, National Aero- result of the terms of the appropria- nautics and Space Administration, Na- hostage the money that would go to tions bill for this year, that money aid victims of disaster. tional Science Foundation, and others. goes into the clean water fund. Those I ask my colleagues to quit playing We not only have to pass that bill, moneys are in the process of being paid games with a vitally important appro- however, to provide funds beginning on out by the EPA to the State revolving priations bill. Deal with the other mat- October 1, the start of the new fiscal funds. ters. There are many sensitive matters. year, there are, at the request of the When this bill is ultimately passed There are many things that I have that administration, certain emergency and signed by the President, tradition- are being held up, and I am doing my supplemental matters that have to be ally the EPA takes about 3 months to best to work out agreements with dealt with now. Let me advise my col- get regulations issued so that funds those who are holding them up. But I leagues that the consequences of con- can be paid out to all of the States say to you that the appropriations bills tinuing to delay action—and the delay under the formula for the drinking need to go forward not only to fund last night may already have made it water revolving fund. too late to get this bill through—I am We are prepared in this measure vital programs that begin October 1, ready, however, to stay here and work when the President signs the safe but in the instance of the Ginnie Mae as long as the leadership wants us to drinking water bill, as I hope he will, loan limitation, the bill has to be en- work, because this bill contains a sup- to credit the safe drinking water fund acted as soon as possible so that Ginnie plemental appropriation for Ginnie with the money that is poured over Mae’s ability to sell VA and FHA mort- Mae, the Government National Mort- into the clean water fund and provide gages will not expire. gage Corporation. This bill provides a additional appropriations, reducing the In addition, as of October 1, there $20 billion increase in the current limi- clean water funds for the next fiscal will be no authority for FEMA to write tation on loan guarantees for mort- year. flood insurance. gage-backed securities needed to fi- I have assured the authorizing com- Mr. President, we have talked enough nance FHA and Veterans Administra- mittees that we will make those mon- about all of these problems. I hope that tion mortgages through September. eys available as soon as we can approve very shortly the majority leader will If we do not pass this bill, it means this bill. As soon as we can send it to be able to ask unanimous consent to that sometime probably in early Sep- the President and get it signed, that move forward on some of these vitally tember, the VA and FHA will no longer money will be there. important measures that are pending be able to sell in the secondary mort- The opposition to moving forward to before this body. gage market the paper that is gen- VA–HUD means that we are holding up I yield the floor. erated by an issuance of loans to vet- money to go to drinking water projects Several Senators addressed the erans and to those who qualify for the and clean water projects. The money Chair. FHA. These people will be without the that was temporarily set aside until The PRESIDING OFFICER. The Sen- financing that should be available to August 1 for the States for the drink- ator from Minnesota.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9461 Mr. WELLSTONE. Thank you, Mr. The finger pointing has gone too far In order to correct it, it is going to President. I say to my colleagues that here. I think we need to call a quorum, take some effort from private contrac- I will take only 2 minutes. wipe the sweat off, and try to work tors, and it is going to take funds in Look, the Senator from Missouri—we things out instead of pointing fingers order to contract with respect to cer- know each other. We work together on at each other. We are getting too tain pumps that may be broken in the the Small Business Committee. If we harsh. efforts to flush the pumps out. want to talk about being held hostage, The majority leader is working hard, In addition to that, we also have seri- we have a judge who is being held hos- trying to make this thing work, and ous problems right now which need at- tage. The Senator knows—he was up then we have people jumping up and tention immediately, that is, we have here earlier—that there are a lot of dis- down fussing back and forth. It is time public safety funds which have been in- cussions going on. And I think the ma- it stopped. It is time it stopped. creased in this bill. We have police cars jority leader is confident that this can I yield the floor. right now on the blocks; we have fire be worked out very soon. Mrs. HUTCHISON. The Senator is engines in the shop and computer sys- Nobody is trying to stop everything. correct. I suggest the absence of a tems in chaos. There are funds in the This all started with a wonderful judge. quorum. bill which will allow us to do that and You would think she is wonderful. She Mr. DORGAN. I want to make the to get started immediately upon pas- thought she was going through the same point. The Senator from Missouri sage of the D.C. appropriations bill. other night. Everybody had given their makes an appropriate point about the Let me read to you from the report word. It was going to be by unanimous urgency, and we need to move this leg- on the drinking water matter so that consent. And then, all of a sudden, for islation. I understand that. I accept everybody is fully aware of the situa- a variety of different reasons, it did that. I hope we can do that. tion the city finds itself in: not. To suggest somehow that one Sen- The conferees are deeply concerned about It does not do any good for anybody ator, the Senator from Minnesota, or recent violations of Federal drinking water to get angry at anybody any longer. It anyone else in the Chamber is delib- standards and continuing problems that beset the drinking water supply and the dis- did happen. We are now trying to work erately holding something hostage is this out. Believe me, this really was tribution systems in District of Columbia. not appropriate. The Federal Environmental Protection the judge that was held hostage. But What has happened here is there are Agency recently completed a preliminary in- we are beyond that now. We are work- a series of issues that get done by con- vestigation of the water quality problems at- ing hard on an agreement, and that is sent and by agreement, and the major- tributed to the District water distribution going to happen. ity leader and minority leader and oth- system and concluded that there is an urgent That is all I would say to my col- ers have worked hard to put these and immediate need for the District to im- league. I think he knows that. plement steps to assure the integrity of things together. Some of them become drinking water quality in the District. Mr. BOND addressed the Chair. unraveled, and there are a number of The PRESIDING OFFICER. The Sen- Among the most important of these rec- reasons that they become unraveled. ator from Missouri. ommended actions is that the District hire a The fact is when you start talking private contractor or contractors to flush Mr. BOND. Mr. President, I would say about taking hostages, if we wanted to the drinking water distribution system simply that the effect of what has been spend some time we could talk about completely and to inspect and repair done is to hold this bill hostage. I am hostagees here for a while, but I do not water valves. The conferees agree that not in here to fight about judges. I think it would serve your interests or there is a strong Federal interest in as- have had judges held up before. I sym- mine. I just think it is not appropriate suring that those who visit, live, and pathize with people who want to move to suggest that the Senator from Min- work in the Nation’s Capital have safe things forward that are held up. I am nesota or anyone else is holding up this drinking water. Accordingly, the con- simply pointing that out for whatever bill. There is a whole series of things ference agreement includes $1 million reason. I am not here to judge whether that have to be done by agreement in Federal funds for this purpose under this judge may or may not be impor- here, and when they are done all these Amendment No. 2. These funds are pro- tant in all the measures and all of the things are going to work and happen. vided to the Financial Control Board to provisions that I have cited. I want to call attention to everybody Again, I say that it is appropriate to contract with a private entity or enti- in this body the likely consequences of talk about the urgency of this bill. I do ties to conduct an inspection, the holding up this bill. It was held hostage not want to go back and talk about flushing and repair work recommended last night, and until we hear dif- how this started, but I know how it by the EPA. The conferees direct the ferently, I regret that it apparently is started and so does the Senator from Control Board to consult with the De- being held hostage, and the con- Missouri, and it needs to get unraveled, partment of Public Works, D.C. Water sequences. which includes a whole series of issues and Sewer Authority, and EPA in im- I yield the floor. including this bill. plementing this activity. Further, the Mr. FORD addressed the Chair. I appreciate the Senator yielding. conferees encourage the Control Board The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- to move expeditiously to contract for ator from Kentucky. ator from Vermont. the work in anticipation of the funds Mr. FORD. Mr. President, let me just f provided. I just want to point out that if this take 1 minute, and then I will sit down. DISTRICT OF COLUMBIA The Senator from Missouri is fussing bill passes, an immediate action will be APPROPRIATIONS quite eloquently here about not getting taken to be able to correct the serious his bill up and giving a lot of reasons. Mr. JEFFORDS. Mr. President, I rise problems we have with the water in the The objection this morning came from to raise the awareness of the Senate as city. So I hope that it would come to a your side, not from this side. It came to the importance of being able to pass point where we can pass that expedi- from your side to bringing things up the D.C. appropriations bill today. tiously today. The majority leader may over a bill that is in the House, not in The reason for that is that we have in or may not wish to call it up, but I the Senate. this city a serious problem with the want to let everyone know I am ready. Mrs. HUTCHISON. Will the Senator drinking water. And I will mention It has passed the House. I want to as- yield? There has been no objection this that in a little more detail in a mo- sure all of the citizens of the District morning. There has been no offer. ment. The bill is at the desk. It has as well as those who visit us that we There has been no objection. The objec- passed the House. There is an appro- are doing everything possible and any tion was last night by the Senator priation in that bill to provide for im- delay would, again, impair the safety from Minnesota on a judgeship. mediate efforts to clean up the serious of certain individuals in the District, Mr. FORD. Mr. President, I know circumstances with the city’s drinking and I hope that does not occur. what the objection would be. The rea- water. I do not want to alarm anyone In addition, we are ready to move on son it has been brought up is because too much, but it is a health hazard to this, and it is important for the city to there would be an objection, and the certain individuals who have immune get into a position where they know objection was made last night. problems as well as elderly people. where they stand. There are significant

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9462 CONGRESSIONAL RECORD — SENATE August 2, 1996 differences that have been reconciled There is $1.2 billion for the imple- ORDER OF PROCEDURE in favor of the city with respect to the mentation of BRAC, $4 billion for fam- Mr. LOTT. Mr. President, I think we amount of funds that will be available ily housing. Out of a $9 billion appro- had some good discussion this morning and to other matters. priation, $4 billion will be spent on and I believe we made some progress in So I am hopeful that we will be able families and family housing to improve talking to Senators on both sides of to take this bill up. It is ready to go. the life of our military people. Just to the aisle, working out problems. We are ready to act on it now and we give you an idea on that: Yuma Marine I know several Senators are going to could have this down to the President Air Station in Yuma, AR; Camp Pen- need an opportunity to talk to the mi- for his signature this afternoon if and dleton Marine Corps Base, 202 units, nority leader. I know the minority when it is brought up there is no objec- spending $29 million; Lenmoore Naval whip will be doing that here in a few tion, and I hope that would be the case. Air Station in California; Florida, minutes. So, hopefully, after those con- Mr. President, I just hope that every- Mayport Naval Station; in Hawaii, al- versations we can get an understanding body is aware of the serious problem most $60 million being spent for family of how we can move on these very im- we are dealing with and that any at- support and housing; in Maryland, just portant issues. So, at this time, rather tempt to forestall this would imperil outside of Washington here, the Naval than just keeping the Senate here, people and I hope that will not occur. Testing Center at Patuxent River; what I propose to do is to have the Sen- Mr. President, I yield the floor. Camp Lejeune, community centers; ate stand in recess until 2:30 p.m., at Mr. BURNS addressed the Chair. family centers in Texas, Corpus Christi which time I will again enter into a The PRESIDING OFFICER. The Sen- Naval Complex; Kingsville Naval Air colloquy with the Senator from Texas ator from Montana. Station; in Virginia, Chesapeake, Wal- and the Senator from New Jersey f lops Island; State of Washington, at about how we will deal with the stalk- MILITARY CONSTRUCTION Bangor Naval Submarine Base, and ing issue and the Lautenberg amend- APPROPRIATIONS Everett Naval Air Station, Puget ment; and then I would move to get Sound. unanimous-consent agreement on Mr. BURNS. Mr. President, last night The list goes on of those projects Judge Montgomery; and then I would the House of Representatives passed that are started or being planned and move the CFTC nominees, and then the and sent to the Senate the conference started, and all of them in support of military nominations, including the report on military construction, and families that serve this country. One new Chief of Naval Operations, which is that bill, too, is at the desk to be con- has to remember that they, too, have needed very badly to be on duty. Then sidered today. We have worked very, to live, and we have started a new I would move to take up the health very hard with both sides of the aisle project, the Secretary of Defense work- care issue. to work out our differences—and some- ing with the corporate sector in part- In the meantime, I understand there times on the same side of the aisle. nership for private housing off base, will be some efforts made to deal with I applaud my good friend from which is a new approach. By the way, the drug patent issue in a way that, Vermont, with whom I used to serve on there is funding in the bill for his pro- hopefully, is acceptable. And then we D.C. Appropriations, on the work they gram. There is certain types of commu- would go to the small business tax re- have done on the D.C. appropriations nity impact assistance that has to be lief and minimum wage issue, and the bill. And the work that Senator BOND provided for our military who face the safe drinking water conference report; has done in his committee as far as loss of a sale of private residences due all three of those conference reports. VA–HUD. to installation realignments and due to I would also go to the DOD authoriza- We have worked very hard, too, on some closures. tion and I would—of course, we would the thrust of military construction in So, Mr. President, that is what is in need to talk to the minority leader this particular year, not only dealing limbo here whenever we start talking about exactly how we deal with that. with less dollars but also dealing with about gumming up the process. Here is I would also attempt to move the some very important items which have a bill that we have worked very hard to three noncontroversial, universally always been put on the shelf. One of overcome the objections on both sides supported military construction appro- them is the environment because of the of the aisle, to make it through not priations, legislative appropriations Base Closure and Realignment Com- only committee, subcommittee and full and D.C. appropriations. If we could get mission, and the other one is family committee and, yes, on the floor to those issues worked out and completed, housing and support services for fami- pass a bill, send it to the House and we would have made tremendous lies that serve this country on our then conference and bring it back and achievement here today. posts around the world. If at 2:30 we cannot get an agreement it is ready to pass this body because This bill provides the necessary fund- on these, or an agreement on a package the House passed it last night and it is ing for the planning, the design, the of these items, it would be my intent ready to be sent to the President for construction, the alteration, and the to take the Senate out for the balance his signature to implement what we improvement of military facilities of the day and come back tomorrow think is very important in support of around the world, and included in that, morning. I see no sense in standing our military families around the globe. of course, is the appropriation that around here waiting or going in and So, I ask, if we could work out this keeps us strong, the NATO Security In- out on recess. So we will have 21⁄2 hours vestment Program. It also provides the so-called flap and get the process back now in which we can consider the situ- funding to implement base closures and on the move again, lay aside some of ation, decide if we want to pass health realignment as called for by law. our emotions and do the right thing insurance reform that so many people Again, let me emphasize that in this and allow us to bring the conference re- labored so hard on, that every voting bill there is included child development port of the military construction to representative in the House but two centers. We worry about children. We this floor, pass it, and let us send it to voted for just yesterday, the small hear speeches made about children. Re- the President. business tax relief, minimum wage—ev- pairs are needed also for the damage Mr. President, I yield the floor. erybody wants to get this done—and that was done by Hurricane Bertha. In Mr. President, I suggest the absence the safe drinking water. Everybody this bill is funding for family support of a quorum. wants these three bills done. centers on our bases and environ- The PRESIDING OFFICER. The I understand the White House is very mental compliance projects. I think clerk will call the roll. anxious for us to get that done. There one of the most important parts of the The assistant legislative clerk pro- is no reason why we should not do funding in this bill is environmental ceeded to call the roll. these three appropriations conference cleanup when these bases are closed Mr. LOTT. Mr. President, I ask unan- reports. So we will have some time and, of course, taking new actions imous consent that the order for the here to work through that and have a where active bases are still in oper- quorum call be rescinded. chance to talk to the minority leader. ation; hospitals, public safety such as The PRESIDING OFFICER. Without I hope to hear from him in the next fire stations. objection, it is so ordered. hour or two. And we will see if we can

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9463 get this all worked out. And if we can, the portability issue, the MSA issue for one drug will open the floodgates it would be really great. If we cannot, and the other provisions in the legisla- and will cost consumers hundreds and we will just go out and come back in tion. And we saw a successful conclu- hundreds of millions of dollars. the morning. I have had that on my sion of those issues just some 2 days Mr. President, the claim is made that mind all week anyway. So we can do ago. All of us are very eager to get that we ought to go ahead with this special that. measure down to the President of the deal because their competitor has re- Mr. FORD. Would the Senator yield? United States. ceived an extension. That a compet- Mr. LOTT. I would be glad to. However, I must say, a number of us itor, called Daypro, got a deal stuck Mr. FORD. I have no objection to the were very surprised to find that our into the continuing resolution in April recess. But we do have a couple Sen- staffs, around 10:30 or 11 o’clock the 1996, without any hearings, without ators that were on their way to make night before last, after a number of us any testimony, without any public re- some remarks on our side. If you could were assured that there were only tech- view by the committees with jurisdic- withhold that or set it at the end of the nical corrections in the legislation, dis- tions, does not make this right. It is an statements by Senator KENNEDY and covered that a special provision had old saying, but it is true: Two wrongs Senator WYDEN and maybe Senator been included into the act at page 76. do not make a right. Because one BAUCUS, because those three would like That special provision, which no one snuck through, we cannot do it again to make some remarks. That way we knew about, was a patent extension and again and again. would not be wasting the time. and special treatment for a drug called It will not stop with Lodine. There Mr. LOTT. As long as there are Sen- Lodine which people take for arthritis. are 12 drugs in this class on the mar- ators who would like to speak, obvi- And now that is in the health care leg- ket. You do this for Lodine, and the ously, we want to allow that. If those islation that we all want to get to the other 10 will be here tomorrow. In fact, three are going to speak, we would President of the United States as soon in the last 2 weeks alone, three or four probably want to have maybe some re- as we can. But, this afternoon we are of those other companies have already sponse on our side. But when we reach faced with this special interest provi- been in this building asking for special the point where Senators are not here sion being put into the whole proposal. treatment like Lodine. It will not stop speaking, instead of just keeping ev- I just want to make it very clear that here. The special interests will be erybody here waiting, I would propose neither I nor do I understand any other banging at the door. we recess then until 2:30. But at 2:30, Member of our side, and to the best of Mr. President, this is not really a regardless, I will move to get this un- my knowledge on the other side, had new issue for some Members of the derway. any idea whatsoever that this special Senate because there was an effort to f interest provision benefiting a single include a special deal for Lodine in company had been included in the June 1996, in the Defense authorization MORNING BUSINESS health care bill. It is a special interest bill in the Senate as part of the Hatch- Mr. LOTT. Mr. President, I ask unan- provision for one particular company Specter GATT loophole closing legisla- imous consent that there now be a pe- that has annual revenues from this one tion. But, then the lobbyists started riod for the transaction of morning drug, Lodine, of some $275 million. lining up asking for special treatment business with Senators permitted to The special interest provision gives for other drugs. They claimed that if speak for up to 5 minutes each. that company 2 additional years of pat- Lodine gets special treatment, then The PRESIDING OFFICER. Without ent protection and other special bene- they we would have to do it for others. objection, it is so ordered. fits. As I understand it, in return, the Then there was the Bliley-Dingell Mr. LOTT. When Senators have had company would have to pay $10 million letter to the Defense conferees saying, their say, I will come back and ask each year for a total of $20 million to ‘‘Take Lodine out’’. And the House Ju- that we stand in recess until 2:30. But the Federal Government and pay the diciary also objected to Lodine, and the we will wait on that. States so they do not have to pay for conferees took Lodine out of the De- Mr. FORD. With that understanding, the increased costs due to the patent fense authorization bill. Mr. President, I do not think anybody extension. That didn’t stop the Lodine special has any problem with that at all. I do So the question is, Who pays? Well, provision. The special deal for Lodine have some colleagues that would like the answer to that is, everyone else in was put into the House agricultural ap- to make some remarks. And listening America will pay more for Lodine. propriations bill in July. But, Senator to the majority leader, you may have Every senior and every American who PRYOR and Senator CHAFEE drafted a somebody that would like to come over uses this arthritis drug will pay more letter dated July 26, 1996 to Senator and make some remarks too after these because this special provision says no COCHRAN and Senator BUMPERS saying three Senators have on our side. one else can compete with this drug for there was no merit and no basis for a Mr. LOTT. We may eat up the time. 2 more years. This provision eliminates Lodine extension. They said there were Mr. FORD. With the $435 a page, or competition and gives this company a no hearings or deliberations of any whatever it is, it costs to print the monopoly, which means it can charge kind in either the House or the Senate RECORD. whatever it wants for its drug. Our sen- to determine if there were any public Mr. LOTT. I yield the floor. iors and everyone else will be paying purpose served by granting this special The PRESIDING OFFICER. The Sen- the bill for this special interest provi- extension. They urged that it be taken ator from Massachusetts. sion. out of the agricultural appropriations f The question is, then, How much bill. more? How much more money will peo- At about the same time, the Senate HEALTH INSURANCE CONFERENCE ple have to pay? We know that generic health care conferees were appointed REPORT competitors historically undercut the on July 25. And on July 30, the Repub- Mr. KENNEDY. Mr. President, I am price of drugs like Lodine by 30 to 50 licans gave the Democrats a draft of very hopeful, and I know the American percent. That means that when a pat- this section of the health care bill. people are, that we will move ahead ent expires, other companies can make That draft was dated June 25, but it this afternoon on the conference report and sell inexpensive generic versions of had no provision relating to the patent dealing with the Kassebaum-Kennedy the drug to compete. This provision extension. bill. As we know, it was a year ago means that there can be no competi- Then, at about the same time, the today that we passed that bill out of tion for 2 more years and that means agriculture appropriations conferees the Human Resources Committee. It Americans will pay between $80 to $130 took the special provision for Lodine languished for close to 9 months on the million more each year for this sweet- out of the bill. That, I believe, was also Senate calendar before it was consid- heart deal. on July 30. ered. Then it was considered. And it Now, Mr. President, we all know that Now, back to the health care bill. On has been several more months before this sweetheart deal will cause all the July 31, there were extensive negotia- we were able to get resolution of the other companies to come in here and tions on both of the issues of port- principal items which were at issue, ask for special favors also. This deal ability and on the MSA issues.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9464 CONGRESSIONAL RECORD — SENATE August 2, 1996 The PRESIDING OFFICER. The Sen- kinds of issues for the last 20, 25 years. Furthermore, it will result in the ator’s time has expired. Because of the series of different re- fact that millions of senior citizens Mr. KENNEDY. Mr. President, could quests during the 1970’s and 1980’s, the will pay an unwarranted, unjustified I ask for 5 more minutes? Senate and the Congress, in their wis- additional amount for their prescrip- The PRESIDING OFFICER. Is there dom, passed the Hatch–Waxman bill in tion drugs because of one particular objection? Without objection, it is so 1984 to deal with issues of justice and drug company which refused to follow ordered. fairness that perhaps arose under some the rules in terms of going through Mr. KENNEDY. Then at 6:30 that circumstances due to the arbitrariness public hearings, public notice, and to night, July 31, after we worked out the or termination of patent extensions. To give consumers a right to speak. It is portability and the MSA, I remember avoid this very problem, that law was absolutely wrong, Mr. President. the call from Senator KASSEBAUM say- passed to treat all companies equally I hope we will have an opportunity to ing that we only had about 10 more and fairly. That system has worked address this more, then move very minutes to sign. And so this Senator pretty well. As a matter of fact, Lodine quickly to the final consideration of signed on the basis of the representa- itself has already gone through that the very important health care bill tions of what I knew was in the bill and process and it has already received a 2- which we have reached resolution on. I the representations that were made by year extension. see no other reason, if that unjustified the various staff and other Members But it still claimed that it was treat- special provision was resolved, that we who were familiar with the language. ed unfairly by the FDA. It still claimed could not resolve the conference report There was never any mention of any that the FDA delayed its approval and in an hour, or even less, so that it special interest provision for Lodine. was unfairly denied years of patent could be on its way to the President of We had the press conference an- protection. But, as everyone knows, the United States. nouncing the agreement around 8 p.m. the claim that the FDA delayed ap- But, before we can do that, this spe- that night. proval has no merit. Everyone knows cial interest slipped into the health Then, around 10:30 that night, the this, because this claim was thor- care bill will have to be examined. The Democratic staff go to legislative oughly reviewed in 1992 and 1993. In American consumers deserve better counsel and see the administrative fact, the GAO did a full review and pub- than this type of shabby treatment. simplification section, which they were lished a detailed report in April of 1993. The PRESIDING OFFICER (Mr. being shown for the very first time. The conclusions were unambiguous and KYL). The Senator from Vermont. And there it was. Stuck in the adminis- firm: any delay was the company’s f trative simplification section was this fault, not the FDA. MOLLIE BEATTIE REMEMBERED special provision for Lodine. This is the I will conclude with this: In 1993, the Mr. LEAHY. I will be very brief, Mr. first time that anyone had seen this GAO issued its report specifically President. A few weeks ago, one of provision. Indeed, it was the first time about the Lodine patent. GAO con- Vermont’s most noted and valued citi- anyone had even heard about it in con- cluded there was no basis for recom- zens, Mollie Beattie, died. Much was nection with the health care bill. mending a patent term extension. said on the floor of the Senate about They thought they killed it in the Lodine’s approval was delayed because her. Much was said in Vermont at her Defense authorization. They thought of the company’s actions and for public memorial service and again at the De- they killed it in the agriculture appro- health reasons. I have that GAO report partment of Interior when the Sec- priations bill. But, they didn’t. No. It right here. We will have a chance to retary of Interior, as well as the Vice was snuck into the health care bill and get into it in greater detail, but for President, her husband and others no one knew it and the rest is history. now let me tell you their fundamental spoke. Much also was written in It is interesting that over in the conclusions: Vermont. House on August 1, there was a Demo- (1) it is a ‘‘me-too’’ drug which provided no I noted a commentary by Jim cratic effort to recommit the bill due significant public health benefit or thera- Wilkinson in one of our Vermont news- to the special patent provision and also peutic breakthrough, which would justify ex- pedited review (such as AIDS or cancer papers about Mollie Beattie. Jim because of the nonparity for mental drugs); Wilkinson is one of those quintessen- health. (2) concerns about Lodine’s carcino- tial Vermonters who represents the The vote to re-commit in the House genicity were raised both in Canada and the best values of our State. I have known was 224 to 198. I have heard from a United States, which had to be resolved be- him for decades, both in his role as the number of my colleagues that if that fore the drug could be approved; commissioner of Vermont Department motion had only dealt with the patent (3) FDA found that the Lodine submission was ‘‘piecemeal, voluminous, disorganized of Forest, Parks and Recreation, and provision, it would have been rejected and based on flawed clinical studies.’’ more recently as the consulting for- and returned to the conference. (4) the Lodine submission to FDA did not ester for the tree farm my wife and I Now, Senator LOTT’s spokeswoman contain ‘‘enough data to prove efficacy until have in Middlesex, VT. He is a man of was quoted in today’s CongressDaily. I September 1989’’—almost 7 years after the great depth, great honesty, and, frank- know Senator LOTT would want to submission was made to FDA. ly, great wisdom. clear up the alleged quote in Congress It goes on and on. Every single claim I ask unanimous consent that what Daily because it said that this special made by the company was inves- he had to say about Mollie Beattie, re- provision was added with full knowl- tigated, reviewed and rejected on the ported in the Rutland Daily Herald, be edge of the conferees and was done for merits. That is why this special inter- printed in the RECORD. fairness. He was either misquoted or est provision keeps being slipped in There being no objection, the mate- wrong on that, because it was not done under cover of darkness. It can’t stand rial was ordered to be printed in the with the knowledge of the conferees. If the light of day. There is no merit or RECORD, as follows: it were done with the knowledge of basis for special treatment. Indeed, the [From the Rutland Daily Herald, July 23, some of the conferees, then I hope they facts show that this particular drug 1996] will come over here and explain it. Ex- and this company was already treated MOLLIE BEATTIE REMEMBERED plain who knew about it. Explain who fairly and appropriately. Under the (By Jim Wilkinson) didn’t know about it. Explain why this rules that everyone else has to abide Webster defines ‘‘memoir’’ as ‘‘a report on special provision was slipped into the by, Lodine was treated right. It should an event of significance.’’ This memoir is a health care bill without our knowledge. have to play by the same rules as its personal observation on the life of Mollie Now, it certainly was not done for competitors and everyone else. Beattie, an event of great significance. fairness. It was slipped into the bill Mr. President, I had hoped this spe- Mollie has been proclaimed as a scholar, a without telling anyone, because it is cial interest provision would not be in- forester, a writer, a philosopher—all that not fair, and it is not deserved. Now, cluded. It is not the way to do business. and more. She was known as a friend, a pub- Mr. President, I will not take the time It is a special interest provision that lic servant, a leader. In all of these roles Mollie’s time with us was lived to the fullest, now to go into all of the details, but I was added without the knowledge of with vitality, commitment, and serenity. will draw the Senate’s attention to the the members of the conference. It is Others have written or spoken of her ca- fact that we have been addressing these bad policy. reer in public service to Vermont and to the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9465 nation. Her political savvy and integrity There are many, many items that are tionale behind that, or the necessity, is brought professional respect, as well as out- very important to Senators. I want to that they are prepared and required, standing accomplishment. The great courage get them cleared and get them out. under the new laws governing effluent of her final year has been cited as she fought For example, Sterling Forest, my and air quality, to invest roughly $200 and at last accepted death with confidence, peace and encouragement for others. Not good friend Senator D’AMATO has been million in converting this plant— only at death’s door was courage so evident. urging me, clear Sterling Forest. The which, I might add, is our only year- Her professional standards and personal val- New York Times has taken up the round manufacturing plant—in south- ues demanded courage and confidence and charge. I certainly want to see Sterling eastern Alaska, upon which 2,000 jobs determination in reaching the goals she set Forest cleared. I want to support the are dependent. They simply must have for herself. position of my friend, Senator a contractual commitment from the Mollie recognized the importance of main- D’AMATO from New York, who re- Forest Service for supply of raw mate- taining a strong, healthy persona—phys- sponded to the editorial of the New rial. ically, mentally and spiritually—not a self- ish concern for her ego, but the pragmatic York Times as it affects New Jersey, as Now, why is that different in Alaska? acceptance that thus only could she give the it affects New York. We attempted to It is different in Alaska, Mr. President, most of her life. Carlyle wrote that ‘‘Life is clear that, along with the Utah ski bill, because we have no other source of a little gleam of time between two eter- and a couple of small native items for timber. There is no private timber. nities.’’ Mollie’s life was a great burst of Alaska. There is no State timber. It is all light in that time allotted to her. We have I cannot recall how many holds—it owned by the Federal Government, and been blessed by it. was like a rabbit trail. You could not their current contract is about to ex- She had one unusual and wonderful at- keep up with it fast enough. Once we pire. tribute—that of an unconscious but strong attempted to clear them, one hold 1 sense of personal presence, not one of power I ask unanimous consent to have 1 ⁄2 or command, but a presence that, of itself, would go on, someone would attempt more minutes. demanded attention and got it. Hard to de- to remove the hold, and, bingo, it is The PRESIDING OFFICER. Without scribe, but easy to recognize when you were back on. My good friend from Utah, objection, it is so ordered. exposed to it. Yet there were occasions when, Senator BENNETT, spent endless hours Mr. MURKOWSKI. If the 15-year con- while looking directly at you, she would trying to clear that. This is a blatant tract is not extended, this plant—the leave you dreaming or thinking of some se- abuse of the whole process. It has to only manufacturing plant, with 2,000 cret, transmundane reality, some mystic stop. I know the leadership feels that jobs—will be lost, and the pulp timber other world that only she could know and way. The Members are going to have to will be exported out of the State, which could not share. Then with a glance and a grin she would return her attention to you. recognize a few realities. is really a travesty. At the end Mollie could have assured us, ‘‘I Over the past several months, I have Now, that is the interest of the Sen- own only my name. I’ve only borrowed this been working with my House counter- ator from Alaska in this package. So, dust.’’ Mollie’s dust has returned to the parts to put together a package in con- Mr. President, I hope that clears up earth from which it evolved. But her name ference on the Presidio bill. It has vir- any doubts in the minds of anybody will live long in our memories. May those tually everything in it. Everybody is relative to the environmental aspects memories serve to guide, strengthen and en- not going to like everything in it, but of the merits of this contract. This is courage us in our lives of service. there is virtually something in it for to provide a chlorine-free new mill to The PRESIDING OFFICER. The Sen- every Member. If you want to get be- replace the old one. But it can only ator from Alaska. hind this bill and get these land issues happen if there is a contractual com- Mr. MURKOWSKI. I thank the Chair. passed, you are simply going to have to mitment for timber, because nobody is f recognize that we will have to keep the going to spend $200 million without an BLANKET HOLDS ON ENERGY bill together. assured supply and a contract with the Due to the holds and the situation of COMMITTEE BILLS Federal Government. the Senate, the process has become So I am committed to moving these Mr. MURKOWSKI. I rise today to in- cumbersome, to say the least. Vir- bills. My committee has held hearings form my colleagues of my degree of tually everyone who has a parks or on these bills and held the markups. I frustration with the gridlock that has public lands bill introduced in the have supported and voted for each of occurred this entire Congress pre- House or Senate wants to be included these bills. I am not the problem, Mr. venting passage of virtually every bill in any package that is moving. President. But unless these holds are reported by my committee, the Com- On the other hand, if I try to move an lifted, I don’t see how I can be part of mittee on Energy and Natural Re- individual bill separately, Members the solution. So I urge my colleagues— sources. As chairman of that com- think the Presidio package is dying particularly the leadership—to do what mittee, I obviously have the obligation and want to be included in the meas- they can to end this gridlock. It just of moving the bills out. I have at- ure, as well. So what we have, Mr. has to be stopped. tempted to do that. President, is gridlock. I am not going I yield the floor. I think it was the night before last, to point fingers. It is just the reality. Mr. WELLSTONE addressed the Mr. President, that the minority lead- Mr. President, frankly, I have had it. Chair. er, Senator DASCHLE, expressed similar Unless those Members who have blan- The PRESIDING OFFICER. The Sen- frustration over an objection from this ket holds on Energy Committee bills, ator from Minnesota. side of the aisle to a judicial nominee. unless they lift those holds and allow f You can imagine my frustration when me, as chairman, to work the system, a few Senators from the Democratic to start moving individual bills and EXTENSION OF PATENT FOR side have prevented passage of all 72 packages where appropriate, no bills LODINE bills from my committee currently are going to move. That would be a Mr. WELLSTONE. Mr. President, I pending on the calendar. Those objec- shame, Mr. President, because these will be very brief. tions, Mr. President, were not based on bills affect our Nation’s parks, public Mr. President, I have sent a letter to the merits of the bills being held; they lands, our forests. They are good public my colleagues about the inclusion of were based on a problem with some policy, and they are good for the envi- the extension for the patent of the drug other bill. So we have this chain of ronment. Lodine in the health insurance con- ‘‘you are not going to support my bill I want to also add one more thing, ference report and announced my in- unless your bill passes.’’ because there is some confusion about tention to raise a point of order about I think it is fair to note that during the interests of the Senator from the this, since a similar provision was not part of the last year and a half, all of State of Alaska. The Tongass is not included in either the House or the my committee bills were being held part of this package. There is a pro- Senate bill. Whatever the intentions of not because of any inaction by the Sen- posal to allow an extension, for 15 whoever inserted this into conference ate or my committee, but the excuse years, of a competitive timber contract committee report in the dark of was the House was not acting quickly with the Forest Service for Louisiana night—and I don’t know what their in- enough on some matter of interest. Pulp Co., Louisiana Pacific Co. The ra- tentions were—certainly the impact of

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9466 CONGRESSIONAL RECORD — SENATE August 2, 1996 this provision on consumers will be dis- FAMILY HOUR PROGRAMMING unusual. Who among us—among all the astrous. Moreover, granting such an Mr. DEWINE. Mr. President, earlier parents in this country—has not been extension in the dark of night is not this week, the President of the United very worried about what their children the way to legislate. States gathered the TV networks to- might suddenly be exposed to on TV? So all of my colleagues have a letter gether to work out a much-trumpeted Just a few years ago, during the fam- announcing my intent to challenge this agreement on quality TV programming ily hour, you did not have to do that. I provision on a point of order. I am also for children. I certainly applaud the am not talking about just the 1950’s or considering offering a concurrent reso- President’s efforts, and I am pleased the 1960’s; I am talking about as re- lution to delete this provision from the that the meeting has served to at least cently as less than a decade ago. I conference report. My hope is that we spotlight this important issue. But the think many of us in politics do not can get bipartisan support for this ef- sad fact remains that this new and im- fully realize how much and how fast fort, in which case, one way or the proved agreement to bring quality pro- TV has changed just in the last few other, we can knock this special inter- gramming to our children is really years. That is why I think my col- est giveaway out of conference com- nothing more than a ratification of the leagues will be interested in seeing a mittee report. status quo. In fact, two of the major comparison of the TV Guide listings for I want to state to my colleagues that networks announced they already met the hour between 8 and 9 o’clock as this patent extension that we see be- this agreement. Another said that it is they have changed over the years. fore us for the manufacturer of Lodine just barely short of compliance now. I ask unanimous consent that this essentially means that for a period of 2 So, essentially, the President has very interesting document be printed years, and in effect over a period of 5 come out and said he approves of what in the RECORD at the conclusion of my years because of the way the provision the networks are already doing about remarks, and I recommend it to the at- is written, cheaper versions of the pre- quality programming; the status quo is tention of my colleagues. scription drug will not be made avail- OK. The PRESIDING OFFICER. Without able to consumers. People who are suf- Mr. President, as the father of eight objection, it is so ordered. fering from arthritis and are not able children, and now the grandfather of (See Exhibit 1.) to buy a cheaper drug will pay millions three, let me just say that I do not ap- Mr. DEWINE. This was put together of dollars that they should not have to. prove of what the networks are doing. by Dan Wewers, a young man who in- This is really outrageous. In fact, I find that some of what you terned in my office. He researched the When I was a college professor, I see on television during the so-called TV Guides going back to 1954 and talked about conference committees, family hour, from 8 to 9 o’clock at looked at a typical week. We take it and I knew they were kind of the third night, is absolutely outrageous today. I every so many years, in 1954, in 1960, all House of the Congress, but I had no do not approve of it. I can say with as- the way up through July 14 through idea that this type of thing happened surance that parents I have talked to the 20th of 1996. People are not going to all the time, or some of the time. But are clearly frustrated with television approve or like every program on here. it should not happen any of the time. programming today. The last thing we They weren’t all great shows. But the What we have here is a company that want to say to the networks is, ‘‘Just point is, I think there were very few sells over a quarter of a billion dollars keep on doing what you are doing.’’ times where you could not at least find worth of a drug, willing to pay the Parents do not want a measure that one program between 8 and 9 o’clock Government $10 billion a year for the has a lot of fanfare and no substance. that was suitable to watch with your additional costs that the patent exten- They want to do something real. Per- children. sion will cost the Government in in- sonally, I would like to be able to sit Mr. President, the networks recog- creased Medicaid and health care costs, down after dinner with my 13-year-old nize, at least in principle, that they but not willing to do anything for con- daughter, Alice, or my 9-year-old son, have a responsibility to the public. As sumers and seniors. And quite frankly, Mark, or my 4-year-old daughter, parents and citizens, we have both the the payments to the Government are Anna, and watch a half an hour or an right and the duty to tell the networks nothing compared to the ripoff of sen- hour of TV without having to always what we think they should do—the lit- iors and consumers. be in some sort of high state of alert tle changes they can make that we be- for things that might not be appro- lieve will make a positive difference in I hope that we may be able to do priate for any one of them to see. the lives of our children and our fami- something about this situation to- You know, Mr. President, it was not lies. gether, in a bipartisan way. I believe that many years ago that we did not Scheduling 1 hour of programming in that Senator KENNEDY, Senator KASSE- have this problem. We could all watch the early evening that is appropriate BAUM, and many other Senators will be TV with our children between 8 and 9 for parents to watch with their chil- interested in doing that one way or the o’clock at night without having to dren would be a very big positive step, other. I started talking about this yes- worry about them. While every show and it would be a great change from terday when I realized that, in the dark between 8 and 9 wasn’t a great show, at the status quo. That is why I support of night, this provision had been in- least you could find one show between the Lieberman initiative, and I think serted, and one way or the other I am 8 and 9 o’clock at night that was appro- my colleagues, if they look at the doc- going to take action as a Senator from priate for a child to watch with a par- ument I am submitting today, which I Minnesota to do everything I can to ent. asked be printed in the RECORD, they knock this provision out. Mr. President, I think we should take will come to the same conclusion. This provision represents a giveaway advantage of the attention that the I think the President should talk to to a special interest at the expense of White House has focused on this issue, Senator LIEBERMAN about this idea. It patients and senior citizens, and, quite and I think we should use it to call for is a good idea, and it would make a real frankly, the mysterious manner in some measures that really would make difference. which it was added to the conference a difference. I yield the floor. report late at night is not the way we Our distinguished colleague from EXHIBIT 1 ought to be conducting our affairs Connecticut, Senator LIEBERMAN, has FAMILY HOUR PROGRAMMING here. This is a perfect example of the recently proposed a resolution that I (8:00–9:00 p.m.) kind of practice that makes people lose think would do a great deal to accom- confidence in our political process. plish this goal. His resolution would TV GUIDE LISTINGS Therefore, I hope all Senators, Repub- call upon the networks, on a strictly New York Metropolitan Area 1 licans and Democrats alike, will join voluntary basis, to restore the idea of Major Network Stations me in my effort to knock this provision family hour programming. (CBS, NBC, ABC, and FOX) out. That, Mr. President, would make a For the dates of: Mr. DEWINE addressed the Chair. real difference in the lives of America’s APRIL 2–8, 1954 The PRESIDING OFFICER. The Sen- families. I would guess that, on this ator from Ohio is recognized. issue, my experience is not unique or 1 Washington, D.C. Metropolitan Area

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9467 APRIL 2–8, 1960 NBC Hollywood Sings—Variety ABC Combat!—Drama APRIL 4–10, 1964 ABC Maverick—Western 8:30 p.m. APRIL 4–10, 1970 8:30 p.m. NBC You Don’t Say!—Kennedy APRIL 5–11, 1975 ABC Lawman—Western ABC McHale’s Navy APRIL 5–11, 1980 Monday, April 4, 1960 Wednesday, April 8, 1964 APRIL 6–12, 1985 8:00 p.m. APRIL 4–10, 1992 8:00 p.m. CBS CBS Reports JULY 14–20, 1996 CBS Texan—Western NBC Riverboat—Adventure NBC Virginian—Western WEEK OF APRIL 2–8, 1954 ABC Cheyenne—Western ABC Patty Duke—Variety TV GUIDE 8:30 p.m. 8:30 p.m. New York Metropolitan Area CBS Father Knows Best CBS Suspense—Mystery ABC Farmer’s Daughter Friday, April 2, 1954 NBC Wells Fargo—Western ABC Bourbon Street Beat Thursday, April 9, 1964 8:00 p.m. CBS Mama—Peggy Wood Tuesday, April 5, 1960 8:00 p.m. NBC Dave Garroway—Variety 8:00 p.m. CBS Rawhide—Western ABC Ozzie & Harriet—Comedy CBS Dennis O’Keefe NBC Temple Houston—Western 8:30 p.m. NBC Laramie—Western ABC Donna Reed—Comedy CBS Topper—Comedy ABC Bronco—Western 8:30 p.m. NBC Life of Riley—Bendix 8:30 p.m. NBC Dr. Kildare—Drama ABC Playhouse—Anita Colby CBS Dobie Gillis—Comedy ABC My Three Sons Friday, April 10, 1964 Saturday, April 3, 1954 NBC Startime—Drama ABC Wyatt Earp—Western 8:00 p.m. 8:00 p.m. CBS Great Adventure CBS Jackie Gleason—Comedy Wednesday, April 6, 1960 NBC International Showcase NBC Spike Jones—Variety 8:00 p.m. ABC Destry—Western ABC My Hero—Comedy CBS Be Our Guest—Variety 8:30 p.m. 8:30 p.m. NBC Wagon Train—Western CBS Route 66—Drama CBS Amateur Hour—Mack ABC Spring Night—Music NBC Ernie Ford—Variety ABC The Unexpected—Film 8:30 p.m. ABC Burke’s Law—Mystery Sunday, April 4, 1954 CBS Men Into Space—Adventure NBC Price Is Right—Contest WEEK OF APRIL 4–10, 1970 8:00 p.m. ABC Ozzie and Harriet TV GUIDE CBS Toast of the Town New York Metropolitan Area NBC Comedy Hour—Variety Thursday, April 7, 1960 ABC The Mask—Drama 8:00 p.m. Saturday, April 4, 1970 Monday, April 5, 1954 CBS Betty Hutton—Comedy 8:00 p.m. NBC Bat Masterson—Western CBS Jackie Gleason 8:00 p.m. ABC Donna Reed—Comedy NBC Andy Williams CBS Burns & Allen—Comedy 8:30 p.m. ABC Newlywed Game NBC Name That Tune—Quiz CBS Johnny Ringo—Western 8:30 p.m. ABC Sky King—Kirby Grant NBC Producers’ Choice—Drama CBS My Three Sons 8:30 p.m. ABC Real McCoys—Comedy NBC Adam–12 CBS Talent Scouts—Godfrey Friday, April 8, 1960 ABC Lawrence Welk NBC Concert—Barlow ABC Movie—‘‘World Without End’’ 8:00 p.m. Sunday, April 5, 1970 CBS Rawhide—Western Tuesday, April 6, 1954 8:00 p.m. NBC Troubleshooters CBS Ed Sullivan 8:00 p.m. ABC Walt Disney—Cartoon NBC World of Disney CBS Gene Autry—Western 8:30 p.m. ABC FBI NBC Milton Berle—Comedy CBS Hotel De Paree 8:30 p.m. ABC The Mask—Drama NBC Art Carney—Drama Special NBC Bill Cosby 8:30 p.m. ABC Man From Blackhawk Monday, April 6, 1970 CBS Red Skelton—Comedy 8:00 p.m. Wednesday, April 7, 1954 WEEK OF APRIL 4–10, 1964 CBS Gunsmoke 8:00 p.m. TV GUIDE NBC Laugh-In CBS Godfrey & Friends New York Metropolitan Area ABC ABC News Special NBC I Married Joan—Comedy Saturday, April 4, 1964 8:30 p.m. ABC Film Drama 8:00 p.m. CBS Here’s Lucy 8:30 p.m. ABC Movie—‘‘An Eye for an Eye’’—Western NBC My Little Margie—Comedy CBS Jackie Gleason Tuesday, April 7, 1970 ABC Into the Night—Mystery NBC Lieutenant—Drama ABC Hootenanny—Songs 8:00 p.m. Thursday, April 8, 1954 8:30 p.m. CBS Lancer 8:00 p.m. CBS Defenders—Drama NBC NBC White Paper CBS Meet Mr. McNutley—Film NBC Joey Bishop—Comedy ABC Mod Squad NBC Groucho Marx—Quiz ABC Lawrence Welk 8:30 p.m. ABC Boston Blackie—Film Sunday, April 5, 1964 CBS Red Skelton 8:30 p.m. 8:00 p.m. NBC Julia CBS Four Star Playhouse CBS Ed Sullivan—Variety ABC Comedy Special NBC Justice NBC Walt Disney’s World Wednesday, April 8, 1970 ABC Ray Bolger—Comedy ABC Empire—Drama 8:00 p.m. 8:30 p.m. CBS Hee Haw—Variety WEEK OF APRIL 2–8, 1960 NBC Grindl—Imogene Coca NBC Virginian TV GUIDE ABC Arrest and Trial ABC Nanny New York Metropolitan Area Monday, April 6, 1964 8:30 p.m. Saturday, April 2, 1960 8:00 p.m. CBS Beverly Hillbillies 8:00 p.m. CBS I’ve Got a Secret—Panel ABC Room 222 CBS Perry Mason—Mystery NBC Movie—‘‘The Virgin Queen’’—Biog- Thursday, April 9, 1970 NBC Bonanza—Western raphy 8:00 p.m. ABC High Road—Gunther ABC Outer Limits—Drama CBS Jim Nabors 8:30 p.m. 8:30 p.m. NBC Daniel Boone CBS Wanted—Dead or Alive—Western CBS Lucille Ball—Comedy ABC That Girl NBC Man and the Challenge ABC Wagon Train—Western 8:30 p.m. ABC Leave It to Beaver Tuesday, April 7, 1964 NBC Ironside Sunday, April 3, 1960 8:00 p.m. ABC Bewitched 8:00 p.m. CBS Red Skelton—Comedy Friday, April 10, 1970 CBS Playhouse 90—Drama NBC Mr. Novak—Drama 8:00 p.m.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9468 CONGRESSIONAL RECORD — SENATE August 2, 1996 CBS Adventure NBC Chips—Crime Drama ABC Wildside—Western NBC High Chaparral ABC Movie—‘‘The Ten Commandments’’— 8:30 p.m. ABC Tales From Muppetland (Regularly, Biography NBC Family Ties the Brady Bunch) 8:30 p.m. Friday, April 12, 1985 8:30 p.m. CBS One Day at a Time 8:00 p.m. CBS Hogan’s Heroes Monday, April 7, 1980 NBC Name of the Game CBS Detective in the House—Mystery 8:00 p.m. ABC Ghost/Mrs. Muir NBC Knight Rider CBS WKRP in Cinicinnati ABC Webster NBC Little House on the Prairie WEEK OF APRIL 5–11, 1975 8:30 p.m. ABC That’s Incredible ABC Mr. Belvedere—Comedy TV GUIDE 8:30 p.m. New York Metropolitan Area CBS Stockard Channing WEEK OF APRIL 4–10, 1992 Saturday, April 5, 1975 Tuesday, April 8, 1980 8:00 p.m. 8:00 p.m. TV GUIDE CBS All in the Family CBS White Shadow New York Metropolitan Area NBC Emergency! NBC Misadventures of Sheriff Lobo ABC Kung Fu ABC Happy Days Saturday, April 4, 1992 8:30 p.m. 8:30 p.m. 8:00 p.m. CBS The Jeffersons ABC Laverne & Shirley CBS NCAA Basketball Sunday, April 6, 1975 Wednesday, April 9, 1980 NBC Golden Girls FOX Cops 8:00 p.m. 8:00 p.m. ABC Who’s the Boss? CBS Cher—Variety CBS Movie—‘‘A Boy Named Charlie 8:30 p.m. NBC World of Disney Brown’’—Cartoon NBC Powers That Be ABC Jacques Cousteau—Documentary NBC Real People FOX Cops 8:30 p.m. ABC Eight is Enough ABC Billy—Comedy CBS Kojak—Crime Drama Thursday, April 10, 1980 NBC McCloud 8:00 p.m. Sunday, April 5, 1992 ABC Movie—‘‘Man in the Wilderness’’—Ad- CBS Palmerstown, U.S.A—Drama 8:00 p.m. venture NBC Buck Rogers in the 25th Century—Sci CBS Murder, She Wrote Monday, April 7, 1975 Fi NBC Mann & Machine—Crime Drama 8:00 p.m. ABC Mork & Mindy FOX ROC—Comedy CBS Gunsmoke 8:30 p.m. ABC Funniest Home Videos NBC Carl Sandburg’s Lincoln ABC Benson—Comedy 8:30 p.m. ABC Rookies Friday, April 11, 1980 FOX In Living Color ABC America’s Funniest People Tuesday, April 8, 1975 8:00 p.m. 8:00 p.m. CBS Incredible Hulk Monday, April 6, 1992 CBS Good Times—Comedy NBC Here’s Boomer—Adventure 8:00 p.m. NBC Adam–12 ABC When the Whistle Blows—Comedy CBS Evening Shade ABC Happy Days—Comedy 8:30 p.m. NBC Fresh Prince 8:30 p.m. NBC The Facts of Life. FOX Movie—‘‘Night of the Comet’’— CBS M*A*S*H Science Fiction NBC Cavalcade of Champions Awards WEEK OF APRIL 6–12, 1985 ABC FBI: The Untold Stories ABC Movie—‘‘Guess Who’s Sleeping in My TV GUIDE 8:30 p.m. Bed?’’ New York Metropolitan Area CBS Major Dad Wednesday, April 9, 1975 Saturday, April 6, 1985 NBC Blossom ABC American Detective 8:00 p.m. 8:00 p.m. CBS Tony Orlando and Dawn—Variety CBS Daffy Duck—Cartoon Tuesday, April 7, 1992 NBC Little House on the Prairie—Drama NBC Diff’rent Strokes 8:00 p.m. ABC That’s My Mama—Comedy ABC T.J. Hooker—Crime Drama CBS Rescue 911 8:30 p.m. 8:30 p.m. NBC In the Heat of the Night—Crime ABC Movie—‘‘The Story of Pretty Boy CBS Bugs Bunny—Cartoon Drama Floyd’’—Drama NBC Gimme a Break! FOX Movie—‘‘Tough Enough’’—Drama Thursday, April 10, 1975 Sunday, April 7, 1985 ABC Full House 8:00 p.m. 8:00 p.m. 8:30 p.m. CBS The Waltons CBS Murder, She Wrote—Mystery ABC Home Improvement NBC Movie—‘‘Conspiracy of Terror’’—Com- NBC Movie—‘‘Florence Nightengale’’— Wednesday, April 8, 1992 edy-Drama Drama 8:00 p.m. ABC Barney Miller—Comedy ABC Movie—‘‘Superman II’’—Fantasy CBS Royal Family 8:30 p.m. Monday, April 8, 1985 NBC Unsolved Mysteries ABC Karen—Comedy 8:00 p.m. FOX Movie—‘‘All the Right Moves’’— Friday, April 11, 1975 CBS Scarecrow and Mrs. King Drama 8:00 p.m. NBC TV’s Bloopers and Practical Jokes ABC Wonder Years CBS Comedy Special—‘‘Rosenthal and ABC Hardcastle and McCormick—Crime 8:30 p.m. Jones’’ Drama CBS Davis Rules NBC Sanford and Son Tuesday, April 9, 1985 ABC Doogie Howser ABC Night Stalker—Drama Thursday, April 9, 1992 8:30 p.m. 8:00 p.m. CBS We’ll Get By CBS Lucie Arnaz—Comedy 8:00 p.m. NBC Chico and the Man—Comedy NBC A–Team CBS Top Cops ABC Three’s a Crowd NBC Cosby Show 8:30 p.m. WEEK OF APRIL 5–11,1980 FOX Simpsons CBS Movie—‘‘Coal Miner’s Daughter’’— ABC Columbo TV GUIDE Biography 8:30 p.m. New York Metropolitan Area ABC Foul-ups, Bleeps & Blunders NBC Different World Saturday, April 5, 1980 Wednesday, April 10, 1985 FOX Drexell’s Class 8:00 p.m. 8:00 p.m. Friday, April 10, 1992 CBS Tim Conway—Variety CBS Double Dare—Crime Drama 8:00 p.m. NBC B.J. and the Bear NBC Highway to Heaven—Drama CBS Tequila and Bonetti—Crime Drama ABC Easter Bunny is Comin to Town—Car- ABC Fall Guy NBC Matlock toon Thursday, April 11, 1985 FOX America’s Most Wanted Sunday, April 6, 1980 8:00 p.m. ABC Family Matters 8:00 p.m. CBS Magnum, P.I.—Crime Drama 8:30 p.m. CBS Archie Bunker’s Place NBC Cosby Show ABC Step by Step

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9469 WEEK OF JULY 14–20, 1996 shortly on the Kassebaum-Kennedy sion, but I intend to join with col- TV GUIDE legislation, because breaking this po- leagues of both parties to make sure Washington, DC. Metropolitan Area litical logjam on health care reform that mental health parity is an issue Sunday, July 14, 1996 means that millions of Americans who revisited early in the next Congress. 8:00 p.m. are stuck in jobs because they have a Finally, as happens often in large CBS Murder, She Wrote preexisting health problem will have a conference reports, a few stray cats NBC Mad About You new margin of health security and eco- and dogs find some homes. This bill is FOX Simpsons nomic freedom. no exception. I am going to talk for a ABC Lois & Clark: The New Adventures of This legislation is good for American moment about a mongrel in this bill Superman families. It is good for our workers and that seems to have a pretty bad case of 8:30 p.m. NBC Movie: ‘‘Tequila Sunrise’’—Drama our business. What it means is that fleas. There is a provision in this legis- FOX Married . . . With Children fear of losing critical health insurance lation that would give the antiarthritic Monday, July 15, 1996 coverage no longer would be a road- prescription drug Lodine a 2-year pat- 8:00 p.m. block on the road to a better job and a ent extension. Supporters of this idea CBS Nanny better life. I want to applaud the bipar- first tried to maneuver it into the 1997 NBC Fresh Prince of Bel-Air tisan efforts of the Senate conferees, agriculture appropriations bill in the FOX Movie: ‘‘So I Married An Axe Mur- particularly Senator KENNEDY, Senator House. It is now in this legislation, derer’’—Comedy KASSEBAUM, and Senator BREAUX, who page 76, subtitle H. ABC Marshal put long and hard service into this leg- This is a bad idea, in my view, and it 8:30 p.m. islation, and it will be an important certainly should not be a part of an im- CBS Almost Perfect step forward when adopted. portant bipartisan health reform bill. NBC Fresh Prince of Bel-Air Besides guaranteeing portability of Lodine has already received one exten- Tuesday, July 16, 1996 health insurance coverage, this legisla- sion under the terms of the 1984 Hatch- 8:00 p.m. tion contains little-noticed provisions Waxman amendments allowing for ad- CBS The Client that I think are going to make a great ditional patent life on drugs which be- NBC 3rd Rock From the Sun FOX Movie: ‘‘Alien Nation: Dark Hori- difference with respect to expanding come involved in long regulatory ap- zon’’—Sci Fi health insurance coverage. This legis- proval delays. With that extension, the ABC Roseanne lation, to the bipartisan credit of those drug’s manufacturers have built sales 8:30 p.m. Senate leaders, protects State flexi- of $274 million. Many of these pur- NBC Newsradio bility with respect to State health in- chasers are seniors. Many of those who ABC Drew Carey surance reforms. States like mine are buy this anti-inflammatory drug are Wednesday, July 17, 1996 laboratories for health care reform, older people, walking on an economic 8:00 p.m. and it is essential that we not turn out tightrope, balancing their food costs CBS Dave’s World the laboratories at the State level with against their fuel costs, their fuel costs NBC Dateline unnecessary Federal restrictions. against their medical bills, and they FOX Beverly Hills, 90210 Senators KASSEBAUM and KENNEDY are paying for this drug, many of them, ABC Ellen worked very closely with me so that 8:30 p.m. out of their pocket. CBS Can’t Hurry Love the exemption language in this legisla- Mr. President, if Lodine’s current ex- ABC Faculty tion will allow Oregon’s humane, ra- tension is allowed to run out in 1997, Thursday, July 18, 1996 tional, and far-reaching health insur- this drug likely would get a generic 8:00 p.m. ance reform program to go into effect competitor, and those consumers, CBS Wynonna: Revelations—Special later this year. It would provide exten- those vulnerable older people would get NBC Friends sive group to individual policy reform a price break as a result of the com- FOX Martin in much the same way our Federal leg- petition. They are not going to get ABC High Incident islation envisages, but the approach that break with this extension. I think 8:30 p.m. that Oregon is taking is one that I it is unwise for the Senate to take NBC Mad About You think other States and possibly the more money out of the pockets of older FOX Living Single Federal Government will want to emu- people in this fashion. There have not Friday, July 19, 1996 late in the days ahead. been any congressional hearings, have 8:00 p.m. Mr. President, there are features of not been any deliberations to look at CBS Movie: ‘‘National Lampoon’s Vaca- this bill and provisions that were not any public purpose served by another 2- tion’’—Comedy included that I think are unfortunate. year extension of the Lodine patent. I NBC Summer Olympic Games: Opening During this debate, I have expressed Ceremony think granting this extension creates a FOX Sliders concern about the possibility of some poor precedent. I am sorry to see this ABC Family Matters vulnerable Americans being left behind provision in this bill. It is a good bill, 8:30 p.m. if medical savings accounts become a bipartisan bill that needs to be en- ABC Boy Meets World widespread. Every Senator should want acted, but it is wrong to have this spe- Saturday, July 20, 1996 to oppose the balkanization of medi- cial-interest provision in this legisla- 8:00 p.m. cine, where the young, the healthy, and tion. CBS Dr. Quinn, Medicine Woman the wealthy get good affordable health Mr. President, I yield the floor. NBC Summer Olympic Games coverage at the expense of the sickest, Mr. BAUCUS addressed the Chair. FOX Cops the neediest, and the elderly. It is ap- The PRESIDING OFFICER. The Sen- ABC Movie: ‘‘Project ALF’’—Comedy propriate to test out the MSA concept, ator from Montana. 8:30 p.m. however, and I do believe this con- FOX Cops f ference report offers a reasonable com- Mr. WYDEN addressed the Chair. MISSOURI WATER RAID OF 1996 The PRESIDING OFFICER. The Sen- promise in the form of a limited MSA ator from Oregon. demonstration project. Mr. BAUCUS. Mr. President, in the I join Senator DOMENICI and Senator past 2 years, the House of Representa- f WELLSTONE and many of my colleagues tives has made some good decisions, HEALTH CARE REFORM in mourning the loss of mental health but I must say they have also made Mr. WYDEN. Mr. President, I rise parity in this legislation. Parity, in my some rather questionable ones that is, today to discuss for a few moments view, is not just fair, it is good health from the two Government shutdowns what will, hopefully, be before the Sen- care policy that saves health care dol- not too long ago to the attempted cuts ate before too long. Also, I will make lars in the long run by assuring quality in school lunches, Medicare, and col- some comments with respect to the mental health coverage and particu- lege loans. I think it has left a lot of us antiarthritic drug, Lodine. larly early intervention. I do not in- not only in the Senate but across the I am particularly pleased that the tend to vote against a good, bipartisan country shaking our heads. But the Senate will have a chance to vote bill because of the loss of one provi- great water raid they pulled off under

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9470 CONGRESSIONAL RECORD — SENATE August 2, 1996 Speaker GINGRICH’s leadership last So to prepare the Senate fully, I may pendix B, ‘‘Plant and Wildlife Species Tuesday may be the worst decision yet. read aloud the entire Army Corps’ List.’’ Let me sum up the water raid very ‘‘Master Water Control Manual.’’ This Volume 7G: ‘‘Environmental Studies: simply. The House, operating under a was published in July 1994, and it gives Wetland and Riparian,’’ including Ap- procedure that allowed no vote in the the corps present view of the optimal pendix C, ‘‘Fate of Wetland/Riparian Chamber, passed a water resources de- way to manage the Missouri River. Types,’’ Appendix D, ‘‘Diversity,’’ Ap- velopment bill that takes 30 days’ This manual, even in its present pendix E, ‘‘Backwater Analysis,’’ and worth of water out of Montana, out of form, is inadequate and unfair to the Appendix F, ‘‘Value Function Testing.’’ Wyoming and the Dakotas and sends it Upper Basin States—that is, Montana, Volume 7H: ‘‘Environmental Studies: downstream. Wyoming, North Dakota, and South Least Tern and Piping Plover, Historic This was done to give bargeowners Dakota. But it is a crucial document if Properties, and Mississippi River Envi- downstream 1 month’s worth of extra one hopes to first understand the gen- ronment.’’ navigation, bypassing the Army Corps esis and present state of the Missouri Volume 8: ‘‘Economic Impacts Model of Engineers, putting scientific and en- River debate and, second, to grasp and Environmental Impacts Model.’’ vironmental analysis in the trash bas- what management changes we need. And Volume 9: ‘‘Socioeconomic Stud- ket, and ignoring basic economics. That is why I will most likely read the ies.’’ For many years—in fact, ever since entire manual to the Senate. I know my colleagues must be won- Fort Peck Dam went up 60 years ago— Now, for the curious who may be lis- dering. They must be wondering, ‘‘That the Army Corps of Engineers has dis- tening in on this little discussion, I is an awful lot of volumes. If the water criminated in favor of downstream must say that the manual comes in raid boils down to navigation and tak- navigation and against the far more nine parts. I will just read off the en- ing water from recreation uses, why economically valuable recreation and tire front cover to let Senators know doesn’t the Senator from Montana just tourism industry upstream. They have what the manual contains and to give read Volume 6A and 6C on recreation done it by draining water out of the them a little preview. and navigation?’’ Upper Basin States, leaving farmers Volume 1: ‘‘Alternatives Evaluation Well, I might say that is the reason- and dockowners high and dry. Report.’’ able question. But I believe the water Only in the last 3 years has the Army Volume 2: ‘‘Reservoir Regulation raid issue is so important—it is such a Corps of Engineers finally begun to Studies: Long-Range Study Manual.’’ basic, fundamental question of fairness make decisions on sound science and Volume 3A: ‘‘Low-Flow Studies: Gav- and justice—that each Senator prob- good economics rather than special in- ins Point Dam to St. Louis, Missouri.’’ ably deserves the chance to hear the terest pleading. They have limited the Volume 3B: ‘‘Low-Flow Studies: Gav- issue in its full context and have the navigation season and allowed higher ins Point Dam to St. Louis, Missouri,’’ benefits of the entire context of this pool levels in our upper reservoirs, and including Appendix A on ‘‘Ice Impacts’’ issue. that is good. I hasten to say that the and Appendix B on ‘‘Water Quality Im- So I decided it probably would be system is still grossly biased against pacts.’’ more fair and probably more prudent our part of the country. I think the Volume 4: ‘‘Hydraulic Studies: Up- to read the entire manual than it corps need to do better, but we have stream from Gavins Point Dam.’’ would be, in essence, to cheat Senators made some progress. Volume 5: ‘‘Aggradation, Degrada- by skipping straight to Volumes 6A That was up until last Tuesday, when tion and Water Quality Conditions.’’ and 6C and calling it a day. the House decided to take an extreme Volume 6A: ‘‘Economic Studies: I might say I have with me just two step backward and steal 1 month’s Navigation Economics.’’ of the volumes, 6A and 6C. These are worth of water from us. That is the Volume 6B: ‘‘Economic Studies: the ones that go straight to the heart water we drink. It is the water farmers Water Supply Economics.’’ of matter. They are just two of the use to grow their crops. It is the water Volume 6C: ‘‘Economic Studies: total of nine volumes. As I said, I do ranchers need for their stock. It is the Recreation Economics.’’ not want to be unfair to my colleagues. water families, tourists, and sportsmen Volume 6D: ‘‘Economic Studies: Hy- So I feel that they should have the ben- use for fishing, swimming, and rafting. dropower Economics, Flood Control Ec- efit of the entire reading of the entire It is our water. And the House has used onomics, and Mississippi River Eco- list of all of the volumes. a rigged procedure—what my col- nomics.’’ Altogether, the manual runs to 21 league, PAT WILLIAMS, called a mid- Volume 6E: ‘‘Economic Studies: Re- bound volumes. If we add all of appen- night slam dunk—to take it away. gional Economics.’’ dices, it comes down to 21, several This great water raid, I might hasten Volume 7A: ‘‘Environmental Studies: thousand pages. And having finished to add, is not a done deal—far from it. Reservoir Fisheries,’’ including the the manual, I will then move on to the The Senate, acting with considerably main report along with Appendix A, point of discussing the errors that I be- more fairness, much more clear think- ‘‘Description of Resource,’’ and Appen- lieve are contained in the master man- ing, did nothing of the kind. In the dix B, ‘‘Reservoir Fish, Reproduction ual. overall bill that is now headed to the Impact Methodology.’’ I might tell Senators that this prob- conference committee, we will iron out Volume 7B: ‘‘Environmental Studies: ably would take some time. But the the differences between the good bill Reservoir Fisheries,’’ including Appen- conference will be done in September. we passed here—and to use a charitable dix C, ‘‘Coldwater Habitat Model.’’ And if it contains the water raid term—flawed bill passed in the House. Volume 7C: ‘‘Environmental Studies: clause, I will have no alternative. I will There is a good chance that the con- Riverine Fisheries,’’ including the be down here each and every day so ference committee will strip out this main report, and Appendix A, ‘‘Descrip- they can have the benefit of the entire water raid provision. As ranking mem- tion of Resource.’’ context of all the volumes so they can ber of the Environment and Public Volume 7D: ‘‘Environmental Studies: make a good decision on this issue. Works Committee and a member of the Riverine Fisheries,’’ including Appen- And I am pretty confident. I think I conference, I will do all I can to assure dix B, ‘‘Physical Habitat Analysis Up- can get most of the standards in by that we take it out. And I, certainly, stream of Sioux City,’’ and Appendix C, September. I may need a couple of will strenuously oppose any conference ‘‘Physical Habitat Analysis Down- weeks in October to get Senators fully agreement that contains the water stream of Sioux City.’’ informed. But it is, I think, important raid. Volume 7E: ‘‘Environmental Studies: that we have that. But I must tell my colleagues that if Riverine Fisheries,’’ Appendix D, ‘‘As- So I might say, Mr. President, in con- worse comes to worst, I want to put all sessing Temperature Effects on Habi- cluding, I thank my colleagues for al- of them on notice that there could well tat.’’ lowing additional time. It is my fer- be a full discussion of all the ramifica- Volume 7F: ‘‘Environmental Studies: vent hope and strong intention that tions of the Missouri River issue. It is Wetland and Riparian,’’ including the the water raid provision will be out be- very complicated. It requires a lot of main report along with Appendix A, fore the conference ends, so that it will background and a lot of study. ‘‘Field and Mapping Methods,’’ and Ap- be in the Senate here and not taking

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9471 all of this time to learn the full issue, penditures on radio advertisements at- penditures we see so often made by or- the ins and outs of it all. I do not look tacking the likely Democratic can- ganizations such as the National Rifle forward to reading it in its entirety, didate for a Senate seat. Association, the National Right to Life but I am taking this step, Mr. Presi- The FEC had charged that this ex- Committee, and the AFL–CIO. dent, because it is very simple. This penditure had violated the Federal lim- In the landmark Buckley decision provision was put in totally unfairly, it its on so-called coordinated expendi- and subsequent decisions such as the is totally wrong, and in a procedure tures and the tenth Circuit Court of 1986 decision in FEC versus Massachu- that is totally out of the question. Appeals agreed with the FEC’s assess- setts Right to Life, the Supreme Court I might remind Senators that water ment. has ruled that the Government cannot is our lifeblood in Montana. It does not The Federal coordinated expenditure limit independent expenditures which rain very much west of the 100th me- limit is the amount of money the na- the Court found to be pure expressions ridian. We very much want to stand up tional and State parties are permitted of political speech protected by the for what we think is right. I want Sen- to spend on express advocacy expendi- first amendment. ators to know this issue may come up. tures for the purpose of influencing a These rulings are the basis for the I thank my colleagues. Federal election. The coordinated ex- absence of Federal limits on inde- The PRESIDING OFFICER. The Sen- penditure limit is based on the size of pendent expenditures made by individ- ator from Wisconsin. each State. uals, organizations, and political ac- Mr. FEINGOLD. Mr. President, I ask It is important to understand what tion committees. unanimous consent to speak for 20 min- the litigants were arguing before the The key determination in the Colo- utes as in morning business. Court, because many people have tried rado decision was that the Court found The PRESIDING OFFICER. Is there to interpret this decision as something that this particular expenditure was an objection to the Senator speaking for other than what it is. independent expenditure, and an inde- 20 minutes? Without objection, it is so The Colorado Republican Party, pendent expenditure made by a polit- ordered. joined by the Republican National ical party is entitled to the same con- f Committee, argued that the Federal stitutional protections as an inde- limits on coordinated expenditures pendent expenditure made by anyone THE COLORADO DECISION were unconstitutional on their face and else. In short, political parties may Mr. FEINGOLD. Mr. President, just a an infringement on the First Amend- make unlimited independent expendi- month ago we had a discussion here on ment rights of the political parties to tures in Federal elections in the same the Senate floor about the issue of participate in the Federal election manner other organizations are free to campaign finance reform. I think a lot process. make such expenditures. of us worked hard on the effort. We In other words, these parties wanted In addition, the Supreme Court, un- have taken a bit of a breather for the the Federal spending limits on coordi- fortunately, did leave certain key ques- last month and assessed the situation, nated expenditures tossed out com- tions unanswered. For example, the and we are ready to consider resuming pletely, not just the narrow ruling that Court found the Colorado expenditure the fight for this very important issue. was handed down. to be an independent expenditure large- Although the debate was abbreviated, The FEC, on the other hand, argued ly because it was 6 months before the it was a pretty good debate. We cer- that the Federal spending limits helped general election and there was no tainly did not suffer from any shortage prevent both actual corruption and the Democratic nominee and no Repub- of speakers offering their ideas on how appearance of corruption. lican nominee, to make an express, co- we could best reform our campaign fi- In short, the FEC argued that these ordinated attack on. nance laws. In the end, I was pleased spending limits were necessary and What would happen if the same ex- the bipartisan reform bill offered by valid for the same reasons that the Su- penditure was made 1 month before myself and the senior Senator from Ar- preme Court found Federal contribu- election day, when both the Demo- izona was able to receive the support of tion limits constitutional and nec- cratic and Republican nominees had the majority of this body, actually a essary in the Buckley decision some 20 been chosen? bipartisan vote, obtaining 54 votes. So years ago. The Court did not address this ques- I feel very strongly, although we did Who won, Mr. President? Really, no tion. not complete the task, we are well on one won. The Court, in a 7 to 2 deci- Instead, the Court elected to issue an our way. sion, found that this particular case extremely narrow ruling by focusing on And even though we fell 6 votes short out in Colorado was a unique situation. the peculiar circumstances relevant in necessary to ward off a well-staged fili- At the time the expenditures in ques- the Colorado decision. buster, I think it is clear that there is tion were made, there was neither a The Court simply ruled that an ex- a bipartisan majority in favor of acting Democratic nor Republican nominee penditure made without coordination, on campaign reform, and many of us for the open Senate seat. Moreover, the made far in advance of an election and intend to press forward on this issue in expenditures were made some 6 months before there are any nominees of either the coming months and into the 105th before the date of the general election. party must be treated as an inde- Congress. And finally, and perhaps most impor- pendent expenditure and is therefore The vast, vast majority of the Amer- tantly in the Court’s eyes, there was no not subject to limit. ican people want the Congress to act demonstrable evidence that there was Mr. President, for the 80 percent of on campaign finance reform and we any coordination between the Colorado the American people who want us to cannot allow a small minority of Sen- State party and any of the Republican reduce the role of money in congres- ators to thwart the will of the Amer- candidates vying for that party’s nomi- sional elections, this is not the best ican people and wage a stealth attempt nation. news. to sweep this issue under the rug. That is the key. What it means is that the parties are Interestingly, less than 24 hours after That, Mr. President, is what these free to independently pour millions and the Senate voted against further debat- Federal limits on coordinated expendi- millions of dollars into each State ing the issue of campaign finance re- tures are supposed to be about. The months and months before the voters form, the Supreme Court handed down word ‘‘coordinated’’ implies that there are to go the polls. It will open the a much anticipated decision that will is some sort of cooperation between the door to more expensive campaigns, undoubtedly affect the Federal election party and the candidate in making the longer campaigns and if current trends landscape. expenditure, and in this particular case continue, increasingly negative cam- The case was Colorado Republican the Court found that there had been paigns. Federal Campaign Committee versus virtually no coordination whatsoever. It can mean a proliferation in every- Federal Election Committee. It arose The lack of any coordination led the thing that repulses Americans about out of a 1986 incident in Colorado, in Court to decide that this was an ex- our campaign finance system. which the Colorado State Republican press advocacy, independent expendi- That is bad news Mr. President. But Party made some $15,000 worth of ex- ture, much like the independent ex- it must be understood and the reason I

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9472 CONGRESSIONAL RECORD — SENATE August 2, 1996 am speaking today, so that this is legislation, or any legislation like that The other escape hatch, which has clarified, this decision could have been legislation, is, at best, nominal. I real- turned into the escape hatch for seem- far worse. ize that many have tried to say just ingly every other issue that the Senate The Colorado Republican Party had the opposite, somehow suggesting that has debated in the 104th Congress, is to advocated that the Court strike down the Colorado decision contradicts ev- call again for yet another constitu- the actual Federal limits on coordi- erything in the McCain-Feingold bill or tional amendment. This particular con- nated expenditures, and in fact, many other reform bills. Mr. President, that stitutional amendment would allow of the so-called legal experts had pre- is not true. It is wishful thinking on Congress to set mandatory spending dicted that this conservative court the part of those very same people who limits on campaign expenditures. would do just that. But they did not. have done everything they can to kill Mr. President, I have no doubt that But the Supreme Court specifically campaign finance reform. the people who are supporting this con- refused to strike down these limits. The Colorado decision has nothing to cept are sincere. At one brief moment, The Court ruled that this issue needed do with any of the key components of I supported such a constitutional to be addressed further by the lower our proposal, whether it is the vol- amendment before I realized that the courts before the high court could ade- untary spending limits, the broadcast 103d Congress will be followed by a quately issue a determination of and postage discounts, the PAC restric- 104th Congress that seems to be trying whether such limits are constitutional. tions, bundling restrictions, franking to turn the Constitution into a bill- That, Mr. President, is why this was reforms or any other provision. None of board for every imaginable campaign such a narrow ruling. It only affects a these are affected by the Colorado deci- slogan. Let’s be honest here. A constitu- certain type of expenditure made by a sion. political party. The Federal limits on Some have said that the spending tional amendment requiring 67 votes is not going to pass before the turn of the coordinated expenditures were left in limits in our bill will prevent a com- century and, frankly, I don’t think place and are still a part of the current plying candidate from responding to an would pass by the turn of the next cen- election system. attack made by these new party-inde- tury. We could not even get 60 votes for Some have suggested that this deci- pendent expenditures. a modest bipartisan and bicameral bill sion will allow the parties to play a There is concern expressed that a that had an unprecedented level of pub- greater role in the election process. I candidate who has agreed to abide by lic support. agree. The question is, in the end, will the voluntary spending limits who is Moreover, even if such a proposal this have a positive or negative effect then hit with $100,000 worth of tele- were to somehow miraculously receive on our political system. vision ads bought by the national party 67 votes in the Senate and 291 votes in I think it could go either way. For will be unable to respond effectively. the House of Representatives, then it example, the parties may decide to use That is a fair concern to raise. But, Mr. has to be ratified by three-fourths of this decision to run negative television President, the answer is the same as it the States. ads against a particular candidate 8 was when we debated the proposal 2 So I think it is clear that anyone who months before election day. weeks ago. suggests that a constitutional amend- I do not think that is a positive con- There is a provision in our bill that ment is the solution to our campaign tribution to the process, and in fact, I provides that if any complying can- finance problems must also admit that think it is exactly the type of activity didate is the target of an independent sort of solution is years and years and that has turned the American people expenditure, that candidate’s spending years away from realistically coming against our current political system. I limits are raised in proportion to the into play. am hopeful, Mr. President, that the amount of independent expenditures We just cannot put off a decision any American people will reject those made against them. So candidates longer, Mr. President. No games, no kinds of tactics, if they are, in fact, would not be restrained from reason- side shows. The American people are used by the parties. ably responding to an independent ex- tired of campaigns in which issues and On the other hand, on a brighter penditure by the voluntary spending ideas have become secondary to dollars note, there is a possibility that this de- limits that they have agreed to. It is and cents. They view our electoral sys- cision could have a positive impact on really that simple. tem not as part of the American the system. If, for example, a chal- So, Mr. President, I am confident dream, but just another chapter in the lenger is severely underfunded and is that this legislation will be debated ‘‘lifestyles of the rich and famous.’’ facing an incumbent with a colossal again, if not this year, then early in The voters have become inherently war chest, expenditures made by the the 105th Congress. It doesn’t matter mistrustful of any individual elected to parties could aid the challenger in run- whether the Senate is under Repub- public office because they know that ning a competitive race. lican or Democrat control next year, individual is now part of the Wash- But I do not think this is the best ap- but the American people will surely re- ington money chase, where their prin- proach to the very real problem of an ject what I like to call the two escape cipal goal as an elected official some- uneven electoral playing field. hatches of campaign finance reform, in times looks like not representing their Why shouldn’t we instead empower addition to saying the Supreme Court communities but, instead, raising the the challenger to make such reasonable has foreclosed the matter. requisite millions of dollars for their expenditures in this situation in his or The first escape hatch, which will reelection efforts. her own favor? Why not, in this par- allow the Congress to talk the talk Those are the trademarks of a dys- ticular situation, allow the candidate, without walking the walk, is to create functional campaign finance system that is crying out for meaningful bipar- rather than the party, to play a some- yet another commission to study this tisan reform. I remain optimistic that what greater role in the election proc- problem. I say ‘‘another’’ because it early next year, this Senate can come ess? has already been done a few years ago. together on a bipartisan basis and pass That is precisely the approach advo- Commissions are meritorious when a the sort of comprehensive reforms that cated by the senior Senator from Ari- relatively new issue needs to be stud- the American people have been de- zona and myself and many others and ied, but that is not the situation when manding for so many years. was embodied in the bipartisan legisla- it comes to campaign finance reform. I thank the Chair, and I yield the tion we offered just a couple of weeks In fact, this issue has been the subject floor. ago. Our proposal created a mechanism of more congressional hearings and tes- Mr. PELL addressed the Chair. that offered candidates who agreed to a timony than the vast majority of the The PRESIDING OFFICER. The Sen- reasonable set of limits on their cam- issues debated on the Senate floor. ator from Rhode Island. paign spending the tools to run an ef- Clearly, at a time when so much is Mr. PELL. Mr. President, I ask unan- fective, credible, and competitive cam- known about the issue and when so imous consent that I may proceed as in paign for the U.S. Senate. many creative ideas have been offered, morning business for 15 minutes. I want to make something very clear, establishing another commission to The PRESIDING OFFICER. Without Mr. President. The effect of the Colo- study the problem is unwarranted and objection, it is so ordered. The Senator rado decision on the McCain-Feingold nothing more than a dodge. is recognized for 15 minutes.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9473 Mr. PELL. I thank the Chair. example, is a model for the developing the Straddling Stocks Agreement, the f world. The country’s economic develop- Senate’s work is only partially done. ment has been admirable and many Having approved the Straddling Stocks RECENT RIOTS IN INDONESIA U.S. companies benefit from their in- Agreement, the next logical step for Mr. PELL. Mr. President, I know we vestments throughout the archipelago. this body is to consider and pass the all have been saddened in recent days But as the country has grown and de- treaty which provides the foundation by reports of rioting and violence in In- veloped economically, it comes as no for the agreement, namely the United donesia. Last weekend, the government surprise that certain elements of Indo- Nations Convention on the Law of the cracked down on a political opposition nesian society now want their country Sea. My purpose today is to highlight group in Jakarta. Supporters of that to grow and develop politically as well. the connections between the two and group took to the street in protest and The government’s current approach to to underscore the many benefits that as a result, several people have been the threat of a serious political chal- will accrue to the United States if the killed and over 200 arrested. The crack- lenge—to arrange for Megawati’s over- Senate grants its advice and consent to down has reportedly been widened to throw within her party, blame the riots ratification of the Law of the Sea Con- include other known political activists on virtually extinct communist sympa- vention, a step that should have been including Muchtar Pakpahan, the head thizers, and threaten to shoot any taken long since, and I hope will come of the Indonesian Labor Welfare Union. protestors—I believe will both hamper about shortly. We also read this week that the mili- Indonesia’s continued economic devel- Prima facia evidence for the tight tary commander in Jakarta ordered his opment and cause great harm to our bi- linkage between the Law of the Sea troops to ‘‘shoot on the spot’’ any lateral relationship. Internally, the In- Convention and Straddling Stocks protestors who are seen to be threat- donesian currency and stock market Agreement is found in the latter’s ening the peace, a particularly dis- are beginning to fall. title, the ‘‘Agreement for the Imple- turbing development. I would urge the For several months now the U.S. mentation of the United Nations Con- government in Jakarta to seek to ne- Government has considered selling F– vention on the Law of the Sea of 10 De- gotiate and to work with the opposi- 16s to the Indonesian military. In light cember 1982 Relating to Fish Stocks.’’ tion forces in a peaceful manner, rath- of the events in Jakarta, I urge the ad- Clearly, the Agreement was negotiated er than calling on the military to quell ministration to rethink the wisdom of on the foundation established in the any protests. This is the same ap- this sale. My own view is that we Law of the Sea Convention. The con- proach I suggest in the report of my should not rush forward with a high- nection between the two is made ex- visit to Indonesia 2 months ago. technology, glamorous weapon sale to plicit in Article 4 of the agreement The root of the current problems is, I a foreign military that is threatening which stipulates that the agreement believe, the lack of an open political to shoot peaceful protestors in the ‘‘shall be interpreted and applied in the system in Indonesia. Two token legal street. I am encouraged, Mr. President, context of and in a manner consistent opposition parties are allowed to exist, by some signs that the administration with the Convention.’’ Further, Part but they have little influence over pol- is considering holding off on this sale. VIII of the agreement provides that icy. They cannot seriously challenge Indonesia is poised to be one of the disputes arising under the agreement the ruling Golkar party. The current region’s most important and influen- be settled through the convention’s political and electoral systems are de- tial countries. President Suharto has dispute settlement provisions. Indeed, signed such that Golkar is assured of the chance now to accelerate that proc- the Law of the Sea Convention estab- retaining power. But in the most re- ess by allowing for Indonesia’s transi- lishes a framework to govern the use of cent parliamentary elections in 1992, tion to modern political governance. the world’s oceans that reflects almost Golkar unexpectedly lost a percentage He could follow the model of Taiwan, entirely U.S. views on ocean policy. of the parliamentary seats. Hoping for which transformed itself from a single- Can the United States become a a trend, the two opposition parties party, authoritarian regime to a thriv- party to the agreement, but remain were beginning to talk of making ing multi-party democracy without vi- outside the Law of the Sea Convention? greater gains in the parliamentary olence. Indonesia is more than ready to The answer is yes. The more important elections scheduled for next year, al- allow full-fledged, active opposition question is: Does this best serve U.S. though observers never thought either voices to publicly make their case to interests? The answer to that question was likely to take the majority. This the people. I would urge the Indonesian is no. Only by becoming a party to the talk upset the government. Even Government to call back its military, Law of the Sea Convention can the though retaining ultimate political deal peacefully with the opposition, United States maximize its potential control was never in question, the gov- and show the world it is indisputably gain from the agreement and protect ernment has reacted to even a slight ready for the 21st century. its fisheries interests. loss in that control by calling on the f One way to do this is to ensure that military. U.S. views on fisheries management The government is centering its ef- RATIFICATION OF THE LAW OF are represented on the Law the Sea forts on the Indonesian Democracy THE SEA CONVENTION IS AN UR- Tribunal. That is the body which set- Party—or PDI—led by Megawati GENT NECESSITY tles disputes arising under the agree- Sukarnoputri, the daughter of Indo- Mr. PELL. Mr. President, the United ment, and it is established in the Law nesia’s first president, Sukarno. States will shortly become one of the of the Sea Convention. Not surpris- Megawati had begun a very visible first and perhaps the first Nation to ingly, in order to nominate a judge to campaign in preparation for the par- ratify the Straddling Fish Stocks the tribunal, the United States must liamentary elections next year and in- Agreement. This agreement was ap- become a party to the Law of the Sea dicated that she might challenge Presi- proved by the Senate on June 27. I am Convention. dent Suharto in the presidential elec- very pleased that prompt Senate action A second way to ensure that U.S. tions in 1998, a first for Suharto who on the Agreement enabled the United gains are maximized is to ensure that has always been unopposed. In what ap- States to continue its leadership on our country’s views on fisheries man- pears to be a nervous reaction, the gov- international fisheries issues. The agement are well represented in the ernment allegedly orchestrated a coup agreement will significantly advance convention processes themselves. To do within the PDI to force Megawati out our efforts to improve fisheries man- this, we must be a party to the conven- of her leadership position. Her sup- agement. In effect, it endorses the U.S. tion. The Straddling Stocks Agree- porters took over the PDI headquarters approach to fisheries management and ment’s provisions are to be applied in and refused to leave until the military reflects the acceptance by other na- light of the convention. As the conven- took over the headquarters this past tions of the need to manage fisheries in tion itself is an evolving, living docu- weekend. a precautionary and sustainable man- ment, the United States must be part President Suharto has done much ner. of the dialogue that will affect not only that is good for his country. Indo- That being said, Mr. President, in ad- the Straddling Stocks Agreement, but nesia’s population control program, for vising and consenting to ratification of other oceans management policy.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9474 CONGRESSIONAL RECORD — SENATE August 2, 1996 Mr. President, there are sound rea- benefits the convention would confer States will have to challenge excessive sons for the United States to become a on the United States. Moreover, all of jurisdictional claims of states not only party to the Law of the Sea Convention these concerns have now been ad- diplomatically, but also through con- in order to enhance the benefits of the dressed in the recently negotiated duct that opposes these claims. Each Straddling Stocks Agreement. There agreement on deep seabed mining. I time we conduct an operation in con- are, however, reasons to become a would like to recount those benefits for tested waters we are sending our young party to the Law of the Sea Convention my colleagues’ information. men and women into harms way. Mr. far beyond the connection with the First and foremost, the convention President, we don’t need to do that. A Straddling Stocks Agreement. enhances U.S. national security. Re- widely ratified convention would sig- Indeed, I have always held the view member, Mr. President, that this was nificantly reduce the need for such op- that the strength of the Law of the Sea the original driving force behind U.S. erations. A widely ratified convention Convention lies in the multiplicity of participation in the convention. The would also afford us a strong and dura- interests that it protects and enhances convention establishes, as a matter of ble platform of principle to ensure sup- for the United States. It is precisely international law, freedom of naviga- port from the American people and our because the convention addresses our tion rights that are critical to our allies when we have no choice but to Nation’s broad range of interests so military forces. In testimony before confront claims we regard as illegal. comprehensively that the United the Foreign Relations Committee, Ad- Now I would like to turn to the issue States has so much to gain by becom- miral Center stated, of the Law of the Sea Convention and ing a party. Indeed, I believe there is U.S. economic interests. The conven- The Convention strongly underpins the tion promotes these interests in a num- no action that the Senate can take be- worldwide mobility America’s forces need. It fore the end of this session that would provides a more stable legal basis for gov- ber of ways. It provides the U.S. with exclusive rights over marine living re- have greater long term benefits for the erning the world’s oceans. It reduces the sources within our 200 miles exclusive world as a whole than to ratify the Law need to fall back on potentially volatile mix- economic zone; exclusive rights over of the Sea Convention. ture of customary practice and gunboat di- plomacy. mineral, oil, and gas resources over a The implications for world peace are wide continental shelf that is recog- enormous; the potential for trade and The need to protect freedom of navi- nized internationally; the right for our development is equally far-reaching. I gation is not merely a theoretical communications industry to place its hope this will not be caught up in a issue. There have been recent situa- cables on the sea floor and the conti- spate of politics as usual, but will be tions where even U.S. allies denied our Armed Forces transit rights in times of nental shelves of other countries with- seen in the framework of a renewed out cost; a much greater certainty commitment to bipartisanship in for- need. Such an instance was the 1973 Yom Kippur war when our ability to with regard to marine scientific re- eign policy. search, and a ground breaking regime The old saying was that ‘‘politics resupply Israel was critically depend- for the protection of the marine envi- stops at the water’s edge.’’ That would ent on transit rights through the Strait of Gibraltar. Again in 1986, U.S. ronment. be an apt motto for our consideration Mr. President, seaborne commerce aircraft passed through the Strait to of Law of the Sea, since its scope be- represents 80 percent of trade among strike Libyan targets in response to gins precisely at the water’s edge. nations and is a lifeline for U.S. im- that government’s acts of terrorism di- Perhaps more than any other nation, ports and exports. As I noted earlier, 95 rected against the United States, after the United States has a broad range of percent of U.S. export and import trade some of our allies had denied us the interests in the oceans and their uses. tonnage moves by sea. With continuing right to transit through their airspace. We are the world’s predominant sea economic liberalization occurring glob- I have heard arguments that the con- power. The United States Navy oper- ally, exports are likely to continue to vention’s provisions on freedom of ates on a global scale and has vital in- grow as a percentage of our economic navigation are not really important be- terests in seeing the convention’s pro- output. In addition, in some sectors, visions on freedom of navigation imple- cause they reflect customary inter- such as oil, our dependence on imports mented. The Air Force too shares national law. I disagree. Customary will continue to grow. Thus our eco- many of these interests. We are also a international law is inherently unsta- nomic well being—economic growth maritime nation, Mr. President. Fully ble. Governments can be less scru- and jobs—will increasingly depend on 95 percent of U.S. export and import pulous about flouting the precedents of foreign trade. Without the stability trade tonnage moves by sea, with di- customary law than they would be if and uniformity in rules provided by the rect repercussions for American work- such actions were seen as violating a convention, we would see an increase ers’ jobs. The United States is also a treaty. in the cost of transport and a cor- coastal nation—we have one of the Moreover, not all governments and responding reduction of the economic longest coastlines in the world—with scholars agree that all of the critical benefits currently realized from an in- strong interests in the sound use of re- navigation rights which are protected creasingly large part of our economy. sources on our continental shelf. by the convention are also protected by Consequently, the United States Mr. President, I think it is useful to customary law. They regard many of would stand to lose a great deal if it remind my colleagues that, more than those rights as contractual; that is, was no longer assured of the freedom of 20 years ago, the United States was a only available to parties to the conven- navigation: trade would be impaired, driving force in initiating the negotia- tion. For example, it was not long ago ports communities would be impacted tions that produced the Law of the Sea that our country claimed a territorial and our whole maritime industry could Convention. At that time, the Navy in sea of only 3 miles. This zone now ex- be put in jeopardy. The convention ad- particular was concerned about other tends to 12 miles, as allowed by the dressees the concerns and failure of the nations’ ever increasing maritime ju- convention. But other countries have United States to ratify would impose a risdictional claims. To address this claimed territorial sea zones that ex- tremendous burden on this industry. problem, the Department of Defense tend to 200 miles, in direct violation of Within its EEZ, the United States sought a treaty that would set out as a the convention. Currently, the United has exclusive rights over its living ma- matter of international law a regime to States routinely challenge such exces- rine resources. Foreign fleets fishing in govern such claims. Given this history, sive jurisdictional claims through the our waters can be controlled or even it is more than a little ironic that the Freedom of Navigation Program. excluded, and our regional manage- United States ultimately led efforts to I do not doubt that, if necessary, the ment councils are in a position to block adoption of the convention upon U.S. Navy will sail where it needs to to adopt the best management plans conclusion of negotiations in 1982. protect U.S. interests. But, if we reject available for each of the fisheries on In my view, while the convention’s the convention, preservation of these which our industries depend. The set- critics raised some legitimate concerns rights in nonwartime situations will tlement of disputes provisions of the regarding provisions related to deep carry an increasingly heavy price for convention do not apply to the meas- seabed mining, they allowed these con- the United States. By remaining out- ures taken by the coastal State within cerns to blind them to the overriding side of the convention, the United its EEZ. Consequently, the United

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9475 States has discretionary powers for de- uct of visionaries. I remember particu- were at stake. We have also played a termining the total allowable catch, its larly the ‘‘Pacem in Maribus’’—Peace widely recognized leadership role in harvesting capacity, the allocation of on the Seas—meetings organized by the Straddling Stock Agreement nego- surpluses to other States and the terms Elizabeth Mann Borgese, the daughter tiations because our fisheries interests and conditions established in its con- of Germany’s great writer, Thomas were threatened. Indeed, the United servation and management measures. Mann. Her book, The Ocean Regime, States will be among the very first par- Indeed, the Law of the Sea Conven- published in 1968, gave written expres- ties to ratify this very important tion will play a paramount role in the sion to the ideas that were to gain a agreement. It is time for the United implementation of the important wider audience through Pacem in States to regain its leadership role by international agreements to which the Maribus, on their way to being em- ratifying promptly the United Nations United States is already a party. These bodied in the negotiated texts of the Convention on the Law of the Sea and include: the 1992 Convention for the Law of the Sea Convention. thus protecting the entirety of our Conservation of Anadromous Stocks in For me the dream began even earlier, oceans interests. the North Pacific Ocean, approved by during my service in the U.S. Coast I yield the floor. the Senate on August 11, 1992; the U.N. Guard during World War II. Why not Mr. GRASSLEY addressed the Chair. General Assembly Resolution on declare the oceans a zone of peace, Mrs. BOXER addressed the Chair. Large-Scale High Seas Driftnet Fish- open to all peoples and nations, to be The PRESIDING OFFICER (Mr. ing, approved by the Senate on Novem- free forever from the ravages of war- FRIST). The Senator from California. ber 26, 1991; the Convention on the Con- fare? My service on the staff of the San Mrs. BOXER. Mr. President, I under- servation and Management of Pollock Francisco Convention that prepared stand we are working back and forth. If Resources in the Central Bering Sea, the U.N. Charter, just 51 years ago this the Senator from Iowa wishes to be approved by the Senate on October 6, summer, further confirmed me in my recognized for 5 or 10 minutes, I will be 1994; and the FAO Agreement to Pro- belief that ways could be found to cre- happy to yield to him. Mr. GRASSLEY. Three minutes. mote Compliance with International ate a working peace system. Mrs. BOXER. Mr. President, I ask The Law of the Sea Convention is the Conservation and Management Meas- unanimous consent that the Senator product of one of the more protracted ures by Fishing Vessels on the High from Iowa be recognized for 5 minutes, negotiations in diplomatic history. Seas, approved by the Senate on Octo- and the Senator from California for 10 When the process began, the Vietnam ber 6, 1994. minutes immediately following his re- In approving these treaties, the Sen- war was nearing its peak; the cold war marks. ate spoke to the importance of these was at its height; it had been only 5 The PRESIDING OFFICER. Without issues to our Nation; however, the years since the construction of the Ber- objection, it is so ordered. The Senator long-term benefits of these fishery lin Wall. from Iowa is recognized. agreements will only be realized and I was proud to serve as a delegate to Mr. GRASSLEY. I thank the Senator mutual enforcement ensured if the un- those early Law of the Sea negotia- from California for her kindness. derlying principles of the Law of the tions, one of the few who had also at- f Sea Convention—the new constitution tended a Pacem in Maribus meeting. of the oceans—are ratified by the My enthusiasm led me in 1967 to intro- THE CASE OF RICARDO CORDERO United States. duce the first Senate resolution calling ONTIVEROS Mr. President, in 1982, the Reagan ad- on the President to negotiate a Law of Mr. GRASSLEY. Mr. President, I am ministration was prepared to sign the the Sea Convention. disappointed to have just learned that convention on behalf of the United That resolution and a draft treaty Mexican officials have arrested Ricardo States, but for part XI. Part XI dealt that I proposed in 1969 led to the Sea- Cordero. Mr. Cordero came to our at- with deep seabed mining and contained bed Arms Control treaty, which was tention this week with articles in the a number of provisions that the United ratified by the Senate in 1972. This lit- Washington Post and other papers in States found objectionable. Unfortu- tle-known treaty has permanently re- our country because of charges he nately, at the time, the administration moved nuclear weapons and other made about the degree of narcotics-re- was not able to secure the changes it weapons of mass destruction from the lated corruption in Mexico’s sought in time for the United States to ocean floor, which is 70 percent of the counterdrug efforts. sign the convention. As a result, nei- Earth’s surface. It has been signed by When I read those articles, the ther the United States nor the other nearly 100 countries, it works, and it thought came to my mind, how come industrialized countries signed the con- provides a good precedent for the Con- this guy is still in Mexico? He will be vention. vention on the Law of the Sea. With assassinated, executed, or something. During the Bush administration, the Seabed Arms Control Treaty as my But anyway, now he is arrested. It has with the prospect that the convention model, you can appreciate my enthu- been on charges of corruption and tak- would actually enter into force, infor- siasm for the Law of the Sea Conven- ing bribes himself. mal consultations were begun at the tion. I do not want to comment on the United Nations with the aim of resolv- Now, Mr. President, we must look to merits of those charges. He could be ing concerns with part XI. That goal the future and U.S. oceans policy for guilty, of course. But what concerns was achieved in an agreement that, in the 21st century. Our interests in the me, and what needs to concern all of us effect, amends part XI of the conven- Convention lie not only in what it is in this body,Cordero’s accusations tion in a manner that meets all of the today, but in what it may become. Just made this week printed in our own concerns first articulated under Presi- as form and substance have been given newspapers. dent Reagan and carried forward our Constitution by the courts, so too The arrest has the appearance of re- through to the Clinton Administration. will future uses of the oceans be influ- taliation and intimidation. It gives the The modification of part XI is a bipar- enced and shaped by decisions made impression that instead of inves- tisan foreign policy success and is the under the convention. With the conven- tigating his allegations, that the mes- culmination of three decades of U.S. tion’s entry into force, the United senger, in fact, has been punished. If oceans policy efforts. States stands on the threshold of a new this is the case, then it raises further I feel qualified to say this Mr. Presi- era of oceans policy. Under the Conven- doubts about the ability of Mexico to dent, since I have closely followed the tion, U.S. national interests in the take serious steps to end corruption Law of the Sea negotiations from their world’s oceans would be protected as a and to deal with the problems posed by early days to the present. The initial matter of law. This is a success of U.S. drug trafficking. support for this idea was put forth by foreign policy that will work to our Even if Mr. Cordero is guilty of the Arvid Pardo, Malta’s delegate to the benefit in the decades to come. charges brought against him, it is a United Nations, with his famous ‘‘Com- Mr. President, the United States was clear indication of the thorough-going mon Heritage of Mankind’’ speech be- a leader in initiating the negotiations nature of corruption in the fore the U.N. General Assembly in 1967. of the Law of the Sea Convention be- counterdrug fight in Mexico. If he is in- The convention then became the prod- cause our national security interests nocent, however—and at least in our

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9476 CONGRESSIONAL RECORD — SENATE August 2, 1996 country we would believe that he is in- Of course, the American people are it was not a question that they would nocent at this point—then his arrest is going to make the decision about who close down the parks, it is just how an example of a system that is on the deserves the credit or the blame, de- they would do it. verge of going out of control. pending on how they view the legisla- They tried to give huge tax breaks to I want to make it clear here that we tion. The issues are welfare, health millionaires, paid for by the middle will be following Mr. Cordero’s arrest care, and minimum wage. We remem- class. They put through the largest closely. How his case and his personal ber back to President Clinton talking cuts ever in education in the history of safety are handled will be the subject about how it was important to reform our country. They denied many Amer- of considerable attention. I know that welfare as we know it, the fact that he ican women the right to choose. That bureaucracies hate whistle-blowers, granted many waivers to the States to is on the record. They even shut down here or, I am for sure, they hate them reform welfare, the fact that he pre- the Government because Democrats in Mexico as well. The integrity of pub- sented some excellent welfare reform would not let them destroy Medicare. lic institutions, however, can only be bills which I consider to be real reform. That is only part of it. Then the real maintained if people in those institu- I think what the Republican Con- Republicans read the polls and realized tions, with regard for documentation, gress put out is very hurtful to my they were about to lose the elections. are able to tell their stories without re- home State. It is a huge, unfunded So before your eyes, the wolf has put taliation. mandate, and it also hurts children. As on a grandma’s disguise just like the Mr. Cordero’s case is very disturbing. I said yesterday, it amazed me that wolf in Little Red Riding Hood, a And if it should prove to be a case of Senators who earn large paychecks in grandma’s smile, a grandma’s voice, retaliation, it does not speak well of relation to most of the people in this sweet, and it is telling the American Mexico’s ability to deal seriously with country did not have the heart to man- people, ‘‘Look at the goodies we have the problems of corruption. date that the little kids who are help- done for you.’’ I call on the Mexican Government to less and hopeless, whose parents can- There are different versions for the resolve this case quickly, and, of not find a job, that they are not as- end of Little Red Riding Hood. In one course, fairly. I ask our own U.S. ad- sured diapers, school supplies, emer- she gets eaten alive because she trusts ministration, even those of us here in gency food and other things. So people the wolf. In the other she found out the Congress, to monitor this case very will decide on that one. that Grandma is really a wolf in dis- closely. And in the case of the adminis- On health care, we know Senator guise, and she is saved. We say, today we do not think the tration, please keep Congress informed. KENNEDY, for years, has worked on American people will be fooled by this I expect Mr. Cordero’s rights—most im- that. Senator KASSEBAUM and he got costume because the real Republicans together and passed two provisions of portantly, his personal safety—will re- are on the record. I love the new ones. the Clinton health care reform bill, ceive particular attention. Thank you. I have never enjoyed it more than the Mrs. BOXER addressed the Chair. very important provisions. I am very last few days of being able to get some The PRESIDING OFFICER. The Sen- hopeful we will see portability of work done around here, that will make ator from California. health insurance, so that when Ameri- life better for the people. Mrs. BOXER. Thank you very much. cans lose their jobs, they can take But I have to say in closing, do not Before the Senator from Iowa leaves their health care with them and they take my word for it. Listen to what the floor, I want to thank him for will not be punished if they have a pre- House Republican whip DENNIS bringing this issue before the Senate. existing condition. HASTERT has said, on the record, Mexico is continually asking for co- Who deserves credit for that? The Re- quoted in the St. Louis Dispatch, June operation with this country in the publicans say they do; I say look at the 9, 1996: ‘‘After November, it will be a areas of trade. I say to my friend, I am record. It was Senator Dole who different story.’’ in a little bit of a battle right now over blocked Senator KASSEBAUM from So, for now, we see different Repub- the dolphin-safe fishing of tuna where bringing up the bill time and time licans. I am going to reach out to those the Mexicans are really fighting very again. It is in the RECORD. Finally she different Republicans. Let’s do some- hard to have us change the rules of the said, ‘‘I will offer it every day.’’ We fi- thing about pensions. Let’s do some- game so they can go out and purse nally have a bill. thing about paycheck security. Let’s seine on dolphin and sell their tuna Minimum wage. I do not have to tell put more police on the beat. Let’s do here in competition with our dolphin- you that DICK ARMEY, the majority something about terrorism. Let’s not safe American tuna people. leader of the Republicans, said, ‘‘I will back off of this taggant issue. Tag They want our cooperation, and yet fight a minimum wage increase with those explosives used in bombs. Let’s we know the drugs are coming from every fiber in my body.’’ Well, it was work together on these issues. Let’s go Mexico, yet we know they are doing, I not good enough, Mr. ARMEY, because with President Clinton’s idea to give would say, virtually nothing to stop il- the army of people in this country did our middle-class families a tax break legal immigration. I believe it is im- not agree with you. Now you want to for education. Let’s put more invest- portant to have a warm and good rela- take credit over there for it. The most ment into research for diseases like tionship with our neighbor, Mexico. important thing to this Senator is that Alzheimer’s and cancer and AIDS, and But I think the Senator has raised an people will get a minimum wage in- wipe these scourges off the face of the issue that really requires the attention crease—I am happy about that—mil- Earth. of the U.S. Senate. And I will work lions of hard-working Americans who We can to it. We can do it, I say to with him, and I know Senator FEIN- do not want a handout, they want to my friends in your new outlook, in STEIN, the senior Senator from Cali- work for a decent wage. Most of them, your new desire to work. But I say to fornia, will as well. Again, I want to by the way, are adults, and most of the American people, look out. Watch thank him for raising this issue. them are women. out for the disguise. f So we have an argument going on. As I yield the floor. I watched the Republican press con- The PRESIDING OFFICER. The Sen- LEGISLATION PASSED BY ference, it brought to mind a little ator from Ohio. CONGRESS fable. I want to tell you the little fable. f Mrs. BOXER. Mr. President, I came Once upon a time, in 1994, the real Re- to the floor because I have been watch- publicans took over the U.S. Congress. A REPORT CARD ON SCHOOL BUS ing a series of dueling press con- They came in like the wolf in Little SAFETY ferences, one held by the Republicans Red Riding Hood, and this is what they Mr. DEWINE. Mr. President, I rise this morning, the Republican leader- did, on the record: They tried to roll today to communicate some very good ship, one held by the Democratic lead- back environmental laws that protect news to my colleagues in the Senate. ership, to discuss who deserves credit our children. I know, I am on the Envi- The good news is about an issue that I for the flurry of legislation that has fi- ronment Committee. I saw it. They have previously talked about on two or nally passed this Congress, after a do- tried to sell off our parks. As a matter three occasions on the Senate floor, nothing Congress. of fact, Chairman HANSEN said publicly the issue of schoolbus safety.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9477 Over the last year and a half, I have I am encouraged by the cooperation I bill by the Senate. We owe it to the Na- been working on an important problem have received from my colleagues in tion, but more importantly we owe it affecting the safety of America’s this Chamber, and I want to help them to the men and women in uniform who schoolchildren. Mr. President, trag- for all the help they have given my of- are deployed to the trouble spots ically, since 1991, at least six children fice over the last year and a half. Let throughout the world. have died in accidents involving defec- me stress that schoolbuses are already Mr. President, I would also like to re- tive handrails on schoolbuses. Other the very safest mode of transportation. quest that before the Senate recesses, children have been injured. They should be, because they carry the it approve the military nominations My interest in this issue, Mr. Presi- most precious asset that any of us that are pending. The nominations are dent, came about because of a horrible have, and that is our children. not political and we must not allow tragedy in my home county in Greene Mr. President, we do have to do ev- these nominations, some of which are County, OH. A little girl by the name erything we can to make them even for critical positions, to be delayed any of Brandie Browder was killed. She was safer. That is why I will continue to longer. killed because of one of these defective work on other areas of the schoolbus Thank you Mr. President. I yield the handrails and because the drawstring safety issue. But on this issue, Mr. floor. Mr. HEFLIN addressed the Chair. from her clothing was caught on that President, we are very, very close to handrail as she was trying to get off The PRESIDING OFFICER. The Sen- solving the problem. If we can continue ator from Alabama. the bus. She was stuck there, and un- working together in this effective, bi- fortunately the bus ultimately ran partisan manner, I expect to make a f over her. great deal more progress on school bus THE HEALTH INSURANCE REFORM We have been working for the last safety in the months ahead. ACT CONFERENCE REPORT year and a half on this particular prob- I thank the Chair and yield the floor. lem. As I indicated, we have made Mr. HEFLIN. Mr. President, I am Mr. THURMOND addressed the Chair. pleased to rise in support of the con- some, I think, very, very important The PRESIDING OFFICER. The Sen- progress. ference report to S. 1028, the Health In- ator from South Carolina. surance Portability and Accountability Mr. President, ever since I learned Mr. THURMOND. I thank the Chair. about these accidents, we have been Act of 1996. The road leading to this (The remarks of Mr. THURMOND per- compromise has been long and tor- trying to warn communities, schools, taining to the introduction of S. 2022 and parents in Ohio and across the tuous, but I’m happy that the leaders are located in today’s RECORD under country about this danger. We have in this effort have finally come to an ‘‘Statements on Introduced Bills and publicized some methods for reducing agreement. Joint Resolutions.’’) Over the past 5 years, the issue of the risk to children, such as a test we health care reform has been at the top use in Ohio to determine whether a f of our national agenda. The need for an handrail is safe. CONFERENCE REPORT TO ACCOM- overhaul in our health care delivery Mr. President, I have also chaired PANY H.R. 3230, THE NATIONAL two Senate hearings—two Senate hear- system was a centerpiece of the last DEFENSE AUTHORIZATION ACT Presidential campaign, and our inabil- ings—to investigate this problem. At FOR FISCAL YEAR 1997 ity to enact comprehensive reform leg- the most recent of these hearings, this Mr. THURMOND. Mr. President, I islation 2 years ago was a profound dis- past April, we displayed this chart. I want to urge the Senate to consider appointment. At the same time, there might say, Mr. President, to explain the conference report on the national remains a firm national consensus that this for a moment, the question, does defense authorization bill for fiscal something must be done to reform the your State remove schoolbuses with year 1997 before we adjourn for the Au- health care system. dangerous handrails? This was the sta- gust Recess. The Department of Health and tus as of April, the red being ‘‘no,’’ the I need not remind my colleagues that Human Services estimates that be- States that did not deal with this prob- the Constitution vests the power to tween 32 and 37 million Americans have lem; the yellow being states that were raise and support armies, provide and no health insurance, and an additional dealing with this problem. This was an maintain a navy and to make rules for 50 to 60 million are underinsured. As interim report. If we would have gone the Government and regulation of land stated by the Office of Management back a year before that, we probably and naval forces in the Congress. We and Budget, a total of 13 percent of all would have seen virtually every State execute that power through the De- Americans are completely uninsured, in the Union in the red with a ‘‘no.’’ So with as many as 28 percent without in- this was the progress as of April. You fense authorization bill which is cur- rently awaiting consideration by the surance for 1 month or more. The can see, Mr. President and Members of Labor Department reports that each the Senate, at that time there were Senate. The 1997 national defense au- thorization bill provides the funds and year, 1 million people lose their health still at least 15 States that had these insurance. dangerous buses on the road. authorities for the Department of De- fense to carry out its functions for the As currently structured, the private Since that time I have been working health insurance market provides an coming fiscal year. It is a good bill with both my colleagues in the Senate insufficient level of coverage for indi- that provides critical funding for our and directly with officials in these viduals and families with major health forces deployed around the globe in States to see what we can do to fix this problems and makes it difficult for em- support of our national security. It problem. We have come a long way. I ployers to obtain adequate coverage for am glad to announce today, that as of would be a travesty if the security and their employees. This is especially true today, as you can see in this new chart, welfare of our forces is put at risk be- of small businesses. all States except one—all States except cause of political squabbling in the The Health Insurance Reform Act one—are taking active measures to get Senate. will reduce many of the existing bar- schoolbuses with defective handrails Throughout my 40 years on the Sen- riers to obtaining insurance coverage off the road. ate Armed Services Committee, it has by making it easier for people who Mr. President, as we approach a new been my philosophy that national de- change jobs or lose their jobs to main- school year, it is my hope that the last fense is a bipartisan effort. The con- tain adequate coverage. As many as 25 remaining State, the State of Georgia, ference report that is pending before million Americans will be helped by will follow suit and will do this by the the Senate is a bipartisan effort. It this legislation, since its protects port- beginning of the school year. I have passed the House last night by an over- ability and against losing insurance been working with Senator COVERDELL whelming vote. It will pass the Senate due to preexisting medical conditions. to bring this issue to the attention of in the same bipartisan vote if given a This measure builds upon innovative the relevant officials in Georgia. We chance. and successful state reforms and en- certainly hope that Georgia will take Mr. President, I urge my colleagues hances the private market by requiring action soon. to work with the leadership to resolve health plans to compete based on qual- Mr. President, we are close to a solu- the deadlock that is holding up consid- ity, price, and service instead of refus- tion on the issue of defective handrails. eration of the Defense authorization ing to offer coverage to those who are

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9478 CONGRESSIONAL RECORD — SENATE August 2, 1996 in poor health and need it the most. It I thank the Chair and yield the floor. duction. As pointed out by the distin- would also provide much-needed mo- Mr. PRESSLER addressed the Chair. guished chairman of the Senate Budget mentum for the more comprehensive The PRESIDING OFFICER. The Sen- Committee, Senator DOMENICI, a large reform that is still needed. Equally im- ator from South Dakota. part of the decline was a result of portant, it would not increase Federal f greater fiscal restraint by Congress, spending—because of offsets—impose which blocked a number of White THE 104TH CONGRESS new or expensive requirements on indi- House spending proposals. Further, the viduals, employers, or States, or create Mr. PRESSLER. Mr. President, I was deficit is expected to be lower due to new Federal layers of bureaucracy. pleased to participate in an event this revised technical assumptions and revi- This measure enjoys wide bipartisan morning which summarized the events sions in economic forecasts. support in Congress and from a host of of the 104th Congress up to this date. It Though this represents progress, let organizations, including the National has been a very productive Congress. us not kid ourselves. We certainly do Association of Manufacturers, the U.S. This Congress is near the end of pass- not have a settled fiscal policy that Chamber of Commerce, the National ing a major health reform bill which will bring an era of unceasing deficits Governors Association, the American will provide for portability of insur- to an end. As the Congressional Budget Medical Association, the American ance. It will also provide that a person Office has warned, Hospital Association, Independent In- with a preexisting condition gets cer- . . . the retirement of the baby-boom popu- surance Agents of America, and the tain considerations. lation starting about 2010 will put severe Consortium for Citizens with Disabil- This Congress passed the first major pressure on the budget. CBO projects that, if spending and revenue policies are not ities. Virtually every medical group in welfare reform legislation since 1963 to initiate ‘‘workfare’’ and to help both changed, deficits and debt will soar to un- the country has endorsed the bill and precedented levels in the following 20 years. the House passed it by an over- the taxpayers and truly deserving wel- fare recipients. In response to this situation, Mr. whelming vote of 421 to 2. President, I have supported and voted I want to commend Senators KEN- This Congress also passed a major telecommunications reform bill—a for measures that slow the growth of NEDY and KASSEBAUM for their out- Government across the board. I also sweeping bill that will creates jobs and standing leadership in bringing us this voted for the constitutional amend- moves us into the wireless age. conference report. They have been te- ment to balance the budget and line- In addition, this Congress passed the nacious and steadfast when it would item veto authority for the President. freedom to farm bill which will end have been understandable if they had I am pleased the line-item veto is now some of the bureaucracy and costliness just called it a day and moved on. It is law. Yet the most important vote I of the farm program, helping both tax- a sound, targeted, market-based reform cast in this Congress was for the Bal- payers and farmers, and will usher us measure that will make it easier for anced Budget Act of 1995. This bill into a new age of deregulated agri- millions of Americans to change jobs would achieve a balanced budget in 7 culture. without the fear of losing their health years, reform the costly welfare pro- The 104th Congress also passed sev- coverage. gram, preserve Medicare for seniors, eral other bills of great note making I must say that I share the dis- and reduce the tax burden on American the last 18 or 19 months probably the appointment of Senators DOMENICI, families and small businesses. Regret- most productive of any 18 or 19 months WELLSTONE, SIMPSON and others that tably, President Clinton vetoed the their amendment guaranteeing parity that I have seen in the recent history Balanced Budget Act. This is unfortu- of coverage for mental and physical of Congress. nate. Each day we fail to pass a bal- conditions was dropped by the con- I think that this fiscally responsible anced budget, we add the cost of doing ference committee. I sincerely hope approach this Congress has taken has so on the next generation. that the next Congress will again take resulted in a prosperity and a con- Mr. President, despite last year’s a close look at mental health coverage fidence in the business community veto, I am proud that the Senate con- and reconsider giving it parity. Too across the country. The business com- tinues to move forward in our efforts many citizens have mental health con- munity knows that there is an effort to to achieve a balanced budget. Just a ditions that not only affect their per- balance the budget, and we are moving few months ago, we adopted a budget sonal lives, but also lower their produc- closer to it. The business community resolution for fiscal year 1997 that tivity and lead to serious physical knows that we have a Congress that is maintains our commitment to balance problems. This results in higher costs deregulatory in its intentions in legis- the budget by 2002. If we stick to this to the health care system and to em- lation and that it wants to have a bal- plan, we will achieve a $5 billion budget ployers. anced budget and a sound fiscal policy. surplus in the year 2002 and, for the While this bill does not make all the But there is one more step that this first time in decades, bring about a re- necessary changes we need in the Congress must take, and that is to pass duction in the national debt. health care system, it does make a se- legislation that will fully achieve a In addition, this resolution calls for ries of valuable reforms that will make balanced budget. much-needed reforms in the areas of a discernible difference in the lives of I have been very proud to be associ- welfare and Medicaid while continuing millions of our citizens. It does so ated with the Domenici budget here in to allow the programs to grow at a fis- without interfering with those parts of the Senate. I proudly voted for it last cally responsible pace. This budget the system which work and without year. It is a fair budget. It saves Medi- plan would maintain our commitment taking away the ability of States to care and Medicaid for our senior citi- to low-income families, seniors, college implement their own reforms. If we zens. It move us to a real balanced students, and small businesses. learned anything from the health care budget with real numbers by the year I am especially concerned with pre- debate in 1994, it is that our system 2002. serving and strengthening the Medi- must be reformed gradually and incre- Mr. President, the national debt has care Program. My mother is a senior mentally. The Health Insurance Re- spiraled upward to more than $5 tril- citizen. I will be a senior citizen as well form Act before us is an example of the lion. Twenty years ago it was $524 bil- in the not-too-distant future. Under kind of incremental changes that can lion—only about one-tenth of what it is the Senate plan, Medicare would in- be enacted step-by-step in a bipartisan, today. The annual interest on the debt crease at an annual rate of about 6.2 collegial manner. Hopefully, this will now exceeds $340 billion. It is unfair to percent—nearly twice the rate of infla- serve as a model for future legislative us and especially to the future genera- tion. Spending for each Medicare bene- reforms to our health care system and tions of taxpayers to allow the debt to ficiary would increase from $5,200 per prompt the two sides of the aisle to continue on this course. person today to $7,000 per person in seek more ways of working together While the Congressional Budget Of- 2002. Just as important, we would pre- for the betterment of the Nation. fice recently revised its deficit esti- serve Medicare for years to come, and Again, I congratulate the managers mate for fiscal year 1996 downward to quality health care would continue to of this bill and am proud to lend my $130 billion, one needs to be careful to be provided to those seniors who need support. note the true sources of this deficit re- it.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9479 Finally, our budget plan calls for tax their Nation and their values. I am fense Perry. We discussed his mission relief in the form of a permanent, $500- confident the 57th will continue to to Saudi Arabia. Deep in the hearts of per-child tax credit for families. Mil- serve South Dakota and our Nation in every person in this Chamber is the lions of middle-class families across an equally outstanding manner in the sadness for the loss of life due to ter- the Nation would benefit from this future. rorism—make it clear, Mr. President, measure. A family with two children, f terrorism—when those barracks were for example, would be given the oppor- maliciously partially destroyed by a NATIONAL DEFENSE tunity to invest or spend as they see fit truck bomb. AUTHORIZATION ACT the $1,000 that otherwise would have The Secretary advised members of been paid to the Federal Government. Mr. WARNER. Mr. President, I rise the committee that he is taking steps This is the way it ought to be. This is to speak on behalf of the 1997 defense to ensure greater security for those a true middle-class tax cut. In fact, the authorization bill. I am privileged to troops, and, indeed, that requires mov- tax credit would be phased out for un- serve on the committee with the dis- ing from their present quarters to married individuals with incomes over tinguished chairman, Mr. THURMOND, of places elsewhere in Saudi Arabia. But $75,000 and couples with incomes over South Carolina, and the distinguished that is what this money is for. $110,000. ranking member, Mr. NUNN, of Georgia, I must point out, however, that even Mr. President, not many days remain and I wish to compliment them, to- with the funding added by the con- in the 104th Congress. I sincerely hope gether with their senior staffs, for put- ferees, this year will mark the 12th that before we adjourn, this Congress ting together an excellent bill and con- straight year of declining defense budg- and the President will be able to agree ference report. It is my hope and expec- ets. The funding level in the fiscal year on legislation to assure a balanced tation that conference report will be 1997 conference report represents a real budget by 2002. Our Nation’s economic voted on favorably by this body very decline of $7.4 billion from last year’s future and the quality of life for the shortly. bill. Just 12 months ago this Chamber next generation depend on a balanced Mr. President, as we deliberate this acted on that piece of legislation and budget. We must not lose sight of this bill, let us put ourselves in any of 10 already there has been that significant goal and we must not delay. I urge my places beyond the shores of this coun- depreciation in the spending level for colleagues to give their full support for try where men and women of the the Department of Defense. To all of legislation to implement this budget Armed Forces are standing guard, or our critics I say that we have not in- and to push forward in our efforts to actually in some instances basically creased defense spending. This bill merely lessens the rate of decline. ensure economic growth, more job op- looking down the rifle bore of a poten- tial enemy, but standing guard and As I stated, U.S. troops are currently portunities, a higher standard of living, taking those risks in the cause of free- deployed in 10 separate military oper- better opportunities for our children, dom. ations overseas. Despite the end of the and a country free from ever-increasing It is for that reason I so fervently cold war, we are calling on the men and debt. hope this body turns to the defense au- women of the Armed Forces at an ever f thorization conference report and increasing rate to endure more and TRIBUTE TO SOUTH DAKOTA NA- passes it this afternoon such that it more separation from families. What a TIONAL GUARD 57TH TRANSPOR- can go on to the President from the joy for Members of this Chamber to go TATION DETACHMENT Senate and the House and receive the home in the evening and join their Mr. PRESSLER. Mr. President, it is President’s signature and be enacted wives and their children, and for mil- with a great sense of pride that I rise into law. lions and millions of other Americans This conference report goes a long to pay special tribute to Capt. Andy wherever they may live. But so often way towards ensuring that our Armed the man or the woman in uniform is Gerlach, Pfc. Jess Berg, Specialist Forces will remain capable of meeting deployed beyond our shores and sepa- Travis Nelson, Sgt. Alan Kludt, Sgt. the many challenges that lie ahead. rated from that which he or she re- Glenn Nordemeyer, Specialist Fred Let me dwell on that for a moment— gards most precious in life—their fam- Emmetsberger, Sgt. Jim Aarstad, and challenges that lie ahead. Today, we ily. They do that, as volunteers, so my nephew Specialist Steve Pressler. have the finest equipment for the men that we can have the exercise of free These eight dedicated South Dakotans and women of the Armed Forces, but it speech and all the other many bless- are members of the South Dakota Na- takes basically 10 years, 10 years from ings that this country enjoys. tional Guard 57th Transportation De- the drawing board until the next gen- Despite the end of the cold war, we tachment. Today, they will return to eration of weapons systems are deliv- are calling on these men and women, South Dakota after having been the ered by the American industrial base. again, to take more and more deploy- only Guard unit from South Dakota And we are proud to have in this coun- ments abroad. It is our responsibility, called to serve as part of the peace- try the finest industrial base in the then, to provide our troops with ade- keeping mission in and around Bosnia. world. But it will take them 10 years quate resources so they can effectively The 57th Transportation Detachment from drawing board to delivery to the and, I underscore, Mr. President, safe- was called to active duty in December men and women of the Armed Forces. ly—not only effectively, but safely— 1995 with the primary responsibility of Our actions today ensure that those perform their missions. We must not supporting rail operations in Bamberg, young men and women today barely in now, tomorrow, or ever send them into Germany. The 57th coordinated the their early teens will have that equip- harm’s way without the best possible movement and transportation of mili- ment when they, hopefully, volunteer equipment. tary personnel, materials, equipment, to assume their role on the ramparts The conference report which passed and supplies to Bosnia. not only of this country but across the the House last night and is currently Mr. President, all South Dakotans world to achieve freedom. waiting Senate action provides for our are proud of these eight outstanding To achieve this goal the conferees troops, not only by adding desperately guardsmen. As a Vietnam veteran, I had to add $11.2 billion to the Clinton needed funding for the procurement, have deep respect and high admiration administration budget request. We con- which I have addressed in the R&D, but for these young men. I am sorry I can- centrated those additional funds on also by funding vital quality-of-life ini- not be in Brookings, SD, personally to just that, providing the research and tiatives such as the 3-percent pay raise welcome them home and see them re- the development, from the drawing for our troops, enhanced military med- united with family and friends. The board to providing the funds for the ical benefits, and almost $500 million of men of the 57th have done their duty to production lines all across the America budget requests for construction of im- their country with professionalism and for airplanes and ships and missiles, proved quality-of-life housing, both for dedication. South Dakotans always trucks, tents, and the like for our men families and single troops. have been ready to answer their coun- and women of the Armed Forces 10 Just remembering back in my own try’s call to duty. The men of the 57th years hence. lifetime, having had the privilege to are a shining example that Americans Earlier today I had the opportunity serve in uniform, the pay raise is par- stand ready to defend the interests of to talk by phone to Secretary of De- ticularly very important, particularly

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9480 CONGRESSIONAL RECORD — SENATE August 2, 1996 when you are beyond the shores and overstated. The fact is, we have being trained for the purposes of exe- your family is back here in the United stepped out of the cold war into a very cuting terrorist acts, killing of Ameri- States. That pay raise means the dif- hot war, and it is a hot war that in- cans, killing of people from other cul- ference in their quality of life. I cannot volves people who have targeted Amer- tures around this world that these fa- tell you the emotional stress on a mili- icans and American institutions with natics, these criminals disagree with. tary person, separated from his or her the intention of bringing physical Now, whether that report is accurate, family, beyond the seas, when they harm to those institutions and to our I do not know, but it is legitimate hear that pay raise could well be in citizens. enough to have been put on the wire by jeopardy should this body, this after- We should not be naive about this. a reasonable news source, and it is noon or tomorrow, not pass this legis- We are a nation which has some won- clearly reflective of the concern which lation. We owe a duty to those who vol- derful characteristics. One of the great we, as a nation, must be ready to ad- unteer to see that they are adequately characteristics of our Nation is that we dress. compensated. I hope we will do that. always believe in the best in people. We So, how do we address it? How do we In addition, this conference report always give people the benefit of the address this new international threat, adds almost $1 billion over the budget doubt. We are an optimistic and upbeat this new cold war which is now a hot request to provide defenses for our country. It is our nature to think posi- war for us? troops and our Nation against the very tively, not only about ourselves but I think we have to begin by recog- real threat that is in the R&D report, about our neighbors throughout the nizing that as of right now, the Federal the real threat, particularly to for- world. That is a wonderful char- Government is not ready to address it. ward-deployed troops, against missile acteristic, and, hopefully, nothing will We have to acknowledge our weakness attack. Those of us who visited the gulf ever cause us to lose that better nature in this area. We have very good people operations during the gulf war saw which makes up the American person- at the heads of the agencies which are firsthand the damage by the crudest ality. But it is time, also, for us to be charged with the responsibility for an- type of ballistic missile, the Scud mis- realistic. There are evil people out ticipating and developing a response to sile, that Saddam Hussein relentlessly there. Unfortunately, there are also international terrorism directed at the fired upon our troops and those of our governments out there which fund, United States. allies, and relentlessly fired upon Tel support, and endorse those evil individ- There are four primary agencies in- Aviv. Many of us here saw firsthand uals. There are people out there whose volved: the State Department, the Cen- the devastation of those crude weap- intention it is to kill Americans, to de- tral Intelligence Agency, the Defense ons. stroy American institutions simply be- Department, and the Justice Depart- We had in place our best defense at cause we are Americans. ment. There are also a lot of ancillary that time, barely off the drawing Some of this terrorist threat is obvi- agencies that have a role in this—the boards, barely off the production lines. ously domestic. But the domestic Treasury Department, for example— We have an obligation to the men and threat is a manageable threat. It is a but the four primary agencies are head- women of the Armed Forces and, in- containable threat, and it is one which ed by good people, in my opinion, and deed, to all of our citizens and others I believe our institutions are well they are all committed to doing some- deployed abroad to put our greatest structured to address already. The FBI thing on this issue. strength of research and development and the various State agencies which But the problem is that there isn’t a into deterring these systems in the fu- do law enforcement are well-tooled and comprehensive, systematic plan in ture. well-experienced in how to address, to place. There are, on paper, some sys- I yield the floor. meet, to obtain intelligence on and to tematic plans. For example, the Na- The PRESIDING OFFICER (Mrs. respond to, domestic terrorism and tional Security Council is, by law, HUTCHISON). The Senator from New acts of violence. We, as a nation, have charged very appropriately with the re- Hampshire. had this happen in the past. sponsibility of organizing, orches- Mr. GREGG. Madam President, may I I remember in the 1960’s we had a trating, anticipating the threat of ter- inquire of the Chair what the regular group called the Weathermen, in New rorism and the response to the threat order is? Are we in morning business? York. We have been able to respond. I of terrorism. But it doesn’t really do it The PRESIDING OFFICER. We are in do not have any question in my mind in practice. In practice, it does very morning business with Senators per- but that we will find the perpetrator of little, actually. mitted to speak for 5 minutes. the bombing in Atlanta and we will If you talk to each of the heads of the Mr. GREGG. I ask unanimous con- prosecute that person, and we will do different Departments in charge here, sent, then, to proceed for 15 minutes. likewise relative to Oklahoma in the they will tell you of their sincere inter- The PRESIDING OFFICER. Without prosecution area and obtain a convic- est in pursuing this and what their De- objection, it is so ordered. tion, hopefully, if that is what the jury partment is doing. You can ask them, f finds appropriate. ‘‘How are you interfacing with the So, domestic terrorism is a very se- other Department?’’ And they say, TERRORISM vere problem, but it is not the core ‘‘Well, we’re occasionally speaking on Mr. GREGG. Mr. President, I wish to threat that we face as a nation. The this point and speaking occasionally on talk a little bit today about an issue core threat that we face as a nation is this point,’’ and it is almost always a which is on everyone’s mind in Amer- internationally sponsored terrorist personal-relationship-type exchange. ica, which is the question of terrorism. acts, because here you have individuals There is no system in place, no man- I spoke briefly yesterday on this mat- who are backed up by governments or agement structure in place, no com- ter, but I wanted to expand on those by institutions or large groups of peo- prehensive plan in place which directs comments because there is a great deal ple who have the physical and eco- the response to the international ter- happening within this body and the nomic capacity to wreak incredible rorist threat. That has to be changed. other body and in the Government gen- harm on our country and our citizens. Now, in a bill that was reported out erally on how we react to this new This international terrorism is a new of the Appropriations Committee yes- world, which has brought this threat to breed of threat. It is something we as a terday, the Commerce, State, Justice us with such immediacy, as we see in country have not faced before. bill, which is the subcommittee I chair, Atlanta, as we see in flight 800. I think As a result, we need to take a new we put in place a series of new initia- it is important to review what is hap- look from a different view of how we tives in the area of fighting terrorism. pening here in the Federal response to approach the prevention, anticipation, Not new in some instances; in some in- it, where we should go from here, and and, hopefully, termination of this stances, they were supportive of initia- also to talk a little bit about other threat. tives which were already in place. But areas that need to be addressed. It was reported in the press today the most important part of this pro- First off, the scope of the problem, I that there are actually functions posal was that we have developed by think, cannot be overestimated. The camps in Iran that may have as many the Attorney General a comprehensive immediacy of the problem cannot be as 5,000 individuals who are specifically plan which will be reported back to the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9481 Congress by November 15 and which ed, to hear back from a commission, as thousands their ability to obtain infor- will outline how we are going to get good as it may be and as constructive mation. these different agencies to work to- as it may be. The FBI is attempting to expand that gether. There is a tremendous amount of co- pool of information-gathering by mov- I don’t know if this proposal is going ordination and planning that can begin ing agents into international posts. In to go anywhere, because that bill, now. It is not occurring now. There is this bill we propose to strongly support which subcommittee I happen to chair, a lot of planning and effort going on that initiative so that we can begin to is sort of at the end of the trail here as right now, I don’t want to underesti- better anticipate who and where the we move down the appropriations path, mate that. These Departments individ- threat is coming from. and it may not even get up until the ually are doing a superior job in trying It is an interesting thing. I met with end of September. As a practical mat- to get up to speed in their area of re- President Mubarak yesterday, or ter, we really shouldn’t have to have a sponsibility. But so often, the right Wednesday. There is a man who obvi- law passed to tell the administration hand doesn’t know what the left hand ously understands and knows the to do this. As a practical matter—and is doing, and the left hand doesn’t tell threat of terrorism. One of his biggest I don’t say this to be derogatory be- the left foot what it is doing, and the concerns—and I would put it down al- cause I don’t intend to be, I hope it is left foot doesn’t tell the right foot most as a gripe, and it is a legitimate constructive—as a practical matter, what it is doing, and we all end up in one. Maybe I should not use the word the President should meet with the different directions, and we end up in a ‘‘gripe’’ because it is a very legitimate Secretary of State, the Director of the pretzel-like position. And that is, un- frustration. His biggest frustration is Central Intelligence Agency, the Attor- fortunately, what is occurring, to some that it is our democratic allies in Eu- ney General, and the Defense Secretary degree, to our response of the overall rope who have become the prime and require them to develop such a issue of a comprehensive initiative. harborers of some of the most vicious plan. And those meetings should con- So, yes, let’s go forward with a blue murderers and terrorists. tinue on a regular basis with the heads ribbon commission, because I think it He points to England and to some of of those agencies over a series of weeks would be helpful to get outside review the European Continent countries as and months until that plan is not only from people who are very knowledge- being nations which, for whatever rea- developed but being executed. able on terrorism as to how to proceed. son, have decided to allow to live with- As a practical matter, we are not And yes, let’s keep the energies going in their shores people who are known going to accomplish the goal of putting in the FBI, and the CIA, and in the to have an intention of committing in place a systematic response from the State Department and in the Defense terrorist acts and who have a stated Federal Government to the threat of Department on various actions in their policy of doing so relative not only to international terrorism until we have bailiwicks that can be taken to try to Egypt and to other modern Arab the President of the United States get their responsibilities in terrorism states, but relative to America. driving his Department heads to ac- response proceeding effectively. So we are not talking about access to complish just that in an organized way. But at the same time, we need to information in nations which maybe Having served as a chief executive at have this comprehensive approach we have trouble dealing with. We are a State level—and it doesn’t really coming from the top, from the Presi- talking about getting access to infor- work much differently at the Federal dent, through the Secretariats, to the mation in nations who are our allies level; in fact, it probably is even worse departments so that we have an inte- and maybe working with those allies to at the Federal level as far as getting grated, cooperative effort and one that be a little more responsible in the man- coordination going—I know from expe- is focused. That is the most critical ner in which they deal with individuals rience that unless the chief executive thing we need to do right now to ad- whom they have allowed into their physically participates and demands a dress the international terrorist countries and who may represent physical participation of the key de- threat, which is huge and extraor- threats to our country. partment heads, then issues like this dinarily dangerous. The third issue which we attempted then get lost either, one, to inatten- In addition to this comprehensive to increase the effort here in our bill is tion, or, more significantly and more plan, within the bill that was passed to create a better capacity for re- often is the case, get undermined by out of the Appropriations Committee, sponse, both at the Federal level and at the battles over turf. we basically took five other steps, five the State and local level, to a terrorist An equally important initiative to other philosophical steps—or not philo- event. In this area we are very con- having the President drive this process sophical because I think they are very cerned about terrorist events that with his Department heads is that tangible steps—steps to try to beef up might involve biological or chemical there must be put in place a system the effort in fighting terrorists. threats. So that is something we really which accomplishes the follow-on fol- First off, we have given significantly need to focus in on. lowup that is necessary to produce re- more resources to the FBI to help it This committee is trying to do that. sults so that it doesn’t depend on indi- monitor terrorist groups in the United We have created rapid response teams viduals in the end, but it is functioning States and overseas. Obviously, the or increased the funding—they already as an element of an organized plan best way to stop a terrorist attack on exist—but increase the funding to which can be executed by people no the United States is to know when it is allow us to have more capacity to matter who is sitting in the key seats going to come and who is going to pur- move rapid response teams into posi- around the table. Unfortunately, none sue it. But to do that, you have to have tions where there is a local emergency. of that has occurred to date. I hope people. You have to have intelligence- In addition, we have significantly in- that it will occur soon. gathering. Unfortunately, the intel- creased the effort to break down com- In the meetings that have been going ligence-gathering capability by human munication barriers between the Fed- on this week on the special task force beings, which is the way you really eral Government and the State govern- on terrorism that was set up where have to do it in this area of terrorism, ments and the local governments. Once Members of the Senate, Members of the has been significantly reduced, espe- again, you have this unfortunate at- House, and the White House were meet- cially at the CIA. mosphere which develops amongst bu- ing, along with the Justice Depart- However, the FBI, which our com- reaucracies, whether they are law en- ment, it was suggested we have a blue mittee has jurisdiction over, is at- forcement bureaucracies or social serv- ribbon panel. I believe the House today tempting to reach out to police forces ices bureaucracies, that is known as will appoint a blue ribbon panel. around the world in order to use the re- turf. Now, I like blue ribbon panels as well sources of the police forces in various I remember when I was Governor of as the next person, and I am sure a countries where terrorist groups may New Hampshire, one of my great frus- blue ribbon panel could be useful here be organizing and to take advantage of trations was that we could not get the to some degree, but the lead time for their knowledge base, which is extraor- State police and the local police to such a group is considerable, and we dinary, and thus multiply by hundreds even be on the same radio band so if a don’t have to wait to get things start- if not thousands and actually tens of State police officer wanted to talk to a

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9482 CONGRESSIONAL RECORD — SENATE August 2, 1996 local police officer while they were and the institution of that. That lan- that might not stop the truly com- chasing a car at a high speed, they ba- guage is also in this bill. mitted individual, but it will certainly sically had to call in to headquarters So it is a bill that has a lot of activ- make it more difficult for the casual and have the headquarters call out to ity in the area of trying to address the pursuer of this information. That is the other police car. They could not terrorist threat. Specifically, the inter- why I am sending this letter. talk to each other. It was a turf issue. national terrorist threat is, I men- I am not sure what processes could be Unfortunately, that gets magnified tioned, the true concern, should be our put in place. I think there ought to be hundreds and hundreds of times in in- true concern, in the area of trying to some thought given. It should not numerable circumstances. What we are get ahead of this wave of potential vio- come from the Government—in other trying to do is break down those bar- lence directed at the United States. words, the Government saying, ‘‘You riers of communication so that we will Now, on that score, the Government do this,’’ as managers of the Internet, have better communication between cannot do everything. The Government as people who create the access sys- Federal, State, and local law enforce- has never been able to do everything, tems for the Internet. That will lead to ment on a two-way-street effort for in- in my opinion. It certainly cannot do all sorts of, in my opinion, more sig- formation. everything in this arena. It is the pri- nificant issues of freedom of speech and Fifth, we have attempted to increase mary player. The agencies which we officiousness of Government. the technological information and ca- have responsibility for have been de- This should be a self-policing exer- pability of the FBI. This is very impor- scribed as the Defense Department in cise. These folks should have the com- tant. We all know that we are dealing this area of counterterrorism. But mon sense and the civic attitude to in a technological world and there are there still has to be a responsibility proceed to try to develop something. in the area of communications, in the among the communities of our citizen- These are creative and imaginative area of detection, in the area of crime ship. There still has to be a responsi- people that have come up with these prevention, huge technological ad- bility in our corporate community. systems. If put in a room, I suspect vances being made, and we have to stay On that point, I have written, along they could come up with creative and current. So we are going to signifi- with some of my colleagues who wish imaginative solutions to this problem. cantly increase that effort. to join me, a letter to the companies That is a brief summary—not that Sixth, it is our desire to make sure who manage Internet access. As I men- brief, actually—but a summary of that our key facilities in the law en- tioned yesterday, we all recognize that where we stand in the coun- forcement and international commu- the Internet is the Wild West of infor- terterrorism exercise relative to the nity, international stage, are pro- mation. I, for one, have absolutely no FBI, especially, but it is my concern tected. So we have increased the fund- interest in regulating it. I think it relative to this administration and how ing for security at our courthouses, would be a mistake. I think it would it should pursue it and the Internet, and, very important in my mind, we undermine the great potential of the and how it should be addressed in that have increased the funding for security new medium of education. arena. for our personnel who are serving over- The fact is certain people are abusing I yield back the balance of my time. seas in our State Department. the Internet. When you punch in the The PRESIDING OFFICER. The Sen- I cannot and will not tolerate—and I word ‘‘explosive’’ and trace that word ator from Pennsylvania. do not think anybody in this body on the Internet, you come up with f would tolerate—putting American citi- something like 32,000 designations, of zens who are working for our Govern- which 6,000—6,000—involve directions IMMIGRATION REFORM ment in a post that has a fair amount on how to make an explosive device, di- Mr. SPECTER. Madam President, I of risk to it at an unnecessary risk. rections titled, such as, ‘‘How to make have sought recognition to discuss There are simple things that need to be a pipe bomb and leave it at your favor- briefly one of the aspects of the immi- done to help these people and protect ite airport or Federal office building.’’ gration conference report which will their security and, equally important, That is wrong. come before the Senate either today or protect their family security. What I have suggested in writing the shortly after we return from recess. I There is no reason why an American leaders of these various entrepre- think that it is very important that we who is working for the State Depart- neurial groups who are driving the reform our laws to provide increased ment who has his or her family with economy of information, the informa- resources to protect our borders and him or her should feel that that family tion economy which is doing so much combat illegal immigration. is not getting adequate protection from for our country, what I suggest to Nevertheless, I have been very much our Government if there is a threat oc- them, maybe it is time they gave a lit- concerned about a number of provi- curring in that country to Americans. tle thought here as to what type of ac- sions of the immigration bill. The pro- So we needed to increase that security cess they are affording people relative vision which concerns me the most is effort. And we have done that. to the Internet. Maybe they should cre- the so-called Gallegly amendment, So this bill, this State-Commerce- ate some sort of self-policing mecha- which would give the States the option Justice bill, is a major step, in my nism which says if something is clear- to limit education opportunities to opinion, but not a final step, hardly ly, clearly, on the Net for the purpose children of illegal immigrants. In my even a midway step really. It is just a of explaining how to kill people, such opinion, it is unthinkable in America part of the beginning steps, but a as making a pipe bomb and leaving it to deny education to any children, re- major thrust in the beginning steps to- at your favorite airport or Federal of- gardless of their status, whether their ward getting together our fice building, that accessing that infor- parents are illegal immigrants. counterterrorism effort. But as I men- mation should not be easy. It should That is something I feel particularly tioned earlier, it all depends to a great not just involve typing in the word strongly about because both of my par- extent on the capacity of the adminis- ‘‘explosive.’’ ents were immigrants. My mother tration to pull together these various When they index these items, maybe came to this country as a child of 5 agencies. And that has to start at the they decide not to index some items, with her parents from a small town on top. recognizing that is a type of censorship the Russian-Polish border. My father Also in this bill were two pieces of they may not want to participate in. In came from Ukraine Russia, literally language—three actually—that have this instance, it may be appropriate. In walked across Europe with barely a been passed by the Senate relative to any event, when they index these sys- ruble in his pocket, sailed steerage— terrorism in order to give our police tems, whether it is Yahoo, Magellan, or the bottom of the boat—to come to and law enforcement community more Netscape, generally, or America Online America to make a better life for him- flexibility and more capability, which or CompuServe or some Microsoft sys- self. He did not know at the time he passed this body by 90 to 0. They were tem, they ought to make it more dif- had a return trip ticket to France, not a multipoint wiretapping and another ficult to get that type of information, to Paris but to the Argonne Forest, wiretapping right and also a study on that you ought to go through more where he fought in World War I as a taggants relative to tracing explosives hoops before you can access. Granted, buck private, to make the world safe

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9483 for democracy, and carried shrapnel in Let me just say that I apologize for There being no objection, the mate- his legs until the day he died. not having the opportunity to have rial was ordered to be printed in the My parents had legal status as immi- been here this morning. I know there RECORD, as follows: grants, but sometimes that is a hard have been a number of discussions un- SEC. 1069. PUNISHMENT OF INTERSTATE STALK- thing to determine. I do not think any derway with regard to the schedule and ING. child ought to be deprived of edu- individual issues. (a) IN GENERAL.—Chapter 110A of title 18, cational opportunities because of the The distinguished Senator from United States Code, is amended by inserting status of his parents, even if they are Texas, the Presiding Officer, made a after section 2361 the following new section: illegal immigrants. number of points this morning regard- ‘‘§ 2261A. Interstate stalking I have been strongly opposed to the ing the stalking bill that she has made ‘‘Whoever travels across a State line or Gallegly amendment. I have agreed to in the past. I am told she suggested within the special maritime and territorial jurisdiction of the United States with the in- sign the conference report, however, that her stalking legislation, which tent to injure or harass another person, and because of a significant change which I passed the Senate last week after an in the course of, or as a result of, such travel have insisted upon. That change is amendment to the bill was worked out, places that person in reasonable fear of the that, in addition to some other modi- is being held up in the House and that death of, or serious bodily injury (as defined fications which have already been she referred to a commitment I made in section 1365(g)(3) of this title) to, that per- made for a child in the first grade to to her to try to help her get it passed. son or a member of that person’s immediate complete the sixth grade and a child in I am told she suggested that, because family (as defined in section 115 of this title) the seventh grade to complete the 12th the bill has not cleared the House in shall be punished as provided in section 2261 of this title.’’. grade, the modifications I pressed to the last week, that I have not lived up (b) CONFORMING AMENDMENTS.—Title 18, have included, and I think have been to that commitment. United States Code, is amended as follows: included by agreement, would provide As several Senators pointed out ear- (1) Section 2261(b) is amended by inserting for a comprehensive study to be con- lier this morning, sometimes it takes ‘‘or section 2261A’’ after ‘‘this section’’. ducted by GAO, the General Account- more than a week for the other body to (2) Sections 2261(b) and 2262(b) are each ing Office, at the end of 21⁄2 years, act. At any rate, I understand that the amended by striking ‘‘offender’s spouse or which would determine what impact problem is not as dire as earlier sug- intimate partner’’ each place it appears and the Gallegly amendment had on the gested—and that the circumstances inserting ‘‘victim’’. (3) The chapter heading for chapter 110A is children who were excluded from edu- surrounding this stalking legislation amended by inserting ‘‘AND STALKING’’ cation, what impact it had with respect certainly do not warrant objections to after ‘‘VIOLENCE’’. to juvenile delinquency, the crime action on the Executive Calendar. I (4) The item relating to chapter 110A in the rate, what impact it had on their edu- wanted to confirm this, but I can now table of chapters at the beginning of part I is cational status, what impact it had on say with authority—I have the ref- amended to read as follows: their family status, and what impact it erences before me —that the entire lan- ‘‘110A. Domestic violence and stalking 2261’’. had on reducing illegal immigration. guage of the Senator’s stalking bill, (c) CLERICAL AMENDMENT.—The table of Following release of the study there word-for-word, is currently in the de- sections at the beginning of chapter 110A of will be a mandatory vote on repeal of fense authorization conference report such title is amended by inserting after the the Gallegly provision in the Congress, that is in the Senate. This language item relating to section 2261 the following both Houses, within a very short period was apparently accepted by the House new item: of time, whatever the results of the and Senate conferees. She was one of ‘‘2261A. Interstate stalking.’’. GAO report may have been. those conferees, so I am sure she under- f stood that. If the Gallegly amendment was not THE SENATE’S SCHEDULE repealed on that vote, then there will I am confused as to why that was not be a similar study after 5 years, and recognized this morning, yesterday, or Mr. DASCHLE. Madam President, let then another mandated automatic vote at some point, because she made quite me just say that while I did not hear on the repeal of the Gallegly provision a point of saying that we had not all of the discussion this morning, I by the Congress. worked in good faith. Well, clearly, the heard about it. I only say that we are It is my judgment, Madam President, conferees were there and could have ob- prepared this afternoon to work with that if the Gallegly amendment is sub- jected to the inclusion of that lan- the majority leader to pass the con- jected to a vote at 21⁄2 or 5 years, it guage, and they did not. So the lan- ference report on minimum wage, to would be repealed by the Congress and guage is in the defense authorization pass the conference report on health signed by whomever might be the conference report, and I hope that she care, with the understanding that the President. Whether it is President Clin- feels that that represents a fairly sig- last-minute, nonauthorized addition of ton or Senator Dole, the then Presi- nificant development in terms of get- a provision dealing with a certain drug dent would sign it. I think if the ting her policy accomplished. I am patent would be removed from the con- Gallegly amendment were standing very disappointed that the other half of ference report, and to pass the con- alone now, it would be rejected by the the stalking legislation that passed ference report on safe drinking water. Congress. last week—the amendment of the Sen- We would be prepared to do that, along I do not think that the entire immi- ator from New Jersey that she praised with the CFTC nominations, and the gration conference report ought to be so strongly and so appropriately the item on the Executive Calendar dealing rejected because of this single provi- other night —was not included. The with the nominee for the district sion, considering the modification that Senator from Texas has given me her judgeship in Minnesota. I have presented, which, as I say, I word, as has the majority leader, that So that is a good deal of work this think is being accepted and will be in they would work with us to get that afternoon. I see that the majority lead- the conference report. I wanted to legislation enacted as well. I know that er is here. We had the opportunity to make that brief explanation. she will live up to that commitment, discuss this matter earlier, and I look I yield the floor. just as the majority leader and I have forward to resolving the matters I have Mr. DASCHLE addressed the Chair. attempted to work in good faith to live just mentioned with him. We are pre- The PRESIDING OFFICER. The up to ours. pared to enter into a colloquy at this Democratic leader is recognized. The reference, I might point out, to time. I yield the floor for that purpose. f the Senator from Texas’s stalking lan- Mr. LOTT addressed the Chair. guage is section 1069 of the defense au- The PRESIDING OFFICER. The ma- THE STALKING BILL thorization conference report. The page jority leader. Mr. DASCHLE. Madam President, I in the CONGRESSIONAL RECORD, dated Mr. LOTT. Madam President, I apolo- know the majority leader will be here July 30, 1996, was page 9055, in the gize to the minority leader for not shortly. I look forward to the oppor- House section. being here. I got waylaid by the Sec- tunity to discuss the schedule for the I ask unanimous consent that that retary of Defense, who is anxious about remainder of the day with him when he section of the conference report be some nominations, particularly the comes. printed in the RECORD. Chief of Naval Operations. I talked

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9484 CONGRESSIONAL RECORD — SENATE August 2, 1996 with him on that and some other mat- Mr. LOTT. Madam President, does ization conference report considered. It ters. As I understand it from our dis- the Senator wish to respond on the pos- should be done. I want to have it done. cussion, we would be prepared to move sibility of getting these nominations I cannot allow it to be tied to political the nomination of the judge, the CFTC considered this afternoon? judges. nominees—two of those—and then go Mr. DASCHLE. Well, Mr. President, I I cannot help but smile when my dis- to the health insurance conference re- would be happy to respond. We want tinguished colleague and good friend, port. very much to be able to clear the cal- the minority leader, refers to judges as Mr. DASCHLE. If the distinguished endar of all nominations. We would nonpolitical. Give me a break. But we majority leader will yield, as I under- like very much to deal with all of the have worked together through thick stand it, our staffs have discussed the military nominees and promotions. and thin for the last month. We will matter and the way in which it would They are nonpolitical. The majority keep doing that. come up. There would be a correcting leader has pledged that for the entire So let me try this for now. Perhaps resolution that would be offered, and month of July he would like to deal we could go ahead and do the judge, the we would consider that, and it is my with the nonpolitical nominations on CFTC, and go ahead and go to the safe understanding that we would then hold the judiciary as well. I am sure we can drinking water conference report, be- the bill until the House has passed the work out an arrangement whereby the cause everybody is for that. We can get correcting resolution. But in that time military and judiciary—all the non- started. And we will talk about these we could take up the other legislation political nominations—can be dealt other two during that time. as well. with. I look forward to working with f Mr. LOTT. I think there may be a him and both of you to see that that EXECUTIVE SESSION problem with that, but I would like to happens this afternoon. discuss that some more in a moment. It is also my hope that we can deal After that—after we work through with a number of conference reports. EXECUTIVE CALENDAR however we are going to handle the Our desire is to try to accelerate these Mr. LOTT. With that agreement health insurance conference report and considerations. An hour would work get a time agreement, I presume—and then, I ask unanimous consent that the very fine with us. If we can work out Senate immediately proceed to execu- some Senators want to be heard on an arrangement where that can be that, like Senator DOMENICI and Sen- tive session to consider the following done, I look forward to taking that up ator WELLSTONE, and Senator SPECTER nomination on the Executive Calendar: today. No. 512, the nomination of Ann Mont- has an interest there, too—then we Mr. THURMOND. Since defense is a would go to the safe drinking water gomery to be U.S. District Judge for nonpartisan matter, and Senator NUNN, conference report, and small business the District of Minnesota. the ranking member of the committee, tax relief, which includes the minimum Further, I ask unanimous consent favors going ahead, and I as chairman wage conference report. that the nomination be confirmed, the I think we do need to talk further favor going ahead, and it is purely non- motion to reconsider be laid upon the about how to handle the health insur- partisan—that is the way we handle de- table, and the President be imme- ance conference report with regard to fense, and that is the way it should be diately notified of the Senate’s action. the Con. Res. handled—why not take it up and pass The PRESIDING OFFICER. Is there I would like to ask specifically about it? We can get through with it in an objection? the military nominations. I understand hour. Without objection, it is so ordered. there is a lengthy list of generals, colo- Mr. DASCHLE. I agree. The nomination was considered and nels, majors, whatever, but most im- Mr. THURMOND. Do you object to confirmed as follows: portantly, the Chief of Naval Oper- bringing it up? Don’t put it in the cat- THE JUDICIARY ations. I understand there is a real egory of other things. Keep defense as Ann D. Montgomery, of Minnesota, to be need for that to be filled. a nonpartisan matter. That is what we United States District Judge for the District Mr. NUNN. And the space command are trying to assure that ought to be of Minnesota. general, also. done. Mr. LOTT. I ask unanimous consent Mr. LOTT. I would be glad to yield to Mr. DASCHLE. That is right. We that the Senate immediately proceed the Senator from Georgia. want to keep it nonpartisan. to consider the following nominations Mr. NUNN. I was going to inquire Mr. THURMOND. Everything is not on the Executive Calendar: Calendar about the nominations. I see the chair- nonpartisan. This affects the whole Na- Nos. 596 and 597, Brooksley Elizabeth man of the Armed Services Committee tion. This affects the defense of this Born to be chairman of the CFTC, and on the floor. I know we would both country. Calendar No. 598, David D. Spears to be want to inquire about whether we Mr. DASCHLE. I understand, and the a commissioner of the CFTC. would have the chance to pass the de- chairman knows that better than any- The PRESIDING OFFICER. Is there fense authorization conference report, one does. He has worked admirably to objection? passed by the House last evening, get to the point where consideration of Without objection, it is so ordered. which I believe the Senator from South the conference report could be taken The Senate proceeded to consider the Carolina believes we can pass within an up this afternoon in a nonpartisan way. nominations. hour, maybe a shorter time than that. Both the ranking member and the Mr. LOTT. Madam President, I just Mr. THURMOND. Madam President, chairman have done an excellent job. want to note here on that one that it the House passed the defense author- But I must say we have worked to- has been pending for a long, long time. ization bill yesterday in one hour. I gether all month long on a whole range A lot of cooperation was involved in think we can pass it here in one hour. of bills. A lot of what we have done this the CFTC. I am glad we finally have All I ask is that my colleagues not ob- month he has cooperated on. We have been able to work through the prob- ject to bringing it up. This is a matter cooperated in a nonpartisan way in lems that we had. of deep concern to the whole Nation, to getting the defense bill to this point. I further ask unanimous consent that those in the service, and to the defense Mr. THURMOND. Please do not put the nominations be confirmed, the mo- of our country. defense in the group of these other tions to reconsider be laid upon the We need to take this bill up and pass things. This is nonpartisan. This is for table, that any statements related to it. It has a lot of things in it that need the good of the whole Nation. Every- the nominations appear at the appro- to be acted upon. We also have some body feels defense is nonpartisan. Why priate place in the RECORD, that the military nominations, uniform people. not bring it up now? We could pass it in President be immediately notified of There is no reason in the world to hold 1 hour. the Senate’s action, and the Senate them up. These are nonpartisan mat- Mr. LOTT. Madam President, if the then return to legislative session. ters. They don’t affect anybody person- distinguished chairman of the com- The PRESIDING OFFICER. Without ally, but they affect the whole Nation. mittee will allow me, we will continue objection, it is so ordered. I hope we can get this bill up, pass it to work on that. I am very much com- The nominations were considered and briefly, and send it on to the President. mitted to getting the defense author- confirmed as follows:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9485 COMMODITY FUTURES TRADING COMMISSION and myself, and I ask unanimous con- years. But these new standards and Brooksley Elizabeth Born, of the District sent that whatever time is taken up, new treatment have put a strain on the of Columbia, to be a Commissioner of the that it be equally divided between Sen- water suppliers. This bill includes Commodity Futures Trading Commission for ators CHAFEE and BAUCUS or their des- many provisions to ease that burden. the remainder of the term expiring April 13, ignees. What is in the bill? There is a drink- 1999. The PRESIDING OFFICER. Is there ing water revolving loan fund that the Brooksley Elizabeth Born, of the District of Columbia, to be Chairman of the Com- objection? President first recommended. In addi- modity Futures Trading Commission. Without objection, it is so ordered. tion to all that, the States are author- David D. Spears, of Kansas, to be a Com- Mr. LOTT. Madam President, while ized to reduce monitoring costs by de- missioner of the Commodity Futures Trad- we are waiting for the managers of this veloping their own testing require- ing Commission for the term expiring April bill to come to the floor, we will work ments. The States may grant variances 13, 2000. on these other issues. to small systems that cannot afford to f I am glad to yield to the Senator comply with the national standard. We LEGISLATIVE SESSION from Minnesota. are not rolling back any health protec- Mr. WELLSTONE. I thank the Sen- tion that is now provided. No existing The PRESIDING OFFICER. Under ator. standard will be weakened. the previous order, the Senate will re- Madam President, I would like to In addition to the SRF grants, there turn to legislative session. thank the Chair, and I would like to are new programs to prevent pollution f thank the majority leader for discus- at the source. This program lets the SAFE DRINKING WATER ACT sions and bargaining in good faith. I cities and towns go to the headwaters AMENDMENTS OF 1996—CON- very much appreciate the action taken. and see if they cannot clean up the pol- FERENCE REPORT I thank you. lution there, rather than permitting Mr. LOTT. I observe the absence of a the pollution to come down the river Mr. LOTT. Madam President, I ask quorum, Madam President. and then the city has to invest in a unanimous consent that the Senate The PRESIDING OFFICER. The very, very expensive water purification now turn to the conference report to clerk will call the roll. plant. All of that makes sense. accompany S. 1316, the safe drinking The bill clerk proceeded to call the The bill pushes hard for more and water bill, that the conference report roll. better science, including research pro- be considered as having been read, and Mr. CHAFEE. Mr. President, I ask grams to determine whether some it be in order for me to order the yeas unanimous consent that the order for groups, like children or pregnant and nays on the adoption of the con- the quorum call be rescinded. women or people with particular ill- ference report at this time. The PRESIDING OFFICER. Without nesses, are likely to experience adverse The PRESIDING OFFICER. Without objection, it is so ordered. affects from drinking water contami- objection, it is so ordered. Mr. CHAFEE. Madam President, nants. The report will be stated. could I ask what is the pending busi- Before describing the major provi- The legislative clerk read as follows: ness? sions in detail, I wish to thank our col- The committee on conference on the dis- The PRESIDING OFFICER. The con- leagues for the hard work they have agreeing votes of the two Houses on the ference report on the Safe Drinking done. Particularly, I thank Senator amendment of the House to the bill (S. 1316) Water Act. KEMPTHORNE, who was chairman of the to reauthorize and amend title XIV of the Public Health Service Act (commonly known Mr. CHAFEE. Madam President, I am subcommittee that dealt with this bill. as the ‘‘Safe Drinking Water Act’’), and for prepared to enter into a time agree- Senator KEMPTHORNE, over many other purposes; having met, after full and ment of 1 hour equally divided. months with great patience and superb free conference, have agreed to recommend The PRESIDING OFFICER. Is there knowledge of this bill, brought forward and do recommend to their respective Houses objection? The Chair hears none. The this legislation which we now have be- this report, signed by a majority of the con- agreement is 1 hour equally divided. fore us, in essence. His efforts in behalf ferees. Mr. CHAFEE. Madam President, I of State and local governments and The PRESIDING OFFICER. Without will control the time on our side. others is widely recognized. The trust objection, the Senate will proceed to I ask the Chair that I be notified that Senator KEMPTHORNE had built up the consideration of the conference re- when I have used 8 minutes of my time. with local officials was, I believe, es- port. The PRESIDING OFFICER (Mr. sential in achieving the compromise (The conference report is printed in COVERDELL). The Chair will notify the that is always necessary when you sign the House proceedings of the RECORD of Senator when 8 minutes has expired. a bill into law. August 1, 1996.) Mr. CHAFEE. Mr. President, I am Senator REID, the ranking member of Mr. LOTT. I ask for the yeas and pleased to join with my colleagues in that subcommittee, was a partner in nays. the Environment and Public Works that effort and did excellent work. I The PRESIDING OFFICER. Is there a Committee in bringing the conference mentioned the fine work that Senator sufficient second? report of the Safe Drinking Water Act BAUCUS has done, and Senator WARNER, There is sufficient second. before the Senate. The committee has likewise, and others. The yeas and nays were ordered. been working on this since 1993, and I also want to thank the House lead- Mr. LOTT. I ask unanimous consent our efforts have received broad, bipar- ership that we worked with, Chairman that the vote occur on the adoption of tisan support at every step. I particu- BLILEY and Congressman DINGELL and the conference report at—— larly pay tribute to the ranking mem- WAXMAN and others who are, obviously, Mr. DASCHLE. If the majority leader ber of this committee, who was the members of the conference committee. will yield, I think we need to check chairman of it during the prior 2 years, We had help from the office of water with our colleagues for a brief period of the senior Senator from Montana, Sen- at the EPA, including Bob Perciasepe, time to determine the length of time ator BAUCUS. He has done an excellent who heads the drinking water office. that may be required to talk on this job and has been a real stalwart in Mr. President, if somebody were to bill. I know of little opposition, if any, achieving reforms to the Safe Drinking ask what is the one thing we can do but I do know of a number of Senators Water Act. What we have before us is, that will most improve the safety of who have expressed a desire to speak to a considerable extent, based upon drinking water in the United States, I for the legislation. And so we would the fine work he did while he was think the answer would be help the not be prepared to enter into a time chairman and the committee was under small systems. There are 54,000 small agreement, but I do not think it will be his guidance. drinking water systems in the United that long. We all agree reform of the Safe States, in trailer parks, in villages, in Mr. LOTT. Madam President, let me Drinking Water Act is necessary. Pub- small communities. There are thou- say then that the time for vote will be lic health has been strengthened, there sands of these systems that are oper- announced later on today after con- is no question, over the standards that ated by very small towns. Many of sultation between the minority leader have been issued over the past several these very small systems do not have,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9486 CONGRESSIONAL RECORD — SENATE August 2, 1996 obviously, the technical or financial So, I believe we have here an excel- compromise. In praising it, I would like resources to consistently provide safe lent piece of legislation. Again, I con- to emphasize two points. drinking water. They cannot keep up gratulate my colleagues. First, as has been stated, this bill is with the testing and monitoring and The PRESIDING OFFICER. The especially important to rural States, to determining which contaminants are Chair advises the Senator from Rhode small communities. In my State of and which are not so dangerous over a Island his 8 minutes have expired. Montana, we have over 900 separate short period of time. The operators Mr. CHAFEE. I thank the Chair for drinking water systems. Almost all of have little or no training. notifying me. We will hear from other them serve fewer than 10,000 people. These small systems have been over- Members of our side who will have an Some of the systems serve trailer whelmed by the regulations imposed by opportunity to speak. parks and remote clusters of homes. the existing Safe Drinking Water Act, The PRESIDING OFFICER. The They are operated part-time by folks so the conference report that we are Chair recognizes the Senator from who are just trying to be good neigh- bringing before us now, and passing, Montana. bors. They are very small systems. hopefully, in a short time, addresses PRIVILEGE OF THE FLOOR The current version of the law re- the problems of these small systems. Mr. BAUCUS. Mr. President, I ask quires small drinking water systems to How? First, as I mentioned, a grant unanimous consent that Jan Har- install the same treatment technology program, a State revolving loan fund rington and Mike Burton, both fellows as large urban water systems that starting off at $725 million, that is for in Senator Bob KERREY’s office, be serve hundreds of thousands of people. 1 year, provides Federal assistance to granted the privilege of the floor dur- In some cases, this doesn’t make sense. build treatment plants, if that is what ing the consideration of the conference Small systems do not benefit from is required in these communities. This report on this subject. what economists call ‘‘economies of system was proposed in 1993 by Presi- The PRESIDING OFFICER. Without scale.’’ That is, they cannot spread dent Clinton. As I say, we authorize it objection, it is so ordered. their costs among a large number of for $1 billion, hopefully with an appro- Mr. BAUCUS. Mr. President, I, like ratepayers. The same high cost of tech- priation this year of $725 million. my good friend and chairman of the nology has to be spread among fewer That is the first big thing. The sec- committee, Senator CHAFEE, strongly ratepayers, resulting in a much higher ond is that each State adopts what support the Safe Drinking Water Act cost to the ratepayers. they call a capacity development strat- Amendments of 1996. If we force smaller systems to use egy, to help these small systems. A We all know that the Safe Drinking big-city technology, not only can they State strategy might include what the Water Act needs to be reformed. We not afford the cost, but they will go State decides when they ask, what can have heard all kinds of stories. They under. What will that mean? That we do to help each of these small com- are largely true. We have had problems means people in the area have to revert munities? It is not always necessarily in many of our cities, our large cities. to using unhealthy well water, not money for investment. Sometimes it is money for training the operators in We heard about Milwaukee, Wash- water which is treated, but well water these small communities, or technical ington, DC, and the cryptosporidium which is untreated. assistance on how do you develop a new problems, as well as some problems in This point was hammered home to safer water supply. It may be the small communities. me by the head of the Montana Rural ground water in the present area is It is basic, it is fundamental: Ameri- Water Association, Dan Keil. I will contaminated but there may be other cans should be able to drink their never forget meeting with Dan about 6 sources, deep wells or whatever it water and rest assured that the water years ago. He told me about legitimate might be, that could produce new and they drink is safe, that they will not problems with the Safe Drinking Water safer water. So we are relying on the get sick, whether they are in the com- Act. We were in the Heritage Motel in States to take the lead in designing fort of their own home or whether they Great Falls, MT. He made a very deep this capacity enhancement strategy. are visiting the Nation’s Capital or impression upon me. What are some of the other things wherever they might be in our country. I know Dan Keil is very happy today, that can be done under this bill? The The current version of the Safe now that the Senate is finally, 6 or 7 States are authorized to grant Drinking Water Act, is helpful in this years later, dealing with the problem variances to small systems that cannot direction, but, in many respects, it pro- that needed to be addressed. At that comply with the stiff requirements you duces more paperwork than it does time, he explained to me how imprac- impose on the big cities where they can progress. It is my belief that this con- tical some of the present requirements afford it. A portion of the SRF funds ference report helps change that. are. I looked into it, and I agreed with may be set aside for technical assist- What does it do? First, it reforms the him, they are impractical. ance, as I mentioned before, the cost of regulatory process. This is very impor- We are now dealing, I think, with training operators. And the States may tant. It makes it much more stream- most of those problems. One of the reduce the monitoring requirements. lined, and reduces redtape. It cuts mon- most important issues is the variance There is no point in testing constantly itoring costs. This is extremely impor- provision in this conference report. for a substance that never occurs in a tant. The monitoring costs for some Here is how it works. certain section of the country. Why contaminants are extremely high, and If a system has 10,000 people or fewer, make the small systems constantly go Americans would be amazed at how ex- they may request a variance to install through that monitoring for a con- pensive it is. special small-system technology iden- taminant that is not found in that sec- The bill also creates a new revolving tified by EPA. That is important. That tion of the nation, as I mentioned be- loan fund so communities will have the means that a small system that cannot fore? resources to get the technology they afford to comply with current regula- When we brought this bill before the need. It also requires water systems to tions through conventional treatment Senate it passed 99 to nothing. The give the people they serve more infor- can instead comply by installing af- House, in many provisions, included mation about the quality of the drink- fordable small-system technology. our language word for word, for exam- ing water the system provides. Con- The States review the variance to en- ple, in the standard setting. The stand- sumers will have more notice and more sure the technology adequately pro- ard setting is based upon science and information. And the bill addresses op- tects the public health. In those cases technology that I believe makes much erator training. It is important to have where the system serves between 3,300 more sense than the existing situation. operators who know what they are people and 10,000 people, the variance For some contaminants, this approach doing. must be approved by the EPA. That is to standard setting can impose large Overall, it cuts redtape and, at the going to help. It is going to help ad- costs nationwide while producing only same time, increases the protection of dress the twin objectives of protecting small gains. So we believe the science public health. public health and using cost-efficient approach that we provided will reduce Senator CHAFEE has described some technology. those large investments that have to measures in detail. I agree with his as- Second, over the last few years, there be made. sessment. I think this bill is a solid has been a lot of talk about reforming

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9487 our environmental laws. No doubt CHAFEE has done a good job to help ad- Just over 9 months ago, in a unani- about it, although our laws are quite vance this legislation. mous, bipartisan vote of 99 to 0, we good—they help make the water in our I also want to acknowledge the excel- passed the bill that I introduced along country cleaner and more pure and the lent work of the staff, particularly with Senators CHAFEE, BAUCUS, and air we breathe more healthy—they Jimmie Powell. I don’t know anybody REID to reauthorize the Safe Drinking need some reform. They are a bit out- who knows this issue better than Water Act. dated. Jimmie, with the possible exception of I will say right here that without One noteworthy provision in this bill my two staff, Jo-Ellen Darcy and Mike that sort of partnership with those is transferability. What does that Evans, who know it just as well. They Senators, we would not be here today. mean? Essentially, the provision allows have been just terrific. Our bill improved public health, gave a State to transfer dollars from the re- I am particularly appreciative of Jo- States and local governments the flexi- volving loan fund in the Clean Water Ellen. When they were trying to wrap bility that they need to target their Act to the new revolving loan fund in this bill up 2 or 3 days ago and they scarce resources on on high priority the Safe Drinking Water Act. A State wanted to quit, Jo-Ellen said they were health risks, and laid the foundation can loan the funds to a community not going to leave until they wrapped for a safe and affordable drinking water that can use those dollars to pay for it up that night. They didn’t leave, and supply into the 21st century. technology that it needs to address they wrapped it up. That is a testa- Following the efforts of the Senate, some of the problems in the drinking ment to Jo-Ellen’s hard work. the House of Representatives last water. I pay particular thanks to Senator month passed their safe drinking water A State can do the opposite, too. KEMPTHORNE, chairman of the sub- bill, passed largely on the work that They can transfer from the Safe Drink- committee. Senator KEMPTHORNE, like was accomplished here in the U.S. Sen- ing Water Act loan fund to the Clean Senator CHAFEE, is a commonsense fel- ate. Water Act loan fund. This provides low. Maybe that is because he is from Today we have the opportunity to more flexibility to allow a State to a Western State like Montana. Also, complete the process and approve the meet its needs, or a community to Senator REID from Nevada. He is not conference report on the Safe Drinking meet its needs. Washington, DC, is not out there to try to harm anybody, does Water Act Amendments of 1996. Our job passing something on to the States not have a political ax to grind. He is today is a significant one because, that has been described in the past as trying to get the job done in a very bal- surely, there is nothing more impor- a one size fits all, view, but rather giv- anced way. tant than the health of our families ing a lot more flexibility to States. I see Senator BOXER on the floor. and friends, and in large measure, that This is extremely important. There is nobody more tenacious and is exactly what is riding on this legis- Another innovative provision is hard working and a greater champion lation. When you think about it, drink- radon. Radon has been a vexing prob- for environmental causes. And in the ing water is really the only product or lem because, the proposed radon stand- case, she was particularly strong on service that communities provide that ard for water is tighter than the the right-to-know provision, which was directly affects the health and well- amount of radon that occurs in outdoor her brainchild. I know that Senator being of every person every day. Unfor- air. BOXER is very pleased we included that tunately, the current law often makes Radon affects people in their homes. provision in the conference report. it unnecessarily difficult and costly for We have basically come up with a People worked hard on this. I am many communities to provide safe and multimedia. It allows States to set a very grateful for the time and effort affordable drinking water. lower standard for radon in drinking they put into it. I yield the floor. During the negotiations on the Un- water only if the State has an alter- Mr. CHAFEE addressed the Chair. funded Mandates Act, I met with exec- native indoor air program that The PRESIDING OFFICER. The utive committee members of the Na- achieves just as much public health Chair recognizes the Senator from tional Governors’ Association to dis- protection as the drinking water stand- Rhode Island. cuss our strategy for passage of that ard would achieve. Mr. CHAFEE. Mr. President, I want In conclusion, Mr. President, no leg- to thank the distinguished Senator bill. Those Governors told me that islation is perfect. This one is not per- from Montana for his very generous after passage of the unfunded mandates fect. It contains some flaws. It has a comments about the work I have done legislation, their priority would then series of special projects, commonly and others and our staff. And I want to turn to fixing the current Safe Drink- known as pork, which will draw re- join him in his salute to Jo-Ellen ing Water Act. And so we moved and sources away from the new drinking Darcy and Mike Evans and the others made that our No. 1 priority after pas- water loan fund. I think those projects on his staff who really were tremen- sage of the Unfunded Mandates Act. should not be in the bill, but we could dous. I began the process determining that not get the bill passed, incredibly, I now yield 10 minutes to the distin- we should have three goals. We needed without some of them. guished chairman of the subcommittee, to write a law that first and foremost But it is a good bill nevertheless. We the person who took this on, mastered would protect and improve public have made some progress. It is going to it, pushed it forward. And the bill we health, and second, we wanted to write help move the ball forward. have before us is really, to a great ex- a law that would work, one that would In closing, I want to acknowledge the tent, the bill that Senator KEMPTHORNE put substance and content over bu- leadership of the chairman of the com- brought from his committee that reaucracy for bureaucracy’s sake, and, mittee, Senator CHAFEE. I must say passed in this Senate 99 to 0. So if finally, we needed to write a law that that all of us who have worked with kudos are deserved around here, they would reduce Federal unfunded man- the chairman of our committee are are deserved by Senator KEMPTHORNE. dates. very impressed with him. He is basi- The PRESIDING OFFICER. The The bill that we are voting on today cally a down-to-Earth, commonsense Chair recognizes the Senator from achieves those three goals. It was writ- fellow. He calls them as he sees them. Idaho. ten with the advice of many public He is very generous with his time, very Mr. KEMPTHORNE. Thank you very health experts, State and local govern- generous with his compliments and much. ment officials, and water providers. very generous with the people he is May I say how much I appreciate And I listened to what they had to say. working with. In addition, he keeps his those remarks by the chairman of the So this bill reflects their concerns and eye on the ball; that is, moving the en- Environment and Public Works Com- their recommendations as to how to vironmental ball forward in a common- mittee, Senator CHAFEE. improve the way the drinking water is sense way. To paraphrase Samuel Taylor Cole- regulated. It has been kind of tough the last ridge: Water, water, everywhere, and When I began working on this legisla- couple of years. We have not passed en- with the passage of this Safe Drinking tion, I determined that there were key vironmental legislation that is solid, Water Act conference report, we’ll be factors that must be incorporated. commonsense and balanced. Senator able to drink every drop. First, we must protect public health.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9488 CONGRESSIONAL RECORD — SENATE August 2, 1996 And we did. We eliminated the arbi- alone could save systems hundreds of children Heather and Jeff who know trary requirement that the Adminis- thousands of dollars every year. about the sacrifice that goes into these trator of EPA regulate 25 new contami- I said that we would reduce unfunded sorts of efforts: The long hours that nants every 3 years. Instead, the ad- mandates. And we did. keep you from being home, as you try ministrator is given the authority and First of all, our bill reduces the num- to make something positive happen. It flexibility to target her regulatory re- ber of mandates that are imposed on is the families that I think really offer sources on those contaminants that are States and local governments under the sacrifice. But in this case I believe actually present in drinking water and the current law. Then, significantly, it is worth it, because for all the kids that, based on the best available, peer we commit substantial Federal re- of this country, it is safer drinking reviewed science, are found to pose a sources to assure that the Nation’s water. We have done our job. We real health risk to humans. drinking water supply is safe. stepped up to the challenge and we ac- For the first time, we provided tens The Congressional Budget Office has complished it. of millions of dollars for important reviewed our bill as is now required health effects research, including re- under the Unfunded Mandates Act, and Again, I thank the chairman and the search on the health effects on just yesterday confirmed that this leg- ranking member. I thank all Members cryptosporidium, arsenic, and dis- islation does not impose unfunded of this Senate—99 to 0—for the tremen- infectants, and their potential effect on mandates. It stated, ‘‘the bill would dous bipartisan support. This Congress other sensitive subpopulations, like change the Federal drinking water pro- is on record. We have positive environ- children, pregnant women, and the el- gram in ways that would lower the mental legislation that is good public derly. costs to public water systems of com- health and good for this blessed envi- I said we would give States and local plying with existing and future re- ronment. governments greater flexibility to tai- quirements. On balance, CBO estimates Mr. CHAFEE. Mr. President, I yield lor Federal requirements to maximize that the bill would likely result in sig- now several minutes to the Senator their resources and meet their specific nificant net savings to State and local from Virginia who is the second rank- needs. And we did. governments.’’ ing member on the committee. He has The bill also gives States the sole au- Mr. President, in summary, I just worked very hard on this bill, and he is thority to design and implement capac- say, for the first time ever, we are pro- unable to be here long, so I ask that he ity development strategies to ensure viding the funds to the States and com- might proceed. that drinking water systems have the munities so that they can deal effec- financial, technical and managerial re- tively with their water systems. For Mr. WARNER. I compliment the sources they need to comply with this the first time ever, we are providing for managers of this bill and the chairman law. Under the old regulatory ap- source water protection. For the first of the subcommittee. Through their ef- proach, we would have required States time ever, we are prioritizing those fective leadership in guiding this con- to adopt a strategy and submit it to areas that truly are contaminants, and ference, we are able to return to the EPA for review and approval. But we going after those. Senate an exemplary bill. I was happy do not do that here. Once a State But I particularly want to thank my to be a part of the conference. adopts a capacity development strat- colleagues, Senator CHAFEE, who is the I am particularly pleased that this egy, EPA has no authority under this chairman of the Environment and Pub- bill favorably addresses the needs of law to second-guess it or penalize the lic Works Committee, for his leader- small systems and establishes a new State by withholding Federal funds. ship and efforts on this bill, combined pollution prevention approach under The bill also recognizes that in many with those of Senator MAX BAUCUS of the source water partnership program. cases it is easier and more cost-effec- Montana, who was the chairman in the Mr. President, this conference report tive to prevent contaminants from get- previous Congress, and Senator HARRY clearly demonstrates that we can ting into source water for a drinking REID, who is the ranking member on produce legislation that strengthens water system, rather than to try to re- the Senate subcommittee we serve on. our protection of public health, pro- move them by regulation after they are Again, without that sort of partner- vides relief from excessive Federal reg- in the system. This bill encourages ship, bipartisan partnership, we would ulations and offers more streamlined States to develop source water protec- not be here. I also want to acknowledge requirements for local drinking water tion partnerships between community Senator BOB KERREY who is one of first systems to comply with the law. water systems and upstream stake- ones that really came forward and said, holders to anticipate and solve source let us make this work. And it did work. Our foremost priority has always water problems before they occur. I also want to thank majority leader been to give consumers confidence that These are voluntary, incentive-based TRENT LOTT for the help and encour- the water that comes from the tap is partnerships. agement he provided during the con- safe to drink. This bill fulfills that pri- Our experience in my home State of ference to help get this bill completed. ority. Idaho has repeatedly demonstrated I would like to thank my staff for The cornerstone of this bill is the es- these kinds of programs work, and their hard work and dedication to the tablishment of the State Revolving work well. Locally driven solutions cause. To Buzz Fawcett and to Ann Loan program. Funds will be provided that stakeholders themselves develop Klee. They are truly dedicated and ex- to States to make either loans or in a nonregulatory, nonadversarial set- tremely talented individuals. I want to grants to assist communities with the ting usually achieve a far greater level thank Jimmie Powell from Senator construction of treatment facilities of protection than could otherwise be CHAFEE’s staff. Jimmie’s dedication to necessary to meet the Federal stand- gained through mandatory restrictions the Safe Drinking Water Act and his ards. These funds are critically needed on land use or other Federal regula- knowledge of the law and the facts by our small systems who often don’t tions. I fully expect that these vol- made him invaluable to the process. have a large rate base to support the untary source water partnership pro- Every State, city, and rural water dis- construction of new treatment plants. grams will quickly become a valuable trict in America can say thank you. tool for States and local government to I would like to thank Jo-Ellen Darcy Also during our conference discus- improve public health, target local and Mike Evans and Ann Loomis and sions, much attention was focused on risks, and maximize resources. Scott Slesinger, Mike Smith, Gregory the need to require local drinking I said that we would make this law Daines, and Stephanie Daigle, Steve water systems to provide all of their work for small and rural systems. And Shimberg, and Tom Sliter. customers with Consumer Confidence we did. The Senate conferees remained Reports. These reports are to inform We allow States to modify expensive united throughout the conference. And customers of the content of their monitoring requirements for small sys- it was due to the uncommon abilities drinking water. It needs to be made tems so that they do not have to spend and the good humor of all the people clear that the Senate bill mandated their very limited resources testing for that I have just named that it was suc- that water systems immediately no- contaminants that are not detected in cessful. tify, within 24 hours, their customers their drinking water. In many commu- Finally, I would like to thank, on a whenever a contaminant exceeds a Fed- nities in Idaho, this new flexibility personal note, my wife Patricia and my eral health based standard. This is a

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9489 significant improvement from current contains the Senate provision. With a necessary improvements. This would be law. modest investment of funds, source tragic for our rate payers who would I did have concerns about proposals water partnerships will prevent prob- suffer from extreme rate spikes to fi- during the Senate debate to expand lems before they occur. The positive re- nance the remaining work on the Aque- this requirement on our drinking water sult will be that water quality is im- duct. systems. I did not want this reporting proved and communities are relieved Mr. President, I know that my col- to unduly alarm our citizens about the from building expensive treatment sys- leagues expect this matter to be re- presence of contaminants in drinking tems. solved within the next few years and I water. The conference report includes a A great deal of work went into the pledge to remain actively involved in provision on Consumer Confidence Re- development of this approach and I this effort to see that there is a suc- ports, which I strongly support because must commend the agricultural com- cessful conclusion. it addresses my previous concerns in munity for their cooperative working In closing, no legislation of this mag- several ways. Most importantly, it re- relationship over the years. Our citi- nitude and in this short time frame can quires the reports to include a plainly zens involved in agriculture today are be completed without talented and worded explanation of the contami- responsible stewards of our land and dedicated professionals. I want to rec- nants that are found and of the health water. They want to be involved in a ognize and thank the staff of the Envi- risks that may result from violating voluntary, solution based approach to ronment and Public Works Committee, the Federal standard. these problems. I know from the great Jimmie Powell, Jo-Ellen Darcy, and It is important to make the distinc- progress we have made under the Mike Evans, and the staff for Senator tion that detecting a chemical in Chesapeake Bay program that this ap- KEMPTHORNE, Ann Klee and W.H. drinking water, many which occur nat- proach can be extremely effective on a Fawcett. urally at very low levels, is much dif- national level. Mr. CHAFEE. Madam President, I ferent than violating a Federal stand- Another issue of great concern to me take this moment to pay particular ard. Federal standards are set at expo- has been the water quality problems of tribute to the Senator from Virginia sure levels which EPA determines are the Washington Aqueduct and the Dis- for the work he did in connection with safe and will not adversely affect pub- trict of Columbia’s water distribution providing funding for the city of Wash- lic health. The modification in the con- system. ington aqueduct. It supplies, obviously, ference report ensures that the public Since the Environmental Protection all the residents of Washington plus will be fully informed about the mean- Agency’s boil-water order in December some residents of northern Virginia. ing of data and sampling collected by a 1993, I have been working to resolve the But for the attention and diligence of local water system. long-term financial constraints of the the Senator from Virginia in connec- The conference report also ensures system. Owned by the Federal Govern- tion with this matter, we would not that the local water systems have the ment, the Washington Aqueduct pro- have dealt with it in the fashion we trained personnel necessary to effec- vides essentially a local service—mu- did. tively run a treatment plant. Virginia nicipal water supply—to the District of I believe, as a result of the efforts of already requires an effective operator Columbia and the Virginia jurisdic- Senator WARNER, the problems of the certification program and the report tions of Arlington and Falls Church. Washington water supply system will requires all States to implement a Currently, the system’s capital im- be solved in the not too distant future. training program for water system op- provements are financed on a pay-as- I pay tribute to what the Senator has erators. I support fully this provision you-go basis where the customers must done. because with relief from the current pay up front the full cost of any con- Mr. WARNER. I thank the distin- monitoring requirements, we must be struction project. guished chairman for his kind remarks sure that treatment plants are oper- While user fees are collected for the and also his strong cooperation, to- ated in a sound an efficient manner and District of Columbia’s Water and Sewer gether with the ranking member, in that personnel have the expertise to re- Enterprise Fund, these resources fi- making possible the inclusion of this spond to unforeseen problems. nance the system’s annual operating provision in this important piece of Throughout the committee’s delib- costs and cannot begin to meet the ob- legislation. erations on revising the Safe Drinking ligations of the system’s extensive cap- The PRESIDING OFFICER. The Water Act, over the past 4 years, we ital improvement needs. Chair recognizes the Senator from have learned that small systems are es- The Conference Report provides for a Montana. pecially burdened by the current regu- reasonable approach to this problem by Mr. BAUCUS. I yield 9 minutes to the latory program. Small systems, those providing authority for the Corps to Senator from New Jersey. serving less than 10,000 persons, rep- borrow funds from the Treasury for the I know no one who fights harder for resent over 80 percent of the public next three years. These funds will be the environment, who is more tena- water systems in this country. Moni- used to continue the improvements of cious with a greater bulldog tenacity toring requirements, often the most ex- the system as required by the Environ- than the Senator from New Jersey. pensive activity undertaken by water mental Protection Agency. Within this That is meant as very high praise systems, installation of treatment 3 year period, the Corps and the cus- from me. technologies, and funding constraints tomers are to work together to deter- Mr. LAUTENBERG. Being a bulldog have all overburdened our small sys- mine a final resolution of the owner- is not necessarily the kind of pet you tems and their capacity to meet the ship of the Aqueduct. The Corps is au- want around the house, but it is not stringent requirements of the current thorized to transfer the Aqueduct to a bad when it comes to a battle. law. new or existing entity with the ap- Mr. President, I rise to express my The Congress has responded to these proval of a majority of the customers. satisfaction with the conference report calls for help and this bill holds great I would have preferred that all the cus- and hope that our colleagues will sup- promise for assisting small systems. tomers agree to the transfer, but that port it. The final bill will enhance both The revolving loan fund, alternative was not the view of my House col- the quality of our drinking water and technologies that are affordable, moni- leagues. It is my very strong hope that America’s confidence in its safety. toring relief and ensuring that opera- the Corps and the customers will make Americans are concerned about the tors are qualified to run treatment every effort to reach consensus on this quality of their drinking water. The plans will greatly enable our small matter before the borrowing period ex- sale of bottled water and water filters water systems to deliver drinking pires. is skyrocketing. Fewer people believe water that is safe for our citizens. It is critical that we resolve this that the water out of their taps is Mr. President, the Source Water Pro- matter because if no solution is clean and safe. Their fears are not illu- tection Partnership Program is a new reached at the end of 3 years then we sionary. Look at Milwaukee or Phila- step in pollution prevention. Having return to the status quo. That is con- delphia. Washington, the Nation’s Cap- worked on this approach for several tinued Corps ownership with no ability ital has repeatedly had to tell residents years, I am pleased that the conference to provide long-term financing of the to boil their water.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9490 CONGRESSIONAL RECORD — SENATE August 2, 1996 Something had to be done. I believe quire the bottled water industry to utes. I want to say the Senator comes the bill we crafted will enhance both provide the same information which we from a State with lots of small commu- quality and confidence. are requiring of suppliers of tap water nities with small waterworks and he This was not an easy conference, as I to communities of 500 or above. After has been particularly vigilant in seeing am sure my colleagues will agree. Both all, if that provision is not too burden- that those small communities were bills resulted, from a set of delicate some for public water providers, it can- protected not only in safety but also in compromises, the House bill and the not be too burdensome for the bottled the training of their operators who Senate bill. Any changes could raise water industry. paid a lot of the attention to the re- significant opposition. I am happy the However, if the FDA does not appre- quirements of small communities. Sen- conferees were able to hammer out a ciate the importance of providing this ator THOMAS. draft which I believe is superior to ei- information to the public, I will not Mr. THOMAS. I rise in strong support ther of the individual versions of the hesitate to bring up legislation to of the Safe Drinking Water Act Amend- Senate or the House. bring bottled water under the author- ments of 1996. We all travel through I will elaborate on a few of the provi- ity of the Safe Drinking Water Act. our States extensively, and the topic of sions. Unlike the Senate bill, the House I also urge consumer groups to con- unnecessary regulation in the environ- version would have weakened the duct tests on some bottled water sold mental areas comes up as often as any rights of citizens to sue for violations in their areas and to prepare consumer other topic when I hold meetings in of the water standard, even when the confidence reports for the general pub- Wyoming. Wyoming folks are tired of suits were needed to ensure public safe- lic. This, at least, will educate con- the top-down approach mandating ex- ty. The House bill also failed to give sumers until proper provisions and pensive regulations for questionable States the flexibility to transfer money safeguards are in place. benefits. from the sewage treatment loan revolv- In addition to water quality, the con- This bill says we can do a better job ing fund to the drinking water fund troversial part of the legislation dealt of protecting public health, and at the and vice versa. This could delay high with radon. I am pleased the con- same time, inject common sense into priority projects and would prove to be ference came out with a provision that the process. This bill helps State and wasteful. I am glad the Senate version will help lower the risk from radon ex- local communities meet Federal stand- prevailed on that issue, protecting the posure to a greater degree than either ards by creating a Federal grant pro- rights of the citizens and giving flexi- the House or the Senate bill would gram to capitalize State revolving loan bility to the States. have. Mr. President, radon is a natu- funds for drinking water treatment. At the same time, there is much in rally occurring radioactive contami- The mandate that 25 new contami- the House bill that is, in my view, su- nant that causes lung cancer by inhala- nants are regulated every 3 years, perior to the Senate version. For exam- tion. whether at risk of human health or not ple, I fully support the Boxer right-to- In New Jersey, radon exposure is be- is repealed. Finally, EPA will be able know amendment. As the author of a lieved to cause more lung cancer, more to prioritize efforts and cost benefits similar law that provides information than any other environmental cause. are inserted into the process. The State about toxic releases, I think this kind That is why I sponsored the Indoor role is increased. Systems will be able of legislation is critical. Unfortu- Radon Abatement Act in 1988. The con- to focus their monitoring efforts on nately, the amendment was not ap- ference report builds on that act by al- those contaminants that actually proved by the Senate, but the con- lowing States to implement programs occur in the systems. ference agreement includes provisions that will decrease radon in the air, as Most importantly for my State, for a right-to-know law. an alternative to meeting the standard small communities will finally be Mr. President, letting people know for radon in drinking water. A State given special consideration and assist- what is in their water supply is not can choose this option only if the pro- ance under the bill. States can grant just common sense, it is common de- posed indoor air program provides variances for systems that serve people cency. The right-to-know provision greater public health benefits in com- under 3,300. That is 90 percent of the provides consumers with information plying with the drinking water stand- water systems in Wyoming. With EPA on contaminants that have been de- ard. Since radon is dangerous only approval that number goes up to 10,000. tected in their water, even if the levels when inhaled, this measure would sig- Small systems qualify for monitoring do not violate EPA or State standards. nificantly enhance efforts to reduce relief. Since all water includes some contami- this deadly contaminant. There are a few groups that will, nants, the conference language also Last, Mr. President, I want to express once again, find an excuse to oppose provides for information on the specific my appreciation to the chairman of the this legislation, just as they did when impact of those contaminants. Environment and Public Works Com- it passed the Senate 99 to 0. I agree I am disappointed, however, that mittee, Senator CHAFEE, the chairman with them, this bill is not perfect. For these provisions fail to provide similar of the Drinking Water, Fisheries and instance, I am skeptical of the so- requirements for bottled water. Many Wildlife Subcommittee, Senator KEMP- called consumer confidence report. consumers buy bottled water because THORNE, the ranking Democrat, Sen- These reports will not build confidence, they think it is cleaner than tap water. ator BAUCUS, in the committee and in my judgment. They will simply cre- They have a right to know if that is Senator REID in the subcommittee. I ate confusion. They will simply create true, and which pollutants, if any, re- also want to express my thanks to the confusion. I call them consumer confu- main in the bottles. staff for their hard work, Jimmy Pow- sion reports, at a cost of about $20 mil- Several years ago, Mr. President, the ell, Jo-Ellen Darcy, Michael Evans lion per year. CBO says that, on bal- FDA published regulations to require from the Committee on Environment ance, this bill will save local water sys- the bottled water industry to regularly and Public Works, and W.H. Fawcett, tems in State and local governments monitor its products for contaminants. representing Senator KEMPTHORNE. millions of dollars. That is good news The industry fought these provisions In particular, I congratulate my staff to the taxpayers. and the FDA relented. That concerned person, Scott Slesinger, for his hard This bill includes several provisions me. A study by the State of Kansas and diligent work. He made it possible to ensure that Wyoming, the only non- showed 15 percent of the bottled water for me to stay totally informed as to primacy State, can take full advantage tested had cancer-causing contami- what was going on and to make sure of the benefits of this bill. It makes nants at higher levels than allowed by that our views were included in any of sense, it furthers the protection of EPA. the comments that we finally sought. human health and enjoys widespread I am disappointed the conference re- Without his time and effort, this would bipartisan support. S. 1316 is a bill the port was watered down in this area. At have been a much more difficult as- President can support, he should sup- least it does provide for a Federal Food signment for me. I am happy we have port it without reservation, and we and Drug Administration study on the the bill we have. should get it on his desk quickly. feasibility of such a requirement. I ex- Mr. CHAFEE. I yield the distin- Mr. President, this is truly historic pect the FDA will find it feasible to re- guished Senator from Wyoming 4 min- legislation and I was pleased to have

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9491 the opportunity to play a part in its year to pay the cost of mandated oper- will cost local water systems from $15 development as a member of the Sen- ator training for small systems. Fi- to $20 million per year and will not re- ate Committee on Environment and nally, this bill creates a grant program sult in consumer confidence, but in- Public Works as well as the conference for at least five university programs to stead will confuse consumers and de- committee that crafted the com- support research, training and tech- stroy their confidence in their local promise legislation before us today. nical assistance with respect to prob- water supply. Fortunately, the Senate This legislation is historic for both lems experienced by small systems. was able to make clear that these re- what it does, and what it does not do. These small public water systems tech- ports should contain language that will What this bill does is trust folks in the nology assistance centers will provide tell consumers that the presence of states and local communities to pro- significant assistance to State and trace elements of contaminants are in tect their citizens, increases flexibility local governments in the development all drinking water, including bottled to meet standards, injects common of programs to address special concerns water, and this does not create a sense into the regulatory process, al- relating to the water systems of rural health hazard. We were also able to in- lows the Environmental Protection communities and native Americans. crease flexibility for small systems to Agency to set priorities and focus lim- These centers will be particularly im- meet this mandate. ited resources on the biggest health portant to states, like Wyoming, with Despite some reservations, I strongly threats, and finally recognizes that relatively low population density that support this bill. We create a State re- small communities in Wyoming face cover very large geographic areas. Co- volving loan fund for drinking water unique challenges and need different ordination of research, training, tech- infrastructure under this bill, to help strategies to meet standards than New nical assistance and outreach efforts local communities pay for needed im- York City does. What this bill does not through these centers will play an im- provements to their water supply. We do is impose expensive unfunded man- portant information role for State and increase flexibility and reduce costs to dates on localities, rely on the Wash- local governments. It should be noted, local communities. The Congressional ington knows best command and con- Mr. President, that the Water Resource Budget Office says this bill will: trol method of regulation or blindly Research Institutes located at the land * * * change the federal drinking water force regulation for regulation sake grant university in each of the 50 program in ways that would lower the costs without addressing the costs and bene- States, the District of Columbia, the to public water systems of complying with fits. This is a massive shift in the way Virgin Islands, Puerto Rico, and Guam, existing and future requirements. On bal- we approach environmental regulation can provide similar information on ance, CBO estimates that the bill would like- ly result in significant net savings to state that allows us to increase environ- rural water system treatment tech- and local governments. Finally, the bill mental protection while reducing un- nologies, development of alternate sup- would extend the authorization of certain ex- necessary costs to the regulated com- plies, and training to enable compli- isting appropriations and would authorize munity, and I hope it becomes a model ance with State and Federal regula- the appropriation of additional federal funds for other statutes that desperately tions. I hope the Environmental Pro- to help state and local governments meet need reform. tection Agency will better utilize these compliance costs. I am particularly pleased with the institutes as part of its drinking water Finally, this bill recognizes the approach this bill takes in helping programs. unique situation of the State of Wyo- small public water systems comply In addition to the very important ac- ming. Mr. President, Wyoming is the with the standards set by the Safe commodations made for small systems only State which does not have pri- Drinking Water Act. As you know, Mr. in this bill, important changes were macy over the Safe Drinking Water President, small communities face made throughout the drinking water Act. Chairman CHAFEE, Senator KEMP- unique challenges not found in large program. I am extremely pleased about THORNE, and Senator BAUCUS worked cities. These small systems, by their the increased flexibility that the legis- with me to ensure that the citizens of very nature, don’t have the economies lation brings to the standard setting Wyoming would be able to take full ad- of scale found in large cities. Unfortu- process under the act. This legislation, vantage of the benefits of this legisla- nately, the Environmental Protection with its emphasis on using the best tion, despite the fact we don’t have pri- Agency has always set standards and available scientific methodology for macy. The State of Wyoming will re- determined affordable technologies standard setting, facilitates efforts to ceive a minimum allocation from the based on water systems of 100,000 or bring more rationality to the process. new loan fund and will be able to apply more. What may be affordable for a The EPA has already started down this for monitoring relief and variances. system of this size is obviously prohibi- road with its risk characterization pol- Most importantly to me, the State of tive in Pinedale, WY. There are several icy and its carcinogen risk assessment Wyoming will be able to continue their provisions in this conference report guidelines and I think our approach in current operator training and certifi- that will help small systems affordably this legislation will build on that ef- cation program. We are very proud of comply with the standards of the Safe fort, hopefully leading to the reevalua- that program, Mr. President, and it is Drinking Water Act and continue to tion of the standards for a number of fitting that States continue to be al- protect the health of their citizens. substances. I am also pleased that lowed to structure their own programs The vast majority of public water States retain ultimate discretion in and not be forced to follow an EPA-di- systems serve small cities. In my home this bill over the content of programs rected structure, as the House bill State of Wyoming, 90 percent of our that implement a capacity develop- would have required. public water systems serve fewer than ment strategy, and that existing State Mr. President, many people deserve 3,300 people. This bill gives States the operator training programs will be al- credit for passage of this legislation. I authority to grant variances from Fed- lowed to continue unchanged under want to thank Senators CHAFEE, KEMP- eral standards for systems serving up this legislation. THORNE, BAUCUS, and REID for their to 3,300 people, and for systems serving Mr. President, as with any com- leadership. This bill would not have up to 10,000 people with the approval of promise, this bill is not perfect. This been possible without their hard work, the Environmental Protection Agency. bill truly is a compromise, reflecting and that of their staffs. Senator KEMP- Small systems are given flexibility to hours of negotiations between Repub- THORNE in particular took some unfair meet the new consumer confidence re- licans and Democrats here in the Sen- hits over the last few weeks. Well fi- porting requirements contained in this ate, then days of hard work and nego- nanced Washington-based environ- bill. Under this bill, small systems can tiations between the House and Senate. mental extremists attacked Senator receive relief from monitoring require- In order to move forward with this bill, KEMPTHORNE’s integrity and questioned ments that today require them to mon- and the significant benefits that go his resolve to get this bill done. Mr. itor for contaminants that don’t even with it, it became necessary to include President, these attacks were out- occur in their water. This bill author- some provisions that I oppose. For in- rageous, designed to prevent us from izes $15 million per year to provide stance, I strongly believe the provision passing this important legislation and technical assistance to small public in this bill that requires so-called con- to build the coffers of the environ- water systems and up to $30 million per sumer confidence reports is misguided, mental extremists. There is no excuse

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9492 CONGRESSIONAL RECORD — SENATE August 2, 1996 for this behavior and I want to make it The other part of this bill that gives could not be more blessed than to be clear that this bill will be signed into me great pride deals with the section able to work with Senators like you law thanks to Senator KEMPTHORNE on sensitive subpopulations. We at- and staffs like the staffs that you have. and despite the irresponsible behavior tached it to the safe drinking water I hope we can work together for many of a few groups who would rather scare bill in the last Congress and in this more years. the American people with distortions Congress. The language in this bill re- As a member of the Environment and than see positive reform to environ- quires that EPA drinking water stand- Public Works Committee I want to mental laws. That’s unfortunate, but ards be set at levels that take into ac- commend Senator CHAFEE, Senator we overcame their objections to the count the special vulnerability of our BAUCUS, Senator KEMPTHORNE, and Senate bill and approved it 99 to 0, and children, our infants, our pregnant Senator REID for their extraordinary we should do the same today. women, our elderly, the chronically ill, effort on this bill. Mr. BAUCUS. Mr. President, I yield 7 and other groups that are at substan- The safe drinking water bill we are minutes to the distinguished Senator tially higher risk than the average passing today, is a significant step for- from California. healthy adult. The truth of the matter ward in helping to ensure that one of The PRESIDING OFFICER. The Sen- is that vulnerable populations are the most fundamental needs of any so- ator recognizes the Senator from Cali- much weaker than a 165-pound man. ciety—safe drinking water—is avail- fornia. The way we have set the standard able to all Americans. Mrs. BOXER. Thank you, Mr. Presi- throughout history has been for that This bill will lead to the crafting of a dent. I add my voice in support of this very healthy, strong man. A little regulatory program to meet this goal bill. I want to thank, particularly, the child, or someone who is ill, or an el- at the lowest possible cost and with the chairman of the committee, Senator derly person may be negatively af- most flexibility feasible for the thou- CHAFEE, the ranking member, Senator fected by water that would not hurt a sands of local water supply systems. This bill makes very significant BAUCUS, and Senators KEMPTHORNE, healthy person. progress in the protection of public REID, and the other members of the Mr. President, this is an important committee, who worked so hard. And I milestone, in my opinion, because it health. It effectively addresses legiti- can say, on behalf of myself and my seems to me that we ought to do this mate concerns about overly burden- wonderful staff, Linda Delgado, that on every bill that impacts the health of some regulation and lack of funding. working with the staffs of the chair- our people. We should remember the And it establishes the critically impor- tant State revolving loan fund to help man and the ranking member has just children, the pregnant women, the frail States and municipalities comply with been a joy to us. elderly, the ill. They cannot afford to Of course, I have some very special Federal law. hire lobbyists to come into the Halls of Mr. President I want to highlight two feelings about passage of this bill Congress to knock on my door or your specific items included in this bill today, because an amendment that I door, Mr. President, and fight for their which I worked very hard to achieve. worked very hard to get through this health and safety. They simply cannot As a member of the Environment and U.S. Senate, the consumer right to do it. Little babies cannot do it. They Public Works Committee, I have for know amendment, has been adopted by count on us to protect them. In this years worked to protect children and the conference. The Senator from Wyo- bill, we are doing that. We are taking other sensitive subpopulations from ming didn’t think it was a particularly into account their special needs. contaminants in drinking water. I am good amendment, but I have to say So, today, I am very happy. In clos- therefore very pleased that this bill in- that when one looks at what we are ing, I want to mention two other issues cludes language that reflects the facing—I pick up this glass of water to that relate to this bill, one of which is amendment I successfully attached to drink what may be Washington, DC, particularly important because the the safe drinking water bill in the last water—and I think it is important that South Tahoe Public Utility District Congress, and worked to incorporate those of us who drink this water, or tap needs urgent help in replacing its into the bill this Congress. The lan- water from anywhere in this country, wastewater export pipeline system, guage in this bill requires that EPA know what contaminants are in our which protects and preserves the water drinking water standards be set at lev- drinking water. quality in that most magnificent of all els that take into account the special I am very proud of this particular bill lakes, Lake Tahoe. We were able, vulnerability of our children, our in- because, first of all, we won on the thanks to the chairman and the rank- fants, pregnant women, our elderly, the issue of consumer confidence reports. I ing member, to list this as a project chronically ill, and other groups that disagree with my friend from Wyo- that should be considered by the Ad- are at substantially higher risk than ming, because he thinks they will con- ministrator of EPA, should there be the average healthy adult. This is a fuse people. I think people are smarter sufficient funds. I hope, Mr. President, very important step forward. than that. I have always believed in that the EPA Administrator will recog- I am also pleased that this bill incor- giving people information. The way nize the beauty and the vulnerability porates a strong version of the con- this information is portrayed will be and the national gift that Lake Tahoe sumer confidence reports amendment clear and simple, and I think it will be is, and that we will be able to help that Senator DASCHLE and I offered easy to understand. If it is not, it can them fix their problem. during Senate consideration of the bill. be revised so that it is even easier. On the disappointment side, I don’t This is especially important in light of So I am extremely proud that we will have many. The chairman and the continued reports that many Ameri- require getting consumer confidence ranking member were very helpful in cans are worried about getting sick reports out to people, so they will getting authorization in this bill for from tap water contaminants. know what is in the water they ingest, the Southwest Center for Environ- The new consumer confidence reports the water that is their lifeline. It mental Research and Policy, which is a requirement means that consumers seems to me a very important thing. consortium of universities in Mexico, will once a year get a report from the I have to say that the conference and California, Arizona, New Mexico, and water company serving their neighbor- the House deserve a lot of credit, but other States, which is going to look hood, about the source, the quality, we built on the 40 votes we got here in into the serious pollution problems we and the safety of their drinking water. the U.S. Senate. I want to say to all have at our border region with Mexico. The information provided in the re- my colleagues who supported the Boxer We had the authorization, but the port will be simple and straight- amendment, my deepest thanks, be- Science Committee in the House as- forward. cause had we only gotten a few votes, serted its jurisdiction and, unfortu- Consumers have a right to be in- we may not have gotten the agreement nately, removed this provision. I look formed at least once a year about the of our chair and our ranking member. forward to working with my colleagues levels of contaminants found in their Our chair and our ranking member in the House from the San Diego area drinking water. These consumer con- knew there was support for the con- to resolve this problem. fidence reports will empower con- cept. I think the difficulty arose in the To my chairman and my ranking sumers to take precautionary measures details of the amendment. member, let me say that a Senator to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9493 protect themselves and the most vul- ronmental problems in the border re- This is the first time for this. These nerable members of their family, such gion. Although SCERP is not specifi- funds will be allocated to the States on as a grandparent or a young child, for cally authorized, it has been funded an annual basis, which can then be example, by boiling water or installing through congressional appropriations loaned or granted to municipalities for special filters. for the last 5 years in fulfillment of the drinking water projects. There are two It is a pleasure Mr. President, to see Clean Air Act mandate. provisions of this program that I be- this conference report pass today. Mr. President, I yield the floor. lieve deserve special recognition: In closing I would like to briefly Mr. CHAFEE addressed the Chair. First, the States can use up to 30 per- mention two other issues: The PRESIDING OFFICER. The Sen- cent of the SRF to provide direct I am pleased that the South Tahoe ator from Rhode Island. grants to the most advantaged commu- Public Utility District waste water ex- Mr. CHAFEE. I thank the distin- nities. port system project was included on guished Senator from California for her And, second, States can transfer the list of special projects to be consid- very kind remarks. We express our ap- funds between this new drinking water ered by the Administrator of EPA if preciation to her. SRF and the existing wastewater treat- there are sufficient funds. Mr. President, I will yield soon 3 ment SRF. The South Tahoe Public Utility Dis- minutes to the Senator from New So these two provisions go a long trict needs urgent help in replacing its Hampshire, Senator SMITH. But before way in providing our States flexibility export pipeline system which protects doing so, I want to say that Senator and the communities the flexibility and preserves the water quality in SMITH has been deeply involved with they need to maximize their resources Lake Tahoe. The export pipeline trans- this Safe Drinking Water Act from the with the environmental concerns that ports reclaimed water from the waste- beginning. He worked very closely with are of the most immediate nature. water treatment plant in South Tahoe the authors of it and particularly was Also, the issue of radon is one that I out of the Lake Tahoe basin to a near- concerned about the small commu- have long been involved in, and there is by reservoir where the reclaimed water nities. There are two things he sought still considerable debate about the is stored and later used for irrigation for these small communities. One is amount of risk posed by low-level expo- and other purposes. that they have safe drinking water sure to radon. But according to the The existing pipeline is reaching the and, two, that they have it at an af- American Water Works Association, end of its useful life and must be re- fordable price. I pay tribute to the capital costs alone could reach $12 bil- placed quickly if we are to avoid the work Senator SMITH did in reflecting lion nationwide. And from a relative possibility of a catastrophic spill re- the views of his constituents in New risk standpoint, we should consider the sulting in serious environmental harm Hampshire. I give him sincere praise fact that radon in drinking water con- to Lake Tahoe. Several serious leaks for his assistance. tributes less than 5 percent to the total have already occurred over the last 2 I yield to Senator SMITH. amount of radon exposure. years, and the risk of a rupture in- The PRESIDING OFFICER. The Sen- So given these statistics, I believe we creases the longer if takes to complete ator from New Hampshire is recog- chose a responsible course in address- the replacement project. nized. ing the radon issue. The bill directs The local community has raised $10 Mr. SMITH. Mr. President, I thank EPA to set a new standard based on million towards replacement of the the chairman, Senator CHAFEE, for his risk assessment conducted by the Na- pipeline, but a total of $30 million will very kind remarks. It has been a pleas- tional Academy of Sciences and also be needed. The local community is al- ure to work with Chairman CHAFEE on would allow for an alternative, less ready paying sewer rates substantially not only this issue, but Superfund and stringent standard equivalent to out- higher than the average in California. other environmental issues throughout door air levels. Certainly no one would If the pipeline is to be replaced in a the last 2 years—actually, longer, but 2 want to have all the wells, or 90 per- timely manner, $10 million in Federal years under his chairmanship. cent of the wells, in particular States assistance is needed. While the local I also thank Senator BAUCUS for his ruled undrinkable because of standards community might be able to pay for good work on this. I compliment Sen- like that. It would just cause chaos. the pipeline replacement over the long ator KEMPTHORNE, who has done an This is a reasonable solution that will term by enduring high utility rates, it outstanding job in shepherding this both protect public health and save will not get the job done as quickly as legislation to this point. money. it could be done with Federal assist- Everyone wants clean, safe water for Finally, I thank the managers for ance. Such Federal assistance would drinking and bathing. But the ability also including the provision to estab- enable the South Tahoe Public Utility to provide this necessary commodity at lish five small-system technology cen- District to complete the project in a an affordable price has been a real ters across the country to develop and more expeditious manner, reducing the challenge in recent years. I think we test new technologies for the smallest chances of a large leak with serious en- have gotten to this point because of of systems. One of these centers, I vironmental consequences for the lake. the numerous problems encountered hope, may be established at the Univer- Last, I would like to mention my dis- with the 1986 act. Many local govern- sity of New Hampshire, which has an appointment that authorization for the ments and drinking water systems extensive background in this area and Southwest Center for Environmental around the country, some of which are will be a huge asset to the New Eng- Research and Policy [SCERP], which in New Hampshire as well as other land region. was included in the Senate-passed bill, States, have been struggling to comply So I am pleased today that we are at was not included in the final with this long list of regulations while the point that this bill will become conferenced bill. maintaining reasonable water rates. law, that the President of the United SCERP is a consortium of American The legislation before us will help to States has indicated he will sign it, and and Mexican universities that works to address this problem. that it has broad-based support, bipar- address environmental problems along The folks who live in these commu- tisan support, and support among hun- the United States-Mexican border in- nities do not want to drink dirty water, dreds of communities throughout the cluding but not limited to air quality, but they want to be able to do what United States. water quality, and hazardous mate- they have to do and have the reason- Also, I thank my staff assistant rials. SCERP’s members include San able opportunity to do it. Christine Russell for her hard work and Diego State university, New Mexico So when we talk about the issue of help on this issue throughout the year. State University, University of Utah, unfunded Federal mandates, the Safe With that I yield back any time I University of Texas-El Paso, and Ari- Drinking Water Act is regarded by have, Mr. President. zona State University. SCERP had its State and local governments as the Mr. GORTON. Mr. President, today origins in the Clean Air Act Amend- king of those unfunded mandates. So to the Senate will pass legislation to ments of 1990, which authorized the es- address it, the bill now authorizes $1 amend the Safe Drinking Water Act to tablishment of an entity to research billion a year in a Federal grant to es- give State and local communities the air and water quality and other envi- tablish State revolving loan funds. flexibility to ensure that consumers

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9494 CONGRESSIONAL RECORD — SENATE August 2, 1996 have safe drinking water, and send it has two water supply sources, the is to protect public health and safety. to the President for his signature. For Cedar River Watershed, and the Tolt Safe drinking water is the lifeblood of the past several years, I have worked River supply. Because of turbidity our society and the basic foundation of closely with communities in my State problems in the Tolt supply, the city is good health. This bill incorporates to support legislation that throws out in the process of implementing filtra- sound scientific principles and protects the one-size-fits-all approach and the tion technology on the Tolt. Con- public health and safety. The Safe costly mandates of the current law, versely, the Cedar River supply does Drinking Water Act keeps our promise and to replace it with greater flexi- not have turbidity problems—it con- to the American people. bility and a commonsense approach. sistently tests below average for tur- This bill provides flexibility to State Today all the hard work of these com- bidity—and the city is seeking an al- and local governments, enabling them munities paid off. ternative to filtration for the Cedar to better assist water utilities in com- Several years ago, I began working River supply. plying with Federal health and safety with communities across my State Currently the Cedar is an unfiltered standards. This is a win-win situation that were frustrated with the one-size- system, and therefore must comply because it provides utilities with the fits-all approach of current law. The with the surface water treatment rule. resources to meet safety standards current law tied the hands of the State The rule sets forward 11 specific cri- without putting them out of business. to work with local communities by teria, and calls for extensive moni- This legislation not only protects the mandating prohibitively expensive toring of the system, to ensure that the safety of our drinking water, it will treatment technologies on the smallest system continues to provide clean create jobs in construction. Modern- of water systems—the cost of which water to its customers. During 1992, the izing our infrastructure is one of the would have bankrupt some of our Cedar violated 1 of the 11 criteria, and, best investments we can make. This State’s smaller communities. In 1994, I consequently, was required to initiate bill helps burst the myth that environ- held a safe drinking water forum in filtration plans. Shortly thereafter the mental protection comes at the ex- Moses Lake, WA to hear first hand city entered into an agreement with pense of economic development. The reality is that good environmental pol- from local leaders how to fix the cur- the State and EPA region 10 to achieve icy is good business. rent law. Over 100 people turned out for compliance with the rule without fil- that hearing, and their message was Staying on the cutting edge of envi- tration. ronmental technology presents the clear—the current law was broken and Seattle has been working closely American economy with a large and in need of repair. Together with local with EPA region 10 and the Washington growing market here and around the government leaders I supported legisla- State health department for the past world. While the United States is al- tion in the 103d Congress that over- several years to find a way to treat the ready a leader in this burgeoning mar- whelmingly passed the Senate. Unfor- Cedar supply, without filtration. Fil- ket, we should seize the initiative to tunately, that legislation did not make tration would cost the city roughly it to the President’s desk for his signa- expand our leadership even further. $200 million, but the city believes that Marylanders have told me they want ture. the process of ozonation would better This year, however, was different. adequate resources devoted to making meet the city’s drinking water needs. drinking water safe and clean. I believe This year, the Senate overwhelmingly The Ozonation process would only cost passed S. 1316. Included in that legisla- this bill is the best way to move for- $68 million. Ozonation is a process that ward toward the safest, cleanest drink- tion, and in the conference report that is considerably less expensive than fil- the Senate will pass today are impor- ing water for Maryland and America. tration and is believed to be the next Mr. MOYNIHAN. I am pleased to join tant reforms to the law that this Sen- up and coming technology for ensuring with my colleagues in support of the ator believes will ultimately facilitate clean drinking water. Safe Drinking Water Act Amendments greater compliance with the law—with- The ozonation process is proven to be of 1996. This conference report rep- out the bureaucracy and redtape. The more effective than filtration in get- resents a thoughtful, bipartisan effort conference report addresses some of the ting rid of harmful pathogens in a which weds protection of public health most critical concerns raised by local water supply, like cryptosporidium and with the flexibility necessary for cost- governments in Washington State. The giardia. Filtration technology would effective implementation. It empha- conference report establishes a Safe inactivate 99.9 percent of sizes using more and better science in Drinking Water Act State revolving cryptosporidium, but ozonation would identifying contaminants, and training loan fund to assist communities in fi- inactivate 99.999 percent of the water system operators to meet the es- nancing system improvements to com- cryptosporidium. The increase of .099 is tablished guidelines. It will improve ply with the act, similar to the Clean considered a greater increase in the protection of vulnerable populations, Water Act State revolving loan fund; level of human health protection. including pregnant women, the sick, throws out the mandate that EPA reg- Mr. President, I want to thank all of and the elderly. It creates a new Fed- ulate 25 additional contaminants based the people in Washington State who eral grant program to help water sys- upon a benefit-cost analysis; the legis- took the time to call or write me about tems struggling to comply with Fed- lation also gives States the ability to the need to reform the Safe Drinking eral requirements. grant variances to small systems in Water Act—their message came The conference report contains a pro- order to facilitate greater compliance through loud and clear. By giving vision that is of particular interest to with the act. State and local communities the flexi- New York State. Three upstate water- SECTION 106 OF THE CONFERENCE REPORT bility to address unique drinking water sheds provide New York City with its Mr. President, I would like to thank problems, the conference report com- drinking water, which has been of such the chairman and ranking member of pletely and totally rejects the ‘‘Wash- high quality historically that the City the Senate Environment and Public ington, D.C. knows best’’ way of think- has had no need to filtrate its water. In Works Committee, and their staff, for ing. When this legislation is signed recent years, however, it has become including my amendment in the con- into law communities across Wash- evident that a comprehensive water- ference report that recognizes that fu- ington State will have safe and afford- shed protection program is necessary ture treatment technologies will have able drinking water. This legislation is to preserve the purity of the region’s the capacity to provide safer water a victory for consumers across our water. As such, New York City and than that provided by traditional fil- State, and for the local governments State have launched a collaborative ef- tration. Section 106 of the conference that worked hard for its passage. I am fort to safeguard the fragile upstate report establishes a limited alternative proud to support the conference report ecosystem, an effort which I feel will to filtration, if the system can utilize to reform the Safe Drinking Water Act, be instructive to other cities and re- another form of treatment that will and urge my colleagues to do the same. gions of the country. The bill will pro- provide greater removal of pathogens, Ms. MIKULSKI. Mr. President, I will vide financial support for monitoring than that of filtration. The need for vote in favor of the Safe Drinking the success of this pilot program, this amendment was brought to my at- Water Act conference report. Govern- which will likely prove effective for tention by the city of Seattle. The city ment’s most important responsibility other municipalities.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9495 I also wish to praise the provisions of The legislation fundamentally provision. This provision was part of this conference report which will allow changes the way drinking water is reg- the House bill. Senate negotiators im- the Environmental Protection Agency ulated. It will improve public health proved the House language by pro- [EPA] to consider relative costs, health protection, gives States and local gov- viding greater flexibility for small sys- benefits, and competing health risks ernments greater flexibility to target tems and adding language to make the when formulating new standards for their scarce resources on priority reports more meaningful to consumers. drinking water. This is a rational ap- health risks, and reduce Federal un- This bill is important for the reforms proach which will help us allocate re- funded mandates. it contains. It is also important for sources more effectively and effi- The legislation requires that a mean- what the bill represents. This bill is bi- ciently. ingful cost-benefit analysis be done partisan, and it shows that issues of Environmental legislation places too whenever EPA issues a drinking water public health and environment needs much emphasis on risk assessment, re- standard. The legislation requires EPA not be partisan. There are many Sen- sulting in an ineffective use of science. to use peer-reviewed science to identify ators who deserve credit for passage of This perverse situation stems from di- and regulate contaminants that pose this conference report. This bill was recting EPA, explicitly or implicitly, the greatest risks to public health. first introduced by Senator DIRK KEMP- to regulate environmental pollutants This is critical if we are going to pro- THORNE of Idaho whose 10 months of to safe levels of exposure. In so doing, tect public health without bankrupting careful and bipartisan negotiations led EPA must scientifically determine States and local governments that to the Senate approving his bill 99–0 what is safe. have to implement Federal standards. last November. He worked tirelessly to The problem is simple: the premise is The bill strengthens the partnership get this bill enacted into law. Last false. Science cannot define safety. De- between States and the Federal Gov- Sunday, for example, he spent more cisions about what is safe—what is an ernment. For the first time, States will than 6 hours negotiating with the acceptable risk—are based very much have the authority to tailor Federal re- House in writing this bill. This is Sen- on personal or societal values—in- quirements to meet their needs. ator KEMPTHORNE’s second major bill formed by science, yes, but based on The legislation helps small systems. to become law this Congress, and it is values. Therefore, when legislation Most small systems don’t have the fi- a remarkable accomplishment for a forces agencies to use science to deter- nancial resources or technical exper- Senator in just his 4th year in the Sen- mine safe levels of exposure, the effect tise to meet treatment requirements ate. Last year, Senator KEMPTHORNE is to set EPA and other agencies up for that were really designed for very large led the congressional effort to pass the failure. Risk managers have no incen- systems. Under this legislation sys- Unfunded Mandates Reform Act. And it tive to take any action other than to tems serving fewer than 10,000 people is significant that the Congressional err on the side of safety. can get regulatory relief to use alter- Budget Office says this Safe Drinking This bill enables EPA to avoid impos- native treatment technologies that Water Act comply with the Unfunded ing costly regulations resulting in lit- may be less expensive but still protect Mandates Reform Act. In fact, as I tle or no benefit. It prudently allows public health. Small systems also may have already noted, CBO says this bill EPA to incorporate economic, sci- receive special financial assistance. will ‘‘likely result in significant net entific, and social considerations in The legislation encourages voluntary savings over current law.’’ achieving its safe drinking water goals measures to prevent contamination of I also want to commend other Sen- efficiently and effectively. It arms EPA source water. The bill provides finan- ators who worked long and hard to see with the best tools to address existing cial incentives for States, communities that this bill passed. Senator JOHN and potential problems with the Na- and stakeholders to work together in a CHAFEE, the chairman of the Environ- tion’s drinking water supply, in rea- nonregulatory context to develop pro- mental and Public Works Committee soned and measured steps, and it estab- grams to prevent contaminants from was getting this bill through his com- lishes new requirements for keeping getting into source water. This provi- mittee, the Senate floor and through the public apprised of the quality of sion is endorsed by the national agri- conference. I also commend the bipar- their water. cultural community. tisan group of Senate conferees—Sen- I thank my colleagues on both sides The legislation gives States financial ators WARNER, THOMAS, SMITH, BAUCUS, of the aisle for their hard work and assistance to get the job done. The leg- REID, and LAUTENBERG who helped de- willingness to compromise on the Safe islation authorizes $6 billion in grants velop the original bill and the final bill Drinking Water Act Amendments, and to the States over the next 6 years to with the House of Representatives. I strongly urge its passage. improve drinking water, and does so in Mr. BAUCUS addressed the Chair. Mr. LOTT. The Senate is about to the context of the Republican plan to The PRESIDING OFFICER. The Sen- take up and, I trust, pass the con- balance the budget by the year 2002. ator from Montana. ference report on the Safe Drinking The States use this grant money to Mr. BAUCUS. Mr. President, how Water Act Amendments of 1996. This is capitalize a loan fund for local commu- much time is remaining on this side? a strong, but balanced, environmental nities to construct and upgrade their The PRESIDING OFFICER. There bill. It was written with the advice of drinking water systems. are 6 minutes remaining on your side. many public health officials across the The legislation reduces unnecessary Mr. BAUCUS. Mr. President, I yield country, including those who are re- unfunded mandates that increase the all of our remaining time to the very sponsible for providing the very water costs of drinking water without im- distinguished Senator from Nebraska, that their families and friends drink proving drinking water. The CBO says who, I might say, Mr. President, al- every day. Their advice helped make the Senate bill, on which this final bill though he is not a member of the com- this a common sense bill that will was based would likely result in sig- mittee, has been so deeply active in solve real life problems, without cre- nificant net savings over current law. this issue to make sure that we get to ating new ones. This is legislation that For example, EPA now arbitrarily reg- the Safe Drinking Water Act that I at will truly make drinking water safer ulates 25 additional contaminants over times thought he was a member of the for all Americans. 3 years regardless of whether they are committee. He is one of the main rea- Not surprisingly, this bill has strong found in water or whether they present sons why we are here today. I very bipartisan support in both the House a health risk. This mandate was expen- much tip my hat to the Senator from and Senate, and the support of vir- sive, didn’t improve public health and Nebraska. tually every organization representing diverted resources away from stopping The PRESIDING OFFICER. The Sen- State and local governments and water killer waterborne diseases. In its place, ator from Nebraska. agencies responsible for providing safe this legislation gives EPA flexibility to Mr. KERREY. Mr. President, let me and affordable drinking water. This regulate contaminants that actually first pay my compliments to Senator bill, first introduced by Republican occur in drinking water and pose real CHAFEE, Senator BAUCUS, Senator Senator DIRK KEMPTHORNE, will im- health risks. KEMPTHORNE, and Senator REID. prove public health and reduce unnec- The legislation includes a modified This is a very difficult piece of legis- essary costs and Federal regulation. right to know or consumer confidence lation. If you had asked me a week ago

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9496 CONGRESSIONAL RECORD — SENATE August 2, 1996 if I thought we would be able to get to lows States to use a multimedia ap- to do just that—EPA must conduct a conference and final passage before the proach, that focuses on getting rid of benefit-cost analysis prior to the pro- August recess, I would not be very op- radon in homes and schools that enters mulgation of a regulation. That’s the timistic about it. In fact, I was pre- these facilities through the soil, in- way decisions ought to be made. I’ve pared to take up the measure on radon stead of putting their limited resources fought hard to see this provision imple- in the VA–HUD appropriations bill for into getting radon out of water. mented and I am confident that it will the fourth year in a row. I do not know I have long believed that the way to allow EPA to make the best choices for how we managed to get it done. I am solve this issue is through a multi- the protection of public health. Deci- very grateful for its completion. For media approach. Under this bill, EPA sions that will allow a State or com- all of the rural communities of Ne- will use a risk assessment completed munity’s resources to be directed to- braska—90 percent of our public water by the National Academy of Science to ward the greatest public health threat. supply is in communities under 2,500 promulgate a radon regulation. Once I fully support this bill. I have population—they all thank you. This the maximum contaminant level worked hard to ensure that it provides bill probably saved our State millions [MCL] is established, if it reduces the best public health protection pos- of dollars over the next 10 years. radon in water to a lower level than sible, flexibility for States, and afford- All the consumers of drinking water that in the air outside, EPA will pro- ability for small systems. I applaud the will have safer drinking water as a con- mulgate an alternative maximum con- work of the committee and I thank sequence of this change, and we are taminant level which is equal to the them for their willingness to allow me very grateful to Senator CHAFEE, Sen- amount of radon in air outside or ap- into the debate and negotiations. ator BAUCUS, Senator KEMPTHORNE, proximately 3,000 picocuries per liter. I want to stop here so this bill can be and Senator REID. States will be able to use that alter- passed and sent on to the President for This is a very important piece of leg- native MCL if they have a multimedia signature. islation. It is likely to have, I think, a program which is approved by EPA. I close again by applauding the he- unanimous vote here in the Senate at It is a win-win solution, allowing tax- roic efforts of the chairman, the distin- an age when people wonder whether or payers to get the must public health guished Senator CHAFEE from Rhode Is- not Republicans and Democrats can protection for their money and ensur- land, Senator BAUCUS from Montana, work together. It is a significant im- ing the water is safe. Senator KEMPTHORNE from Idaho, and provement in our law. I am very grate- This is a good approach and I’m glad Senator REID from Nevada. I would ful that we are enacting it. that I can now stop going to the Appro- also like to thank their staff, in par- Chairman CHAFEE and Senator BAU- priations Committee to ask for their ticular Jimmie Powell, Steve CUS deserve our thanks and apprecia- assistance on the radon issue. Shimberg, Jo-Ellen Darcy, Mike Evans, tion for their leadership on this issue. One of the largest costs of compli- Tom Sliter, Ann Klee and Greg Daines. ance with the Safe Drinking Water Act I also want to thank Senator KEMP- It simply would not have been possible is monitoring. THORNE for his personal commitment without their belief that water systems States have to monitor contaminants to resolving the tough issues involved in our Nation need to be safe and that in drinking water whether they exist in in providing the public with safe drink- we need to change the way we regulate their water systems or not. ing water and for his determination in order to accomplish that objective. All Nebraska communities have I am very, very grateful. But, more and willingness to take the time nec- asked that the current system be re- importantly, the people of Nebraska essary to work out a compromise, and vised to let them test for contaminants are very grateful for your hard work, Senator REID who, like me, comes from that exist in Nebraska. Current law al- your diligence, and eventually your a rural State that has a lot to gain by lows for a waiver process. However, the success. the passage of this conference report. I process is expensive and time con- Mr. CHAFEE. Mr. President, I thank know they have put their best into this suming, and the benefits accrue to the the distinguished Senator from Ne- legislation and I appreciate their ef- local systems while the costs are in- braska, Senator KERREY, for the very forts. curred by the States. I fought hard to generous remarks he made. He was hip One of the aspects of this bill that I see that these provisions be changed. deep in this when we started some 4 have supported since the beginning of This bill calls on EPA to revise cur- years ago, and although he is not on the debate 3 years ago, is that it gives rent monitoring rules and it gives the Environment Committee, he has States and communities more flexi- States the authority to give moni- followed it extremely closely and has bility to meet safe drinking water toring relief to small systems for a 3- been extremely helpful and construc- standards. For example, the bill estab- year period if the systems don’t have tive to us. So I thank him personally. lishes a State revolving fund [SRF] to the contaminant. Additionally, States In conclusion, I thank the staff: Ann help finance drinking water systems. It can adopt alternative monitoring re- Klee and Buzz Fawcett with Senator authorizes the fund at $1 billion per quirements if they have a source water KEMPTHORNE; Jo-Ellen Darcy, Mike year through 2003. The flexibility built assessment program. Evans, and Tom Sliter with Senator into the bill allows States to transfer Aside from radon and monitoring, BAUCUS; Ann Loomis with Senator up to one third of the funds between standard setting posed a major prob- WARNER; Mike Smith with Senator the newly established safe drinking lem. As we all know, in the 1986 amend- THOMAS; Scott Slesinger with Senator water SRF and the already existing ments we decided to regulate 25 new LAUTENBERG; Gregg Daines with Sen- Clean Water Act Revolving Fund. Fur- contaminants every 3 years whether ator REID; Chris Russell with Senator thermore, the bill allows for 30 percent they were needed or not. This strict SMITH; Diane Hill with Senator of the State’s revolving fund to be used method of establishing standards KERREY, and, of course, from the ma- as grants for disadvantaged commu- caused some contaminants to be regu- jority staff of the Environment and nities. States deserve a chance to put lated without a sound scientific basis. Public Works Committee, Steve their resources where they are most I pushed for a change in that process. Shimberg, Jimmie Powell, who was the needed. I believe that EPA needs to spend more lead on this, who was absolutely phe- Nowhere is this more clear than in time working with other public health nomenal, and Stephanie Daigle. All of dealing with the public health threat of agencies prior to considering a regula- them deserve a lot of praise and radon. For the last 3 years, through the tion. That is why, through the new thanks. appropriations process, I have kept contaminant selection process, EPA The PRESIDING OFFICER. All time EPA from publishing a drinking water must consult with the Department of has expired. standard for radon. The reason I did Health and Human Services, more spe- Mr. BAUCUS addressed the Chair. this is because regulating radon in cifically the Centers for Disease Con- The PRESIDING OFFICER. The water does not make sense when the trol to determine which contaminants chair recognizes the Senator from Mon- known health threat for radon is should be researched to see if they tana. through inhalation, not ingestion. should be regulated. Mr. BAUCUS. Mr. President, I ask Ninety-five percent of the risk is from Once contaminants are thoroughly unanimous consent to speak for 30 sec- radon in soil, not water. This bill al- research—and this bill provides money onds.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9497 The PRESIDING OFFICER. Without then proceed to an immediate vote on I do not think Senator DASCHLE would objection, it is so ordered. the adoption of the conference report object and I know I would not object, Mr. BAUCUS. Mr. President, I know without further action or debate. and we could finish earlier. the distinguished chairman of the com- So there would be two parts to that Mr. DASCHLE. If the majority leader mittee will join with me in also thank- consent with regard to the health in- will yield—— ing Administrator Browner; Bob surance reform package, first the one Mr. LOTT. Yes, I yield to the Demo- Perciasepe, Assistant Administrator; with regard to the point of order on cratic leader. and Cynthia Dougherty, and a former section 281, and then we would have 2 Mr. DASCHLE. To one other possi- administration official who worked hours of debate on the conference re- bility, one other possibility would be to very hard on this legislation, Jim port itself, with 30 minutes specifically have the votes and people who care to Elden. earmarked for Senator DOMENICI. talk about these things talk after the This administration has shown lead- Then we would further ask consent, votes. ership on this issue by making it an en- after that is agreed to, that the con- Mr. LOTT. I would like to deem all vironmental priority back in 1993. ference report to accompany the Small the votes having occurred now and Today, we have made that priority a Business Tax Relief Act, H.R. 3448, be have the rest of the night for debate. reality. We have a divided Government, limited to—we will have to get the Mr. DASCHLE. We ought to be able as we all know. It takes cooperation to exact time, I think 60 minutes there— to work something out maybe during get things done. They were an integral for debate, to be equally divided be- the course of this vote. part of the solution. We are all very tween Senators ROTH and MOYNIHAN, Mr. LOTT. All right. thankful. and the conference report be considered Mr. DASCHLE. Perhaps we could get Mr. CHAFEE. Mr. President, I cer- as having been read, and following the a unanimous-consent agreement right tainly join in those thanks. conclusion or yielding back of time, after that vote. Now we are ready to go to a vote. the Senate proceed to vote on adoption Mr. LOTT. Why not do that. The PRESIDING OFFICER. The of the conference report without any Mr. CHAFEE. Mr. President, I note question is on agreeing to the con- further action or debate. the distinguished Senator from Massa- ference report. Does the Senator, the distinguished chusetts is here. I spoke with him ear- Mr. LOTT addressed the Chair. Democratic leader, have a comment or lier in the day, and he seemed to have The PRESIDING OFFICER. The ma- question about this? a case of laryngitis, I thought, and per- jority leader is recognized. Mr. DASCHLE. Mr. President, as I haps he will not have the steam for 2 Mr. LOTT. Before we begin the vote, understand it, our staffs are just now hours or an hour. I say that hopefully. I believe we are prepared to get a con- combing through the language, and I Mr. LOTT. Mr. President, I think I sent agreement on the next two bills, think within a few moments we will be still have the time. and I would liked to get that done. I prepared to enter into the agreement. I The PRESIDING OFFICER. The ma- would like to make sure that the mi- did not hear all of the explanation from jority leader still has the floor. nority leader is here and has a chance the distinguished majority leader. Mr. LOTT. Mr. President, since the to read it over. Mr. LOTT. When the Senator is Senator is having laryngitis, I will not Why not outline what we have here ready. I think I will read it. I will just insist that he respond at this time. Let and when he comes, we will actually read it again so everybody can hear it, us have the vote. We will work on the put it in the form of unanimous con- but I wondered if the Senator had any final time agreement during the vote, sent. questions he wanted to raise. and hopefully we can shorten that time This unanimous consent agreement I might note if I could, if we could and we can get our work done. So I would be that immediately following get that agreed to, we would have this yield the floor. the disposition of the safe drinking vote and then we would have a total Have the yeas and nays been ordered? water conference report vote, the Chair under that of 3 more hours of debate on Mr. CHAFEE. No, they have not been lay before the Senate the health insur- the two bills, plus the time that would ordered. ance reform conference report, and it be taken, which should not be very The PRESIDING OFFICER (Mr. be considered as having been read and much, on the section 281 correction, COATS). The yeas and nays have been it be in order for Senator WELLSTONE and then we would couple that with ordered. to make a point of order that the con- votes. That would all be completed by The question is on agreeing to the ference exceeded the scope with respect around 8 or 8:30. And then whatever conference report. The clerk will call to section 281 of title II, subtitle H, and wrap-up we would have at that point, if the roll. following the ruling of the Chair, Sen- we could get an agreement on the de- Mr. FORD. I announce that the Sen- ator WELLSTONE be recognized to ap- fense authorization bill, any other ator from Arkansas [Mr. PRYOR] and peal the ruling of the Chair; that the unanimous-consent requests, of course, the Senator from Washington [Mrs. appeal be limited to 10 minutes to be we would do those then. But I just MURRAY] are necessarily absent. equally divided in the usual form; fol- want the Members to know it would in- The PRESIDING OFFICER. Are there lowing the vote on the appeal, if over- volve a vote now, another vote in 2 any other Senators in the Chamber turned, the point of order be null and hours, and then another vote 11⁄2 hours who desire to vote? void, and that the Senate immediately or so after that. The result was announced—yeas 98, agree to the Senate Concurrent Resolu- Mr. President, I will yield for a ques- nays 0, as follows: tion now at the desk correcting enroll- tion of the Senator from Rhode Island. [Rollcall Vote No. 263 Leg.] ment of the conference report. Mr. CHAFEE. I do not think the ma- So that would be the first part of how jority leader would find a rebellion if YEAS—98 we would deal with the health insur- that 2 hours of debate were reduced. Abraham Cochran Gorton Akaka Cohen Graham ance reform package. And then we Mr. LOTT. I would be more than will- Ashcroft Conrad Gramm would ask that after adopting the cor- ing to see it reduced. Baucus Coverdell Grams recting resolution, there be 2 hours for Mr. CHAFEE. We completed a whole Bennett Craig Grassley debate on the conference report to be conference report here in 1 hour equal- Biden D’Amato Gregg Bingaman Daschle Harkin equally divided between Senators ly divided. Bond DeWine Hatch KASSEBAUM and KENNEDY, with 30 min- Mr. LOTT. There are some Senators Boxer Dodd Hatfield utes of the Kassebaum time under the who would like to be heard on this Bradley Domenici Heflin Breaux Dorgan Helms control of Senator DOMENICI, and fol- health insurance issue, including, I Brown Exon Hollings lowing the conclusion or yielding back know, Senator DOMENICI and Senator Bryan Faircloth Hutchison of time, the conference report be laid KENNEDY and Senator WELLSTONE and Bumpers Feingold Inhofe aside; it would be made the pending others. They can always yield back Burns Feinstein Inouye Byrd Ford Jeffords business at the direction of the major- time. I know it is not something we Campbell Frahm Johnston ity leader after notification of the like to do in the Senate very much. If Chafee Frist Kassebaum Democratic leader, and that the Senate anybody would like to yield back time, Coats Glenn Kempthorne

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9498 CONGRESSIONAL RECORD — SENATE August 2, 1996 Kennedy Mikulski Shelby as a Senate Concurrent Resolution The PRESIDING OFFICER. Is there Kerrey Moseley-Braun Simon over to the House for disposition. We objection to the request? Without ob- Kerry Moynihan Simpson Kohl Murkowski Smith believe we have everything agreed to, jection, it is so ordered. Kyl Nickles Snowe both here and over there. And this is Mr. LOTT. Mr. President, I want to Lautenberg Nunn Specter the way to deal with this issue as it thank the distinguished Senator from Leahy Pell Stevens now stands. New Mexico, the chairman of the Budg- Levin Pressler Thomas Lieberman Reid The PRESIDING OFFICER. Is there et Committee, for his comments. And Thompson Lott Robb Thurmond objection? Without objection, it is so Senator DASCHLE, both he and Senator Lugar Rockefeller Warner ordered. WELLSTONE, I thank for their coopera- Mack Roth Mr. LOTT. Mr. President, I further McCain Santorum Wellstone tion. We know how strongly you feel McConnell Sarbanes Wyden ask unanimous consent that following about it. The Senator has been very the adoption of the correcting resolu- NOT VOTING—2 fair. We appreciate it very much. tion, there be 85 minutes—85 minutes— I further ask unanimous consent that Murray Pryor for debate under the control of Senator the time on the conference report to The conference report was agreed to. KENNEDY, 70 minutes under the control accompany the small business tax re- Mr. CHAFEE. Mr. President, I move of Senator KASSEBAUM, with 30 minutes lief bill, H.R. 3448, be limited to 60 min- to reconsider the vote by which the of the Kassebaum time under the con- utes under the control of Senator MOY- conference report was agreed to. trol of Senator DOMENICI, and following NIHAN, 30 minutes under the control of Mr. KEMPTHORNE. I move to lay the conclusion or yielding back of Senator KENNEDY, and 60 minutes that motion on the table. time, the conference report be laid under the control of Senator ROTH, and The motion to lay on the table was aside to be made the pending business the conference report be considered as agreed to. at the direction of the majority leader, having been read, and following the Mr. LOTT. Mr. President, I suggest after notification of the Democratic conclusion or yielding back of the the absence of a quorum. leader. time, the Senate proceed to vote on The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there adoption of the conference report with- clerk will call the roll. objection? out further action or debate. Mr. DOMENICI. Reserving the right The legislative clerk proceeded to The PRESIDING OFFICER. Without to object, and I shall not. Fellow Sen- call the roll. objection, it is so ordered. ators, I have been heard to say I would Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. I further ask unanimous do anything I could to kill this bill be- imous consent that the order for the consent that at 6 o’clock this evening, cause of what happened with reference quorum call be rescinded. if the House has adopted the correcting to the mentally ill. But I have con- The PRESIDING OFFICER. Without resolution with respect to the House ferred with our distinguished leader. objection, it is so ordered. insurance reform conference report, And, frankly, I am very proud of what Mr. LOTT. Mr. President, I believe and consent can be granted to postpone he is doing around here. He is making Members will be very interested in this the above-listed debate time, then the the Senate work, and we are getting unanimous consent request. This will Senate proceed to two back-to-back some things done. And to be honest, give them the idea of what will be hap- votes, the first on the adoption of the the only thing I could do is make you pening over the next hour and a half, health care conference report, to be and some feel, maybe, of what might be all stay around here tonight and to- morrow, if a couple of us could stand followed by a vote on adoption of the in store for the balance of the night. small business tax relief conference re- We still have some things we are trying on our feet all night. And I do not choose to do that because I think, in port, and any remaining debate time to work through. But this is a very im- not previously consumed be in order portant agreement. I am pleased we the end, this bill is so good for the American people, and that will be ex- following the vote with respect to the have it worked out. I think it is fair to pressed by the votes of this body. small business tax conference report. all concerned. But I would like those who have re- The PRESIDING OFFICER. Without f sisted a very modest amendment which objection, it is so ordered. Mr. LOTT. I further ask if the Senate UNANIMOUS-CONSENT we agreed to, which was a compromise, receives an identical concurrent reso- AGREEMENTS to know—and I told our leader this— that this issue is not going away. In lution correcting the enrollment, it be Mr. LOTT. Mr. President, I ask unan- fact, I will introduce a freestanding bill deemed agreed to and the motion to re- imous consent that immediately fol- today with many cosponsors. And it consider be laid upon the table, all lowing the disposition of the safe will just be on the very simple propo- without further action or debate. drinking water conference report— sition that we attempted to resolve The PRESIDING OFFICER. Without which we have just done—the Chair lay this on, not the full amendment that objection, it is so ordered. before the Senate the health insurance came about here on the floor. Mr. LOTT. Would the distinguished reform conference report, and it be I would like everyone to know, in- Democratic leader have any comment considered as having been read, and it cluding our distinguished leader, dur- at this time? be in order for Senator WELLSTONE to ing the month of September there will Mr. DASCHLE. I thank the distin- make a point of order that the con- be opportunities to vote again. And I guished majority leader. This unani- ference exceeded the scope with respect do not intend to let this issue go by. So mous consent agreement is designed to to section 281 of title II, subtitle H, and all of you can be looking at it because try to accommodate all Senators. following the ruling of the Chair, Sen- you are going to be voting again, ex- There are a number of Senators, as the ator WELLSTONE be recognized to ap- cept the next vote is a very simple one, distinguished Senator from New Mex- peal the ruling of the Chair, and that just so, so small in dimension that ico has indicated, who wish to be heard appeal be limited to 10 minutes to be hardly anybody can really object on on both of these conference reports, equally divided in the usual form, and the grounds of costs. So everybody but there are a lot of other Senators following the vote on the appeal, if should know that. And with that, I who would like to be able to plan their overturned, the point of order be null agree to the unanimous consent re- travel for early this evening. and void, and the Senate immediately quest. What this could do is provide us the deem agreed to a Senate Concurrent I understand, I say to Senator KASSE- opportunity, if we can do it, to have Resolution now at the desk correcting BAUM, of your 70 minutes, in the event two stacked votes at 6 o’clock, one on the enrollment of the conference re- you have a few of them left over, you the conference report on the minimum port. would yield those to me, also in the wage-small business package, the other To put that in everyday language, event those on my side need more than on the health bill. there will be a point of order made, and the 30 minutes. Is that correct? I hope we can get cooperation on the Chair will rule after 10 minutes of Mrs. KASSEBAUM. Yes. both sides to accommodate those two debate equally divided. Then action Mr. DOMENICI. Thank you for what votes no later than 6 o’clock. I believe would be taken, and then that would go you are doing. we can, and I applaud the majority

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9499 leader for his effort in getting us to the Republican and the Democratic this report, signed by a majority of the con- this point. Senators from Michigan, and he is from ferees. Mr. LOTT. I thank Senator DASCHLE Michigan. Is there any possibility now The Senate proceeded to consider the for his comments and his frankly sug- that would be offered this evening? conference report. gesting we could do the two votes at 6 Mr. LOTT. We will continue to work (The conference report is printed in o’clock, as well as his cooperation. with the Senator on that. Senator the House proceedings of the RECORD of I know a lot of Senators have a lot of ABRAHAM has talked to me about that. July 31, 1991.) other issues they are interested in. We We will continue to work on that. POINT OF ORDER are still working some other issues and I yield the floor. Mr. WELLSTONE. Mr. President, I some, I believe, for instance, the Emer- The PRESIDING OFFICER. Is there raise a point of order against the con- son food donation bill, a food bank bill, objection to the request? Without ob- ference report under rule XXVIII, para- which I think we can get that cleared. jection, it is so ordered. graph 2, because provisions contained We will be talking about other issues, Mr. WARNER. Mr. President, I join in section 281 of the report were in- so I hope rather than ask about all the distinguished chairman of the com- serted by the conferees, and such provi- these bills, maybe we can go ahead and mittee, Mr. THURMOND, and Mr. NUNN sions constitute ‘‘matter not com- get started on the debate. I see Senator in their petition to the leadership of mitted to them by either House.’’ NUNN, and I know he is very much in- the Senate that we do address the au- They have, therefore, exceeded their terested in some nominations. thorization bill. I spoke earlier on that, authority, in violation of rule XXVIII, Mr. NUNN. If I could just take 2 sec- and that particular military measure, paragraph 2. The PRESIDING OFFICER. The onds here, I am glad progress is being coupled with the nominations pending Chair will examine the language of the made. before the Senate, are absolutely essen- conference report and needs to do that I join the chairman of the com- tial pieces that have to be passed be- before it can issue a ruling. The Chair mittee, Senator THURMOND, in his plea fore we depart. will withhold so that examination can that we pass the defense authorization I yield the floor. bill. It will take a total of about 20 be made. Mr. THURMOND. Mr. President, I The Chair announces that the point minutes, based on what I know now. wish to thank the able Senator from of order is not sustained. Even more urgently, I urge that we Georgia, Senator NUNN, for his remarks Mr. WELLSTONE. Mr. President, I clear the nominations, the military on these defense matters, and also Sen- appeal the ruling of the Chair. nominations. We have posts all over ator WARNER of Virginia. The PRESIDING OFFICER. Under the world that depend on these nomi- Defense, I say again, is nonpartisan; the previous order, 10 minutes are to be nations. It is extremely important that military matters and nominations are equally divided. we do the nominations this evening. nonpartisan. Why there is an objection The Senator from Minnesota is rec- Whatever else is still in dispute when here to the taking up of nominations of ognized. we go home tonight, I hope the nomi- the President of the United States for Mr. WELLSTONE. Mr. President, let nations on the military side are military nominations is beyond me. me explain my challenge. I have to cleared. Why there is objection here to the tak- thank Senator PRYOR from Arkansas, I can assure my colleagues that if ing up a defense bill agreed to on both who has been so diligent on these Senator THURMOND and I are given 20 sides, that we can finish in 20 minutes, issues, and also Senator KENNEDY from minutes, equally divided—we will prob- an objection to taking it up is beyond Massachusetts. ably cut that down, if necessary—we me. After all, defense is for the whole Mr. President, in the dark of night, can finish debate on the defense au- country. These military nominations in this conference committee for this thorization bill and conference report, are for the whole country. bill, the insurance reform bill, there which passed the House last night, I hope that the leadership on the was a provision that was put in, which have the stacked votes at 6 o’clock, Democratic side that is objecting to was a 2-year patent extension for a pre- and have that vote right after that. taking up these matters would relent scription drug called Lodine. I think I hope we would be able to get agree- and let us go ahead and pass these mat- the effect of this would be that for 5 ment on both sides. ters. The House yesterday passed this years it would be impossible for con- Mr. LOTT. I yield the floor. defense conference report in 1 hour. I sumers to purchase a generic drug. My The PRESIDING OFFICER. Is there think we can pass it in 20 minutes. understanding is that the manufac- objection to the request of the major- Again, I ask the leadership on the turer is paying the Federal Govern- ity leader? Democratic side to reconsider this ment $10 million each year, or $20 mil- Mr. LEVIN. Reserving the right to matter and take up these defense mat- lion, because this would be additional object, would the majority leader yield ters which are for the benefit of the costs, since the Medicaid assistance for a question? whole country. would go up more than it would if in Mr. LOTT. Mr. President, I thought fact consumers had access to the ge- f all the unanimous-consents had been neric drug. In addition, the company agreed to. HEALTH INSURANCE PORTABILITY will be providing reimbursements to The PRESIDING OFFICER. The last AND ACCOUNTABILITY ACT OF some of the States because of the addi- consent was not agreed to. The Senator 1996—CONFERENCE REPORT tional Medicaid costs. from Michigan has reserved the right Mr. WELLSTONE. Mr. President, The problem, Mr. President, is that to object. what is the regular order? this is a gigantic ripoff for the rest of Mr. LOTT. I am happy to yield. The PRESIDING OFFICER. The the consumers because the generic Mr. LEVIN. Earlier in the week, the clerk will report the conference report. drug would give consumers access to majority leader indicated there would The bill clerk read as follows: affordable treatment, those who are be an effort made to offer up the nomi- suffering from arthritis. So that, I The committee on conference on the dis- nations of the circuit judges as well as agreeing votes of the two Houses on the think, is egregious. Clearly, I think it the district court judges. Is that effort amendment of the Senate to the bill (H.R. is the wrong thing for us to do. going to continue? 3103) to amend the Internal Revenue Code of The point of this challenge, however, Mr. LOTT. I will continue to work on 1986 to improve portability and continuity of has to do with the process. There was those nominations. We have shown an health insurance coverage in the group and an attempt to stick this provision into abundance of good faith. We have con- individual markets, to combat waste, fraud, the Senate Appropriations Sub- firmed 17 judges. We are not going to and abuse in health insurance and health committee, and there was a very be able to get more of them cleared to- care delivery, to promote the use of medical strong letter from Senator PRYOR and savings accounts, to improve access to long- night, but we will continue to work on Senator CHAFEE saying, don’t do that. term care services and coverage, to simplify these as we go on into the fall. the administration of health insurance, and But this was stuck into the committee Mr. LEVIN. As the majority leader for other purposes, having met, after full and late at night, not known to very many knows, one of the judges I am familiar free conference, have agreed to recommend Members. It had never really passed with, Eric Clay, has the support of both and do recommend to their respective Houses out of

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9500 CONGRESSIONAL RECORD — SENATE August 2, 1996 any committee. It hadn’t passed out of ing thousands of people in the Philadel- disagree maybe on the substance be- any committee in either House, cer- phia suburbs. If they are to be able to cause I think by postponing the time tainly not the two committees with ju- continue, they are going to have to that this can be generic. We really pro- risdiction over this legislation. There- have a reasonable return. vide more cost to the consumers. But it fore, it was not within the scope of this Those who added it to this bill did so seems like what you have said—and conference committee to stick this because this is a health bill. One way hopefully we can all agree on this—this provision in. or another, these sorts of matters must should not have been stuck in the con- So, Mr. President, my point and the be considered. I am very sympathetic ference committee the way it was. It reason that I raise this point of order is to generic manufacturers, and I have a was not appropriate, and that is why I that I think what was done really was very strong voting record for senior challenged the ruling of the Chair. a violation of the way the process is citizens on issues like this. But if we I think from the point of view of the supposed to operate. On a very legal, are to have the kind of research, pro- way our process operates it is a huge technical point, it was a violation. This ductivity and the great miraculous ad- mistake to legislate this way. That is had not been dealt with by committee vances, we are simply going to have to why I hope that I will receive strong in either House. have a reasonable rate of return on the support on this challenge. And my un- Mr. President, I have to say, I was a patent period that is realistic. That is derstanding is that, if we prevail on the college professor and used to teach po- why on the merits and as a matter of voice vote, this will become a success- litical science courses, and I knew con- fairness, I have advocated this position ful concurrent resolution which will be ference committees were called the publicly and do so today, because I a technical correction resolution that I third House of the Congress, but I had think it is an appropriate and sound introduced on behalf of myself, and no idea that this kind of action could position. also Senator KENNEDY from Massachu- be taken, really, in the dark of night, I yield to my colleague from Pennsyl- setts. Again, I thank especially Senator not an open process, not accountable to vania. DAVID PRYOR for really bringing this to the citizens of the country. It was the Mr. SANTORUM. I think the Senator has articulated the arguments on the my attention. wrong thing to do, and it is for this Mr. SPECTER. Mr. President, I merits very well. This is an appropriate reason that I raise this point of order would take strong exception to any and that I appeal the ruling of the remedy. I just ask the Senator from language if it refers to anything which Chair. Minnesota if he has ever heard of the my distinguished colleague, I, or others Mr. SANTORUM. Will the Senator drug Daypro. It is a competing drug in the advocacy of this position have yield for a question? that had the same problems going done. We have spoken of it directly. I Mr. WELLSTONE. I reserve the re- through the FDA as Lodine, the same did so earlier this week in the con- mainder of my time, and I will yield on problems, the same delay. But in the ference, and we do so on the floor your time. 1996 omnibus appropriations bill, today. Mr. SANTORUM. In that case, I will Daypro got an extension. I don’t recall We need medical research. We need yield to the senior Senator from Penn- the Senator from Minnesota objecting these wonder drugs to be produced. It sylvania. to that extension, asking for that to be is a matter of fairness as to how we are Mr. SPECTER. Mr. President, con- removed. But they got one, too. going to compensate those who produce trary to the statement by the Senator So what we have now is a competi- them. If we are to have them for the from Minnesota, this matter has been tive disadvantage. We have one com- consumers, we will have to be able to considered in the Judiciary Committee pany with a similar drug, a similar pre- pay for them. And I think ultimately as part of the markup on the drug pat- scription, getting an extension and an- we will have to take this matter up on ent bill. It was on the floor as a part of other drug with the same FDA problem the merits, and I think at that time we the Hatch amendment, which was a not getting an extension. This is a will see that it is an appropriate posi- part of the defense authorization bill. health care bill. The Chair has ruled tion which Senator SANTORUM, I, and This measure was also considered by that it is within the scope of this bill. others have advocated. the House, which passed a 2-year pat- So I think what is going on here is, Mr. WELLSTONE. Mr. President, ent extension for this drug on separate frankly, not a special interest, but sim- how much time remains on our side? occasions; in 1992 and again in 1996. It ply a matter of fairness that we are The PRESIDING OFFICER. The Sen- has been so considered as a matter of trying to address. I think what has ator has 36 seconds. basic fairness. The FDA delayed action gone on here is really a lot of actions Mr. WELLSTONE. I say to my both on this matter for some 97 months, that—as the Senator said, this bill my colleagues from Pennsylvania that contrasted with 27 months on the aver- passed here in the Senate, passed in the they clearly are two Senators who are age. House. It is not a new provision. It has always more than willing to be strong This matter has been considered ex- had committee discussion. This thing and determined and honest in their po- tensively. I raised it in open session in is not anything new to any Member of sitions in public. This amendment is not at all aimed the Agriculture Subcommittee of the this floor. We should have left it alone at the Senator from Pennsylvania. It is Appropriations Committee earlier this and created the fairness that this Sen- aimed at something that I think is week. It had been in the House Agri- ate acted on and the House acted on in culture appropriations bill and was wrong with this process. the past. I yield the floor. dropped in conference. I do not vouch Again, I agree with the Senator from The PRESIDING OFFICER. The for the provision where it was added to Minnesota, and I don’t agree with question is, Should the decision of the the health care bill after conference. I sticking things in conference that Chair stand as the judgment of the do not know about that and was not a weren’t originally there. I understand Senate? party to that. that objection. But this is not a red The ruling of the Chair was not sus- But we have a very basic problem in herring proposal. This is a sound pro- tained. America about research expenditures posal. This is a fair approach, and I f for drugs that benefit sick people. think we are going to see either this These drugs benefit everybody includ- or, frankly, the repeal of the Daypro. CORRECTING THE ENROLLMENT ing the elderly, the young, and those One or the other is going to happen OF H.R. 3103 not in either category. If we are going again sometime in the next couple of The PRESIDING OFFICER. The to expend a very substantial sum of months. clerk will now report the concurrent money on research, there is going to Mr. WELLSTONE. Mr. President, I resolution. have to be a reasonable return. We appreciate working with both of my The bill clerk read as follows: have a patent period, and the patent colleagues. For all I know that other A concurrent resolution (S. Con. Res. 68) to period was not honored in this case. provision was stuck in conference com- correct the enrollment of H.R. 3103. The manufacturer here, Wyeth-Ayerst, mittee in the dark of night. I did not The PRESIDING OFFICER. Under is a major Pennsylvania constituent of catch it. I really appreciate what you the previous order, the concurrent res- Senator SANTORUM’s and mine, employ- have said. I think we would probably olution is agreed to.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9501 The concurrent resolution (S. Con. resources would be far better applied passing long-overdue reforms to our Res. 68) was agreed to as follows: and are urgently needed under the sub- Nation’s health insurance system. S. CON. RES. 68 missions jurisdiction. According to the General Accounting Resovled by the Senate (the House of Rep- The other point I will mention, the Office, the bipartisan conference agree- resentatives concurring), that in the enroll- Lodine patent extension includes lan- ment before us today will help at least ment of the bill (H.R. 3103 entitled ‘‘an Act guage barring importation of active in- 25 million Americans each year who to amend the Internal Revenue Code of 1986 gredients. This would prevent generic now face discrimination and live in to improve portability and continuity of competitors from conducting the es- fear that their health insurance cov- health insurance converge in the group and sential preclinical tests and clinical erage will be canceled if they change individual markets, to combat waste, fraud, studies to prepare for marketing, as jobs, lose their job, or become sick. and abuse in health insurance and health care delivery, to promote the use of medical they are permitted and required under It was exactly 1 year ago today that savings account, to improve access to long- the 1984 act. This specific clause fur- the Senate Labor Committee passed term care services and coverage, to simplify ther extends the patent extension by as the core provisions of this legislation the administration of health insurance, and much as 5 years and market exclu- by a unanimous vote. For many for other purposes’’, the Clerk of the House sivity by as much as 7 years. months prior to that time, Senator of Representatives shall make the following f KENNEDY and I worked together with correction: insurance companies, consumers, Gov- HEALTH INSURANCE PORTABILITY Strike subtitle H of title II. ernors, State regulators, large employ- AND ACCOUNTABILITY ACT OF Mr. KENNEDY. Mr. President, I wish ers, small employees, and other to 1996—CONFERENCE REPORT to make a brief comment on the addi- forge a bipartisan consensus which tion of the special-interest provision The Senate continued with the con- would bring us to this day. that was added in the legislation with- sideration of the conference report. Mr. President, it has been a long, and out knowledge of the Democratic con- The PRESIDING OFFICER. The Sen- sometimes bumpy, road. But the spirit ferees and, to my knowledge, Repub- ate is now operating under control of of cooperation and bipartisanship that lican conferees. debate time. began this process 1 years ago has al- I am pleased that a provision to ben- Who yields time? lowed us to overcome very difficult ob- Mr. KENNEDY addressed the Chair. efit a particular pharmaceutical com- stacles that threatened—but never de- The PRESIDING OFFICER. The Sen- pany will now be dropped from the very railed—our drive to pass common-sense important health care legislation. ator from Massachusetts. Mr. KENNEDY. Mr. President, as I health reforms that would provide real The provision was surreptitiously in- health security. cluded in the conference report without understand by the previous agree- ments, we have divided up the time for Whilte there has been a great deal of the knowledge of the conferees. Clear- debate and polemics over the last few ly, it did not belong in this legislation. the next few hours between the Kasse- baum-Kennedy bill and also on the months about extraneous provisions, I simply point out that the provision Senator KENNEDY and I have never lost was rejected when previous efforts to minimum wage legislation, but that there has been agreement to vote on sight of our primary goal. The heart put it into other bills were attempted. and soul of the Kassebaum-Kennedy An initial attempt to include the spe- these measures at 6 o’clock. So there is an expectation that it would be at 6 bill that passed the full Senate unani- cial deal was rejected in the defense mously are firmly embedded in the authorization bill. A second attempt o’clock. So I expect that during the course of conference agreement before us. was made to include it in the agri- the next period of time that we have Mr. President, beginning July 1, 1997, culture conference report, and that was between now and 6 that perhaps that every American who has played by the rejected also. Now it has been rejected time could be divided, if it is agreeable rules will be able to keep their health in the health reform conference, and insurance coverage even if they change with Senator KASSEBAUM; that we we were right to reject it. might just divide the time between she jobs, lose their job, or have a pre- Let me just conclude by saying, existing illness. strike three, this provision is out and and I until 6 o’clock. Mrs. KASSEBAUM. I anticipate, of Last night, the House of Representa- good riddance. course, if there is more time allocated tives passed the Health Insurance Port- I will highlight the points in the GAO to us, that will take us past 6 o’clock. ability and Accountability Act by an report that was issued. It said that As you know, Senator DOMENICI and overwhelming vote of 421 to 2. Today, Lodine is a ‘‘me, too’’ drug which pro- Senator WELLSTONE want a large share we will have the opportunity to do the vides no significant health benefit or of that time to be equally divided. We same and to send this bill to President therapeutic breakthrough which would will try to do so. But we will have to Clinton for his signature. justify expedited review, such as AIDS make sure that time is allocated to This is a dramatic victory for the or cancer. them. American people—not only because the FDA found that the Lodine submis- Mr. DOMENICI. Mr. President, I bill will help millions of Americans sion was ‘‘piecemeal, voluminous, dis- think the Senators will be fair. But it with preexisting illnesses, but also be- organized, and based on flawed clinical seems to me that the spirit of the un- cause—I believe—the process of com- studies.’’ derstanding would provide a portion of promise, negotiation, and bipartisan- The Lodine submission to FDA did that time to the Senator from New ship that was the hallmark of this bill not contain ‘‘enough data to prove effi- Mexico. I think the spirit of it was that will go a long way toward restoring cacy, until September 1989.’’ a portion of that time would go di- Americans’ faith that their Govern- It has already received special con- rectly to the Senator from New Mex- ment can work to address their most sideration under the Waxman-Hatch ico. pressing concern. amendments. We passed that to try to Mr. KENNEDY. If we have 55 min- Depending on who was speaking yes- take into consideration companies that utes, I suggest that we divide it be- terday, one would think that health re- felt they had not been treated fairly tween Senator KASSEBAUM and myself. form was entirely the province of one before the FDA. We have included in And then we will allocate it to our party. But as Senator KENNEDY and I the RECORD the excellent statement Members between now and 6 o’clock, if both know, this effort has been bipar- that has been made by both Senator that is agreeable. tisan from the start. CHAFEE and Senator PRYOR. First of The PRESIDING OFFICER. Without Senator KENNEDY and Representative all, we note that no hearings or delib- objection, it is so ordered. ARCHER worked together to develop a erations of any kind have been held in Mrs. KASSEBAUM. Mr. President, I compromise on medical savings ac- either the House or Senate as to allocate to myself 5 minutes. counts that broke a months-long im- whether any public purpose would be The PRESIDING OFFICER. The Sen- passe on the bill. served by granting this extension. ator from Kansas is recognized for up The majority and minority leaders, Then, finally, the CBO says the patent to 5 minutes. as well as Senator Dole, deserve much extension will cost the Federal Govern- Mrs. KASSEBAUM. Mr. President, credit for breaking the gridlock over ment and taxpayers $10 million. These today, we stand on the threshold of this bill.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9502 CONGRESSIONAL RECORD — SENATE August 2, 1996 In fact, Mr. President, I would just Americans alive today have a history of can- is important for the record to note it. like to say a special word of apprecia- cer. Under current insurance practices, many I think the Members of the Senate re- tion to the majority leader. I think of these people will be denied coverage if spect and understand that. they change jobs or lose their job, or they that Senator LOTT has devoted a great Secondly, Mr. President, this legisla- will be squeezed out of their existing plan be- tion is right and necessary not just be- deal of time and energy to making sure cause of their health status. The health in- that we could reach this point this surance reform bill addresses these critical cause, as the leaders of all of the great evening before we go out on our recess. issues by limiting preexisting condition re- religions have pointed out, it is mor- And there also has been significant strictions and ensuring greater portability of ally imperative for those who have bipartisan support in the House from coverage.***The modest reforms con- some preexisting condition or some ill- Representatives THOMAS, BLILEY, BILI- tained in [this bill] will go a long way toward ness, or disability. It is not only right RAKIS, WAXMAN, HYDE, DINGELL, and protecting people with chronic illness and because we have virtual unanimous others. I especially want to recognize their families.*** support from the business, consumer, Representative HASTERT of Illinois for So, Mr. President, let us move for- and labor communities, but most pow- his leadership in bringing together ward. Let us cap this bipartisan effort erfully it should pass because it has the members of both parties to reach with another strong vote today and support of the working families in this agreement on this very important bill. send this historic legislation to the country. I regret that we could not do more to President’s desk for his immediate sig- There will be many who will try to help small employers. In an effort to nature. claim credit for the legislation. But ul- avoid controversy that could have de- There is no controversy about the timately this legislation was passed for railed the legislation, both the House central elements of the bill. There is no the parents, those parents who today and Senate small business pooling pro- question that the President will sign are worried about a child who may visions were dropped from the con- the legislation. There is no question have some disability and wonder what ference agreement. Representative FA- that—despite its long delay—the Presi- in the world is going to happen to their WELL from Illinois is perhaps the great- dent, and members of both parties, in child when they reach maturity and est advocate of this reform, and Sen- both the House and the Senate, can they are no longer included in that par- ator JEFFORDS, from Vermont, also has take credit for passing these sensible ent’s policy. Those parents know that worked very diligently to help small reforms. today it is virtually impossible for that employers enjoy the same economies of And there is no question that the child to be able to get some kind of scale as large employers. My hope is American people will be the real win- health insurance. that those Members and others will ners today. This bill will guarantee Victory can be expressed by workers, continue to show leadership in the fu- that those who need coverage the most who currently can see a new oppor- ture to find constructive bipartisan so- are not shut out of the system. It is a tunity for themselves and for their lutions in this area. small step forward, but it is a historic families by moving up in terms of the I also regret that this legislation step. And it will mean the world to employment opportunities but hesitate does not include malpractice reforms millions of Americans who will no to do so. They hesitate to attempt to that could significantly lower costs for longer live in fear that they will lose fulfill the great American dream be- consumers. their health coverage when they cause they wonder whether that job Finally, Mr. President, I know many change jobs or lose their job. which is out there and offered to them of my colleagues are disappointed that I urge my colleagues to support the in which they feel they can do a supe- the bill does not do more to help end conference agreement, and to send this rior job may not provide that degree of discrimination against those with men- important measure to the President coverage for a member of their family, tal illnesses. I know that Senator today. for their wife or for one of their chil- DOMENICI and others will speak to that Mr. President, I think many will be dren. As a result, they turn down that issue later. But I would just like to ex- helped by this bill. While it is not a opportunity. The American dream be- press my appreciation to Senator great leap, it is an important, historic comes somewhat more remote and dis- DOMENICI who has devoted his time and step forward in addressing many of the tant to them. heartfelt efforts to achieving legisla- American people’s most pressing con- It is a victory for those older work- tion to address parity in insurance cov- cerns about health care. ers, in my State of Massachusetts and erage for those with mental illness. I yield the floor. around the country who, as a result of We did not do enough in this bill, and The PRESIDING OFFICER. Who downsizing, changes in defense procure- I certainly can understand those who yields time? ment, and changes in our commercial wish we could have done more. How- Mr. KENNEDY addressed the Chair. markets, become down-sized and put ever, the bill does represent significant The PRESIDING OFFICER. The Sen- out, effectively to pasture, and wonder progress for those with mental illness ator from Massachusetts. whether they are going to be able to and other chronic conditions. The bill Mr. KENNEDY. Mr. President, in the acquire any kind of health insurance expressly prohibits employers and in- final moments before we are going to because maybe they are not as phys- surers from denying coverage to indi- have legislative completion of this ically able as they were at an earlier viduals because of preexisting mental Kassebaum-Kennedy bill, I once again period of time. These older workers— illnesses as well as physical illnesses, commend the chairman of our com- who have worked hard, paid their dues and people who suffer with mental ill- mittee, Senator KASSEBAUM, for her over the long period of time and who nesses will be able to change jobs with- leadership and work in fashioning this may be a little ill—now have this anx- out the fear of losing their health cov- legislation, which reflects the strong iety—just when they are looking at erage. bipartisan support of her committee. their golden years in retirement. I also have received letters in recent As she has rightfully pointed out, it It is the entrepreneur, the individual days from nearly 30 groups, including was a year ago today that the com- who wants to start up their own busi- the American Association of Retired mittee reported it unanimously. It did ness but knows that because a member Persons, the American Medical Asso- take us a period of time, some 81⁄2 of their family has some illness, they ciation, the American Hospital Asso- months, before the Senate finally con- are virtually prohibited from acquiring ciation, the American Cancer Society, sidered the legislation, and then passed any kind of health insurance. Today, the Healthcare Leadership Council, the it unanimously. So this does really re- their hopes and dreams are further di- American Lung Association, the Amer- flect an extraordinary legislative minished. ican Heart Association, the March of achievement and accomplishment. When the final vote on the Kasse- Dimes, and others. As we come into the final days and baum-Kennedy is taken later today, it Let me read from one of these let- hours of this part of the Congress, I will pass overwhelmingly. It will pass ters: think all Americans are very much in because it is bipartisan legislation. It The American Cancer Society estimates the debt of Senator KASSEBAUM for all will pass because it is supported by that more than one million people will be di- she has done on this legislation and on over 200 groups in a broad-based coali- agnosed with cancer this year. Ten million many other pieces of legislation, and it tion representing consumers, business,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9503 labor, and responsible insurance com- premiums, they often have to start she applied for coverage under her own panies. It will pass because the con- over again with a new exclusion period policy, she was turned down because ference committee agreed to limit the if they change jobs or lose their cov- she had multiple sclerosis. Her em- controversial medical savings account erage. ployer tried to help, but could not find proposal to a genuine test—not a full- Eighty-one million Americans have an insurer who would insure here. Her blown program—and to accept mean- conditions that could subject them to husband had to cash in his life insur- ingful portability reforms. Most of all, such exclusions if they lose their cur- ance to pay her medical bills. it will pass because the American pub- rent coverage. Sometimes these condi- Tom Hall of Oklahoma City testified lic deserves and demands action. tions make them completely uninsur- before our Committee. He faithfully I want to give special praise to the able. paid for premiums for 30 years under chair of our committee and the leading Insurers impose exclusions for pre- the group policy of the construction sponsor of this bill, Senator KASSE- existing conditions on people who don’t business he co-owned. When the com- BAUM. It was her leadership that re- deserve to be excluded from the cov- pany dissolved and he became self-em- sulted in a unanimous vote from our erage they need. Sometimes, insurers ployed, the same insurance firm re- committee. It was her vision and com- deny coverage to entire firms if one fused to give him coverage because he mitment that made it possible for this employee of the firm is in poor health. had a heart condition. He lives in fear bill to pass the Senate without crip- Even if people are fortunate enough to that his life savings will be wiped out. pling amendments. She was tireless in obtain coverage and have no pre- This legislation is a health insurance her efforts to reach a constructive existing condition, their policy can be bill of rights for Robert Frasher, for compromise to get a bill that all of us canceled if they have the misfortune to Jean Meredith, for Diane Bratten, for can support. As she nears retirement become sick—even after paying pre- Nancy Cummins, for Jennifer Waldrup, from the Senate, this bill is her gift to miums for years. for Tom Hall—and for millions of other the American people. The American One of the most serious consequences Americans as well. people owe her a great debt of grati- of the current system is ‘‘job lock.’’ Those who have insurance deserve tude, and I’m proud to have served Workers who want to change jobs must the security of knowing that their cov- erage cannot be canceled, especially with her on the Labor Committee for often give up the opportunity because when they need it the most. They de- all these productive years. it would mean losing their health in- This bill will end many of the most surance. A quarter of all workers say serve the security of knowing that if serious health insurance abuses and they are forced to stay in a job they they pay their insurance premiums, provide greater protection to millions otherwise would have left—because they cannot suddenly be denied cov- of families. It is an opportunity we they are afraid of losing their health erage or be subjected to a new exclu- sion for a preexisting condition when can’t afford to miss. insurance. The abusive practices addressed by When we originally debated this leg- they change jobs and join another this bill create extensive and unneces- islation on the Senate floor, I spoke of group policy, or when they need to pur- sary suffering. Ending them will bring just a few of the millions of Americans chase coverage in the individual mar- greater opportunity and peace of mind who have been victimized by the abuses ket. This health insurance reform bill cor- to millions of Americans. Twenty-five in the current system. rects these fundamental flaws in the million Americans a year will be Robert Frasher from Mansfield, OH private insurance system. It limits the helped by the provisions of this bill. works for an employer who offers ability of insurance companies to im- health coverage to employees. But the Everyone knows a family member or pose exclusions for preexisting condi- insurance company won’t cover him be- friend who has been hurt because of the tions. Under the legislation, no such cause he has Crohn’s disease. abuses this bill will end. exclusion can last for more than 12 Millions of Americans are forced to Jean Meredith of Harriman, TN and months. Once someone has been cov- pass up opportunities to accept new her husband Tom owned Fruitland ered for 12 months, no new exclusion jobs that would improve their standard USA, a small convenience store. They can be imposed as long there is no gap had insurance through their small of living or offer them greater opportu- in coverage—even if people change business for 8 years. But Tom was diag- nities because they are afraid they will jobs, lose their job, or change insur- nosed with non-Hodgkin’s lymphoma, lose their health insurance. Many oth- ance companies. ers have to abandon the goal of start- and their insurance company dropped The bill requires insurers to sell and ing their own business because health them because they were no longer prof- renew group health policies for all em- insurance would be unavailable to itable insurance risks. Without health ployers who want coverage for their them or members of their families. insurance, Tom Meredith had to wait a employees. It guarantees renewability Parents who have a child with a year to get the surgery he needed. of individual policies. It prohibits in- health problem worry that their son or After spending $60,000 dollars of his surers from denying insurance to those daughter will be uninsurable when they own funds, his cancer recurred and he moving from group coverage to indi- are too old to be covered by the family died a year ago. Tom Meredith might vidual coverage. It prohibits group policy. Early retirees find themselves still be alive today, if he hadn’t been health plans from excluding any em- uninsured just when they are entering forced to wait that year. ployee based on health status. the years of the highest health risks. Diane Bratten from Grove Heights, These rules are important for helping Other Americans lose their health in- MN and her family have insurance people with a wide range of health con- surance because they become sick, lose through her employer. Because of a ditions. They also address the rel- their job, or change their job—even history of breast cancer now in remis- atively new but serious and growing when they have faithfully paid their in- sion, Diane and her family would not concern that genetic screening infor- surance premiums for many years. be able to get coverage if she decided mation will be used to deny coverage With each passing year, the flaws in to change jobs or was laid off. to people who aren’t sick yet—a con- the private health insurance market Nancy Cummins of Louisville, KY cern that prevents many from getting become more serious. More than half of lost her health insurance when her hus- the medical tests that could help pro- all insurance policies impose exclu- band’s employer went bankrupt. When tect them against future illness. sions for preexisting conditions. As a their COBRA coverage expired, they Also, because of this bill, victims of result, insurance is often denied for the were uninsured for 3 years until they domestic violence will know that they very illnesses most likely to require qualified for Medicare. During this pe- can seek help without jeopardizing medical care. riod, she suffered three heart attacks, their insurance coverage. The purpose of such exclusions is rea- which left their family with $80,000 in The bottom line is that this legisla- sonable: to prevent people from ‘‘gam- debts. tion guarantees that no one who faith- ing’’ the system by purchasing cov- Jennifer Waldrup of my home state fully pays their premiums can have erage only when they get sick. But cur- of Massachusetts was covered by her their insurance taken away or pre- rent practices are indefensible. No husband’s health insurance until his existing conditions imposed, even if matter how faithfully people pay their employer went out of business. When they change jobs or lose their job.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9504 CONGRESSIONAL RECORD — SENATE August 2, 1996 There has been a sudden rush in re- sional Budget Office, medical savings themselves. They will get no relief cent day to claim credit for this bill as accounts ‘‘could threaten the existence from this bill. it reaches final action. This is not a of standard health insurance.’’ Too many senior citizens will con- partisan bill. It was developed by a Re- The Republican plan lacked even the tinue to pay more than they can afford publican Senator and a Democratic most basic consumer protections for for the health care they need. Too Senator. Members on both sides of the people who selected MSAs. Deductibles many children will still not get the aisle have made important contribu- could be as high at $5,000 per individual healthy start in life they deserve. tions. But the American people should and $7,500 per family. There was no Across the landscape of America be clear as to who fought to pass this limit on how high their total out-of- there is not a family that has not been bill—and who fought to derail it. pocket costs could rise. affected by some preexisting condition, The Kassebaum-Kennedy bill was ap- The Kassebaum-Kennedy health in- some illness, some disability. There is proved by the Labor and Human Re- surance reform bill is supposed to not a family that does not know a sources Committee on August 2, 1995— make the insurance system better for neighbor or friend that has not been exactly 1 year ago today. It was ap- the American people, not undermine it presented with this kind of fear and proved by a unanimous vote of 17–0. through untested programs or expose anxiety. So, Mr. President, we move this leg- And then it languished for months on people to excessive health care costs. islation forward, and we are very hope- the Senate calendar because Bob Dole But that is exactly what Senator Dole ful that when this measure is actually and the Republican Senate leadership and the House Republicans tried to do. signed by the President of the United tried to kill it by a system of rolling, When medical savings accounts were States, we will be helping to lift that proposed on the Senate floor, Senator anonymous holds. In fact, it would still sense of anxiety and fear and frustra- Dole led the effort—and was soundly be on the Senate calendar today, if it tion from among our fellow Americans had not been for the courageous leader- defeated. when they have been turned down by House Republicans also demanded ship and timely intervention of Presi- the fiercest and most abusive policies dent Clinton. other protections for the insurance in- of insurance companies. Let there be no mistake about the dustry that would have made a mock- We know that this legislation is not facts. This bipartisan bill was passed ery of the entire bill. Under their pro- going to resolve all the problems, but because President Clinton led an all- posal, the promise of portability be- there will be those families, there will out effort. And it almost died because came a hollow one. Insurance compa- be those parents, there will be the Bob Dole and the Republican leader- nies could offer only one policy to sick members of the family, there will be ship tried to kill it. They blocked it for people at a prohibitive cost. A family the older worker, there will be the en- months because they were more con- plan would have cost $18,000 a year trepreneur who will know they can cerned about the profits of insurance under the Republican plan. look to the future with additional hope companies than the health care of This scheme would have been a setup and anticipation in fulfilling the Amer- America’s families. The party that for the insurance industry and a set- ican dream. tried to slash Medicare was at it again. back for health reform, if Democrats So, although this is not all of what President Clinton’s eloquent call for had not stood firm. The intransigence some of us may have wanted, this is a action on the bill in the State of the of the House Republican leadership meaningful, important piece of legisla- Union Address on January 23d this year stalled the bill until July 25—4 months tion that can make an extremely im- was the trumpet that blew down the after it passed the Senate. Until the portant and significant difference in wall of Republican obstruction. The last day of the conference, they contin- the quality of life for our fellow Ameri- President focused the attention of both ued their attempt to undermine the cans. The passage of the legislation is the press and the public on the legisla- portability provisions. Because Presi- the beginning of a journey, not an end. tion—and on the secret maneuvers that dent Clinton and Congressional Demo- Next year I hope, under President were stabbing it in the back. The ob- crats stood firm, the American people Clinton’s leadership, and I would say a struction failed. President Clinton’s are the winners. Democratic Congress, we will take the State of the Union Address lit a fire Obviously, this bill is not a cure-all next step forward toward assuring that Bob Dole couldn’t extinguish. for the health care system. But it is an every American family the basic right Two months later, on February 6, important first step on the road to fur- to health care. Bob Dole agreed in principle to let the ther reform. Mrs. KASSEBAUM. Mr. President, I bill come before the Senate. At that We all know the problems that con- agree with the ranking member of the time, hardly by coincidence, he was in tinue to exist. Between 1990 and 1994, Labor Committee on some things. But the middle of a difficult campaign in the number of uninsured Americans the last part of his statement I would, the New Hampshire primary. rose 18 percent—from 34 million to 40 perhaps, have to have some question And even after he agreed in principle million citizens. The average person about. to bring up the bill, he still managed to who becomes uninsured today will stay I yield 5 minutes, now, to the chair- postpone action for more than 3 uninsured twice as long as in the 1980s. man of the Finance Committee, Sen- months—until April 18—so that insur- According to a recent study, the num- ator ROTH. Mr. DOMENICI. Mr. President, I ask ance companies who profit from the ber of uninsured could rise by another if the senior Senator from Kansas will abusive practices of the current system two-thirds—to 67 million Americans— yield to me for 10 seconds? would have more time to organize their over the next 7 years. The percentage Mrs. KASSEBAUM. I will so yield. opposition and prepare their poison of Americans with job-based insurance Mr. DOMENICI. Senator KENNEDY, I pills. will fall from 61 percent in 1989 to 45 know your desire for next year, but I One of the poison pills was medical percent by 2002. would remind you, you had the Senate savings accounts [MSAs]. The House These trends will not change because and House for 2 years with the Presi- and Senate Republicans tried to force of the legislation we are enacting dent, and you did not get anything Congress to swallow that pill, even today. Too many families will still be done with health care. I yield the floor. though it would clearly jeopardize pas- just one pink slip away from losing Mr. KENNEDY. Mr. President, I sage of the entire reform. This radical their coverage. Too many families would like to yield to myself. I think I and untried concept was fueled by lav- forced into unemployment or retire- have a right to recognition— ish campaign donations from the Gold- ment by corporate downsizing will not The PRESIDING OFFICER (Mr. en Rule Insurance Company—one of be able to afford the insurance they SANTORUM). The Senator from Massa- the worst abusers of the current health need—even if they cannot be denied the chusetts should be warned the Senator insurance system. Authoritative, inde- right to purchase it simply because from Kansas yielded to the Senator pendent analyses of the concept warned they are ill. from Delaware. that widespread use of medical savings Tens of millions of other Americans Mr. ROTH. Mr. President, today we accounts could easily drive up pre- have no coverage today because they fulfill a promise to the American peo- miums for other citizens by 60 percent work for employers who won’t provide ple. We bring greater security to Amer- or more. In the words of the Congres- it and because they can’t afford it ican families. We offer peace of mind to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9505 hard-working, responsible men and Along with providing these tools, health conditions. These were the areas women who are providing for them- this legislation improves the Medicare in which there was by far the greatest selves and for their families. and Medicaid programs and the private consensus when the President’s health There has been no question on either health care system through uniform care legislation was considered in the side of the aisle—or throughout Amer- standards that will cut out much of the Finance Committee in 1994, and I am ica—about the need to make necessary redtape in health care. pleased that agreement has been improvements in our health care sys- It is important to note, Mr. Presi- reached to make these changes. tem. dent, that this bill does not pre-empt However, I am not pleased with the The improvements in this legislation State privacy laws. Instead, it provides resolution of another issue in this bill: primarily focus on making health care protection for an individual’s health the provision to prevent persons from coverage accessible and affordable. It information. renouncing their American citizenship goes without saying that we have the Each of these changes represents a and moving abroad in order to avoid highest quality of care, the best tech- significant improvement over current U.S. taxation. That dubious practice nology, the finest health care per- law. Combined they represent a strong has come to be called ‘‘expatriation’’ sonnel found anywhere in the world. first step toward reforming America’s among members of the tax bar, al- Our objective, then, is to initiate fun- health care delivery system in a way though that is not a very illuminating damental reforms in access to health that improves without destroying. And term. The word expatriate derives from care without doing irreversible harm to this is critically important to the the Late Latin expatriare, to banish. quality, research and technology. This American people. Ex, out of. Patria, native country. Per- legislation is an excellent first step to- Two years ago they rejected the haps a term that better reflects the tax ward accomplishing our objective. wholesale restructuring of our health consequences of the issue will emerge Unlike the health care reform effort care system. They understood that re- in time. made 2 years ago, this legislation does form, as it was proposed then, was The conference report on the health not harm the system in the process of throwing the baby out with the bath legislation before us today contains as reforming it. water. It was tampering dangerously a revenue offset the House expatriation Rather, this legislation meets the with one-eighth of our Nation’s econ- version, rather than the Senate provi- most pressing needs associated with re- sion. The Senate provision also was in- form: Increased portability; limita- omy, and a system that had the highest cluded in the small business tax relief tions on pre-existing conditions exclu- standards of quality in the world. What legislation marked up by the Finance sions; guaranteed renewability of we do with this legislation is make the Committee on June 12, but it was later health care insurance; and, improved reforms they want—the reforms they dropped in the conference on that legis- means for small businesses and self- need—without destroying all that is employed individuals to provide health good and working in the current sys- lation. I am convinced that the House care coverage, including long-term tem. proposal will leave in place a con- care. With this Health Insurance Port- tinuing tax incentive to renounce citi- I want to particularly thank Senator ability and Accountability Act, we zenship in order to evade taxes. This issue gained notoriety in late MCCONNELL for his leadership and ac- keep our promise. We effectively ad- tive participation in these reforms, es- dress the problems facing the Nation’s 1994, when expatriation by several very pecially in the area of long-term care. health care system in an incremental wealthy individuals was widely re- Likewise, I want to acknowledge the fashion. ported. On April 6, 1995, shortly after work done by Senator COHEN toward I am honored to be a part of this mo- the issue arose for the first time in preventing health care fraud and abuse. mentous effort—I appreciate all the Congress, I introduced S. 700, a bill to I want to thank Senator GRASSLEY for work that’s been done by valiant staff close the loophole in the Tax Code that the work he has done in the area of co- members—and I am heartened by the permits ‘‘expatriates,’’ as they have ordination and duplication of Medi- positive, bipartisan way in which we come to be called, from escaping U.S. care-related plans, and Senator BOND have succeeded. taxation. who has been instrumental in his work I yield the floor. Although expatriation to avoid taxes for administrative simplification. Mr. KENNEDY. Mr. President, I yield occurs infrequently, it is a genuine This has certainly been a team ef- myself 1 minute. abuse. The Tax Code currently con- fort—a valiant effort by Senators and I am very, very surprised at my good tains provisions, dating back to 1966, hard-working staff. I am proud of what friend from New Mexico, talking about intended to prevent tax-motivated re- we have accomplished. Beyond the crit- what has been achieved, that this has linquishment of citizenship, but these ical reforms I have already outlined, only been achieved under a Republican provisions have proven difficult to en- this legislation also takes a very im- Congress. Where were the Democrats? I force, and they are easily circumvented portant first step toward a program will tell you where the Democrats were with the assistance of resourceful tax that I have long advocated—that is the not. They were not cutting Medicare counsel. One international tax expert medical savings account. Medical sav- and cutting Medicaid so we could have described avoiding them as ‘‘child’s ings accounts provide a fundamental tax breaks for the wealthiest individ- play.’’ Under current law, individuals way to make health insurance afford- uals in this country. And where the may, by renouncing their U.S. citizen- able to small business employees and Democrats were not is waiting 81⁄2 ship, avoid taxes on gains that accrued self-employed individuals, and this bill months to bring this bill up, which the during the period in which they ac- provides for a 4-year demonstration Republicans are crowing about at this quired their wealth—and while they project—a project in which self-em- time. That is where the Democrats were afforded the many benefits and ployed individuals and companies of 50 were. advantages of U.S. citizenship. Even or fewer can participate. I yield 5 minutes to the Senator from after renunciation, these individuals Mr. firm belief is that this project New York. are permitted to keep residences and will prove the success of medical sav- The PRESIDING OFFICER (Mr. reside in the United States for up to 120 ings accounts, and we will then be in a BURNS). The Senator from New York is days per year without incurring U.S. strong position to provide MSA’s for recognized. taxes. Indeed, certain wealthy Ameri- Americans everywhere. Mr. MOYNIHAN. I rise in support of cans have ‘‘expatriated’’ while still Beyond these important reforms, this the Health Insurance Portability and maintaining their families and homes legislation also helps control the cost Accountability Act of 1996. It makes in the United States. They need only associated with health care by creating elemental and much-needed improve- take care to avoid being in the United new tools in our fight against health ments in health care coverage for States for more than 120 days each care fraud and abuse. While I would Americans by guaranteeing ‘‘port- year. like to see our efforts to control fraud ability’’ of health insurance for em- Meanwhile, ordinary Americans who and abuse go much further, the provi- ployees who change jobs, and by elimi- remain citizens continue to pay taxes sions in this bill represent a good start- nating the current practice of denying on their gains when assets are sold, or ing point. coverage to persons with preexisting when estate taxes become due at death.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9506 CONGRESSIONAL RECORD — SENATE August 2, 1996 I regret to say that the expatriation perts. Opinions concluding that the ex- Shortly thereafter, on June 9, 1995, issue has been and, in light of the deci- patriation provision did not violate Chairman ARCHER introduced an expa- sion taken by the conferees on the international law were received from triation bill that adopted a different health insurance reform bill, may con- Professor Detlev Vagts of Harvard Law approach than S. 700, which was the tinue to be the subject of more con- School and Professor Andreas F. bill introduced by the Senator from troversy than it probably deserves. In Lowenfeld of New York University New York. A second Finance Com- the interest of making the record com- School of Law. The State Department mittee hearing on expatriation was plete, I will briefly review the history issued a lengthier analysis supporting held on July 11, 1995 to consider the of the issue’s consideration in the Con- the legality of the provision, and the two competing approaches. The Senate gress. American Law Division of the Congres- thereafter incorporated in its version On February 6, 1995, the President an- sional Research Service reached a like of the Balanced Budget Act of 1995 a nounced a proposal to address expatria- conclusion. slightly modified version of the bill I tion in his fiscal year 1996 budget sub- However, there were contrary views, introduced. The Senate bill adopted the mission. Three weeks later, on March most notably the powerful opinion of accrued gains approach rather than the 15, 1995, during Finance Committee Professor Hurst Hannum of the Fletch- House alternative as the superior re- consideration of legislation to restore er School of Law and Diplomacy at sponse to the problem. However, the the health insurance deduction for the Tufts University, who first wrote to me House prevailed in conference and a self-employed, I offered a modified on March 24, 1995. version very similar to the Archer bill version of the administration’s expa- This is where things stood when the was included in the final Balanced triation tax provision as an amend- House-Senate conference met on March Budget Act of 1995, which was later ve- ment to the bill. My amendment would 28, 1995. At that time, the weight of au- toed by President Clinton. have substituted the expatriation pro- thority appeared to support the valid- That same House provision has now posal for the repeal of minority broad- ity of the provision under international been incorporated in the conference cast tax preferences as a funding law, yet very real questions remained agreement before us on the health in- source for the bill. The amendment unresolved. The underlying bill had to surance reform bill. failed in the face of united opposition move at great speed. As my colleagues Adoption of the House expatriation by members of the majority on the well know, the legislation restoring the proposal rather than the Senate pro- committee. The vote against the health insurance deduction for the self- posal is being justified, in part, based amendment was 11–9. employed for calendar year 1994 had to on the fact that the Joint Committee Later in the markup, Senator BRAD- be passed and signed into law well in on Taxation has scored it as raising LEY offered the expatriation provision advance of the April 17, 1995 tax filing substantially more revenue than the as a free-standing amendment, with deadline, so that self-employed persons Senate version. These revenue esti- the revenues it raised to be dedicated would have time to prepare and file mates are difficult to believe, because to deficit reduction. Senator BRADLEY’s their 1994 tax returns. almost any member of the tax bar amendment was adopted by voice vote. The conference committee had to de- would concede that the Senate pro- After the Finance Committee re- cide immediately whether to retain the posal would deter tax-motivated expa- ported the self-employed health deduc- expatriation provision. There was no triations far more effectively than the tion bill, but before full Senate action time for further inquiry into its valid- House proposal. In contrast to the and before our conference with the ity under international law. We accord- Joint Tax Committee, the Treasury House, the Finance Committee held a ingly chose not to risk making the Department estimates that the Senate hearing to review further the issues wrong decision, which might violate proposal would raise substantially raised by expatriation. At our hearing, international law and human rights. more revenue than the House version. we heard criticisms of some technical We elected not to include the provision This comports with the views of most aspects of the provision, as well as tes- in the conference report. The conferees tax experts. timony raising the issue of whether the instead adopted a provision directing Here is why I believe the House pro- provision comported with Article 12 of the Joint Committee on Taxation to vision is unsatisfactory. Under the the International Covenant on Civil study the matter and report back. Senate provision, an expatriate with a and Political Rights, which the United That decision, which was the only net worth of over $500,000 (or average States ratified in 1992. Section 2 of Ar- prudent one at the time, was met with annual tax liability in excess of ticle 12 states: ‘‘Everyone shall be free some not very pleasant criticism in the $100,000) generally would be taxed on to leave any country, including his Senate. This was surprising, since I be- his asset appreciation existing at the own.’’ lieved it was axiomatic, particularly time of expatriation. Alternatively, an Robert F. Turner, a professor of on our side of the aisle, that Govern- expatriate could elect to continue to be international law at the U.S. Naval ment should proceed with great care taxed as if a U.S. citizen—i.e., to be War College, testified that the expa- when dealing with human rights—par- subject to worldwide tax on his assets triation provision was problematic ticularly the rights of persons who are until their disposition. The provision under the Covenant because it con- despised. The persons affected by the also offers alternatives for delayed stituted a legal barrier to the right of expatriation proposal—millionaires payment of the tax on accrued gains, citizens to leave the United States. The who renounce their citizenship for with interest. State Department’s legal experts dis- money—certainly fell into the category Rather than impose a tax on accrued agreed, as did two other outside ex- of persons who are easy to despise. gains, the House bill attempts to build perts who provided written opinions to Since that time, a general consensus on the current law approach of taxing the committee: Professor Paul B. has developed that the Senate provi- only a portion of the income generated Stephan III, a specialist in both inter- sion does not conflict with the obliga- by assets of expatriates during the 10- national law and tax law at the Univer- tions of the United States under inter- year period following expatriation. sity of Virginia School of Law; and Mr. national law. Professor Hannum, after This approach will fail to eliminate the Stephen E. Shay, who served as Inter- receiving additional and more specific very substantial tax advantages that national Tax Counsel at the Depart- information about the expatriation currently inure to persons willing to ment of the Treasury under the Reagan tax, wrote a second letter on March 31, give up their citizenship. administration. 1995 stating that he was ‘‘convinced Under the House proposal, several Given this division in authority, it that neither its intention nor its effect categories of taxpayers would continue seemed clear that the Senate should would violate present U.S. obligations to owe no tax at all should the IRS be not act improvidently on the matter. under international law.’’ And in the unable to prove a ‘‘tax avoidance mo- Genuine questions of human rights interim, there has been time to con- tive’’ for expatriating. As under cur- under international law, and the sol- sider other approaches to the problem. rent law, patient taxpayers would emn obligations of the United States On June 1, 1995, the Joint Committee avoid all tax on accrued gains by sim- under treaties, had been raised. We on Taxation published its report on the ply holding their assets for ten years. therefore sought the views of other ex- tax treatment of expatriation. Gains recognized after that period

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9507 would never be taxed by the United majority members of the conference. To which I said, ‘‘You have not read States. A wealthy expatriate needing Subsequent proposals by Senator my amendment, and most of the men- money during the 10-year period could DOMENICI to scale back the parity re- tally ill people that I am seeing and simply borrow money using his or her quirement even further were also re- have become friends with over the last assets as security. jected without the benefit of consider- 15 years, whose children have manic de- Under the House provision, no tax at ation by Senators appointed to the pression, deep depression, schizo- all would be owed on income or gains conference, or even by our staffs. After phrenia or one of the serious, serious from foreign assets following expatria- the initial meeting of the conference in mental diseases which are almost uni- tion, as under current law. Given the the Ways and Means room on July 26, versally accepted as being diseases of enormous incentive to own foreign as- 1996, the conferees were never assem- the brain—you would not be talking sets, experienced tax practitioners bled to discuss this or any of the ele- about shrinks when it comes to the would continue to find ways to convert ments of the final conference agree- kind of treatment and care that psy- U.S. assets into foreign assets in order ment. chiatrists, who have already disavowed to avoid tax on the income earned dur- For these reasons, I chose not to sign Freud’’—and I might say to my friend ing the 10-year period. the conference report on this legisla- from New York, I am not reluctant to The House approach also would risk tion. We could have done better on ex- tell the psychiatrists in America that I nonpayment of amounts owed, as it re- patriation, and on mental health par- believe Freud is dead and that the lies on the voluntary payment of taxes ity. Even so, I am prepared to vote for treatment of mentally ill people does for 10 years following expatriation, this legislation because its central fea- not require 50 visits to the ‘‘shrink,’’ so well after the taxpayer has moved be- tures—the health insurance reforms— to speak, but it does require that quali- yond the reach of U.S. courts. In con- are important and overdue. I congratu- fied doctors and health care centers di- trast, the Senate version generally late Senators KENNEDY and KASSEBAUM agnose and treat the severe mental ill- would not require looking beyond the for their hard work and persistence on nesses as diseases. facts at the time of expatriation, mak- this legislation, and I urge its adop- All we ask for in this bill, of all the ing it much more likely that taxes tion. things we could have asked them to owed would be collected. Further, tax- The Presiding Officer. The Senator provide, we asked for two things, and payers would be required to provide se- from Kansas. listen carefully, I say to my fellow Sen- Mrs. KASSEBAUM. Mr. President, I curity for delayed payment of taxes. ators, because we are going to do this Another flaw in the House bill is that know the Senator from Iowa, [Mr. sooner or later. We said, if you provide it will unilaterally override existing GRASSLEY] had wished to speak, be- mental health coverage, you must pro- tax treaties. In its report on expatria- cause the State of Iowa has done some vide the same lifetime coverage as you tion, the Joint Tax Committee staff very innovative things regarding the do for everybody else covered, the same stated that the House version may ulti- question of health care insurance, but total lifetime coverage and the same mately require that as many as 41 of we are running out of time. He is going annual coverage. That is all we asked our 45 existing tax treaties be renegoti- to address his full statement and make for. ated and that it might be necessary for it a part of the RECORD at some point We did not ask, nor did we say, that the United States to forego benefits to as we find time at the close of this de- for those who are worried about the accomplish renegotiation. bate. I would like to right now, though, shrink, we did not say that you had to As the first Senator to have intro- yield 15 minutes to the Senator from cover that. In fact, it is clear that they duced legislation to end tax avoidance New Mexico [Mr. DOMENICI]. by so-called expatriates, and as one The PRESIDING OFFICER. The Sen- could require any kind of copayments who urged that it be acted upon expedi- ator from New Mexico is recognized for they want. They could require a num- tiously, I am disappointed that the ex- 15 minutes. ber of visits being exempt from cov- patriation changes I have sought, and Mr. DOMENICI. Mr. President, I say erage, if that is what worries them. All that have been passed by the Senate on to my friend from Massachusetts, we we said is if you cover them, don’t dis- three separate occasions, have been set may not agree on the issues we just criminate against them, and then when aside in favor of far less effective meas- spoke of, but we agree on the issue I they are in the fourth year of a serious ures. I believe the honor of the tax- am going to speak of, and for that I illness say, ‘‘Oops, there’s no more cov- writing committees is at issue here. thank him. erage, we only gave you $50,000 worth The action taken today will allow this Mr. President, I say to my fellow of lifetime coverage.’’ issue to fester for some time to come Senators, about 8 months ago, I went Incidentally, that is ordinary for because the new rules will not measur- to a meeting in Gallup, NM, at an In- American insurance today. While they ably reduce the tax advantages of expa- dian hospital. I noticed sitting in the cover the other ones for $1 million if triation. audience a very, very handsome Indian you have cancer or heart trouble or On another matter, I also wish we woman. My guess is that she was prob- you have a transplant—$1 million—in could have addressed the issue of men- ably 55, 58 years of age. And she stood the same policy, they cover mental ill- tal health parity in this conference re- up and said, ‘‘Thank you, Mr. DOMEN- ness, however, $50,000 for your life. If port. In April, I voted for the Domen- ICI.’’ that is not discrimination, I have never ici-Wellstone amendment to the Senate I said, ‘‘What are you thanking me seen it, and if that is not a denial by version of the underlying bill. It would for?’’ And she began to cry. our community of a reality and hiding simply have required health plans to When she finished, she said, ‘‘Thank your head, then I cannot believe it. provide coverage of mental health serv- you for asking the Indian Health Serv- I honestly believe that the mentally ices equal to that provided for acute ice to give the modern drug called ill should get more protection than medical services. The amendment got Clozaril to my schizophrenic son. He these two components of what we of- 65 votes. has been catatonic for 22 years. And fered the conferees by way of resolu- Subsequent scoring of the amend- thank you for giving him back to me. tion, and I might say, none of my re- ment by the Congressional Budget Of- He is home now, and he is performing marks are directed to Senator KEN- fice determined that it would be rel- on almost a hundred percent in my NEDY, Senator MOYNIHAN, or Senator atively expensive. Senators DOMENICI house.’’ KASSEBAUM. I believe we would have re- and WELLSTONE then prepared a scaled- Frankly, I did not deserve the acco- ceived this treatment had they been down version of their amendment lade, but I was on a TV show just yes- the ones making the decision. which would have required health plans terday about the issue of ‘‘should we But I will say to the American busi- to provide equal treatment only of an- stop discriminating against people like ness community, you have some lobby- nual and lifetime limits. This alter- that young Indian boy who is not on ists representing you that it seems to native would have cost approximately Indian health coverage,’’ and a rep- me, at least, when they once get a set one-tenth of what the original amend- resentative of business said to me, of facts in their heads, they forget to ment would have cost. ‘‘Well, you just want to provide money use their brains. And so what they say Unfortunately, this modest revised for all these ladies that want to go see is, what DOMENICI offered with proposal was also unacceptable to the their shrinks.’’ WELLSTONE on the floor cost too much.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9508 CONGRESSIONAL RECORD — SENATE August 2, 1996 And then I say, ‘‘Did you look at capital of this country, to be listed as Mr. ROCKEFELLER. I thank the what we offered in compromise?’’ a cosponsor? Senator from Massachusetts. ‘‘What compromise?’’ While they Mr. DOMENICI. You have it. I just simply say this. This is not have been saying in the newspapers it Mr. KENNEDY. Will you be kind small, this legislation, Mr. President. will bankrupt them. enough to include me as a cosponsor? It is not universal health coverage, but Frankly, there are many great Amer- Mr. DOMENICI. Senator KENNEDY, it is going to affect between 25 and 30 ican businesses toward which these Senator GRASSLEY, Senator KASSE- million Americans, and about 300,000 comments are not directed. There al- BAUM, I am delighted. West Virginians. And it is extraor- ready are major ones that cover with The PRESIDING OFFICER. Without dinary that it is being done. full parity, not just parity of annual objection, it is so ordered. Usually, in the past, we have passed a Mr. DOMENICI. Mr. President, I send and lifetime caps, and I do not address bill or tried to, and then failed. We the bill to the desk and ask it be re- these remarks at them. But I submit, have backed away from action. This ferred to the appropriate committee. you have to face up to reality and get The PRESIDING OFFICER. Without year we did not. Because of Senator away from the fear that comes with objection, the bill will be received and KASSEBAUM and Senator KENNEDY, we talking about people who have severe will be referred. came forward and we took on a hard mental illness and the trepidation and Mr. DOMENICI. I would be remiss if job. And they did it. And they deserve consternation. Just look around your I did not thank a lot of Senators, be- enormous praise. neighborhood, for the CEO’s of Amer- cause many have been asked about this It means that I am going to be able ican companies, look among the hier- and many are going to support this. to call Karen McPeak, who I spoke archy of your company, and if you I want to say this is a great bill, the with today. She and her husband have don’t find somebody who has a relative bill we are going to pass today. two children, two boys. They have hep- with schizophrenia or severe manic de- I just want to make one reminder atitis and hemophilia. They were mak- pression or severe clinical depression again to those who oppose the bill that ing $80,000 a year between them, had or bipolar illness, then you are a rare, I sent to the desk. There are some rep- two cars, a house, savings, the rest of rare exception to the society of the resenting the business and insurance it. United States, because that is the way who say they do not want any man- Because they could not get their two it really is. dates. What is the bill we are passing boys insured because they had pre- I have been privileged to meet thou- today? What is the bill we are passing existing conditions, they went through sands of relatives of the severely men- today? Is it not a mandate? Of course it their savings, they then lost their tally ill of this Nation. We think at is a mandate. house, they lost both their cars, they any given time there are between 3 and Let me tell you, nobody is even talk- then gave up their jobs. They went on 5 million people with severe illnesses. ing about the cost anymore because it Medicaid in order to take care of their Frankly, I want to send them a little is so right. But it will cost a lot more two sons, all of this because they are ray of hope. I don’t want them to think than what that little bill Domenici good parents. And that is the only way we are going to remain as we have been sent to the desk will cost. To spread open to them in the system today. forever. the risk of preexisting conditions is This bill will change forever what So, today, with the Senate’s permis- going to cost a lot of money, but we will happen with the McPeak family. sion, I ask unanimous consent that I be think it is the right thing to do. Some- The children will be covered. The par- permitted to send a bill to the desk and how they do too, the business commu- ents will be able to go back to the life that it be reported to the appropriate nity and the insurance community. So that they knew. This couple is only one committee. I do not ask for any special let me now yield the floor and say, I of those in West Virginia. And I rejoice favors today. But it is very simple. am very, very grateful for the chance along with them. All it says is if employers and the in- to present this again, soon. And I I close by simply saying this. I can surance community cover the mentally thank Senator KASSEBAUM for yielding report back to West Virginians now ill, they can set whatever standards me time. that we have branded a preexisting The PRESIDING OFFICER. Who they want. They can deny coverage for condition something which insurance yields time? the first 10 visits to a medical doctor Mr. KENNEDY addressed the Chair. companies will insure. The portability psychiatrist if they choose, but they The PRESIDING OFFICER. The Sen- of health insurance from one job to an- cannot say that your total lifetime ator from Massachusetts. other is something which we will vote coverage is any different than the cov- Mr. KENNEDY. Mr. President, I just on and make the law of the land. erage for the other more well-known want to join what I know is the over- I know there have been difficulties. I and longer defined physical ailments, whelming number of Members here in know there have been disputes. But and the same with the annual pay- saluting the Senator from New Mexico today I think it is important to cele- ment. as well as our good friend from Min- brate what it is that we in fact have That is the bill I am sending, with nesota, Senator WELLSTONE. I think actually done. And then tomorrow let my observations. This is for Senator many of us still remember the elo- us move on to the broader field of uni- WELLSTONE and about eight other Sen- quence with which the Senator made versal health care coverage in one way ators who join me, and Senator MOY- his impassioned plea when the Senate or another. But let us do that. NIHAN joins now. I am asking Senator debated his amendment. He has been I have no way of expressing my re- KASSEBAUM and Senator KENNEDY to committed and dedicated to the sen- spect to the Senator from Massachu- hold hearings as soon as we come back sible and responsible health policy that setts and the Senator from Kansas, in September, and I believe they are includes mental illness. And he is abso- both of them giants on this. And Amer- going to. lutely correct. ica and West Virginia are better off. That means we are going to bring I look forward to working closely And I am very proud to be associated this little bill out of that committee, with the Chair, Senator KASSEBAUM, to with voting for this bill. I thank the hopefully with their support, and we move that legislation out and look for- senior Senator from Massachusetts and are going to present it again, even in ward to standing side by side with him yield the floor. September, when we are trying to get as we hopefully will pass that legisla- The PRESIDING OFFICER. Who out of here. tion. I think he has done a great serv- yields time? So for those in the business commu- ice for the Senate. I join in com- Mr. KENNEDY. I yield 3 minutes to nity who think they have seen the last mending him for his eloquence, as well the Senator from Connecticut. of this, just get those fellows ready for as Senator WELLSTONE. I see the Sen- The PRESIDING OFFICER. The Sen- September so they will have something ator from West Virginia, Senator ator from Connecticut is recognized. to do around here. ROCKEFELLER. I yield the Senator 3 Mr. DODD. Thank you, Mr. Presi- Mr. DODD. Will my colleague yield? minutes. dent. Mr. DOMENICI. Yes, I yield. The PRESIDING OFFICER. The Sen- Mr. President, let me begin by quick- Mr. DODD. Will you allow the Sen- ator from West Virginia is recognized ly commending our colleague from New ator from Connecticut, the insurance for 3 minutes. Mexico, who has now left the floor. But

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9509 I just want to associate myself with his larity between these two proposals and overcome, apparently. That is a very remarks and, as he mentioned at the bills. By the stroke of a pen, Lyndon sobering fact. time, to become a cosponsor of his bill. Baines Johnson, on that day in 1965, by I know my colleagues will not give And I deeply appreciate his efforts and the stroke of a pen, he literally placed up this fight, none of us will, even the efforts of Senator WELLSTONE on millions and millions of people beyond though this singular battle has been behalf of the mentally ill in this coun- the fear of a health care crisis. The lost. I pledge I will continue to assist try and their families. mere stoke of his pen enfranchised mil- them. There is a great deal of work to I am sure I speak for many of our col- lions of people and protected them be done in educating and enlightening leagues here when we commit to him from health care crises. the American people on the realities of and others that worked so hard on this Today when we pass this bill—and mental illness. that this will be a priority, and as the within days or hours, I hope, the Presi- It is troubling and disturbing to me Senator from New Mexico stated so dent of the United States, President that there still continues to be this eloquently, it will happen, and will Clinton, who has been such a strong stigma associated with mental illness. pass. We regret that it is not happening supporter of this effort, will sign this The unspoken message here is that today. legislation into law, and 25 million people afflicted with mental illness are Second, Mr. President, while we are Americans immediately will be pro- somehow not as worthy of treatment as still a number of weeks away from this tected, immediately protected. There those afflicted with cancer or heart dis- Congress adjourning sine die, I want to is no requirement that we go through a ease or other physical ailments. No one use the opportunity here today to say lot of agency activity and bureaucracy in this Chamber would consciously ever to our colleague from Kansas—and I do and regulations. But merely by passing say such a thing, but this is the mes- this with some reluctance because I do this law and signing his name, we will sage we are sending through our ac- not want her career to be placed in relieve the fear and burden for 25 mil- tions. jeopardy by having the general chair- lion Americans. And for that I say, a That is why it is so important for man of the Democratic National Com- deep sense of thank you to Senators this Congress to revisit this important mittee commending her too flowingly KASSEBAUM and KENNEDY for their ef- issue. We should certainly not let this and put her in some jeopardy with her forts and their battle. Thank you. bill and its silence with respect to men- constituency—but this is yet one more Mrs. KASSEBAUM. Mr. President, I tal health be any kind of final word on example of her leadership, this piece of very much appreciate the thoughtful this issue. We will revisit this one in legislation. comments of the Senator from Con- September. It is entirely fitting and proper that, necticut who has been a very dedicated I commend my colleague from New in fact, her name is so closely associ- member of the Labor Committee, who Mexico, and again thank Senator ated with this bill, as it has been with has worked to get this accomplished KASSEBAUM and Senator KENNEDY for so many pieces of legislation over her from the very beginning. I appreciate this remarkable work product which career that have benefited so many his valuable support and efforts. we all deeply appreciate. millions of people in this country and I now yield 3 minutes to the Senator Mr. KENNEDY. Mr. President, how abroad. I am very proud of the fact from Wyoming, Senator SIMPSON. much time remains? that this last day before we adjourn for The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- several weeks that we are completing a ator from Wyoming is recognized for 3 ator has 5 minutes and 19 seconds. piece of legislation that bears her minutes. Mr. KENNEDY. I yield 3 minutes to name, and that millions of people, mil- Mr. SIMPSON. Mr. President, I the Senator. lions and millions of people, will be thank my colleague from Kansas who Mr. CONRAD. I thank the Chair. benefited as a result of this effort. came here when I did. We exit together Kennedy-Kassebaum—what a team. Second, Mr. President, it is hard to as we entered together. It has been a What an achievement—25 million peo- mention the subject of health care at great privilege to serve with this re- ple protected because, working to- any point over the last three decades markable woman and see the legisla- gether in a bipartisan way, they have and not mention the name of the co- tive history that she leaves; and my broken the gridlock here in Wash- sponsor of this bill. For more than 30 friend from Massachusetts, too, who I ington. years every single major effort, every have enjoyed thoroughly in my time NANCY KASSEBAUM, who always ex- single major effort that I can think of here, even though certainly there are hibits grace, civility, and decency, and that involved improving the quality of times when he tests every bit of my pa- TED KENNEDY, an absolute lion in this health care for Americans has borne tience, and on more than many occa- Chamber on whatever issue he decides the name of EDWARD M. KENNEDY. sions. But I will miss him, too. I com- to weigh in on, thank goodness they It is certainly no accident that this mend them both. weighed in on these issues of port- piece of legislation bears his name as I just want to briefly follow up on the ability, so the people, when they well. It is not an abstraction, this ef- comments of the Senator from New change jobs, can take their health in- fort. He knows painfully with his own Mexico. I had made some comments surance policy with them. And pre- family and children how difficult these yesterday about my disappointment existing conditions—millions of Ameri- issues can be. I am just proud that this with one aspect of this conference re- cans will no longer be precluded from body finally acted after so many port. We have had such a productive coverage because of a preexisting con- months, months that in my view week here, and on so many things. But dition. This Senate should thank you should not have been wasted in dealing I do feel a sense of real hollowness over both. America should thank you both. with an issue that should have joined the failure to include even some mod- I would be remiss if I did not register every Member of this body, regardless est version of the mental health parity disappointment, as well, because we did of party and ideology, to support the in this bill. pass on the floor of the U.S. Senate by simple propositions that people with I am a cosponsor and I spoke on the a vote of 68 to 30, a sweeping change, to preexisting conditions, that people who bill originally when it passed here 68– say that those who suffer from mental lose jobs ought to be able to carry with 30, a sweeping definition there, when it illness will not be discriminated them the basic kind of health care that was approved. Senators DOMENICI and against. A mental illness should be would relieve them and their families WELLSTONE worked doggedly trying to treated the same way as a physical ill- of the stark fear of being caught in the assure that at least some limited form ness. cracks, of being uncovered, at the time of that amendment came through this Mr. President, 68 to 30, this Senate of a medical crisis. process. It had been my privilege to as- spoke with their votes and said, ‘‘No It was 31 years ago, Mr. President, sist them in that cause. They have more discrimination.’’ Yet, when we that Medicare became the law of the worked very hard. look at what came back from con- land. Obviously, that piece of legisla- The events of the last few days show ference, through no fault of the Sen- tion was in many ways far more com- again that the wall of discrimination ator from Massachusetts and through prehensive than the Kassebaum-Ken- against the mentally ill is very real. It no fault of the Senator from Kansas, nedy legislation. But there is a simi- is still too powerful for any of us to what came back from the conference

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9510 CONGRESSIONAL RECORD — SENATE August 2, 1996 committee on mental health is the ical expenses for the purposes of tax de- who need it, including those with pre- square root of zero—nothing, not even ductibility. This bill helps those who existing medical conditions. Just the most modest achievement, not practice self-help. today, I got a phone call from a con- even the most modest advancement. I was disappointed that we were not stituent from Pawtucket, RI, who has a I am very pleased to join Senator able to enact comprehensive health in- thyroid condition and who wants to DOMENICI and Senator WELLSTONE in surance reform. After that debate came know whether under this legislation, cosponsoring a bill that seeks to ad- to a close, I pledged to continue the her insurer will be able to charge her dress this question when we return in fight to reform health care—day after more. I regret very much that I will the fall. Let me just say again, Senator day and month after month. This is an have to tell her that her insurers can, KENNEDY and Senator KASSEBAUM, I am important first step in that direction. I indeed, charge her more. And I regret confident, will be lions in that effort, thank my colleagues Senator KASSE- very much that I will have to report to as well. BAUM and Senator KENNEDY for their the many Rhode Islanders who support I thank the Chair. I yield the floor. hard work in bringing us this far. But the Domenici-Wellstone mental health Ms. MIKULSKI. Mr. President, I rise didn’t get here without tremendous parity provision that opposing forces in strong support of the Health Insur- struggle. prevailed in deleting this provision ance Reform Act. There are three rea- Despite broad bipartisan support, from the conference agreement. sons why I support this bill. It makes this bill has been held up for weeks and Health care reform being the light- health insurance portable—people can months. But we persevered. I wanted to ning rod issue that it is, I recognize— take it with them from job to job. It get this bill passed this year. And now and I hope that the American people provides health insurance to people we have done that. We have won the recognize—that while this bill rep- with preexisting medical conditions. day. And helped many Americans gain resents only incremental change, it is And it makes health insurance more accessibility and portability to health an important step forward. We all available to working Americans. I am insurance coverage. know that much, much more needs to pleased to vote for this bill. There is much more that I would like be done if every American is to have Health insurance is a priority for to be able to do to make insurance cov- access to high quality, affordable Maryland’s families. It’s a top priority erage affordable, accessible, portable health care. And I hope that my col- for me. I strongly support this com- and undeniable. I would like to see cov- leagues who will remain in the Senate monsense health insurance reform. It’s erage for long-term care. I would like and that those who succeed me will a safety net for working Americans and to see a comprehensive benefit package take up the challenge as early as pos- their families. This bill ends ‘‘job for women and children. But this is a sible in the next Congress. lock.’’ Working Americans won’t be very important step. We have a tre- In the meantime, Mr. President, I afraid to change jobs. They no longer mendous opportunity to improve the want to thank all of my colleagues on have to fear that they’ll lose their lives ofmany Americans. I am pleased the Senate Labor and Human Re- health insurance coverage if they do. to support this bill. sources Committee, who approved this I know a mother in Baltimore who Mr. PELL. Mr. President, I am de- bill unanimously just 1 year ago. And I supports her family in a manufacturing lighted that the Senate will today ap- would like to take this opportunity to job. Her husband stays home and cares prove the conference agreement on S. thank the many committee staffers for their disabled child. She has been 1028, the Health Insurance Reform Act. who assisted us so ably in crafting this offered a higher paying job. But she Since the House of Representatives has important legislation. I offer a special can’t take it. I think that’s outrageous. already acted favorably on this legisla- tip of the hat to Senator KENNEDY’s She knows if she changes jobs that her tion, it will be only days before Presi- senior health adviser, David Nexon, son will lose the health coverage he so dent Clinton can sign this important who has been of such great assistance desperately needs. This bill is good legislation into law. This new law will to me and to my staff over these many news for people like her. She could have been a very long time in coming. years. make that job change under this bill. We need not review the circuitous I look forward to voting for this leg- This bill helps people who have pre- path that these health reforms have islation and even more, to its becoming existing medical conditions. They taken since the Clinton administration law. won’t be penalized any longer by insur- took over in 1993. But I believe it is fair Mr. COHEN. Mr. President, in the ance companies. They can now get to say that even these limited reforms spring of 1995, the Medicare trustees, health insurance if they have a disease could never have happened without the on a bipartisan basis, issued an urgent like diabetes. I am pleased that the bill leadership of the President and First warning that the Medicare hospital has the potential to help millions of Lady, who brought into virtually every trust fund will go broke by the year women and their families. The legisla- American home their passionate and 2002, unless major changes are made to tion will help a woman who starts a persuasive pleas to reform our Nation’s protect the system. Since that alarm new job with an employer who provides health care system. And without effec- was sounded, the Congress has been health insurance. tive and devoted legislative warriors, wrestling with ways to bring Medicare Under the Health Insurance Reform led over the decades by Senator KEN- spending under control, in order to Act, a woman or her family can’t be de- NEDY and joined in recent years by our forestall impending bankruptcy and to nied insurance coverage. She and her distinguished Chairwoman, Senator strengthen Medicare for both current family can’t be denied coverage for a KASSEBAUM, I believe that we would and future beneficiaries. This year the preexisting condition. A woman who is not be here today passing this bill. situation is even more critical. The pregnant will get immediate coverage Mr. President, as my 36 years on the 1996 trustees’ report projects bank- for pregnancy care even if she is al- Senate Labor and Human Resources ruptcy for the trust fund by the year ready pregnant. Her newborn or adopt- Committee draw to an end, I could not 2001. ed child will also receive health insur- be more pleased that we will finally see I stated at the time of the trustees ance coverage. This just isn’t good for the fruition of so many years of work warning that, at a minimum, we should families. It makes good business sense. on health insurance reform issues. The pass legislation to crack down on the The bill makes health insurance bill before us will correct many of the fraud and abuse that drives up the more available to working Americans. flaws of our current system, including costs of health care for senior citizens It goes along way to eliminating bar- enhancing portability of insurance and taxpayers. Estimates are that riers to coverage. There are more than from job to job, and limiting the cur- Medicare loses over $18 billion each 40 million Americans without health rent practice of permitting exclusions year to fraud and abuse, and that insurance. More than 1 million working for preexisting medical conditions. fraudulent schemes cost the entire Americans lost their insurance over But, as I have said many times before, health care system and our economy as the last 2 years. Workers who are self- this bill does not accomplish many much as $100 billion each year. employed will be able to take a greater other things that need to be done. Most Today, we are reaching a historic tax deduction for health expenses. It notably, the bill does nothing to make milestone by passing one of the most treats long-term care expenses as med- insurance more affordable to people comprehensive and tough anti-fraud

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9511 packages ever contemplated by Con- The inspector general of the Depart- and unduly limit physicians’ decisions gress. It has been a long road—over 3 ment of Health and Human Services, on how to best treat their patients. To years to be exact—but as the author of for example, has cited problems in blame all of these trends on the health the antifraud and abuse provisions I home health care, nursing home, and care fraud provisions, particularly at am proud that this Congress, in a bi- medical supplier industries as signifi- the last stage in the negotiation proc- partisan way, did the right thing. cant trends in Medicare and Medicaid ess, was misguided and inaccurate. I Specifically, my proposal creates fraud and abuse. Padding claims and am proud that my Republican and tough new criminal statutes to help cost reports, charging the Government Democratic colleagues were not intimi- prosecutors pursue health care fraud and patients outrageous prices for dated by these falsehoods and pro- more swiftly and efficiently, increases unbundled services, and billing Medi- ceeded on a straight path to passing fines and penalties for billing Medicare care for costs that have nothing to do strong legislation. and Medicaid for unnecessary services, with patient care are just a few of the As the author of these provisions, over billing, and for other frauds schemes that are occurring in these in- and as someone who has been involved against these and all Federal health dustries. in the negotiations of these provisions care programs, and makes it easier to It is time that we crack down—and over a 3-year span, there are a couple kick fraudulent providers out of the shut down—these schemes that are of issues I wish to clarify as we debate Medicare and Medicaid program, so bilking billions of dollars from Medi- final passage of the conference report. they do not continue to rip off the sys- care and other health care programs. If First, the fraud and abuse control tem. Most importantly, the bill estab- we have asked honest health care pro- program established in the bill con- lishes an antifraud and abuse program viders to take cuts in reimbursement templates increased collaboration be- to coordinate Federal and State efforts and asked Medicare and Medicaid re- tween the Department of Justice and against health care fraud, and substan- cipients to pay more out-of-pocket the Office of the Inspector General tially increases funding for investiga- costs to bring spending under control, [OIG] in health care law enforcement. tive efforts, auditors, and prosecutors. we have an absolute duty to ensure the It was not my intention, however, to In early 1993, I first embarked upon American public that their health care expand the legal responsibility of the writing an antifraud bill. This was dollars are not lining the pockets of Office of Inspector General to private based on the recommendations of a criminals and greedy providers who are health care fraud task force set up by health plans. The jurisdiction of the the Bush administration and on an in- manipulating the system through fraud OIG remains as it exists today, with vestigation by the Senate Special Com- and abuse. only those augmentations of its au- The proponents of strong anti-fraud mittee on Aging, which I chair. That thority specifically authorized in the proposals responded to a mandate from legislation became the basis for the bill. fraud and abuse section of all the Re- beneficiaries that we need to control Second, it was my intention that the publican health care reform bills pro- spending and ease the burden on tax- costs covered by the funds appropriated posed in 1993 and 1994 as well as for the payers. The anti-fraud provisions in to the Federal Bureau of Investigation administration’s proposal. It was one the Kassebaum-Kennedy bill did pre- provided for in the mandatory appro- of the few truly bipartisan issues con- cisely that in a reasonable, measured priation section include those associ- templated during that contentious de- manner that did not infringe on per- ated with the hiring of additional bate. In late 1993, the criminal provi- sonal liberties nor penalize innocent agents and support resources as supple- sions of my bill passed the Senate mistakes. mental funding to address the bur- The fraud provisions substantially unanimously as part of the crime bill geoning health care fraud problem. mirror existing fraud statutes and are but were deleted during conference. Third, the moneys from the control designed to give enforcement more pre- Last year, my proposal passed Congress account which are directed to the Of- cise tools to protect consumers against as part of the budget reconciliation bill fice of the Inspector General are pri- fraud and abuse. The proposal simply and were also used as framework by marily intended to increase the ability provides adequate resources for pros- the administration in its budget rec- of that office to investigate health care ecutors and investigators, long onciliation proposal. As we all know, fraud and ensure that Medicare funds strapped by budget cuts and under the President vetoed that bill. Today, are properly spent. If the Office of the staffing, to go after serious patterns it stands as an integral part of the Inspector General is assigned the duty and cases of abuse. The bill closes loop- Kassebaum-Kennedy health insurance of preparing the advisory opinions, I holes in current law and provides reform proposal, finally on its way to would expect the Secretary and the At- criminal penalties for a defined set of the President for signature. torney General to consider a specific Health care fraud is an equal oppor- serious and egregious violations, such grant of funds for this purpose from tunity employer that does not dis- as embezzlement and misappropriation any discretionary moneys in the con- criminate against any part of the sys- of assets. Prosecutors would continue trol account as an addition to the tem. All Government health care pro- to have an extremely high burden to amounts already available to the OIG. grams—Medicare, Medicaid, prove that the violations were com- We would not want to see a reduction CHAMPUS, and other Federal and mitted knowingly and willfully. in the effort to investigate fraud, in State health plans, as well as private Despite such a reasoned approach, we order to provide staff for the advisory sector health plans, are ravaged by were inundated at the last moment by opinion function. fraud and abuse. scare tactics and blatant Finally, as the author of the original Similarly, no one type of health care mischaracterizations. There were full enhanced guidance to providers sec- provider or provider group corners the page ads depicting a doctor shackled in tion, I would like to make some affirm- market on health care fraud. Scams stocks claiming that doctors would ative and declarative statements on against the system run the gamut from land in jail for committing honest mis- the actual advisory opinion language. small companies or practitioners who takes. There were editorials that gross- Although advisory opinions are an ap- occasionally pad their Medicare bil- ly distorted the intent and scope of the propriate means of giving guidance to lings because they know they’ll never provisions in a fashion that minimized the industry on some issues, it is clear- get caught, to large criminal organiza- the very real threat that fraud poses to ly unwise to have the agencies in the tions that systematically steal mil- our health care system and, indeed, to position of opining on the intent of the lions of dollars from Medicare, Med- the solvency of Medicare. I am sympa- person requesting the opinion. To have icaid, and other insurers. According to thetic to the concerns of physicians a Government agency make an inde- the FBI, health care fraud is growing and other health care providers that pendent determination of what is in much faster than law enforcement ever the practice of medicine has become someone’s head, based solely upon anticipated, and even cocaine distribu- excessively regulated. I also believe what that person chooses to tell the tors are switching from drug dealing to that physicians raise legitimate con- agency, is a highly questionable Gov- health care fraud schemes because the cerns that too often managed care ernment function. chances of being caught are so small— plans manage costs alone at the ex- That is why I want it clearly stated and the profits so big. pense of quality of care for patients for the record of debate what has been

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9512 CONGRESSIONAL RECORD — SENATE August 2, 1996 stated during conference and indeed health insurance reform bill in April, I will personally join with Senators what has been stated by advisory opin- we included an amendment offered by DOMENICI and WELLSTONE to ensure ion proponents for the last 3 years that Senators DOMENICI and WELLSTONE that we make good on our promise. this issue has been debated. Advisory that provided for parity coverage for Mr. GREGG. Mr. President, to our opinion advocates have stated defini- mental health services. citizens outside of the beltway, Wash- tively and consistently in conference I was proud of our vote. We did the ington politics seem to be the cause of and during many lengthy negotiations right thing by ensuring that persons all that ails us. The disease is easy to that the advisory opinion provision who suffer mental illness are treated diagnose: Washington politics getting does not require a finding of intent. fairly by insurance companies. in the way of real cures. However, I am Not only do I adhere to that view, I The conferees stripped the Domenici- pleased to stand up today and say that will do everything possible to ensure Wellstone amendment out of the bill. maybe—just maybe—the games have while I am still here, and while this However, by our April vote, this Cham- paused as Congress finally passes this provision will be reviewed prior to im- ber made a commitment to fairness in incremental step in health care reform. plementation by the agencies, that insurance coverage for persons with Health care reform. Three words that such an expectation is followed. I will mental illness. have become part of many’s vocabulary also ensure that after I am gone those The health insurance reform bill is over the last 31⁄2 years. Obviously, who have oversight authority here in about fairness. Just as the bill now pre- health care reform efforts have been Congress, and those who are in the vents insurers from dropping people’s going on since the delivery of health leadership, make sure that such an ex- coverage when they change jobs or for care became something of an organized pectation is followed. other reasons, the bill should also have system. But Federal health care reform I know that the Attorney General prevented insurers from discriminating has never seemed so necessary as it has has spoken to the Speaker of the against persons suffering mental ill- in the past few years, and so viable as House, the Senate Majority Leader, the ness. Leaving the Domenici-Wellstone it is right now, for two critical reasons. chairmen of the House and Senate Ju- mental health parity amendment out First—because the American public diciary Committees as well as numer- of the bill is wrong. has been bombarded with rhetoric ous members of the Ways and Means I know that the business and insur- about all of the things that are wrong Committee and Finance Committee ance communities raised some con- with their health care system. about her concerns relating to the cerns about the cost and impact of the Obviously, the U.S. health care sys- issuance of advisory opinions. None of Domenici-Wellstone amendment with tem is not without flaws, but I think it the existing advisory opinion mecha- the conferees. I also know that Sen- is important that the treatment not be nisms available to the Federal Govern- ators DOMENICI and WELLSTONE an- worse than the ailments. The ‘‘shot in ment require an independent deter- swered every concern raised. the arm’’ posed by the Administration mination of intent. To reiterate, state- While I view the CBO estimate for during the 103rd Congress in 1993 and ments were made by the conferees that the cost of the original amendment as 1994 was roundly rejected by the Amer- this was the expectation here as well. I, extremely reasonable, I understand ican public. The Health Security Act, therefore, expect the agencies to design that Senators DOMENICI and drafted by the First Lady and her team a process for advisory opinions which WELLSTONE offered a compromise to of elite health care reform gurus, was does not require such a determination. the conferees that would have provided 1,342 pages of promises for ‘‘universal I also expect that this advisory opinion parity coverage only for annual and coverage’’ for American citizens under process will sunset 4 years after the lifetime caps. a federal program of limited mandated date of enactment of this bill as is re- This compromise slashed the cost of benefits, price controls and tax in- quired by the bill. the original amendment by 90 percent. creases. The tome sent up to Capitol Mr. President, in conclusion, I would CBO determined that the compromise Hill prescribed that centralized bu- like to applaud members for this major antifraud victory. According to the would increase private insurance pre- reaucracies run this national program, Congressional Budget Office, these pro- miums by four-tenths of 1 percent, of that the Federal Government regulate visions will yield billions in scorable which employers would pay only six- medical schools, and that Washington savings. I am convinced that the long- teen one-hundredths of 1 percent. decide what pharmaceuticals and med- term savings are much greater, and My fellow colleagues, these figures ical procedures would be paid for. that billions more will be saved once are so low, that employers could meet This proposal would have resulted in dishonest providers realize that we are this slight premium increase by raising a further disconnect between the pa- cracking down on fraud, and that they their deductible by a mere $5 per year. tient and the payer. We have seen can no longer get away with illegally I understand that insurance and busi- through other Federal programs that padding their bills to pad their own ness interests also raised concerns separating those making demands on pockets. For years, I have been saying about the loss of workers’ insurance the system from those paying for the that Federal law enforcement often due to the compromises’ cost. Consid- care ends up both driving up costs and feel like the mouse has outsmarted the ering CBO’s extremely low cost esti- limiting the availability of services. mousetrap, because they lack adequate mate, no one could possibly contend This is not what the American public tools and resources to penalize egre- that passage of the compromise would had in mind as it got involved in ask- gious cases of fraud. While I know that cause workers to lose their insurance. ing Washington for positive change in this bill does not solve this enormous The compromise went even further. federal policies. and complicated problem, I can state It permitted businesses to deliver men- Once the glitter and hype was peeled today that the mousetrap has sprung. tal health services through ‘‘carveout’’ away, Americans realized this proposal I would like to thank Senators ROTH arrangements and to adjust meant no choice in benefits or pro- and Dole, for all of their steadfast sup- deductibles, copayments, and visit lim- viders, higher taxes to generate rev- port and assistance over the years; its for mental health services as they enue that would be shifted to pay for Alec Vachon of the Finance Committee saw fit. Small businesses would have business subsidies and the like, and the and Harry Damelin of the Permanent been completely exempt from the par- inevitable result of government ration- Subcommittee on Investigations, for ity standard. ing of health care services. After a year all their hard work and perseverance; I believe that Senators DOMENICI and of intense debate, the Health Security Sue Nestor, formerly of the Finance WELLSTONE should be commended for Act died a painful, but appropriate, Committee, for all her hard work be- developing a compromise that the con- death. fore she left the Senate; and Helen Al- ferees should have accepted. Second, having determined during bert, Mary Gerwin, and Priscilla Han- Now, we have made a promise to per- the debate over President Clinton’s ley, of my staff, for their dedication to sons suffering mental illness in this Health Security Act what the Amer- passage of this important legislation. country. We have promised they will ican public does not want, we were MENTAL HEALTH PARITY treated fairly, just as this bill promises given the opportunity to provide the Mr. INOUYE. Mr. President, when we fairer health care coverage for other people with what they do need. And in the Senate unanimously passed the Americans. what they need is the Health Insurance

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9513 Portability and Accountability Act of ality. When the Kassebaum-Kennedy word to West Virginians who want to 1996—the legislation that has become bill is signed into law, which will hap- switch jobs, move to a different com- known as the Kassebaum-Kennedy bill. pen very soon, some of the most mad- munity, or even start their own busi- This legislation grew out of the testi- dening, often cruel problems with ness that they can hold onto their mony that was heard in countless Sen- America’s health care system will health insurance while they pursue any ate hearings on health care reform. It begin to get fixed. of these goals for themselves and their grew out of the recognition that some When you look at all the hard work families. basic flaws in the regulation of health that went into getting this bill ham- And most importantly, now I can tell care caused American families monu- mered out and on the brink of enact- all West Virginians, and we can tell all mental problems: workers are unable ment, we could fill Olympic Stadium Americans, that health care reform is to carry their health insurance from with the people who deserve some of not dead, it’s not code for gridlock, and one job to the next—portability. Indi- the credit. But two individuals win the it’s not a pipedream. viduals are subject to unfair discrimi- health reform gold medals in achieving The Kassebaum-Kennedy bill also nation in their access to health insur- this victory for millions and millions represents the art and necessity of ance if they have a medical condition of Americans. The senior Senators compromise. Some proposals that that has required treatment before from Kansas and Massachusetts have would have helped numerous families they joined that health plan. been true champions in leading what were dropped, because opposition just These are simple, clear concepts. We turned into a legislative marathon for couldn’t be overcome. know how to address them. However, health care reform. On behalf of the And one proposal, to open the door we also know that it took us 3 years of people of my State, and from my own for medical savings accounts, worries policy development to get to the point heart, I thank both colleagues for their me. It is labeled a ‘‘demonstration,’’ where there was a bill that was appro- incredible feat. and I just hope that Congress will be priate in scope, and met the majority Over the past few years, Americans honest and responsible about taking a of needs our constituents told us they had every reason to wonder if Congress true look at how people do when they had. A long and arduous process had re- would ever be capable of doing any- turn from conventional insurance to sulted in legislation that also obtained thing ever again about the health care tax breaks and catastrophic-only cov- support from our Democratic col- problems that cause them so much erage. I know that most people don’t leagues—it looks as though we are pain. When the fight for comprehensive plan on getting sick or having an acci- close to allowing policy to triumph health reform failed, it was hard to see dent or developing a serious disease, over politics. how we could ever get out of the ditch and I fear that an MSA will go from This legislation was further improved of partisan politics, special interests, being a financial benefit into an over- with cultivation. During consideration and fear that did us in. whelming burden for many Americans of the bill on the Floor of the Senate, But while plenty of special interests when the unexpected happens. Members decided to act on some other and politicians wanted health care re- But I also know that we won’t ideas that had been long discussed as form to die, millions of Americans achieve any positive health reforms part of health care reform on both were still waiting desperately for without making concessions. And the sides of the aisle. Medical savings ac- something to be done. work will always be difficult. There are counts are not a new idea. More favor- The Senators from Kansas and Mas- too many insurance companies that able tax treatment of long term care sachusetts realized that we had to take want to chase after healthy customers, insurance is not a new idea. Increasing a different tack. We had to target just and avoid the sick. There will always the self-employed tax deduction to 80% a few of the most serious problems in be ideology that gets in the way of tell- to provide equity is not a new idea. But the health care system, and offer solu- ing the private sector to do anything these are all important ideas, that tions that made obvious sense. differently, no matter how many fami- have received support on both sides of It took persistence, patience, co- lies are hurting. There will always be the aisle during the last several years operation, and compassion to get this fear of the unknown, no matter how of debate. bill to this point today. With this legis- many problems exist in the present. Why are important aspects of health lation, millions of Americans will be Today, however, let’s celebrate what insurance reform like MSA’s suddenly able to get the health insurance they is getting done. And then tomorrow, so controversial? Because once again desperately want and need—or I should let’s move on to the next round of Washington politics got in the way of say that this will happen soon, since health care reform. Today, let’s thank good policy work. Some Washington one of the compromises was that the Senator KASSEBAUM and Senator KEN- politicians have decided it is more im- insurance reforms won’t be effective NEDY for their gift to at least 25 million portant to score a political victory until July of next year. Americans, and many thousands of than to pass the type of health care When that date is reached, the rules West Virginians. And then tomorrow, policy that the American public wants: will change. Working Americans will let’s be inspired by their leadership to policy based on freedom of choice; pol- be freed from the trap that locks them get even more done for millions more icy that ends discrimination and pro- into jobs and situations solely because who still suffer because they can’t get motes fairness and equity; and policy a change will mean losing their health or afford decent health care. that forges a stronger relationship be- insurance. Preexisting conditions will Ms. MOSELEY-BRAUN. Mr. Presi- tween patients, their physicians, and no longer mean an endless nightmare dent, 3 years ago, this Senate blocked those who are payers for medical serv- for the millions of children and adults attempts to act on comprehensive ices, whether that payer be the indi- who have some illness or medical prob- health care reform. While that year’s vidual controlling their own health lem that’s the very reason they need effort to achieve the major reforms care dollar, the Government, or an in- health care. Small employers won’t be that are so needed and so long overdue surer who has offered a plan tailored to shut out from the health insurance did not succeed, the problems that led best meet the consumers’ needs. marketplace. the President to make that proposal Mr. President, I believe that through When I talk about the Kassebaum- have not disappeared. Far from it. a great investment of time and a tre- Kennedy bill, I can picture the West As a nation, we spend 15 percent of mendous amount of research we have Virginians—parents, children, small our gross domestic product on health found a cure for a great deal of what business owners, health care profes- care, over $1 trillion. No other industri- ails the American health care insur- sionals—who have begged for help. alized nation spends more than 10 per- ance system, and American citizens Now, I can report back to the West cent of their GDP and the gap is wid- can begin to benefit from these long Virginian who shared his agony over ening. Yet today, there are over 40 mil- sought after changes to the health care not being able to get coverage for his lion Americans without health insur- system in the United States. cancer, because it was branded a pre- ance, and over 23 million of those Mr. ROCKEFELLER. Mr. President, existing condition, that the law will Americans are employed. Over 1 mil- today hope is restored as we turn the soon require an insurance company to lion working Americans have lost desire for health care reform into re- sell him that coverage. Now, I can send health care coverage over the past 2

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9514 CONGRESSIONAL RECORD — SENATE August 2, 1996 years. And 60 percent or more of all employees will not lose their group hance that health security deserve the Americans worry about losing their health coverage because one of their same kind of consensus support. current health insurance coverage. The employees develops a serious health Facing the loss of health insurance is case for reform, therefore, is perhaps problem, as is the case now. Moreover, a debilitating fear for all too many even more compelling now than it was it will help make health insurance Americans, and without reform, it is 3 years ago. more affordable for those small groups, all too great a risk for every American. I am proud that today the Senate is making it more likely that more small This bill will end that fear, and it does taking a significant step toward re- businesses will provide health insur- so in a manner that makes sense and forming the health care system. The ance benefits for their employees. Fur- will work. It is far from the total an- Kassebaum-Kennedy Health Insurance thermore, the increase in the deduct- swer to our health problems, but I do Reform Act is not the panacea for our ibility of health insurance expenses not think we should underestimate the health problems, but it does represent from 30 percent to 80 percent for self- importance we will be achieving once progress. It is an important step in the employed individuals will make health this bill becomes law. right direction. insurance more affordable for those I want to conclude by congratulating This bill has many good features. thousands of people who operate their the chairman of the Labor and Human Perhaps the most important is the lim- own businesses. Resources, Senator KASSEBAUM, and its on exclusions for preexisting condi- I am also pleased that members have the ranking democratic member of tions. This bill says that no one can be been able to reach a bipartisan agree- that committee, Senator KENNEDY, for denied health insurance coverage for ment on medical savings accounts their leadership and for all the hard more than 1 year due to a medical con- [MSA]. Issues surrounding the avail- work they have put in to bring the bill dition. If there is any concern which ability of MSAs have held up move- to this point. I want to particularly every person has about health insur- ment on this important legislation too congratulate them for the bipartisan- ance, it is the ‘‘trap’’ of preexisting long. The compromise provision would ship they displayed in putting this bill conditions. All too often, individuals provide many small businesses and together. find themselves excluded from cov- self-employed individuals access to Mr. DASCHLE. Mr. President, I am erage because of a preexisting condi- more affordable health insurance op- delighted to cast my vote for this bill— tion. Some 81 million Americans have tions. The MSA options will provide it is an important first step in ensuring preexisting conditions that could affect valuable information as to the impact health security for working Americans. their insurability. And more than half Health security has always been, and of broader scale high-deductible health of all American workers are enrolled in always will be, a Democratic priority. plans on cost control and general in- health insurance plans that impose It is at the top of our agenda, and we surability. some form of preexisting condition ex- The Health Insurance Reform Act won’t give up until every American has clusion. When you consider that most represents a practical, caring attempt access to meaningful, affordable cov- Americans will have seven or more jobs to deal with the real health care prob- erage. in the course of their working life, the Unfortunately, even this small step lems facing so many Americans, based preexisting condition problem affects was controversial. on their everyday realities. This bill is virtually every American family. The Senator Dole promised 2 years ago all about incremental reform—but General Accounting Office [GAO] esti- that health reform would be the first nonetheless real reform. It will help mates that 21 million Americans will thing Republicans would focus on if virtually every working American, as be helped by the limits on exclusions they controlled Congress. As it turns well as millions of Americans who are for preexisting conditions included in out, health reform was nearly the last temporarily out of the work force. And this health care bill. thing they focused on. And only be- it will work because it is based on what In my own State of Illinois, almost 8 cause we insisted they finally act. million people have private health in- is actually going on in the world of This bill was approved unanimously surance and almost 2 million are unin- people who need health care. in the Senate Labor Committee ex- It’s worth thinking a bit about those sured. This bill will make a critical dif- actly 1 year ago on August 2, 1995. But everyday realities of life. Statistics ference in their lives, and in the lives for 8 months, secret Republican tell us that the average American of similarly situated people all across ‘‘holds’’ delayed it. works at a job about 41⁄2 years. As I the Nation. When the bill finally reached the This bill also includes portability stated earlier, over the course of a Senate floor on April 18 1996, the Re- provisions which will end ‘‘job lock’’ by working career, an average American publican leadership tried to attach to making health coverage portable be- working person could hold seven or the bill poison pills, like MSA’s to kill tween jobs. For Americans who might more jobs. That fact alone makes it all it. Then, 4 more months passed as the want to leave their jobs to start their too clear just how important it is for Republican leadership tried to stack own businesses—or who might have to Americans to have portable health care the conference committee to ensure leave their jobs because of corporate coverage. And that fact alone is a good that MSA’s were included in the final restructuring—but who might have a indication of how necessary it is to end bill. preexisting condition or a family med- preexisting condition restrictions that In the meantime, the Republican ical history that would currently make result in Americans having to pay leadership tried to water down the it difficult to impossible for them to enormous sums for new health care bill’s portability provisions to guar- purchase an individual health policy, policies, losing access to health insur- antee that health insurance can be car- this bill will make a huge difference. It ance altogether, or having to avoid—at ried from job to job. But they did not will guarantee their access to health virtually all costs—changing jobs in succeed. insurance. order to retain affordable health care. I am delighted and relieved these Families with a small child suffering Access to affordable health care is no ‘‘delay and destroy’’ tactics were fi- serious health problems will no longer less important to the American people nally abandoned and that Republicans face the prospect of being unable to ob- than pension planning, not only be- joined us in fixing the most badly bro- tain health insurance if the parents cause Americans can’t enjoy their re- ken parts of health system. Make no change jobs. It is tough enough for tirement if they are in poor health, but mistake—this bill is badly needed. families to deal with a serious health because they face being bankrupted by One Republican Senator told the problem affecting one of their children health care costs if they are not able to Washington Post last year that without having to face the additional retain access to affordable health in- ‘‘Health care is not very bright on any- problem of losing access to health in- surance. Being able to roll over insur- body’s radar screen, if it shows up at surance if they are laid off, restruc- ance coverage, therefore, is just as im- all.’’ That’s not what I hear in South tured out of their jobs, or want to portant as being able to roll over pen- Dakota and across the country. This change jobs for new or better paying sion savings. Maintaining health secu- issue is still very much on the minds of jobs. rity, therefore, deserves the same level Americans. Similarly, this bill will guarantee of attention we give retirement secu- When health reform failed in 1994, that small businesses with only a few rity, any measures that protect and en- Americans’ problems securing coverage

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9515 didn’t go away. The problems fueling panies to cut off coverage even while KENNEDY. I will proudly vote to send the health care and insurance crisis the people they cover are paying their this bill to the President’s desk for his still exist today. Forty million people premiums. No health insurance com- signature. are without insurance, and insurance pany should have the power to do this Mr. FAIRCLOTH. Mr. President, Yes- remains prohibitively expensive for far to their clients.’’ terday, when the Senate passed welfare too many people. The public expects Millions of Americans have medical legislation we took an important first and wants us to tackle this issue. histories or preexisting conditions that step toward reforming our failed wel- The bill before us breathed new life make it difficult to get comprehensive fare system. Similarly, the health care into health reform efforts. Still, it does insurance coverage. As many as 81 mil- reform bill before us today takes an- not come close to solving all our health lion Americans have preexisting med- other important first step toward ad- care problems—it is a modest, incre- ical conditions that could affect their dressing some of the serious flaws that mental downpayment on reform. insurability. Many people are locked in exist in our Nation’s health care sys- But this bill does deal with one of the their jobs because they fear they will tem. most pressing problems in our sys- be unable to obtain comprehensive in- We must ensure that this health care tem—portability. Indeed, GAO says surance in new jobs. And many people bill becomes a step in the right direc- this legislation could help up to 25 mil- who work in small businesses often tion, a step away from excessive gov- lion Americans each year, at no cost to have trouble getting insurance espe- ernment regulation and a step toward a taxpayers. This bill gives workers dis- cially if 1 employee has medical prob- health care system based on free-mar- missed from their jobs or looking for lems. ket principles that benefits and em- better jobs peace of mind. This bill takes very important steps powers individuals. This bill means that never again will forward to correct these problems. But I am very pleased that the conference fear of losing their insurance trap peo- we must do more so that ultimately we report includes the foundation for the ple in their jobs. have coverage for all Americans. Cur- full implementation of Medical Savings Still, passage of this bill is the begin- rently, 40 million Americans live with- Accounts, this is the single most im- ning of the debate, not the end of it. out health insurance, and 23 million of portant feature of this legislation. the 40 million are workers, according Every single day in this country, When we debated medical savings ac- to a study by the Tulane University 60,000 people lose their health insur- counts in April, opponents of the provi- School of Public Health. Furthermore, ance. Unfortunately, only a small frac- sion argued that anyone who want to an average of more than 1 million chil- tion of that group will be helped by include MSA’s really wanted just to dren a year have been losing private this legislation. We must do more to kill the Kassebaum bill. I believe that health insurance since 1987. In Massa- provide real health security to every the conference agreement has proven chusetts alone, there are more than American. them wrong. As we celebrate this bill’s passage, 130,000 children—one-tenth of all the This real issue behind medical sav- let us pledge to tackle even more dif- children in my State—who are without ings accounts is a question of whether ficult issues. We must ensure that any health insurance, private or public, health care reform should move toward every child has health coverage. We for the entire year. And many more greater government control of our must eliminate barriers to pregnant children lack health insurance for part health care system, as President Clin- women getting prenatal care. We must of the year. A recent study in the Jour- ton advocates, or whether health care make coverage more affordable for nal of the American Medical Associa- reform should place more decision small businesses. We must ensure every tion reported that almost one-quarter making authority in the hands of indi- child is immunized appropriately. We of U.S. 3-year-olds in 1991 lacked health viduals. Once individual Americans must end cherry picking by insurance insurance for at least a month during have the power to control how their companies. We must ensure rural their first 3 years, and almost 60 per- own health care dollars are spent, they Americans have the same access to cent of those lacked insurance for 6 or will never allow the government to quality care their urban neighbors more months. It is time that we help take that power back. enjoy. the American people get the health in- In sum, we must guarantee every surance they rightfully deserve. I am certain that when the four year American access to affordable, quality Mr. President, this Congress con- trial period for medical savings ac- coverage. This will be on the top of the tinues to have an unacceptable record counts ends successfully, the Congress Democrats’ agenda in the next Con- when it comes to addressing the real will overwhelmingly endorse MSA’s as gress. needs of American workers and fami- an unlimited nation-wide policy. Despite its limitations, this is an im- lies. Political divisions and Presi- Mr. President, while this conference portant bill. It’s a victory for the dential politics have become an every- report is a first step, it is not too soon President, who put this issue on our day feature of Senate floor action, to consider what our next steps should collective radar screens. It’s a victory making it impossible for us to do much be. We badly need meaningful reform of for Senators KENNEDY and KASSEBAUM, of the people’s business. Fortunately, our medical malpractice and antitrust who worked so hard to make this hap- this bill is a notable exception. laws as well as full deductibility of pen. It’s a victory for Democrats, who Finally, I want to applaud the vision, health care expenses for the self-em- consider this a priority item. commitment, and political savvy of the ployed. Most importantly, it’s a victory for distinguished chairman of the Labor The health care reform conference America’s working families. and Human Resources Committee, Sen- report will improve the health care Mr. KERRY. Mr. President, I am de- ator KASSEBAUM, whom I greatly ad- coverage available to individual Ameri- lighted that Americans will finally re- mire, and the distinguished ranking cans. But to preserve those gains, we ceive the benefits of the health care re- member of that committee, the senior must make sure that future health forms contained in the Kennedy-Kasse- Senator from my State, who has been a care legislation seeks free-market solu- baum bill—benefits which the General leader for his entire career on health tions, not big-government solutions. Accounting Offices estimates will help care issues. To a very considerable ex- Mr. SIMON. Mr. President, like most over 21 million people. tent we all are in their debt as we send bills, the Health Insurance Portability But I want to talk today about one this legislation to the President, be- and Accountability Act contains both particular person who will benefit from cause it was their commitment, stam- good and more worrisome provisions. this bill, a woman from Florence, MA, ina, and statesmanship that worked Some of the better provisions, such as who wrote me recently about her past what again and again appeared to portability, are not perfect and others daughter. She supports this bill, she be intractable differences of opinion of importance, such as mental health said, because her daughter has diabetes among 535 members of the House and parity, are now completely absent. and the family had a terrible time find- Senate. This is a tremendous victory One important provision in this bill ing health insurance that would cover for the American people, but it is also that has not received much attention her. In her letter she told me, ‘‘I think a richly deserved personal victory for is administrative simplification. It it’s immoral for health insurance com- both Senator KASSEBAUM and Senator sounds innocuous enough. It aims to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9516 CONGRESSIONAL RECORD — SENATE August 2, 1996 cut administrative costs by standard- a unique health identifier; it would be to make more fundamental progress to- izing the way medical information is far too easy for others to decode these. ward the fair, just and accessible electronically stored and transmitted. It might, however, make for easy, cost- health care system all of our citizens No one is against cutting health care effective, standardization. If the stand- deserve in this great Nation. costs. ards developed need to be fully revised Mr. DODD. Mr. President, the legisla- This standardization, however, accel- to take account of privacy concerns, tion before us today—the conference erates the creation of large data bases then business will be forced to stand- report on the KASSEBAUM/KENNEDY containing personally identifiable in- ardize twice, with probably twice the Health Insurance Reform Act—gives formation. All this information is expense. this body a unique and historic oppor- transmitted over electronic networks. It makes much more sense to have tunity—to pass a sensible, incremental We need to be very careful about how the standards developed with both pri- and common-sense health reform meas- safe and secure that information is vacy and cost in mind and for the ure that will help millions of Ameri- from prying eyes. Some of it may be standards to be enacted after and in ac- cans. extremely sensitive and could be used cordance with the privacy regulations. Our actions today will give an esti- in a malicious or discriminatory man- I would urge my colleagues to alter mated 25 million Americans a much ner. these dates and modify this section to needed and deserving helping hand. Not only do we need to hold this in- couple these two very admirable goals This bill would guarantee to Amer- formation securely, we also need to of cost reduction and medical records ican working families—if you change give individuals control over who actu- privacy. your job you will not lose access to ally has access to their medical In general, although there are weak- health insurance. This bill will limit records. We have been working in this nesses in this bill and it is far, far less pre-existing condition exclusions. It Congress this year to try to come up reform than we need, I am pleased that will guarantee renewability of health with federal privacy laws for medical we are finally moving ahead with mod- insurance policies. And it will help records. Senators BENNETT, LEAHY, est initiatives in the area of access to self-employed individuals, by increas- KASSEBAUM, KENNEDY, DOMENICI, health insurance. Many Americans will ing the deduction for health insurance WELLSTONE and MACK have all been be helped by this legislation. It should expenses. concerned with the need to craft mean- be clear, however, to anyone who looks It’s been a long difficult process to ingful privacy legislation. I commend at what is happening to health insur- reach this point. But, finally these their efforts in this area. It has been ance coverage in this country that this most basic health insurance reforms extremely difficult legislation to craft, bill is just a first step of many we need will become law, exactly 1 year after however. to take to meet the health care needs the Labor and Human Resources Com- The States themselves have enacted of our Nation. This is especially true in mittee unanimously reported the bill. some medical privacy laws. For in- regard to children, where we will fall This bill will not solve every problem stance, several States have passed laws even farther behind as a result of the in our health care system, but it’s an that protect the confidentiality of Welfare bill we just passed, and in re- important first step. It is good public mental health records or HIV status. gard to equitable coverage of people policy and it deserves the support of We should not preempt such protec- with mental illnesses. every member of this body. tions. I am glad to see that the preemp- Senator DOMENICI and Senator Frankly, I feared that the majority tion of State law in this area has been WELLSTONE deserve great credit for party would prevent this day from hap- removed from this bill. I commend the fighting for equitable treatment in pening. Finance Committee, and particularly coverage for the mentally ill. I hope This legislation passed in the Labor Anne Marie Murphy of my own staff, they will win this fight in the near fu- Committee 1 year ago, but objections for their work in helping to rectify this ture. I will do everything I can to help by members of the majority party pre- problem. in this effort before the end of this vented this bill from receiving consid- I am still troubled by the possible Congress. eration by the Senate until the fol- time lag between the enactment of I hope it will also not be long before lowing April. standardization and the development of the Senate acts to ensure universal ac- President Clinton came to the Con- privacy regulations by the Secretary of cess to health care coverage for all gress in January and in his State of the HHS. The way this provision is cur- children and pregnant women. More Union address urged us to quickly pass rently drafted, standards will be devel- than 9.3 million children and half a this legislation. But still it took 4 oped by standard setting organizations million expectant mothers in our Na- months for the majority party to re- that are mainly business groups, solely tion have no health insurance of any spond. on the basis of cost, within 18 months kind. Projections are that by the year Finally, when the Senate was allowed of enactment of this Act. HHS will sub- 2002 we will have 12.6 million children to consider the bill it passed 100–0. mit to Congress detailed recommenda- without coverage and nearly 5 million These days, not too much in this body tions on standards with respect to the more may be added to that as a result is agreed upon in a bipartisan manner. privacy of individually identifiable of proposed changes in Medicaid. When But the unanimous support for the health information within 12 months of we passed the Kennedy-Kassebaum bill Kassebaum/Kennedy bill is a clear indi- enactment of this Act. If Congress does earlier this year, the Senate accepted a cation that this legislation is an effec- not act on these recommendations sense of the Senate resolution I offered tive, fair, and most important, bipar- within 36 months of enactment, the stating that the issue of adequate tisan measure. Secretary of HHS will promulgate pri- health care for our mothers and chil- But again, even after this unanimous vacy regulations within 42 months of dren is important to our nation’s fu- vote, the majority tried to load the bill enactment. There is, therefore, a pos- ture and that the Senate should pass with controversial provisions, rather sible time lag of 36 months between health care legislation ensuring health than move to quickly pass a bill we standard setting and privacy regula- care coverage for all of our nation’s could all agree upon. tions. pregnant women and children. The Mr. President, this legislation should This puts the cart before the horse. Senate must be held to account on this have passed last year and if we had Obviously, privacy should come first. I resolution. done so, the American people would al- don t think there is one Senator here It is unacceptable in our rich country ready be reaping the benefits. However, who would like to have his or her own to permit these inequities to continue I am pleased that reason prevailed and medical privacy play second fiddle to and to permit so many of the most vul- today we can finally deliver these im- business costs. nerable in our society to be denied as- portant protections to the American Furthermore, this order of cost first, surance of even basic health care. people. privacy later, may in fact be much While I applaud everyone who worked While this bill is an important step more disruptive to business. For exam- so hard to bring this agreement to the forward, I consider it only a first step ple, it does not make good privacy floor, I hope those who follow us in the in an ongoing process. Many problems sense to use social security numbers as next Congress will move on from here remain in our health system. I won’t

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9517 go into all of them today. But I do employed individuals from 30 percent BAUM and Senator KENNEDY for their want to talk briefly about continuing to 80 percent, bringing health care cov- untiring efforts to work with our col- problems in guaranteeing children ac- erage within reach of many more leagues and all interested parties to cess to health care. Americans. forge the bipartisan bill we will pass Our system simply does not work for This bill also expands the tax deduc- today and send to the President for his millions of America’s children. We all tion for nursing home and long term signature. lose when the worker of tomorrow is care coverage. This will help families The bill we are passing today is not crippled for life by the untreated ill- better cope with the staggering costs of comprehensive health care reform, but ness of today. We all lose when com- nursing home coverage for their loved it is an important step forward in ad- pletely preventable diseases like mea- ones. In some facilities, a year in a dressing problems in our current sles ripple through the child popu- nursing home can cost over $30,000. health insurance system. People who lation. This bill also includes an experiment maintain continuous health insurance The General Accounting Office, in a in Medical Savings Accounts (MSA’s). coverage will not be denied insurance series of reports issued to me this sum- The Senate originally rejected the con- for preexisting conditions, after one mer have reported on trends in chil- cept of MSA’s by a bi-partisan vote. initial 12-month exclusion, even if they dren’s health insurance that are cause But the House Republicans insisted on change jobs or insurance plans; and in- for genuine alarm. a full blown implementation MSA’s dividuals who lose their jobs or change In 1994, the percentage of children even though we have never even evalu- jobs will be guaranteed the opportunity with private insurance coverage ated the efficacy of such health poli- to continue their insurance through a reached its lowest point since the cen- cies. Fortunately, this conference re- group or individual plan. sus began consistently tracking cov- port only includes a limited dem- A compromise was made on medical erage. onstration of MSA’s. This makes sense savings account [MSA] provisions In 1987, almost 74 percent of our Na- because this concept is untested. I am passed by the House of Representatives tion’s children had private coverage. concerned that MSA’s could drain the but rejected by the Senate. The bill By 1994, that number had dropped to 65 young, healthy and wealthy out of the provides for a four year pilot program percent. traditional insurance system. This in which up to 750,000 taxpayers with While Medicaid has certainly helped could leave old and sick people to cope high-deductible health insurance plans millions of children who would other- with escalating insurance premiums, can make tax deductible contributions wise be without coverage, the number making it even tougher to afford to a medical savings account. At the of children without any insurance rose health insurance. Therefore, I am end of the 4-year period, Congress to its highest point in 1994. Ten million pleased that this is only a time limited would have to vote to expand the MSA children under age 18, or 14.2 percent, experiment. program. were uninsured in 1994. Mr. President, unfortunately, this This legislation also increases the In States such as Alabama, Arizona, bill does not include the so-called men- health insurance deduction for self-em- California, New Mexico, Oklahoma, and tal health parity amendment authored ployed individuals from 30 percent to 80 Texas, almost 20 percent or more of by the Senators DOMENICI and percent over a 10-year period, provides children are without health care cov- WELLSTONE. This amendment passed for a medical expense deduction for erage. That means 1 out of every 5 chil- overwhelmingly in the Senate but was long term care insurance, and allows dren in these States are lacking cov- completely dropped in conference. I terminally ill individuals to receive erage. hope that some day this amendment tax free benefits from their life insur- Too many of our children do not have will become law so that we can do ance. access to basic health. So, I hope, Mr. away with insurance policies that pro- I regret that the Domenici-Wellstone President, that no one thinks that vide more coverage for physical ill- amendment, which passed the Senate, we’ve made the health care system nesses than for mental illnesses. Fami- was not included in this conference re- right, because we still have a long way lies with members who have mental ill- port nor was any compromise that the to go. nesses deserve this much. sponsors proposed. This amendment Let us not forget that approximately Mr. President, while this bill makes would require private health plans to 40 million Americans continue to lack improvements in our health care sys- provide medically necessary mental health care coverage. Of those, 12 mil- tem, we must remember that this is health services that are equal to the lion are children under the age of 21. only a first step. We have much more medical services provided. A great deal We still have a commitment to those work to do in the next Congress to of progress has been made in diag- people to make this measure the first, move toward providing health care cov- nosing and treating mental illnesses, not the last, step on the road to mean- erage for all Americans. This should and I believe that we should provide ingful health care reform. continue to be our goal. health insurance coverage that will So today, we have a historic oppor- Tragically, there are now 41 million make this care affordable to people tunity to help millions of America’s Americans who do not have health in- who need it. I will work with my col- working families keep their health surance, up from 37 million in 1993. For leagues during the remainder of this care coverage. It is a chance that must the most part, these are working Congress to ensure that in the future not slip away, and so I urge all my col- Americans. Eighty-four percent of the people with mental illnesses have equal leagues to join me in supporting this uninsured work, but they do not get access to the care they need. common sense and sensible reform health insurance at their jobs. The Health Insurance Reform Act measure. We must do something to rectify will provide peace of mind to many Mr. LAUTENBERG. Mr. President, I this. We must continue to enact legis- working Americans who have health rise in support of this conference re- lation so that one day no family is insurance but fear losing it, and it is a port. This is a good first step in trying without health security. major improvement in our current to provide affordable health care cov- I yield the floor. health insurance system. erage to all Americans. This bill will Mr. GLENN. Mr. President, I support PROVIDING TAX EXEMPTION TO STATE HIGH RISK ensure that people who move from job the conference agreement on H.R. 3103, HEALTH INSURANCE POOLS to job will be able to keep their health the Health Insurance Reform Bill. I am Mr. COCHRAN. I am pleased that the insurance, even if they have a pre-ex- pleased that the Congress is taking conference report for the Health Insur- isting condition. It also will give the long overdue final action on this legis- ance Reform Act includes a provision same protection to people who lose lation which is so important to work- which confirms the availability of the their jobs and must get health insur- ing Americans and their families. As Federal tax exemption for State health ance on their own. you know, it was approved by the Sen- insurance risk pools which has been This bill also provides some tax in- ate Labor and Human Resources Com- pending in Congress for the last several centives for families to better afford mittee 1 year ago today, and it passed years. The purpose of a health risk pool health care. The legislation increases the Senate in April. Once again, I is to make available health and acci- the health insurance deduction for self- would like to commend Senator KASSE- dent insurance coverage to individuals

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9518 CONGRESSIONAL RECORD — SENATE August 2, 1996 who, because of health conditions, Mrs. KASSEBAUM. I would agree waiting right now for an organ or tis- would otherwise not be able to secure with the Senator. sue transplant. health insurance coverage. Health risk Mr. COCHRAN. Is it not the case that Many opportunities for a lifesaving pools are one option contemplated by health risk pools have been created by organ donation are missed each year the Health Insurance Reform Act that statute in the several States to serve a because family members hesitate to States could implement as part of their public function of relieving the hard- authorize organ or tissue donation health care reform efforts to seek to ship of those who, for health reasons, when their loved one dies. By providing ensure access to health insurance. are unable to obtain health insurance information to 70 million Americans Since 1976, 28 States have enacted coverage? Additionally, that these next year, we can raise awareness legislation establishing a health insur- pools do not carry on an activity ordi- about the need for donors and, in the ance pool aimed at protecting uninsur- narily carried on by insurance compa- process, we will save lives. able and high-risk individuals. Most of nies and not designed to make a profit? I do want to mention a concern I the pools were established in the last 10 Further, that they are established by have about one of two technical years. State statute and none of the net earn- changes made to the organ donation in- For example, the Comprehensive ings benefit any private shareholder, sert card amendment during con- Health Insurance Risk Pool Associa- member, or individual? ference. At this time, I would like to tion Act was enacted by the Mississippi Mrs. KASSEBAUM. I would agree engage in a colloquy with Senator State Legislature during the 1991 legis- with the Senator. FRIST, a cosponsor of this Amendment, lative session and became effective Mr. COCHRAN. The Federal Govern- and Senator ROTH, the chairman of the April 15, 1991. At that time Mississippi ment should serve as an impetus for, Finance Committee, to clarify Con- became the 25th State to enact such not an impediment to, State health gress’ intent with regard to this provi- legislation. This act created the Mis- care reform. We should do all we can to sion. sissippi Comprehensive Health Insur- increase the ability of States to help The conference agreement alters my ance Risk Pool Association to imple- the uninsured. The Health Insurance original provision to read that organ ment such a health insurance program. Reform Act recognizes the value of donation information will be included Members of the association include in- health risk pools and includes vital with tax refunds mailed in 1997 to surance companies, nonprofit health roles for health risk pools in their quote ‘‘the extent practicable’’ un- care organizations and health mainte- health care reform legislation. quote. I want to make it clear that I nance organizations [HMO’s] which are Would my colleague not agree that in feel strongly that providing this infor- authorized to write direct health insur- order to allow States flexibility in de- mation to millions of Americans is not ance policies and contracts supple- signing effective health care plans, only a cost effective way to save lives mental to health insurance policies in State health risk pools should be ex- but is also a practical measure that Mississippi. The association also in- empt from taxation and that it was does not pose an unreasonable burden on the Department of the Treasury. cludes third-party administrators who never the intent of Congress that Mr. FRIST. Senator Dorgan, is it are paying and processing health insur- health risk pools be subject to tax- ation? true that the Treasury Department ance claims for Mississippi residents. regularly includes insert cards with the Over the past 4 years, the association Mrs. KASSEBAUM. I would agree with the Senator. refunds it mails each year? has issued medical insurance policies Mr. DORGAN. The Senator from Ten- to approximately 1,200 Mississippians. Mr. COCHRAN. Would my colleague agree that it is the intent of Congress nessee is absolutely correct. This year, The association is funded by premiums for example, taxpayers who receive a through this legislation to clarify that paid by policyholders and quarterly as- refund also received information about health risk pools be exempt from tax- sessments against members of the asso- how to purchase Olympic commemora- ation? ciation. The assessments are necessary tive coins. In 1994, an advertisement for to supplement the premiums and oper- Mrs. KASSEBAUM. The Senator is correct. This legislation will clarify World Cup Soccer commemorative ate the program on a financially sound coins was mailed along with refunds. the intent of Congress that health risk basis. There is no public funding— Mr. FRIST. It is my understanding pools should not be subject to taxation. State or Federal—involved. that the cost to the Treasury Depart- Mr. COCHRAN. I thank my colleague Currently, over 100,000 individuals ment of printing and inserting this in- for her assistance. By passing this leg- nationwide are members of a State formation is negligible. Since the Fed- islation, we will promote State-based health risk pool. Nationally, there are eral Government already incurs this health care reform by expressly con- an additional 1 to 3 million people who cost on an annual basis, I do not be- firming that State health risk pools are uninsured and uninsurable, and lieve this would create a burden. Is who could be eligible for inclusion in a are exempt from Federal taxation, not- that also your belief? State health risk pool. withstanding the IRS’ position. By Mr. DORGAN. Yes, it is. I would like As my colleague knows, unfortu- clarifying the intent of Congress, the to ask the distinguished gentleman nately, several State health risk pools, IRS should recognize this legislation as from Delaware [Senator ROTH], to clar- including the Mississippi Comprehen- confirming the interpretation of exist- ify for us what the conference com- sive Health Insurance Risk Pool Asso- ing law, and not creating new law, and mittee intended by making this tech- ciation, have applied for and have been accordingly grant tax exempt organiza- nical change to the Senate’s amend- denied exemption for Federal taxation tion status to all health risk pools that ment. under Internal Revenue Code sections have applied for such status. Mr. ROTH. The conference commit- 501(c)(4) and/or 501(c)(6). Generally, the ORGAN DONATION INSERT CARD tee’s intent regarding this change was Internal Revenue Service’s [IRS] ra- Mr. DORGAN. I am pleased that the to ensure that there be no delay in the tionale for such denial has been that conference committee on the Health mailing of refund checks because of the sole activity of the health risk Insurance Reform Act has included a this provision. The language ‘‘to the pools is the provision of health insur- small, but lifesaving provision that extent practicable’’ originally read ‘‘to ance for individual policyholders. The Senator FRIST and I offered as an the maximum extent practicable’’ to IRS perceives health risk pools as a amendment to the Senate bill. I am re- address any potential administrative regular business ordinarily carried on ferring to the organ donation insert issues that may arise. For example, if for profit, which primarily provide card provision. the Internal Revenue Service ran out commercial type insurance. Moreover, This measure, which I first intro- of organ donor cards we would not the IRS takes the position that health duced in 1994, would require the Sec- want to insinuate that the check could risk pools are primarily serving the retary of the Treasury to send out in- only go out if a donor card was en- private interests of its members and formation about organ and tissue dona- closed. The Treasury Department spe- not the common interest of the com- tion with each tax refund mailed in cifically asked us to delete ‘‘max- munity as a whole. 1997. This provision will help give a imum’’ from the language. Would my colleague agree that the new chance at life to the more than It was not the conference commit- IRS’s position is incorrect? 46,000 Americans who are desperately tee’s belief that this provision should

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9519 cause a delay, and we fully expect that deny coverage for individuals with pre- 46,000 Americans who are desperately the Treasury Department will make existing medical conditions, even for waiting right now for an organ or tis- every effort to ensure that all of the in- those who change jobs or whose em- sue transplant. dividual taxpayers who are mailed re- ployer switches insurance companies. Many opportunities for a lifesaving funds in 1997 will also receive organ do- It also requires insurance companies to organ donation are missed each year nation information. renew the health insurance coverage of because family members hesitate to Mr. DORGAN. Thank you Senator individuals or groups as long as they authorize organ or tissue donation ROTH and FRIST. I want to again thank pay their premiums. The bill will also when their loved one dies. By providing Senators KENNEDY, KASSEBAUM, and help to ensure that those with pre- information to 70 million Americans FRIST, Congressman RICHARD DURBIN, existing conditions will be able to pur- next year, we can raise awareness and the many supportive organizations chase affordable individual insurance about the need for donors and, in the who have worked with me to get this policies if they lose their group health process, we will save lives. provision enacted. coverage. Mr. President, I rise today in support This bill also contains provisions In closing, I want to thank Senators of final passage of the Health Insurance which will help many of North Dako- KENNEDY and KASSEBAUM and both of Reform Act. It has not been an easy ta’s small business owners and sole the leaders for their tireless work to road to agreement on this bill, but for proprietors. I have been fighting for move this worthwhile legislation to the sake of the American people, I am one of these provisions ever since I this point. I am pleased to be a cospon- glad we were able to put aside our dif- came to Congress, so I am particularly sor of the Health Insurance Reform Act ferences and reach a compromise on pleased that we are acting to level the and to finally have this opportunity to those issues where we do agree. playing field for sole proprietors. vote to send it to the President for his We are fortunate in our country to Under this bill, farmers and other signature. have one of the finest health care sys- self-employed individuals will be able Mr. BURNS. Mr. President, I rise tems in the world. But unfortunately, to deduct a higher percentage of their today to speak about this health insur- not all Americans have access to that health insurance premiums. Right now, ance reform legislation now before us. health care system or can afford the es- large corporations can deduct 100 per- After months of gridlock on this bill, I calating prices of care. cent of their health insurance ex- am glad that the Senate finally has a This bill is not the total answer to penses, but sole proprietors may only chance to once again consider and pass those issues. In fact, compared to the deduct 30 percent of their health insur- this straightforward legislation. I must health care plan proposed by President ance premiums. This bill will gradually confess, however, that I find it puzzling Clinton several years ago, which I did increase the amount that the self-em- that this bill has been held up for 3 not support because I thought it was ployed can deduct to 50 percent by 2003 months over the issue of medical sav- too bureaucratic, this bill is very, very and to 80 percent by 2006. I would prefer ings accounts—particularly in light of modest. Having said that, the Health Insur- that they be allowed to deduct all of what we are trying to accomplish by ance Reform Act is a significant step their insurance costs, as corporations passing this legislation. forward in helping Americans who are already can, but this will go a long way I am a strong supporter of medical routinely denied health insurance cov- toward making health insurance more savings accounts. I truly believe MSA’s erage through no fault of their own, affordable for farmers and other self- empower health care consumers by giv- and I am pleased to be a cosponsor and employed individuals. ing them the freedom to choose how supporter. This bill also will allow some small they spend their health care dollar. Earlier this year, I received a heart- employers and their employees to ex- Medical savings accounts provide the breaking letter from a mother in periment with medical savings ac- competitive choice which not only en- Williston, ND whose infant son was counts, or MSA’s. This is a highly con- ables folks to keep pace with inflation, born with a rare disease called troversial issue, and I’m glad we were but counters the increases that will re- myelamacia. He often stops breathing able to reach an agreement that allows sult from the guaranteed-issue compo- and doctors have no idea how long he us to move forward on this legislation. nent of this legislation. Nonetheless, I will live or what his quality of life will I think MSA’s are an intriguing idea. am pleased that this bill creates at be. Michael is actually lucky because, Common sense tells you that making least a full-blown test for the MSA. health care consumers think more right now, he is covered under his Though it disturbs me to know that mother’s employer-based health insur- carefully about the type and cost of care they receive will likely have some we could have sent this meaningful leg- ance plan. islation to the President for his signa- But Michael’s mother is desperately positive impact on overall costs. At the same time, however, I do have ture months ago, the delay on this bill worried about how long his coverage has given me the opportunity to hear will last. For one thing, Michael cur- concerns about the impact that MSA’s the thoughts of literally thousands of rently must live at the Anne Carlsen could have on the traditional insurance Montanans on this issue, folks who Center for Children in Jamestown, ND, pool. The trial approach taken in this have written to me, folks who have which is quite a long distance from bill will minimize any negative effects called me, and folks I’ve seen while Williston. Michael’s parents would like on the insurance market while allow- traveling in the State. Given all the to move closer to their son so they can ing us to evaluate the value of MSA’s. input I have received on this legisla- spend more time with him, but they Finally, I want to mention one more tion over these last few months, one are justifiably afraid that if Michael’s provision included in this bill. It is a thing is certain, the folks in Montana mom switches jobs, Michael will lose small, easily overlooked provision are reaffirming what they have been his insurance coverage. which I offered, but it is one that will Michael’s parents are not alone. A save lives, and I want to thank Sen- telling me for years—that they want survey has found that one-quarter of ators FRIST, KENNEDY, KASSEBAUM, and the commonsense measures contained Americans who would have otherwise the many other Senators, Members of in this bill passed into law. switched jobs did not because they the House of Representatives and sup- It is no secret that the health insur- feared losing their health insurance portive organizations who have worked ance system in this country is in need coverage. with me to get this provision included. of some fine tuning. And I know that This legislation basically says to in- I am referring to the organ donation many of my colleagues on both sides of surance companies, if someone has insert card provision. the aisle and in both Chambers of Con- been a good customer of yours, paying This measure, which I first intro- gress would agree with that assess- their premiums regularly for years, duced in 1994, would require the Sec- ment. It is estimated that 43 million you cannot drop their coverage simply retary of the Treasury to send out in- Americans went without health insur- because he or she gets sick or switches formation about organ and tissue dona- ance in 1995 and roughly 23 million of jobs. tion with each tax refund mailed in those are workers. Though we can’t This bill puts limits on the amount 1997. This provision will help give a guarantee every American health care of time that insurance companies can new chance at life to the more than coverage—nor would I ever support a

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9520 CONGRESSIONAL RECORD — SENATE August 2, 1996 plan to do so—we can address the bar- gives HCFA almost 8 months, in addi- over the years to the citizens of our riers that keep health insurance out of tion to the time they have already country. I am truly sorry that Senator the reach of most of these folks; access spent studying the issue, to determine KASSEBAUM will be leaving us at the and affordability. And this health in- the reimbursement of services provided end of the 104th Congress. Not only will surance reform legislation does just via telemedicine. I don’t feel this pro- the U.S. Senate lose a fine legislator that. posal is unreasonable. In fact, since but a fine person. On that note, be- There is little doubt in my mind that this study is already ongoing, there is cause of Senator KASSEBAUM’s efforts, the Health Insurance and Portability no cost associated with this. I am sim- and with the overwhelming bipartisan Act will greatly reduce the barriers to ply asking that HCFA finish the study support this bill received in the House obtaining health insurance coverage and let rural areas and urban residents yesterday, it looks as though we are for millions of Americans by: one, lim- access the health care services that are going to see our way clear and bring iting an insurer’s ability to withhold currently out of reach geographically. about these much needed reforms to coverage for people with pre-existing I realize that there are many Ameri- our health insurance system. medical conditions; two, making it cans, including a number of folks in In closing, Mr. President, I believe easier for workers to get and maintain Montana, who have serious concerns this health insurance reform legisla- health coverage; and three, because of with this legislation. Folks in my tion is the best hope we have to help its provisions guaranteeing coverage, State seem to be particularly con- America’s—particularly Montana’s— this legislation will make it easier for cerned that this legislation is just a families and small businesses cope with workers to change jobs or start their step toward implementing the failed burdensome health care costs. Not only own businesses without fear of losing Clinton health care plan and will turn will this legislation end job lock and health care coverage. our health care system over to the the misfortune of pre-existing condi- This bill also contains many other Government. What’s more, I have tions that prevent thousands of Ameri- important provisions. I am especially heard from a number of Montanans cans from buying coverage but it will pleased with the significant improve- who are concerned about health insur- also strengthen our health care system ments in coverage for pregnant women, ance costs going up for all health care for years to come. In short, because newborns, and adopted children. This consumers. I appreciate and under- this health insurance reform bill con- bill will also make health care more af- stand these concerns—I don’t want to tains so many commonsense measures, fordable by providing the government see either of these things take place. In I was pleased to support this bill when with the means to crack down on fact, like most Americans, I am com- it first came before this body in April. health care fraud and abuse in the pletely opposed, and I opposed then, And because the legislation that is health care system, specifically in the the type of big-government, big-bu- again before us today will immediately Medicare and Medicaid programs. reaucracy health care agenda that the and measurably improve the lives and What’s more, self-employed people will Clinton administration proposed in protect the health of millions of Amer- be able to deduct from their taxes 80 1994. Most people don’t want a single- ican workers and families without put- percent of their health insurance pre- payer, government-controlled health ting folks out of business, raising taxes miums by the year 2006, up from the 30 insurance system deciding what is best or turning the health care system over percent which current law allows. In for them and neither do I. That is why to the government, I am going to vote addition, this bill increases tax breaks this bill only addresses those aspects of to send this bill to the President. I for small companies. Those provisions health insurance reform that folks hope my colleagues in the Senate will are especially important for my State, have identified as important and nec- do the same. This bill’s time has come. where 98 percent of our businesses are essary, and want to see passed. Let’s not squander the opportunity we considered small businesses and have Though I realize that this bill will have today. fewer than 50 employees. not solve all the problems with our Na- Mr. CHAFEE. Mr. President, I am What so personally excites me about tion’s health care system—and I have pleased to support the conference re- this bill is a provision that I intro- concerns with certain aspects of the port accompanying the health care re- duced to this bill that requires reim- act as well—this legislation does take a form legislation. Members of Congress bursement for telemedicine services giant step toward eliminating many of have worked for many years to pass under Medicare. As many of my col- the worst abuses that exist in the pri- health care reform legislation, and it leagues know, I have been a strong ad- vate insurance market. Most impor- has been a long road. I would like to vocate of telemedicine since my elec- tant, it does all this without substan- congratulate the co-sponsors of this tion to the Senate. I truly believe that tially raising costs for current health legislation, Senators KASSEBAUM and establishing a telecommunications in- insurance policyholders, without med- KENNEDY. At a time when most would frastructure is a part of the solution to dling with those parts of the system have doubted that any health care re- providing affordable and accessible that work, and without taking away form bill could pass this year, they per- health care. Telemedicine is being used the ability of States or the private sec- severed. And this legislation is a fit- now in Montana, and across the United tor to initiate their own reforms. ting tribute to the senior Senator from States, to bring health care services to Mr. President, the Republican-led Kansas who retires at the end of this those who currently don’t have access. 104th Congress has once again given us year. Getting health care services can be a an opportunity to change a system In recent years, we have fought to re- challenge, especially when folks in my that has consistently failed millions of duce the number of Americans without State and in other rural areas face sit- Americans and American families. I access to health insurance and slow the uations where they are 180 miles away want to take a moment to thank the rate of growth in health care costs. from a specialist. But even if special- Republican leadership and all of those Two years ago we had a nationwide de- ists are willing and able to visit their who have worked so hard, in both par- bate on health care reform. There were patients via telemedicine, the Health ties, to bring this legislation back to many competing proposals, and ulti- Care Financing Administration will the floor. I also want to commend Sen- mately we failed to reach a consensus not reimburse them for those services. ators DOMENICI and WELLSTONE for on comprehensive health reform legis- Mr. President, HCFA has been re- their work on mental health parity. lation. viewing demonstration projects to ana- Though this provision has been In the wake of that failure, we have lyze the cost effectiveness of providing stripped from the bill, I believe their put aside our differences and taken a health care services via telecommuni- efforts will help move our country for- more incremental approach to health cations and how to reimburse the ward in treating the nearly 5 million care reform. Rather than forcing dra- health care providers. The HCFA study Americans suffering from severe men- matic change in our health care sys- has no expected deadline, but the pro- tal illness. I particularly want to com- tem, we are making small, yet impor- vision contained in this bill will re- mend the senior Senator from Kansas tant changes in the health insurance quire HCFA to complete its study and for leading the way on this issue. I also market which will give working Ameri- report back to Congress by March 1, want to thank Senator KASSEBAUM for cans something very important—peace 1997. If we pass this bill today, that the time and dedication she has given of mind.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9521 Once this legislation is enacted, ability and Accountability Act of 1996, them because of their health condition, Americans will know that if they I would like to clarify the definition of something the industry has called a change jobs they will be able to move a fixed and variable rate of interest as preexisting condition. GAO has said from one group health insurance plan it relates to the deduction of interest that 21 million Americans could ben- to another without worrying that pre- on pre-1986 life insurance contracts. efit by prohibiting preexisting condi- existing conditions will limit or ex- It is my understanding that a life in- tion exclusions. clude them from coverage. Once this surance contract with an option to Small employers are often unable to bill is enacted, families will no longer elect a variable rate of interest, which get insurance because a few of the em- face being locked into their jobs for has borne the same rate of interest ployees are ill; insurers refuse to in- fear of losing health insurance cov- since its date of issuance, is considered sure. Small employers lack the lever- erage. This bill would also assure that a contract with a fixed rate of interest. age of big employers in negotiating if a worker lost his or her job or ac- If the interest rate under this contract good prices and policies. In California, cepted a job without health insurance is changed to a variable rate as the re- 84 percent of the uninsured are in coverage, they would have the oppor- sult of the exercise of an election under working families. Fifty-two percent of tunity to purchase a health insurance the contract, the contract would then uninsured employees work in small policy without limitations or exclu- be considered a contract with a vari- firms. sions for preexisting conditions. able rate of interest. And finally, there are 10 to 20 million This legislation also includes provi- Mr. ROTH. Yes, the Senator’s under- Americans seeking to buy insurance on sions introduced by Senator COHEN, to standing is correct. their own—individual policies. These crack down on individuals who know- Mrs. FEINSTEIN. In 1945, President individuals, who are not part of a large ingly commit fraud in or health care Harry Truman proposed universal pool where risk can be spread out, find system. Not only will this help to con- health insurance, putting on the public that insurers refuse to sell to them or trol health care costs in the private in- agenda, the goal of universal health in- price the policies so high they are surance market, but it will also reduce surance, a goal that still eludes us. Too unaffordable. the fraud which plagues the Medicare many Americans find that just when GENETIC DISCRIMINATION Program. The bill includes provisions, they most need health insurance, it is I especially appreciate the inclusion authored by Senator BOND, to create not there. It is terminated. They are of provisions barring genetic discrimi- uniform, standards for the electronic denied its purchase, because they are nation in health insurance, along the transmission of health care informa- sick. They are determined to be unin- lines of S. 1600, a bill I introduced with tion in an effort to streamline and surable. Senator MACK. lower administrative costs. The bipartisan bill before us today Last fall, as cochairs of the Senate Finally, the language includes impor- does not provide health insurance to Cancer Coalition, Senator MACK and I tant tax provisions to make health in- every American. We still face that held a hearing on the status of genetics surance more affordable for the self- challenge. But the bill before us today research and use of genetic tests. We employed by allowing them to deduct a takes an important step toward mak- learned we are all carrying around be- greater percentage of their health in- ing health insurance more secure. tween 50,000 and 100,000 genes scattered surance costs. It also clarifies that the This bill provides some health secu- on 23 pairs of chromosomes and that cost of long-term care insurance is de- rity in several ways: every person has between 5 and 10 de- ductible—encouraging more Americans No Arbitrary Terminations: Insurers fective genes, often not manifested. to purchase private long-term care in- will not be able to impose preexisting Approximately 3 percent of all chil- surance. I am hopeful that this provi- condition limitations for more than an dren are born with a severe condition sion will lessen the burden of long-term initial 12-month period. This means that is primarily genetic in origin. By care costs on our Medicaid Program, that employees can change jobs with- age 24, genetic disease strikes 5 percent which many seniors fall back on once out fear or facing a new preexisting of Americans. Genetic disorders ac- they exhaust their life-savings on nurs- condition exclusion. count for one-fifth of adult hospital oc- ing home care. Guaranteed Access: Insurers will be cupancy, two-thirds of childhood hos- I recognize that there are those who required to offer insurance to all pital occupancy, one-third of preg- are disappointed in the final outcome groups, regardless of the health status nancy loss and one-third of mental re- of some of the provisions in this legis- of any member of the group and em- tardation. lation. Probably the most glaring is ployees could not be denied group cov- About 15 million people are affected the omission of the Domenici- erage based on their health status. by one or more of the over 4,000 cur- Wellstone provision providing parity Guaranteed Insurance Renewal: rently identified genetic disorders. for mental illness. During Senate con- Groups and individuals who have insur- We are learning virtually everyday sideration of the health reform pro- ance will be able to renew their poli- about the explosion of knowledge in ge- posal, I voted against the mental cies as long as they have paid their pre- netic science. We know that certain health parity amendment as well as miums. diseases have genetic links, like can- other key provisions. I did so to assist Individual Coverage Guaranteed: cer, Alzheimer’s disease, Huntington’s the managers of the bill in trying to People who leave their job where they disease, cystic fibrosis, neuro- keep the bill free of controversial pro- have had 18 months of prior employer fibromatosis, and Lou Gehrig’s disease. visions that could have slowed down group coverage and who have ex- But understanding genetics brings a the process. I also had concerns that hausted their extended [COBRA] cov- new set of problems. Witness after wit- the amendment was too encompassing. erage would be guaranteed access to an ness at our hearing raised fears of I am hopeful that Congress will act in individual policy. health insurance discrimination. And the near future on a narrower version NEED FOR THE BILL it is not just fear. It is also reality. We of this important legislation. The problems this bill addresses are heard about insurers denying coverage, In conclusion, no one got exactly real: refusing to renew coverage, or denying what they wanted on every aspect of Twenty-three million Americans lose coverage of a particular condition. this bill, myself included. Nonetheless, their insurance every year; 18 million In a 1992 study, the Office of Tech- I think we all should take satisfaction people change insurance policies annu- nology Assessment found that 17 of 29 in the passage of this legislation and ally when someone in the family insurers would not sell insurance to in- recognize that great things often come changes jobs. dividuals when presymptomatic testing form humble beginning. Thank you Mr. Over 9 million Americans changed revealed the likelihood of a serious, President. jobs in 1995; millions more wanted to. chronic future disease. Fifteen of thir- CLARIFYING CERTAIN DEFINITIONS The General Accounting Office esti- ty-seven commercial insurers that Mr. HATCH. Mr. President, with re- mates that as many as 4 million em- cover groups said they would decline spect to the corporate-owned life insur- ployees are locked into their jobs be- the applicant. Underwriters at 11 of 25 ance provision in the conference agree- cause they fear that the insurer for the Blue Cross-Blue Shield plans said they ment to the Health Insurance Port- next employer will refuse to insure would turn down an applicant if

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9522 CONGRESSIONAL RECORD — SENATE August 2, 1996 presymptomatic testing revealed the These denials not only deprive Amer- under current law businesses are al- likelihood of disease. The study found icans of health insurance, they affect lowed to deduct such premiums, fully, that insurers price plans higher—or people’s health. If people fear retalia- as a business expense, self-employed even out of reach—based on genetic in- tion by their insurer, they may be less workers receive only a 30-percent de- formation. Another study conducted by likely to provide their physician with duction—thereby increasing the cost of Dr. Paul Billings at the California Pa- full information. They may be reluc- doing business. This bill raises to 80 cific Medical Center, reached similar tant to be tested. This reluctance percent the amount of health insurance conclusions. means that physicians might not have they can deduct from their Federal in- Here are a few examples, real-life all the information they need to make come taxes, it allows the deductibility cases: a solid diagnosis or decide on a treat- of premiums for long-term care poli- An individual with hereditary ment. cies. hemochromatosis—excessive iron—who All of us are at risk of illness. We all Medical savings accounts [MSA’s] ex- runs 10K races regularly, but who had have defective genes. I hope that the pand consumer choice and ultimately no symptoms of the disease, could not addition of my language can help ease will reduce health care costs by spur- get insurance because of the disease. the fears of many Americans and dis- ring competition and greater cost-con- A health maintenance organization courage insurers from using genetics as sciousness in the use of health care. that had covered a child since birth, a reason to deny insurance. MSA’s confer upon individuals finan- denied therapy after the child was di- AN IMPORTANT STEP cial incentive to spend their health agnoses with mucopolysaccharidoses This bill, while it does not address all care dollars wisely by turning part of [MPS]. the problems, does take an important the savings over to employees, in effect A Colorado insurer terminated the step. As a measure of its importance, rewarding efficiency. policy of the family of a 3-year-old yesterday morning when agreement on Mr. President, many private busi- with the same disease. the bill reached the public, my staff nesses are already using cash incen- An 8-year-old girl was diagnosed at 14 got a call at 9:15 a.m.—6:15 a.m. Cali- tives to reduce health care costs while, days of age with PKI [phenyl- fornia time—from a worried con- at the same time, achieving great em- ketonuria], a rare inherited disease, stituent, asking, ‘‘Will it help me?’’ ployee satisfaction with the health which if left untreated, leads to retar- This bill can help make health insur- care afforded them. MSA’s provide dation. Most States require testing for ance available to those Americans who workers with a great deal of choice and this disease at birth. Her growth and want to buy it. It can bring peace of freedom. A study by the Rand Corp. es- development proceeded normally and mind to millions of Americans. It can timates that MSA’s could help low-in- she was healthy. She was insured on restore to insurance what insurance is come workers reduce health care her father’s employment-based policy, supposed to be. spending by up to 13 percent. but when the father changed jobs, the I hope we will promptly send this bill In a truly American way, MSA’s har- insurer at the new job told him that to the President for his signature and ness free enterprise to promote sorely- his daughter was considered to be a close this loophole in our erratic patch- needed efficiencies in the health care high risk patient and uninsurable. work of health insurance. economy. The mother of an elementary school Mr. HELMS. Mr. President, H.R. 3103, The fight over MSA’s is fundamen- student had her son tested for a learn- the Health Coverage Availability and tally about power. MSA’s return power ing disability. The tests revealed that Affordability Act of 1996, could very to the American worker. Proponents of the son had Fragile X Syndrome, an in- well sound the death knell for the past socialized medicine recognize that once herited form of mental retardation. years of liberal efforts to socialize MSA’s are passed, they will dramati- Her insurer dropped her son’s coverage. medicine. The truth is, it puts us well cally become a bulwark against the lib- After searching unsuccessfully for a on our way to providing a meaningful erals’ hopes for a government-con- company that would be willing to in- health care reform for millions of trolled health care system. Although sure her son, the mother quit her job so working Americans. this limited MSA program will not and she could impoverish herself and be- H.R. 3103 guarantees that American cannot instantly solve the problem of come eligible for Medicaid as insurance workers can keep their health coverage the affordability and availability of for her son. if they change or lose their jobs, which health insurance, it will be a major Another man worked as a financial will be greatly reassuring to millions step in the right direction. officer for a large national company. of American workers having pre-exist- Mr. President, the majority of Amer- His son had a genetic condition which ing conditions. Now they will be able icans are calling for health care re- left him severely disabled. The father to change jobs without fear of losing form. I believe further progress can be was tested an found to be an asymp- their health insurance. The portability made by further changes in the Tax tomatic carrier of the gene which provision, as it is called, enables em- Code. But this legislation puts us on caused his son’s illness. His wife and ployees to be covered immediately the right track. other sons were healthy. His insurer upon taking another job—regardless of Mr. LEAHY. Mr. President, today initially disputed claims filed for the their health status. over 62,000 Vermonters are included in son’s care, then paid them, but then re- Mr. President, American dissatisfac- the 40 million Americans who are with- fused to renew the employer’s group tion with the existing health care sys- out health insurance. Unfortunately, coverage. The company then offered tem has gained much of its momentum this number is increasing every year. two plans. All employees except this from the spiraling costs of medical Health insurance has simply become father were offered a choice of the two. care in the United States. In 1993, near- less available and affordable. He was allowed only the managed care ly $940 billion was spent on health care, The health insurance reform bill be- plan. more than 14 percent of the GDP; this fore us today is a small step, but a step A woman was denied health insur- percentage has been rising steadily for in the right direction. It puts an end to ance because her nephew had been di- years. Tax relief and medical savings the practices of denying health insur- agnosed as having cystic fibrosis and accounts provide the best of all solu- ance to people with chronic illness and she inquired whether she should be tions by enabling patients to make denying the renewal of policies of peo- tested to see if she was a carrier. After their own choices with their own ple that become ill. It makes health she was found to carry the gene that money. Workers and their families— care more affordable by increasing the causes the disease, the insurer told her not government bureaucrats—should health insurance tax deduction for self- that neither she nor any children she decide how much to spend on health employed individuals from the current might have would be covered unless her care and which health care benefits 30 percent to 80 percent over the next husband was determined not to carry best meet their needs. 10 years and makes the cost of long- the CF gene. She went for several This bill, H.R. 3103, will partially cor- term care, such as expenses for nursing months without health insurance be- rect a senseless disparity in the Tax home and home health care, tax de- cause she sought genetic information Code concerning the deductibility of ductible just as other medical expenses about herself. health insurance premiums. Whereas are today.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9523 The passage of this bill is a hard-won ployer-based health insurance system. I also can’t pretend that this pro- battle. I do have concerns, however, I believe that we must move far beyond posal will fix all of the problems in the about the magnitude of the experi- this bill, to comprehensive health care American health care system. Many mental provision to allow 750,000 reform, in order to ensure that every Americans will benefit from this pro- health care policies to be withdrawn American and legal resident knows posal. But many of the 40 million from traditional insurance system to that they have health insurance cov- Americans who are currently unin- create a medical tax shelter for routine erage. However, we must do what we sured will not be among them. I am medical bills. I plan to watch this dem- can, now, to make the first needed particularly concerned that so many onstration closely to make sure that it changes to the American health care children continue to be uninsured. In a does what it is intended to do—increase system. recent study, the GAO analyzed the re- the number of insured—and not just in- Right now, we can help the many cent decline in health insurance among crease premiums for people that have Americans who are currently excluded children and concluded that this de- traditional health insurance policies. from meaningful health coverage be- cline in coverage has been con- While, as I said, this bill moves us in cause they are subject to preexisting centrated among low-income children. the right direction, I have to be clear condition exclusions or are unable to This report also noted that the propor- that its passage is bittersweet. This purchase an individual policy. This bill tion of children who are uninsured— bill does not address the larger issue of will address these significant problems. 14.2 percent, or 10 million children—is the skyrocketing cost of health care This bill’s great strength is that it at the highest level since 1987. I believe which will continue to be a looming will enable American workers to re- that all children should have health in- problem that Americans face. And I am spond to our changing economy. surance, and that this insurance should disappointed that the final bill does Today, workers risk losing their exist- cover children’s complete develop- not include a provision to end discrimi- ing coverage when they seek new skills mental needs. nation against people with mental ill- or new opportunities. If they can find a In addition, health insurance pre- ness by requiring insurers to treat replacement policy through a new em- miums will continue to be unaffordable mental illness coverage the same as ployer or in the individual market, it for many, and the significant indi- coverage for physical conditions. may leave them under-insured. They vidual insurance market reforms will I am also very concerned that the bill can be subject to a preexisting condi- not affect people who are already unin- before us today calls for nationwide tion exclusion that excludes a part of sured. Our population will continue to data networks for health information their body, or a significant health age and Medicare and Medicaid spend- to be established within 18 months but problem, from coverage, even though ing will therefore continue to escalate. contemplates delay of the promulga- they have maintained insurance cov- Overall health expenditures—Federal tion of any privacy protection for 42 erage for many years. Because of these and State programs, private insurance months. That is not the way to pro- constraints, many Americans don’t and out-of-pocket spending which al- ceed. When the American people be- dare switch employers or career-paths. ready consume more than 12 percent of come aware of what this law requires This job-lock phenomenon, which has GDP—will continue to grow. and allows by way of computer trans- reportedly affected 25 percent of all We need to recognize that these in- mission of individually identifiable Americans, would be eliminated by this surance reforms represent an impor- health information without effective bill. tant step, but only a first step. Until privacy protection, they should de- In addition, the portability and re- all Americans are guaranteed health mand, as I do, prompt enactment of newability protections in this bill will coverage, we cannot claim to have privacy protection. give more Americans the health cov- fixed the health care crisis. We clearly Despite these concerns, the steps erage flexibility they need to survive failed 2 years ago. We need to ensure that this bill takes are long overdue. in our changing economy. This bill that every American, regardless of Two years ago, Congress was engaged takes a responsible approach to ensur- their ability to pay or the generosity of in a great battle over how to get health ing continued access to health care—in their employer, maintains a meaning- care costs under control and make the individual market if necessary—for ful right to health care. We also need health care services available to all workers who are displaced by corporate to ensure that every American bears Americans. That battle heeded few re- downsizing and other lay-offs. Because their individual responsibility pay for sults and left millions of Americans our economy is fluid and unpredictable, their health care—to the extent pos- frustrated and disappointed that health we need to fix these flaws in our em- sible—and the information they need care would continue to be out of their ployer-based health insurance system. to make informed decisions about the reach. The obstacles that prevented I believe that this is critically impor- quality and price of their care. Americans from buying health insur- tant legislation, but I also believe that I applaud Senators KASSEBAUM and ance have not gone away and Congress this legislation could have been better. KENNEDY for their determination and now owes it to Americans to pass this It should have included provisions re- hard work on this bill. Their efforts, bill to address some of the issues that quiring equitable treatment for mental over a number of months, to bring this these individuals face. health care—if not the parity provision proposal up before the Senate, and Mr. KERREY. Mr. President, I originally championed by Senators their perseverance since the Senate strongly support Senate passage of DOMENICI and WELLSTONE, then the passed this bill in April, have been re- H.R. 3103, the Health Insurance Port- compromise proposal on benefit limits markable. I believe that the com- ability and Accountability Act of 1996. that Senator DOMENICI introduced promises included in the conference re- I am proud to have been an original co- today. I am also concerned that the port reflect the legislation’s original sponsor of its predecessor, S. 1028, the portability provisions for group to indi- intent to improve access to health in- Kennedy-Kassebaum proposal that was vidual coverage were weakened by the surance for millions of working Ameri- originally introduced in July of last conference committee. I think that the cans. We still have worked to do, but year. Although I do not believe that original bill’s guarantees for individ- this bill is a meaningful first step. this legislation is as strong as the bill uals who lose group coverage and seek Mr. HATCH. Mr. President, it has that passed the Senate last April, these insurance in the individual market been a long journey to this moment in changes are still long overdue. As took the right approach. Insurers history, as we prepare to approve the many as 25 million Americans will ben- should be required to offer a broad conference agreement on H.R. 3103, the efit from these modest yet meaningful range of insurance policies to these Kassebaum/Kennedy Health Insurance reforms to the insurance market—as, customers. The conference agreement Reform Act of 1996, and send it to the for example, they move from job to job will allow insurance companies to offer President for his signature. What we or lose employer-sponsored coverage as only two policies—and even though the thought would be a sprint because the the result of corporate downsizing. bill includes some requirements for ideas made so much sense turned out This bill takes an incremental ap- these plans, I am concerned that insur- to be a marathon. proach to health care reform by fixing ers may be able to charge these indi- As one of the original cosponsors of the most egregious flaws in our em- viduals exorbitant rates. this important legislation, I am

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9524 CONGRESSIONAL RECORD — SENATE August 2, 1996 pleased the impasse which prevented added in the House and on the Senate Accordingly, I am pleased the con- this bill from moving forward has been floor to the underlying insurance bill. ference report contains language I pro- resolved. For example, the bill creates a newly posed that specifically defines any new After months of delay, the American coordinated Federal, State and local Federal health care offense to include people will soon realize the benefits of health care antifraud and abuse pro- both a knowing and willful standard of the time and energy that have been de- gram that will dramatically increase intent. voted in making this legislation a re- the enforcement authority of the De- The addition of willful in this stand- ality. partments of Health and Human Serv- ard is essential to ensure that inad- The Republican leadership in the ices and Justice. vertent or accidental conduct is not House and Senate are to be commended As Chairman of the Senate Judiciary deemed criminal. The standard is now for their steadfast commitment to Committee, I have been particularly clear that criminal liability will be im- reach an agreement with the White interested in the development of the posed only on an individual who knows House on such contentious issues as antifraud provisions. It is clear from of a legal duty and, intentionally, vio- medical savings accounts, insurance the hearings conducted in the Judici- lates that duty. portability, mental health parity, and ary Committee as well as other com- Without this clarification, legitimate advisory opinions. mittees in Congress that more effective disagreements regarding a physician’s Overall, this legislation embraces law enforcement tools are needed to medical judgment and treatment deci- many key elements of health care re- fight health care fraud. sions could have been the basis for im- form that have been pending in Con- The problems have been well-docu- posing criminal penalties. gress for over five years, even before mented by the distinguished Senator Another issue which surfaced during the 1994 health care overhaul proposal from Maine, Senator COHEN, who devel- consideration of the antifraud provi- by President and Mrs. Clinton. oped the underlying legislation from sions concerned the impact on the pro- In my opinion, H.R. 3103 is a good which many of the fraud provisions of vision of alternative and complemen- bill. It represents meaningful, work- H.R. 3103 were developed. tary health care. able, and targeted health care reform I strongly support tough and effec- As my colleagues know, I have cham- that will provide a significant measure tive measures to address fraud and pioned the cause of alternative and of assistance to millions of Americans. abuse. But in our efforts to deter, de- complementary medicine. I am sen- The underlying insurance reforms in- tect and prosecute fraudulent behavior, sitive to concerns within this commu- cluded in the bill have now been en- we need to ensure that these efforts do nity regarding unintended negative im- hanced by additional provisions that not penalize innocent behavior or unin- plications of the fraud language on the strengthen and improve the scope of tentionally bog down the delivery of provision and practice of nontradi- the legislation. health care. tional and nonmedical forms of health Although much of the controversy The practice and delivery of health care. over the past several months centered care is overwhelmingly conducted by I want to make it clear to my friends on issues unrelated to the insurance honest and well meaning individuals in the alternative and complementary provisions, it is important that we not who should not be suspected of wrong- medicine community that under this lose sight on the importance of the in- doing merely because they are physi- bill the practice of complementary, al- surance reforms. cians, hospital administrators or other ternative, innovative, experimental or This bill will provide greater assur- health care providers. investigational medical or health care ance to an estimated 25 million Ameri- Creating a cloud of suspension over itself, will not constitute fraud. cans that they can carry their health the entire health care community will I have specifically addressed these insurance coverage from job to job, not solve the fraud problem when only concerns in the legislative and con- without losing that protection, as well a few are guilty of wrongdoing. ference report language to clarify any as obtain health insurance irregardless We need to ensure that new antifraud misunderstandings or ambiguity aris- of preexisting health problems. and abuse provisions provide clear and ing from the implementation of the These protections are clearly the unambiguous guidance on what con- fraud provisions. hallmark of the Kassebaum/Kennedy stitutes fraudulent behavior. In this regard, I want to thank the bill. Equally important is that antifraud National Nutritional Foods Associa- These protections are important be- provisions avoid penalizing innocent tion, the American Chiropractic Asso- cause access to health insurance re- individuals for inadvertent or clearly ciation and the American Preventive mains one of the fundamental problems innocent behavior. Medical Association for their input. facing Americans in today’s health in- I would remind my colleagues that While it is easy to focus only on the surance market. The unfortunate fact antifraud proposals over the past sev- laudable benefits of the insurance pro- of today’s insurance market is that eral years have essentially proposed to visions in this bill, because they are so there is too little protection for indi- expand the scope of existing antifraud important, we must not lose sight of viduals and families with significant and abuse laws applicable to health the very significant tax provisions that health problems. care providers. A clear case is the ap- are also included in this legislation. This legislation is clearly aimed at plication of the antikickback laws These provisions will work to make correcting that problem. which are, at best, complex and con- health insurance more affordable, to By restricting the use of preexisting fusing and are not easily conveyed in ease the financial burdens of long-term limitations or exclusions on individ- the context of managed care. care, and to allow individuals to use in- uals, H.R. 3103 will increase access to Overly broad applications of these dividual retirement account funds for health coverage as well as provide port- laws are particularly worrisome. catastrophic health expenses without ability of insurance coverage for those As an example, the legislation cre- penalty. wishing to change jobs. ates a new Federal criminal statute Mr. President, I am very pleased that Although these changes have been under title 18 of the U.S. Code against this bill increases the percentage of described as incremental by some, they health care fraud. Fines and imprison- health insurance costs that can be de- are significant improvements in the ment for up to 10 years can be imposed ducted by the self-employed to 80 per- manner in which Americans obtain for violating provisions of the new cent. This provision takes a huge step health insurance. Through the enact- statute. toward correcting what has long been a ment of this bill, Congress is sending a Within the practice of health care, gross inequity. No one has ever been message that the status quo is unac- legitimate disagreements regarding able to defend the policy of allowing ceptable. medical judgment and treatment deci- corporations to fully deduct health in- This bill will help a significant num- sions should not be cause for imposing surance expenses, but allowing the self- ber of people and for that reason alone legal penalties. It is critical that the employed to deduct only a small por- it is worthy of passage. antifraud provisions be carefully craft- tion. At a time when we are trying to Aside from the insurance reforms, ed to avoid punishing unintentional encourage the creation of new busi- there are a number of other provisions acts by health professions. nesses, especially by those who have

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9525 been laid off from large corporations placed on early withdrawals to discour- could be pursued in this legislation, be- over the past few years, this lack of age any use of the money beside that cause I truly believe that we are not full deductibility has been a real dis- for which it is mainly intended—to pro- doing enough on mental health. One incentive. vide funds for retirement. This was idea I put forward was to direct in- Although this bill takes us most of wise, Mr. President. creased resources to mental health the way there by getting to 80 percent However, we also need to recognize through the Substance Abuse and Men- deductibility, I want to note that our that when devastating illness strikes a tal Health Services Administration. job is far from finished in this area. family, the need for cash is immediate. I put this proposal forward in a good- First, 80 percent is not enough. We This provision helps in cases where a faith effort to increase our federal must find a way to go the rest of the family is hard hit with medical ex- presence on mental health. I under- way and allow for full deductibility. penses but has the means to help pay stand the concerns of my colleagues Second, under this bill, it takes us 10 them in IRA funds. I also commend the that this would not go far enough when years to go from the 35 percent that is provision that allows IRA funds to be compared to the Domenici amendment, deductible under the current law to the used to pay for health insurance pre- but nevertheless I regret that the bill 80 percent level that this bill finally miums in cases of unemployment. This does not contain any mental health provides. I urge my colleagues to not provisions should help many families provision. I will continue to work with sit back and relax on this issue. I hope who might face the ugly choice of drop- my colleagues on this issue. that in the next Congress, we can find ping health care coverage when the Nevertheless, on balance, I am con- a way to get to full deductibility and paycheck temporarily stops. vinced that this bill will serve the in- sooner. Also included in the conference re- terests of the American people who The long-term care provisions of this port is a four year pilot project for have long sought responsible health in- bill are also very important, Mr. Presi- medical savings accounts, or MSA’s. surance reform. dent. As our population ages, millions Beginning in 1997, MSA’s are avail- Finally, Mr. President, I would be re- of families will find themselves facing able to employees covered under an miss if I did not take this opportunity the problem of how to pay for needed employ-sponsored high deductible plan to recognize the efforts of the distin- health care for aged loved ones. Up of a small employer or self-employed guished Chairman of the Committee on until now, the Medicaid program has individual. Taxpayers (including the Labor and Human Resources, Senator borne the brunt of these expenses in self-employed) will be allowed to make KASSEBAUM, who is to be commended cases where the individual or family tax-deductible contributions within for her leadership and perseverence, in did not have the resources to cover the limits of an MSA. developing this legislation. often very significant cost of nursing The number of taxpayers benefiting I can think of no fitting tribute to home care or skilled nursing assist- annually from an MSA contribution her than the enactment of this health ance. would be limited to a threshold level of reform bill. It is clear, however, that our Med- 750,000 taxpayers. Her dedication, hard work, and com- icaid system will simply not be ade- I strongly support MSA’s. I believe mon sense have been hallmarks of her quate to cover such expenses as we they will provide needed incentives for career in the U.S. Senate. move into the next century and the Americans to become more cost con- Let me also thank the ranking mi- public’s capacity to pay for these huge scious as purchasers of medical serv- nority member, Senator KENNEDY, who expenses are pushed beyond the limit. ices. MSA’s will clearly give people has also been an instrumental player The bill before us begins to address more control over their health care and leader in the development of this this problem by making it easier for in- dollars with the opportunity to save legislation. dividuals and families to pay for long- unspent MSA dollars for future health I urge my colleagues to support the term care insurance, easier for insur- and long-term care needs. conference report to H.R. 3103. ance companies to provide such cov- Mr. President, overall this legislation Mr. KENNEDY. Mr. President, I yield erage, and more beneficial to employ- represents an appropriate balance be- myself the remaining 2 minutes. ees of companies that provide such in- tween the role of the Federal Govern- Today, in spite of 18 months of Re- surance as part of an employee benefit ment with the private insurance mar- publican attempts to deny a pay in- package. These changes are key in ket in addressing the health-related crease to the most underpaid American moving the majority of the responsi- problems currently facing many of our workers, Congress will, at long last, bility for long-term care expenses from citizens. send the President legislation to raise the public sector to families and indi- However, we must recognize that we the minimum wage. Finally, 51⁄2 years viduals. are breaking new ground with the en- after the minimum wage was last in- Many of these tax provisions are very actment of this bill. The level of Fed- creased, Congress is taking steps to en- similar to changes I have long advo- eral involvement proposed in H.R. 3103 sure that all workers can earn a living cated in long-term care legislation. in the affairs of the historically private wage. These provisions are, in fact, com- marketplace of insurance products This day has been a long time com- parable to the long-term care provi- does indeed raise concerns. We will not ing; 18 months ago, in February 1995, I sions included in the quality care for ignore these concerns in the implemen- introduced legislation to raise the min- life legislation I introduced earlier in tation of this new legislation, and we imum wage to $5.65 an hour in three 50- this Congress. I believe these provi- will review carefully the long-term im- cent increments, and joined Senator sions will serve to begin to shift public pact of these provisions. DASCHLE 1 month later to introduce S. attitude from one largely of govern- Mr. President, I would also like to 413, which would have raised the min- ment dependence to one of personal re- say to the gentleman from New Mex- imum wage by 90 cents in two incre- sponsibility. Private insurance is vital ico, Senator DOMENICI, that I, too, am ments—on July 1, 1995 and July 1, 1996. to making this shift, and these provi- disappointed that the conferees could A year ago, on July 31, 1995, I offered sions will all make it much easier for not work out language on mental a resolution expressing the sense of the insurance to be a viable alternative. health. Senate that the Senate should take up Mr. President, I also want to com- I voted for that amendment, because the minimum wage increase before the ment on a small, but important, provi- I strongly believe we need to do more end of last year. It received only two sion, that will help thousands of Amer- to address the problem of mental Republican votes and was defeated. icans who are hit by high medical ex- health insurance coverage for the mil- I was unable to get a hearing on our penses. This bill allows for penalty-free lions of Americans who suffer from bill until December, and—month after withdrawals from individual retire- mental illnesses that are as dev- month—the Republican chairman of ment accounts to pay medical expenses astating to individuals and families as the Labor Committee refused to sched- that exceed 7.5 percent of the tax- physical ones. ule a markup session to consider it. payer’s adjusted gross income. During our preconference sessions, I Finally, with the very skillful assist- When the IRA concept was first en- worked with my colleagues to see if ance of the Democratic leader, Senator acted into our tax law, penalties were there were alternatives to parity which DASCHLE, I was able to offer our bill as

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9526 CONGRESSIONAL RECORD — SENATE August 2, 1996 an amendment to another bill in Mrs. KASSEBAUM. Mr. President, I rent Resolution 208, just received from March, and obtained a strong vote in say how very grateful I am to so many the House. favor of a 90-cent increase in the min- for all of the efforts that have gone The concurrent resolution (H. Con. imum wage. The Republican leader at into making the passage of the House Res. 208) was deemed agreed to. the time, Senator Dole, responded by insurance reform possible tonight. f pulling the parks bill from the floor of It is not possible to name all the the Senate. He then tied the Senate in names, and I ask unanimous consent HEALTH INSURANCE PORTABILITY procedural knots for weeks, rather they be printed in the RECORD. AND ACCOUNTABILITY ACT OF than allow a second vote on our bill. There being no objection, the mate- 1996—CONFERENCE REPORT It was only after Senator Dole left rial was ordered to be printed in the The Senate continued with the con- the Senate to campaign for the Presi- RECORD, as follows: sideration of the conference report. dency that we succeeded in scheduling Labor Committee: Dean Rosen, Susan The PRESIDING OFFICER. The a vote on our bill, and only after Hattan, Anne Rufo, David Nexon, Lauren question is on agreeing to the con- threatening to shut down the Senate. I Ewers. ference report of H.R. 3103. The yeas hope every American remembers that Finance Committee Majority: Lindy Paull, and nays have not been ordered. this victory for the working poor be- Frank Polk, Julie James, Mark Prater, Doug Mr. DOMENICI. I ask for the yeas Fisher, Gioia Bonmartini, Alex Vachon, Brig came possible only after Senator Dole and nays. left Washington to become a private Gulya, Sam Olchyk, Donna Ridenour. Minority: John Talisman, Patti The PRESIDING OFFICER. Is there a citizen. McClanahan, David Podoff, Laird Burnett, sufficient second? Now 13 months have passed since the Keith Lind. There is a sufficient second. first of the increases in our original Majority Leader: Annette Guarisco, Vicki The yeas and nays were ordered. bill would have taken effect. The Re- Hart, Susan Connell. Mr. KENNEDY. Mr. President, I ask publicans’ delaying tactics have cost Minority Leader: Rima Cohen. for the yeas and nays on the minimum minimum wage workers almost $4 bil- Joint Committee on Taxation: Ken Kies, wage increase, H.R. 3448, the Small Mary Schmitt, Carolyn Smith, Cecily Rock, lion. I hope every American remembers Business Tax Relief Act. how tenaciously and how long the Re- Brian Graff, Judy Xanthopoulos. Congressional Research Service: Beth The PRESIDING OFFICER. Is there a publicans have fought to prevent this Fuchs, Madeleine Smith, Kathleen sufficient second? increase in the minimum wage. Swendiman, Jennifer O’Sullivan, Celinda There is a sufficient second. By contrast, in vote after vote, my Franco. The yeas and nays have been ordered. Democratic colleagues have been Thanks to the staff of: House Ways and The PRESIDING OFFICER. The united in their support of fair wages for Means Committee—particularly Chip Kahn, question is on agreeing to the con- all workers. I want to salute them for Elise Gemeinhardt, and Kathy Means; House ference report on H.R. 3103. Commerce Committee—Howard Cohan, Mel- that unity and thank them for their The yeas and nays have been ordered. support throughout this long fight. ody Harned; House Economic Opportunities Committee—Russ Mueller; Congressional The PRESIDING OFFICER. The Thanks to the perseverance of my clerk will call the roll. Democratic colleagues, the poorest Budget Office Staff; House and Senate Legis- lative Counsels—particularly Bill Baird, Ed The assistant legislative clerk called American workers will see their in- Grossman, John Goetcheus, and Julie Miller. the roll. comes increase by 22 percent. By the Mr. FORD. I announce that the Sen- time next year that the second in- Mrs. KASSEBAUM. Without the dedicated efforts of our staff, it would ator from Washington [Mrs. MURRAY] crease takes effect, they will see their and the Senator from Arkansas [Mr. incomes increase by $1,800 a year, not have been possible. I mention Dean PRYOR], are necessarily absent. enough to pay for 7 months of groceries Rosen, Susan Hattan of my staff, and David Nexon and Lauren Ewers of Sen- The PRESIDING OFFICER. Are there or a year of community college. any other Senators in the Chamber de- Unlike the punitive welfare reform ator KENNEDY’s staff, and many others siring to vote? bill Congress has just passed, this raise who have spent countless time and ef- The result was announced—yeas 98, in the minimum wage will actually im- fort. nays 0, as follows: prove the lives of millions of people. It It is an important piece of legisla- will lift 300,000 people out of poverty, tion. I am very proud we have accom- [Rollcall Vote No. 264 Leg.] including 100,000 children, and save plished it in a bipartisan fashion. It YEAS—98 families across the Nation from having could not have been done without Abraham Feinstein Lott to make cruel economic decisions, such them. Akaka Ford Lugar Senator KENNEDY mentioned the Ashcroft Frahm Mack as choosing between keeping the utili- Baucus minimum wage legislation which we Frist McCain ties turned on and paying for groceries Bennett Glenn McConnell or medicine. will be voting on as well, in back-to- Biden Gorton Mikulski The real problem for much of the back votes. I will speak after those Bingaman Graham Moseley-Braun votes on something I regard very im- Bond Gramm Moynihan welfare population is their inability to Boxer Grams portant to the success of both welfare Murkowski find jobs that pay enough to support Bradley Grassley Nickles them and their families. If work does reform and the minimum wage, and Breaux Gregg Nunn Brown Harkin not pay a living wage, requiring wel- that is job training programs. Pell Bryan Hatch Pressler fare mothers to work will do nothing Without our willingness to be more Bumpers Hatfield Reid innovative and skillful in how we han- Burns Heflin to end their poverty. Robb Byrd Helms It is unfortunate that this good legis- dle job training problems, we will not Rockefeller lation for low-wage workers was cou- succeed with the type of welfare reform Campbell Hollings Chafee Hutchison Roth pled with a package of tax giveaways or minimum wage that enables us to Coats Inhofe Santorum to large and small businesses. I regret have skilled young people and re- Cochran Inouye Sarbanes Shelby that many objectionable changes to trained older people entering our job Cohen Jeffords Conrad Johnston Simon our tax laws are being made under the markets. I think that is an important Coverdell Kassebaum Simpson cover of raising the minimum wage. component of the success of those bills. Craig Kempthorne Smith On balance though, H.R. 3448 is legis- I yield any remaining time, but say D’Amato Kennedy Snowe lation that should be passed. This long again how proud and grateful I am to Daschle Kerrey Specter DeWine Kerry Stevens awaited raise in the minimum wage all who have had a hand in the passage Dodd Kohl Thomas should be delayed no longer. of this legislation. Domenici Kyl Thompson Thurmond These are important factors for hard- f Dorgan Lautenberg working men and women in this coun- Exon Leahy Warner CORRECTING THE ENROLLMENT Faircloth Levin Wellstone try. This is an extremely important Feingold Lieberman Wyden achievement and accomplishment. I OF H.R. 3103 look forward to casting my vote in The PRESIDING OFFICER. Pursuant NOT VOTING—2 favor of the increase in the minimum to the previous order, the Chair an- Murray Pryor wage. nounces the adoption of House Concur- The conference report was agreed to.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9527 Mr. BREAUX. I move to reconsider Hutchison Lott Smith payment on that issue to try and re- Inhofe Lugar Thomas the vote. Kempthorne Mack flect what is the reality, and that is a Mr. FORD. I move to lay that motion Kyl Nickles mental illness should be treated just on the table. like every other illness in our health NOT VOTING—2 The motion to lay on the table was care system. Murray Pryor agreed to. To Senator SIMON for his work on the The conference report was agreed to. privacy issues. f Mr. KENNEDY. Mr. President, I To Senator MIKULSKI and Senator move to reconsider the vote by which SMALL BUSINESS JOB PROTEC- DODD who were extremely active and the conference report was agreed to. involved in the markup and are always TION ACT OF 1996—CONFERENCE Mr. NICKLES. I move to lay that mo- REPORT involved, Senator DODD particularly, tion on the table. on children’s issues and Senator MI- The PRESIDING OFFICER. Under The motion to lay on the table was KULSKI on the impact of this legislation the previous order, the clerk will re- agreed to. and also the minimum wage legislation port the conference report to accom- Mr. FORD. Will the Senator yield to on women in our society. pany H.R. 3448. me? To Senator BREAUX for his help in The assistant legislative clerk read Mr. KENNEDY. Can I ask for order, making the compromise possible. as follows: Mr. President? And to all the others who helped. The committee of conference on the dis- The PRESIDING OFFICER. The Sen- I also thank all of my staff who agreeing votes of the two Houses on the ate will come to order. Will Senators worked so tirelessly: David Nexon who amendments of the Senate to the bill H.R. remove audible conversations to the has done such an extraordinary job 3448 to provide tax relief for small busi- Cloakroom? over many years and has devoted the nesses, to protect jobs, to create opportuni- The Chair recognizes the Senator better part of his life to trying to im- ties, to increase the take-home pay of work- from Massachusetts. prove quality health for American peo- ers, to amend the Portal-to-Portal Act of Mr. FORD. Mr. President, will the 1947 relating to the payment of wages to em- ple. I think all of us at this time are ployees who use employer-owned vehicles, Senator yield me 10 seconds? mindful of the extraordinary quality of and to amend the Fair Labor Standards Act Mr. KENNEDY. I yield. individuals on our staff who really of 1938 to increase the minimum wage rate EXPLANATION OF ABSENCE make such an enormous difference in and to prevent job loss by providing flexi- Mr. FORD. Mr. President, I would the legislative achievements and for bility to employers in complying with min- like for the record to reflect that our changes in policy. imum wage and overtime requirements good friend and colleague, DAVID Carey Parker; Nick Littlefield, our under that Act, having met, after full and PRYOR, has missed votes yesterday and free conference, have agreed to recommend overall staff director for his tireless- and do recommend to their respective Houses today because of the death in his fam- ness in both of these endeavors; Lauren this report, signed by a majority of the con- ily of his father-in-law and the funeral Ewers, who has been a key member of ferees. today. I want the record to reflect that our health staff; Jim Manley; Dennis (The conference report is printed in because it was not official business. Kelleher, Sue Castleberry, April Savoy, the House proceedings of the RECORD of I thank the Chair. Brian Moran. August 1, 1996.) Mr. KENNEDY. Mr. President, in the I, too, want to thank Dean Rosen and The PRESIDING OFFICER. The last half hour, we have experienced a Susan Hattan of Senator KASSEBAUM’s question is on agreeing to the adoption double-header victory for the American staff. of the conference report. The yeas and people: health care and a raise in the I think we have been fortunate on nays have been ordered. The clerk will minimum wage. In a sense, both these our committee to have Republican and call the roll. bills had nine lives, and they needed all Democratic staff. There have been ex- The legislative clerk called the roll. of them. But they have come to a suc- tremely important and cooperative, Mr. FORD. I announce that the Sen- cessful resolution this evening and, and have high talent on both sides of ator from Washington [Mrs. MURRAY] hopefully, they will be on the Presi- the aisle. Senator MOYNIHAN’s staff, and the Senator from Arkansas [Mr. dent’s desk in the very near future. Laird Burnett and Jon Talisman, have I would like to just take a moment— PRYOR], are necessarily absent. been enormously helpful. The result was announced—yeas 76, I know others want to address the Sen- Finally, I also thank Minority Lead- nays 22, as follows: ate and we still have time for discus- er GEPHARDT in the House of Rep- sion on these two measures—but I do resentatives for his strong support and [Rollcall Vote No. 265 Leg.] want to at this time express my very, advocacy in working with all of our YEAS—76 very strong personal appreciation for friends and Members of our party. Abraham Frist Mikulski the support, the assistance, and the Congressman DINGELL, Congressman Akaka Glenn Moseley-Braun ASCHLE AXMAN Baucus Gorton Moynihan help of our leader, Senator D , W and the others in the House Bennett Graham Murkowski for his leadership throughout the proc- who participated in the conference Biden Grams Nunn ess on both of these pieces of legisla- committee. I am grateful to all of Bingaman Grassley Pell tion, as well as so much other legisla- them. Boxer Gregg Pressler tion. With respect to the minimum wage, Bradley Harkin Reid Breaux Hatch Robb I pay tribute, as I did earlier, to Sen- this uphill effort against the odds could Bryan Hatfield Rockefeller ator KASSEBAUM for sponsoring the leg- not have succeeded without the leader- Bumpers Heflin Byrd Hollings Roth islation and for all that she has done to ship and support of Secretary of Labor Campbell Inouye Santorum move it forward. Bob Reich and the contributions of his Chafee Jeffords Sarbanes To Senator HARKIN for his work on Department. Many people there lent us Shelby Cohen Johnston the genetic information, the fraud and their expertise, but let me single out Conrad Kassebaum Simon D’Amato Kennedy Simpson abuse provisions. He has been tireless Assistant Secretary Geri Palast, Chief Daschle Kerrey Snowe in both of these areas, as well as many Economist Lisa Lynch, John Fraser at DeWine Kerry Specter others. the Wage and Hour Administration, Dodd Kohl Stevens Senator WELLSTONE’s work on domes- and Seth Harris at the Office of Policy. Domenici Lautenberg Thompson Dorgan Leahy Thurmond tic violence, the mental health issues Many organizations made a dif- Exon Levin Warner has been enormously important, and ference in this effort, but I want espe- Feingold Lieberman Wellstone although we did not achieve them in cially to thank the U.S. Catholic Con- Feinstein McCain Wyden Ford McConnell this legislation, I think all of us have ference, the Women’s Legal Defense an understanding we are going to re- Fund, the Mon Valley Unemployed NAYS—22 visit those issues in September, and I Council, and the Business and Profes- Ashcroft Coats Faircloth look forward to joining with Senator sional Women USA for all of their help. Bond Cochran Frahm Brown Coverdell Gramm WELLSTONE, Senator DOMENICI and oth- As always, the AFL-CIO and its unions Burns Craig Helms ers for, hopefully, an important down- worked very hard for this legislation,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9528 CONGRESSIONAL RECORD — SENATE August 2, 1996 even though very few union members To be brigadier general the U.S Army while assigned to a position of earn wages low enough to be affected Col. Christopher J. Luna, 000–00–0000, Air Na- importance and responsibility under title 10, by this increase. They did so because tional Guard of the United States. United States Code, section 601(a): they honor work and care about the The following-named officer for appoint- To be lieutenant general well-being of every American—not just ment to the grade of lieutenant general in Maj. Gen. Eric K. Shinseki, 000–00–0000. their members. Chris Owens worked the United States Air Force while assigned The following-named officers for pro- with all of these groups to help educate to a position of important and responsibility motion in the Regular Army of the United under title 10 United States Code, section States to the grade indicated under title 10, the public and the Congress. 601: Finally, on my own staff, Sarah Fox United States Code, sections 611(a) and 624: To be lieutenant general devoted her phenomenal energy to this To be major general bill for a year before leaving to join the Maj. Gen. Roger G. DeKok, 000–00–0000. Brig. Gen. Michael W. Ackerman, 000–00–0000. National Labor Relations Board. And The following-named officer for appoint- Brig. Gen. Frank H. Akers, Jr., 000–00–0000. Ross Eisenbrey, a congressional fellow ment to the grade of lieutenant general in Brig. Gen. Leo J. Baxter, 000–00–0000. the U.S. Air Force while assigned to a posi- Brig. Gen. Roy E. Beauchamp, 000–00–0000. detailed from the Department of Labor, tion of importance and responsibility under Brig. Gen. Kenneth R. Bowra, 000–00–0000. worked very hard over the last 16 title 10, United States Code, section 601: Brig. Gen. Kevin P. Byrnes, 000–00–0000. months to help us accomplish this 22 To be lieutenant general Brig. Gen. Michael A. Canavan, 000–00–0000. percent pay increase for millions of Maj. Gen. Patrick K. Gamble, 000–00–0000. Brig. Gen. Robert T. Clark, 000–00–0000. Americans. Brig. Gen. Michael L. Dodson, 000–00–0000. The following-named officer for reappoint- Brig. Gen. Robert B. Flowers, 000–00–0000. I thank the majority leader for his ment to the grade of lieutenant general in Brig. Gen. Peter C. Franklin, 000–00–0000. help and assistance and courtesy on the U.S. Air Force while assigned to a posi- Brig. Gen. Thomas W. Garrett, 000–00–0000. these issues, as on others. tion of importance and responsibility under Brig. Gen. Emmitt E. Gibson, 000–00–0000. Mr. President, I yield the floor. title 10 United States Code, section 601: Brig. Gen. David L. Grange, 000–00–0000. Several Senators addressed the To be lieutenant general Brig. Gen. David R. Gust, 000–00–0000. Chair. Lt. Gen. Lester L. Lyles, 000–00–0000. Brig. Gen. Mark R. Hamilton, 000–00–0000. The PRESIDING OFFICER. The Sen- The following-named officer for appoint- Brig. Gen. Patricia R.P. Hickerson, 000–00– ator from South Carolina. ment to the grade of lieutenant general 0000. f while assigned to a position of importance Brig. Gen. Robert R. Ivany, 000–00–0000. and responsibility under title 10, United Brig. Gen. Joseph K. Kellogg, Jr., 000–00–0000. EXECUTIVE SESSION States Code, section 601: Brig. Gen. John M. LeMoyne, 000–00–0000. To be lieutenant general Brig. Gen. John M. McDuffie, 000–00–0000. Brig. Gen. Freddy E. McFarren, 000–00–0000. EXECUTIVE CALENDAR Maj. Gen. John B. Sams, Jr., 000–00–0000, U.S. Brig. Gen. Mario F. Montero, Jr., 000–00–0000. Air Force. Brig. Gen. Stephen T. Rippe, 000–00–0000. Mr. THURMOND. Mr. President, I The following-named officer for reappoint- ask unanimous consent that the Sen- Brig. Gen. John J. Ryneska, 000–00–0000. ment to the grade of lieutenant general Brig. Gen. Robert D. Shadley, 000–00–0000. ate immediately proceed to executive while assigned to a position of importance Brig. Gen. Edwin P. Smith, 000–00–0000. session to consider the following nomi- and responsibility under title 10, United Brig. Gen. John B. Sylvester, 000–00–0000. nations on the Executive Calendar: States Code, section 601: Brig. Gen. Ralph G. Wooten, 000–00–0000. Calendar Nos. 687 through 709, 711 To be lieutenant general MARINE CORPS through 715 and all nominations placed Lt. Gen. Charles T. Robertson, 000–00–0000, The following-named brigadier generals of on the Secretary’s desk in the Air U.S. Air Force. the U.S. Marine Corps Reserve for promotion Force, Army, Marine Corps, and Navy. The following-named officer for reappoint- to the grade of major general, under the pro- I further ask unanimous consent that ment to the grade of lieutenant general visions of section 5898 of title 10, United the nominations be confirmed, the mo- while assigned to a position of importance States Code: tions to reconsider be laid upon the and responsibility under title 10, United To be major general States Code, section 601: table, the President be immediately Brig. Gen. John W. Hill, 000–00–0000, USMCR. notified of the Senate’s action, and To be lieutenant general Brig. Gen. Dennis M. McCarthy, 000–00–0000, that the Senate then return to legisla- Maj. Gen. Frank B. Campbell, 000–00–0000, USMCR. tive session. U.S. Air Force. The following-named colonels of the U.S. I might say, these are military nomi- ARMY Marine Corps for promotion to the grade of nations. The following-named officer for reappoint- brigadier general, under the provisions of The PRESIDING OFFICER. Is there ment to the grade of lieutenant general in section 624 of title 10, United States Code: objection? Without objection, it is so the United States Army while assigned to a To be brigadier general position of importance and responsibility Col. Robert R. Blackman, Jr., 000–00–0000, ordered. under title 10, United States Code, section USMC. The nominations considered and con- 601(a): firmed, en bloc, are as follows: Col. William G. Bowdon III, 000–00–0000, To be lieutenant general USMC. PANAMA CANAL COMMISSION Maj. Gen. David L. Benton, 000–00–0000. Col. James T. Conway, 000–00–0000, USMC. Alberto Aleman Zubieta, a citizen of the The following-named Army Medical Serv- Col. Keith T. Holcomb, 000–00–0000, USMC. Republic of Panama, to be Administrator of ice Corps Competitive Category officer for Col. Harold Mashburn, Jr., 000–00–0000, the Panama Canal Commission. appointment in the Regular Army of the USMC. UNIFORMED SERVICES UNIVERSITY OF THE United States to the grade of brigadier gen- Col. Gregory S. Newbold, 000–00–0000, USMC. HEALTH SCIENCES eral under the provisions of title 10, United The following-named colonel of the U.S. Everett Alvarez, Jr., of Maryland, to be a States Code, sections 611(a) and 624(c): Marine Corps for promotion to the grade of Member of the Board of Regents of the Uni- To be brigadier general brigadier general, under the provisions of formed Services University of the Health Col. Mack C. Hill, 000–00–0000, U.S. Army section 624 of title 10, United States Code: Sciences for a term expiring May 1, 1999. (Re- The following-named Army Medical Corps To be brigadier general appointment). Competitive Category officers for appoint- Col. Guy M. Vanderlinden, 000–00–0000, AIR FORCE ment in the Regular Army of the United USMC. The following-named officer for promotion States to the grade of brigadier general The following-named colonel of the U.S. in the Regular Air Force of the United under the provisions of title 10, United Marine Corps for promotion to the grade of States to the grade indicated under title 10, States Code, sections 611(a) and 624(c): brigadier general under the provisions of sec- United States Code, section 624: To be brigadier general tion 624 of title 10, United States Code: To be brigadier general Col. Ralph O. Dewitt, Jr., 000–00–0000, U.S. To be brigadier general Col. Gilbert J. Regan, 000–00–0000, U.S. Air Army. Col. Arnold Fields, 000–00–0000, USMC. Force. Col. Kevin C. Kiley, 000–00–0000, U.S. Army. The following-named officer for appoint- The following-named officer for appoint- Col. Michael J. Kussman, 000–00–0000, U.S. ment to the grade of lieutenant general in ment in the Reserve of the Air Force, to the Army. the U.S. Marine Corps while assigned to a po- Air Force, to the grade indicated, under title Col. Darrel R. Porr, 000–00–0000, U.S. Army. sition of importance and responsibility under 10, United State Code, sections 8374, 12201, The following-named officer for appoint- the provisions of section 601(a) title 10, and 12212: ment to the grade of lieutenant general in United States Code:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9529 To be lieutenant general Brig. Gen. Edmond W. Boenisch, Jr., 000–00– Navy nominations of Michael P. Agor, and Maj. Gen. Carlton W. Fulford, Jr., 000–00– 0000, Air National Guard. ending Donald H. Flowers, which nomina- 0000. Brig. Gen. Stewart R. Byrne, 000–00–0000, Air tions were received by the Senate and ap- National Guard. peared in the CONGRESSIONAL RECORD of May The following-named officer, on the active- Brig. Gen. John H. Fenimore, V, 000–00–0000, 17, 1996. duty list, for promotion to the grade of brig- Air National Guard. Navy nominations beginning William S. adier general in the U.S. Marine Corps in Brig. Gen. Johnny J. Hobbs, 000–00–0000, Air Adsit, and ending Crispin A. Toledo, which accordanmce with section 5046 of title 10, National Guard. nominations were received by the Senate and United States Code: Brig. Gen. Stephen G. Kearney, 000–00–0000, appeared in the CONGRESSIONAL RECORD of Theodore G. Hess, 000–00–0000. Air National Guard. June 3, 1996. NAVY Brig. Gen. William B. Lynch, 000–00–0000, Air Navy nominations beginning Johnny P. The following-named officers for promition National Guard. Albus, and ending Mark E. Schultz, which in the Naval Reserve of the United States to To be brigadier general nominations were received by the Senate and the grade indicated under title 10, United appeared in the CONGRESSIONAL RECORD of Col. Brian E. Barents, 000–00–0000, Air Na- States Code, section 5912: June 3, 1996. tional Guard. UNRESTRICTED LINE Navy nominations beginning Anthony L. Col. George P. Christakos, 000–00–0000, Air Evangelista, and ending Laura C. To be real admiral National Guard. McClelland, which nominations were re- Rear Adm. (lh) James Wayne Eastwood, 000– Col. Walter C. Corish, Jr., 000–00–0000, Air Na- ceived by the Senate and appeared in the tional Guard. 00–0000, U.S. Naval Reserve. CONGRESSIONAL RECORD of July 9, 1996. Rear Adm. (lh) John Edwin Kerr, 000–00–0000, Col. Fred E. Ellis, 000–00–0000, Air National NOMINATION OF ADM. JAY L. JOHNSON U.S. Naval Reserve. Guard. Rear Adm. (lh) John Benjamin Totushek, Col. Frederick D. Feinstein, 000–00–0000, Air Mr. WARNER. On that list, Mr. 000–00–0000, U.S. Naval Reserve. National Guard. President, appears the name of Admi- Col. William P. Gralow, 000–00–0000, Air Na- RESTRICTED LINE ral Johnson, who will take over as tional Guard. To be rear admiral Chief of Naval Operations, succeeding Col. Douglas E. Henneman, 000–00–0000, Air Admiral Boorda, a man for whom all of Rear Adm. (lh) Robert Hulburt Weidman, Jr., National Guard. us had the highest respect, a man in 000–00–0000, U.S. Naval Reserve. Col. Edward R. Jayne II, 000–00–0000, Air Na- whom the Navy, from the lowest rank- STAFF CORPS tional Guard. ing enlisted sailors to the top flag offi- To be rear admiral Col. Raymond T. Klosowski, 000–00–0000, Air National Guard. cers, had confidence. In the wake of the Rear Adm. (1h) M. Eugene Fussell, 000–00– Col. Fred N. Larson, 000–00–0000, Air National tragedy concerning Admiral Boorda, it 0000, U.S. Naval Reserve. Guard. will be a challenge for Admiral John- The following-named officer for appoint- Col. Bruce W. Maclane, 000–00–0000, Air Na- son to lead the Navy. But having got- ment to the grade of vice admiral in the U.S. tional Guard. ten to know him, having talked to Navy while assigned to a position of impor- Col. Ronald W. Mielke, 000–00–0000, Air Na- many, many naval officers who know tance and responsibility under title 10 tional Guard. United States Code, section 601: Col. Frank A. Mitolo, 000–00–0000, Air Na- him, both active and retired, I can say To be vice admiral tional Guard. that he is regarded as the man best qualified in the U.S. Navy today to as- Rear Adm. (Selectee) Lyle G. Bien, 000–00– Col. Frank D. Rezac, 000–00–0000, Air Na- 0000. tional Guard. sume this role of leadership at this Col. John P. Silliman, Jr., 000–00–0000, Air time in the Navy’s history. NAVY National Guard. Mr. President, I would like to read The following-named officer for reappoint- Col. George E. Wilson III, 000–00–0000, Air Na- from a letter forwarded to me by a ment to the grade of Admiral in the U.S. tional Guard. Navy while assigned to a position of impor- former Chief of Naval Operations, Ad- tance and responsibility under title 10, NOMINATIONS PLACED ON THE SECRETARY’S miral Trost. Admiral Trost once served United States Code, sections 601 and 5033: DESK with me in the Department of the CHIEF OF NAVAL OPERATIONS IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY Navy. He was my naval aide. He writes To be admiral Air Force nominations beginning Gregory as follows: ‘‘Admiral Johnson enjoys Adm. Jay L. Johnson, 000–00–0000. O. Allen, and ending Stephen M. Wolfe, the confidence of his fellow flag offi- which nominations were received by the Sen- cers who see him as the team leader AIR FORCE ate and appeared in the CONGRESSIONAL who will lead them in successfully The following-named officer for appoint- RECORD of June 3, 1996. meeting the challenges which face our ment to the grade of general in the U.S. Air Air Force nominations beginning Derrick Force while assigned to a position of impor- Navy now and in the future. He is the K. Anderson, and ending Joni E. Young, officer deemed best-suited to lead our tance and responsibility under title 10 which nominations were received by the Sen- superb Navy onward into the 21st cen- United States Code, section 601: ate and appeared in the CONGRESSIONAL To be general RECORD of June 3, 1996. tury.’’ Lt. Gen. Howell M. Estes III, 000–00–0000. Air Force nominations beginning Stephen May the new Chief have ‘‘fair winds D. Chiabotti, and ending John M. Lopardi, and following seas.’’ ARMY which nominations were received by the Sen- I yield the floor, Mr. President. The following U.S. Army National Guard ate and appeared in the CONGRESSIONAL Mr. BYRD. Mr. President, I do not officer for promotion in the Reserve of the RECORD of June 3, 1996. support the nomination of Admiral Army to the grade indicated under title 10, Army nominations of Wayne E. Anderson, Johnson for the top uniformed position United States Code, sections 3385, 3392 and which was received by the Senate and ap- in the Navy, Chief of Naval Operations. 12203(a): peared in the CONGRESSIONAL RECORD of June To be major general 18, 1996. I take this position because I believe that the stormy seas that the Navy has Brig. Gen. Gerald A. Rudisill, Jr., , 000–00– Army nominations beginning Ann L. 0000. Bagley, and ending *Burkhardt H. Zorn, experienced in recent years call for the which nominations were received by the Sen- selection of Navy leaders who can serve AIR FORCE ate and appeared in the CONGRESSIONAL as an inspiration not only in their The following-named officer for promotion RECORD of July 11, 1996. warfighting specialties and military in the Regular Air Force of the United Army nominations beginning James W. States to the grade indicated under title 10, Baik, and ending Peter C. Young, which prowess, but who also demonstrate a United States Code, section 624: nominations were received by the Senate and solid commitment to the avoidance of To be brigadier-general appeared in the CONGRESSIONAL RECORD of the slightest appearance of conflict of interest. Col. Garry R. Trexler, 000–00–0000. July 11, 1996. Marine Corps nominations beginning Rich- The following-named officers for appoint- In this case, Admiral Johnson re- ard L. West, and ending Paul P. Harris, ment in the Reserve of the Air Force, to the ceived substantial sums of money, over which nominations were received by the Sen- grade indicated, under the provisions of title $175,000 over the last 6 years, to serve ate and appeared in the CONGRESSIONAL 10, United States Code, sections 8373, 8374, on the board of an insurance company, RECORD of July 9, 1996. 12201, and 12212: Marine Corps nomination of John Joseph USAA, which caters to military offi- To be major general Canney, which nominations was received by cers. I know that his acceptance of this Brig. Gen. Keith D. Bjerke, 000–00–0000, Air the Senate and appeared in the CONGRES- position was legitimate, and was en- National Guard. SIONAL RECORD of July 11, 1996. tirely legal. I do not know how much

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9530 CONGRESSIONAL RECORD — SENATE August 2, 1996 time the position demanded of Admiral that will serve him well as our Nation’s whose lives will be better because of Johnson in his off-duty hours. I do not next Chief of Naval Operations. I what has been achieved here today. raise any issue of wrongdoing in this strongly support Admiral Johnson’s I yield the floor. matter. But there is the inherent ap- confirmation to serve as the next CNO. Mr. DASCHLE addressed the Chair. pearance of conflict of interest in serv- I have every confidence Admiral John- The PRESIDING OFFICER. The ing as an active duty Admiral while ap- son will serve our Nation well in this Democratic leader. pearing to endorse a commercial insur- important position. Mr. DASCHLE. Mr. President, the ance service catering to other naval of- f Senator from Massachusetts has said it ficers, by virtue of the fact that he ac- so well. I wish to associate myself with cepted a paid position on its Board of LEGISLATIVE SESSION his remarks. Directors. I note that the Secretary of The PRESIDING OFFICER. Under This is a very important day for all Defense has now disallowed this prac- the previous order, the Senate will now of us. But I cannot think of anyone tice of serving on such boards for re- return to legislative session. who deserves more credit and more numeration, but I think it does not Several Senators addressed the commendation for the tremendous show the kind of judgement I would ex- Chair. work that it has taken to get us to this pect of someone whose personal exam- The PRESIDING OFFICER. The Sen- point of passage of essential health re- ple must guide the Navy after an era ator from Massachusetts. form than the senior Senator from with too many instances of misconduct Mr. KERRY. Mr. President, I will Massachusetts, Senator KENNEDY. and poor judgment on the part of Navy only take a moment, if I may. It has been my great pleasure to leaders. f work with him, not only on this legis- I support the Navy. It involves tough, A TRIBUTE TO LEADERSHIP lation but on so many other matters. demanding work, with long periods of In the view of many of us, he is a pro- family separation serving in dangerous Mr. KERRY. Mr. President, I would fessional’s professional. His dedication, environments across the world. The like to pay a special tribute to the his intelligence, his integrity, his will- spirit of courageous service and the ex- leadership of two Senators on the ingness to compromise and work with pertise the Navy daily demonstrates in issues that we have just passed. There Senators from both sides of the aisle on warfighting and in making ready for are a lot of people who often question both sides of the issues has been proven warfighting needs to be matched with what happens around here and the throughout this effort to pass this better judgement in areas involving ap- meaning of the life of being a Senator, health bill. parent financial conflicts of interest. and some people have, obviously, cho- His persistence and perseverance to These issues of character need to be ad- sen to engage in a different life and ensure that at some point in this ses- dressed in a way that will serve as a move on, some out of frustration from sion we would enact the Kennedy- sorely needed example in a society what you can get done around here. Kassebaum bill is a tribute to him and where standards and values seem to be I think the example of my senior col- to the extraordinary effort that he has slipping away from where they should league, Senator KENNEDY from Massa- put forth. So I want to commend him, be. This is the message I wish to con- chusetts, on the legislation that we commend his extraordinary staff and vey in stating my opposition to this have just passed, both the health care all of those responsible for bringing us nomination. Let the record show that, bill and the minimum wage, is pre- to this point this afternoon. if a roll call vote were taken on this cisely what being a U.S. Senator is all As the distinguished junior Senator nomination, I would be recorded as vot- about and why it is so important for from Massachusetts indicated, the Sen- ing ‘‘no.’’ people to be able to make a difference ator from Kansas also deserves our Mr. KEMPTHORNE. Mr. President, I in the lives of our fellow citizens. thanks and a great deal of credit for rise in strong support of the nomina- Both of these bills have happened be- working so diligently with Senator tion of Adm. Jay Johnson to serve as cause of many people, and Senator Chief of Naval Operations. KENNEDY and all of us to bring about KENNEDY graciously mentioned many this very important accomplishment. As the chairman of the Personnel of those involved in it. Subcommittee of the Armed Services This is a day that will affect many, But I think all of us know that on many millions of Americans, Ameri- Committee, I have taken a very close day after day after day he was down look at Admiral Johnson’s record of cans who care deeply about their here on the floor blocking, pushing te- service, his leadership qualities, his vi- health and the health of their families, naciously, advocating on behalf of peo- sion for the Navy and his character to Americans who deeply need help to find ple who do not often have a loud voice insure he will lead the Navy with dis- and afford adequate health insurance. on the floor of the U.S. Senate. Mil- tinction and honor into the next cen- We are going to be able to help families lions of Americans will now earn more tury. do that in large measure, thanks to the Based upon all of the information and millions of Americans will pre- accomplishments and to the extraor- provided to the Armed Services Com- serve more of their income as well as dinary leadership demonstrated today mittee and a private meeting in my of- the fabric of their lives as a con- by Senators KENNEDY and KASSEBAUM. fice, I have concluded Admiral Johnson sequence of his extraordinary commit- I yield the floor. is the best person to assume the chal- ment to these two issues. I think the Mrs. BOXER addressed the Chair. lenges and opportunities that appear entire Senate should salute the mean- The PRESIDING OFFICER. The Sen- on the horizon for the next Chief of ing that he has given to being a Sen- ator from California. Naval Operations. ator and a legislator in the course of Mrs. BOXER. Thank you, Mr. Presi- Admiral Johnson has an exceptional these efforts. dent. record of performance as a naval avi- For Senator KASSEBAUM, who will be f ator. During his career, Admiral John- leaving the U.S. Senate, I think that HEALTH CARE AND MINIMUM son has also served with distinction in this health care bill would not have WAGE LEGISLATION numerous command positions such as been on the floor, notwithstanding Commanding Officer VF–84, Com- Senator KENNEDY’s great efforts, had Mrs. BOXER. Mr. President, I rise to mander Carrier Air Wing One, Com- she not stood up and made it clear that say how pleased I am on behalf of the mander Carrier Group Eight, Com- this bill was going to find its moment people of California that we have made mander Theodore Roosevelt Battle on the floor of the U.S. Senate. She such progress on raising the minimum Group, Commander Second Fleet, Com- stood up to the leadership on her side wage tonight and passing a long over- mander Striking Fleet Atlantic, and and made that clear. due health care bill. The things that we Commander Joint Task Force 120. In So this bill is a legacy to two Sen- did tonight are going to ripple through- March, 1996 Admiral Johnson reported ators who have cared and remain stead- out this country. There has been much for duty as the 28th Vice Chief of Naval fast in their sense of priorities and of discussion of the trickle-down effect. Operations. public rectitude. I wanted to pay trib- People who work hard at the bottom A review of Adm. Jay Johnson’s ute to both of them for those efforts. end of the economic ladder deserve dig- record indicates leadership qualities And there are many, many Americans nity and an income to support their

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9531 families. Today is a good day for them. the problems of our health care system complicated. Given this, I can only It is a good day for all of us. for at least 4 years now. We have a bill hope that the MSA program laid out in I also want to pay tribute to the sen- before us which constructively address- this bill will not fail because of this ior Senator from Massachusetts, Sen- es some of these problems. And the complexity. If we must have a trial of ator KENNEDY. I had the privilege and President has indicated that he will this concept, we have the right to ex- honor of standing with him at numer- sign it. pect that it will have a fair chance to ous press conferences and briefings. We The bill preserves the essence of the succeed, and not hamstrung by overly brought small business people out who Kassebaum bill. It provides a medical complicated rules and regulations. said that they paid their people more savings account opportunity. It in- The farm community and the small than the minimum wage, and they creases the health insurance deduction business community strongly support were proud of it. They had loyal and for the self-employed. It will facilitate this MSA concept. In my State of Iowa, hard-working employees. and encourage the purchase of private a great many people are familiar with At another, we had working women long-term care insurance. And, it will high deductible health insurance poli- tell us that the difference to them be- provide major new weapons in the fight cies. I believe that many Iowa farmers tween the hourly wage they are getting against health care fraud and abuse. and small businesspeople will want to and the wage they will get after this Senator KASSEBAUM’s legislation ad- participate in this program. 90-cent-an-hour increase meant that dresses some of the most distressing Another feature of the bill that will they could pay for some long overdue health insurance problems of Ameri- be welcomed by the small business doctor bills. So we have done some- cans. It should increase the avail- community in my State is an increase thing very fine here today. ability of health insurance by requiring in the deductibility of health insurance And health care—two of the provi- insurers to issue health coverage to premiums for the self-employed from 30 sions of the Clinton health care bill businesses which want to purchase percent to 80 percent by the year 2006. were taken out of that bill and passed health insurance for their employees. One of the great inequities in our in the form of a Kassebaum-Kennedy It should substantially increase the health care system is that businesses bill. People can take their health in- portability of health insurance by lim- that offer health insurance as an em- surance with them from job to job. It is iting the ability of group health plans ployee benefit can deduct the cost of a lifting of a burden and a worry. Peo- to impose pre-existing condition exclu- that insurance from their Federal ple with pre-existing conditions, like sions on workers moving from one job taxes. The employees of those compa- high blood pressure, will not be denied to another. Workers insured in one job nies get those benefits, which are a coverage. We should be very, very will now be able to move to another job part of their earned compensation, tax proud as we leave here this evening. without fear of losing their health in- free. The self-employed, however, get Mr. President, in closing, I want to surance. It will also improve port- only the current law 30 percent deduc- call attention to one issue that was not ability for individuals moving from the tion for what they must spend for so good, not so kind, not so nice to the group to the individual health insur- health insurance. American people. When the minimum ance market. The bill provides a medical expense wage bill left the Senate, it had in it a The bill still defers to health insur- deduction for payment of qualified provision that I was honored to author. ance reforms passed by the states. In long-term care insurance premiums It would have protected widows and my State, we enacted earlier this year and expenses. This should give a boost widowers from poverty when the work- a good health insurance reform law. to the use of private long-term care in- ing spouse with a pension dies first. The Kassebaum bill defers to State in- surance. Given our Federal budget def- Currently, when the working spouse surance reforms which substantially icit problem, and the difficulty we are dies with a pension, the surviving achieve the ends the Kassebaum bill going to have as a government and so- spouse’s pension is cut 50 percent under seeks. So, my expectation is that ciety paying for the benefits we have the only pension option required by Iowans will continue to receive health already promised, we simply must en- federal law. courage increased use of private long- We can fix this problem without any insurance under the terms of the Iowa term care insurance. These provisions cost. We can offer those couples when reforms. But many States have not enacted should help. they do their pension planning an op- health system reforms. Should those Second, Senator COHEN’s waste, fraud tion that ensures the surviving spouse States continue without their own re- and abuse legislation is included in the pension is not cut in half. We could forms, the Kassebaum bill will provide bill. These provisions constitute a sub- have done that in this bill. We did it in their citizens with these protections. stantial increase in the remedies avail- the Senate’s bill on an overwhelming The bill includes a medical savings able to law enforcement for combat- 96–2 vote. But the House leadership account program. As the sponsor of one ting health care fraud and abuse. The took the provision out. of the major medical savings account I look forward to coming back here General Accounting Office has esti- proposals in the Senate, I am very after the break and working with my mated that fraud represents as much as pleased to see that the conferees agreed colleagues on the Family First agenda 10 percent of total health care spend- to include a modified version of the ing. that Senator DASCHLE has laid out: In- original proposal introduced by Con- Perhaps 10 percent does not sound come security, pension security, health gressman ARCHER and myself. like much. But 10 percent of more than care security, security in our commu- The provisions contained in the bill $900 billion per year is a huge amount nities by putting more police on the retain the essential structure of the of money. We must do our very best to beat. These are the things Democrats are MSA concept. I would have preferred to insure that we are not defrauded of any working for. I know we can reach see the maximum annual contribution of this money and that not a penny is across this aisle, as we did on the two to an MSA account be larger than 65 or wasted. bills that just passed, to carry out that 75 percent of the deductible for an indi- Mr. President, we have been prom- agenda. Then we can really feel good vidual or a family. I would have pre- ising these incremental reforms since about what we do here in the U.S. Sen- ferred that more than 750,000 be able to at least 1992. Most of us have been say- ate. participate. I do not see as a major lim- ing, since at least 1992, that we could Thank you very much, Mr. President. itation the fact that participation will easily enact reforms such as those in I yield the floor. be limited to smaller businesses and this bill. We should pass it. Mr. GRASSLEY addressed the Chair. the self-employed. That’s where the Mr. President, I feel that I should The PRESIDING OFFICER. The Sen- problem of the uninsured is greatest; conclude by making clear to my own ator from Iowa. hence, MSA’s make sense for those in- constituents what this bill is not de- f dividuals. signed to do. I think we will be making If I have any concerns about the MSA a serious mistake if we over-sell what HEALTH INSURANCE LEGISLATION provisions, Mr. President, it is that I it is designed to do and, therefore, Mr. GRASSLEY. Mr. President, Con- have been given to understand that the what it will accomplish. If we do exag- gress has been struggling to address those provisions are elaborate and gerate what this bill is designed to do,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9532 CONGRESSIONAL RECORD — SENATE August 2, 1996 the American people will be very dis- of protection from liability. All 50 tion of apparently wholesome food or an ap- appointed and disillusioned when they States and the District of Columbia parently fit grocery product that the non- discover that the bill does not live up have enacted some form of legislation profit organization received as a donation in to their expectations. aimed at extending liability protec- good faith from a person or gleaner for ulti- mate distribution to needy individuals. Therefore, I want to make clear, at tions to donors and distributors of do- ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) least to the people I serve in Iowa, nated food. Unfortunately, States have shall not apply to an injury to or death of an what this bill has never been designed taken a wide variety of approaches to ultimate user or recipient of the food or gro- to do. this issue, leaving donors and distribu- cery product that results from an act or It does not attempt to make health tors of food with a confusing patch- omission of the person, gleaner, or nonprofit insurance more affordable; work of laws with which to contend. organization, as applicable, constituting It would not completely eliminate It is my understanding that none of gross negligence or intentional mis- denial of coverage for pre-existing con- the various State laws have been tested conduct.’’. ditions; in the courts. Nevertheless, the fear of AMENDMENT NO. 5149 It would not provide portability be- potential liability continues to dis- On page 2, line 8, insert ‘‘the title heading tween different individual policies; and courage potential donors 6 years after and’’ before ‘‘sections’’. It would not necessarily mean that passage of the model statute. When On page 2, strike line 15 and insert the fol- currently uninsured individuals would Second Harvest, the Nation’s largest lowing: have to be sold a health insurance pol- network of food banks, commissioned a Samaritan’’; icy. survey last year to examine the factors (C) in subsection (b)(7), to read as follows: Having said that, let me conclude by affecting food donations, the fear of li- ‘‘(7) GROSS NEGLIGENCE.—The term ‘gross negligence’ means voluntary and conscious saying that this monumental piece of ability remained the single most im- conduct (including a failure to act) by a per- legislation is the kind of incremental portant reason why food is destroyed son who, at the time of the conduct, knew common sense reform individuals and rather than donated. that the conduct was likely to be harmful to families across the country have been Computerization and new inventory the health or well-being of another person.’’; looking for. I am proud to support it practices by some of the Nation’s larg- On page 3, line 11, strike the period and in- and I urge the President to sign it. est food retailers and distributors have sert ‘‘; and’’. meant less food is wasted in this coun- On page 3, between lines 11 and 12, insert f the following: try. For food banks, this new efficiency GOOD SAMARITAN FOOD (E) in subsection (f), by adding at the end has made it more difficult to obtain DONATION BILL the following: ‘‘Nothing in this section shall food donations. Fear of liability only be construed to supersede State or local Mr. SANTORUM. Mr. President, I makes their essential work harder. health regulations.’’. ask unanimous consent that the Sen- By enacting this measure, Congress On page 4, after line 1, insert the following: ate proceed to the consideration of will be helping to ensure that food (c) CONFORMING AMENDMENT.—The table of H.R. 2428, which is at the desk. banks can respond to the needs of the contents for the National and Community The PRESIDING OFFICER. The hungry in our communities. This mod- Service Act of 1990 is amended by striking the items relating to title IV. clerk will report. est bill should be just the first step in The legislative clerk read as follows: a sustained effort to see that other ob- Mr. KENNEDY. Mr. President, H.R. A bill (H.R. 2428) to encourage the donation stacles to charitable activities are re- 2428 provides limited immunity from of food and grocery products to nonprofit or- moved as well. tort liability for nonprofit food banks. ganizations for distribution to needy individ- I am pleased to support the bill now AMENDMENTS NOS. 5148 AND 5149 uals by giving the Model Good Samaritan that it includes my amendment clari- Food Donation Act the full force and effect Mr. SANTORUM. I understand there fying that nothing in the bill super- of law. are two amendments at the desk, one sedes State or local health regulations. The PRESIDING OFFICER. Is there by Senator LEAHY and one by Senator Tort liability is a central pillar of objection to the immediate consider- KENNEDY. I ask unanimous consent our legal system. It protects consumers ation of the bill? they be considered en bloc. by providing an incentive for reason- There being no objection, the Senate The PRESIDING OFFICER. Without able care, and it ensures reimburse- proceeded to consider the bill. objection, it is so ordered. ment for those who are injured by neg- Mr. SANTORUM. Mr. President, I The clerk will report. ligent conduct. Any exceptions to the rise to support the passage of the Good The legislative clerk read as follows: general rules of tort liability must be Samaritan Food Donation Act, H.R. The Senator from Pennsylvania [Mr. narrowly tailored. 2428. This important measure will en- SANTORUM] proposes amendments en bloc I do not object to the effort embodied courage the charitable distribution of numbered 5148 and 5149. in this bill to provide a measure of ad- food by establishing a single national Mr. SANTORUM. I ask unanimous ditional protection against liability for liability standard for the good-faith do- consent reading of the amendments be food banks. These organizations engage nation of food and grocery products. It dispensed with. in important work, and they deserve has been named in honor of my good The PRESIDING OFFICER. Without our support. I have some concerns friend, the late Bill Emerson, who objection, it is so ordered. about the scope of the protection we staunchly advocated this measure as The amendments (No. 5148 and 5149) are extending to food banks. I would well as other nutrition programs dur- were agreed to, en bloc, as follows: have preferred a definition of gross ing his service in the House of Rep- AMENDMENT NO. 5148 conduct which made clear that con- resentatives, and I believe it is a fine Beginning on page 2, strike line 16 and all duct, including a failure to act, by a tribute to his interest and commitment that follows through page 3, line 11, and in- person who knew or should have known to ensuring that hungry Americans are sert the following: that the conduct was likely to be properly fed. I would also like to com- (C) by striking subsection (c) and inserting harmful to the health or well-being of the following: mend Senator BOND and Senator LEAHY another person would still be action- ‘‘(c) LIABILITY FOR DAMAGES FROM DO- for their efforts in seeing this bill NATED FOOD AND GROCERY PRODUCTS.— able. But I am satisfied that the stand- brought to the floor as quickly as pos- ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A ard contained in this bill still requires sible. person or gleaner shall not be subject to civil that food donors and food banks exer- Liability concerns are the overriding or criminal liability arising from the nature, cise care to ensure that the food they reason why unsalable, but otherwise age, packaging, or condition of apparently donate or distribute does not harm the wholesome, food is destroyed rather wholesome food or an apparently fit grocery people receiving the food. than donated to charity. In 1990, Con- product that the person or gleaner donates My amendment makes explicit the gress attempted to address these con- in good faith to a nonprofit organization for fact that nothing in this Good Samari- ultimate distribution to needy individuals. cerns with enactment of the Model ‘‘(2) LIABILITY OF NONPROFIT ORGANIZA- tan Food Donation Act supersedes Good Samaritan Food Donation Act, TION.—A nonprofit organization shall not be State or local health regulations. If we which gave States a model statute to subject to civil or criminal liability arising diminish the protections afforded by enact in order to provide some measure from the nature, age, packaging, or condi- the tort laws, it is vital for the health

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9533 and safety of those who consume do- ger, and I appreciate the cooperation of cially for people who are squeezing to nated food that regulatory protections all Members involved in this process. make ends meet so that one parent can remain in place. Mr. SANTORUM. Mr. President, I stay home and raise the children. I also remain concerned about sub- want to say this bill was a long time So this is a wonderful accomplish- section (b) of the bill, which transfers coming. We have been hassling through ment. It is one for which will not be ap- this provision from the National and a variety of different amendments. I preciated, probably, in the near future Community Service Act to the Child want to thank Senator LEAHY, Senator because it does have to accrue into re- Nutrition Act. But I will not object or KENNEDY, and others for their coopera- tirement. But this was a great bipar- seek to amend that subsection based on tion in finally getting this bill to pass. tisan effort. my understanding that the Labor and This is a bill that really is a tribute I do want to commend Senator LOTT Human Resources Committee will con- to a friend of mine and many here in for helping us move this through. I tinue to exercise jurisdiction over this this body, Bill Emerson, who recently want to commend Senator ROTH and provision in conjunction with the Agri- passed away after a long bout with can- Congressman ARCHER for shepherding culture Committee. cer. Bill did tremendous work in the it through the committees in the I ask the Senator from Missouri if area of nutrition on the Agriculture House and Senate. I just want to say my understanding of this jurisdictional Committee in the House. This is a fit- how much I appreciate Senator MIKUL- matter is correct. ting tribute, a bill that will bear his SKI, Senator FEINSTEIN, NANCY JOHN- Mr. BOND. I agree with the Senator name, that will provide much more SON, and JENNIFER DUNN and SUSAN from Massachusetts that we have food for food banks to be able to feed MOLINARI on the House side, along with reached that understanding. needy families all over this country. BARBARA KENNELLY, for making sure Mr. KENNEDY. I thank my friend. I am very proud to have been in- that this did become an accomplish- Mr. SANTORUM. I ask unanimous volved with this effort. Thank you, Mr. ment of this session of Congress. consent the amendments be agreed, to President. Thank you, Mr. President. I yield the en bloc. Mrs. HUTCHISON addressed the floor. The PRESIDING OFFICER. Without Chair. Mr. COATS addressed the Chair. objection, it is so ordered. The amendments (Nos. 5148 and 5149) The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- were agreed to, en bloc. ator from Texas is recognized. ator from Indiana. Mr. SANTORUM. Mr. President, I f f ask unanimous consent the bill be HOMEMAKER IRA’S NATIONAL DEFENSE AUTHORIZA- deemed read the third time and passed, Mrs. HUTCHISON. Mr. President, I TION ACT FOR FISCAL YEAR and the motion to reconsider be laid want to say, along with many others 1997—CONFERENCE REPORT upon the table. The PRESIDING OFFICER. Without who have talked about some of the Mr. COATS. Mr. President, in a mo- objection, it is so ordered. really important legislation that has ment, I am going to propound a unani- The bill (H.R. 2428) was deemed read been accomplished in the last few mous-consent request that we move to the third time and passed. weeks in Congress, along with the one the conference report to accompany Mr. BOND. Mr. President, I am that I have worked the hardest for, and H.R. 3230, the National Defense Author- pleased that the Senate supported the one that I think will have a lasting ization Act for fiscal year 1997. I note overwhelmingly the passage of H.R. impact, not tomorrow and not next the absence of members of the other 2428, the Bill Emerson Good Samaritan year, but 20 years from now, and that is party on the floor. Obviously, they will Food Donation Act. the homemaker IRA’s. want to be notified of this. I do not in- This is a tremendous tribute to my When I got to the Senate, I was very tend to pull any surprises here. I will good friend and colleague from Mis- surprised that there was still the in- be propounding that UC in a few mo- souri, Congressman Bill Emerson, who equity against homemakers being able ments. represented southeast Missouri’s to save for their retirement security in The reason I do this, Mr. President, Eighth Congressional District for 16 the same way that someone who works is that we have worked long and hard years. Bill Emerson was well known in outside the home is now able to do. In and very diligently this year to avoid this body, and certainly to many fact, this penalizes the one-income- the problems that we encountered last around this city, and was loved by the earner family when the homemaker year in not moving the defense author- people of southeast Missouri. He had a stays home and raises children. I think ization bill for fiscal year 1996 as quick- long and distinguished career of service we should be encouraging homemakers ly as we would have liked. There were in the U.S. Congress. to be able to do that, rather than dis- some issues that were contentious, and Bill was especially well known for his couraging them. That is why Senator we had difficulty resolving some of work in agriculture and in the fight MIKULSKI and I introduced the home- those issues. against hunger, including being an ar- maker IRA bill in 1993. There was a determination on the dent supporter of food distribution pro- We have been working for these 3 part of the chairman and members of grams. One of his legislative priorities years, and this year, Senator ROTH, the the committee this year to avoid the this session was a bill that would make chairman of the Finance Committee problem we had last year. I commend it easier for millions of tons of unused took up our cause. He and Chairman Senator THURMOND for the extraor- food by restaurants, supermarkets, and BILL ARCHER said that this would be a dinary work that he led in bringing other private businesses to end up in priority for them, and I want to thank this item to closure in a timely fash- food pantries and shelters rather than Chairman ARCHER and Chairman ROTH ion. We held hearings earlier than we in garbage cans and dumpsters. for not only saying it would be a pri- ever have, we held markups earlier The Bill Emerson Good Samaritan ority, but for delivering on that prom- than we ever have—at least since I Food Donation Act is identical to legis- ise. They have delivered homemakers have been on the committee—and we lation championed by Bill Emerson be- of this country an equal opportunity to moved forward in an extraordinarily ef- fore his death. In the past, private do- save for their retirement security. ficient way. We resolved the conten- nors have been reluctant to make con- What this means, Mr. President, is tious issues and the differences be- tributions to nonprofit organizations that a homemaker will now be able to tween Members and between our par- because they are concerned about po- set aside $2,000 a year toward retire- ties on those issues, and we have legis- tential civil and criminal liability. ment security, accruing tax-free. That lation which now has passed both the With this legislation, private donors can make a difference of over $150,000 House and Senate, and we have a con- will be protected from such liability, in a lifetime of savings, so that now a ference report that we ought to be pre- except in cases of gross negligence and one-income-earner couple, if they both pared to vote on. intentional misconduct. Those in need save the maximum amount for 30 Now, the reason why this is so impor- will truly benefit from this legislation. years, would have around $350,000 as a tant is that within this conference re- Again, I am happy to be a part of this nest egg. That could make a big dif- port are a number of significant items commonsense approach to fight hun- ference in retirement planning, espe- that are important to the security of

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9534 CONGRESSIONAL RECORD — SENATE August 2, 1996 this Nation. Most important is funding and development; increased funding for stitution that is more important—than for antiterrorist activities that goes to development of a national missile de- providing for the national defense. I do various committees. And there prob- fense system and a tactical missile de- not know of any issue that is more im- ably is not a more pressing issue before fense system that protects our troops portant for Members of the Senate the American people right now other in the field and Americans here at than being able to say to the people than this terrorist activity that has home. that they represent that we have pro- taken place in the United States and I could go on, Mr. President, but we vided for the national security of the questions as to what the response of are faced with a situation that unnec- United States. That is our foremost ob- the Congress and the administration is essarily delays our ability to provide ligation. going to be. necessary authorization for vital na- As I said, were there outstanding dif- This legislation provides for $122 mil- tional security interests that are im- ferences of opinion on issues that we lion for the strengthening of domestic portant to the United States. I, for one, had not been able to resolve, I can un- preparedness to deal with threatened do not understand why we can’t go for- derstand why we might not be able to or actual use of nuclear, chemical, bio- ward with this. I believe I would at this do this before this Congress recesses logical, or radiological weapons. We point—— for a 30-day period of time. But, since are facing a new world today, a world Mr. SANTORUM. Will the Senator that is not the case, since there is that leaves no American safe in their yield? agreement, since it is a bipartisan home, on the streets, at the Olympic Mr. COATS. Yes. agreement, I believe we ought to, in games, in New York City, in Indianap- Mr. SANTORUM. Will the Senator the interest of national security and olis, IN, or anywhere else. It is vitally from Indiana tell me, were the Demo- the interest of combating terrorism, go important that we move forward in crats who signed this conference re- forward. And I for one do not under- providing for adequate counters to port—my understanding was that a stand why we can’t do that. these threats that exist to the Amer- majority of the Democrats on the com- Mr. KEMPTHORNE. Mr. President, ican people. This legislation begins the mittee signed this conference report, is will the Senator yield for one further process of doing just that, and the $122 that correct? question? million that is authorized in this au- Mr. COATS. This conference report is Mr. COATS. Yes. I am happy to yield thorization bill is important to accom- overwhelmingly supported by Members to the Senator. plish that purpose. of both parties, Democrats and Repub- Mr. KEMPTHORNE. This morning I If we cannot move forward before we licans. I do not have the exact num- received a personal phone call from the break for recess, we will have delayed, bers. Secretary of Defense, William Perry, for at least 30 days, and probably more, Mr. SANTORUM. My understanding who thanked me as a member of the moving this legislation onto the Presi- is that all but two Democrats signed committee for all of the efforts that dent’s desk for signature, so that we this conference report. the committee put forth so that we can begin the process of dealing with Mr. COATS. That is my under- could have this bill completed in con- the terrorist situation that we face. standing. The issues that divided us ference, and the fact that it was here There is $201 million in here to carry within this report have been resolved before the Senate. The Secretary indi- out the provisions of the Defense and accepted and signed by all but two cated that he was so pleased with this Against Weapons of Mass Destruction Members. authorization of the conference report, Act, the Nunn-Lugar Act. This is a co- Mr. SANTORUM. I thank the Sen- and he said that he was communicating operative effort between the United ator. to the President his strong desire that States and the former Soviet Union. It Mr. KEMPTHORNE. Mr. President, I the President sign this bill because this is important to the security of the ask the Senator from Indiana if it is is what the Pentagon wants, and this is United States. his belief that, so often when there is a what the administration wants. We have a number of other items in conflict anywhere in the world where Is that the Senator’s understanding here, including pay raises for military we may have to commit troops, that as well? And, again, is there any reason uniform personnel and civilian per- the one statement that you hear uni- in the world we should not move on sonnel. We have a dental insurance versally from this body and the House this tonight and give the administra- plan for retired service members and of Representatives is, ‘‘We support our tion what they have asked for? their families. We have money in here, troops.’’ Mr. COATS. I think the minority or authorization, to support research Do you believe that if we take action leader is about ready to tell us the rea- into the gulf war veterans’ illness. We on this defense authorization bill that son we can’t move forward tonight. have $466 million of authorized funds would be a strong signal to our troops Again, that just points to the bipar- for construction of new barracks, dor- that we support them and that there is tisan support. The administration has mitories and family housing. nothing that can stand in the way of signaled through the Secretary of De- For those Members who are familiar authorizing that bill tonight, and send fense, President Clinton’s appointed with the situation that exists within the message that we support our Secretary of Defense, that they are the military on family housing, who troops? happy with the bill. They thank us for have bases in their districts or in their Mr. COATS. Mr. President, I say to moving forward with the bill in an ex- States, they know of the vital impor- my friend from Idaho that, if there peditious fashion. They do not want to tance of moving forward with the rehab were outstanding issues over which we get into the situation that we got into and construction of existing housing had legitimate differences and we had last year any more than we want to put and the construction of new housing not been able to resolve those dif- them in that situation. I have received for our military. More than 60 percent ferences and that is one reason not to similar calls. It appears to be a piece of of current military housing is labeled go forward, that might be understand- legislation important to the United as substandard by military standards. able. But the issues have been resolved. States, important to the national secu- It is housing that you, I, or anybody on Democrats and Republicans have rity, one that is supported by Demo- this floor would not let our families agreed to the resolutions of the conten- crats and Republicans, one that is sup- live in, if we could help it. Yet, our tious issues. ported by the administration, and, yet, service families have no choice. It is an So, whether it is missile defense, or a we are not able to resolve to go forward urgent priority of the Secretary of De- pay raise, or readiness, or moderniza- in what Senator THURMOND and Sen- fense, the Department of Defense, and tion, or funds to combat terrorism, all ator NUNN a few hours ago said we can this Congress to begin to rehab and of those issues have been decided in the dispose of in 20 minutes. provide adequate housing for our mili- conference. We have done so in an ex- Mr. SANTORUM. Will the Senator tary. peditious fashion, and the American yield? On and on it goes. There is $6 billion public has asked us to come here and Mr. COATS. Yes. for increasing funding for procurement do our work. I do not know of anything Mr. SANTORUM. I also want to add of ships, aircraft, and tactical systems; more important—I do not know of any to that laundry list of support that the $3 billion for an increase for research mandate the Congress has in the Con- House passed this bill with a vetoproof

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9535 majority. This has overwhelming sup- to bring this up under any cir- Now, of those four—minimum wage, port in the House of Representatives. cumstances, especially under a unani- safe drinking water, health, defense— As the Senator mentioned, the Presi- mous consent agreement without any defense is the one that got here first. dent would like this bill. debate or any thoughtful deliberation, Those other three were passed today I am anxious for the Senator to pro- and without having read this. I can’t do without extended debate, with very pound his unanimous consent to see that. Not many of my colleagues can limited debate. Why? Because all of the why we cannot move forward with this do that. details had been worked out, because very vital piece of legislation for our So let us just take another breath, we have been debating the bill for national security. take another look, and we will be ready months and various committees have Mr. COATS. Mr. President, I will now to go when we come back in Sep- been meeting and all of us had the op- do that. I am sure the minority leader tember. portunity to look and determine what would like to comment on it. But I ask I yield the floor. is in the bill, to raise questions about unanimous consent that we proceed Mr. COATS addressed the Chair. any details we had concerns about, and The PRESIDING OFFICER. The Sen- immediately to the conference report to resolve the differences. All of that to accompany H.R. 3230, the National ator from Indiana. Mr. COATS. Mr. President, first of has been done. Defense Authorization Act for fiscal So anybody who has been watching all, I appreciate the fact that the mi- year 1997. nority leader is willing to read the bill this proceeding knows that we have The PRESIDING OFFICER. Is there over the August recess. I just want to just passed three major pieces of legis- objection? lation that have been in negotiation Mr. DASCHLE. Mr. President, I ob- let him know, as a member of the com- mittee who has helped negotiate the for months, and yet they were brought ject. to the floor with less time to debate The PRESIDING OFFICER. Objec- bill and is familiar with all aspects of the bill, that I will leave him my phone than the defense bill. As important as tion is heard. those bills are—health, safe drinking Mr. DASCHLE. Mr. President, I ap- number in case he has questions. He can track me down, and I will be happy water, and minimum wage conference preciate very much the comments reports—I do not believe they stand made by the distinguished Senator to answer those. But I would state to the minority higher priority than the national de- from Indiana and my other colleagues. leader that, as he well knows, we fre- fense of the United States. This is the bill. It is over 1,000 pages. quently bring a bill that comprises a I regret that the minority leader felt I will not ask the distinguished Sen- great number of pages to the floor and constrained to object to this bill. I re- ator from Indiana whether he has read pass them with less tribulation than gret that we have to delay moving for- every page or not. But I daresay that I would be accorded this particular bill. ward to the important provisions in suppose that, if anybody has, he has, as We do so because they have been sub- this legislation that affect all Ameri- thoughtful and as studious as he is. But ject to weeks, if not months, of nego- cans. there are very few people in this body tiations between members of the com- Mr. President, with that I yield the who have read this report. It is 1,000 mittee, between leadership, between all floor. pages long. We got it yesterday. Two of those involved, and all of those who Mr. ROTH addressed the Chair. Democrats on the conference refused to have questions about the various The PRESIDING OFFICER. The Sen- sign this report because they had very issues. ator from Delaware is recognized. serious concerns about it that they So when the bill finally arrives at the f would like the opportunity to discuss. floor, when it finally comes here for This is the most expensive legislation SMALL BUSINESS JOB final passage, we are all very familiar PROTECTION ACT that we will pass this year in one bill. with it, and we know what the dif- I intend to vote for it, I think. I want ferences are between us. In this par- Mr. ROTH. Mr. President, parliamen- to read it over the next couple of weeks ticular instance, probably the most tary inquiry. Under the unanimous myself. I think I will be supporting it. knowledgeable Member of the U.S. consent agreement, following the vote, But I must say it wouldn’t be a bad Senate as to the national defense we were supposed to complete the de- idea if we just took a little time, had a issues facing this country is not a Re- bate on the health legislation and then little chance to read it, and discuss publican but a Democrat—Senator SAM proceed to the legislation on the min- whether or not it is the bill we want to NUNN, chairman of the committee for imum wage and small business taxes. vote for. That is all we are asking. many, many years, now ranking mem- We are anxious to move ahead on the I have heard a lot of comments about ber of the committee. It was Senator small business tax legislation. how this would only take 20 minutes or NUNN that just an hour ago stood on What is necessary to get us on that? 15 minutes. I must say when you have the floor and said we have resolved all The PRESIDING OFFICER. The Sen- a bill like this of 1,000 pages, I can re- the differences here; there is no reason ator is correct. By a previous consent call many times we have been on the why this should take very long. And agreement, debate on the conference floor—whether it was health reform or that was propounded not by a Repub- report to the Small Business Job Pro- many other bills—when someone has lican. That was propounded by the tection Act, H.R. 3448, is the pending risen, and said with indignation, ‘‘We Democrat ranking member of the com- business. The Senator from Delaware can’t pass this because we do not know mittee. The distinguished chairman of has 60 minutes under his control, the what is in it.’’ I heard that speech from the committee, Senator THURMOND, Senator from New York has 60 minutes my colleagues on the Republican side agreed. Those of us who serve on the under his control, and the Senator probably a half-dozen times in the last committee, both Republicans and from Massachusetts, Mr. KENNEDY, has Congress. Democrats, indicated that we have 30 minutes under his control. So I do not think it is too much to looked at it. We have been meeting in Who yields time? ask, Mr. President, that we have the rooms for weeks attempting to iron out Mr. ROTH. I yield myself such time opportunity to look at it, read it, hope- the small details and the differences on as I may take, and I will be very brief. fully talk about it, have a good discus- this. It is my understanding that there are sion, and analyze it. After all, it is the There really are no outstanding no requests for time on the minority defense of the United States that we issues. We could talk about issues, but side. Is that correct? are talking about here. We should not they have already been discussed and Mr. MOYNIHAN addressed the Chair. minimize it. We certainly should not they are already familiar to everybody The PRESIDING OFFICER. The Sen- demean it. And I am not implying that here. I would also point out to the mi- ator from New York is recognized. anyone is. But this is a very critical nority leader that just today the min- Mr. MOYNIHAN. That is correct. My decision. This is something we ought to imum wage conference report came to distinguished chairman, as always, has be careful about. us, the safe drinking water conference so stated the facts. But there is a small So we just are not prepared tonight, report came to us, the health bill came semantic issue here. Some call this the now that everybody is gone and were to us yesterday, defense came on small business relief act; others on this told that there would be no more votes, Wednesday. side call it the minimum wage bill. But

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9536 CONGRESSIONAL RECORD — SENATE August 2, 1996 we will not resolve that tonight, nor of $17,500 per year to $25,000 per year, would like to mention is that extension need we. beginning in 1997 and fully phased in by of the generalized system of pref- Mr. ROTH. Could I ask the distin- the year 2003. erences trade program, otherwise guished ranking member whether or Next, we include a package of sub- known as GSP. This extension will run not his side is willing to yield all time? chapter S corporation reforms that will through May 31, 1997, and will help our Mr. MOYNIHAN. If I may speak di- permit more shareholders in S corpora- exporters better compete in the global rectly to the Senator—I ask unanimous tions, the use of S corporations for es- economy. consent to do—exactly. tate planning purposes, and increased It’s important to note that this con- Mr. ROTH. So I think both sides are flexibility for subchapter S corporation ference agreement is a bipartisan ef- willing to yield back—— business use. fort—a bipartisan effort that is fully Mr. MOYNIHAN. I cannot speak for We also include a package of pension paid for. It contains incentives that the Senator from Massachusetts, who simplification provisions. An impor- will go a long way toward creating an is not present. tant element of this package is a new environment for growth, job creation, That is the case. pension plan directed to small busi- economic security, and real oppor- Mr. ROTH. Could I ask, would it be ness, known as SIMPLE. The SIMPLE tunity for Americans. With the possible to check that with the staff? plan developed by Senator Dole will en- changes we propose in this legislation, Mr. MOYNIHAN. I have just so done able small business owners to set up small business men and women will and am informed that is the case. pensions with less record keeping and have greater incentives and resources I see the Senator from Kansas is guaranteed benefits to their employ- to move our economy forward. present, however. ees. Additionally, tax exempt organiza- As I’ve said many times, taxation Mrs. KASSEBAUM. Mr. President, I tions, as well as State and local gov- and regulation have profound influ- was going to speak, after the chairman ernments, will be able to offer section ences on the ability of nations to cre- and ranking member finish speaking, 401k pension plans. ate jobs. What we do with this legisla- on a component I believe was impor- One provision in this legislation that tion is take some of the burden off the tant to consider along with the min- I’m particularly proud of is the new backs of American small business men imum wage and the welfare reform leg- spousal IRA. This will permit home- and women. My hope is that this is islation. makers to contribute up to $2,000 per only a beginning. Mr. ROTH. Mr. President, this has year to an IRA, the same amount as Mr. President, as we complete action certainly been a busy month. I appre- their spouse. This represents an in- on the H.R. 3448, the Small Business ciate not only the perseverance of my crease of $1,750 over current law, and Job Protection Act of 1996, I would like colleagues, but also the willingness of will go a long way toward creating self- to take this opportunity to thank the the many valiant staff members who reliance and retirement security for many staff members who worked long have been working around the clock— American families. and hard on this bill. Senate Finance Committee majority both here and on the House side. Among other important changes of- staff—Lindy Paull, Frank Polk, Mark This Congress began with great fered by this legislation is a 6-month Prater, Dough Fisher, Brig Gulya, Sam promise, and I’m pleased to say that we delay in the effective date for elec- Olchyk, Tom Roesser, Rosemary are drawing near conclusion with great tronic filing of taxes for small busi- Becchi, Lori Peterson, Erik Autor, and accomplishment. With the passage of ness. In other words, small businesses this small business legislation Ameri- Jeremy Preiss. will be provided more time to become Senate Finance Committee minority cans everywhere will have tools nec- familiar with, and prepare for, the elec- staff—Mark Patterson, Jon Talisman, essary for increased opportunity, tronic filing program that was part of Patti McClanahan, Maury Passman, greater achievement, and more certain NAFTA. and Debbie Lamb. security. This is important. It’s impor- These, Mr. President, are some of the Senator LOTT’s staff—Annette tant for our future, for the well-being major provisions of the Small Business Guarisco and Susan Connell. of American families, and for the Job Protection Act of 1996. In addition Senator DASCHLE’s staff—Larry strength of our communities. to these important changes, we offer a Stein, Alexandra Deane Thornton, and And what a departure this is from the package of extensions of expiring tax Leslie Kramerich. past—from the old philosophies that provisions. House of Representatives Ways and ran this city. It was then that Wash- These include an extension of the Means majority staff—Phil Moseley, ington seemed to have only three cri- tax-free treatment of employer pro- Chris Smith, Jim Clark, Donna Steele teria when it came to American busi- vided education expenses. Other impor- Flynn, Paul Auster, Tim Hanford, John nesses: if they moved, tax them; if they tant extensions cover the research and Harrington, Norah Moseley, Mac kept moving, regulate them; if they development tax credit, the orphan McKenney, Thelma Askey, and Mere- stopped moving, subsidize them. drug tax credit, and a new work oppor- dith Broadbent. I believe this legislation dem- tunity tax credit. Along with these House of Representatives Ways and onstrates that those days are over. were extend tax deductible contribu- Means minority staff—Janice Mays, This legislation demonstrates that this tions of appreciated stock to certain John Buckley, Mildeen Worrell, Kath- Congress understands that opportunity charities, the section 29 tax credit for leen O’Connell, Beth Vance, Bruce Wil- for Americans, security for our fami- alternative fuels produced from bio- son, and Maryjane Wignot. lies, is directly tied to the strength of mass and coal facilities, and a morato- Joint Committee on Taxation staff— small business. rium on the collection of diesel tax Ken Kies, Mary Schmitt, Carolyn There are 22 million small business paid by recreational boaters at mari- Smith, Joe Mikrut, Cecily Rock, Ben owners who provide paychecks for 6 out nas. Hartley, Mel Thomas, Harold Hirsch, of 10 Americans. These risk takers pro- Another very important provision in Barry Wold, Steve Arkin, Tom vide more than half of our economy’s this legislation—one that is not so Barthold, Tom Bowne, Barbara Angus, output, and what we’re demonstrating much associated with strong businesses Brian Graff, Leon Klud, Judy Owens, with this legislation is that this Con- as it is with strong families and a Laurie Mathews, Alysa McDaniel, Joe gress is ready and willing to help cre- strong America—is the new credit for Nega, Angela Yu, and a special thanks ate an environment where there can be adoption expenses. This tax credit will to Bernie Schmitt and his excellent es- greater growth, opportunity, and jobs— provide $6,000 for special needs adop- timating staff who worked long into and environment where these small tions and $5,000 for other adoptions. the night on several occasions. businessmen and women can hire, ex- This, Mr. President, will go a long way Mr. MOYNIHAN. An increase in the pand, and modernize. to helping loving parents provide minimum wage is long overdue, and Among the many important provi- homes for children who will now be this legislation should be sent to the sions offered in this legislation, first raised in families. President before the August recess. and foremost is an increase in the Mr. President, these are only a few of The value of the minimum wage has amount of equipment eligible for ex- the many components of this impor- eroded due to inflation since it was last pensing. We raise the current law level tant legislation. One final change, I increased in 1989.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9537 It is true that an increase in the min- Puerto Rico still has significant eco- and pop operations, it will mean some imum wage will reduce demand for nomic problems, such as high unem- loss of jobs or, indeed, reduced hours. labor somewhat, although not signifi- ployment rates and low median in- But we will have to see. cantly in my view. But if you are look- comes. The island’s unemployment I supported the conference report ing for a painless time to increase the rate is almost 14 percent. While this overall because I believe the detri- minimum wage, it is now. The current rate is the lowest in 20 years, we are mental effects of the minimum wage economic expansion is in its 66th still talking about an economy in increase will be offset by many of the month. Unemployment is down to 5.4 which unemployment has routinely ap- small business tax relief provisions. percent. The Washington Post recently proached, and exceeded, 20 percent in However, as this minimum wage in- reported that labor shortages have de- the last two decades. It is also an econ- veloped around the country, so much omy in which the median income of the crease moves closer to becoming law, so that some fast-food franchises are American citizens who live there is along with health care and welfare re- paying substantial signing bonuses to about $6,200, or half that of Mississippi, form, I believe it is important to point new employees. our poorest State. out that there is still a gaping hole in In response to concerns of some on Section 936 of the Tax Code has been our efforts to assist workers and im- the other side that the minimum wage in existence for 60 years, and nearly all prove their economic security. Con- increase will cause hardship to small have come to recognize that it is time gress has yet to act on the legislation businesses, the Finance Committee to move to the next stage. However, we to reform our job training system, took up the small business tax package have a profound responsibility to that which is, I would suggest, in drastic last month. We worked on a bipartisan possession, which we obtained just need of repair. basis to craft a small business relief short of 100 years ago in the aftermath I listened with great interest to the bill all Senators could support. It was of the Spanish-American War. debate that took place yesterday on Under the Senate provision, adopted approved unanimously by the Finance welfare reform where Senator after at the urging of this Senator, a perma- Committee on June 12, 1996. The bill Senator pointed out the importance of nent, although reduced, wage-based passed the Senate with broad bipar- training to bring welfare recipients credit for jobs located in Puerto Rico tisan support by a vote of 74 to 24 on into the work force. As we debated the July 9, 1996. would have remained for existing em- minimum wage bill through its passage Unfortunately, many of the provi- ployers. This would have preserved a and briefly the conference report, we sions that lent bipartisan support to limited measure of Federal support for heard the argument that this increase the small business tax title of the bill Puerto Rico after the remainder of the in the Senate were dropped in con- section 936 incentives are gone after 10 is needed to raise the living standards ference. I will briefly mention two years. It was the least that should be of those who are at the bottom of the matters of particular importance: the done, given that the people of Puerto economic ladder. Yet we all know that tax exemption for employer-provided Rico—citizens of the United States— the only way to improve the long-term educational assistance, and the phase- are being asked to pay for half or more prospects of those at the bottom of the out of the long-standing tax incentives of these tax cuts for small business, pay scale is to equip them with the for Puerto Rico codified in section 936 none of which will benefit Puerto Rico. skills and education that will allow of the Internal Revenue Code. Understanding the responsibility we them to compete and move upward in The conference agreement have to this island and its people, I today’s changing workplace. It is ever inexplicably limits prospective exten- hope that at a later time, as early in more competitive, ever more demand- sion of the exclusion for employer-pro- the next Congress as possible, we will ing of new skills and, unfortunately, vided educational assistance to under- return to this issue and adequately ad- the training infrastructure that we graduate education. Only under- dress our obligations to Puerto Rico. have now in place is woefully inad- graduate education is covered prospec- We must work together to provide ef- equate. In fact, it is nothing less, I tively here, whereas both under- fective economic incentives for new in- would suggest, than a national dis- graduate and graduate education were vestment in Puerto Rico to provide grace. extended through 1997 in the Senate new jobs and job security for Puerto I will not take up the time of the bill. Rican workers. The people of Puerto Senate at this point to discuss the This provision is one of the most suc- Rico—who are not represented in Con- cessful education programs the Federal scores of reports documenting with gress—have the right to be respected overwhelming evidence why the cur- Government sponsors. It encourages and to have their interests advanced. employees to upgrade their skills and rent system is broken and must be Thus, while I am disappointed by the fixed. I would just like to mention one thereby maintain and improve their resolution of the conference on the of the latest GAO reports outlining the productivity throughout their careers. small business tax package, I will vote failure of current Federal programs. Roughly a million persons a year are for the conference report because of the assisted by their employers with higher importance of the increase in the min- The General Accounting Office com- education expenses on a tax-free basis, imum wage. I will continue to pursue pared control groups with participants a quarter of them at the graduate the issues that were not resolved to my in JTPA titles II-A and II-C, both pro- level. Both employers and employees satisfaction in the conference report. grams for the economically disadvan- benefit. Many of our most successful Mr. ROTH. I will yield such time as taged, the very people we are trying to companies know the benefits of sending the distinguished Senator from Kansas help with the minimum wage. Amaz- valuable employees to school to learn a desires. ingly, the report found that there were new field, or a field that has developed The PRESIDING OFFICER. The Sen- no statistically significant differences since that person had his or her edu- ator from Kansas is recognized. over time between the earnings of both cation. Employers understand the op- Mrs. KASSEBAUM. Mr. President, I groups. This was one in which they portunities for bringing a promising certainly thank the chairman of the were assisting the economically dis- young person, or middle management Finance Committee, Senator ROTH. I advantaged and others where there had person, to higher levels of productivity, appreciate his help and leadership on been no program offered. and pay them more in the process. This health insurance reform, and certainly is an elegant piece of unobtrusive so- as he worked with small business tax In other words, the Federal training cial policy. relief as a part of the minimum wage these disadvantaged participants re- Second, addressing the special tax package. ceived did nothing to improve their in- rules for Puerto Rico is a difficult sub- I supported the conference report, come. It had no effect. This is nothing ject, but the Senate approach was ac- Mr. President, on small business tax short of a fraud on the American tax- ceptable to the elected officials in relief which includes, of course, an in- payer and, more importantly, a cruel Puerto Rico, and should have been crease in the minimum wage. However, hoax on the disadvantaged who think adopted by the conference. The con- I have strong reservations about rais- they are getting help but end up no ference agreement fails to provide a ing the minimum wage because I have better off. I remain astounded that we continuing economic incentive for in- believed that in many instances with should want to continue funding these vestment in Puerto Rico after 10 years. small businesses, particularly the mom ineffective programs.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9538 CONGRESSIONAL RECORD — SENATE August 2, 1996 I am particularly disappointed with livering to those who need help the statistics of the average age of farmers. the Secretary of Labor, who supports most. I personally cannot believe there In Iowa, our farmers average in their this increase in the minimum wage but is anything more important we could late fifties. In 5 to 6 years, we will have is also responsible for these job train- do to really enhance those who, we 25 percent of our farmers retiring. ing programs which he knows are in a have argued for months, most need as- The U.S. Department of Agriculture state of disarray. He has done little to sistance, than by being willing to ad- has announced that my State of Iowa advance legislation to reform job train- dress this issue. has 2,000 less farms today than it did ing even though bills passed both I want to put my colleagues on no- only a year ago. Four other States also Houses with wide bipartisan margins. tice that I will do everything I can to lost 2,000 farms each. The largest de- For 31⁄2 years now, the Secretary has ensure the job training conference re- creases were in the States of Ohio, Ala- stressed the critical importance of port comes to a vote this year and goes bama, Georgia, and Indiana. Clearly, training for the closing of the wage gap to the President. farming States are still feeling the ef- for those at the bottom. We have The Senator from Nebraska, Senator fects of the agricultural recession of talked often about this. He has been KERREY, and I have asked Senator the 1980’s. supportive of early efforts. Yet he has LOTT and Senator DASCHLE to bring Young people are discouraged about done nothing to really try to improve this conference report up the week that becoming farmers because they cannot our Federal job training system. we return from recess. I tend to believe afford to get started. Many want to Even before the ink was dry, the Sec- most of us are now asking the majority continue the family farm when their retary recommended that the Presi- leader to consider legislation the week parents retire and cannot. dent veto the job training conference we return. But I am hopeful our re- This Aggie Bond legislation helps by report. Secretary Reich’s main concern quest will be met. I will continue to lifting the present restriction that dis- with the job training reform bill seems push this conference report because I allows the bonds from being used to fi- nance family to family transactions. In to be lack of accountability. But, ac- believe it is too important—and the other words, under present law, a cording to the National Journal arti- status quo is unacceptable—not only to young person cannot get a good loan to cle: the American taxpayer but, more im- portant, to those who desperately need continue the family farm. This legisla- When pressed, (Secretary) Reich acknowl- tion fixes that problem. I am very edged that his real problem with account- and want training education as well. ability concerns the legislation’s failure to I yield the floor. proud to be an agent of this important require participation of mayors in local Mr. GRASSLEY addressed the Chair. change. boards and federal approval of state work- The PRESIDING OFFICER. The Sen- CONTRIBUTIONS IN AID OF CONSTRUCTION force development plans. ator from Iowa is recognized. Mr. President, this Conference Re- In other words, his concerns are Mr. GRASSLEY. Mr. President, I am port also includes another unrelated largely political. He wants to preserve happy that the Senate is finally taking important change for families trying to the Federal Government’s control, the up the conference report on the Small buy a home. status quo, and business as usual. This Business Job Protection Act. The The provision is called Contributions is not going to solve the problem. House has already overwhelmingly in Aid of Construction. It repeals an in- We have such an opportunity to real- passed this measure in a vote of 354 to direct tax that has been imposed on ly try to be more innovative and try to 72. Finally, we are making laws instead families building homes since the 1986 bring to the fore something that will of rhetoric about tax relief. Tax Act. reinforce what we are seeking to do Finally, American families and en- It will save families up to $2,000 off with welfare reform and the minimum trepreneurs can get a break from the the price of a new home. Current law wage legislation. When it comes to job tax man. requires that water utilities pass a training, I suggest the status quo is un- As a member of the Finance Com- ‘‘gross up’’ tax onto a family that acceptable. We must move forward this mittee, I am proud of my part in mov- wants to buy a home. The ‘‘gross up’’ year with comprehensive job training ing this legislation through the Fi- tax can increase the cost of extending reform. After months and months of nance Committee and through the water services to a new home by 70 per- cent. This conference report repeals negotiations, and compromises made bill’s conference committee. this unfair ‘‘gross up’’ tax. It will fos- on all sides, we now have a conference This bill is good, sound bi-partisan ter home ownership where it is cur- agreement that will bring real reform work. In my belief, great credit also rently out of reach. goes to Finance Chairman ROTH for his to a broken system, consolidating du- Repealing the ‘‘gross up’’ tax is an leadership of the committee. To ensure plicative programs over some 80 pro- outstanding addition to this Small that his efforts will not go unnoticed, I grams. They will be combined and Business Job Protection Act. I am want to remind all Senators that much duplication removed, giving the pleased to have introduced the original Chairman ROTH completed work on States the flexibility needed to design bill. the programs that fit their States, three separate conference reports this PENSION SIMPLIFICATION week. This is no small accomplish- whether it be Kansas, Iowa, New Hamp- Mr. President, I want to point out ment, and I extend my gratitude to my shire, New York or California, and that the pension simplification provi- friend from Delaware. focus the resources there where there sions in this bill represent a major step For my State of Iowa, this con- is the greatest need—whether it would forward. Not much has been said about ference report on the small business be in vocational education or a job these provisions in the commentary tax bill makes some vital improve- services initiative. about what we are accomplishing here ments. Particularly, I want to point The job training conference report this week. will encourage real partnership be- out the provisions enabling new loans But I think you can argue that these tween educators, job trainers and the for first time farmers. I hope that this pension simplification provisions could business community. And it will focus legislation will save the future of agri- represent one of the major accomplish- accountability on real results. If we are culture. ments of this week of many substantial truly concerned about raising living LOANS FOR FIRST TIME FARMERS legislative accomplishments. standards, raising the minimum wage I introduced this Aggie Bond legisla- Their enactment should ultimately is only half the answer. Proponents of tion with Senators PRESSLER, BAUCUS, result in more pension plans being cre- the minimum wage have argued that and MOSELEY-BRAUN. It improves the ated, particularly by smaller busi- you cannot support a family on $4.25 an program that allows tax-exempt bonds nesses. Since it is that segment of the hour, and that is certainly correct. You to finance discount rate loans for be- business community that has the cannot support a family on $5.15 an ginning farmers. greatest difficulty in offering pensions hour either. Education and training are Loans for beginning farmers are im- to their employees, enactment of these also needed to improve one’s living portant because of the changing scene provisions could result in a major in- standards, and right now we are wast- in agriculture and the inability of crease in pension coverage. ing billions of dollars on dozens of inef- young farmers to get started in farm- Ultimately, that means more savings fective programs that are just not de- ing. Of particular importance are the and more income for retirees.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9539 We included in the bill a number of jobs. Welfare reform will not work centives for investment in technology, provisions which will help clarify the until jobs that pay a decent, living for hiring hard-to-place workers, for treatment of church pension plans. wage are available. This raise increases producing clean fuels from low-rank We included last year in the Finance the chances of the poorest Americans coals and lignite, and for developing Committee’s portions of the Balanced staying off welfare. It goes hand-in- orphan drugs. Budget Act a Pryor-Grassley bill de- hand with our efforts to reform the The rapid development and commer- signed to deal with many of the prob- welfare system. cialization of new technologies is par- lems the church plans were having I appreciate the recognition the con- ticularly important to the incomes of with the rules pertaining to highly ference committee gave to orphaned working people. High-technology pro- compensated employees and to non- children who are older, handicapped, or vides better jobs at better pay for mil- discrimination. have other special needs. Families lions of Americans and helps keep this Ultimately, those provisions were which adopt these children will be al- Nation competitive in the inter- dropped from the legislation on the lowed a $6,000 tax credit for adoption national marketplace. Additionally, grounds that they did not meet the re- expenses. Families adopting nonspecial the incentives to develop new tech- quirements of the Byrd Rule. needs children will be allowed a $5,000 nologies to turn our abundant coal re- The legislation that we are consid- credit. sources into environmentally friendly ering today will go a long way toward We have an obligation to not only fuels is critical if we are ever to make taking care of the most serious of the protect abused, neglected, and aban- progress toward energy independence. problems faced by the church plans. doned children, but we have a responsi- With regard to technology develop- Mr. President, these simplification bility to help these vulnerable children ment, I am particularly disappointed provisions have been on our Congres- find nurturing and stable families to that we did not continue the R&E tax sional agenda for several years. I un- adopt them. credit uninterrupted. Our high-tech- derstand that President Clinton has in- The adoption tax credit is a good nology companies deserve a consistent dicated support for pension simplifica- first step to help place children waiting and supportive tax policy from their tion provisions. It is high time they to be adopted. Many stable and nur- government. It is my hope we can re- were enacted. turing families may not have the re- visit this issue next year. Finally, I just want to stress again sources to pay adoption expenses and The revenue offsets have been greatly the importance that today we are mak- other expenses such as building ramps improved from the initial House pack- ing laws instead of rhetoric about tax and modifying a home to make it ac- age, although I continue to have seri- relief. Families and small businesses cessible for an adoptive child with spe- ous reservations about some of them. not only need it, they deserve it. I en- cial needs. This will help. Dropping the tax on court awarded damages for pain and suffering is a courage all of my colleagues to support I am also very pleased with the provi- major improvement. Court-awarded this conference report. sions benefiting small and startup busi- Mr. CONRAD. Mr. President, I nesses. First, the increase in expensing damages for pain and suffering are meant to make the plaintiff whole and strongly support the legislation before of investment for small businesses by should not be considered income. us today. I am pleased that Members nearly 45 percent—from $17,500 to Concerning employee stock owner- $25,000—will help thousands of small from both sides of the aisle rolled up ship plans, I believe that it may be a businesses in my State and around the their sleeves and got the job done in a mistake to take away a portion of the bipartisan way. In particular, the rank- Nation. I am pleased that this bill per- tax benefits used by ESOP’s. Employee ing member, PATRICK MOYNIHAN, has manently extends that benefit to horse stock ownership plans are a way for done a fine job. ranchers as well. working families to buy a piece of Second, the modifications of the law The positives of this legislation are America and to provide for their retire- relating to subchapter S corporations many: ment needs. It benefits working families by rais- will stimulate investment and growth I am also concerned that we are ex- ing the minimum wage which now hov- of thousands of small businesses. The tending the airport and airway trust ers near a 40-year low. legislation expands the number of own- fund excise tax without a serious re- It benefits orphaned and abandoned ers allowed from 35 to 75 and provides view of all the issues. While the exten- children seeking adoption by providing other benefits to S corporations. sion is only for 6 months—until Decem- a tax credit to families for adoption ex- Third, the pension simplification pro- ber 1996—it keeps in place a system de- penses. visions will help millions of Americans signed prior to airline deregulation. This bill provides many tax benefits working for small businesses provide That leftover tax clearly discriminates to small businesses encouraging invest- for their retirement. Anyone who has against smaller communities which ment and growth. ever waded through the morass that we tend to have high airline ticket prices. And, finally, it simplifies dozens of call pension law will understand how In addition, it makes little sense that pension provisions for small businesses important these simplifications are to one passenger will pay two to three and working families, thereby, increas- small business owners. Owners of small times more taxes on the same flight as ing pension savings. businesses are too busy running their his or her seat-mate. The burden each Tens of millions of American workers businesses and providing jobs to have passenger places on the FAA is the will benefit from the increase in the to deal with the virtually incompre- same. While some argue that the excise minimum wage and from the tax incen- hensible language of the Tax Code and tax discourages wasteful airline spend- tives for small businesses, and we have of the Internal Revenue Service’s rules ing since costs plus the tax must be helped them by working out our dif- and regulations. This pension sim- passed on, this current tax also raises ferences and allowing this measure to plification is a significant step for- by ten percent the cost of every safety move forward. ward. We need to make more. measure the airline undertakes. The current minimum wage is near a One of the most important pension Finally, I again want to compliment 40-year low in purchasing power, and reforms will allow a family to provide those who worked in a bipartisan fash- amounts to an annual income of only for the retirement of a spouse who ion to achieve a result. Frankly, there $8,800. Clearly, a family is not going to chooses to stay home. Spousal indi- are probably few Members on either make it on $8,800 a year. Workers de- vidual retirement accounts of up to side of the aisle that support every pro- serve a living wage for their labor, and $2,000 per year for qualifying families vision in this bill, but together, this this raise in the minimum wage is well for the spouse that chooses to stay at package advances the Nation’s inter- earned by those workers. In 1995, 42,000 home to take care of children ends the ests. If enacted into law, it will have a workers in my State of North Dakota discrimination against families in positive effect on working families, received under $5.15 per hour for their which one parent works at home. The small businesses, and adoptive families work. This bill is an important and work of raising children is the most and their children. I recommend that it timely raise for them. important job in our society. pass. The minimum wage increase will also Fourth, the extension of certain ex- Ms. MOSELEY-BRAUN. Mr. Presi- help families move off welfare and into piring tax provisions will provide in- dent, I want to take this opportunity,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9540 CONGRESSIONAL RECORD — SENATE August 2, 1996 as we are about to vote on an extension Americans who were being asked to ican small businesses import raw mate- of the Generalized System of Pref- live on $8,500 a year are receiving a rials or other products. The expiration erences, to raise a subject that is of much-needed helping hand from the of the GSP has forced these companies great concern to all soybean growing U.S. Congress. to pay a duty, or a tax, on some of States, including my State of Illinois, Due to this legislation, minimum these products. That’s what a duty is: which is second only to Iowa in the wage workers will see an additional an additional tax. production of soybeans. A number of $1,800 in their paychecks by the end of By extending the GSP retroactively, countries, including Brazil and Argen- the year. these companies will not be required to tina, employ a tax system that works Raising the minimum wage will pay this tax. This tax is significant and to distort trade. It is designed to create allow millions of America’s working can cost U.S. businesses hundreds of an unfair competitive advantage for families to pay for 7 months of gro- millions of dollars. In fact in 1995, the processed agricultural exports of ceries, 1 year of health care costs, or American businesses saved $650 million these countries at the expense of our more than a year’s tuition at a 2-year due to the GSP. I wonder how many exporters. college. good, high-paying jobs will be created Let me briefly describe how this And today, the nearly one in five by cutting taxes by $650 million? So, practice, known as a differential export minimum wage workers who currently Mr. President, it is very important tax scheme, or DET, works. Using soy- live in poverty will now have a genuine that the GSP be extended and it is very beans as an example, under a DET sys- opportunity to make a better life for appropriate that the Senate consider it tem, a much higher export tax is im- their children. as part of this bill. posed on raw soybeans than on proc- My only regret is that it took so long It is essential to remember, however, essed soybean products, such as soy- to reach this moment. Over the past 61⁄2 that since its inception in the Trade bean meal and oil. This serves to re- months, my colleagues across the aisle Act of 1974, the GSP program has pro- strain exports of raw soybeans, giving used every possible tool to block this vided for the exemption of ‘‘articles a foreign country’s domestic oilseed legislation. which the President determines to be processors a captive market, in effect, They claimed that raising the min- import-sensitive.’’ This is a very im- for raw soybeans at a price that is de- imum wage would cost jobs—even portant directive and critical to our pressed below world market prices. Be- though study after study shows this to most import-impacted producing in- cause these processors have artificially be a fallacious argument. dustries. A clear example of an import lower raw material costs, their costs of They raised erroneous economic ar- sensitive article which should not be production are substantially less than guments—even though 101 economists subject to GSP and, thus, not subject those of U.S. oilseed processors. As a endorsed an increase in the minimum to the annual petitions of foreign pro- result of this government interference, wage. ducers that can be filed under this pro- those foreign oilseed processors are re- They proposed amendments that gram, is ceramic tile. ceiving an indirect subsidy that clearly would have excluded 10 million min- It is well documented that the U.S. violates the spirit of free and fair imum wage recipients from the bill’s ceramic tile market repeatedly has trade, and, if provided as a direct ex- benefits. been recognized as extremely import- port subsidy, would be subject to World But, in the end, the obstructionist ef- sensitive. During the past 30 years, this Trade Organization rules. forts of my Republican colleagues were U.S. industry had to defend itself U.S. processors are placed at a ter- overwhelmed by the voices of the against a variety of unfair and illegal rible competitive disadvantage as a re- American people, calling for a min- import practices carried out by some of sult of this practice: They not only imum wage increase. our closest trading partners. Imports must continue to pay the world price For the more than two-thirds of min- already dominate the U.S. ceramic tile for raw soybeans, they are forced to imum wage workers above the age of market and have done so for the last sell their processed soybean products 21; for the 4 in 10 who are the sole wage decade. They currently provide ap- at world prices that are suppressed to earner for their families; and for all the proximately 60 percent of the largest the level of the DET-supported export Americans trying to make ends meet and most important glazed tile sector prices. This DET-induced downward and put food on the table, this vote according to 1995 year-end Government pressure on world price levels for these represents a genuine victory and a first figures. products has severely reduced revenues step to a better future. Moreover, one of the guiding prin- for the U.S. soybean processing indus- Throughout America, millions of ciples of the GSP program has been re- try. In addition, countries that rely on working families are struggling to get ciprocal market access. Currently, GSP this trade-distorting practice have dra- by and the votes today on the min- eligible beneficiary countries supply matically displaced U.S.-processed soy- imum wage and Kassebaum-Kennedy almost one-fourth of the U.S. ceramic bean sales in world markets. health insurance bill make that proc- tile imports, and they are rapidly in- I understand that efforts may be un- ess just a little bit easier. creasing their sales and market shares. derway in some of these countries to It is something we can all take great U.S. ceramic tile manufacturers, how- end these tax schemes. I believe, how- pride in and I urge all my colleagues to ever, are still denied access to many of ever, unless we see some demonstrable join me in voting on behalf of this bill. progress by these countries in the com- these foreign markets. Mr. GRASSLEY. Mr. President, as Also, previous abuses of the GSP eli- ing months, the Senate Finance Com- Chairman of the International Trade gible status with regard to some ce- mittee should undertake a close review Subcommittee of the Senate Finance ramic tile product lines have been well of this issue as part of its trade agenda Committee, I want to point out a pro- documented. In 1979, the USTR rejected in the next Congress. Mr. DODD. Mr. President, more than vision in the Small Business Job Pro- various petitions for duty-free treat- 6 months ago, President Clinton came tection Act relating to trade that I ment of ceramic tile from certain GSP before the Congress and called for a strongly support. That is the extension beneficiary countries. With the acqui- modest increase in America’s min- of the Generalized System of Pref- escence of the U.S. industry, however, imum wage—from $4.25 to $5.15 an erences [GSP]. This extension is long the USTR at that time created a duty- hour. overdue. free exception for the then minuscule And for the past nearly 6 months, 12 The GSP is important for many rea- category of irregular edged specialty million Americans woke up every sons. From a foreign relations stand- mosaic tile. Immediately thereafter, I morning, went to work each day and point, it allows the United States to am told that foreign manufacturers continued to earn a meager $34 a day— assist the economy of developing coun- from major GSP beneficiary countries waiting for this Congress to uphold its tries without the use of direct foreign either shifted their production to spe- responsibility to working Americans aid. But it also is of great benefit to cialty mosaic tile or simply identified and raise the minimum wage. American businesses. That is why it is their existing products as specialty Today, their wait is finally over. most appropriate that the extension of mosaic tile on custom invoices and Today, working Americans are fi- the GSP be included in the Small Busi- stopped paying duties on these prod- nally getting a break. ness Job Protection Act. Many Amer- ucts. These actions flooded the U.S.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9541 market with duty-free ceramic tiles crushers and significantly distorts free omy that works for families—that val- that apparently had been superficially trade. I assume this practice would be ues the dignity of work for those at the restyled or mislabeled. subject to World Trade Organization bottom as well as the top. In light of these factors, the U.S. in- rules if the subsidy were provided as a Mr. President, raising the minimum dustry has been recognized by succes- direct export subsidy. wage is, in fact, the most basic welfare sive Congresses and administrations as The consequence of this type of prac- reform measure we could enact. It import-sensitive dating back to the tice is a drastic loss in the U.S. share helps make work pay for those who Dillon and Kennedy Rounds of the Gen- of world export markets for processed will be returning to the workforce. It eral Agreement on Tariffs and Trade soybean products, and artificial down- will allow working mothers who come (GATT). Yet during this same period, ward pressure on world price levels for off welfare to have a fighting chance to the American ceramic tile industry has these same products. This is not ac- put food on the table for their children been forced to defend itself from over a ceptable. As you know Mr. President, and still find enough to pay the rent. dozen petitions filed by various des- Iowa is, in any given year, either the In the last few months we have heard ignated GSP-eligible countries seeking first or second leading soybean pro- a lot of talk from many of my Repub- duty-free treatment for their ceramic ducing state in the nation. This is a lican colleagues that welfare recipients tile sent into this market. distinction we share with our neigh- need to learn the dignity of work, and The domestic ceramic tile industry bors in Illinois. So this unfair trade we would agree with them and we have has been fortunate, to date, because practice is of great concern to Iowa passed a welfare reform package incor- both the USTR and the International farmers and processors, and those in porating that concept. But I also be- Trade Commission have recognized the other states as well. lieve that the dignity of a liveable min- import-sensitivity of the U.S. market I understand that progress is being imum wage is that, as a society, we be- and have denied these repeated peti- made on resolving this issue, but more lieve that if you are willing to work tions. If, however, just one petitioning work must be done. In the case of hard, you deserve the dignity of earn- nation ever succeeds in gaining GSP Brazil, it is my understanding that the ing enough to at least pull yourself out benefits for ceramic tile, then all GSP Brazilian federal government strongly of poverty and put food on the table beneficiary countries will be entitled supports reform of this DET system, and a roof over your children’s heads. to similar treatment. This could elimi- and in fact is considering the complete Mr. President, this is the beginning nate many American tile jobs and dev- elimination of all taxes levied upon ex- of a new era of worker fairness, of giv- astate the domestic industry. There- ports of agricultural products, both ing a raise to those who need it most, fore, it is my strong belief that a prov- raw and processed. In the coming and taking one more step toward re- en import sensitive and already im- weeks and months, I will be closely lieving the insecurities of the Amer- port-dominated product, such as ce- watching how Brazil, Argentina, and ican worker. There is no greater gift to ramic tile, should not continually be other countries reform these practices. a young mother who is trying to make subjected to defending against repeated However, I am serving notice today ends meet, trying to pay the rent, buy duty-free petitions, but should be ex- that if these practices are allowed to food, pay child care, pay for health empted from the GSP program. continue, I will consider pursuing ap- care, and save for the future than to Mr. President, I would like to address propriate legislative or administrative one final trade issue. It is not a part of say to her that we know how difficult measures to counter them. the struggle is and we, as a nation, as this bill but it does relate to GSP, be- Mr. President, I yield the floor. a Congress, as a people are willing to cause the problem I will discuss is a re- f sult of an inequitable tax policy put in do what we can to help. place by some countries that are major A VICTORY FOR WORKING Today, Mr. President, with this vote beneficiaries of the GSP program. This AMERICANS to increase the minimum wage and tax policy, known as a differential ex- Mr. KERRY. Mr. President, today— give workers a raise, we have sent a port tax scheme or DET, is used to con- finally—we are raising the minimum message to America that we have re- fer an unfair competitive advantage for wage and putting families first. We jected the extreme, hard line policies these countries’ exports of agricultural have won a major victory for every of the ideological warriors who believe products, particularly soybean meal American who values work and be- that the bottom line is the only line, and oil, to the detriment of U.S. pro- lieves in fairness. It is a victory for and that if those at the top earn more ducers, processors, and exporters. common sense over ideology, for bipar- then those at the bottom will be better Mr. President, I’ll briefly describe tisanship over saber rattling. off. We have sent a message, instead, how this differential export tax scheme It is a victory for 290,000 hard-work- that we are, indeed, a common sense, operates. Under a DET system, exports ing families in Massachusetts who are pro-family community that believes in of a raw commodity, in this case soy- playing by the rules and struggling to fairness and in a fair wage for a day’s beans, are taxed at a higher rate than make ends meet—who have fallen be- work. And we have sent a message that exports of the processed derivatives of hind in the last 20 years and now have we believe that if you increase the in- that commodity, soybean meal and oil. a chance to do better, to keep up, and trinsic value of work you decrease the Since this increased tax discourages give their children a chance at a decent emotional cost of welfare, and the emo- the export of soybeans, the oilseed life. It is a victory for the millions of tional toll that hopelessness and fear crushers in those countries are able to Americans who were trying to make a take on hard working mothers and purchase soybeans from their domestic living and raise a family on $4.25 an families. growers at prices well below the world hour and now will get $1800 more a Mr. President, we have done the right market prices paid by U.S. oilseed year—enough to buy groceries for 7 thing. Some have fought it. Some have crushers. Because they pay a lower months. argued vehemently against it. Some cost for their raw materials, these for- Raising the minimum wage is a work have found arguments to try to stop it. eign crushers are then able to undercut force enhancement program and a fam- But in the end, we have struck an im- U.S. processors in the world market for ily protection program for an invest- portant blow for fairness, for work, for processed soybean products. ment of 90 cents an hour—a move families; and in so doing we have For example, the State of Rio Grande which will strengthen the fabric of the brought two words back into the lexi- do Sul in Brazil recently changed its American community and narrow the con of the 104th Congress and they are tax structure so that a tax of 13 per- widening gap in the workforce. ‘‘compassion’’ and ‘‘community’’. In- cent is levied on all exports of raw soy- For the first time in years, we are creasing the minimum wage means beans, while the export tax on soybean giving workers a raise. This is a down that we understand that we are all in meal and oil is only 5 percent. At cur- payment on our commitment to make this together and that we care. That, rent market values, this gives the Bra- sure that everyone in this economy can Mr. President, is a victory for the prin- zilian crushers an additional crushing participate—that everyone can earn ciples for which I have fought during margin of about $22 per ton. This is es- more, learn more, provide more for my tenure here, and for which I will sentially an indirect subsidy for these their families, and be part of an econ- continue to fight in the future.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9542 CONGRESSIONAL RECORD — SENATE August 2, 1996 Mr. LAUTENBERG. Mr. President, I provide for themselves, and their fami- portant and add some common sense to rise to speak in support of the increase lies. the current health insurance market. in the minimum wage. The best way to encourage and honor The bill limits the ability of insurers Mr. President, 5 years is a long time the work ethic so important to our eco- to impose exclusions for preexisting to go without a raise. Senators and nomic future is to ensure that even conditions. Under the legislation, no Representatives do not go that long. those at the bottom earn a living wage. such exclusion can last for more than Nor do corporate executives, or even So, Mr. President, I urge my col- 12 months. Once someone has been cov- most average working people. leagues to support working Americans ered for 12 months, no new exclusions And neither should those who earn and to support this bill. It’s the right can be imposed as long as there is no the minimum wage. thing to do. And it’s long overdue. gap in coverage—even if someone Mr. President, the increase in the Mr. HARKIN. Mr. President, I sup- changes jobs, loses their job, or minimum wage that we will pass today ported the health insurance conference changes insurance companies. will be the first raise in 5 years for agreement. I want to speak a few min- The preexisting condition provisions close to 12 million American workers. utes about some of the very good and will help real people who have already It’s about time. some very problematic provisions in experienced an illness and want to Mr. President, there’s a lot of my- this agreement. I want to congratulate switch insurers or change jobs thology about just who these minimum Senator KENNEDY and Senator KASSE- For example, a father from Iowa City wage workers are. BAUM and others for their hard work called my office about his daughter Contrary to those prevailing myths, and perseverance. who has a chronic health condition and Mr. President, most minimum wage A number of the provisions of this will graduate from college this spring. workers are not rich suburban teen- bill follow the framework of a proposal He was worried that when she grad- agers who take a job for extra spending I put forth in the last Congress. In 1994, uates and is no longer covered under money. I offered what I called a downpayment his health insurance policy she will not The fact is—two-thirds of minimum plan that would have made health in- be able to find insurance coverage for wage workers are adults; 58 percent are surance affordable for every child in her chronic health condition. women; 40 percent are the sole bread- America, provided for increased port- Because the Health Insurance Reform winners for their families; and of the 25 ability and other insurance reforms, Act would require insurers to credit percent that are teenagers, over half full tax deductibility of health insur- prior insurance coverage, his daughter come from families with below-average ance costs for the self-employed and a can move to another health insurance income. clampdown on health care fraud, waste, plan without being denied coverage for Mr. President, fundamental fairness and abuse. I am pleased that provisions her preexisting condition. The portability provision in the bill dictates that a person who gets up similar to several of these items are in- will help with so-called job lock. Work- every day, goes to work, 40 hours a cluded in this conference report. ers who want to change jobs for higher week, 52 weeks a year, should earn a I am very pleased that this legisla- wages or advance their careers often living wage. tion prohibits group and individual have to pass up opportunities because And yet, a minimum wage worker health plans from establishing eligi- it might mean losing health coverage. who works 40-hours per week, every bility, continuation, or enrollment re- These provisions will provide greater single week of the year, doesn’t even quirements based on genetic informa- security for Americans currently cov- earn enough to reach the poverty line. tion. I offered an amendment on this ered under group health plans. That’s wrong. And we have an obliga- issue during committee consideration I’ve heard form Iowans who have had tion to do something about it. of S. 1028 and am pleased that it is in- to pass up new job offers or forgo start- Mr. President, the minimum wage in- cluded in the conference bill. ing their own small business because crease in this bill will lift 300,000 Amer- I believe this is a very important pro- they or someone in their family has a ican families out of poverty. And that vision that will become even more im- preexisting condition. Workers with a includes 100,000 children. portant as the availability and use of sick child are forced to pass up career Mr. President, an increase in the genetic tests grows in the coming opportunities because their new insur- minimum wage to $5.15 per hour means years. Genetic information should be ance may not cover a preexisting con- an increase in income of $1,800 per year used to help people stay healthy and dition for 6 months or more. for about 10 million workers. should not be used to put a person at a These families have played by the That’s enough to pay for 7 months of disadvantage when it comes to health rules and have been continuously in- groceries, or 4 months of rent, or even insurance. sured—they deserve to know that if 1 year of tuition at a 2-year college. While this legislation still leaves se- they pay their insurance premiums for It’s tremendously important for mil- rious flaws in our health care system, years, they cannot be denied coverage lions of American families. it represents an important step toward or be subjected to a new exclusion for In my home State of New Jersey, the reforming health care and injecting a preexisting condition because they minimum wage is currently $5.05 an some fairness and common sense into change jobs. hour, above the national minimum, the system. But, I do want to express my concern and only 10 cents below this new min- The portability provision in the bill about some of the comments that are imum of $5.15. would provide some much-needed relief being made on both sides of the aisle In my State, this wage increase will for many Americans. Provisions to about this bill. amount to $4 per week for a minimum gradually raise the percentage of In today’s edition of the Washington wage worker. You might think that a health insurance costs that farmers Post, House Speaker NEWT GINGRICH is 10-cent-an-hour raise wouldn’t be a big and other self-employed can deduct quoted as saying ‘‘it means guaranteed deal. Well, you would be wrong. from their taxes from 30 to 80 percent health insurance for everyone who’s in In communities and families all over over the next 10 years, would provide the system.’’ New Jersey, and around this country, greater relief, if not equity, with larger Mr. President, this bill is an impor- even such a small increase in income businesses. tant step forward, but it in no way could mean the difference between car- Mr. President, the portability provi- means guaranteed health insurance for ing for children, and having them go sions in the bill are particularly impor- people now in the system. We should hungry. tant. Americans should not have to not overpromise or oversell this bill. Four dollars buys 2 more gallons of worry about facing preexisting condi- American workers still face the possi- milk, or 2 more loaves of bread, or 8 tion exclusions if they get sick, change bility that their employer will reduce more boxes of spaghetti. jobs, or lose their job. their health insurance or drop coverage To millions of American families, This health insurance bill will pro- altogether. even just a few dollars more per week vide many American families with Workers still face the possibility that is a lot of money. added security and choices. coverage for their children will be Mr. President, people who work hard The provisions in the legislation re- dropped. In fact, the number of chil- and play by the rules should be able to lated to preexisting conditions are im- dren covered by employment-based

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9543 health insurance has been decreasing 2389, and we support them. For example, we erable not to make any changes to the CMP and over 9 million children have no support: statutes at this time. health insurance. ‘‘a voluntary disclosure program, which al- MAKING THE ANTI-KICKBACK STATUTE MORE LE- If you lose your job you still face the lows corporations to blow the whistle on NIENT BY REQUIRING THE GOVERNMENT TO themselves if upper management finds high costs of health insurance—cer- PROVE THAT ‘‘THE SIGNIFICANT’’ INTENT OF wrongdoing has occurred, with carefully de- THE DEFENDANT WAS UNLAWFUL tainly many people who have just lost fined relief for the corporation from qui tam Background: The anti-kickback statute their job can’t afford health insurance suits under the False Claims Act (but not makes it a criminal offense knowingly and premiums. If you get sick, lose your waiver by the Secretary of sanctions); willfully (intentionally) to offer or receive ‘‘minimum periods of exclusion (mostly job, and can’t afford health insurance anything of value in exchange for the refer- parallel with periods of exclusion currently premiums you are still out of luck ral of Medicare or Medicaid business. The in regulations) with respect to existing ex- under this bill. statute is designed to ensure that medical clusion authorities from Medicare and Med- And, Mr. President, today if a worker decisions are not influenced by financial re- icaid; and wards from third parties. Kickbacks result in switches jobs their next employer may ‘‘increases in the maximum penalty more Medicare services being ordered than or may not offer health care coverage. amounts which may be imposed under the otherwise, and law enforcement experts The bill before us today does not civil monetary penalty laws regarding health agree that unlawful kickbacks are very com- change this situation. Companies can care fraud.’’ also continue to eliminate health care As stated above, however, H.R. 2389 con- mon and constitute a serious problem in the tains several provisions which would seri- Medicare and Medicaid programs. coverage for retirees. The two biggest health care fraud cases in ously erode our ability to control Medicare So, Mr. President, this bill does not history were largely based on unlawful kick- fraud and abuse, including most notably: guarantee health insurance. It is an backs. In 1994, National Medical Enterprises, making the civil monetary penalty and anti- important step forward and it should a chain of psychiatric hospitals, paid $379 kickback laws considerably more lenient, million for giving kickbacks for patient re- be passed. the unprecedented creation of an advisory ferrals, and other improprieties. In 1995, We should not let the perfect be the opinion mechanism on intent-based status, Caremark, Inc. paid $161 million for giving enemy of the good, but we also and a trust fund concept which would fund kickbacks to physicians who ordered very shouldn’t lead Americans to believe it only private contractors (not law enforce- expensive Caremark home infusion products. ment). Our specific comments on these mat- does more than it really does. Most kickbacks have sophisticated dis- ters follow. While there are many positive things guises, like consultation arrangements, re- in this bill that merit its enactment, MAKING CIVIL MONETARY PENALTIES FOR turns on investments, etc. These disguises Mr. President, there are several provi- FRAUDULENT CLAIMS MORE LENIENT BY RE- are hard for the Government to penetrate. sions that I believe would substantially LIEVING PROVIDERS OF THE DUTY TO USE REA- Proving a kickback case is difficult. There is undermine our efforts to combat fraud, SONABLE DILIGENCE TO ENSURE THEIR CLAIMS no record of trivial cases being prosecuted waste, and abuse in Medicare and other ARE TRUE AND ACCURATE under this statute. health programs. Our two lead agencies Background: The existing civil monetary Let me repeat, the IG says this provi- penalty (CMP) provisions regarding false in combating health care fraud and claims were enacted by Congress in the 1980’s sion will ‘‘significantly curtail enforce- abuse, the Department of Justice and as an administrative remedy, with cases ment of these sanctions.’’ Mr. Presi- the office of inspector general of the tried by administrative law judges with ap- dent, this provision has no business in Department of Health and Human serv- peals to Federal court. In choosing the this conference report and flies in the ices, have also raised serious concerns ‘‘knows or should know’’ standard for the face of the bill’s section title ‘‘Pre- with different provisions in this con- mental element of the offense, Congress venting Health Care Fraud and Abuse.’’ ference report. chose a standard which is well defined in the Along with other exemptions pro- First, the conference agreement in- Restatement of Torts, Second, Section 12. vided in the bill, this change will cost cludes language from the House bill The term ‘‘should know’’ places a duty on taxpayers $200 million, according to health care providers to use ‘‘reasonable dili- that significantly raises the burden of gence’’ to ensure that claims submitted to the Congressional Budget Office [CBO]. proof on the Government to prove Medicare are true and accurate. The reason The conference agreement also in- fraud and impose civil monetary pen- this standard was chosen was that the Medi- cludes a provision from the House bill alties. Let me read from a letter that care system is heavily reliant on the honesty requiring the IG to provide advisory June Gibbs Brown, HHS inspector gen- and good faith of providers in submitting opinions to the public on the Medicare eral wrote to me recently about this their claims. The overwhelming majority of anti-kickback statute. The Attorney provision. claims are never audited or investigated. General and the HHS strongly oppose I ask unanimous consent that the Note that the ‘‘should know’’ standard this provision. In fact, the Attorney does not impose liability for honest mis- relevant portion of the letter be in- takes. If the provider exercises reasonable General in a June 6, 1996 to then Major- cluded at this point. diligence and still makes a mistake, the pro- ity Leader Dole and Speaker GINGRICH LETTER FROM JUNE GIBBS BROWN, INSPECTOR vider is not liable. No administrative com- said: GENERAL plaint or decision issued by the Department This is an unprecedented and unwise re- September 29, 1995. of Health and Human Services (HHS) has quirement that would severely undermine Hon. TOM HARKIN, found an honest mistake to be the basis for our law enforcement efforts relating to U.S. Senate, Washington, DC. CMP sanction. health care fraud. The HHS IG said in her Re H.R. 2389: ‘‘Safeguarding Medicare Integ- H.R. 2389 Proposal: Section 201 would rede- letter to me that similar provisions would rity Act of 1995’’ fine the term ‘‘should know’’ in a manner ‘‘severely hamper the Government’s ability DEAR SENATOR HARKIN: You requested our which does away with the duty on providers to prosecute health care fraud.’’ views regarding the newly introduced H.R. to exercise reasonable diligence to submit She goes on to say: 2389, which we understand may be considered true and accurate claims. Under this defini- in the deliberations concerning the ‘‘Medi- tion, providers would only be liable if they Even with appropriate written caveats, de- care Preservation Act.’’ We strongly support act with ‘‘deliberate ignorance’’ of false fense counsel will hold up a stack of advisory the expressed objective of H.R. 2389 of reduc- claims or if they act with ‘‘reckless dis- opinions before the jury and claim that the ing the fraud and abuse which plagues the regard’’ of false claims. In an era when there defendant read them and honestly believed Medicare program. The proposed legislation is great concern about fraud and abuse of the (however irrationally) that he or she was not contains some meritorious provisions. How- Medicare program, it would not be appro- violating the law. The prosecution would ever, if enacted, certain major provisions of priate to relieve providers of the duty to use have to disprove this defense beyond a rea- H.R. 2389 would cripple the efforts of law en- ‘‘reasonable diligence’’ to ensure that their sonable doubt. This will seriously affect the forcement agencies to control health care claims are true and accurate. likelihood of conviction of those offering fraud and abuse in the Medicare program and In addition, the bill treats the CMP au- kickbacks. to bring wrongdoers to justice. thority currently provided to the Secretary Mr. President, I strongly support the The General Accounting Office estimates in an inconsistent manner. On one hand, it concept of providing the public and the loss to Medicare from fraud and abuse at proposes an increase in the amounts of most health care providers guidance on com- 10 percent of total Medicare expenditures, or CMPs which may be imposed under the So- plying with Medicare law. The govern- about $18 billion. We recommend two steps cial Security Act. Yet, it would significantly to decrease this problem: strengthen the rel- curtail enforcement of these sanction au- ment does issue advisory opinions and evant legal authorities, and increase the thorities by raising the level of culpability other guidance and it should be pro- funding for law enforcement efforts. Some which must be proven by the Government in vided the resources to do more. But law worthy concepts have been included in H.R. order to impose CMPs. It would be far pref- enforcement should not be forced to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9544 CONGRESSIONAL RECORD — SENATE August 2, 1996 issue information that it feels will un- Mr. President, the Clinton plan re- Mr. President, there is one last provi- dermine compliance with anti-kick- duced the deficit from a record-high sion of the small business job protec- back laws. $290 billion in 1992 to a projected $117 tion bill of which I am extremely The Attorney General and IG have billion this year. That is a 60-percent proud. For almost 8 years, hard-work- said that these requirements are so reduction of the deficit in 4 years, Mr. ing owners of fishing vessels in New damaging to their ability to prosecute President. But some Members on the Bedford, MA, have been subject to an fraud because they would require law other side of the aisle seem to forget Internal Revenue Service ruling that enforcement to issue opinions on in- that deficit reduction is, in and of would have resulted in approximately tent based statutes. Because of the in- itself, not an economic policy. Cutting $11 million in penalties. This situation herently subjective nature of intent, wasteful spending in order to keep in- arose from an IRS misinterpretation of they believe it would be impossible for terest rates low whole protecting pro- the Tax Code as applied to crew- them to determine intent based solely grams and services which stimulate members on small fishing vessels. The upon a written submission from the re- growth and create jobs is an economic IRS’ interpretation and assessment questor. They point out that it does policy. It is an economic plan. It is, in nearly devastated the fishing families not make sense for a requestor to ask fact, the core of the Clinton plan, and in southeastern Massachusetts—a re- the Government to determine the re- I am pleased to have helped shape this gion struggling with the departure of questor’s own intent. plan. the textile industry and the demise of The Congressional Budget Office has Just 2 weeks ago, the Chairman of the fishery. I am pleased that this bill scored this advisory opinion provision the Federal Reserve, Alan Greenspan includes a correction to this wrong- as costing taxpayers $280 million over told me that our economy has not headed interpretation. This action is the next 7 years. They recognize the looked this sanguine in 3 years. But I providing relief for four fishing vessels obvious, that this provision will result reminded him during our Banking in New Bedford—F/V Edgartown, F/V in fewer successful prosecutions of Committee hearing that all Americans Nordic Pride, F/V Lady J, F/V Steel—by health care fraud. have not yet felt the benefits of the Mr. President, there are a number of rendering moot a court action against Clinton plan. Accordingly, I introduced provisions in the conference agreement them. the American Family Income and Eco- Life on the seas requires fishermen to that would, taken alone, improve our be ruggedly independent individuals. fight against Medicare fraud, waste, nomic Security Act this year. Several and abuse—provisions I have long advo- provisions of my 20-point plan will be- Fishing boat operations reflect this cated. The bill creates a mandatory come law when the President signs the independence in that they are fun- source of funding for the IG, the FBI, conference report before us. damentally small business operations One of these provisions is raising the and other law enforcement agencies. with crews that typically vary from Their efforts return many times their minimum wage to $5.15 per hour, which trip to trip, with each crewmember costs in savings. In order to make this I will address in a separate statement acting as a free agent. Recognizing change significant, though, we can’t later this afternoon. that there was a unique worker ar- simply eliminate existing discre- Two other provisions of my bill rangement on fishing vessels, Congress tionary funding for these activities in which are echoed in the Small Business amended the Tax Code in 1976 to clarify the appropriations bill. Job Protection Act are the extension of the employment status of crew- The bill also requires some steps to the credit for research and experimen- members as self-employed and required be taken to encourage and assist Medi- tation and the deduction for employer- the self-employed crewmembers to be care beneficiaries in identifying and re- provided educational assistance. compensated solely with a share of the porting fraud and abuse. Significant This bill will extend the R&E Tax catch. additional steps are needed to assure Credit, sometimes called the Research It is common practice on fishing that seniors really have the tools they and Development Tax Credit, until boats around the country to provide a need to fully participate in this impor- May 1997. Mr. President, for years, I small cash payment called a pers to the tant effort. have fought to make this credit perma- cook, first mate and engineer in rec- So, Mr. President, this bill is a mixed nent; it is one of the most important ognition of additional duties they per- bag. I will support it because it pro- tax provisions for our high-technology, form at sea. These pers represent only vides important new protections to high-wage, job-crating industries, 1 to 5 percent of the total compensa- working Americans and tax relief for many of which are found in my home tion which amounts to approximately farmers and the self-employed. How- State. I am disappointed this bill does $500 annually on a $30,000 income. ever, I will actively work to have the not make the credit permanent or ret- This bill will allow the pers pay- provisions which hamper our efforts to roactive; however, I am pleased the ments—which are essentially cal- combat health care fraud and abuse re- Congress is once again acknowledging culated as a share of the catch—with- moved from the books. the significance of the credit. out jeopardizing the self-employment AID TO SMALL BUSINESSES The bill will also extend the exclu- status of crewmembers. Let me empha- Mr. KERRY. Mr. President, this is a sion, up to $5,250, for employer-pro- size, Mr. President, that the boat own- good day for hard-working Americans vided educational assistance through ers believed they complied with the and small business owners across the May 1997. This provision gives many new tax laws and regulations, and in Commonwealth of Massachusetts. The Americans an opportunity to further fact they did comply with the law as final passage of the Small Business Job their education while working. It al- Congress intended it to be applied to Protection Act will stoke the engine of lows them to upgrade their skills in small fishing vessels. job growth in this country and will order to survive and compete in the With my colleagues from Massachu- help further the current economic ex- changing global economy. setts, Senator KENNEDY and Congress- pansion. These provisions are the logical com- man FRANK, I tried to remedy this situ- Just 2 days ago, we learned that, in plements to the Clinton economic plan. ation for 7 years. We appealed to the the second quarter of 1996, our national They will help more working Ameri- Treasury Department and the Internal economy posted a robust 4.2 percent cans to enjoy the benefits of the cur- Revenue Service, and introduced legis- growth rate. This buoyant growth fig- rent robust economic growth. I will lation that was vetoed twice by Presi- ure is just the latest indication that continue to fight for other provisions dent Bush. Today, I am pleased that the Clinton economic plan which the of my American Family Income and this issue will be resolved as soon as Congress passed in 1993 without one Economic Security, like allowing more President Clinton signs this bill. single Republican vote is benefiting Americans to save for their retirement Mr. President, this has been a long hard-working Americans. We have un- through IRA’s, safeguarding pension and difficult struggle to provide relief precedented low interest rates and sub- plans from corporate raiders, reducing for the fishing families of New Bedford. dued inflation and unemployment lev- capital gains tax rates for investors in Like the hard-working people of south- els. In fact, the Clinton plan has cre- targeted, high-technology industries, eastern Massachusetts, small business ated more than 10 million jobs since its furthering training programs and ex- owners and American workers will enactment. panding stock option programs. enjoy the benefits of this bill. I am

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9545 pleased that the Senate will speak with In his remarks 2 days ago, the distin- patriated to the United States. This a strong bipartisan voice to raise the guished senator from North Dakota in- provision has actually created an unin- minimum wage, to provide tax incen- sisted on referring to the repeal of 956A tended incentive for companies to in- tives for small businesses and, espe- as opening a tax loophole. This is sim- vest in hard assets, such as manufac- cially, to assist the families of New ply not true. Rather, what the repeal turing facilities, outside the United Bedford, MA. does is loosen a noose that has been States. Doing so enables the subsidiary I yield the floor. strangling the competitiveness of to increase its hard assets and thus EMPLOYER SECURITIES IN ERISA PLANS many of our U.S. businesses. lower the ratio of it passive assets to Mr. BREAUX. Mr. President, I rise How many of my colleagues would total assets, which effectively lowers today to address the full Senate and stand up and say, ‘‘Yes, I would like to the tax. Manufacturing facilities, un- the distinguished chairman of our Fi- hamper the competitiveness of U.S. like passive assets, require workers, al- nance Committee, Senator ROTH. On businesses abroad by imposing tax re- most always hired from the host na- June 5, I suggested to the Finance strictions on them unequal to any re- tion. Thus, the perverse effect of sec- Committee that it adopt a provision striction imposed on their competi- tion 956A is to provide an incentive for that would permit subchapter S cor- tors.’’ Or, how many of my colleagues U.S. multinational companies to invest porations to sponsor ESOP’s, or em- would say that they are in favor of dis- in jobs overseas for non-U.S. workers. ployee stock ownership plans. couraging U.S. firms from increasing Contrary to what some contend, U.S. When the precise language of my pro- employment at home by taking advan- companies generally do not invest posal was published as section 1316 of tage of business opportunities abroad. abroad simply to take advantage of H.R. 3448, I was disappointed to read Yet, in essence, this is the effect of not lower labor costs. In fact, most foreign that some of the special tax benefits repealing section 956A. investments by U.S. companies are in that currently are available with re- I don’t believe there is even one Sen- countries where labor costs are often spect to ESOP’s would not be available ator in this Chamber who wants to go higher than in the United States. In in the case of an ESOP that acquires home in August and brag about putting 1993, two-thirds of the assets and sales and holds subchapter S corporation U.S. companies at a competitive dis- of U.S.-controlled foreign corporations stock. advantage. I don’t believe there is even were in seven primary locations: Ger- I would like to note that the provi- one Senator who wants to go home and many, France, Japan, United Kingdom, sion in the bill before us related to em- brag about eliminating jobs for U.S. Netherlands, Canada, and Switzerland. ployer securities and sub S ERISA workers. Yet, this is exactly what sec- The average annual compensation paid plans is not to take effect until Janu- tion 956A does. to foreign workers in these countries ary 1, 1998. Between now and then, I Mr. President, let me briefly discuss was 15 percent higher than the average will review how we can make it pos- the history of section 956A. Until 1993, paid to workers in the United States by sible for subchapter S corporations to when President Clinton signed the the parent corporations. avail themselves of the special ESOP largest tax increase in the history of U.S. foreign businesses are almost al- tax benefits, which will encourage this Nation, the U.S. generally did not ways established in order to better greater use of this provision. tax the active income earned by a U.S. service foreign customers, to have a After this review, I hope to be able to corporation’s foreign subsidiaries until local presence, to avoid excessive offer reasonable alterations to H.R. that income was actually repatriated transportation costs, or to develop nat- 3448 that will expand our policy of pro- to the U.S. parent. This tax deferral ural resources in the geographic loca- moting employee ownership through enabled U.S. companies with foreign tions where they are found. In other ESOPs. affiliates to compete on a reasonably words, decisions of where to invest are Mr. ROTH. Mr. President, I appre- level playing field with foreign com- made for solid business reasons—not ciate the comments of the Senator petitors. This is because no other in- for tax avoidance. Many foreign coun- from Louisiana and look forward to re- dustrial nation’s tax law forces a par- tries insist that contracts be made viewing any thinking he may have for ent corporation to pay taxes on income only with local entities. future legislation on this matter. earned by a subsidiary until that It is also important to note that DISCRIMINATION UNDER NEW IRS SECTION 936 money is sent home to the parent. these U.S. subsidiary corporations sel- Mr. GRAMS. Mr. President, I am However, in 1993, the Clinton admin- dom take jobs away from the United very concerned about regulations that istration proposed and Congress en- States, but actually supplement do- were just issued by the IRS in May re- acted a limitation on this tax deferral. mestic production and increase U.S. garding the section 936 possession tax The provision, now known as section jobs. U.S.-owned foreign corporations credit. These new regulations cast 956A, forces the parent corporation to are large purchasers of exports from aside regulatory rules upon which com- pay tax on a portion of its foreign sub- their affiliated companies in the panies have relied for many years per- sidiary corporation’s active income to United States. According to the U.S. mitting arm’s length pricing in the the extent it has an excessive accumu- Department of Commerce, 40 percent of purchase of components. The new regu- lation of passive assets. U.S. multinational corporations’ ex- lations produce the discriminatory re- Mr. President, this new restriction ports are sold to U.S. affiliates over- sult that an arm’s length third-party did not close a tax loophole. Instead, seas. price can be used to value outbound 956A closed doors of opportunity for For every one billion U.S. dollars in sales of components but not inbound U.S. business and hindered employ- manufactured exports, over 14,000 man- purchases of components by the posses- ment and investment growth. As I ufacturing jobs are created in the sion company for purposes of the sec- mentioned, section 956A has no coun- United States. Employment growth be- tion 936 calculation. I believe that a terpart in the tax laws of our foreign tween 1987 and 1992 at U.S. plants that fair and workable solution can be de- competitors. Hence, it effectively started or continued exporting during veloped to address these concerns and places an undue burden on U.S.-owned that time was 17 to 18 percent greater would ask the Senator to join me in en- companies abroad—a burden that our than at comparable plants that did not couraging the Treasury Department to competitors do not have. export. seek such a solution. There are some who want us to be- These statistics clearly indicate that Mr. ROTH. I believe this is an area lieve that the enactment of section expanding U.S. business overseas in- that Treasury and the IRS need to re- 956A would discourage U.S. companies creases growth back home, including visit. I join the Senator from Min- from moving jobs overseas. Mr. Presi- employment growth. We cannot ignore nesota in encouraging them to do so. dent, this is just not true. In fact, the the global economy we are living in by Mr. HATCH. Mr. President, I rise provision has resulted in just the oppo- discouraging U.S. companies from ex- today to describe why the repeal of In- site effect—it encourages U.S. compa- panding to other countries. ternal Revenue Code section 956A, nies to employ more overseas workers. Repeal of section 956A doesn’t benefit which is included in the Small Business Let me explain. As I stated before, just a handful of large corporations, as Tax Relief bill, is important to both section 956A subjects excessive passive has been suggested. Small businesses U.S. businesses and American workers. assets to U.S. tax before profits are re- must invest overseas also. In today’s

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9546 CONGRESSIONAL RECORD — SENATE August 2, 1996 world, any business that doesn’t recog- business tax legislation two of the ers to hire people from populations suf- nize the necessity to go global is in most important provisions from my fering from high unemployment, who jeopardy of losing out to foreign com- women’s pension bill, provisions which are on government assistance or who petition. In fact, many small Utah received broad bipartisan support. One have limited education. I am just de- businesses are having great success in requires the Department of Treasury to lighted that the conference bill in- exporting and are finding a need to in- create model language for spousal con- cludes a provision I authored, along vest outside the U.S. to establish a sent with respect to survivor annuities with my Colleagues Senators BAUCUS for widows. The second requires the De- global presence. Does this mean we are and HATCH, that will help expand the losing jobs in Utah? Hardly. Rather, partment of Treasury to create model pool of eligible employees by adding a language for Qualified Domestic Rela- such international growth has further category for indigent 18- 24-year-olds. tions Order forms used to divide pen- fueled my State’s employment boom. Adding this category encourages em- Finally, Mr. President, let me em- sions during divorce. phasize that repealing 956A will give no Pension retention—issues associated ployers to hire young people who are special treatment to U.S. businesses with holding onto earned pension all too often overlooked, promotes self- with foreign affiliates. In fact, the tax rights—are important safeguards sufficiency and prevents our young treatment of U.S. businesses after the against ‘‘retirement surprise.’’ Pen- people from returning to the welfare repeal of 956A will be the same as the sions are often the most valuable fi- system. The Work Opportunity Tax tax treatment received by a U.S. indi- nancial asset a couple owns—earned to- Credit will enable employers to access vidual who holds shares in a company gether during their many years of mar- the credit after an employee has and defers U.S. tax on the earnings of riage. Unfortunately, it is now all too worked 400 hours, thereby providing the company until the company actu- easy for a woman to unknowingly com- additional incentives for job training. ally pays the dividend to the share- promise her right to a share of her Job training and educational assist- holder. spouse’s pension benefits in case of ance by employers is essential to cre- Until 1993, our tax law has always widowhood or divorce. If she reads ate a strong work force. That is why I taxed the active profits of American- ‘‘lifetime annuity’’ to mean her life- am so pleased that I was able to work owned companies abroad when those time and signs the forms waiving sur- with Senators ROTH and MOYNIHAN to earnings were sent to the U.S. com- vivor benefits, she loses her pension if enable employers to provide edu- pany through dividend, transfer pay- her spouse dies. In case of divorce, if cational assistance to their employees ment, or other means. Let me reiterate both spouses do not sign a complete that repeal of section 956A does not QDRO form, she loses her right to any without including the costs associated change this basic concept of the Inter- pension benefits, even if the marriage with such assistance in their gross in- nal Revenue Code. Rather, it restores lasted fifty years. The provisions come. This exclusion ended December the traditional treatment that was adopted in this bill will make it more 31, 1994 and is retroactively reinstated changed by the misguided 1993 provi- likely that women will be able to pro- in this bill. However, the program only sion. tect their rights and retain their pen- applies to undergraduate study until I am proud to say that I stand for sions. January 1, 1998 and it troubles me that creating employment for American Additionally, I am an original co- the House would not agree to extend workers. I stand for increasing our ex- sponsor of the Spousal IRA Equity leg- the benefit to employees who are in ports and developing foreign markets, islation. This provision will allow a de- graduate school past June 1996. Em- and I stand for repealing section 956A ductible IRA contribution of up to ployer-provided educational assistance to remove the strangling provisions it $2,000 per year to be made by each on a graduate level helps our national places on U.S. businesses trying to spouse including homemakers. Cur- competitiveness, and I hope that we compete on a level playing ground with rently, a spouse who works outside the will revisit the limitations of this bill. home is allowed to make tax-free con- foreign competitors. The investments we make today in Ms. MOSELEY-BRAUN. Mr. Presi- tributions to an Individual Retirement education and research will determine dent, I rise in support of the Small Account up to $2,000 annually. How- our global competitiveness in the fu- Business Job Protection Act, particu- ever, the spouse that works in the larly its minimum wage provisions. I home is only allowed to contribute $250 ture. That is why I am happy that this would like to commend Chairman ROTH annually. This Congress has agreed for bill extends the Research and Experi- and members of the Finance Com- the first time to right this wrong and ment Tax Credit through May 31, 1997 mittee who worked in a bipartisan provide fairness for women who work however, I believe it should have been fashion to put together a very com- both outside of and in the home. retroactively reinstated in this bill and prehensive bill that helps small busi- I regret the deletion by the con- hope that it will be made permanent in nesses invest, grow and create new ference committee of safeguards the future. If government does not en- jobs. against the taxation of non-physical courage research and development, it I am particularly proud to have suc- compensatory damages. That provision will have a negative impact on our ceeded in including a large number of is inequitable because it makes a dis- international competitiveness and our provisions in the Small Business Job tinction between physical and non- national security. The R & E tax credit Protection Act that I, along with my physical compensatory damages. Under has demonstrated its efficacy, and it colleagues, worked very hard to place this bill, victims of sex discrimination, should be continued with sufficient cer- in the bill and retain in conference. race discrimination, and emotional dis- tainty to encourage long term planning These provisions will help to change tress would be required to pay taxes on and investment in this area. peoples lives by creating pension eq- any damages they receive while, on the A tax credit for nonconventional uity, providing educational assistance, other hand, victims of battery will not fuels is yet another investment that preventing job loss, moving people be taxed. Not only is this provision bad from welfare to work, encouraging re- tax policy but it is discriminatory, and will help develop new sources of coal search and development and giving as- will make it more difficult for victims and methods to recycle biomass that sistance to first-time farmers. of these crimes to achieve justice. I will increase our technological ad- One of my primary focuses during hope the Congress will revisit this vancement. The section 29 tax credit is this Congress has been to identify and issue and correct this injustice. important for recovering and managing resolve the current pension laws that Despite my displeasure with this par- landfill gas such as methane. In so are and have been inequitable toward ticular provision, this is a good bill. doing, it helps to improve the quality women throughout history. As a result The bill increases investment by small of life around landfills, reduce smog, of this effort, earlier this year, I intro- businesses and creates incentives for and alleviate global warming. With duced the ‘‘Women’s Pension Equity businesses to move people from welfare this tax credit, landfill gas has become Act of 1996.’’ This bill begins to assist to work. It creates a new tax credit, a practical fuel for use in conventional millions of women retain pension bene- called the Work Opportunity Tax Cred- electrical generating equipment. How- fits earned during many years of mar- it, which replaces the old targeted jobs ever, the extension of the credit will be riage. Today, I want to thank Chair- tax credit program. The Work Oppor- less effective as it relates to coal be- man ROTH for including in this small tunity Tax Credit encourages employ- cause an additional year is needed to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9547 get plants up and running given the would like to point out that close to 60 be driving the economy with one foot complexity in converting coal into syn- percent of those earning minimum on the gas and the other on the brake. thetic fuels. I hope we will revisit the wage are women. These are women who The Senate had the chance to tip this effective date of the ‘‘placed in serv- are taking responsibility for them- bill in favor of creating more and bet- ice’’ deadline. selves and their children. They go to ter jobs and providing necessary relief The effective date was changed in the work every single day, and still the for small businesses. Unfortunately, on conference agreement for the repeal of minimum wage does not provide them a close vote, this body defeated the the fifty percent interest income exclu- with a living wage on which to raise amendment offered by the Chairman of sion for financial institution loans to their families. This increase in the the Small Business Committee, the Employee Stock Ownership Plans minimum wage will make a difference Senator from Missouri [Mr. BOND]. [ESOPs]. In the original legislation, to these women. That amendment would have protected the House wanted to retroactively re- Increasing the minimum wage by 90 small, vulnerable employers from a peal the fifty percent interest income cents over the next year is the right one-size-fits-all mandate increasing the exclusion for ESOPs using October 13, thing to do. It has been almost five federal minimum wage. 1995 as the effective date. As you may years since the minimum wage was last The Democrat Party had two years, assume, that early effective date would increased. As I’m sure anybody who during which it controlled the White have a devastating impact on compa- has gone to the grocery store or the House and the Congress, to increase nies that had reasonably relied upon doctor’s office lately can tell you, in the minimum wage. They never moved the current laws and acted to establish the last five years prices have in- a bill out of committee. They never of- an employee stock ownership plan. I creased, but wages have stayed the fered an amendment on the floor. They am quite pleased that the conference same. The report on our economy waited until this year to strike. I just agreement included today as an effec- issued yesterday confirms this fact: have to suspect there were some polit- tive date. Although I am pleased that wage growth was at 0.08 percent, while ical motivations involved, and some today will be the effective date for re- our economy grew at an annual rate of crocodile tears shed over the workers pealing this provision, I wish that we 4.2 percent. they say they want to help. did not have to repeal the fifty percent Increasing the minimum wage will I commend those who have labored interest income exclusion for Em- raise wages, not lose jobs. Last year a long and hard to take a legislative ployee Stock Ownership Plans at all group of respected economists, includ- lemon and turn it into lemonade. I am because they are good for business and ing three Nobel prize winners, con- sorry I cannot, in good conscience, vote good for employees. When an employee cluded that an increase in the min- for the resulting bill. owns part of the company, their invest- imum wage to $5.15 an hour will have All too often, Congresses and Presi- ment is greater, their work product is positive effects on the labor market, dents have taken a perceived problem, better and their loyalty will last workers, and the economy. Paying a put it under a microscope, and tried to longer, this bill only makes it harder living wage does not mean that jobs address it with a one-size-fits-all fed- for this to occur. will be lost. eral mandate. The result often has Not only does this bill help small Workers are our greatest resource. been government by anecdote. Unin- businesses but it also helps first- time We should recognize the contributions tended consequences and innocent by- farm buyers. As a cosponsor of the of our workers. Our country is founded standers have not always been taken Aggie Bond bill, I am thrilled that it is on the belief that hard work is the into account in the rush to adopt a included in this conference agreement. foundation of success—this is the ‘‘feel-good’’ solution. Provisions of the aggie bond legislation American Dream. Congress should en- That risk of unintended consequences helps to insure Illinois farmers and courage, not discourage, effort and per- is definitely present in the bill before farmers all over the nation are given severance. A minimum wage should us today. assistance in maximizing their partici- provide a living wage for those who are We feel for those Americans who are pation in the first-time farm buyer pro- working day in and day out to provide working hard at making ends meet. It gram. This provision allows the pur- for themselves and their families. Fam- is easy and it is tempting to look at a chase of farms from related parties and ily values and the American Dream are $4.25 an hour minimum wage and say, increases the maximum-size require- ideas we like to talk about, but today let’s just mandate an increase in that ments for first-time farmer industrial we can actually make them more real wage. But that is the wrong answer. development bonds. for millions of Americans. Not only does this bill help farmers Although it is not perfect, this is a That approach will hurt the very per- and small businesses but it also helps good bill. Women, children, and work- sons it is meant to help—the working low wage workers with an increase in ing people will all benefit, and it will poor and entry-level employees. the minimum wage. Raising the min- help promote job-creation, and eco- Common sense, the laws of econom- imum wage is about allowing people to nomic growth. I want to commend my ics, and experience all tell us this. realize the American Dream. It is colleagues on the Finance Committee, We’ve all heard the numbers. The com- monly accepted figure is that a stand- about valuing hard work and providing particularly Chairman ROTH and the people with the opportunity to provide ranking Democratic member, Senator alone increase in the minimum wage for their families. MOYNIHAN, who have worked hard to from $4.25 an hour to $5.15—a 21 percent For the millions of American’s who produce a bipartisan bill that promotes increase—would result in the loss of at support themselves and their families growth and stability among small busi- least 621,000 jobs. In Idaho, it would de- on $4.25 an hour, the current minimum nesses. stroy 3,200 jobs. wage is not enough to raise them out of I urge my colleagues to join with me I don’t know how many of those jobs poverty. The ninety cent increase we in supporting the final passage of what might be saved with the tax provisions are voting for today will make a dif- is generally a common sense, people in this bill, but it’s obvious that many ference to the ten million Americans oriented, bipartisan bill. small employers will fall through the that earn the minimum wage. Mr. CRAIG. Mr. President, I rise in cracks. These are the businesses who In Illinois, over 10 percent of the opposition to the conference report on will have little or no opportunity to workforce, or 545,647 people, earns the H.R. 3448. use the tax relief provisions elsewhere minimum wage. The majority of the This title of this bill is supposed to in this bill. people earning the minimum wage— be the ‘‘Small Business Job Protection These are employers who have taken two-thirds—are adults, many are par- Act of 1996’’. pride in creating jobs and opportunities ents. Working 40 hours a week, 52 Title I, the tax title, is consistent for those who need them, and who take weeks a year, a person earning the with that spirit. It would make the Tax pride in serving their customers at af- minimum wage currently earns only Code a little fairer, improve economic fordable prices. $8,840. The poverty rate for a family of and employment opportunities, and I’ve heard from many small busi- four is $15,600. provide some necessary tax relief. nesses in Idaho who are concerned In light of our recent vote on ending But the problem remains that, in about this bill. They are already calcu- the welfare safety net for children, I passing this bill as a whole, we would lating whether they will have to lay

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9548 CONGRESSIONAL RECORD — SENATE August 2, 1996 off employees because of this bill. Res- from FUTA—the Federal Unemploy- take. They had handled the matter taurants are already having new menus ment Tax—for labor performed by a wrong. Their display of cronyism and printed up with higher prices. Jobs will temporary, legal, immigrant agricul- favoritism was at the expense of the not be available for young and entry- tural worker. Such employees are in- careers and reputations of seven dedi- level workers, because some employers eligible for FUTA benefits that are fi- cated public servants and their fami- simply will no longer be able to afford nanced by this tax. Therefore, this tax lies. them when the government arbitrarily is imposed on employers for no reason, All the while, the President’s staff raises the price of their labor. except that the previous exclusion sim- was waging war against the character Some have suggested that the eco- ply expired. of these seven. It’s also known as char- nomic impact of such an increase is I have supported these provisions acter assassination. After that, the ‘‘negligible.’’ But it’s not negligible for consistently in the past and commend White House launched the IRS and the each American who loses his or her job the Finance Committee for including FBI to harass them, as if to justify the as a result. In many cases, the job lost them in this bill. staff’s wrongdoing. would be the most important one that I do want to express one note of con- Then, they sent the Justice Depart- person will ever have—his or her first cern. This bill would extend the Re- ment out to prosecute them. They had job. search and Experimentation Tax Cred- the full force of the Federal Govern- In recent years, small businesses it, but with an early sunset—May 31, ment out after these seven public serv- have created every net new job in this 1997—and without making it available ants and their families. country. They take the risks of hiring for investments made after it last ex- The case went to trial. And it took and training new workers. They do not pired and before July 1, 1996. no time at all for a jury to acquit Billy have the economies of scale of large The R and E Credit is one of those Dale. That is how trumped up the businesses and suffer a dispropor- ‘‘extenders’’ that keep expiring and charges were. A jury had no problem seeing that. tionate impact from government regu- keep getting renewed. As a matter of Clearly, the White House drove Mr. lation. They tend to be labor-intensive. fairness, most, if not all, of these ex- Dale and the others right out of town If you drive up the costs of their labor, tenders simply should be made perma- with no justification. It was pure, they will be forced to create fewer jobs. nent, or at least extended for a longer In fact, 77 percent of the economists naked politics, cronyism and favor- period of time. Several times in the itism. And when a White House uses who responded to a survey of the Amer- past, these provisions have been re- the powers and resources of the Na- ican Economics Association agreed newed retroactively, but that is not tion’s No. 1 law enforcement agency, that, by itself, a higher mandated min- the case of the R and E Credit this the Nation’s tax collecting agency— imum wage would have a negative im- year. which also happens to be the No. 1 har- pact on employment. This stop-and-start approach to tax assment agency—and the Nation’s No. Obviously, that negative impact is law undoes much of the good intended 1 prosecution department, against in- going to fall on workers at or near the by these tax incentive provisions. We nocent workers and their families, try minimum wage, and especially those need to provide taxpayers with greater telling the public that’s not gro- who are the least-skilled and need an predictability in the Tax Code if we tesquely wrong. entry-level job the most. want to be effective in helping them in- And that is why Congress moved to Realistically, the federal minimum vest and create jobs. reimburse Mr. Dale and the others for wage today already is a training wage. Overall, the tax title provisions in their legal expenses. The average minimum wage worker is this bill are valuable and beneficial. I Even the President, after the acquit- earning $6.06 an hour after one year. commend the Chairman and Members tal, said he regretted what Mr. Dale In most work places, at every level of of the Finance Committee for their had to go through. But the President compensation, it is common for a new work. has now decided that the right move is employee to be paid more after a few We should be passing laws that boost to reverse himself and defend what his months. That is because there is al- the economy, increase opportunity and staff did to these seven families. He de- most always a learning curve, during create jobs. We can and should do bet- fends zealous White House staffers which the employer is investing time, ter than passing a bill that gives with using the full powers and resources of energy, and money in training and one hand and takes away with the the Federal Government to harass in- acclimating the new employee. The op- other. Therefore, although there are nocent people. He lines up on the side portunity wage in this amendment good provisions in this bill, I must cast of politics, cronyism and favoritism. simply reflects that reality of labor ec- a nay vote today. He fails to right a wrong that was per- onomics. f petrated by the Washington culture of Mr. President, I do want to empha- politics. size that I support the tax title of this MORNING BUSINESS The President did another reversal as bill. I particularly want to express my well. After the acquittal, the Presi- support and appreciation for several of dent’s personal attorney, Robert Ben- these provisions, including: THE PRESIDENT’S ‘‘TRAVELGATE’’ 180 nett, issued an inappropriate and sour- The Shelby-Craig adoption tax cred- grapes response. Mr. Bennett improp- it; enactment of this credit is compas- Mr. GRASSLEY. Mr. President, yes- erly discussed in public a confidential sionate, pro-family, pro-children, and terday’s display by the President of the matter involving a plea agreement he long overdue; increasing the avail- United States, snapping at reporters’ alleged Billy Dale’s attorney offered. ability of Individual Retirement Ac- questions about the Billy Dale bill, Billy Dale denies the allegation. counts for spouses working in the home says a lot to me. Upon Mr. Bennett discussing con- as homemakers; revising and extending First, it tells me the President has fidential information, the White House the Work Opportunity Tax Credit, once again gone back on his word. This rightly said Mr. Bennett had stepped which will help employers hire and re- is not a surprise. It has happened so over the line. His comments were ob- tain disadvantaged employees; restor- often with this President. And to be jectionable and improper. The reason ing and extending the tax exclusion for fair to him, he is certainly not the first is, plea negotiations are confidential. employer-provided educational assist- politician that has gone back on his Rules exist to protect that confiden- ance; making S corporation rules more word, from either party. tiality. Mr. Bennett may have violated flexible; providing fairer treatment for Yet, this President has championed the intent of those rules. And so the dues paid to agricultural or horti- the little guy. He came to town declar- White House admonished him. cultural organizations; improving de- ing war against all the wrongs result- It turns out, Mr. President, that the preciation and expensing rules for ing from the Washington political cul- plea agreement issue came up again small businesses. ture. Then, his own White House com- yesterday. In public. Notwithstanding I also commend the conferees for ac- mitted such a wrong. the rules of confidentiality. cepting the House’s provision restoring Initially, the President did the right But this time, the White House didn’t and making permanent the exclusion thing. He said his staff had made a mis- issue a statement of admonishment.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9549 That’s because it was discussed by I yield the floor. both the Navy and the country he so none other than the President himself. f proudly serves. As this highly deco- The President of the United States is rated combat veteran now departs to discussing confidential information in TRIBUTE TO REAR ADM. ROBERT take command of the United States the public arena. And in the process, J. NATTER, U.S. NAVY CHIEF OF Seventh Fleet, I call upon my col- he’s doing exactly the same thing that LEGISLATIVE AFFAIRS leagues from both sides of the aisle to his office had admonished the Presi- Mr. LOTT. Mr. President, I take this wish him fair winds and following seas. dent’s attorney for doing earlier this opportunity to recognize and say fare- He is a sailor’s sailor. year. well to an outstanding Naval officer f So here is what we have learned from and dear friend, Rear Adm. Robert J. the President’s skirmish yesterday Natter, who has served with distinction TRIBUTE TO JOHN WAYNE with reporters. First, he has now done for the past 33 months as the Navy’s Mr. THURMOND. Mr. President, a U-turn and allowed himself to get Chief of Legislative Affairs. It is a John Wayne, ‘‘The Duke’’. The mere caught up in the mean-spirited atti- privilege for me to recognize his many name evokes in people around the tude of his zealous political staff. Sec- outstanding achievements and com- world powerful images and fond recol- ond, he has allowed himself to stoop to mend him for the superb service he has lections of the late actor and great the level of the leakers and character provided this legislative body, the American. Though he has been gone for assassins by discussing confidential in- Navy and our great Nation. 17 years, his spirit clearly lives on formation. Is this behavior befitting of A native of Trussville, AL, Admiral through his many movies and in the what is expected of the President of the Natter comes from a patriotic family minds of his millions of fans. On Au- United States? of seven boys and two girls that has gust 17th, hundreds of people who ad- At the same time, the President has contributed immeasurably to our Na- mire this great man will gather in Los not kept his eye on the central issue— tion’s defense. All seven boys have Angeles, CA to pay tribute to an indi- the clear need to right the wrong per- served as commissioned officers in our vidual who is a legend and an institu- petrated by zealous White House Armed Forces—six in the Navy and one tion. Americans are a tough lot. We are a agents. in the Air Force. Four graduated from nation that was founded by men and Mr. President, this Travelgate issue the U.S. Naval Academy, one was com- women of great courage, strength, and is marked by a curious but telling phe- missioned through Navy Reserve Offi- morals. It took tough and determined nomenon. At the beginning, the Presi- cer Training Corps, and one attended people to win our independence from dent was saying one thing, but the gov- Officer Candidate School. Two are cur- the British; to fight for the cause of ernment he runs was doing the oppo- rently Navy admirals. I salute this the Confederacy or the Union; to tame site. Obviously, we don’t want or ex- family who has served our Nation so the wild west; to twice lead the world pect this in a Presidency. You want the well. to victory in two vicious global wars; President to say one thing, and have Admiral Natter enlisted in the Naval and, to have led the fight against those in his control do that one thing, Reserve at the age of 17 as a seaman re- forces bent on subjugating the freedom too. You want uniformity. You want cruit. Following 1 year of enlisted serv- loving people of the world under the the ‘‘saying’’ and the ‘‘doing’’ to be one ice and 4 years at the Naval Academy, corrupt doctrine of godless Com- and the same. he was graduated and commissioned an But there is another variable in the munists. Americans are individuals Ensign in June 1967. who admire self-reliance, honesty, and equation. In the Travelgate matter, the Admiral Natter’s service at sea in- fairness, and without question, John President’s words reflected the right cludes department head tours in a thing, and his staff’s deeds reflected Wayne was someone who personified Coastal Minesweeper and Frigate, and the wrong thing. So the President, in these traits as a man, and who brought Executive Officer tours in two Amphib- seeking uniformity, made the wrong these qualities to the silver screen ious Tank Landing Ships and a choice. Instead of making his adminis- through his prolific career as an actor, Spruance Destroyer. He distinguished tration conform to his admirable utter- director, and producer. himself in combat as Officer-in-Charge ances, he went native with the wrong In countless movies, John Wayne of a Naval Special Warfare detachment side. That is why he is now attacking portrayed mythic figures of American in Vietnam. He later commanded the Billy Dale like his attorney did; and lore. Characters that included cowboys, guided missile destroyer U.S.S. Chan- that is why he has suddenly decided he lawmen, soldiers, sailors, and marines dler and guided missile cruiser U.S.S. will not sign the bill. in films such as ‘‘Stagecoach,’’ ‘‘The Mr. President, this episode shows Antietam. He has been the recipient of Sands of Iwo Jima,’’ ‘‘The Fighting that the President has failed to uphold many awards and commendations in- Seabees,’’ ‘‘The Shootist,’’ ‘‘The Green the principle of justice, fairness, and cluding the Silver Star and Purple Berets,’’ ‘‘True Grit,’’ and dozens of right vs. wrong in this matter. The test Heart. other titles that soon became classics. of any leader is to view his actions on As the Navy’s Chief of Legislative Af- It was impossible not to admire John matters that happen in his own back fairs, Admiral Natter has provided Wayne and the roles he played for they yard, or which affect him personally. timely support and accurate informa- all embodied the ideals that Americans [This is one such matter.] And to me, tion on Navy plans and programs. hold dear. Moviegoers knew that if the President has failed that test of Working closely with the United States ‘‘The Duke’’ took a swing at someone, leadership. Congress, he helped maintain the best- they deserved it, or if John Wayne fired By not doing the right thing—and in trained, best-equipped, and best pre- a weapon, it was only to protect the fact, by now joining the wrong side in pared Navy in the world. His strong life of an innocent person, to uphold the campaign to assassinate one’s char- leadership provided a legacy of innova- the law, or to help defend the Nation. acter—he has undercut his own moral tive, affordable and technologically su- The characters John Wayne played authority as a leader. He has abdicated perior naval systems and platforms for were decent men committed to doing his responsibility to see that justice those who will serve in the Navy dec- what is honorable and just, and for was done for seven of his own former ades after he steps down as the Chief of those reasons, he will be remembered employees and their families. He has Legislative Affairs. His consummate as a American icon for many genera- abandoned his commitment to stand up leadership, integrity, and tireless en- tions to come. for the little guy. In a sense—it is okay ergy serve as an example for us all. Mr. President, the United States is a to stand up for all these high and Mr. President, Bob Natter, his wife nation that is made up of men and mighty principles—jut not in my back Claudia, and daughters Kelly, Kendall, women who labor tirelessly to make yard. and Courtney have made many sac- our county a better place. Few people And that is why, Mr. President, the rifices during his 30-year naval career. think about the police officers and fire- President’s about face in the Billy Dale They have made significant contribu- fighters who put their lives on the line, matter is disappointing to me. And it tions to the outstanding naval forces or the tens of thousands of service tells me much about his leadership ca- upon which our country relies so heav- members spread around the world pro- pacity. ily. Admiral Natter is a great credit to tecting American security, or the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9550 CONGRESSIONAL RECORD — SENATE August 2, 1996 nurses who tend to our sick. Day in and Congress. Just this week we passed a and safe new products enhances the health of day out, these people carry out heroic comprehensive welfare reform proposal the American people. Approving such prod- acts with little or no recognition. John which will end welfare as we know it. ucts can be as important as preventing the Wayne portrayed these people in his We passed a meaningful small business marketing of harmful or ineffective prod- ucts.’’ The Edwards Commission was but one films, and they saw their efforts chron- tax relief bill. And, we will pass a mo- of a series of distinguished panels convened icled and, in The Duke, these Ameri- mentous health insurance reform bill during the past two decades that have urged cans saw a little bit of themselves. that will improve the availability and FDA reform. There will probably never again be an- portability of health insurance cov- During the year-long process in which our other actor who so embodies all the erage. legislation was developed, we drew heavily best qualities of our Nation. There will I would like to point out another op- from the work on these expert panels. Con- certainly never be another John portunity Congress has to pass a sig- trary to The Post’s suggestion that we are Wayne. nificant reform proposal and that is rushing a poorly though-out piece of legisla- the Food and Drug Administration Per- tion to the Senate floor, we believe that this f bill embodies the best thinking on this topic formance and Accountability Act. I TRIBUTE TO GARRETT D. BOURNE produced over years and years of study. hope we can consider this bill when we Moreover, we have drawn as well from the Mr. THURMOND. Mr. President, I return in September. successful experience of the FDA in expe- rise today to pay tribute to Colonel The Senate Labor Committee has diting approval of AIDS drugs without jeop- Garrett ‘‘Gary’’ D. Bourne, as he pre- spent a considerable amount of time on ardizing safety and effectiveness. In response pares to retire from his career as an of- this comprehensive piece of legislation. to sustained pressure from the AIDS commu- ficer and a soldier in the United States And, let me point out, this reform pro- nity, the agency demonstrated that it could, Army. posal passed out of committee on an 11 in fact, change its culture and its procedures Gary Bourne began his career more to implement reforms it had resisted for to 4 vote. years. than 28 years ago when he was commis- The commonsense proposals in this Unfortunately, this experience has not sioned a second lieutenant in the Field bill are designed to strengthen the been regarded as a foundation upon which to Artillery, and spending his first tour of agency’s ability to ensure that safe and build further improvements but, rather, has duty with the 82d Airborne Division. effective new medicines are made been seized upon as ‘‘proof’’ that further Throughout his career, Gary Bourne available to patients without delay by changes are unnecessary. Scientific methods has expertly met the many challenges eliminating redtape and streamlining and technology have changed dramatically of military service as an Army officer, operations. since the thalidomide incident, while regu- and he has faithfully served his Nation The FDA is designed to achieve the latory structures have barely bulged. Appli- cations for the approval of new drugs typi- in a variety of command and staff as- goal of ensuring a safe and efficient ap- cally run to hundreds of thousands of pages. signments throughout the world in- proval process. And, the FDA has been An incentive is growing for U.S. companies cluding the continental United States, concerned to protect the public from to move research, development and produc- Vietnam, Europe, Southwest Asia, and unsafe drugs. tion abroad, threatening our nation’s contin- Panama. But, it is time to ensure that the ued world leadership in new product develop- If there is one thing an officer in the agency becomes equally concerned ment, costing American jobs and further de- Army wants to do, it is to command about promoting public health by mak- laying the public’s access to important new troops, and Gary Bourne has done so at ing safe and effective new therapies products. the battery and battalion levels. He ul- available to patients as soon as pos- It is disconcerting to us that our efforts are being regarded as a ‘‘hostile takeover’’ of timately held the much coveted posi- sible. Patients can be harmed by delay the agency, as opposed to the sincere effort tion of Brigade Commander when he in approving safe and effective new it is to enhance the professionalism, stature was tapped to lead the 210th Field Ar- medicines just as they can by the ap- and effectiveness of the agency. The bill tillery Brigade. During his time with proval of unsafe new medicines. maintains the FDA firmly in the driver’s the 210th, the United States faced down I urge the majority leader to consider seat; it does not turn over all the regulatory Saddam Hussien, and Colonel Bourne this legislation in a timely enough power to the private sector, as critics have was responsible for leading his brigade matter so that we can send it to the charged inaccurately. It encourages coopera- from Germany to Southwest Asia President and I ask unanimous consent tion from the very beginning of the process so that costly delays can be avoided at the where his unit served as the covering to have printed in the RECORD an edi- end of the road. force artillery commander for the VII torial by Senators KASSEBAUM and MI- It is perhaps even more disconcerting to Corps during Operation Desert Storm. KULSKI in support of this piece of legis- hear critics of our efforts suggest that we are From 1987–1990, Colonel Bourne trad- lation. willing to put people’s lives at risk in order ed in his Battle Dress Uniform for a There being no objection, the edi- to collect large campaign contributions from suit and tie and joined the Army Legis- torial was ordered to be printed in the the drug industry. lative Liaison Office to the U.S. Sen- RECORD, as follows: The strong bipartisan vote in the Senate Labor and Human Resources Committee re- ate. During those three years many of [From the Washington Post, July 26, 1996] us came to know this dedicated officer flects the desire of Republicans and Demo- THE FDA CAN WORK BETTER crats alike to make the FDA work better for who tirelessly worked to represent the (ByBarbara Mikulski and Nancy Kassebaum) all Americans. We have reached out to the interests of the Army to members of The Post’s July 17 editorial ‘‘Reform Isn’t administration, and we are more than will- this Chamber, as well as to assist us Risk-Free’’ continues the drumbeat of nega- ing to make constructive changes in the leg- with matters related to the Army. tive commentary on our efforts and the ef- islation as reported by the committee. We After an almost three decade career forts of a bipartisan group of our colleagues are not, however, willing to tolerate endless in the Army, Colonel Bourne will soon on the Senate Labor and Human Resources rationalizations as to why the status quo leave his present post as Chief of Staff Committee to achieve meaningful reform of should be maintained. Our goal is to main- of the Fifth United States Army and the Food and Drug Administration. tain these core principles: streamline and clarify the regulatory process while main- bring his service to the Nation to an At the outset, we would make the point that a failure to make needed reforms is by taining safety and efficacy. end. The Colonel’s career has been dis- no means a risk-free proposition. Inaction Our determination to move forward is tinguished, and it has been marked by and delay victimize just as surely as the fueled by the plight of countless individuals his commitment to duty and selfless- wrong action. We hear constantly about the who have contacted us over the years to re- ness. I commend Colonel Bourne on his deformities prevented in the early 1960s by quest assistance in speeding the FDA’s eval- career of accomplishment and wish the agency’s not approving thalidomide. uation of new therapies that hold promise him and his wife good health and great Rarely, however, is a word spoken about the for treating serious illnesses, such as happiness in the years to come. cases of spina bifida that could have been amyotrophic lateral sclerosis (ALS), mul- averted had the FDA not delayed for years in tiple sclerosis and cancer. For these individ- f permitting health claims to be made about uals, the real risk is not that we will act in FDA PERFORMANCE the benefits of folic acid in preventing such haste, but rather that we will fail to act at ACCOUNTABILITY ACT neural tube disorders. all. As the 1989 ‘‘Edwards Commission’’ report Barbara Mikulski is a Democratic senator Mr. GRASSLEY. Mr. President, we put it: ‘‘The agency should be guided by the from Maryland. Nancy Kassebaum is a Re- have accomplished many things this principle that expeditious approval of useful publican senator from Kansas.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9551 RETIREMENT OF COL. JOHN R. curred at the Olympic Games in At- THE VERY BAD DEBT BOXSCORE BOURGEOIS, USMC lanta during a table tennis champion- Mr. HELMS. Mr. President, at the Mr. NUNN. Mr. President, I would ship between Taiwan and the People’s close of business yesterday, Thursday, like to take a few moments to ac- Republic of China. During the game, August 1, the Federal debt stood at knowledge the ‘‘passing of a baton’’ two Taiwanese students waving the na- $5,183,636,383,503.29. both in the literal and figurative sense. tional flags of Taiwan were arrested Five years ago, August 1, 1991, the On July 11, 1996, Col. John R. Bour- under the premise that they could not Federal debt stood at geois, the 25th director of the U.S. Ma- wave large flags, yet all around them $3,577,200,446,910.06, hence an increase of rine Band and Music Advisor to the large flags from other countries were more than $1.6 trillion dollars— White House, retired. He had led the in fact being waved by a multitude of $1,606,435,936,593.23 to be exact—in the band, known as the President’s Own, those present at the event. past 5 years. for 17 years. Mr. President, to understand the f A native of Louisiana, Colonel Bour- deep significance of this event is to SUSAN COHEN—THE TIRELESS geois joined the Marine Corps in 1956 know that the contentions over flags PURSUIT OF JUSTICE and joined the band just 2 years later and other items of national emblems as a French horn player. When he was Mr. KENNEDY. Mr. President, on and insignia is one of the issues that Monday, August 5, a distinguished appointed to his present grade, he be- has long obstructed an amiable rela- came the first musician in the Marine American named Susan Cohen will be tionship between the People’s Republic present in the White House when Presi- Corps to serve in every rank from pri- of China and Taiwan. This history is vate to colonel. dent Clinton signs H.R. 3107, the Iran extensive and, frankly, humiliating to and Libya Sanctions Act of 1996. Susan As director of the Marine Band and Taiwan, which has not always been af- Music Advisor to the White House, Cohen eminently deserves this honor. forded the full privileges of national Colonel Bourgeois has selected the She was a dedicated and tireless leader pride at events where both the Peoples’ music for each Presidential inaugura- in the effort to enact this legislation. Republic of China and Taiwan have tion since 1981 and has appeared at the Susan Cohen, of Cape May Court been represented. White House more frequently than any House, NJ, is the mother of Theodora other musician. Again, at these Olympic Games in Cohen—a victim of Pan Am Flight 103. I am sure that those of my colleagues Atlanta, Taiwan was subject to not dis- Since the bombing of that flight over who have enjoyed the band’s incredible playing their recognized flag and sub- Lockerbie, Scotland in December 1988, performances at the evening parades or jecting their representatives to wear- Susan and her husband, Dan, have dedi- in other venues are not surprised that ing other colors and design. While the cated their lives to bringing to justice Colonel Bourgeois and the Marine Band Taiwan Government recognized the those responsible for their daughter’s death. In recent months, Susan has remain the favorite of Presidents year need for its official representatives to been extremely effective in her efforts after year. abide by an arrangement with the to educate Members of Congress about When he retired, Colonel Bourgeois Olympic Committee, Taiwanese fans the importance of applying this legisla- literally passed the baton—a baton were not subject to such agreements. tion to Libya, which continues to har- that had been given to another director Nor should they have been. I believe bor the two suspects indicted in the of the Marine Band, John Philip Sousa, the United States would have been fu- over a century ago—to Maj. Timothy bombing. rious if its citizens were asked to not All of us who know Susan Cohen ad- W. Foley, who has been nominated to display the Stars and Stripes or sub- mire her inspiring devotion to justice. become the next director. stitute the flag for another emblem Her efforts have brought us closer to The particular connection between under which to cheer their teams. Yet, the goal. I commend her for her leader- the military profession and its rousing in Atlanta, the Taiwanese citizens were ship, and I ask unanimous consent that music has transcended the years and arrested for ‘‘disruption of public order a recent New York Times article may national borders. It is as much a part by waving the flag of the National Re- be printed in the RECORD. of history as military service itself. public of China (Taiwan).’’ Mr. Hsu, a There being no objection, the article As Colonel Bourgeois retires from ac- citizen of the Peoples’ Republic of was ordered to be printed in the tive duty after a distinguished career China and chairman of the Inter- RECORD, as follows: of service to the Marine Corps and his national Table Tennis Association, ad- [From the New York Times, July 24, 1996] country, I know all of my colleagues mits to calling on the police to arrest TIME PASSES, BUT THE PAIN NEVER FADES join me in expressing our deepest ap- the students. preciation for the passion and profes- (By Evelyn Nieves) sionalism he has brought to his duties, I am concerned that the Atlanta Po- Susan Cohen watched the mourners toss single roses into the sea, heard a reporter and the joy and pride he has brought to lice Department was answering to a citizen of the Peoples’ Republic of talk about ‘‘a sense of closure,’’ and turned so many Americans. off her television, shuddering with sadness China in conducting arrests of individ- f and disgust. uals in America. Additionally, the Of all the hard times in the week since TAIWAN STUDENTS AND FREE question of subjecting citizens from T.W.A. Flight 800 blew up, seeing Monday’s EXPRESSION countries to all of the agreements that seaside memorial to the 230 victims had to be one of the worst. ‘‘I couldn’t stand to watch Mr. REID. Mr. President, in our Na- the formal representatives may agree to is also a disturbing precedent. I be- those people,’’ she said. ‘‘It was just too tion we take for granted the ability to much. And to hear the talk about closure speak freely and express what we lieve the International Olympic Com- just made me want to throw up.’’ please with no governmental inter- mittee should carefully examine these The next day, her emotions were still raw. ference. There are a number of cele- circumstances, particularly since we in ‘‘All these homilies about loved ones going brated legal cases that delineate the the United States fundamentally be- to a better place. I just hate that,’’ she said. standard of time and manner regula- lieve in more expression rather than ‘‘The politician said eight million meaning- less. Oliver Wendell Holmes once pro- less things. As if that could help. As if any of tion of speech in America and other se- that could help.’’ lect limitations. Moreover, here in nounced a need for great protection of It is going on eight years since Mrs. Cohen America we don’t believe that expres- the ‘‘marketplace of ideas.’’ We should and her husband, Daniel, lost their only sion is allowed for one group and not do no less for the expression of na- child, Theodora, 20, to the terrorist bombing for comparable organizations. Such tional pride. We should not be party to of Pan Am Flight 103 over Lockerbie, Scot- designated permission is paramount to restricting some individuals for waving land, which killed 270 people. ‘‘The pain will censorship of the party denied their flags when the premise of the Olympic not go away,’’ Mrs. Cohen said. ‘‘It will never go away.’’ speech. Games is the competition of athletes Theodora—Theo to all she knew—was a In this regard, I voice my concern representing their nations. I urge an singer and aspiring actress. ‘‘She had a beau- today about an incident that has been examination of the facts of this situa- tiful soprano voice,’’ Mrs. Cohen said. ‘‘She reported about an incident that oc- tion by the proper authorities. was vibrant and artistic.’’

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9552 CONGRESSIONAL RECORD — SENATE August 2, 1996 She was on her way home from London, tribute to Michael Rhode, Jr., of South in the fall on another piece of legisla- where she had spent a semester studying Carolina. tion that Senator KASSEBAUM has drama. A plastic explosive, hidden in a port- Mike Rhode died after a brave bout worked on for some time—S. 1477, the able radio in the cargo hold ripped the jet with cancer in May, only too briefly apart and all 259 people aboard, and 11 people Food and Drug Administration Per- on the ground, were killed. after he retired from his position as formance and Accountability Act. ‘‘I feel such a rage of anger that you can- Secretary of the Panama Canal Com- Negotiations to bring all sides to- not imagine,’’ Mrs. Cohen said, ‘‘Because mission. I only recently learned of gether on FDA reform have been ongo- Theo’s murderers are out there. No one has Mike’s death. ing throughout the 104th Congress and been punished. I looked at Fred Goldman in I first met Mike when he served as the Labor and Human Resources com- that ghastly O.J. trial and knew what he was Chief of the Army’s Senate Legislative mittee has reported out S. 1477 with going through for his son.’’ When she talks, the words spill out in co- Liaison Office in the early 1970’s when overwhelming bipartisan support. herent sentences, as if she has thought them I was a newly elected Member of the Since that action, it is my under- a million times. U.S. Senate. Mike, who had combat ex- standing that some very serious discus- The Cohens have spent countless hours perience in Korea and Vietnam, lit- sions have been underway to resolve since the death of their daughter in pursuit erally took me under his wing and outstanding issues and that we are of answers, and justice. Two Libyan Govern- played a major role in my education ment agents indicted for the bombing re- very close to reaching final agreement main in Libya, free. Over the last several about the capabilities of the U.S. Army on compromise legislation. I am en- months, Mrs. Cohen has spent six or seven and the other services. He accompanied couraged by these continued discus- hours a day on the phone, lobbying Congress me on my official travels, particularly sions so that this bill can be passed in to pass sanctions against foreign oil compa- to the territory of our NATO allies. a bipartisan manner when the Congress nies doing business in Iran and Libya. Yes- Mike was extremely knowledgeable returns. terday, it passed the House. ‘‘Because a about NATO and my first-ever report Mr. President, it is also my under- plane blew up, not because of anything that to the Armed Services Committee on standing that the leadership in the I’ve done,’’ she said, ‘‘Is that what has to happen for justice? A bombing?’’ NATO specifically cited Mike’s invalu- House of Representatives is also close Even the prospect of tough sanctions does able assistance and expertise on NATO to reaching agreement on its FDA leg- not make her happy. Getting the bill passed matters. islation. Working together, I am con- was just the first step, she said. Now, ‘‘the I continued my association with fident the House and the Senate can fight is to see it’s enforced.’’ Mike when, upon his retirement from agree on bipartisan legislation that the She has worked on fighting Congress with the Army after 26 years of dedicated President can be enthusiastic about a few other people who lost relatives to the service to our Nation, he became the Pan Am 103 bombing, but not many. Over the signing. years, Pan Am 103 families, who won a civil Secretary of the Panama Canal Com- I urge my colleagues to work with suit against Pan Am, have argued bitterly mission in 1980. Mike was extraor- Senator KASSEBAUM to complete this over how best to pursue justice. ‘‘There are dinarily helpful to me and the other important legislation to modernize the now four groups of Pan Am families,’’ Ms. members of the Armed Services Com- FDA, to streamline the approval proc- Cohen said. mittee as Secretary of the Commis- ess, and to bring breakthrough medica- ‘‘We’ve all fought horribly. I look at the sion. He had that unique ability to ex- tions to patients, all while maintaining pictures today of families locked shoulder to shoulder on the beach. We started together, plain proposed legislation and to sug- the highest levels of safety for con- too. But the idea that everybody gets to- gest ways in which the laws governing sumers. gether as one big unhappy family is one of the operation and maintenance of the Mr. President, a remarkable amount the myths of these tragedies.’’ Panama Canal could be modified over of business has been accomplished in Another great myth: ‘‘The Getting On with the years to ease the transition to Pan- the past few weeks in the Senate on a Your Life story,’’ Mrs. Cohen said. ‘‘The idea amanian control by the year 2000. bipartisan manner. It is my hope we that you can move beyond the tragedy In looking back over my associa- can add FDA reform to the list. makes me want to vomit. The year is cir- cular. Theo’s birthday is coming up Sept. tion—and my friendship—with Mike f over the years, I am most struck by his 10.’’ MESSAGES FROM THE PRESIDENT When her daughter died, Mrs. Cohen, a dedication to duty and his warm and writer like her husband, stopped writing. For gregarious personality. He always had Messages from the President of the months, years it seemed, she stopped doing a warm smile and time to spare to an- United States were communicated to much of anything. Days passed in bed, swer any question. Shortly before he the Senate by Mr. Williams, one of his months in a blur. Four years ago, the Cohens retired from the Panama Canal Com- secretaries. moved from Port Jervis, N.Y., where they raised their daughter, to Cape May County mission, Mike came by my office for a EXECUTIVE MESSAGES REFERRED in New Jersey. ‘‘I couldn’t stand that house purely social call. We reminisced about As in executive session the Presiding any more.’’ Mrs. Cohen said. ‘‘I couldn’t take old times and talked about the future Officer laid before the Senate messages the memories any more. that awaited both of us in private life. from the President of the United Though it doesn’t really help, she knows Mike had been in poor health but was States submitting two treaties and she is not alone. One woman she knows who confident that he would lick this sundry nominations which were re- lost her 20-year-old son to Pan Am 103 visits his grave every day, sometimes twice a day. health problem as he had all other ferred to the appropriate committees. Another who lost her husband ‘‘has been just challenges in the past. My most vivid (The nominations received today are as devastated by his loss as I am by my memory of our last meeting was his printed at the end of the Senate pro- daughter’s,’’ Ms. Cohen said. ‘‘It takes a broad smile and his plans for retire- ceedings.) great poet to describe this. It takes genius to ment with his wife Lin and spending f be able to describe the depths of pain, and time with his daughter, Pamela Lister, MESSAGES FROM THE HOUSE I’m not a great poet or a genius.’’ and two sons, Michael and Randy. The Cohens live with a dog and three cats At 10:32 a.m., a message from the in a ranch house with bird feeders hanging in Mr. President, Mike Rhode was a val- the backyard. Mrs. Cohen belongs to a P.G. ued friend and a dedicated and talented House of Representatives, delivered by Wodehouse society, a Sherlock Holmes read- public servant. He will be sorely Ms. Goetz, one of its reading clerks, an- ing group and goes birding near home. They missed. nounced that the House agrees to the happen to live in one of the world’s best f amendment of the Senate to the bill venues for bird-watching. (H.R. 782) to amend title 18 of the ‘‘It’s not like I’m living here and can’t get FDA REFORM United States Code to allow members out of bed,’’ Ms. Cohen said. ‘‘I’m living. But Mr. LOTT. Mr. President, I rise today of employee associations to represent there’s an enormous hole, a hole so huge it’s the size of the Grand Canyon. It’s never the to once again commend the distin- their views before the U.S. Govern- same. It can never be the same.’’ guished Senator from Kansas, Senator ment. KASSEBAUM, on her remarkable leader- The message also announced that the f ship on the health insurance reform House agrees to the report of the com- TRIBUTE TO MICHAEL RHODE, JR. bill. In addition to completing action mittee of conference on the disagreeing Mr. NUNN. Mr. President, I rise of this important legislation, it is my votes of the two Houses on the amend- today to note the passing of and to pay hope and intention to complete action ment of the Senate to the bill (H.R.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9553 3103) to amend the Internal Revenue on the disagreeing votes of the two ENROLLED BILL SIGNED Code of 1986 to improve portability and Houses on the amendments of the Sen- The message also announced that the continuity of health insurance cov- ate to the bill (H.R. 3448) to provide tax Speaker has signed the following en- erage in the group and individual mar- relief for small businesses, to protect rolled bill: kets, to combat waste, fraud, and abuse jobs, to create opportunities, to in- H.R. 3603. An act making appropriations in health insurance and health care de- crease the take home pay of workers, for Agriculture, Rural Development, Food livery, to promote the use of medical to amend the Portal-to-Portal Act of and Drug Administration, and Related Agen- savings accounts, to improve access to 1947 relating to the payment of wages cies programs for the fiscal year ending Sep- tember 30, 1997, and for other purposes. long-term care services and coverage to employees who use employer owned The enrolled bill was signed subse- to simplify the administration of vehicles, and to amend the Fair Labor quently by the President pro tempore health insurance, and for other pur- Standards Act of 1938 to increase the [Mr. THURMOND]. poses. minimum wage rate and to prevent job The message further announced that loss by providing flexibility to employ- At 7:41 p.m., a message from the the House agrees to the report of the ers in complying with minimum wage House of Representatives, delivered by committee of conference on the dis- and overtime requirements under that Mr. Hays, one of its reading clerks, an- agreeing votes of the two Houses on act. nounced that the Speaker has signed the amendments of the Senate to the the following enrolled bills: At 2:28 p.m., a message from the bill (H.R. 3230) to authorize appropria- H.R. 782 an act to amend title 18 of the tions for fiscal year 1997 for military House of Representatives, delivered by United States Code to allow members of em- activities of the Department of De- Mr. Hays, one of its reading clerks, an- ployee associations to represent their views fense, for military construction, and nounced that the House agrees to the before the United States Government. for defense activities of the Depart- report of the committee of conference S. 1316. An act to reauthorize and amend title XIV of the Public Health Service Act ment of Energy, to prescribe personnel on the disagreeing votes of the two Houses on the amendment of the House (commonly known as the ‘‘Safe Drinking strengths for such fiscal year for the Water Act’’), and for other purposes. Armed Forces, and for other purposes. the bill (S. 1316) to reauthorize and amend title XIV of the Public Health The enrolled bills were signed subse- The message also announced that the quently by the President pro tempore House agrees to the report of the com- Service Act (commonly known as the ‘‘Safe Drinking Water Act’’), and for [Mr. THURMOND]. mittee of conference on the disagreeing The message also announced that the other purposes. votes of the two Houses on the amend- House has passed the following bills, in ments of the Senate to the bill (H.R. At 5:15 p.m., a message from the which it requests the concurrence of 3517) making appropriations for mili- House of Representatives, delivered by the Senate: tary construction, family housing, and Ms. Goetz, one of its reading clerks, an- H.R. 3560. An act to designate the Federal based realignment and closure for the nounced that the House agrees to the building located at 290 Broadway in New Department of Defense for the fiscal following concurrent resolution, in York, New York, as the ‘‘Ronald H. Brown year ending September 30, 1997, and for Federal Building.’’ which it requests the concurrence of other purposes. H.R. 3710. An act to designate the United the Senate: The message further announced that States courthouse under construction at 611 the House agrees to the report of the H. Con. Res. 268. Concurrent resolution to North Florida Avenue in Tampa, Florida, as amend the Internal Revenue Code of 1986 to the ‘‘Sam M. Gibbons United States Court- committee of conference on the dis- improve portability and continuity of health house.’’ agreeing votes of the two Houses on insurance coverage in the group and indi- The message further announced that the amendments of the Senate to the vidual markets, to combat waste, fraud, and the House has agreed to the following bill (H.R. 3845) making appropriations abuse in health insurance and health care de- concurrent resolution: for the government of the District of livery, to promote the use of medical savings Columbia and other activities charge- accounts, to improve access to long-term H. Con. Res. 207. Concurrent resolution ap- care services and coverage, to simplify the proving certain regulations to implement able in whole or in part against the provisions of the Congressional Account- revenues of said District for the fiscal administration of health insurance, and for other purposes. ability Act of 1995 relating to labor-manage- year ending September 30, 1997, and for ment relations with respect to covered em- other purposes. At 6:50 p.m., a message from the ployees, other than employees of the House House of Representatives, delivered by of Representatives and employees of the Sen- At noon, a message from the House of Mr. Hays, one of its reading clerks, an- ate, and for other purposes. Representatives, delivered by Mr. nounced that the House has passed the f Hays, one of its reading clerks, an- following bill, in which it requests the MEASURES REFERRED nounced that the House has passed the concurrence of the Senate: following bills, in which it requests the The following bills were read the first H.R. 3953. An act to combat terrorism. concurrence of the Senate: and second times by unanimous con- The message also announced that the H.R. 123. An act to amend title 4, United sent and referred as indicated: States Code, to declare English as the offi- House has agreed to the following con- H.R. 123. An act to amend title 4, United cial language of the Government of the current resolutions, without amend- States Code, to declare English as the offi- United States. ment: cial language of the Government of the H.R. 2670. An act to provide for the release S. Con. Res. 47. Concurrent resolution to United States; to Committee on the Judici- of the reversionary interest held by the provide for a Joint Congressional Committee ary. United States in certain property located in on Inaugural Ceremonies. H.R. 2670. An act to provide for the release the County of Iosco, Michigan. S. Con. Res. 48. Concurrent resolution au- of the reversionary interest held by the H.R. 3387. An act to designate the Southern thorizing the rotunda of the United States United States in certain property located in Piedmont Conservation Research Center lo- Capitol to be used on January 20, 1997, in the County of Iosco, Michigan; to the Com- cated at 1420 Experimental Station Road in connection with the proceedings and cere- mittee on Agriculture, Nutrition, and For- Watkinsville, Georgia, as the ‘‘J. Phil Camp- monies for the inauguration of the Presi- estry. H.R. 3387. An act to designate the Southern bell, Senior Natural Resource Conservation dent-elect and the Vice-President-elect of Piedmont Conservation Research Center lo- Center.’’ the United States. H.R. 3464. An act to make a minor adjust- cated at 1420 Experimental Station Road in The message further announced that Watkinsville, Georgia, as the ‘‘J. Phil Camp- ment in the exterior boundary of the Devils the House agrees to the amendments of Backbone Wilderness in the Mark Twain Na- bell, Senior Natural Resource Conservation tional Forest, Missouri, to exclude a small the Senate to the bill (H.R. 2739) to Center’’; to the Committee on Agriculture, parcel of land containing improvements. provide for a representational allow- Nutrition And Forestry. ance for Members of the House of Rep- H.R. 3464. An act to make a minor adjust- At 12:34 p.m., a message from the resentatives, to make technical and ment in the exterior boundary of the Devils Backbone Wilderness in the Mark Twain Na- House of Representatives, delivered by conforming changes to sundry provi- tional Forest, Missouri, to exclude a small Ms. Goetz, one of its reading clerks, an- sions of law in consequence of adminis- parcel of land containing improvements; to nounced that the House agrees to the trative reforms in the House of Rep- the Committee on Energy and Natural Re- report of the committee of conference resentatives, and for other purposes. sources.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9554 CONGRESSIONAL RECORD — SENATE August 2, 1996 H.R. 3560. An act to designate the Federal of Chelan County, Washington, and for other By Mr. LOTT (for himself and Mr. building located at 290 Broadway in New purposes; to the Committee on Energy and EXON): York, New York, as the ‘‘Ronald H. Brown Natural Resources. S. 2030. A bill to establish nationally uni- Federal Building’’; to the Committee on En- S. 2018. A bill to approve a settlement form requirements regarding the titling and vironment and Public Works. agreement between the Bureau of Reclama- registration of salvage, nonrepairable, and H.R. 3710. An act to designate the United tion and the Oroville-Tonasket Irrigation rebuilt vehicles, and for other purposes; to States courthouse under construction at 611 District; to the Committee on Energy and the Committee on Commerce, Science, and North Florida Avenue in Tampa, Florida, as Natural Resources. Transportation. the ‘‘Sam M. Gibbons United States Court- By Mr. CRAIG (for himself, Mr. SIMON, By Mr. DOMENICI (for himself, Mr. house’’; to the Committee on Environment Mr. THOMAS, Mr. REID, Mr. GRAHAM, WELLSTONE, Mr. SIMPSON, Mr. and Public Works. Mr. AKAKA, and Mr. COHEN): CONRAD, Mr. WARNER, Mr. SPECTER, S. 2019. A bill to provide for referenda to The following concurrent resolution Mr. REID, Mr. DODD, Mr. GRASSLEY, resolve the political status of Puerto Rico, Mrs. KASSEBAUM, Mr. KENNEDY, Mr. was read and referred as indicated: and for other purposes; to the Committee on BURNS, Mr. HARKIN, Mr. CHAFEE, and H. Con. Res. 207. Concurrent resolution ap- Energy and Natural Resources. Mr. MOYNIHAN): proving certain regulations to implement By Mr. GRASSLEY (for himself and S. 2031. A bill to provide health plan pro- provisions of the Congressional Account- Mr. HARKIN): tections for individuals with a mental ill- ability Act of 1995 relating to labor-manage- S. 2020. A bill to establish America’s Agri- ness; to the Committee on Labor and Human ment relations with respect to covered em- cultural Heritage Partnership in Iowa, and Resources. ployees, other than employees of the House for other purposes; to the Committee on En- By Mr. KERRY (for himself and Mr. of Representatives and employees of the Sen- ergy and Natural Resources. KENNEDY): ate, and for other purposes; to the Com- By Mrs. FEINSTEIN (for herself and S. 2032. A bill to designate a portion of the mittee on Rules and Administration. Mrs. BOXER): Sudbury, Assabet, and Concord Rivers as a S. 2021. A bill to suspend temporarily the component of the National Wild and Scenic The following bill, previously re- duty on certain chemicals used in the formu- ceived from the House of Representa- Rivers System; to the Committee on Energy lation of an HIV Protease Inhibitor; to the and Natural Resources. tives for the concurrence of the Senate, Committee on Finance. By Mr. JOHNSTON: was read the first and second time by By Mr. THURMOND (for himself, Mr. S. 2033. A bill to repeal requirements for unanimous consent and referred as in- FAIRCLOTH, Mr. HOLLINGS, Mr. COATS, unnecessary or obsolete reports from the De- dicated: and Mr. HELMS): partment of Energy, and for other purposes; S. 2022. A bill to amend title 23, United to the Committee on Energy and Natural Re- H.R. 3735. An act to amend the Foreign As- States Code, to modify the minimum alloca- sistance Act of 1961 to reauthorize the devel- sources. tion formula under the Federal-aid highway By Mr. BREAUX (for himself, Mr. opment fund for Africa under chapter 10 of program, to provide reimbursement to each MACK, Mr. GRAHAM, and Mr. COHEN): part I of that Act; to the Committee on For- State with respect to which the highway eign Relations. S. 2034. A bill to amend title XVIII of the users in the State paid into the Highway Social Security Act to make certain changes f Trust Fund an amount in excess of the to hospice care under the Medicare program; amount received by the State from the High- MEASURES PLACED ON THE to the Committee on Finance. way Trust Fund, and for other purposes; to By Mr. BIDEN: CALENDAR the Committee on Environment and Public S. 2035. A bill to invest in the future Amer- The following measure was ordered Works. ican workforce and to ensure that all Ameri- By Mr. REID: cans have access to higher education by pro- placed on the calendar. S. 2023. A bill to provide for travelers’ viding tax relief for investment in a college S. 1965. An act to prevent the illegal manu- rights in air commerce, and for other pur- education and by encouraging savings for facturing and use of methamphetamine. poses; to the Committee on Commerce, college costs, and for other purposes; to the Science, and Transportation. f Committee on Finance. By Ms. SNOWE (for herself and Mrs. By Mr. DORGAN (for himself, Mr. BAU- MEASURE READ THE FIRST TIME FEINSTEIN): S. 2024. A bill to amend the Public Health CUS, Mrs. MURRAY, Mr. WELLSTONE, The following bill was read the first Service Act to provide a one-stop shopping Mr. CONRAD, Mr. WYDEN, and Mr. time: information service for individuals with seri- DASCHLE): S. 2036. A bill to amend the Agricultural H.R. 3953. An act to combat terrorism. ous or life-threatening diseases; to the Com- mittee on Labor and Human Resources. Market Transition Act to provide equitable f By Mr. FEINGOLD: treatment for barley producers so that 1996 contract payments to the producers are not REPORTS OF COMMITTEES S. 2025. A bill to amend the Communica- tions Act of 1934 to authorize the States to reduced to a greater extent than the average The following reports of committees regulate interference with radio frequencies; percentage reduction in contract payments were submitted: to the Committee on Commerce, Science, for other commodities, while maintaining the level of contract payments for other By Mr. MCCAIN, from the Committee on and Transportation. commodities, and for other purposes; to the Indian Affairs, without amendment: By Mr. FAIRCLOTH (for himself, Mrs. Committee on Agriculture, Nutrition, and S. 1970. A bill to amend the National Mu- KASSEBAUM, Mr. COATS, Mr. Forestry. seum of the American Indian Act to make ASHCROFT, Mr. DEWINE, Mr. FRIST, By Mr. LAUTENBERG: improvements in the Act, and for other pur- and Mr. GORTON): S. 2037. A bill to provide for aviation secu- poses (Rept. No. 104–350). S. 2026. A bill to amend the Fair Labor rity, and for other purposes; to the Com- By Mr. STEVENS, from the Committee on Standards Act of 1938 to make uniform the mittee on Commerce, Science, and Transpor- Governmental Affairs, without amendment: application of the overtime exemption for in- tation. H.R. 1271. A bill to provide protection for side sales personnel, and for other purposes; By Mr. DASCHLE (for himself and Mr. family privacy (Rept. No. 104–351). to the Committee on Labor and Human Re- sources. PRESSLER): By Mr. HATCH, from the Committee on S. 2038. A bill to authorize the construction the Judiciary, with an amendment in the na- By Mr. LAUTENBERG: S. 2027. A bill to provide for a 5-year exten- of the Fall River Water Users District Rural ture of a substitute. sion of Hazardous Substance Superfund, and Water System and authorize the appropria- S. 982. A bill to protect the national infor- for other purposes; to the Committee on Fi- tion of Federal dollars to assist the Fall mation infrastructure, and for other pur- nance. River Water Users District, a nonprofit cor- poses. By Mr. LAUTENBERG (for himself, poration, in the planning and construction of f Mr. BAUCUS, Mr. REID, Mr. GRAHAM, the water supply system, and for other pur- and Mr. MOYNIHAN): poses; to the Committee on Energy and Nat- INTRODUCTION OF BILLS AND S. 2028. A bill to assist the States and local ural Resources. JOINT RESOLUTIONS governments in assessing and remediating S. 2039. A bill to authorize the construction The following bills and joint resolu- brownfields and encouraging environmental of the Perkins County Rural Water System tions were introduced, read the first cleanup programs, and for other purposes; to and authorize the appropriation of Federal dollars to assist the Perkins County Rural and second time by unanimous con- the Committee on Environment and Public Works. Water System, Inc,. a nonprofit corporation, sent, and referred as indicated: By Mr. WYDEN (for himself and Mr. in the planning and construction of the By Mr. GORTON: D’AMATO): water supply system, and for other purposes; S. 2017. A bill to authorize the Secretary of S. 2029. A bill to make permanent certain to the Committee on Energy and Natural Re- Agriculture to exchange certain lands in the authority relating to self-employment as- sources. Wenatchee National Forest, Washington, for sistance programs; to the Committee on Fi- By Mr. HATCH (for himself and Mrs. certain lands owned by Public District No. 1 nance. HUTCHISON):

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9555 S. 2040. A bill to amend the Controlled Sub- S. Con. Res. 69. A concurrent resolution ex- the project. The irrigation district will stances Act to provide a penalty for the use pressing the sense of the Congress that the make a cash payment of $350,000 to the of a controlled substance with the intent to German Government should investigate and United States—a condition that has al- rape, and for other purposes; to the Com- prosecute Dr. Hans Joachim Sewering for his ready been met. The irrigation district mittee on the Judiciary. war crimes of euthanasia committed during By Mr. D’AMATO (for himself, Mr. World War II; to the Committee on Foreign will release the United States from its MOYNIHAN, and Mr. FAIRCLOTH): Relations. obligation to remove existing dilapi- S. 2041. A bill to amend the Marine Protec- By Mr. MURKOWSKI: dated facilities—cost estimated at tion, Research, and Sanctuaries Act of 1972 S. Con. Res. 70. A concurrent resolution di- $150,000 in 1978. The district will also be with respect to the dumping of dredged ma- recting the Clerk of the House of Representa- solely responsible for the operations terial in Long Island Sound, and for other tives to make technical corrections in the and maintenance of the project, and purposes; to the Committee on Environment enrollment of H.R. 1975; considered and will agree to continue to deliver water and Public Works. agreed to. to and provide for O&M of the wildlife By Mr. MACK (for himself, Mr. BOND, f Mr. D’AMATO, and Mr. BENNETT): Mitigation facilities at its own ex- S. 2042. A bill to reform the multifamily STATEMENTS ON INTRODUCED pense. rental assisted housing programs of the Fed- BILLS AND JOINT RESOLUTIONS The legislation directs the BOR to re- eral Government, maintain the affordability lease and discharge the irrigation dis- By Mr. GORTON: and availability of low-income housing, and trict’s construction charge obligation S. 2017. A bill to authorize the Sec- for other purposes; to the Committee on under the 1979 repayment contract— retary of Agriculture to exchange cer- Banking, Housing, and Urban Affairs. present value estimated at $4.2 million. tain lands in the Wenatchee National By Mr. KERRY: Within 180 days of the date of enact- S. 2043. A bill to require the implementa- Forest, Washington, for certain lands ment, the BOR will transfer the title of tion of a corrective action plan in States in owned by Public District No. 1 of Che- the irrigation works to district at no which child poverty has increased; to the lan County, Washington, and for other additional cost to the district. The Committee on Finance. purposes; to the Committee on Energy By Mr. SANTORUM: BOR will continue to provide power and Natural Resources. S. 2044. A bill to provide for modification of and energy for water pumping for the the State agreement under title II of the So- LAND EXCHANGE LEGISLATION project for a period of 50 years—start- cial Security Act with the State of Pennsyl- Mr. GORTON. Mr. President, today I ing October 1990—as provided for in the vania with respect to certain students; to introduce legislation to authorize a irrigation discount provision in the the Committee on Finance. land exchange between the Chelan By Mr. HATFIELD: Northwest Power Act. At the end of S. 2045. A bill to provide regulatory relief County PUD, in Washington State and that 50 year period, the irrigation dis- for small business concerns, and for other the U.S. Forest Service. The land ex- trict will have to purchase its power at purposes; to the Committee on Small Busi- change legislation will consolidate nonirrigation discount rates. ness. land for a wastewater treatment facil- Mr. President, this legislation will By Mr. ROCKEFELLER: ity onto Chelan County PUD land. Che- resolve a long standing dispute be- S. 2046. A bill to amend section 29 of the In- lan PUD would in turn own and operate ternal Revenue Code of 1986 to allow a credit tween the irrigation district and the the wastewater treatment facility, Bureau of Reclamation that will save for qualified fuels produced from wells which serves both the Forest Service drilled during 1997, and for other purposes; to the taxpayers the expense of financing the Committee on Finance. and some of the local community. a long, drawn out court fight. I will By Mr. HATCH (for himself, Mr. The legislation was carefully nego- work with my colleagues on the En- CONRAD, Mr. PRESSLER, Mr. PRYOR, tiated between the Forest Service and ergy and Natural Resources Committee Mr. NICKLES, and Mr. BAUCUS): the Chelan County PUD. The Forest to see that this legislation is enacted S. 2047. A bill to amend the Internal Rev- Service supports the legislation, and I this year. enue Code of 1986 to modify the application hope that the legislation can be en- of the pension nondiscrimination rules to acted this year. By Mr. CRAIG (for himself, Mr. governmental plans; to the Committee on SIMON, Mr. THOMAS, Mr. REID, Finance. By Mr. GORTON: By Mr. MOYNIHAN (for himself, Mr. Mr. GRAHAM, Mr. AKAKA, and S. 2018. A bill to approve a settlement D’AMATO, and Mr. DODD): Mr. COHEN): S. 2048. A bill to amend section 552 of title agreement between the Bureau of Rec- S. 2019. A bill to provide for referenda 5, United States Code, (commonly referred to lamation and the Oroville-Tonasket Ir- to resolve the political status of Puerto as the Freedom of Information Act), to pro- rigation District; to the Committee on Rico, and for other purposes; to the vide for disclosure of information relating to Energy and Natural Resources. Committee on Energy and Natural Re- individuals who committed Nazi war crimes, SETTLEMENT LEGISLATION sources. and for other purposes; to the Committee on the Judiciary. Mr. GORTON. Mr. President, today I PUERTO RICO LEGISLATION By Mr. AKAKA (for himself and Mr. introduce legislation that will author- Mr. CRAIG. Mr. President, today I INOUYE): ize settlement between the Bureau of am introducing legislation which S.J. Res. 59. A joint resolution to consent Reclamation and the Oroville- would establish a congressionally rec- to certain amendments enacted by the Legis- Tonasket Irrigation District in Wash- ognized self-determination process to lature of the state of Hawaii to the Hawaiian ington state. Congressman DOC resolve the political status of Puerto Homes Commission Act, 1920; to the Com- HASTINGS has introduced identical leg- Rico. This proposal is made in light of mittee on Energy and Natural Resources. islation on this subject in the House of the formal request of the Legislature of f Representatives. Puerto Rico, expressly directed to the SUBMISSION OF CONCURRENT AND This legislation will authorize a care- 104th Congress, for a response to the SENATE RESOLUTIONS fully negotiated settlement between 1993 plebiscite on Puerto Rico’s future The following concurrent resolutions the BOR and the Oroville-Tonasketi Ir- political status conducted under local and Senate resolutions were read, and rigation District. If enacted, this legis- law. referred (or acted upon), as indicated: lation will save the BOR, and therefore Puerto Rico Legislature Resolution the Nation’s taxpayers, money that 62, adopted by the elected representa- By Mr. LOTT (for himself and Mr. DASCHLE): would otherwise be spent fighting with tives of the residents of Puerto Rico on S. Res. 287. A resolution to authorize the the irrigation district in court. Briefly, November 14, 1994, specifically calls production of records by the Permanent Sub- the legislation directs the irrigation upon this Congress to state the ‘‘spe- committee on Investigations; considered and district to release and discharge all cific alternatives that it is willing to agreed to. past and future claims against the consider, and the measures it rec- By Mr. WELLSTONE (for himself, Mr. United States associated with the ommends the people of Puerto Rico KENNEDY, and Mr. WYDEN): project—such claims are estimated at should take as part of the process to S. Con. Res. 68. A concurrent resolution to correct the enrollment of H.R. 3103; consid- $4.5 million. The irrigation district will solve the problem of their political sta- ered and agreed to. assume full responsibility to indemnify tus.’’ Even though time is running out By Mr. SANTORUM (for himself and and defend the United States against on the 104th Congress, this Senator be- Mrs. FEINSTEIN): any third-party claims associated with lieves it would be wrong to adjourn

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9556 CONGRESSIONAL RECORD — SENATE August 2, 1996 later this year without introducing in Charter, Puerto Rico remains an unin- under a so-called bilateral pact, and the Senate a proposal which addresses corporated territory under the U.S. other features more consistent with the manner in which Puerto Rico’s sta- constitutional process. In 1956, 4 years independence than territorial status. tus can be resolved consistent with after the commonwealth structure for Independence received 4 percent voter both self-determination and the na- local self-government was established, approval. The combined vote for the tional interest. the U.S. Supreme Court recognized in have it both ways definition of com- The solution to Puerto Rico’s status Reid v. Covert (354 U.S. 1), that the sta- monwealth and independence was 52 cannot be one which imposes a result tus of all such unincorporated terri- percent, but the combined vote for on the residents of Puerto Rico or on tories, results from the exercise of the statehood and commonwealth as op- the United States. The process we are territorial clause authority and tions which involved guaranteed per- proposing recognizes the right of self- ‘‘. . . the power of Congress to provide manent union and U.S. citizenship was determination on both sides of the re- rules and regulations to govern tempo- over 95 percent. lationship. Let me explain why my col- rarily territories with wholly dissimilar I doubt that the 103d Congress would leagues should support the bill I am of- traditions and institutions . . . ’’ (em- have adjourned more than a year after fering. phasis added). the 1993 vote without breaking a deaf- Puerto Rico has been an unincor- The traditions and institutions in ening silence regarding the results of porated territory of the United States Puerto Rico most relevant to the polit- the plebiscite if the ballot definitions for almost 100 years, subject to the ple- ical status of the people there are no had not rendered those results both nary powers of Congress under the ter- longer wholly dissimilar to those of the ambiguous and confusing. ritorial clause of the U.S. Constitution, United States. Puerto Ricans have Apparently due in large part to Reso- article IV, section 3, clause 2. Congres- been U.S. nationals since 1899, with lution 62, in this Congress the House sional authorization for the adoption of U.S. citizenship for 80 years. Puerto committees with primary jurisdiction a local constitution and delegation of Rico has been within the U.S. legal and with respect to Puerto Rico’s status authority for internal self-government political system and customs territory conducted hearings on the 1993 voting in 1952 represented progress in the evo- for nearly a century. A republican form results on October 17, 1995. Each of lution of the territory’s status, but the of constitutional internal self-govern- Puerto Rico’s political parties were 3.8 million U.S. citizens residing in ment was instituted through a demo- given a full and fair hearing regarding Puerto Rico do not yet have equal legal cratic process 45 years ago. their views on the 1993 vote. and political rights with their fellow Clearly, the time has come to estab- Based on the record of that hearing, citizens living in the States, or a guar- lish a process through which the cur- the leadership of the concerned House anteed permanent status protected by rent territorial status can be ended in committees transmitted a comprehen- the U.S. Constitution. favor of a constitutionally guaranteed sive statement to the leaders of the Puerto Ricans have a statutory citi- permanent status consistent with full Puerto Rico Legislature on February zenship status prescribed by Congress self-government, full political partici- 29, 1996, setting forth authoritative pol- in 1917, with less than equal legal pation and equal citizenship rights. icy statements and points of law re- standing and political rights while re- That means full integration into the garding the 1993 voting results. On siding in Puerto Rico because it is not United States on the basis of equality, March 6, 1996, legislation consistent a State. In 1980 the U.S. Supreme Court or full citizenship and a constitu- with the principles set forth in the ruled in Harris v. Rosario (446 U.S. 651) tionally protected political status February 29 policy statement was in- that as long as Puerto Rico is an unin- through separate nationhood. corporated territory subject to the ter- Again, if the residents of Puerto Rico troduced in the House. After hearings ritorial clause it does not violate the prefer to remain in an unincorporated in San Juan Puerto Rico in which all fundamental rights which all U.S. citi- status and continue the present com- parties were heard once again regard- zens have under the Constitution for monwealth structure for local govern- ing H.R. 3024—United States-Puerto Congress to treat the U.S. citizens re- ment, any congressionally recognized Rico Political Status Act—the bill was siding in Puerto Rico differently than self-determination process should en- amended to meet certain concerns that their fellow citizens in the 50 States as able them freely to express their wish- had been raised and unanimously ap- long as there is a rational basis for es in this regard. But they will not be proved by the Committee on Resources such unequal treatment. able to make a free and informed on June 26, 1996. While any self-determination process choice unless the legal and political On June 28, 1996, senior minority we establish should allow the people in nature of the current status is defined members on the two House committees Puerto Rico to express approval of this in a constitutionally valid and intellec- which had conducted the hearings on present status, the idea that perpetual tually honest manner. the 1993 vote also transmitted views to territorial status for such a large and Therein lies the problem with the leaders in the Puerto Rico Legislature populous area is desirable for either 1993 plebiscite, in which the status op- regarding the results thereof. In addi- Puerto Rico or the nation as a whole tions were formulated by the local po- tion, on July 18, 1996, 11 members of the needs to be examined closely. To begin litical parties. The commonwealth op- minority in the House, including some with we need to recognize that Ameri- tion on the 1993 ballot included ele- of the most knowledgeable and experi- cans from Puerto Rico have served ments which were simply unconstitu- enced Members of Congress where the with valor along side their fellow citi- tional, and policy proposals that were issue of Puerto Rico’s status is con- zens in every war this century, but so implausible and misleading as to cerned, wrote to that body’s minority Congress never has afforded the people make the voting results highly ambig- leader expressing their support for the an opportunity to express their wishes uous. For example, commonwealth re- Puerto Rico status bill reported unani- as to the options for full self-govern- ceived the lowest voter approval ever mously by the Resources Committee on ment and a permanent status outside at 48 percent, while statehood received June 26, 1996. the territorial clause—either as a state the highest vote ever at 46 percent. But What the measures taken by House or through separate nationhood. the commonwealth ballot definition in- committees and members to date dem- In 1953 the U.N. recognized the Reso- clude permanent union, the same citi- onstrate is that there is some impor- lution 748 (VIII) that establishment of zenship rights as persons born in the tant new thinking in Congress about internal constitutional self-govern- States, increased Federal programs, the Puerto Rico status issue. There is ment with the consent of the residents and parity with the States in Federal an emerging bipartisan consensus that was consistent with self-determination budget outlay—features which are con- the time has come for Congress to rec- principles of the U.N. Charter, and on stitutional guaranteed and/or politi- ognize that a process which makes de- that basis the United States stopped cally possible only with statehood. finitive self-determination and perma- reporting to the United Nations on the At the same time, the commonwealth nent full self-government available to status of Puerto Rico. While Puerto option also called for Federal tax ex- Puerto Rico is in the U.S. national in- Rico is no longer a non-self-governing emptions, fiscal autonomy, a local veto terest, as well as that of the residents for purposes of Article 73(e) of the U.N. over Federal laws passed by Congress of Puerto Rico.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9557 In particular, I want to point out Congress can respond to those results Consequently, the results of the vote nec- that the July 18, 1996 letter from con- by proposing the terms under which essarily must be viewed as an expression of cerned members of the minority to the preferred option would be possible, the preferences of those who voted as be- tween the proposals and advocacy of the House Minority Leader GEPHARDT de- after which an additional informed three major political parties for the status fends the specific approach to legiti- stage of self-determination can take option espoused by each such party. mate self-determination for Puerto place. If the terms for change are not 3. None of the status options presented on Rico set forth in H.R. 3024 against crit- approved by the people, or the people the ballot received a majority of the votes icism generated by supporters of the vote for the option of continued com- cast. While the commonwealth option on the fatally-flawed and discredited defini- monwealth, then Congress will have to ballot received a plurality of votes, this re- tion of commonwealth presented on the sult is difficult to interpret because that op- consider its response to that result as tion contained proposals to profoundly 1993 plebiscite ballot. Specifically, the well. change rather than continue the current July 18 letter notes that: Before my colleagues, or those re- Commonwealth of Puerto Rico government Some have tried to revive discussion over sponsible for these issues in the admin- structure. Certain elements of the common- the language and citizenship provisions of istration, attempt to defend the ap- wealth option, including permanent union the bill, even though these issues were dealt proach of the 1993 plebiscite ballot, I with the United States and guaranteed U.S. with in the reported text of H.R. 3024. Others suggest they review all of the congres- citizenship, can only be achieved through claim that the ballot process is unfairly full integration into the U.S. leading to skewed toward one option or another, hoping sional documents responding to Puerto statehood. Other elements of the common- to revert back to the three-way ballot in 1993 Rico Legislature Resolution 62 referred wealth option on the ballot, including a gov- which yielded no clear majority. More than to above. To facilitate an openminded ernment-to-government bilateral pact which just attempts to amend the legislation, these consideration of what we are pro- cannot be altered, either are not possible or efforts are aimed at delaying its consider- posing, those documents are included could only be partially accomplished ation or tainting its language so that it will here in the order mentioned above. through treaty arrangements based on sepa- never see the light of day. Mr. President, I ask unanimous con- rate sovereignty. While the statehood and I have described the response in the independence options are more clearly de- sent that additional material be print- fined, neither of these options can be fully House to Resolution 62 of the Puerto ed in the RECORD. understood on the merits, unless viewed in Rico Legislature in some detail so that There being no objection, the mate- the context of clear Congressional policy re- my Senate colleagues can better appre- rial was ordered to be printed in the garding the terms under which either option ciate the need for some demonstration RECORD, as follows: could be implemented if approved in a future that Members of this body have an in- HOUSE OF REPRESENTATIVES, plebiscite recognized by the federal govern- terest in the issues raised by the for- COMMITTEE ON RESOURCES, ment. Thus, there is a need for Congress to mal request directed by the local con- Washington, DC, February 29, 1996. define the real options for change and the true legal and political nature of the status stitutional authorities to the 104th Hon. ROBERTO REXACH-BENITEZ, President of the Senate. quo, so that the people can know what the Congress. The bill we are introducing Hon. ZAIDA HERNANDEZ-TORRES, actual choices will be in the future. today is not a definitive or final formal Speaker of the House, of the Commonwealth of 4. Although there is a history of confusion response to that request, but it sends Puerto Rico, San Juan, PR. and ambiguity on the part of some in the an important message to the House and DEAR MR. REXACH-BENITEZ AND MS. HER- U.S. and Puerto Rico regarding the legal and to Puerto Rico that the Senate also NANDEZ-TORRES: The Committee on Re- political nature of the current ‘‘common- sources and the Committee on International wealth’’ local government structure and ter- will address this matter consistent ritorial status, it is incontrovertible that with the principles of self-determina- Relations are working cooperatively to es- tablish an official record which we believe Puerto Rico’s present status is that of an un- tion and the national interest. incorporated territory subject in all respects Accordingly, the legislation we are will enable the House to address the subject- matter of Concurrent Resolution 62, adopted to the authority of the United States Con- proposing, like the House version, rec- by the Legislature of Puerto Rico on Decem- gress under the Territorial Clause of the U.S. ognizes that the commonwealth option ber 14, 1994. While the specific measures ad- Constitution. As such, the current status can and should be presented accurately dressing Puerto Rico’s status which the 104th does not provide guaranteed permanent and fairly on a status referendum bal- Congress will consider are still being devel- union or guaranteed citizenship to the inhab- oped, we believe the history of the self-deter- itants of the territory of Puerto Rico, nor lot. The voters must be able to evalu- does the current status provide the basis for mination process in Puerto Rico, as well as ate the current status and the com- recognition of a separate Puerto Rican sov- the record of the Joint Hearing conducted on monwealth structure for local govern- ereignty or a binding government-to-govern- October 17, 1995 by the Subcommittee on Na- ment on the merits. But those who ment status pact. tive American and Insular Affairs and the think that Congress is required to 5. In light of the foregoing, the results the Subcommittee on Western Hemisphere, lead November 14, 1993 vote indicates that it is adopt the same 3-option ballot format to the following conclusions with respect to employed in the 1993 local plebiscite the preference of those who cast ballots to the plebiscite conducted in Puerto Rico on change the present impermanent status in format need to think again. While we November 14, 1993: favor of a permanent political status based need to respect, study, and consider the 1. The plebiscite was conducted under local on full self-government. The only options for 1993 vote despite obvious flaws in the law by local authorities, and the voting proc- a permanent and fully self-governing status ballot, Congress cannot restrict itself ess appears to have been orderly and con- are: 1) separate sovereignty and full national to considering only past practices in sistent with recognized standards for lawful independence, 2) separate sovereignty in free and democratic elections. This locally orga- Puerto Rico or the approach previously association with the United States; 3) full in- nized self-determination process was under- tegration into the United States political considered by Congress. taken within the authority of the constitu- We need to keep an open mind, and system ending unincorporated territory sta- tional government of Puerto Rico, and is tus and leading to statehood. this bill proposes a new approach con- consistent with the right of the people of 6. Because each ballot option in the 1993 sistent with that being developed in Puerto Rico freely to express their wishes re- plebiscite addressed citizenship, we want to the House. It recognizes that Congress garding their political status and the form of clarify this issue. First, under separate sov- may determine that it could be mis- government under which they live. The ereignty Puerto Ricans will have their own leading to present the status quo op- United States recognizes the right of the nationality and citizenship. The U.S. polit- people of Puerto Rico to self-determination, tion without distinguishing it in any ical status, nationality, and citizenship pro- including the right to approve any perma- vided by Congress under statues imple- way from the options for ending terri- nent political status which will be estab- menting the Treaty of Paris during the unin- torial status and instituting funda- lished upon termination of the current unin- corporated territory period will be replaced mental changes that would be required corporated territory status. Congress will by the new Puerto Rican nationhood and to establish permanent full self-govern- take cognizance of the 1993 plebiscite results citizenship status that comes with separate ment and a constitutionally guaran- in determining future Federal policy toward sovereignty. To prevent hardship or unfair- teed status. Puerto Rico. ness in individual cases, the U.S. Congress Only when the people who live in 2. The content of each of the three status may determine the requirements for eligible Puerto Rico are allowed to vote in a options on the ballot was determined by the persons to continue U.S. nationality and three major political parties in Puerto Rico citizenship, or be naturalized, and this will referendum process which defines the identified with those options, respectively. be governed by U.S. law, not Puerto Rican choices in a way that is valid and accu- The U.S. Congress did not adopt a formal po- law. If the voters freely choose separate sov- rate will Congress be able to under- sition as to the feasibility of any of the op- ereignty, only those born in Puerto Rico who stand the meaning of the results. Then tions prior to presentation to the voters. have acquired U.S. citizenship on some other

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9558 CONGRESSIONAL RECORD — SENATE August 2, 1996 legal basis outside the scope of the Treaty of new century in which a protracted status de- would like to outline some of our views on Paris citizenship statutes enacted by Con- bate will interfere with Puerto Rico’s eco- the issue as well. gress during the territorial period will not be nomic and social development, and the do- We believe that the definition of Common- affected. Thus, the automatic combined mestic and international interest in deter- wealth on the 1993 plebiscite ballot was dif- Puerto Rican and U.S. citizenship described mining a path to full self-government for all ficult given Constitutional, and current fis- under the definition of independence on the territories with a colonial history before the cal and political limitations. Through nu- 1993 plebiscite ballot was a proposal which is end of this century. merous Supreme Court and other Federal misleading and inconsistent with the funda- 9. The record of the October 17, 1995 hear- Court decisions, it is clear that Puerto Rico mental principles of separate nationality ing referred to above makes it clear that the remains an unincorporated territory and is and non-interference by two sovereign coun- realities regarding constitutional, legal and subject to the authority of Congress under tries in each other’s internal affairs, which political obstacles to implementing the the territorial clause. Another aspect of this includes regulation of citizenship. Under changes required to fulfill the core elements definition called for the granting of addi- statehood, guaranteed equal U.S. citizenship of the ‘‘commonwealth’’ option on the ballot tional tax breaks to Section 936 companies status will become a permanent right. Under were not made clear and understandable in and an increase in federal benefits in order the present Commonwealth of Puerto Rico the public discussion and political debate to achieve parity with all the states without government structure, the current limited leading up to the vote. Consequently, Con- having to pay federal taxes. It is important U.S. citizenship status and rights will be gress must determine what steps the Federal that any judgment on the future of Puerto continued under Federal law enacted under government should take in order to help Rico be based on sound options that reflect the Territorial Clause and the Treaty of move the self-determination process to the the current budgetary context in the United Paris, protected to the extent of partial ap- next stage, so that the political status aspi- States. This context should also reflect the plication of the U.S. Constitution during the rations of the people can be ascertained bi-partisan agreement being worked on by period in which Puerto Rico remains an un- through a truly informed vote in which the Congress which reduces Section 936 benefits. incorporated territory. wishes of the people are freely expressed Since Congress has neither approved nor 7. The alternative to full integration into within a framework approved by Congress. resolved the 1993 plebiscite results, we are in the United States or a status based on sepa- Only through such a process will Congress favor of legislation that will establish a fu- rate sovereignty is continuation of the cur- then have a clear basis for determining and ture process of self-determination for the rent unincorporated territory status. In that resolving the question of Puerto Rico’s fu- people of Puerto Rico. This legislation event, the present status quo, including the ture political status in a manner consistent should include a requirement for status Commonwealth of Puerto Rico structure for with the national interest. plebiscites to take place within a certain local self-government, presumably could Ultimately, Congress alone can determine number of years and define various status continue for some period of time, until Con- Federal policy with respect to self-govern- options in a realistic manner. gress in its discretion otherwise determines ment and self-determination for the resi- In two years, Puerto Rico will celebrate its the permanent disposition of the territory of dents of Puerto Rico. It will not be possible 100th year as part of the United States. Con- Puerto Rico and the status of its inhabitants for the local government or the people to ad- gress has both a political and moral respon- through the exercise of its authority under vance further in the self-determination proc- sibility to ensure that the 3.5 million Ameri- the Territorial Clause and the provisions of ess until the U.S. Congress meets its moral cans living in Puerto Rico have a right to ex- the Treaty of Paris. Congress may consider and governmental responsibility to clarify press their views on the important issue of proposals regarding changes in the current Federal requirements regarding termination political status on a regular basis. local government structure, including those of the present unincorporated territory sta- We hope this additional response to Con- set forth in the ‘‘Definition of Common- tus of Puerto Rico in favor of one of the op- current Resolution 62 is helpful. wealth’’ on the 1993 plebiscite ballot. How- tions for full self-government. Sincerely, ever, in our view serious consideration of The results of the locally administered 1993 ROBERT TORRICELLI, proposals for equal treatment for residents vote are useful in this regard, but in our BILL RICHARDSON, of Puerto Rico under Federal programs will view are not definitive beyond what has been LEE HAMILTON, not be provided unless there is an end to cer- stated above. The question of Puerto Rico’s DALE KILDEE, tain exemptions from federal tax laws and political status remains open and unre- other non-taxation in Puerto Rico, so that solved. CONGRESS OF THE UNITED STATES, individuals and corporations in Puerto Rico Sincerely, HOUSE OF REPRESENTATIVES, have the same responsibilities and obliga- DON YOUNG, Washington, DC, July 18, 1996. tions in this regard as the states. Since the Chairman, Committee Hon. RICHARD GEPHARDT, ‘‘commonwealth’’ option on the 1993 plebi- on Resources. Minority Leader, the Capitol, Washington, DC. scite ballot called for ‘‘fiscal autonomy,’’ ELTON GALLEGLY, DEAR MINORITY LEADER GEPHARDT: Given which is understood to mean, among other Chairman, Sub- the short time before the adjournment of the things, continuation of the current exemp- committee on Native 104th Congress, we are eagerly trying to se- tions from federal taxation for the territory, American and Insu- cure floor time for a bill that is of great im- this constitutes another major political, lar Affairs. portance to us, H.R. 3024, the United States- legal and economic obstacle to implementing BEN GILMAN, Puerto Rico Political Status Act. Unfortu- the changes in Federal law and policy re- Chairman, Committee nately, we understand that certain Rep- quired to fulfill the terms of the ‘‘Definition on International Re- resentatives have approached you in recent of Commonwealth.’’ lations. days in hopes of derailing this legislative ef- 8. In addition, it is important to recognize DAN BURTON, fort. that the existing Commonwealth of Puerto Chairman, Sub- After nearly 100 years as a territory of the Rico structure for local self-government, and committee on the United States, Puerto Rico must be provided any other measures which Congress may ap- Western Hemisphere. with the opportunity to determine its future. prove while Puerto Rico remains an unincor- CONGRESS OF THE UNITED STATES, While some would have you believe that porated territory, are not unalterable in a Washington, DC, June 28, 1996. there is no need for a self-determination sense that is constitutionally binding upon a Senator CHARLIE RODRIGUEZ, process, it must be clear that the existing future Congress. Any provision, agreement Majority Leader, Puerto Rico Senate, the Cap- ‘‘Commonwealth’’ structure was never or pact to the contrary is legally unenforce- itol, San Juan, PR. meant to be a permanent solution for Puerto able. Thus, the current Federal laws and DEAR SENATOR RODRIGUEZ: As the senior Rico, particularly since the 3.8 million U.S. policies applicable to Puerto Rico are not democrats on the House Resources and Inter- citizens in Puerto Rico are disenfranchised unalterable, nor can they be made unalter- national Relations Committees we have al- under the current arrangement. Just as the able, and the current status of the inhab- ways been concerned about the economic and United Nations has called for an end to colo- itants is not irrevocable, as proposed under political future of Puerto Rico. As the 104th nialism by the year 2000, the United States the ‘‘commonwealth’’ option on the 1993 Congress considers proposed legislation re- must lead by example by putting an end to plebiscite ballot. Congress will continue to garding the process of self-determination for the disenfranchisement of its own citizens respect the principle of self-determination in Puerto Rico, we believe that it is time to re- and allowing Puerto Rico to resolve, once its exercise of Territorial Clause powers, but examine the status issue in light of the 1993 and for all, its status dilemma. that authority must be exercised within the plebiscite. As you know, H.R. 3024 establishes a proc- framework of the U.S. Constitution and in a On December 14, 1994 the Legislature of ess whereby the U.S. citizens of Puerto Rico manner deemed by Congress to best serve the Puerto Rico adopted Concurrent Resolution would be allowed to vote on self-determina- U.S. national interest. In our view, pro- 62 which sought congressional guidance re- tion by the end of 1998. On the first ballot, moting the goal of full self-government for garding the results of the 1993 status plebi- the voters would choose to either change the people of Puerto Rico, rather than re- scite. Recently, the Chairman of the relevant their status or maintain the status quo. maining in a separate and unequal status, is committees and subcommittees that deal Then, assuming the majority votes to change in the best interests of the United States. with Puerto Rico’s political status responded their status, they would then again vote to This is particularly true due to the large to this important resolution. Although we choose between a path toward separation population of Puerto Rico, the approach of a agree with many portions of the letter, we (independence or free association) or a path

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9559 toward integration (statehood). In each in- fits of separation without any of the rural area began meeting several years stance, the results would be definitive and accompanying responsibilities of ei- ago to determine how best to tell the would produce a majority. ther. Given these pie-in-the-sky prom- agricultural story, especially how it re- With over sixty cosponsors in the House, ises, it is no wonder that a plurality of H.R. 3024 has strong bipartisan support. Dur- lates to our country’s great industrial ing the full Resources Committee markup Puerto Ricans—though, important, not history. Because of their interest, the last month, the bill was reported unani- a majority—chose the Commonwealth National Park Service was then re- mously after adopting only minor perfecting option. However, the future of Puerto quested to conduct a study to develop amendments. It is now before the Rules Com- Rico’s relationship with the United recommendations as to the location of mittee and we are hopeful that it will soon States remains unclear, and congres- a heritage area and how to present the proceed to the House floor. Opponents of sional action providing Puerto Ricans history. H.R. 3024, however, are using a number of with the power to determine their fate That study recommended that north- tactics to try to delay this process and con- through a fair and orderly process is east Iowa be the location for an agri- fuse the issue. Some have tried to revive discussions over long overdue. cultural heritage partnership area. the language and citizenship provisions of It is time that Congress’ silence on Since that time, the communities have the bill, even though these issues were dealt the results of the November 14, 1993 continued their work to lay a proper with in the reported text of H.R. 3024. Others Puerto Rican plebiscite end, and that foundation for the project pending con- claim that the ballot process is unfairly we afford United States citizens in gressional authorization for Silos and skewed toward one option or another, hoping Puerto Rico realistic and just options Smokestacks. to revert back to the three-way ballot in 1993 for determining Puerto Rico’s future Waterloo is located in the center of which yielded no clear majority. More than relationship with the United States of some of the richest, most productive just attempts to amend the legislation, these America. The Puerto Rican Govern- efforts are aimed at delaying its consider- agricultural land in the world. It is ation or tainting its language so that it will ment has asked that we do as much. On also home to John Deere and other never see the light of day this year on the December 14, 1994, the legislature of farm equipment manufacturers and House floor. Puerto Rico adopted Concurrent Reso- other related agricultural industries. All told, these efforts should not obscure lution 62 which formally requested con- Waterloo is an ideal location to tell the the original intent of the legislation: to pro- gressional guidance regarding the re- combined story of American agri- vide Puerto Rico with a fair process of self- sults of the 1993 status plebiscite. This culture and the industry associated determination for the first time in the Is- legislation provides this guidance. land’s history. Your support for this effort is with it. The process established by this legis- This legislation would authorize the needed and would help Congress give the U.S. lation would be unprecedented and long citizens of Puerto Rico the voice and partici- Secretary of Agriculture to make pation in the democratic process which they overdue, affording Puerto Ricans for grants or enter into cooperative agree- are entitled to and deserve. the first time a fair process of self-de- ments to further this project. He may Thank you for your interest in the affairs termination that is consistent with ev- also provide necessary technical assist- of Puerto Rico. If you would like to discuss erything America stands for. We owe ance. this matter further, please do not hesitate to Puerto Rico—which in 2 years will This is a worthwhile endeavor to tell contact us. have been part of the United States for an important American story to our Sincerely, 100 years—at least this much. Carlos A. Romero-Barcelo´ , Robert A. citizens and the World. I strongly en- For decades, we have treated the courage enactment of this legislation. Underwood, Nick Rahall, Sam Farr, right to self-determination as a corner- Esteban E. Torres, Bill Richardson, Mr. HARKIN. Mr. President, I rise as Patrick J. Kennedy, Jose´ E. Serrano, stone of our foreign policy. It is time cosponsor of America’s Agricultural Dale E. Kildee, Pat Williams, Neil that we practice what we preach. Heritage Partnership Act of 1996. This Abercrombie. By Mr. GRASSLEY (for himself bill would establish America’s Agricul- Mr. CRAIG. Mr. President, I am and Mr. HARKIN): tural Heritage Partnership in north- proud to be an original cosponsor of S. 2020. A bill to establish America’s east Iowa in order to promote the story the legislation introduced by my col- Agricultural Heritage Partnership in of agriculture in our Nation’s rich his- league from Idaho, Senator CRAIG, with Iowa, and for other purposes; to the tory. whom I have worked closely on many Committee on Energy and Natural Re- A few years ago, leaders from Water- issues over the years. sources. loo and other communities in north- This important bill establishes a THE AGRICULTURAL HERITAGE PARTNERSHIP east Iowa developed an initiative called process whereby the people of Puerto ACT OF 1996 Silos and Smokestacks. Silos and Rico can vote for a retention or a Mr. GRASSLEY. Mr. President, Smokestacks is a private organization change of their current Commonwealth today I am introducing the America’s that has worked to remodel and ren- status, a status preserved as a result of Agricultural Heritage Partnership Act ovate old, and often abandoned, build- the November 14, 1993 plebiscite. If of 1996. This legislation would author- ings in Waterloo. This effort is a won- Puerto Ricans choose change, they can ize the designation of several counties derful example of communities and select a path toward separation—inde- in northeast Iowa as America’s Agri- concerned citizens working together to pendence or free association—or a path cultural Heritage Partnership. This preserve a unique part of American his- toward incorporation—statehood. In project is more commonly known as tory. short, the bill establishes an orderly Silos and Smokestacks. The hard work by Silos and Smoke- path toward true self-determination in The story of agriculture in the stacks has provided the foundation for the true democratic spirit of our Na- United States is not only one of na- a unique heritage park that would tion. tional progress and bounty, but is also combine the stories of our Nation’s ag- One might ask why such legislation a story of world progress and bounty. ricultural and industrial development. is necessary given that less than 3 American agriculture is a national and In the past, the focus of the National years ago, a plurality of U.S. citizens a world treasure. It is a story that Park Service has been to create and ad- in Puerto Rico chose the Common- needs to be told. That is the silos part minister the so-called natural areas, wealth option on the November 14 bal- of Silos and Smokestacks. The smoke- commonly known as our National Park lot. This option—drafted by the Com- stacks are the industrial base that sup- System. A heritage park involves local, monwealth party itself, under the ports our country’s agriculture. The State, Federal, and private interests in agreed-upon terms of the plebiscite— mission of America’s Agricultural Her- recognizing and preserving sites of cul- presented the people of Puerto Rico itage Partnership—Silos and Smoke- tural and historical significance. Herit- with utterly inflated and unrealistic stacks—is to tell their combined story, age areas are something like a large expectations regarding the island’s fu- through traditional exhibits and by de- interactive museum in which people ture relationship with the United signed routes through the countryside have the opportunity to gain firsthand States. In effect, the Commonwealth highlighting areas of importance and knowledge of an important facet of our option guaranteed United States citi- interest. Nation’s history. zens of Puerto Rico many of the bene- Community leaders in Waterloo, IA, The National Park Service has deter- fits of statehood and many of the bene- the surrounding communities, and the mined that northeast Iowa is an ideal

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9560 CONGRESSIONAL RECORD — SENATE August 2, 1996 location for a heritage park. This park apy as a major and unprecedented step Chloroalcohol and AG 1346), from Au- would tell the nationally significant, in combating AIDS, one that may rep- gust 1 when the drug production in- but often overlooked, story of Amer- resent a treatment approach that may creases, until April 1, 1997 when the ican agriculture. Northeast Iowa com- delay the onset of AIDS, extend pa- tariff drops to zero under the WTO bines the rich histories of our Nation’s tients’ lives, and transform AIDS into pharmaceutical agreement. Without farming and industrial sectors. In the a long-term, manageable disease. this legislation, the manufacturer area surrounding Waterloo one will Mr. President, HIV/A is a critical would face a 12 percent tariff for its find some of the most productive and public health issue, requiring the Na- chemicals, which are not available in fertile land in the Nation. Boasting the tion’s full attention. In America today, the United States, as the drug proceeds production lines of John Deere and AIDS is the leading cause of death for into production. This tariff reduction other farm equipment manufacturers young Americans between the ages of will allow for the acceleration of drug and some of the largest meatpacking 25 and 44. production, providing more timely re- operations in the Midwest, the city of More than 220,700 American men, lief for the public. Waterloo represents our Nation’s in- women and children have died of AIDS The Federal Government needs to do dustrial strength. Taken together, this by the end of 1993. While the number of everything it can to expedite the devel- area represents nearly every aspect of deaths trails other urgent health prior- opment and distribution of AIDS drugs. agricultural and food production. ities such as cancer or heart disease, Without this legislation to remove the The National Park Service has sug- AIDS is nearly equally debilitating to tariff, we will be tolerating needless gested that four principal topics of the the Nation when measured by the years hurdles and delay, rather than needed heritage area could include: the amaz- of potential and productive life lost relief. ing science of agriculture, agriculture due to the disease. The Congressional Budget Office is as a way of life, organizing for survival, In my State of California, 1 of every reviewing the cost of the proposed leg- islation. However, because the WTO ne- and crops from the field to the table. 200 Californians is HIV positive, while 1 The legislation introduced today of every 25 is HIV positive in my home gotiations will already provide a zero would authorize the Secretary of Agri- of San Francisco. tariff for the chemical compounds on culture to make grants and provide AIDS is a paramount public health April 1, the legislation may have a de technical and management assistance concern and every effort should be minimis impact on tariff revenue. For to those entities developing the intro- made to ensure that drugs are made AIDS patients, their families and those at risk, it’s a step Congress should ductory heritage park. This assistance available as swiftly and at as low a take. would be the critical impetus to see cost as possible. We simply cannot I have also requested various Federal this unique project through to comple- delay or waste time in providing drugs, treatments or materials. This tariff agencies and other organizations to re- tion. A heritage project in northeast view the legislation and ensure that Iowa would provide countless Ameri- legislation represents a modest, but important step. other important Federal policies, like cans with a valuable insight into one of narcotics enforcement or maintaining ZERO TARIFF FOR PHARMACEUTICALS the most fascinating, and important, a strong, domestic chemical industry, Under the 1994 GATT agreement, aspects of American society. are not undermined. The Drug Enforce- most pharmaceutical products are en- ment Agency and U.S. Customs Service By Mrs. FEINSTEIN (for herself titled to enter the country without a indicate the chemicals present no risk and Mrs. BOXER): tariff. However, the zero tariff does not for law enforcement or anti-narcotics S. 2021. A bill to suspend temporarily apply to many new pharmaceutical the duty on certain chemicals used in enforcement priorities. Similarly, the products or their chemical ingredients. U.S. Trade Representative’s Industry the formulation of an HIV protease in- As a result, the chemicals needed to hibitor; to the Committee on Finance. Sector Advisory Committee for chemi- make nelfinavir mesylate, an AIDS cals and the International Trade Com- DRUG DEVELOPMENT ACCELERATION protease inhibitor currently under- LEGISLATION mission also reviewed and approved the going research testing, but not yet a administration’s efforts to include the Mrs. FEINSTEIN. Mr. President, as a recognized pharmaceutical product nation, we must do everything we can chemicals in the pharmaceutical ap- under GATT, would be ineligible for pendix negotiations. PhRMA, the Phar- to find a cure for HIV/AIDS. However, the pharmaceutical zero tariff. until we have a cure for this urgent maceutical Research and Manufactur- During negotiations with World ers of America, also has reviewed the health priority, we need to find effec- Trade Organization nations to imple- proposal and does not oppose the legis- tive treatments and put them in the ment the pharmaceutical zero tariff, lation. hands of people with needs. the administration successfully added The administration deserves tremen- I rise today to introduce legislation, the chemical compounds needed to dous credit for extending a zero tariff joined by my colleague Senator BOXER, manufacture the AIDS drug. As a re- for these chemical components. It is to eliminate the tariff for several sult, the tariff will drop to zero on my hope that miscellaneous tariff leg- chemical compounds. These compounds April 1, 1997. islation, which is currently pending be- are required for the manufacture of an Nelfinavir is on the Food and Drug fore the Finance Committee, could ac- AIDS drug, nelfinavir mesylate, which Administration’s fast-track approval commodate this noncontroversial tariff has produced promising test results. process for AIDS drugs. Commercial issue, which can accelerate the devel- PROTEASE INHIBITORS production of the drug will begin well opment and production of an AIDS Nelfinavir is one of a new class of before April 1, in order that the drug drug, with the potential to provide AIDS drugs called protease inhibitors. can be immediately available to AIDS meaningful relief. The drugs are designed to block an en- patients upon FDA approval. Although As a matter of public policy, we zyme, called protease, that appears to currently imported duty-free for use in should do everything we can to develop play a crucial role in the replication of clinical research trials, the imported AIDS drugs and treatments. Patients HIV. chemicals will soon be used for com- and their families cannot wait for the As the Wall Street Journal reported mercial production. During the period next round of drugs to be approved and in its coverage of the recently con- of commercial production prior to added to the zero-tariff list, scheduled cluded 11th International Conference April 1, the chemical compounds will for review in 1999. By importing the on AIDS in Vancouver, BC, researchers face a 12 percent tariff, which will only chemical compounds without a tariff, have evidence that protease inhibitor add to the cost and delay the drug’s we can accelerate the drug develop- drugs, when taken in combination with production and distribution to individ- ment process. existing therapies, can reduce levels of uals in need. I am pleased to introduce this tariff the AIDS-causing virus in blood to lev- This proposed legislation would legislation, along with my colleague els so low that the virus is eliminate the tariff for two of the es- Senator BOXER, and will work with the undetectable by even the most sen- sential and unique chemical inputs, as chairman and ranking members of the sitive tests. AIDS researchers at the well as for the active ingredient Finance Committee to pursue the leg- conference describe this new drug ther- nelfinavir (Acid Chloride, islation.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9561 Mr. President, I ask unanimous con- formulas. Currently, our Federal Aid to Mr. President, the bill we are intro- sent that the text of the bill be printed Highways Program collects 18.3 cents ducing is simple. It stipulates that the in the RECORD. tax on each gallon of gasoline. That portion of the Federal highway dis- There being no objection, the bill was money is then sent to the Federal tribution to a State in each year shall ordered to be printed in the RECORD, as Treasury where deductions are made be equal to its percentage of all con- follows: for deficit reduction and other Depart- tributions to the fund. In other words, S. 2021 ment of Transportation programs. The if South Carolina contributes 1.8 per- Be it enacted by the Senate and House of Rep- remainder is then apportioned among cent of the trust fund in a year, it resentatives of the United States of America in the States by statutory formulas which would get back 1.8 percent of whatever Congress assembled, is used for infrastructure projects. In amount is appropriated out of the fund SECTION 1. TEMPORARY DUTY SUSPENSION. 1995, South Carolina received 52 cents that year. Further, my bill would es- (a) IN GENERAL.—Subchapter II of chapter for each dollar its citizens contributed tablish a 5-year program to bring the 99 of the Harmonized Tariff Schedule of the to the fund. Other States were allo- historic donor States into parity with United States is amended by inserting in nu- cated $2 or more for each dollar con- the rest of the country. After imple- merical sequence the following new head- tributed. This disparity is inexcusable. mentation of this bill then we will have ings: This donor State system was origi- a Federal Highway Program that is fair ‘‘9902.30.63 3-acetoxy-2-methylbenzoyl nally devised to build the Interstate chloride (CAS No. 167678– to all. 46–8) (provided for in sub- Highway System. In order to build Mr. President, if we are to reauthor- heading 2918.29.65) ...... Free No On or be- highways across the vast expanses of change fore 3/30/ ize a Federal Highway Program, it 97 the less populated Western States, it must be a fair one. My bill presents a 9902.30.64 2S, 3R-N-Cbz-3-amino-1- was necessary to incorporate a system chloro-4-phenylsulfanyl- fair and equitable formula for doing butan-2-ol (CAS No. 159878– in which some States contribute more this. I urge my colleagues to join us in 02–1) (provided for in sub- than they receive. Next year, the last heading 2922.19.60) ...... Free No On or be- support of this legislation. change fore 3/30/ segment of the Interstate System will Mr. President, I ask unanimous con- 97 be completed. Subsequently, all our 9902.30.65 N-(1,1-dimethylethyl)deca- sent that the text of the bill be printed hydro-2-[2-hydroxy-3[(3-hy- surface transportation priorities will in the RECORD. droxy-2-methylbenzoyl) then be local, but the donor/donee sys- amino]-4-(phenylthio)butyl]-3- There being no objection, the bill was isoquinolinecarboxamide, [3S- tem with its unfair formulas will still ordered to be printed in the RECORD, as [2(2S*,3S*), 3.a.,4a.b.,8a.b.]] be in place. (CAS No. 159989–64–7) (pro- follows: vided for in subheading The statutory formulas are largely S. 2022 2933.40.60) ...... Free No On or be- based on 1950’s population data. Need- change fore 3/30/ Be it enacted by the Senate and House of Rep- 97’’. less to say, there have been great popu- resentatives of the United States of America in lation shifts in this country since that Congress assembled, (b) EFFECTIVE DATE.— time. As a result, high-growth States (1) IN GENERAL.—The amendment made by SECTION 1. SHORT TITLE. subsection (a) applies with respect to goods have become desperate to find money This Act may be cited as the ‘‘Surface entered, or withdrawn from warehouse for to cope with the growing demand for Transportation Equity Act of 1996’’. consumption, on or after the date that is 15 highway construction and mainte- SEC. 2. MINIMUM ALLOCATION. days after the date of the enactment of this nance. Other States, however, are allo- (a) FISCAL YEAR 1998 AND THEREAFTER.— Act. cated such an excess amount that some Section 157(a) of title 23, United States Code, (2) RETROACTIVE APPLICATION.—Notwith- of their funds go unused. In some cases is amended by adding at the end the fol- standing section 514 of the Tariff Act of 1930 they seek legislation to use the money lowing: (19 U.S.C. 1514) or any other provision of law, ‘‘(5) FISCAL YEAR 1998 AND THEREAFTER.—In for more exotic transportation pur- fiscal year 1998 and each fiscal year there- upon proper request filed with the Customs poses. We should not be building roads Service, before the 90th day after the date of after, the Secretary, after making the allo- the enactment of this Act, any entry, or where people have been—we shoud cations described in section 3 of the Surface withdrawal from warehouse for consumption, build them where they are or where Transportation Equity Act of 1996, shall allo- of an article described in heading 9902.30.63, they are going. The present situation is cate among the States amounts sufficient to 9902.30.64, or 9902.30.65 of the Harmonized equivalent to laying railroad tracks be- ensure that a State’s percentage of the total Tariff Schedule of the United States (as hind the train. It is inefficient, waste- apportionments in each fiscal year and allo- added by subsection (a)), that was made— ful, and does not address the transpor- cations for the prior fiscal year from funds (A) on or after August 1, 1996, and made available out of the Highway Trust tation needs of our Nation. Fund is not less than 100 percent of the per- (B) before the date that is 15 days after the Unlike other programs, our Federal date of the enactment of this Act, centage of estimated tax payments attrib- aid highway system was intended to be utable to highway users in the State paid shall be liquidated or reliquidated as though a user fee system where the gas taxes into the Highway Trust Fund in the latest such entry or withdrawal was made on the motorists pay go to maintain and im- fiscal year for which data are available.’’. 15th day after such date of enactment. prove the roads on which they drive. (b) CONFORMING AMENDMENT.—Section Unfortunately, the current system does 157(a)(4) of title 23, United States Code, is By Mr. THURMOND (for himself, amended by striking the paragraph designa- Mr. FAIRCLOTH, Mr. HOLLINGS, not work in that manner. For example, when a school teacher in Mt. Pleasant, tion and all that follows before ‘‘on October Mr. COATS, and Mr. HELMS): 1’’ and inserting the following: SC, buys gas to commute to her job in S. 2022. A bill to amend title 23, ‘‘(4) FISCAL YEARS 1992–1997.—In each of fis- Charleston, she should expect that the United States Code, to modify the min- cal years 1992 through 1997,’’. tax she has paid is going to pay part of imum allocation formula under the SEC. 3. DONOR STATE REIMBURSEMENT. the cost of replacing the Cooper River (a) ALLOCATION.—Over the period con- Federal-aid highway program, to pro- Bridge which is in danger of collapse. sisting of fiscal years 1998 through 2002, the vide reimbursement to each State with Instead, 48 cents of each dollar she Secretary of Transportation shall propor- respect to which the highway users in pays in gas tax goes to finance projects tionally allocate to each eligible State de- the State paid into the highway trust in other States. On the other hand, scribed in subsection (b) the total amount of fund an amount in excess of the the excess described in subsection (b). when a school teacher in one of the (b) ELIGIBLE STATES.—For the purpose of amount received by the State from the donee States does the same thing, she highway trust fund, and for other pur- this section, an eligible State is a State with receives more than double her money respect to which the highway users in the poses; to the Committee on Environ- back in road improvements. This is State paid into the Highway Trust Fund, ment and Public Works. simply unfair. during the period consisting of July 1, 1957, THE SURFACE TRANSPORTATION EQUITY ACT The donor States have made tremen- through the end of the latest fiscal year for Mr. THURMOND. Mr. President, I dous sacrifices to build the Interstate which data are available, an amount in ex- rise today to introduce legislation, on System from which we all benefit. cess of the amount received by the State from the Highway Trust Fund during that behalf of myself and Senators FAIR- They have for years postponed address- period. CLOTH OLLINGS OATS ELMS , H , C , and H , to ing critical highway needs at home. (c) FORMULA.—For each fiscal year, the correct one of the most inequitable and The time has come for our national Secretary of Transportation shall allocate unfair policies of our Government—the policy to recognize this contribution the amounts made available under sub- Federal aid to highways distribution and address this issue fairly. section (a) for the fiscal year in such a way

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9562 CONGRESSIONAL RECORD — SENATE August 2, 1996 as to bring each successive eligible State, or patterns. It includes postal road fac- accessibility to the aircraft. Daily, pi- eligible States, with the lowest dollar return tors from the 1921 formula, population lots, mechanics, air tower controllers, on dollar paid into the Highway Trust Fund- data from the 1980 census, and bridge and others dedicate themselves to ing during the period described in subsection costs reported from States nearly a meeting the needs of air travelers, but (b) up to the highest common return on dol- still the trust relationship requires lar paid that can be funded with the amounts decade ago which were wildly dis- made available under subsection (a). parate. Why should South Carolina some understanding that the FAA cer- (d) APPLICABILITY OF CHAPTER 1 OF TITLE have gotten $38 per square foot to re- tificate requirements are being met by 23.—Funds allocated under this section shall place bridges while the District of Co- the personnel who serve the airline be available for obligation in the same man- lumbia received $223 per square foot? customers. ner and for the same purposes as if the funds Why should these amounts be grand- While some may argue that requires were apportioned for the surface transpor- fathered into today’s allocations? a lot of information. I consider it to be tation program under chapter 1 of title 23, Not only did the GAO declare last the nature of the information not the United States Code, except that the funds year that these formula factors are ‘‘ir- quantity to be significant, because the shall remain available until expended. traveler on the airlines are putting (e) ADMINISTRATIVE EXPENSES.— relevant,’’ it suggested better factors (1) DEDUCTION.—For each fiscal year, prior more than 10 years ago. At that time, their lives in the airlines’ hands and to making allocations under this section, the the GAO recommended making a tran- should be allowed the knowledge that Secretary of Transportation shall deduct sition to a more fair formula in a way bestows security, understanding and such amount, not to exceed 33⁄4 percent of the that did not hurt states that had been choice. There is information that amount made available under subsection (f) receiving a greater than equitable ought to be available and if the cus- for the fiscal year, as the Secretary deter- share of highway formulas. But as the tomer seeks the information the air- mines is necessary to pay the administrative lines should expeditiously provide it. expenses of carrying out this section. GAO reported last year, ‘‘However, the Congress elected not to change the This bill is not to scare travelers about Amounts so deducted shall remain available the safety and security of air travel, until expended. basic formula structure.’’ (2) CONSIDERATION OF PRIOR DEDUCTIONS.— Mr. President, I voted against ISTEA rather on the contrary, I believe this In determining each amount to be deducted because of the objective, well-docu- bill will inspire confidence through under paragraph (1), the Secretary of Trans- mented unfairness of the highway for- openness and knowledge. Additionally, portation shall take into consideration the mula, and will vigorously oppose any if customers of air travel exercise their unexpended balance of any amounts de- right to know about certain elements ducted for prior fiscal years under paragraph highway bill next year that does not provide fairness. The legislation we are about the airlines, aircraft and crew (1). then that too will enhance the trust (f) AUTHORIZATION OF APPROPRIATIONS.— introducing here today is a good start- between customers and the airlines. There are authorized to be appropriated out ing point to better address our Nation’s The second principle element of the of the Highway Trust Fund such sums as are highway needs. necessary to carry out this section. bill is the Victims Rights Program, Mr. HOLLINGS. Mr. President, 5 By Mr. REID: which is essential in alleviating some years ago I opposed legislation extend- S. 2023. A bill to provide for travelers’ of the criticism of the airlines and re- ing our Nation’s Highway Program. I rights in air commerce, and for other storing the confidence of airline cus- did that, not because we do not need purposes; to the Committee on Com- tomers. Increased coordination of the agencies and the American Red Cross highways—they have been a fine in- merce, Science, and Transportation. in opening up communication between vestment—but because the funding dis- THE TRAVELERS’ RIGHTS ACT OF 1996 the investigating parties and the vic- tribution to States had become so egre- Mr. REID. Mr. President, as our open tims, appears to me, to be the least giously unfair that it threatened sup- society has evolved, the Government that we can do and an essential right of port for any highway program at all. It has consistently, though in varying de- those who place their trust in air trav- is interesting to note that today we grees, had to define the rights of con- el. sumers and citizens. In this regard, I have proposals in the Congress essen- This legislation is vital in making tially to follow that logic by repealing introduce today the Travelers’ Rights sure that these fundamental rights of most of the program to the States on Act. This bill is to expedite access to information and knowledge are pre- the basis that the Federal funding pat- information to airline customers and served. As airplane accidents occur and tern is so incredibly wrong. As such, I broaden the choices that air travelers the airplanes are sabotaged, the sense make the case again today for a fair have through greater information. Ad- of security that airplane passengers and rational distribution of highway ditionally, through the Victims Rights have paid for is undermined. This bill funds and put the Senate on notice Program we call for greater coordina- does not try to second guess the Fed- that the distribution must change tion of governmental agencies and eral Aviation Administration and the when the Congress considers highway American Red Cross in providing facts inspector general in safety investiga- program revisions next year. The U.S. to victims and survivors of victims. tions and security methods, because General Accounting Office has studied Mr. President, air travel in America they have been given both the mission highway spending again since the 1991 is a fundamental of American transpor- and the means of working with the air- ISTEA legislation, and reported in No- tation. I cannot imagine spanning the lines. vember 1995 what Senators have long distances of Nevada, much less the Mr. President, last May a ValuJet known—a formula that provided South Western United States to come back DC–9 crashed into a Florida swamp, Carolina 52 cents this year for a dollar here and represent my State without and before that in December an Amer- of taxes contributed is unfair and un- the convenience of air travel. Perhaps ican Airlines aircraft flew into a South tenable. we take many things about travel for American mountainside. Then over 200 This is not just a matter of my State granted; for instance, I do not know individuals died off the coast of New receiving less. It is a matter of how nor can I fathom the many details in- York and the Federal authorities have best to distribute funds for our Na- volved in getting a 747, the size of 12 still not identified all the victims. In- tion’s highway needs. Objective studies city busses, into the sky. But, Mr. deed, I have heard repeatedly that the have found that our current funding President, I believe that there are some survivors of victims cannot get infor- pattern is wrong, outdated, and basic rights of the half-billion pas- mation from the airlines and the Na- unconnected to highway needs. As the sengers of airlines that need to be pro- tional Transportation Safety Board GAO put it, ‘‘the States’ funding shares tected. I have searched the current and FBI. I believe that in the past cou- for the four major programs are di- statutes and regulations and am con- ple of years, air travel have suffered vorced from current conditions,’’ and fident that the Federal Aviation Ad- terrible accidents and the American the underlying factors for the two larg- ministration has many of the tools public who travel by air do not seem to est programs are ‘‘irrelevant to the necessary to continue to make our get any more consideration, as far as highway system’s needs.’’ skies safe. I am not convinced, how- information and education are con- Particularly, the current distribution ever, that passengers, are receiving suf- cerned. to States includes significant, indirect ficient information about the aircraft We do hear, Mr. President, that secu- influences from earlier, unfair funding and the many involved personnel and rity might be enhanced at the airports,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9563 and that more screening of passengers tain information about clinical trials. will also benefit, because this legisla- might take place at airplane boarding As the result of a 1988 amendment to tion will allow for easier and quicker and other draconian measures are the Public Health Service Act, AIDS recruitment of individuals willing to being considered. Those issues need patients need only dial a 1–800 number participate in experimental trials, ex- tremendous study and intensive delib- in order to obtain information about pediting the approval process for inves- eration of classified information all clinical trials—both Government fi- tigational new drugs. And the National among those who have the expertise. nanced and private pharmaceutical Institutes of Health and the Food and This bill focuses on the prerogatives of trials. If you have cancer or some other Drug Administration will be better the traveler and through access of in- life-threatening illness, however, you able to serve the public. formation the choices of the traveler must rely upon your doctor’s knowl- This one-stop shopping service will expand and trust is preserved. edge about clinical trials, which is provide hope to countless Americans. I urge my colleagues to act quickly likely to be limited. Moreover, infor- But most importantly, it will help to on this legislation so that this funda- mation contained on commercial data- save lives and reduce the suffering of mental way of travel is not undermined bases are costly to access, difficult to Americans who are stricken by serious by the airline industry’s own protec- use or understand, and often incom- or life-threatening illnesses. We know tive silence and guarded communica- plete. from experience that this language tion. When unfortunate accidents or Since this hearing, I have heard simi- works. I call for the speedy enactment harm occurs, trust is best established lar complaints not only from cancer of this legislation which will be of by allowing the victims open access. patients, but from patients suffering enormous benefit to countless Ameri- Through this legislation the rights of from a wide range of severe or life- cans in times of extraordinary need, travelers will be firmly preserved. threatening illnesses. Today, I rise to and I urge my colleagues to support introduce legislation to rectify this this important bill. By Ms. SNOWE (for herself and knowledge gap. Mrs. FEINSTEIN. Mr. President, Mrs. FEINSTEIN): My bill is based closely on the exist- today, with Senator SNOWE, I am intro- S. 2024. A bill to amend the Public ing language in the Public Health Serv- ducing a bill to set up a toll-free serv- Health Service Act to provide a one- ice Act which created the AIDS data- ice so that people with life-threatening stop shopping information service for base and which has been so successful diseases can find out about research individuals with serious or life-threat- in making information about AIDS projects that might help them. ening diseases; to the Committee on clinical trials available to those who Today there are thousands of serious Labor and Human Resources. need it. Modeled on that language, my and life-threatening diseases, diseases THE ONE-STOP SHOPPING INFORMATION SERVICE bill establishes a data bank of informa- for which we have no cure. For genetic ACT OF 1996 tion on clinical trials and experimental diseases alone, there are 3,000 to 4,000. Ms. SNOWE. Mr. President, today, I treatments for all serious or life- Some of these are familiar, like cancer, rise to introduce a vital piece of legis- threatening illnesses. The one stop Parkinson’s disease, and multiple scle- lation which will help people with seri- shopping information service will in- rosis. Others are not so common, like ous or life-threatening diseases obtain clude a registry of all private and pub- cystinosis, Tay-Sachs disease, Wilson’s the information they desperately need lic clinical trials, and will contain in- disease, and Sjogren’s syndrome. In- about clinical trials. Easy access to formation describing the purpose of the deed, there are over 5,000 rare diseases, this information is critical, because trial, eligibility criteria for partici- diseases most of us have never heard clinical trials provide cancer patients pating in the trial, as well as the loca- of, affecting between 10 and 20 million with potentially promising treatments tion of the trial. The bill also requires Americans. which are otherwise unavailable and HHS to set up information systems, in- Cancer kills half a million Americans which may be on the cutting edge of cluding a toll-free number, for pa- per year. Diabetes afflicts 15 million medical research. tients, doctors, and others to access Americans per year, half of whom do In June of this year, I convened an this critical information. The database not know they have it. Arthritis af- important hearing with my colleagues, will also include information on the re- fects 40 million Americans every year. Senators CONNIE MACK and DIANNE sults of experimental trials, enabling 15,000 American children die every FEINSTEIN, Cochairs of the Senate Can- patients to make fully informed deci- year. Among children, the rates of cer Coalition, to address recent devel- sions about medical treatment. chronic respiratory diseases—asthma, opments in breast cancer treatments Imagine facing a deadly disease and bronchitis, and sinusitis—heart mur- and research. We convened our hearing not having access to information about murs, migraine headaches, anemia, epi- on the eve of the Seventh Annual Na- the latest treatment options. Imagine lepsy, and diabetes are increasing. Few tional Race for the Cure, a race that enduring great pain and not having ac- families escape illness today. raises millions of dollars each year for cess to a centralized source of informa- THE BILL breast cancer research and education tion about existing clinical trials efforts. which may relieve your suffering or ex- The bill we introduce requires the During the hearing, we heard testi- tend your life. Imagine the arduous ef- Secretary of Health and Human Serv- mony from breast cancer advocates on fort needed to gather information ices to establish a ‘‘one-stop shopping’’ the difficulty patients and physicians about these clinical trials in order to database, including a toll-free tele- face in learning about ongoing clinical potentially benefit from cutting-edge phone number, so that patients and trials. One witness, representing Breast treatments. physicians can find out what clinical Cancer Action in California, testified Then consider what this legislation research trials are underway on experi- about the need for ‘‘One Stop Shop- will do for Americans. People with can- mental treatments for various diseases. ping’’ to find out what is available in cer, Alzheimers’ disease, Parkinsons, Callers would be able to learn the pur- terms of clinical trials for cancer cystic fibrosis, advanced heart disease, pose of the study, eligibility require- treatments. She testified that the ex- multiple sclerosis, or any other serious ments, research sites, and a contact isting Cancer Information Service at disease will be able to dial a 1–800 num- person for the research project. Infor- the National Cancer Institute is helpful ber from their home phone and access mation would have to be presented in but underfunded, and provides only the information they need about clin- plain English, not medicalese, so that partial information because it lists ical trials underway across the Nation. the average person could understand it. only publicly funded trials. It does not They will also be able to obtain infor- A CONSTITUENT SUGGESTION list, however, the 300-plus clinical mation about the results of experi- The suggestion for this information trials of private pharmaceutical com- mental trials, helping them to make center came from Nancy Evans, of San panies, producing a major knowledge treatment decisions. Francisco’s Breast Cancer Action, in a gap. All parties will benefit from this leg- June 13 hearing of the Senate Cancer This witness contrasted this dif- islation. First and foremost, it encour- Coalition, which I cochair with Senator ficulty faced by cancer patients with ages patient choice and informed deci- MACK. She described the difficulty that the ease with which AIDS patients ob- sions. But pharmaceutical companies patients have in trying to find out

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9564 CONGRESSIONAL RECORD — SENATE August 2, 1996 what experimental treatments might search effort. With a national database an FCC investigation of the complaint. be available, research trials sponsored enabling people to find research trials, In each case, Mr. President, the FCC by the Federal Government, and by pri- more people could be available to par- indicated that due to a lack of re- vate companies. Most of them are des- ticipate in research. This can help re- sources, the Commission no longer in- perate; most have tried everything. searchers broaden their pool of re- vestigates radio frequency interference She testified that the National Cancer search participants. complaints. Instead of investigation Institute has established 1–800–4–CAN- MODEST HELP FOR THE ILL and enforcement, the FCC is able to CER, but their information is incom- The bill we introduce does not guar- provide only a packet of self-help infor- plete. It does not include all trials and antee that anyone can participate in a mation for the consumer to limit the the information is often difficult for clinical research trial. Researchers interference on their own. the lay person to understand. would still control who participates Municipal residents, after being de- In addition, the National Kidney and set the requirements for the re- nied investigative or enforcement as- Cancer Association has called for a search. But for people who cling to sistance from the FCC, frequently con- central database. hopes for a cure, for people who want tact their city or town government and PEOPLE IN SERIOUS NEED to live longer, for people who want to ask them to police the interference. To understand the importance of this feel better, this database can offer a However, the Communications Act of bill, we have to stop and think about little help. 1934 provides exclusive authority to the the plight of the individuals it is in- It should not take political or other Federal Government for the regulation tended to help. These are people who connections, computer sophistication of radio, preempting municipal ordi- have a terminal illness, whose physi- or access to top-flight university med- nances or State laws regulating radio cians have tried every treatment they ical schools to find out about research frequency interference. This has cre- can find. Cancer patients, for example, on treatments of disease when you ated an interesting dilemma for munic- have probably had several rounds of have a life-threatening illness. ipal governments. They can neither chemotherapy, which has left them de- Mr. President, I hope this bill will pass their own ordinances to control bilitated, virtually lifeless. These pa- offer some hope to the millions who are CB radio interference, nor can they tients cling to slim hopes. They are suffering today and I hope Congress rely on the agency with exclusive juris- desperate to try anything. But step one will act on the bill promptly. diction over interference to enforce the is finding out what is available. very Federal law which preempts them. One survey found that a majority of By Mr. FEINGOLD: In Beloit, WI, as in many Wisconsin patients and families are willing to use S. 2025. A bill to amend the Commu- communities, this dilemma has been investigational drugs—drugs being re- nications Act of 1934 to authorize the extremely frustrating for local resi- searched but not approved—but find it States to regulate interference with dents who have been powerless to pre- difficult to locate information on re- radio frequencies; to the Committee on vent the transmissions of a neigh- search projects. A similar survey of Commerce, Science, and Transpor- boring CB enthusiast from interfering physicians found that 42 percent of tation. with their home electronic equipment. physicians are unable to find printed CB RADIO FREQUENCY INTERFERENCE One Beloit resident, after having information about rare illnesses. LEGISLATION adopted every form of filtering tech- HELP FOR PHYSICIANS Mr. FEINGOLD. Mr. President, I rise nology for her telephone and other Physicians, no matter how com- today to introduce legislation which electronic equipment, still experienced petent and well trained, also do not creates a commonsense solution to a persistent interference. Her answering necessarily know about experimental growing problem in U.S. cities and machine picks up calls for which there treatments currently being researched. towns—the Federal preemption of is no audible ring, and at times records And most Americans do not have so- State and municipal regulation of citi- ghost messages. Often, she cannot get a phisticated computer hookups that zens band [CB] radio frequency inter- dial tone when she or her family mem- provide them instant access to the lat- ference with residential home elec- bers wish to place an outgoing call. est information through commercial, tronic or telephone equipment. This During telephone conversations, the government, or medical databases. Our problem can be extremely distressing content of the nearby CB transmission witness, Nancy Evans, testified that for residents who cannot have a tele- can frequently be heard and on occa- she can find out more about a com- phone conversation or watch television sion, her phone conversations are pany’s clinical trials by calling her without being interrupted by a neigh- inexplicably cur off. Her neighbors stockbroker than by calling existing bor’s citizen band radio [CB] conversa- have experienced similar problems and services. tion. Under the current law, those resi- have complained to the Beloit City I have had many desperate families dents have little recourse. Council. call me, their U.S. Senator, seeking Interference of CB radio signals with Last month, the Beloit City Council, help. Others have lodged their pleas at household electronic equipment such exasperated by FCC inaction on this the White House. Others call lawyers, as telephones, radios, and televisions matter, passed an ordinance allowing 911, the local medical society, the local has been regulated by the Federal Com- the city to enforce FCC regulations on chamber of commerce, anything they munications Commission [FCC] for this type of inference. While the coun- can think of. Getting information on nearly 30 years. Up until recently, the cil knew that, if challenged under cur- health research projects should not re- FCC has enforced rules outlining what rent law, their ordinance would likely quire a fishing expedition of futile equipment may or may not be used for not be upheld by the courts, they felt calls, good connections, or the involve- CB radio transmissions, what content they had little choice if they wished to ment of elected officials. may or may not be transmitted, how address their constituents concerns. In 1988, Congress directed HHS to es- long transmissions may be broadcast, Mr. President, it is not fair that mu- tablish an AIDS Clinical Trials Infor- what channels may be used, as well as nicipalities and their residents should mation Service. It is now operational, many other technical details. FCC also be hamstrung by an outdated Federal 1–800–TRIALS–A, so that patients, pro- investigated complaints that a per- preemption of laws the Federal Govern- viders, and their families can find out sonal radio enthusiast’s transmissions ment no longer has the resources to en- more about AIDS clinical trials. All interfered with a neighbor’s use of force. calls are confidential and experienced home electronic and telephone equip- The legislation I am introducing professionals at the service can tell ment. FCC receives nearly 45,000 such today will help the city of Beloit, and people about research trials underway complaints annually. many other municipalities like it, to which are evaluating experimental Mr. President, for the past 3 years I regulate CB radio transmissions and to drugs and other therapies at all stages have worked with constituents who enforce those regulations. My bill pro- of HIV infection. have been bothered by persistent inter- vides a limited exception to the Fed- IMPROVING HEALTH, RESEARCH ference of nearby CB radio trans- eral preemption of State or local laws Facilitating access to information missions. In each case, the constitu- on radio frequency interference. It sim- can also strengthen our health re- ents have sought my help in securing ply allows State and local governments

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9565 to regulate CB radio interference when ployees and are thus exempt from the ups without interruption. After all, we that interference results from a viola- act. In contrast, most commissioned owe it to our children to do whatever is tion of FCC rules. Thus, States and inside sales employees are not treated possible to preserve the environment, municipalities can use their enforce- as professionals regardless of the simi- to protect the public health and to pro- ment resources to investigate and en- larly of their duties with regard to out- vide for the future. force Federal law thereby protecting side sales employees. Mr. President, I ask unanimous con- the rights of their residents. Even the Despite dramatic changes in the sent that the text of the bill be printed FCC recognizes that States and local- workplace since 1961, the FLSA con- in the RECORD. ities need to be able to protect their tinues to subject professional commis- There being no objection, the bill was citizens. sioned sales employees to an outdated, ordered to be printed in the RECORD, as Mr. President, this bill simply allows static view of the economy. Therefore, follows: common sense to prevail. If Federal today I am introducing legislation to S. 2027 regulators cannot enforce the rules extend the limited FLSA exemption to Be it enacted by the Senate and House of Rep- over which they have exclusive juris- all commissioned inside sales per- resentatives of the United States of America in diction, States and localities should be sonnel. This bill is identical to H.R. Congress assembled, given the authority to investigate and 1226 which was introduced by Rep- SECTION 1. 5-YEAR EXTENSION OF HAZARDOUS enforce those regulations for them. I resentative HARRIS FAWELL. SUBSTANCE SUPERFUND. hope my colleagues will support this (a) EXTENSION OF TAXES.— By Mr. LAUTENBERG: (1) The following provisions of the Internal important legislation. Revenue Code of 1986 are each amended by Mr. President, I ask unanimous con- S. 2027. A bill to provide for a 5-year extension of Hazardous Substance striking ‘‘January 1, 1996’’ each place it ap- sent that the bill be printed in the pears and inserting ‘‘January 1, 2001’’: RECORD. Superfund, and for other purposes; to (A) Section 59A(e)(1) (relating to applica- There being no objection, the bill was the Committee on Finance. tion of environmental tax). ordered to be printed in the RECORD, as THE SUPERFUND TAXES EXTENSION ACT OF 1996 (B) Paragraphs (1) and (3) of section 4611(e) follows: Mr. LAUTENBERG. Mr. President, I (relating to application of Hazardous Sub- stance Superfund financing rate). S. 2025 rise today to introduce legislation to extend the Superfund taxes, which (2) Paragraph (2) of section 4611(e) of such Be it enacted by the Senate and House of Rep- Code is amended— resentatives of the United States of America in have been in place since 1980. (A) by striking ‘‘1993’’ and inserting ‘‘1998’’, Congress assembled, Mr. President, the Superfund pro- (B) by striking ‘‘1994’’ each place it appears SECTION 1. AUTHORITY OF STATES TO REGU- gram provides for cleaning-up those and inserting ‘‘1999’’, and LATE RADIO FREQUENCY INTER- toxic waste sites that pose the most se- (C) by striking ‘‘1995’’ each place it appears FERENCE. rious threats to our environment and and inserting ‘‘2000’’. Section 302 of the Communications Act of to our health. The program is largely (b) INCREASE IN AGGREGATE TAX WHICH 1934 (47 U.S.C. 302) is amended by adding at funded by a chemical and oil feedstock MAY BE COLLECTED.—Paragraph (3) of sec- the end the following: tion 4611(e) of such Code is amended by strik- (e) Where radio frequency interference to tax and by taxes on corporate environ- ing ‘‘$11,970,000,000’’ each place it appears and home electronic equipment is caused by a CB mental entities, such as petrochemical inserting ‘‘$22,000,000,000’’ and by striking Radio Station through the use of a trans- companies. ‘‘December 31, 1995’’ and inserting ‘‘Decem- mitter or amplifier that is not authorized for Mr. President, few of us may be ber 31, 2000’’. use by a CB Radio Station pursuant to Com- aware of the fact that these taxes ex- (c) EXTENSION OF REPAYMENT DEADLINE FOR mission rules, the state, county, municipal, pired in December of 1995. Since that SUPERFUND BORROWING.—Subparagraph (B) or other local government shall not be pre- time, not one single penny has been as- of section 9507(d)(3) of such Code is amended empted from exercising its police powers to sessed to replenish the Superfund, and by striking ‘‘December 31, 1995’’ and insert- ing ‘‘December 31, 2000’’. resolve the interference by prohibiting the so protect our ability to cleanup toxic use of such unauthorized equipment or by (d) EXTENSION OF TRUST FUND PURPOSES.— imposing fines or other monetary sanctions. sites in the future. Subparagraph (A) of section 9507(c)(1) of such For purposes of this subsection, home elec- The failure to extend the Superfund Code is amended— tronic equipment includes, but is not limited tax is causing us to lose $4 million dol- (1) by striking clause (i) and inserting the to, television receivers, radio receivers, lars a day. That is $4 million a day following: stereo components or systems, video cassette which could be used to expedite the ‘‘(i) paragraphs (1), (2), (5), (6), (7), (8), (9), recorders, audio recorders, loud speakers, cleanup at existing Superfund sites, or and (10) of section 111(a) of CERCLA as in ef- telephone equipment, and other electronic fund the revitalization of additional fect on the date of the enactment of the devices normally used in the home. Any ac- Superfund Reform Act of 1995,’’, and sites. (2) by striking clause (iii) and inserting the tion taken by the state, county, municipal, It has been argued that we have suffi- or local government shall not preclude con- following: current action by the Commission. Nothing cient monies in the Superfund trust ‘‘(iii) subsections (m), (n), (q), (r), (s), and in this subsection shall be construed to di- fund to carry us for the next few years, (t) of section 111 of CERCLA (as so in effect), minish the Commission’s exclusive jurisdic- although there is disagreement con- or’’. tion over radio frequency interference in any cerning how long the money will last. (e) EXTENSION OF AUTHORIZATION OF APPRO- matter outside the scope of this subsection. However, Superfund monies are used PRIATIONS TO TRUST FUND.—Subsection (b) of for long-term construction projects. By section 517 of the Superfund Revenue Act of 1986 (26 U.S.C. 9507 note) is amended by strik- By Mr. FAIRCLOTH (for himself, utilizing these funds for other pur- Mrs. KASSEBAUM, Mr. COATS, ing ‘‘and’’ at the end of paragraph (8), by poses, we squander our ability to do striking the period at the end of paragraph Mr. ASHCROFT, Mr. DEWINE, Mr. long range planning and to continue (9) and inserting a comma, and by adding at FRIST, and Mr. GORTON): cleanups without interruption. the end the following new paragraphs: S. 2026. A bill to amend the Fair Mr. President, as someone who spent ‘‘(10) 1996, $250,000,000, Labor Standards Act of 1938 to make most of my life as a businessman, I rec- ‘‘(11) 1997, $250,000,000, uniform the application of the over- ognize the importance of long term ‘‘(12) 1998, $250,000,000, and ‘‘(13) 1999, $250,000,000,’’. time exemption for inside sales per- planning. And I understand the real (f) COORDINATION WITH OTHER PROVI- sonnel, and for other purposes; to the costs associated with stopping and re- Committee on Labor and Human Re- SIONS.—Paragraph (2) of section 9507(e) of the starting a project; it is never efficient Internal Revenue sources. or cost effective. OVERTIME EXEMPTION LEGISLATION Mr. President, I and the citizens of By Mr. LAUTENBERG (for him- Mr. FAIRCLOTH. Mr. President, in New Jersey, lived through the funding self, Mr. BAUCUS, Mr. REID, Mr. 1961, Congress amended the Fair Labor crisis of 1984–1985. The subsequent dis- MOYNIHAN, and Mr. GRAHAM): Standards Act to provide a narrow ruption of cleanups caused unnecessary S. 2028. A bill to assist the States and overtime exemption for commissioned hardships for the citizens of my state. local governments in assessing and re- employees in retail and service estab- I don’t want to go through that again. mediating brownfields and encouraging lishments. Under section 207(i) of the We need to ensure that we have suffi- environmental cleanup programs, and FLSA, outside commissioned sales em- cient financial resources to plan for, for other purposes; to the Committee ployees are treated as professional em- contract and continue Superfund clean- on Environment and Public Works.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9566 CONGRESSIONAL RECORD — SENATE August 2, 1996 THE BROWNFIELDS AND ENVIRONMENTAL over 100,000 brownfields that don’t fall The bill also limits the liability of CLEANUP ACT OF 1996 under Superfund, because of lower lev- banks and other lending institutions, Mr. LAUTENBERG. Mr. President, els of contamination. which hold title merely as a result of today, along with Senators BAUCUS and The risks posed by many of these their security interest in the property. REID, I am introducing the Brownfields sites may be relatively low. But their As long as they did not participate in and Environmental Cleanup Act of full economic use is being stymied, be- the management of the site, the insti- 1996. This legislation is designed to fos- cause there’s no ready mechanism for tutions could not be held liable. ter the cleanup and reuse of thousands fostering and financing cleanups—even My bill would make similar reforms of lightly contaminated and abandoned when the property owner is ready, will- in the area of fiduciary liability, and properties across the country. ing and eager to do so. In addition, pro- would limit the liability for those who Mr. President, I have long been inter- spective purchasers, developers and merely act as trustees or executors. ested in the issue of abandoned, under- bankers are reluctant to invest in Cleaning up brownfields means a utilized and contaminated industrial brownfields because they could be held safer environment in the future, and properties, commonly known as liable for cleaning up the contamina- more jobs for places that need them in brownfields. tion. the present. For years, decaying industrial plants This is unfortunate because, as I have defined the skyline and contami- noted these abandoned or underutilized Mr. President, the introduction of nated the land in many of our urban, sites have enormous potential for eco- this bill is not a substitute for a Super- suburban, and rural areas. nomic development. fund bill. Throughout this session of Their rusting frames, like aging sky- To unleash this potential, several Congress, Senators BAUCUS, SMITH, scrapers, are a silent reminder of the States—including New Jersey—have CHAFEE, and I have worked long and manufacturers that left, taking jobs— developed expedited procedures to hard to try and craft a Superfund bill and often hope—with them. clean-up sites that do not pose a sig- which we could all agree on and the Yet, in these fallow fields may lie the nificant threat to public health or the President could sign into law. seeds of economic revitalization. I con- environment. However, I am forced to acknowledge tinue to feel, as I did when I introduced Under these cleanup programs, own- that the calendar is against us at this similar legislation in 1993, that a ers can volunteer to pay for the costs point. Consequently, I think it is im- brownfields’ cleanup program can spur of remediation and State oversight. In portant to use the time remaining to significant economic development and return, they get a letter from the State focus on one of the areas where there is create jobs. Such a cleanup initiative which assures prospective buyers and general consensus—the desire to facili- makes good environmental sense, and lenders that the property has been tate the cleanup and development of good business sense. cleaned up to the Government’s satis- blighted areas, and to provide the legis- In fact, if one picture is worth a faction, and that other parties need not lative framework to make this pos- thousand words, then we need only worry about potential liability. This sible. look at a few of the brownfields’ suc- so-called clean bill of health removes a Interest in fostering the cleanup of cess stories in my State of New Jersey. major impediment to economic devel- brownfields has been bipartisan, and it In Hackensack, the city’s department opment, and it can help revitalize stag- exists in both in our own body and of public works yard, and an adjacent nant local economies. among our colleagues on the other side In New Jersey, 550 parties signed up oil tank farm, have been redeveloped as of the Capitol. It also has the strong for the State’s voluntary cleanup pro- a Price Club discount store, complete backing of the EPA, and I want to gram in just the first 18 months of its with riverwalk and park area. The site existence. The economic benefits, in thank Director Carol Browner for her is now estimated to be worth about $15 terms of jobs and economic develop- support. million dollars, and the project has cre- ment, are undeniable. Moreover, this bill is largely based on ated 350 jobs. But if we are to move forward, if we S. 773, which was unanimously reported Near Elizabeth, NJ, a withering are to foster economic revitalization by the Environment and Public Works brownfield has been converted into a and economic renewal, if we are to con- Committee in the 103d Congress, and on thriving IKEA furniture store. tinue this public-private partnership the lender, prospective purchaser and The story is the same across the for progress, then we must remove all innocent landowner provisions in S. country, where unused, unattractive major roadblocks to brownfields’ clean- 1285 and S. 1834, that was reported by land is being transformed into valuable up and reuse. the Environment and Public Works community assets. My legislation addresses the major Committee last Congress. A pilot project in Cleveland resulted barriers preventing redevelopment of Mr. President, as ranking Demo- in $3.2 million in private investment, a brownfields sites. cratic member of the Superfund Sub- $1 million increase in the local tax This bill would provide financial as- committee of the Environment and base, and more than 170 new jobs. And sistance, in the form of grants, to local Public Works Committee, I am com- in Buffalo, NY, a hydroponic tomato and State governments to evaluate mitted to continuing the quest to re- farm was built on a former Republic brownfields sites. Consequently, inter- form the Superfund program. But I be- Steel site, bringing 300 new jobs to the ested parties would know what is re- lieve that we should move ahead, now, area. quired to clean the site, and what reuse to cleanup thousands of priority sites In fact, the potential for job creation would best suit the property. not governed by the Superfund. is enormous. And every revitalized My bill would also provide grants to This is an area where we can—and brownfield may represent a field of State and local governments to estab- should—put aside our differences and dreams to an unemployed worker. lish and capitalize low-interest loan work for a goal which we all embrace. Mr. President, while fostering jobs, programs for cleanups. These funds Mr. President, our citizens want brownfields’ cleanup also means that could be lent to current owners, pro- progress on both the environmental dangerous contaminants are removed spective purchasers, and municipali- and economic fronts. The Brownfields from our environment. The subsequent ties. benefit to our—and our children’s— The minimal seed money envisioned legislation that I introduce today sup- health could be enormous. Further- by this program would leverage sub- ports both goals. It creates a vehicle more, the scars of decades of neglected stantial economic payoffs, and turn for cleanups which can help keep us on- industrial waste, which disfigure our lands which may be of negative worth board for environmental improvement cities and suburbs, may finally be al- into assets for the future. and on-track for economic growth. lowed to heal. This legislation would also place lim- Mr. President, I ask unanimous con- Brownfield initiatives are important, its on the potential liability of inno- sent to print a copy of the bill in the because the Superfund Program only cent property buyers. So long as pur- RECORD. provides for cleaning-up those aban- chasers or landowners made reasonable There being no objection, the bill was doned waste sites that pose the most inquires, they would be exempt from ordered to be printed in the RECORD, as serious threats. However, there are Superfund liability. follows:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9567 S. 2028 (2) encouraging local governments and pri- entered into by the President and is still in Be it enacted by the Senate and House of Rep- vate parties, including local community de- effect under– resentatives of the United States of America in velopment organizations, to participate in (I) the Comprehensive Environmental Re- Congress assembled, programs, such as State cleanup programs, sponse, Compensation, and Liability Act of SECTION 1. SHORT TITLE. that facilitate expedited response actions 1980 (42 U.S.C. 9601 et seq.); This Act may be cited as the ‘‘Brownfields that are consistent with business needs at af- (II) the Solid Waste Disposal Act (42 U.S.C. and Environmental Cleanup Act of 1996’’. fected sites; 6901, et seq.); (III) the Federal Water Pollution Control SEC. 2. FINDINGS AND PURPOSE. (3) directing the Administrator to establish programs that provide financial assistance Act (33 U.S.C. 1251 et seq.); (a) FINDINGS.—Congress finds that— (IV) the Toxic Substances Control Act (15 (1) past uses of land in the United States to— U.S.C. 2601 et seq.); or for industrial and commercial purposes have (A) facilitate site assessments of certain (V) title XIV of the Public Health Service created many sites throughout the United affected sites; Act (commonly known as the ‘‘Safe Drinking States that have environmental contamina- (B) encourage cleanup of appropriate sites Water Act’’) (42 U.S.C. 300f et seq.); tion; through capitalization of loan programs; and (viii) any facility at which assistance for (2) Congress and the governments of States (C) encouraging workforce development in response activities may be obtained pursuant and political subdivisions of States have en- areas adversely affected by contaminated to subtitle I of the Solid Waste Disposal Act acted laws to— properties; and (A) prevent environmental contamination; (4) reducing transaction costs and paper- (42 U.S.C. 6991 et seq.) from the Leaking Un- and work, and preventing needless duplication of derground Storage Tank Trust Fund estab- (B) carry out response actions to correct effort and delay at all levels of government. lished by section 9508 of the Internal Rev- past instances of environmental contamina- SEC. 3. DEFINITIONS. enue Code of 1986; and (ix) a facility owned or operated by a de- tion; As used in this Act (unless the context partment, agency or instrumentality of the (3) many sites are minimally contami- clearly requires otherwise): United States, except for lands held in trust nated, do not pose serious threats to human (1) ADMINISTRATIVE COSTS.—The term ‘‘ad- by the United States for Indian tribes. health or the environment, and can be satis- ministrative costs’’ means eligible costs that (4) CONTAMINANT.—The term ‘‘contami- factorily remediated expeditiously with lit- are not nonadministrative costs. nant’’ includes any hazardous substance (as tle government oversight; (2) ADMINISTRATOR.—The term ‘‘Adminis- defined in section 101(14) of the Comprehen- (4) promoting the assessment, cleanup and trator’’ means the Administrator of the En- sive Environmental Response, Compensa- redevelopment of contaminated sites could vironmental Protection Agency. tion, and Liability Act of 1980 (42 U.S.C. lead to significant environmental and eco- (3) AFFECTED SITE.— 9601(14)). nomic benefits, particularly in any case in (A) IN GENERAL.—Except as provided in which a cleanup can be completed quickly (5) CURRENT OWNER.—The term ‘‘current subparagraph (B), the term ‘‘affected site’’ owner’’ means, with respect to a voluntary and during a period of time that meets short- means a facility that has or is suspected of term business needs; cleanup, an owner of an affected site or facil- having environmental contamination that— ity at the time of the cleanup. (5) the private market demand for sites af- (i) could prevent the timely use, reuse, or fected by environmental contamination fre- (6) DISPOSAL.—The term ‘‘disposal’’ has the redevelopment of the facility; and meaning provided the term in section 1004(3) quently is reduced, often due to uncertain- (ii) is relatively limited in scope or sever- ties regarding liability or potential cleanup of the Solid Waste Disposal Act (42 U.S.C. ity and can be comprehensively character- 6903(3)). costs of innocent landowners, lenders, fidu- ized and readily analyzed. ciaries, and prospective purchasers under (7) ENVIRONMENT.—The term ‘‘environ- (B) EXCEPTIONS.—The term does not in- ment’’ has the meaning provided the term in Federal law: clude— (6) the abandonment or underutilization of section 101(8) of the Comprehensive Environ- (i) any facility that is the subject of a affected sites impairs the ability of the Fed- mental Response, Compensation, and Liabil- planned or an ongoing response action under eral Government and the governments of ity Act of 1980 (42 U.S.C. 9601(8)). the Comprehensive Environmental Response, States and political subdivisions of States to (8) ENVIRONMENTAL CONTAMINATION.—The Compensation, and Liability Act of 1980 (42 provide economic opportunities for the peo- term ‘‘environmental contamination’’ means U.S.C. 9601 et seq.), except that the term in- ple of the United States, particularly the un- the existence at a facility of 1 or more con- cludes a facility for which a preliminary as- employed and economically disadvantaged; taminants that may pose a threat to human sessment, site investigation or removal ac- (7) the abandonment or underuse of af- health or the environment. tion has been completed and with respect to fected sites also results in the inefficient use (9) FACILITY.—The term ‘‘facility’’ has the which the Administrator has decided not to of public facilities and services, as well as meaning provided the term in section 101(9) take further response action, including cost land and other natural resources, and ex- of the Comprehensive Environmental Re- recovery action; tends conditions of blight in local commu- sponse, Compensation, and Liability Act of (ii) any facility included, or proposed for nities; 1980 (42 U.S.C. 9601(9)). (8) cooperation among Federal agencies, inclusion, on the National Priorities List (10) GRANT.—The term ‘‘grant’’ includes a departments and agencies of State and polit- maintained by the Administrator under such cooperative agreement. ical subdivisions of States, local community Act; (11) GROUND WATER.—The term ‘‘ground development organizations, and current own- (iii) any facility with respect to which a water’’ has the meaning provided the term in ers and prospective purchasers of affected record of decision, other than a no-action section 101(12) of the Comprehensive Envi- sites is required to accomplish timely re- record of decision, has been issued by the ronmental Response, Compensation, and Li- sponse actions and the redevelopment or President under section 104 of the Com- ability Act of 1980 (42 U.S.C. 9601(12)). reuse of affected sites; prehensive Environmental Response, Com- (12) INDIAN TRIBE.—The term ‘‘Indian (9) there is a need for a program to— pensation, and Liability Act of 1980 (42 tribe’’ has the meaning provided the term in (A) encourage cleanups of affected sites; U.S.C. 9604) with respect to the facility; section 101(36) of the Comprehensive Envi- and (iv) any facility that is subject to correc- ronmental Response, Compensation, and Li- (B) facilitate the establishment and en- tive action under section 3004(u) or 3008(h) of ability Act of 1980 (42 U.S.C. 9601(36)). hancement of programs by States and local the Solid Waste Disposal Act (42 U.S.C. (13) LOCAL GOVERNMENT.—The term ‘‘local governments to foster cleanups of affected 6924(u) or 6928(h)) at the time that an appli- government’’ has the meaning provided the site though capitalization of loan programs; cation for loan assistance with respect to the term ‘‘unit of general local government’’ in and facility is submitted under this title, includ- the first sentence of section 102(a)(1) of the (10) there is a need to provide financial in- ing any facility with respect to which a cor- Housing and Community Development Act of centives and assistance to characterize cer- rective action permit or order has been 1974 (42 U.S.C. 5302(a)(1)), except that the tain affected sites and facilitate the cleanup issued or modified to require the implemen- term includes Indian tribe. of the sites so that the sites may be redevel- tation of corrective measures; (14) NATURAL RESOURCES.—The term ‘‘nat- oped for beneficial uses. (v) any land disposal unit with respect to ural resources’’ has the meaning provided (b) PURPOSE.—The purpose of this Act is to which a closure notification under subtitle C the term in section 101(16) of the Comprehen- create new business and employment oppor- of the Solid Waste Disposal Act (42 U.S.C. sive Environmental Response, Compensa- tunities through the economic redevelop- 6921 et seq.) has been submitted and closure tion, Liability Act of 1980 (42 U.S.C. 9601(16)). ment of affected sites that generally do not requirements have been specified in a closure (15) NONADMINISTRATIVE COSTS.—The term pose a serious threat to human health or the plan or permit; ‘‘nonadministrative costs’’ includes the cost environment and to stimulate the assess- (vi) any facility at which there has been a of— ment and cleanup of affected sites by— release of polychlorinated biphenyls and that (A) inventorying and classifying properties (1) encouraging States and local govern- is subject to the requirements of the Toxic with probable contamination; ments to provide for characterization and Substances Control Act (15 U.S.C. 2601 et (B) oversight for a cleanup at an affected cleanup of sites that may not be remediated seq.); site by a contractor, current owner, or pro- under other environmental laws (including (vii) any facility with respect to which an spective purchaser; regulations) in effect on the date of enact- administrative order on consent or a judicial (C) identifying the probable extent and na- ment of this Act; consent decree requiring cleanup has been ture of environmental contamination at the

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affected site, and the preferred manner of pected environmental contamination within (B) GRANT CONDITIONS.—As a condition for carrying out a cleanup at the affected site; the areas. awarding a grant under this section, the Ad- (D) the cleanup, including onsite and off- (B) The need for Federal support. ministrator may, on the basis of the criteria site treatment of contaminants; and (C) A demonstration of the potential of the considered under subparagraph (A), attach (E) monitoring ground water or other nat- assistance to stimulate economic develop- such conditions to the grant award as the ural resources at the affected site. ment, including the extent to which the as- Administrator determines appropriate. (16) OWNER.—The term ‘‘owner’’ has the sistance will stimulate the availability of (4) GRANT AMOUNT.—The amount of a grant meaning provided the term in section 101(20) other funds for site characterization, site awarded to any local government under sub- of the Comprehensive Environmental Re- identification, or environmental remediation section (a) for characterization of an affected sponse, Compensation, and Liability Act of and subsequent redevelopment of the areas site or sites shall not exceed $200,000. 1980 (42 U.S.C. 9601(20)). in which eligible brownfields sites are situ- (5) TERMINATION OF GRANTS.—If the Admin- (17) PERSON.—The term ‘‘person’’ has the ated. istrator determines that a local government meaning provided the term in section 101(21) (D) The existing local commitment, which that receives a grant under this subsection is of the Comprehensive Environmental Re- shall include a community involvement plan in violation of a condition of a grant award sponse, Compensation, and Liability Act of that demonstrates meaningful community referred to in paragraph (3), the Adminis- 1980 (42 U.S.C. 9601(21)). involvement. trator may terminate the grant made to the (18) PROSPECTIVE PURCHASER.—The term (E) A plan that shows how the site charac- local government and require full or partial ‘‘prospective purchaser’’ means a prospective terization, site identification, or environ- repayment of the grant award. purchaser of an affected site. mental remediation and subsequent develop- SEC. 102. ECONOMIC REDEVELOPMENT ASSIST- (19) RELEASE—The term ‘‘release’’ has the ment shall be implemented, including an en- ANCE GRANTS FOR LOAN PRO- meaning provided the term in section 101(22) vironmental plan that ensures the use of GRAMS. of the Comprehensive Environmental Re- sound environmental procedures, an expla- (a) ESTABLISHMENT OF PROGRAM.—The Ad- sponse, Compensation, and Liability Act of nation of the existing appropriate govern- ministrator shall establish a program to pro- 1980 (42 U.S.C. 9601(22)). ment authority and support for the project, vide grants to be used by State or local gov- (20) RESPONSE ACTION.—The term ‘‘response proposed funding mechanisms for any addi- ernments to capitalize loan programs for the action’’ has the meaning provided the term tional work, and the proposed land owner- cleanup of affected sites. These loans may be ‘‘response’’ in section 102(25) of such Act (42 ship plan. provided by the State or local government to U.S.C. 9601(25)). (F) A statement on the long-term benefits finance cleanups of affected sites by the (21) SITE CHARACTERIZATION.— and the sustainability of the proposed State or local government, or by an owner or (A) IN GENERAL.—The term ‘‘site character- project that includes the national a prospective purchaser of an affected site ization’’ means an investigation that deter- replicability and measures of success of the (including a local government) at which a mines the nature and extent of a release or project and, to the extent known, the poten- cleanup is being conducted or is proposed to potential release of a hazardous substance at tial of the plan for the areas in which eligi- be conducted under Federal or State author- a site and meets the requirements referred to ble brownfields sites are situated to stimu- ity, including a State voluntary clean-up in subparagraph (B). late economic development of the area on program. (B) INVESTIGATION.—For the purposes of completion of the environmental remedi- (b) SCOPE OF PROGRAM.— this paragraph, an investigation that meets ation. (1) IN GENERAL.— the requirements of this subparagraph— (G) A statement that describes how the (A) GRANTS.—The Administrator may (i) shall include— proposed site inventory and characterization award a grant to a local or State government (I) an onsite evaluation; and program will analyze the extent to which the that is an eligible applicant described in sub- (II) sufficient testing, sampling, and other project or projects will reduce potential section (a)(1) that submits an application to field data gathering activities to accurately health and environmental threats caused by the Administrator that is approved by the determine whether the site is contaminated the presence of or potential releases of con- Administrator. The grant monies shall be and the threats to human health and the en- taminants at or from the site or sites. used by the local or State government to vironment posed by the release of contami- (H) A plan for the distribution of the grant capitalize a loan fund to be used for cleanup nants at the site; and monies among sites within the jurisdiction of an affected site or affected sites. (ii) may also include— of the State or local government, including (B) GRANT APPLICATION.—An application (I) review of existing information regard- mechanisms to ensure a fair distribution of for a grant under this section shall be in ing the site and previous uses (available at the grant monies. such form as the Administrator determines the time of the review); and (I) Such other factors as the Administrator appropriate. At a minimum, the application (II) an offsite evaluation, if appropriate. considers relevant to carry out the purposes submitted by the State or local government (22) STATE.—The term ‘‘State’’ has the of this title. to establish a revolving loan program shall meaning provided the term under section (3) APPROVAL OF APPLICATION.— include the following: 101(27) of the Comprehensive Environmental (A) IN GENERAL.—In making a decision (i) Insofar as the sites within their juris- Response, Compensation, and Liability Act whether to approve an application submitted diction have been identified and information of 1980 (42 U.S.C. 9601(27)). under paragraph (1) the Administrator shall as to the contaminated sites is known, a de- consider the criteria in the application, scription of the affected site or sites, includ- TITLE I—BROWNFIELD REMEDIATION and— ing the nature and extent of any known or AND ENVIRONMENTAL CLEANUP (i) the financial need of the State or local suspected environmental contamination at SEC. 101. SITE CHARACTERIZATION GRANT PRO- government for funds to conduct a charac- the affected site or sites. GRAM. terization of the site or sites; (ii) Identification of the criteria to be used (a) IN GENERAL.—The Administrator shall (ii) the demonstrable potential of the af- by the local or State government in pro- establish a program to provide grants to fected site or sites for stimulating economic viding for loans under the program. This cri- local governments to inventory brownfield development on completion of the cleanup of teria shall include the financial standing of sites and to conduct site characterizations of the affected site if the cleanup is necessary; the applicants for the loans, the use to which affected sites at which cleanups are being (iii) to the extent information is available, the loans will be put, and the provisions to conducted or are proposed to be conducted the estimated fair market value of the site be used to ensure repayment of the funds. under a State voluntary cleanup program, or sites (4) after cleanup; These criteria shall also include: State superfund program, or other State (iv) to the extent information is available, (I) A complete description of the financial cleanup program. other economically viable, commercial ac- standing of the applicant that includes a de- (b) SCOPE OF PROGRAM.— tivity on real property— scription of the assets, cash flow, and liabil- (1) GRANT AWARDS.—In carrying out the (I) located within the immediate vicinity ities of the applicant. program establish under subsection (a), the of the affected site at the time of consider- (II) A written certification that attests Administrator may award a grant to the ation of the application; or that the applicant has attempted, and has head of each local government that submits (II) projected to be located within the im- been unable, to secure financing from a pri- to the Administrator an application (that is mediate vicinity of the affected site by the vate lending institution for the cleanup ac- approved by the Administrator) to conduct date that is 5 years after the date of the con- tion that is the subject of the loan applica- an inventory of sites and a site characteriza- sideration of the application; tion. tion at an affected site or sites within the ju- (v) the potential of the affected site for (III) The proposed method, and anticipated risdiction of the local government. creating new business and employment op- period of time required, to clean up the envi- (2) GRANT APPLICATION.—An application for portunities on completion of the cleanup of ronmental contamination at the affected a grant under this section shall include, at a the site; site. minimum, each of the following: (vi) whether the affected site is located in (IV) An estimate of the proposed total cost (A) An identification of the brownfield an economically distressed community; and of the cleanup to be conducted at the site. areas for which assistance is sought and a (vii) such other factors as the Adminis- (V) An analysis that demonstrates the po- description of the effect of the brownfields trator considers relevant to carry out the tential of the affected site for stimulating on the community, including a description of purposes of the grant program under this economic development on completion of the the nature and extent of any known or sus- section. cleanup of the site.

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(2) GRANT APPROVAL.—In determining essary steps to ensure, that the loan recipi- (c) AVAILABILITY OF FUNDS.—The amounts whether to award a grant under this section, ent shall use the loan funds solely for the appropriated pursuant to this section shall the administrator shall consider— purposes stated in paragraph (3), and shall remain available until expended. (A) the need of the local or State govern- require the return any excess funds imme- SEC. 106. REPORTS. ment for financial assistance to clean up the diately on a determination by the appro- (a) IN GENERAL.—Not later than 1 year affected site or sites that are the subject of priate State or local official that the cleanup after the date of enactment of this Act, and the application, taking into consideration has been completed. not later than January 31 of each of the 3 the financial resources available to the local (5) The funds shall not be transferable, un- calendar years thereafter, the Administrator or State government; less the Administrator agrees to the transfer shall prepare and submit a report describing (B) the ability of the local or State govern- in writing. the achievements of each program estab- ment to ensure that the applicants repay the (6) LIEN.— lished under this title to— loans in a timely manner; (A) IN GENERAL.—A lien in favor of the (1) the Committee on Environment and (C) the extent to which the cleanup of the State shall arise on the contaminated prop- Public Works of the Senate; and affected site or sites would reduce health and erty subject to a loan under this section. The (2) the Committee on Energy and Com- environmental risks caused by the release of lien shall cover all real property included in merce of the House of Representatives. contaminants at, or from, the affected site the legal description of the property at the (b) CONTENTS OF REPORT.—Each report or sites; time the loan agreement provided for in this shall, with respect to each of the programs (D) the demonstrable potential of the af- section is signed, and all rights to the prop- established under this title, include a de- fected site or sites for stimulating economic erty, and shall continue until the terms and scription of— development on completion of the cleanup; conditions of the loan agreement have been (1) the number of applications received by (E) the demonstrated ability of the local or fully satisfied. The lien shall arise at the the Administrator during the preceding cal- State. Government to administer such a loan time a security interest is appropriately re- endar year; program; corded in the real property records of the ap- (2) the number of applications approved by (F) the demonstrated experience of the propriate office of the State, county, or the Administrator during the preceding cal- local or State government regarding other governmental subdivision, as des- endar year; and brownfields and the reuse of contaminated ignated by State law, in which the real prop- (3) the allocation of assistance under sec- land, including whether or not the govern- erty subject to the lien is located, and shall tions 101 and 102 among the States and local ment has received grant monies under the be subject to the rights of any purchaser, governments for assistance under this title. Comprehensive Environmental Response, holder of a security interest, or judgment Compensation, and Liability Act of 1980 (42 SEC. 107. FUNDING. lien creditor whose interest is or has been U.S.C. 9601 et seq.) to characterize (a) ADMINISTRATIVE COST LIMITATION.—Not perfected under applicable State law before brownfields sites provided however that ap- more than 15 percent of the amount of a the notice has been filed in the appropriate plicants who have not previously received grant made pursuant to this title may be office within the State, county, or other gov- such grant monies may also be considered used for administrative costs. No grant made ernmental subdivision, as designated by for awards under this section; pursuant to this title may be used to pay for (G) the efficiency of having the loan ad- State law, in which the real property subject fines or penalties owed to a State or the Fed- ministered by the applicant entity level of to the lien is located. eral Government, or for Federal cost-sharing (B) DEFINITIONS.—In this paragraph, the government; requirements. (H) the experience of administering any terms ‘‘security interest’’ and ‘‘purchaser’’ (b) OTHER LIMITATIONS.—Funds made avail- loan programs by the entity, including the have the meanings provided in section able to a State or local government pursuant loan repayment rates; 6323(h) of the Internal Revenue Code of 1986. to the grant programs established under sec- (I) the demonstrations made regarding the (7) Such other terms and conditions that tions 101 and 102 shall be used only for ability of the local or State government to the Administrator determines to be nec- inventorying, assessing, and characterizing ensure a fair distribution of grant monies essary to protect the financial interests of sites as authorized by this Act, and for cap- among sites within their jurisdiction; and the United States or to protect human italizing a loan program as authorized by (J) such other factors as the Administrator health and the environment. this Act. Funds made available under this considers relevant to carry out the purposes (e) AUDITS.—The Inspector General of the title may not be used to relieve a local gov- of the loan program established under this Environmental Protection Agency shall ernment or State of the commitment or re- section. audit a portion of the grants awarded under sponsibilities of the local government or (3) GRANT AMOUNT—The amount of a grant this section to ensure that all funds are used State under State law to assist or carry out made to a local or State applicant under this for the purposes set forth in this section. The cleanup actions at affected sites. section shall not exceed $500,000. result of the audit shall be taken into ac- SEC. 108. STATUTORY CONSTRUCTION. (4) STATE APPROVAL.—Each application for count in awarding any future grant monies Nothing in this title is intended to affect a grant under this section shall, as a condi- to the entity of State or local government. the liability or response authorities for envi- tion for approval by the Administrator, in- SEC. 103. REGULATIONS. ronmental contamination of any other law clude a written statement by the local or The Administrator may promulgate such (including any regulation), including— State government that cleanups to be funded regulations as are necessary to carry out (1) the Comprehensive Environmental Re- under their loan programs shall be conducted this Act. The regulations shall include the sponse, Compensation, and Liability Act of under the auspices of and compliant with the procedures and standards that the Adminis- 1980 (42 U.S.C. 9601 et seq.); State voluntary cleanup program or State trator considers necessary, including proce- (2) the Solid Waste Disposal Act (42 U.S.C. Superfund program or Federal authority, dures and standards for evaluating an appli- 6901 et seq.); and that— cation for a grant or loan submitted under (3) the Federal Water Pollution Control (A) the cleanup or proposed voluntary this Act. Act (33 U.S.C. 1251 et seq.); cleanup is cost-effective; and SEC. 104. ECONOMIC REDEVELOPMENT GRANTS. (4) the Toxic Substances Control Act (15 (B) the estimated total cost of the cleanup (a) EXPENDITURES FROM THE SUPERFUND.— U.S.C. 2601 et seq.); and is reasonable. Amounts in the Superfund shall be made (5) title XIV of the Public Health Service (c) GRANT AGREEMENTS.—Each grant under available, consistent with and for the pur- Act (commonly known as the ‘‘Safe Drinking this section shall be made pursuant to a poses of carrying out the grant program es- Water Act’’) (42 U.S.C. 300f et seq.). grant agreement. At a minimum, the grant tablished under sections 101 and 102. agreement shall include provisions that en- TITLE II—PROSPECTIVE PURCHASERS (b) AUTHORITY TO AWARD GRANTS.—There sure the following: SEC. 201. LIMITATIONS ON LIABILITY FOR RE- (1) The grant recipient shall include in all are authorized to be appropriated from the SPONSE COSTS FOR PROSPECTIVE loan agreements a requirement that the loan Superfund, as grants to local and State gov- PURCHASERS. recipient shall comply with all applicable ernments as provided for in sections 101 and (a) LIMITATIONS ON LIABILITY.—Section 107 Federal and State laws applicable to the 102, an amount equal to $25,000,000 for each of of the Comprehensive Environmental Re- cleanup and shall ensure that the cleanup is fiscal years 1997, 1998, 1999, 2000, and 2001. sponse, Compensation, and Liability Act of protective of human health and the environ- SEC. 105. AUTHORIZATION OF APPROPRIATIONS 1980 (42 U.S.C. 9607) is amended by adding at ment. (a) SITE CHARACTERIZATION PROGRAM.— the end the following new subsection: (2) The local or State government shall re- There are authorized to be appropriated to ‘‘(n) LIMITATIONS ON LIABILITY FOR PRO- quire and ensure repayment of the loan con- the Environmental Protection Agency to SPECTIVE PURCHASERS.—Notwithstanding sistent with this title. carry out section 101, an amount not to ex- paragraphs (1) through (4) of subsection (a), a (3) The State or local government shall use ceed $10,000,000 for each of fiscal years 1997 person who does not impede the performance the funds solely for the purposes of estab- through 2001. of response actions or natural resource res- lishing and capitalizing a loan program pur- (b) ECONOMIC REDEVELOPMENT ASSISTANCE toration at a facility shall not be liable suant to the provisions of this title and of PROGRAM.—There are authorized to be appro- under this Act, to the extent liability is cleaning up the environmental contamina- priated to the Environmental Protection based solely on subsection (a)(1) for a release tion at the affected site or sites. Agency to carry out section 102 an amount or threat of release from a facility, and the (4) The State or local government shall re- not to exceed $15,000,000 for each of fiscal person is a bona fide prospective purchaser of quire in each loan agreement, and take nec- years 1997 through 2001. the facility.

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(b) PROSPECTIVE PURCHASER AND WINDFALL ‘‘(E) COOPERATION, ASSISTANCE, AND AC- whose failure to exercise due care caused or LIEN.—Section 107 of the Comprehensive En- CESS.—The person provides full cooperation, contributed to the release of a hazardous vironmental Response, Compensation, and assistance, and facility access to those per- substance. Liability Act of 1980 (as amended by sub- sons that are responsible for response ac- ‘‘(d) SAFE HARBOR.—A fiduciary shall not section (a)) is further amended by inserting tions at the facility, including the coopera- be liable in its personal capacity under this after subsection (n) the following new sub- tion and access necessary for the installa- Act for— section: tion, integrity, operation, and maintenance ‘‘(1) undertaking or directing another to ‘‘(o) PROSPECTIVE PURCHASER AND WIND- of any complete or partial response action at undertake a response action under section FALL LIEN.— the facility. 107(d)(1) or under the direction of an on-scene ‘‘(1) LIEN.—In any case in which there are ‘‘(F) RELATIONSHIP.—The person is not lia- coordinator; unrecovered response costs at a facility for ble, or is not affiliated with any other person ‘‘(2) undertaking or directing another to which an owner of the facility is not liable that is potentially liable, for response costs undertake any other lawful means of ad- by reason of subsection (n), and the condi- at the facility, through any direct or indi- dressing hazardous substances in connection tions described in paragraph (2) are met, the rect familial relationship, or any contrac- with the vessel or facility; United States shall have a lien upon such fa- tual, corporate, or financial relationship ‘‘(3) terminating the fiduciary relation- cility, or may obtain from the appropriate other than that created by the instruments ship; responsible party or parties, a lien on other by which title to the facility is conveyed or ‘‘(4) including in the terms of a fiduciary property or other assurances of payment sat- financed.’’. agreement covenant, warranty, or other isfactory to the Administrator, for such un- TITLE III—FIDUCIARY AND LENDER terms of conditions that relate to compli- recovered costs. Such lien— LIABILITY ance with environmental laws, or monitoring ‘‘(A) shall not exceed the increase in fair or enforcing such terms; SEC. 301. FIDUCIARY LIABILITY. market value of the property attributable to ‘‘(5) monitoring or undertaking 1 or more (a) DEFINITIONS.—Section 101 of the Com- the response action at the time of a subse- inspections of the vessel or facility; prehensive Environmental Response, Com- quent sale or other disposition of the prop- ‘‘(6) providing financial or other advice or pensation, and Liability Act of 1980 (42 erty; counseling to any other party to the fidu- ‘‘(B) shall arise at the time costs are first U.S.C. 9601) (as amended by section 201(c)) is ciary relationship, including the settler or incurred by the United States with respect amended by adding at the end the following: beneficiary; ‘‘(40) FIDUCIARY.—The term ‘fiduciary’— to a response action at the facility; ‘‘(7) restructuring, renegotiating, or other- ‘‘(A) means a person acting for the benefit ‘‘(C) shall be subject to the requirements wise altering a term or condition of the fidu- of another party as a bona fide— for notice and validity established in para- ciary relationship; ‘‘(i) trustee; ‘‘(8) acting in a fiduciary capacity with re- graph (3) of subsection (l); and ‘‘(ii) executor; ‘‘(D) shall continue until the earlier of sat- ‘‘(iii) administrator of an estate; spect to a vessel or facility that was con- isfaction of the lien or recovery of all re- ‘‘(iv) custodian; taminated before the fiduciary’s period of sponse costs incurred at the facility. ‘‘(v) guardian of estates or guardian ad service; or ‘‘(2) CONDITIONS.—The conditions referred litem; ‘‘(9) declining to take any of the actions to in paragraph (1) are the following: ‘‘(vi) court-appointed receiver; described in paragraphs (2) through (8). ‘‘(A) RESPONSE ACTION.—A response action ‘‘(vii) conservator; ‘‘(e) SAVINGS CLAUSE.—Nothing in this sec- for which there are unrecovered costs is car- ‘‘(viii) committee of estates of incapaci- tion shall affect the rights or immunities or ried out at the facility. tated persons or other incapacitated persons; other defenses that are available under this ‘‘(B) FAIR MARKET VALUE.—Such response ‘‘(ix) personal representative; or Act or other applicable law to any person action increases the fair market value of the ‘‘(x) representative in any other capacity subject to the provisions of this section. facility above the fair market value of the that the Administrator, pursuant to public Nothing in this section shall create any li- facility that existed 180 days before the re- notice, determines to be similar to those ability for any party. Nothing in this section sponse action was taken.’’. listed in clauses (i) through (ix); and shall create a private right of action against (c) Section 101 of the Comprehensive Envi- ‘‘(B) does not include any person who— a fiduciary or any other party. ronmental Response, Compensation, and Li- ‘‘(i) had a role in establishing a trust, es- ‘‘(f) NO EFFECT ON CERTAIN PERSONS.— ability Act of 1980 (42 U.S.C. 9601) is amended tate, or fiduciary relationship if such trust, Nothing in this section shall be construed to by adding at the end the following new para- estate, or fiduciary relationship has no ob- affect the liability, if any, of a person who— graph: jectively reasonable or substantial purpose ‘‘(1)(A) acts in a capacity other than a fidu- ‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.— apart from the avoidance or limitation of li- ciary capacity; and The term ‘bona fide prospective purchaser’ ability under this Act; or ‘‘(B) directly or indirectly benefits from a means a person who acquires ownership of a ‘‘(ii) is acting as a fiduciary with respect to trust or fiduciary relationship; or facility after the date of enactment of the a trust or other fiduciary estate that— ‘‘(2) who— Brownfields and Environmental Cleanup Act ‘‘(I) was not created as part of, or to facili- ‘‘(A) is a beneficiary and a fiduciary with of 1996, or a tenant of such a person, who can tate, 1 or more estate plans or pursuant to respect to the same fiduciary estate; and establish each of the following by a prepon- the incapacity of a natural person; and ‘‘(B) as a fiduciary, receives benefits that derance of the evidence: ‘‘(II) was organized for the primary purpose exceed customary or reasonable compensa- ‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—All of, or is engaged in, activity carrying on a tion, and incidental benefits, permitted active disposal of hazardous substances at trade or business for profit. under other applicable law. the facility occurred before that person ac- ‘‘(41) FIDUCIARY CAPACITY.—The term ‘‘fidu- ‘‘(g) REGULATORY AUTHORITY.— quired the facility. ciary capacity’’, in reference to an act of a ‘‘(1) IN GENERAL.—The Administrator ‘‘(B) INQUIRY.—The person made all appro- person with respect to a vessel or facility, may— priate inquiry into the previous ownership means a capacity in which the person holds ‘‘(A) issue such regulations as the Adminis- and uses of the facility and its real property title to a vessel or facility, or otherwise has trator deems necessary to carry out this sec- in accordance with generally accepted good control of or an interest in a vessel or facil- tion; and commercial and customary standards and ity, pursuant to the exercise of the respon- ‘‘(B) delegate and assign any duties or pow- practices. The standards and practices issued sibilities of the person as a fiduciary.’’. ers imposed upon or assigned to the Adminis- by the Administrator pursuant to paragraph (b) LIABILITY OF FIDUCIARIES.—Title I of trator by this section, including the author- (35)(B)(ii) shall satisfy the requirements of the Comprehensive Environmental Response, ity to issue regulations. this subparagraph. In the case of property Compensation, and Liability Act of 1980 (42 ‘‘(2) AUTHORITY TO CLARIFY.—The authority for residential or other similar use purchased U.S.C. 9601 et seq.) is amended by adding at under paragraph (1) includes authority to by a nongovernmental or noncommercial en- the end the following new section: clarify or interpret all terms, including tity, a site inspection and title search that ‘‘SEC. 127. LIABILITY OF FIDUCIARIES. those used in this section, and to implement reveal no basis for further investigation sat- ‘‘(a) IN GENERAL—The liability of a fidu- any provision of this section.’’. isfy the requirements of this subparagraph. ciary that is liable under any other provision (c) EFFECTIVE DATE.—The amendments ‘‘(C) NOTICES.—The person provided all le- of this Act for the release or threatened re- made by this section shall apply to any gally required notices with respect to the lease of a hazardous substance at, from, or in claim that has not been fully adjudicated as discovery or release of any hazardous sub- connection with a vessel or facility held in a of the date of enactment of this Act. stances at the facility. fiduciary capacity, may not exceed the as- SEC. 302. LIABILITY OF LENDERS. ‘‘(D) CARE.—The person exercised appro- sets held in such fiduciary capacity that are (a) DEFINITION OF PARTICIPATION IN MAN- priate care with respect to hazardous sub- available to indemnify the fiduciary. AGEMENT.—Section 101(20) of the Comprehen- stances found at the facility by taking rea- ‘‘(b) EXCLUSION.—Subsection (a) does not sive Environmental Response, Liability, and sonable steps to stop on-going releases, pre- apply to the extent that a person is liable Compensation Act of 1980 (42 U.S.C. 9601(20)) vent threatened future releases of hazardous under this Act independent of such person’s is amended— substances, and prevent or limit human or ownership or actions taken in a fiduciary ca- (1) in subparagraph (A), by striking the natural resource exposure to hazardous sub- pacity. second sentence; stances previously released into the environ- ‘‘(c) LIMITATION—Subsections (a) and (d) (2) by amending paragraph (A)(iii) to read ment. shall not limit the liability of a fiduciary as follows:

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‘‘(iii) any person who owned, operated or ‘‘(II) such person seeks to sell, re-lease (in ‘‘(i) BORROWER.—The term ‘‘borrower’’ otherwise controlled activities at a vessel or the case of a lease finance transaction), or means a person whose vessel or facility is en- facility immediately before the United otherwise divest such vessel or facility at cumbered by a security interest. States (including any department, agency or the earliest practical, commercially reason- ‘‘(ii) EXTENSION OF CREDIT.—The term ‘ex- instrumentality), a unit of State or local able time, on commercially reasonable tension of credit’ includes a lease finance government, or their agents or appointees, terms, taking into account market condi- transaction— acquired title or control of such vessel or fa- tions and legal and regulatory requirements. ‘‘(I) in which the lessor does not initially cility in any of the following ways: ‘‘(F) PARTICIPATION IN MANAGEMENT.—For select the leased vessel or facility and does ‘‘(I) through bankruptcy, tax delinquency, purposes of subparagraph (E)— not during the lease term control the daily abandonment, or escheat; ‘‘(i) the term ‘participate in management’ operation or maintenance of the vessel or fa- ‘‘(II) through foreclosure that is connected means actually participating in the manage- cility; or with the provision of loans, discounts, ad- ment or operational affairs of the vessel or ‘‘(II) that conforms with regulations issued vances, guarantees, insurance, or other fi- facility, and does not include merely having by the appropriate Federal banking agency nancial assistance, if the United States or the capacity to influence, or the unexercised or the appropriate State bank supervisor (as unit of State or local government meets the right to control, vessel or facility oper- those terms are defined in section 3 of the requirements of paragraph (F)(ii) (I) and (II) ations; Federal Deposit Insurance Act (12 U.S.C. of this section; (ii) a person shall be considered to ‘partici- 1813)) or with regulations issued by the Na- ‘‘(III) through the exercise of statutory re- pate in management’ only if, while the bor- tional Credit Union Administration Board, ceivership or conservatorship authority, in- rower is still in possession of the vessel or fa- as appropriate. ‘‘(iii) FINANCIAL OR ADMINISTRATIVE AS- cluding any liquidating or winding up the af- cility encumbered by the security interest, PECT.—The term ‘financial or administrative fairs of any person or any subsidiary thereof, such person— aspect’ includes a function such as a func- if the governmental entity did not partici- ‘‘(I) exercises decisionmaking control over tion of a credit manager, accounts payable pate in management of the vessel or facility the environmental compliance of a borrower, officer, accounts receivable officer, personnel prior to acquiring title or control and meets such that the person has undertaken respon- manager, comptroller, or chief financial offi- the requirements of paragraph (F)(ii)(II) of sibility for the hazardous substance handling cer, or any similar function. this section; or disposal practices of the borrower; or ‘‘(iv) FORECLOSURE; FORECLOSE.—The term ‘‘(II) exercises control at a level com- ‘‘(IV) through the exercise of any seizure ‘foreclosure’ and ‘foreclose’ mean, respec- parable to that of a manager of the enter- or forfeiture authority; tively, acquiring, and to acquire from a non- ‘‘(V) in any civil, criminal, or administra- prise of the borrower, such that the person affiliated party for subsequent disposition, a has assumed or manifested responsibility for tive enforcement proceeding, whether by vessel or facility through— order or settlement, in which an interest in the overall management of the enterprise en- ‘‘(I) purchase at sale under a judgment or a vessel or facility is conveyed to satisfy a compassing day-to-day decisionmaking with decree, a power of sale, a nonjudicial fore- claim of the governmental entity, and the respect to environmental compliance, or closure sale, or from a trustee, deed in lieu of governmental entity meets the requirements with respect to all or substantially all of the foreclosure, or similar conveyance, or of this section; and operational aspects (as distinguished from fi- through repossession, if such vessel or facil- ‘‘(VI) temporarily in connection with a law nancial or administrative aspects) of the en- ity was security for an extension of credit enforcement operation.’’; terprise, other than environmental compli- previously contracted; (3) by amending paragraph (D) to read as ance; ‘‘(II) conveyance pursuant to an extension follows: ‘‘(iii) the term ‘participate in manage- of credit previously contracted, including ‘‘(D)(i) The term ‘owner or operator’ does ment’ does not include conducting an act or the termination of a lease agreement; or not include the United States (including any failing to act prior to the time that a secu- ‘‘(III) any other formal or informal manner department, agency, or instrumentality) or a rity interest is created in a vessel or facility; by which the person acquires, for subsequent unit of State or local government that ac- and disposition, possession of collateral in order quires title or control of a vessel or facility ‘‘(iv) the term ‘participate in management’ to protect the security interest of the per- in a manner described in paragraph (A)(iii), does not include– son. or in any other circumstances in which the ‘‘(I) holding such a security interest or, ‘‘(v) OPERATIONAL ASPECT.—The term ‘oper- government involuntary acquires title by prior to foreclosure, abandoning or releasing ational aspect’ includes a function such as a virtue of its function as sovereign. such a security interest; function of a facility or plant manager, oper- ‘‘(ii) Notwithstanding subparagraph (i), if ‘‘(II) including in the terms of an extension ations manager, chief operating officer, or the United States or a unit of State or a unit of credit, or in a contract or security agree- chief executive officer. of State or local government caused or con- ment relating to such an extension, cov- ‘‘(vi) SECURITY INTEREST.—The term ‘secu- tributed to the release or threatened release enant, warranty, or any other term or condi- rity interest’ includes a right under a mort- of a hazardous substance from the facility, tion that relates to environmental compli- gage, deed of trust, assignment, judgment this Act (including section 107) shall apply in ance; lien, pledge, security agreement, factoring the same manner and to the same extent, ‘‘(III) monitoring or enforcing the term or agreement, or lease, or any other right ac- procedurally and substantively, as the Act condition of the extension of credit or secu- cruing to a person to secure the repayment does to any non-governmental entity.’’; and rity interest; of money, the performance of a duty, or (4) by adding at the end the following: ‘‘(IV) monitoring or undertaking 1 or more some other obligation.’’. ‘‘(E) EXCLUSION OF PERSONS NOT PARTICI- inspections of the vessel or facility; (b) EFFECTIVE DATE.—The amendments PANTS IN MANAGEMENT.— ‘‘(V) requiring the borrower to undertake made by this section shall be applicable with ‘‘(i) INDICIA OF OWNERSHIP TO PROTECT SECU- response action or other lawful means of ad- respect to any claim that has not been fi- RITY INTEREST.—The term ‘owner or oper- dressing the release or threatened release of nally adjudicated as of the date of enactment ator’ does not include— a hazardous substance in connection with of this Act. ‘‘(I) a person, including a successor or as- the vessel or facility prior to, during, or (c) LENDER LIABILITY RULE.—(1) Effective sign of such person, who, without partici- upon the expiration of the term of the exten- on the date of enactment of this section, the pating in the management of a vessel or fa- sion of credit; final rule issued by the Administrator of the cility, holds indicia of ownership primarily ‘‘(VI) providing financial or other advice or Environmental Protection Agency on April to protect such person’s security interest in counseling in an effort to mitigate, prevent, 29, 1992 (57 Stat. Fed. Reg. 18344), shall be the vessel or facility; or or cure default or diminution in the value of deemed to have been validly issued pursuant ‘‘(II) a successor or assign of a person de- the vessel or facility; to the authority of the Comprehensive Envi- scribed in subclause (I). ‘‘(VII) restructuring, renegotiating, or oth- ronmental Response, Compensation, and Li- ‘‘(ii) NONPARTICIPATION IN MANAGEMENT erwise agreeing to alter a term or condition ability Act of 1980, and to have been effective PRIOR TO FORECLOSURE.—The term ‘owner or of the extension of credit or security inter- according to the final rule’s terms. No addi- operator’ does not include a person that fore- est; tional administrative or judicial proceedings closes on a vessel or a facility even if such ‘‘(VIII) exercising other remedies that may shall be necessary with respect to such final person forecloses on such vessel or facility, be available under applicable law for the rule. sells, re-leases (in the case of a lease finance breach of any term or condition of the exten- (2) Notwithstanding section 113(a) of the transaction), or liquidates the vessel or facil- sion of credit or security agreement; or Comprehensive Environmental Response, ity, maintains business activities, winds up ‘‘(IX) conducting a response action under Compensation and Liability Act of 1980, no operations, or undertakes any response ac- section 107(d)(1) or under the direction of an court shall have jurisdiction to review the tion under section 107(d)(1) or under the di- on-scene coordinator, final rule issued by the Administrator of the rection of an on-scene coordinator, with re- if such actions do not rise to the level of par- Environmental Protection Agency on April spect to the vessel or facility, or takes other ticipation in management, as defined in 29, 1992 (57 Fed. Reg. 18344). measures to preserve, protect, or prepare the clauses (i) and (ii). (3) Nothing in this subsection shall be con- vessel or facility prior to sale or disposition, ‘‘(G) OTHER TERMS.—As used in subpara- strued to limit the authority of the Presi- if— graph (E), subparagraph (F), and this sub- dent or his delegate to amend the final rule ‘‘(I) the person did not participate in man- paragraph, the following definitions shall issued by the Administrator of the Environ- agement prior to foreclosure; and apply: mental Protection Agency on April 29, 1992

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9572 CONGRESSIONAL RECORD — SENATE August 2, 1996 (57 Fed. Reg. 18344), in accordance with appli- property, including, as appropriate, inves- defendant, the relationship of the purchase cable provisions of law. tigation reports for such sites or facilities; price to the value of the property if (d) REGULATORY AUTHORITY.— records of activities likely to cause or con- uncontaminated, commonly known or rea- (1) IN GENERAL.—The Administrator may— tribute to contamination at the real prop- sonably ascertainable information about the (A) issue such regulations as the Adminis- erty, including landfill and other disposal lo- property, the obviousness of the presence or trator deems necessary to carry out the cation records, underground storage tank likely presence of contamination at the amendments made by this section; and records, hazardous waste handler and gener- property, and the ability to detect such con- (B) delegate and assign any duties or pow- ator records and spill reporting records; and tamination by appropriate investigation. ers imposed upon or assigned to the Adminis- such other reasonably ascertainable Federal, ‘‘(ii) RULE.—Within 1 year after the date of trator by the amendments made by this sec- State, and local government environmental enactment of this Act, the Administrator tion, including the authority to issue regula- records which could reflect incidents or ac- shall, by rule, issue standards and practices tions. tivities which are likely to cause or con- or designate standards and practices promul- (2) AUTHORITY TO CLARIFY.—The authority tribute to contamination at the real prop- gated or developed by others, that satisfy under paragraph (1) includes authority to erty. the requirements of this subparagraph. In clarify or interpret all terms, including ‘‘(E) A visual site inspection of the real issuing or designating such standards and those used in this section, and to implement property and all facilities and improvements practices, the Administrator shall consider any provision of the amendments made by on the real property and a visual inspection each of the following: this section. of immediately adjacent properties, includ- ‘‘(I) Conduct of an inquiry by an environ- ing an investigation of any hazardous sub- mental professional. TITLE IV—INNOCENT LANDOWNERS ‘‘(II) Inclusion of interviews with past and stance use, storage, treatment, and disposal SEC. 401. INNOCENT LANDOWNERS. present owners, operators, and occupants of practices on the property. (a) ENVIRONMENTAL SITE ASSESSMENT.— the facility and its real property for the pur- Section 107 (as amended by section 201(b)) is ‘‘(F) Any specialized knowledge or experi- pose of gathering information regarding the amended by adding at the end the following ence on the part of the defendant. potential for contamination at the facility new subsection: ‘‘(G) The relationship of the purchase price and its real property. to the value of the property if ‘‘(p) INNOCENT LANDOWNERS.— ‘‘(III) Inclusion of a review of historical uncontaminated. ‘‘(1) CONDUCT OF ENVIRONMENTAL ASSESS- sources, such as chain of title documents, ‘‘(H) Commonly known or reasonably as- MENT.—A person who has acquired real prop- aerial photographs, building department erty shall have made all appropriate inquiry certainable information about the property. records, and land use records, to determine within the meaning of subparagraph (B) of ‘‘(I) The obviousness of the presence or previous uses and occupancies of the real section 101(35) if the person establishes that, likely presence of contamination at the property since it was first developed. within 180 days prior to the time of acquisi- property, and the ability to detect such con- ‘‘(IV) Inclusion of a search for recorded en- tion, an environmental site assessment of tamination by appropriate investigation. vironmental cleanup liens, filed under Fed- the real property was conducted which meets A record shall be considered to be ‘reason- eral, State, or local law, against the facility the requirements of paragraph (2). ably ascertainable’ for purposes of this para- or its real property. ‘‘(V) Inclusion of a review of Federal, ‘‘(2) DEFINITION OF ENVIRONMENTAL SITE AS- graph if a copy or reasonable facsimile of the State, and local government records (such as SESSMENT.—For purposes of this subsection, record is publicly available by request (with- waste disposal records), underground storage the term ‘environmental site assessment’ in reasonable time and cost constraints) and tank records, and hazardous waste handling, means an assessment conducted in accord- the record is practically reviewable. generation, treatment, disposal, and spill ance with the standards set forth in the ‘‘(3) APPROPRIATE INQUIRY.—A person shall records, concerning contamination at or American Society for Testing and Materials not be treated as having made all appro- priate inquiry under paragraph (1) unless— near the facility or its real property. (ASTM) Standard E1527–94, titled ‘Standard ‘‘(VI) Inclusion of a visual inspection of the ‘‘(A) the person has maintained a compila- Practice for Environmental Site Assess- facility and its real property and of adjoin- tion of the information reviewed and gath- ments: Phase I Environmental Site Assess- ing properties. ment Process’ or with alternative standards ered in the course of the environmental site ‘‘(VII) Any specialized knowledge or expe- issued by rule by the President or promul- assessment; rience on the part of the defendant. gated or developed by others and designated ‘‘(B) the person exercised appropriate care ‘‘(VIII) The relationship of the purchase by rule by the President. Before issuing or with respect to hazardous substances found price to the value of the property if designating alternative standards, the Presi- at the facility by taking reasonable steps to uncontaminated. dent shall first conduct a study of commer- stop on-going releases, prevent threatened ‘‘(IX) Commonly known or reasonably as- cial and industrial practices concerning en- future releases of hazardous substances, and certainable information about the property. vironmental site assessments in the transfer prevent or limit human or natural resource ‘‘(X) The obviousness of the presence or of real property in the United States. Any exposure to hazardous substances previously likely presence of contamination at the such standards issued or designated by the released into the environment; and property, and the ability to detect such con- President shall also be deemed to constitute ‘‘(C) the person provides full cooperation, tamination by appropriate investigation. commercially reasonable and generally ac- assistance, and facility access to persons au- ‘‘(iii) SITE INSPECTION AND TITLE SEARCH.— cepted standards and practices for purposes thorized to conduct response actions at the In the case of property for residential use or of this paragraph. In issuing or designating facility, including the cooperation and ac- other similar use purchased by a nongovern- any such standards, the President shall con- cess necessary for the installation, integrity, mental or noncommercial entity, a site in- sider requirements governing each of the fol- operation, and maintenance of any complete spection and title search that reveal no basis lowing: or partial response action at the facility. for further investigation satisfy the require- ‘‘(A) Interviews or owners, operators, and ‘‘(4) DEFINITION OF CONTAMINATION.—For ments of this subparagraph.’’; and occupants of the property to determine in- the purposes of this subsection and section (c) REGULATORY AUTHORITY.— 101(35), the term ‘contamination’ means an (1) IN GENERAL.—The Administrator may— formation regarding the potential for con- (A) issue such regulations as the Adminis- existing release, a past release, or the threat tamination. trator deems necessary to carry out the of a release of a hazardous substance.’’. ‘‘(B) Review of historical sources as nec- amendments made by this section; and essary to determine previous uses and occu- (b) Section 101(35) of the Comprehensive (B) delegate and assign any duties or pow- pancies of the property since the property Environmental Response, Compensation, and ers imposed upon or assigned to the Adminis- was first developed. For purposes of this sub- Liability act of 1980 (42 U.S.C. 9601(35)) is by trator by the amendments made by this sec- clause, the term ‘historical sources’ means striking subparagraph (B) and inserting the tion, including the authority to issue regula- any of the following, if they are reasonably following new subparagraph: tions. ascertainable: recorded chain of title docu- ‘‘(B) KNOWLEDGE OF INQUIRY REQUIRE- (2) AUTHORITY TO CLARIFY.—The authority ments regarding the real property, including MENT.— under paragraph (1) includes authority to all deeds, easements, leases, restrictions, and ‘‘(i) IN GENERAL.—To establish that the de- clarify or interpret all terms, including covenants, aerial photographs, fire insurance fendant had no reason to know, as provided those used in this section, and to implement maps, property tax files, USGS 7.5 minutes in subparagraph (A)(i), the defendant must any provision of the amendments made by topographic maps, local street directories, have undertaken, at the time of the acquisi- this section. building department records, zoning/land use tion, all appropriate inquiry (in accordance records, and any other sources that identify with section 107(p)) into the previous owner- By Mr. WYDEN (for himself and past uses and occupancies of the property. ship and uses of the facility and its real Mr. D’AMATO): ‘‘(C) Determination of the existence of re- property in accordance with generally ac- S. 2029. A bill to make permanent corded environmental cleanup liens against cepted good commercial and customary certain authority relating to self-em- the real property which have arisen pursuant standards and practices. For the purposes of ployment assistance programs; to the to Federal, State, or local statutes. the preceding sentence and until the Admin- ‘‘(D) Review of reasonably ascertainable istrator issues or designates standards and Committee on Finance. Federal, State, and local government records practices as provided in clause (ii), the court THE SELF-EMPLOYMENT REAUTHORIZATION ACT of sites or facilities that are likely to cause shall take into account any specialized Mr. WYDEN. Mr. President, I rise or contribute to contamination at the real knowledge or experience on the part of the today to introduce legislation with

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9573 Senator D’AMATO to reauthorize the well. While the law is not a panacea for ments are the same weekly amount as Self-Employment Act. As waves of eco- all of our Nation’s unemployed, it’s an the worker’s regular UI benefits. The nomic change turn our economy into a opportunity for many skilled workers SEA participants are required to par- high-wire act, the Self-Employment to get back to work faster and helps ticipate in technical assistance pro- Act has helped turn the unemployment create new jobs as well. grams—entrepreneurial training—ac- safety net into a trampoline of oppor- In a recent tour around Oregon, my counting, cash flow, finances, taxes, tunity for the unemployed. The Self- State SEA officials found tremendous etc.—business counseling—business Employment Assistance Program takes enthusiasm for this program. They re- plans, marketing, legal requirements, an innovative and cost-effective ap- ported to me: ‘‘* * * the SEA Program insurance, etc.—and finance—to ensure proach to helping eligible dislocated in Oregon is meeting the goal of pro- they have the skills necessary to oper- workers become self-sufficient; it en- viding Oregon dislocated workers—as ate a business. Finally, SEA programs ables them to use their weekly unem- identified through worker profiling— are required to operate at no additional ployment checks to start their own with access to entrepreneurial training cost to the unemployment trust fund: businesses. and financial assistance while pursuing The law stipulates that the payment of Harvard Business School reported self-employment and the establishment SEA allowances may not result in any earlier this year that from 1978 to the of a business.’’ Among the examples of additional benefits charges to the un- present, 22 percent of the work force, businesses developed under the Oregon employment trust fund. Individuals or 3 million workers, at the country’s SEA Program this year are a marine may choose at any time to opt out of top 100 companies had been laid off, maintenance and repair company, the SEA Program; they may resume and that 77 percent of all the layoffs in- drop-in day care centers at shopping collection of regular unemployment volved white-collar workers. Many of malls and a handmade hats, quilts, and compensation until the total amount these highly skilled workers will never bags business working to develop a of regular unemployment compensa- be able to return to their former posi- mail-order firm. tion paid and the SEA paid equals the tions, but some are highly motivated The 1993 SEA law is based upon self- maximum benefit amount. States are to start their own firms. In 40 out of 50 employment programs that have responsible for the costs of providing States, however, those who start their worked well in 17 other industrialized basic SEA Program services, like busi- own businesses are forced to give up nations. As the author of two laws, in ness counseling and technical assist- their weekly unemployment compensa- 1987 and 1993, that have promoted self- ance, but may allow participants to tion checks as soon as the company employment, I can attest to the dra- pay for more intensive counseling and starts generating revenue—but before matic success of the self-employment technical assistance. it provides enough income to support concept. According to a June 1995 De- Mr. President, as we move into the the worker. It is exactly this problem partment of Labor [DOL] evaluation of global economy of the 21st century, it the Self-Employment Assistance Pro- the Washington State and Massachu- is imperative that the Government gram is designed to correct. setts pilot programs, the two projects adopt fresh strategies so that our many In a few short years, the Self-Em- ‘‘clearly demonstrate that self-employ- skilled buy unemployed workers can ployment Act (Public Law 103–182; title ment is a viable reemployment option start anew in the private sector. Con- V) has already enabled thousands of for some unemployed workers . . . gress should extend the Self-Employ- unemployed Americans to use their un- about one-half of those interested actu- ment Assistance Program so that employment compensation to establish ally do start a business and an average States will have the continued flexi- new businesses. Two experimental pro- of two-thirds were still in business 3 bility to help unemployed workers cre- grams, in Massachusetts and Wash- years later.’’ In addition, the DOL re- ate their own businesses. Our bipar- ington, have already shown that self- port found that self-employment as- tisan bill promotes the spirit of entre- employment programs can create jobs sistance programs increased business preneurship. It carries forward a rea- at no cost to the taxpayer. Using exist- starts among project participants, re- sonable, and sensible reform of the un- ing funds, the Massachusetts program duced the length of their unemploy- employment insurance system that created dozens of new businesses but ment periods and increased their total bears no cost to the taxpayer. actually paid $1,400 less unemployment time in employment. Both the Wash- I would like to thank Senator per worker than the State average. The ington and Massachusetts models D’AMATO for joining me as an original Washington program created more proved to be cost effective for the par- cosponsor of this bill. New York has a than 600 new jobs and the firms were ticipants as well as for taxpayers. very active and successful Self Em- paying an average of $10.50 an hour to Over the past 21⁄2 years, 10 States ployment Assistance Program, and I workers they had hired. used the 1993 legislation to create self- look forward to working closely with The legislation we introduce today employment programs: California, Con- him to see this important program re- reauthorize a program that allows—but necticut, Delaware, Maine, Maryland, authorized. does not require—State to establish Minnesota, New Jersey, New York, Or- Mr. President, I ask unanimous con- self-employment assistance [SEA] pro- egon, and Rhode Island. To date, DOL sent that the text of the bill be printed grams as part of their unemployment has approved six State plans—Cali- in the RECORD. insurance [UI] programs. It permits fornia, Delaware, Maine, New Jersey, There being no objection, the bill was States to provide income support pay- New York, and Oregon—and four of ordered to be printed in the RECORD, as ments to the unemployed in the same these—Delaware, Maine, New York and follows: weekly amount as the worker’s regular Oregon—have actually implemented S. 2029 unemployment insurance [UI] benefits their SEA programs. Be it enacted by the Senate and House of Rep- would otherwise be, so that they may Let me briefly describe how the pro- resentatives of the United States of America in work full time on starting their own gram works. The law directs the DOL Congress assembled, business instead of searching for tradi- to review and approve State SEA Pro- SECTION 1. SELF-EMPLOYMENT ASSISTANCE tional wage and salary jobs. In effect, gram plans. In States that operate SEA PROGRAMS. this legislation removes a high hurdle programs, new UI claimants identified (a) IN GENERAL.—Paragraph (2) of section through worker profiling—automated 507(e) of the North American Free Trade facing those who have the ingenuity, Agreement Implementation Act (26 U.S.C. motivation, and energy to start their systems that use a set of criteria to 3306 note) is hereby repealed. own businesses. It eliminates a barrier identify those claimants who are likely (b) CONFORMING AMENDMENTS.—Subsection in the law that has forced workers in- to exhaust their UI benefits and need (e) of section 507 of such Act is further terested in self-employment to choose reemployment assistance—will be eli- amended— between receiving UI benefits and gible for self-employment assistance. (1) by amending the heading after the sub- starting a new business. State SEA programs provide partici- section designation to read ‘‘EFFECTIVE DATE.—’’; and Self-employment assistance has not pants with periodic—weekly or bi- (2) by striking ‘‘(1) EFFECTIVE DATE.—’’ and only proved to be a viable reemploy- weekly—self-employment allowances by running in the remaining text of sub- ment option for unemployed workers; while they are getting their businesses section (e) immediately after the heading its benefits have exceeded its costs as off the ground. These support pay- therefor, as amended by paragraph (1).

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9574 CONGRESSIONAL RECORD — SENATE August 2, 1996 By Mr. LOTT (for himself and Mr. (D) are burdensome on interstate com- ‘‘(1) PASSENGER MOTOR VEHICLE.— EXON): merce; and ‘‘(A) IN GENERAL.—The term ‘passenger S. 2030. A bill to establish nationally (E) do not provide a significant deterrent motor vehicle’ means any vehicle driven or uniform requirements regarding the ti- to unscrupulous sellers of rebuilt vehicles drawn by mechanical power manufactured who mislead potential wholesale and retail tling and registration of salvage, non- primarily for use on the public streets, buyers concerning the condition and value of roads, and highways. repairable, and rebuilt vehicles, and for such vehicles; ‘‘(B) PASSENGER MOTOR VEHICLES AND LIGHT other purposes; to the Committee on (3) the fact that a motor vehicle is salvage, TRUCKS INCLUDED.—Such term includes a Commerce, Science, and Transpor- nonrepairable, water damaged, or rebuilt multipurpose passenger vehicle or light duty tation. after incurring substantial damage is mate- truck if the vehicle or truck is rated at not THE NATIONAL MOTOR VEHICLE SAFETY, rial in any subsequent purchase or sale of more than 7,500 pounds gross vehicle weight. ANTITHEFT, TITLE REFORM, AND CONSUMER that motor vehicle; ‘‘(C) MOTORCYCLES NOT INCLUDED.—Such PROTECTION ACT OF 1996 (4) some salvage and nonrepairable vehi- term does not include a motorcycle. Mr. LOTT. Mr. President, I rise today cles become involved in illegal commerce in ‘‘(2) SALVAGE VEHICLE.— stolen vehicles and parts; to introduce legislation to establish ‘‘(A) IN GENERAL.—Subject to subparagraph (5) in some jurisdictions, the lack of theft (E), the term ‘salvage vehicle’ means any national requirements regarding the ti- inspections prior to allowing a rebuilt motor passenger motor vehicle that has been tling and registration of salvage, non- vehicle back on the road provides an oppor- wrecked, destroyed, or damaged to the ex- repairable and rebuilt vehicles. I am tunity for an unscrupulous person to use sto- tent that the total estimated or actual cost proud to have Senator EXON as my len parts in the rebuilding of motor vehicles; of parts and labor to rebuild or reconstruct principle cosponsor on this bipartisan (6) according to the National Highway the passenger motor vehicle to its bill. Senator EXON has done yeoman’s Traffic Safety Administration, rebuilt motor preaccident condition for legal operation on work in previous Congresses to address vehicles— the roads or highways exceeds 75 percent of (A) may not have passed any safety inspec- the retail value of the passenger motor vehi- this issue. tion; and Several years ago, Congress formed a cle, as set forth in the most recent edition of (B) may pose a public safety risk and con- any nationally recognized compilation (in- group to study this issue. My bill re- sumers who unknowingly buy rebuilt motor cluding automated databases) of current re- sponds to the recommendations made vehicles face an increased risk of death or se- tail values that is approved by the Sec- by that Federal task force regarding rious injury; retary. the disclosure of vehicle conditions. (7) statistics prepared by the American As- ‘‘(B) VEHICLES EXCLUDED.—Such term does This consumer safety bill will protect sociation of Motor Vehicle Administrators not include any passenger motor vehicle that used car consumers from unknowingly indicate that 71 percent of the States require has a model year designation of a calendar some form of safety inspection before a re- year that precedes that calendar year in purchasing rebuilt automobiles that built salvage vehicle may be registered for have not been restored to safe oper- which the vehicle was wrecked, destroyed, or use on the road; damaged by 5 or more years. ating conditions. The legislation re- (8) the promulgation of a safety inspection ‘‘(C) DETERMINATION OF VALUE OF REPAIR quires the vehicle title to be branded to program by the Secretary of Transportation PARTS.—For purposes of subparagraph (B), show that it has been totaled. may assist the States in expanding and the value of repair parts shall be determined This legislation would create a uni- standardizing their inspection programs for by using— form national policy concerning the rebuilt vehicles; ‘‘(i) the published retail cost of the original disclosure of vehicle conditions. Forty- (9) duplicate or replacement titles play an equipment manufacturer parts; or important role in many vehicle thefts and ‘‘(ii) the actual retail cost of the repair eight States require some sort of dis- various types of vehicle fraud; closure on the vehicle title. Insistency parts to be used in the repair. (10) State controls on the issuance of such ‘‘(D) DETERMINATION OF LABOR COSTS.—For among these States, however, permits titles must therefore be strengthened and purposes of subparagraph (B), the labor cost those unscrupulous few to take advan- made uniform across the United States; of repairs shall be computed by using the tage of unsuspecting consumers. (11) large quantities of motor vehicles are hourly labor rate and time allocations that I hope my colleagues in the Senate exported from United States ports to foreign are reasonable and customary in the auto- will join me as cosponsors of this legis- countries without proper documentation of mobile repair industry in the community in lation, which addresses this consumer ownership in violation of applicable law; and which the repairs are performed. (12) in view of the threats to public safety ‘‘(E) CERTAIN VEHICLES INCLUDED.—The safety issue in a direct and straight- and consumer interests described in para- forward manner. term ‘passenger vehicle’ includes, without graphs (1) through (10), the Motor Vehicle Ti- regard to whether the passenger motor vehi- Mr. President, I ask unanimous con- tling, Registration and Salvage Advisory cle meets the 75 percent threshold specified sent that the text of the bill be printed Committee, which was convened by the Sec- in subparagraph (B)— in the RECORD. retary of Transportation under section 140(a) ‘‘(i) any passenger motor vehicle with re- There being no objection, the bill was of the Anti Car Theft Act of 1992 (15 U.S.C. spect to which an insurance company ac- ordered to be printed in the RECORD, as 2041 note), recommended that— quires ownership under a damage settlement follows: (A) Federal laws be enacted to require cer- (except for a settlement in connection with a tain definitions to be used nationwide to de- S. 2030 recovered theft vehicle that did not sustain a scribe seriously damaged vehicles; and sufficient degree of damage to meet the 75 Be it enacted by the Senate and House of Rep- (B) all States be required to— percent threshold specified in subparagraph resentatives of the United States of America in (i) use the definitions referred to in sub- (B)); or Congress assembled, paragraph (A) in determining appropriate ‘‘(ii) any passenger motor vehicle that an SECTION 1. SHORT TITLE. title designations; owner may wish to designate as a salvage ve- This Act may be cited as the ‘‘National (ii) use certain motor vehicle titling and hicle by obtaining a salvage title, without Motor Vehicle Safety, Antitheft, Title Re- control methods; and regard to the extent of the damage and re- form, and Consumer Protection Act of 1996’’. (iii) take certain other measures to protect pairs. SEC. 2. FINDINGS. the integrity of the titling process. ‘‘(F) SPECIAL RULE.—A designation of a The Congress finds that— SEC. 3. MOTOR VEHICLE TITLING AND DISCLO- passenger motor vehicle by an owner under (1) many States do not have specific re- SURE REQUIREMENTS. subparagraph (E)(ii) shall not impose any ob- quirements regarding the disclosure of the (a) IN GENERAL.—Subtitle VI of title 49, ligation on— salvage history of a motor vehicle and some United States Code, is amended by adding at ‘‘(i) the insurer of the passenger motor ve- States never require that the title to a the end the following new chapter: hicle; or motor vehicle be stamped or branded to indi- ‘‘CHAPTER 333—AUTOMOBILE SAFETY, ‘‘(ii) an insurer processing a claim made by cate that the motor vehicle is, or has been, ANTITHEFT, AND TITLE DISCLOSURE or on behalf of the owner of the passenger a salvage vehicle; REQUIREMENTS motor vehicle. (2) as of the date of enactment of this Act, ‘‘Sec. ‘‘(3) SALVAGE TITLE.— State disclosure requirements regarding the ‘‘33301. Definitions. ‘‘(A) IN GENERAL.—The term ‘salvage title’ salvage history of a motor vehicle— ‘‘33302. Passenger motor vehicle titling. means a passenger motor vehicle ownership (A) are inconsistent in scope and content; ‘‘33303. Petitions for extensions of time. document issued by a State to the owner of (B) require the use of different forms and ‘‘33304. Effect on State law. a salvage vehicle. administrative procedures; ‘‘33305. Civil and criminal penalties. ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership (C) will undercut the effectiveness of the ‘‘§ 33301. Definitions of a salvage vehicle may be transferred on a National Automobile Title Information Sys- ‘‘For the purposes of this chapter the fol- salvage title. tem created by the Anti Car Theft Act of lowing definitions and requirements shall ‘‘(C) PROHIBITION.—The salvage vehicle 1992; apply: may not be registered for use on the roads or

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9575 highways unless the salvage vehicle has been ferred not more than 2 times on a nonrepair- ‘‘(B) information to be contained on such issued a rebuilt salvage title. able vehicle certificate. title. ‘‘(D) REQUIREMENT FOR A REBUILT SALVAGE ‘‘(C) PROHIBITION.—A nonrepairable vehicle ‘‘(2) CONTENTS OF REGULATIONS.—The ti- TITLE.—A salvage title shall be conspicu- that is issued a nonrepairable vehicle certifi- tling standards, control procedures, meth- ously labeled with the word ‘salvage’ across cate may not be titled or registered for use ods, and information covered under the regu- the front of the document. on roads or highways at any time after the lations issued under this subsection shall in- ‘‘(4) REBUILT SALVAGE VEHICLE.—The term issuance of the certificate. clude the following: ‘rebuilt salvage vehicle’ means— ‘‘(D) REQUIREMENT FOR NONREPAIRABLE VE- ‘‘(A) INDICATION OF STATUS.—Each State ‘‘(A) for passenger motor vehicles subject HICLE CERTIFICATE.—A nonrepairable vehicle shall indicate on the face of a title or certifi- to a safety inspection in a State that re- certificate shall be conspicuously labeled cate for a passenger motor vehicle, as appli- quires such an inspection under section with the term ‘Nonrepairable’ across the cable, if the passenger motor vehicle is a sal- 33302(b)(2)(H), any passenger motor vehicle front of the document. vage vehicle, a nonrepairable vehicle, a re- that has— ‘‘(8) FLOOD VEHICLE.— built salvage vehicle, or a flood vehicle. ‘‘(i) been issued previously a salvage title; ‘‘(A) IN GENERAL.—The term ‘flood vehicle’ ‘‘(B) SUBSEQUENT TITLES.—The information ‘‘(ii) passed applicable State antitheft in- means any passenger motor vehicle that has referred to in subparagraph (A) concerning spection; been submerged in water to the point that the status of the passenger vehicle shall be ‘‘(iii) been issued a certificate indicating rising water has reached over the door sill of conveyed on any subsequent title, including that the passenger motor vehicle has— the motor vehicle and has entered the pas- a duplicate or replacement title, for the pas- senger motor vehicle issued by the original ‘‘(I) passed the antitheft inspection re- senger or trunk compartment. titling State or any other State. ferred to in clause (ii); and ‘‘(B) REQUIREMENT FOR DISCLOSURE.—Dis- ‘‘(C) SECURITY STANDARDS.—The title docu- ‘‘(II) been issued a certificate indicating closure that a passenger motor vehicle has ments, the certificates and decals required that the passenger motor vehicle has passed become a flood vehicle shall be made by the by section 33301(4), and the system for a required safety inspection under section person transferring ownership at the time of issuing those documents, certificates, and 33302(b)(2)(H); and transfer of ownership. After such transfer is decals shall meet security standards that ‘‘(iv) affixed to the door jamb adjacent to completed, the certificate of title shall be minimize opportunities for fraud. the driver’s seat a decal stating ‘Rebuilt Sal- conspicuously labeled with the term ‘flood’ across the front of the document. ‘‘(D) IDENTIFYING INFORMATION.—Each cer- vage Vehicle—Antitheft and Safety Inspec- tificate of title referred to in subparagraph tions Passed’; or ‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. (A) shall include the passenger motor vehicle ‘‘(B) for passenger motor vehicles in a make, model, body type, year, odometer dis- State other than a State referred to in sub- ‘‘§ 33302. Passenger motor vehicle titling closure, and vehicle identification number. paragraph (A), any passenger motor vehicle ‘‘(a) CARRYFORWARD OF CERTAIN TITLE IN- ‘‘(E) UNIFORM LAYOUT.—The title docu- that has— FORMATION IF A PREVIOUS TITLE WAS NOT ments covered under the regulations shall ‘‘(i) been issued previously a salvage title; ISSUED IN ACCORDANCE WITH CERTAIN NATION- maintain a uniform layout, that shall be es- ‘‘(ii) passed an applicable State antitheft ALLY UNIFORM STANDARDS.— tablished by the Secretary, in consultation inspection; ‘‘(1) IN GENERAL.—If— with each State or an organization that rep- ‘‘(iii) been issued a certificate indicating ‘‘(A) records that are readily accessible to resents States. that the passenger motor vehicle has passed a State indicate that a passenger motor ve- ‘‘(F) NONREPAIRABLE VEHICLES.—A pas- the required antitheft inspection referred to hicle with respect to which the ownership is senger motor vehicle designated as non- in clause (ii); and transferred on or after the date that is 1 year repairable— ‘‘(iv) affixed to the door jamb adjacent to after the date of enactment of the National ‘‘(i) shall be issued a nonrepairable vehicle the driver’s seat, a decal stating ‘Rebuilt Motor Vehicle Safety, Antitheft, Title Re- certificate; and Salvage Vehicle—Antitheft Inspection form, and Consumer Protection Act of 1996, ‘‘(ii) may not be retitled. Passed/No Safety Inspection Pursuant to Na- has been issued previously a title that bore a ‘‘(G) REBUILT SALVAGE TITLE.—No rebuilt tional Criteria’. term or symbol described in paragraph (2); salvage title may be issued to a salvage vehi- ‘‘(5) REBUILT SALVAGE TITLE.— and cle unless, after the salvage vehicle is re- ‘‘(A) IN GENERAL.—The term ‘rebuilt sal- ‘‘(B) the State licenses that vehicle for use, paired or rebuilt, the salvage vehicle com- vage title’ means the passenger motor vehi- the State shall disclose that fact on a certifi- plies with the requirements for a rebuilt sal- cle ownership document issued by a State to cate of title issued by the State. vage vehicle under section 33301(4). the owner of a rebuilt salvage vehicle. ‘‘(2) TERMS AND SYMBOLS.— ‘‘(H) INSPECTION PROGRAMS.—Each State ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership ‘‘(A) IN GENERAL.—A State shall be subject inspection program shall be designed to com- of a rebuilt salvage vehicle may be trans- to the requirements of paragraph (1) with re- ply with the requirements of this subpara- ferred on a rebuilt salvage title. spect to the following terms on a title that graph and shall be subject to approval and ‘‘(C) REGISTRATION FOR USE.—A passenger has been issued previously to a passenger periodic review by the Secretary. Each such motor vehicle for which a rebuilt salvage motor vehicle (or symbols indicating the inspection program shall include the fol- title has been issued may be registered for meanings of those terms): lowing: use on the roads and highways. ‘‘(i) ‘Salvage’. ‘‘(i) Each owner of a passenger motor vehi- ‘‘(D) REQUIREMENT FOR SALVAGE TITLE.—A ‘‘(ii) ‘Unrebuildable’. cle that submits a vehicle for an antitheft rebuilt salvage title shall be conspicuously ‘‘(iii) ‘Parts only’. inspection shall be required to provide— labeled, either with ‘Rebuilt Salvage Vehi- ‘‘(iv) ‘Scrap’. ‘‘(I) a completed document identifying the cle—Antitheft and Safety Inspections ‘‘(v) ‘Junk’. damage that occurred to the vehicle before Passed’ or ‘Rebuilt Salvage Vehicle— ‘‘(vi) ‘Nonrepairable’. being repaired; Antitheft Inspection Passed/No Safety In- ‘‘(vii) ‘Reconstructed’. ‘‘(II) a list of replacement parts used to re- spection Pursuant to National Criteria’, as ‘‘(viii) ‘Rebuilt’. pair the vehicle; appropriate, across the front of the docu- ‘‘(ix) Any other similar term, as deter- ‘‘(III) proof of ownership of the replace- ment. mined by the Secretary. ment parts referred to in subclause (II) (as ‘‘(6) NONREPAIRABLE VEHICLE.— ‘‘(B) FLOOD DAMAGE.—A State shall be sub- evidenced by bills of sale, invoices or, if such ‘‘(A) IN GENERAL.—The term ‘nonrepairable ject to the requirements of paragraph (1) if a documents are not available, other proof of vehicle’ means any passenger motor vehicle term or symbol on a title issued previously ownership for the replacement parts); and that— for a passenger vehicle indicates that the ve- ‘‘(IV) an affirmation by the owner that— ‘‘(i)(I) is incapable of safe operation for use hicle has been damaged by flood. ‘‘(aa) the information required to be sub- on roads or highways; and ‘‘(b) NATIONALLY UNIFORM TITLE STAND- mitted under this subparagraph is complete ‘‘(II) has no resale value, except as a source ARDS AND CONTROL METHODS.— and accurate; and of parts or scrap only; or ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(bb) to the knowledge of the declarant, no ‘‘(ii) the owner irreversibly designates as a after the date of the enactment of the Na- stolen parts were used during the rebuilding source of parts or scrap. tional Motor Vehicle Safety, Antitheft, Title of the repaired vehicle. ‘‘(B) CERTIFICATE.—Each nonrepairable ve- Reform, and Consumer Protection Act of ‘‘(ii) Any passenger motor vehicle or any hicle shall be issued a nonrepairable vehicle 1996, the Secretary shall issue regulations major part or major replacement part re- certificate. that require each State that licenses pas- quired to be marked under this section or ‘‘(7) NONREPAIRABLE VEHICLE CERTIFI- senger motor vehicles with respect to which the regulations issued under this section CATE.— the ownership is transferred on or after the that— ‘‘(A) IN GENERAL.—The term ‘nonrepairable date that is 2 years after the issuance of ‘‘(I) has a mark or vehicle identification vehicle certificate’ means a passenger motor final regulations, to apply with respect to number that has been illegally altered, de- vehicle ownership document issued by the the issuance of the title for any such motor faced, or falsified; or State to the owner of a nonrepairable vehi- vehicle uniform standards, procedures, and ‘‘(II) cannot be identified as having been cle. methods for— legally obtained (through evidence described ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership ‘‘(A) the issuance and control of that title; in clause (i)(III)), of the passenger motor vehicle may be trans- and shall be contraband and subject to seizure.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9576 CONGRESSIONAL RECORD — SENATE August 2, 1996 ‘‘(iii) To avoid confiscation of parts that tled as a salvage vehicle or nonrepairable ve- of a rebuilt salvage title for a passenger have been legally rebuilt or manufactured, hicle, the insurance company shall, as re- motor vehicle with a salvage title without a the regulations issued under this subsection quired by the applicable State— certificate of inspection that— shall include procedures that the Secretary, ‘‘(I) notify— ‘‘(aa) complies with the security and guide- in consultation with the Attorney General of ‘‘(aa) the owner of the owner’s obligation line standards established by the Secretary the United States, shall establish— to apply for a salvage title or nonrepairable under subparagraphs (C) and (G), as applica- ‘‘(I) for dealing with parts with a mark or vehicle certificate for the passenger motor ble; and vehicle identification number that is nor- vehicle; and ‘‘(bb) indicates that the vehicle has passed mally removed during remanufacturing or ‘‘(bb) the State passenger motor vehicle ti- the inspections required by the State under rebuilding practices that are considered ac- tling office that a salvage title or nonrepair- subparagraph (H). ceptable by the automotive industry; and able vehicle certificate should be issued for ‘‘(II) Nothing in this clause shall preclude ‘‘(II) deeming any part referred to in clause the vehicle; or the issuance of a new salvage title for a sal- (i) to meet the identification requirements ‘‘(II) withhold payment of the claim until vage vehicle after a transfer of ownership. under the regulations if the part bears a con- the owner applies for a salvage title or non- ‘‘(ix) After a passenger motor vehicle titled spicuous mark of such type, and is applied in repairable vehicle certificate. with a salvage title has passed the inspec- such manner, as may be determined by the ‘‘(iv) If a leased passenger motor vehicle tions required by the State, the inspection Secretary to indicate that the part has been incurs damage requiring the vehicle to be ti- official shall— rebuilt or remanufactured. tled as a salvage vehicle or nonrepairable ve- ‘‘(I) affix a secure decal required under sec- ‘‘(iv) With respect to any vehicle part, the hicle, the lessor shall be required to apply tion 33301(4) (that meets permanency re- regulations issued under this subsection for a salvage title or nonrepairable vehicle quirements that the Secretary shall estab- shall— certificate not later than 21 days after being lish by regulation) to the door jamb on the ‘‘(I) acknowledge that a mark or vehicle notified by the lessee that the vehicle has driver’s side of the vehicle; and identification number on such part may be been so damaged, except in any case in which ‘‘(II) issue to the owner of the vehicle a legally removed or altered, as provided under an insurance company, under a damage set- certificate indicating that the passenger section 511 of title 18, United States Code; tlement, acquires ownership of the vehicle. motor vehicle has passed the inspections re- and The lessee of such vehicle shall be required quired by the State. ‘‘(II) direct inspectors to adopt such proce- to inform the lessor that the leased vehicle ‘‘(x)(I) The owner of a passenger motor ve- dures as may be necessary to prevent the sei- has been so damaged not later than 30 days hicle titled with a salvage title may obtain a zure of a part from which the mark or vehi- after the occurrence of the damage. rebuilt salvage title and vehicle registration cle identification number has been legally ‘‘(v)(I) Any person who acquires ownership by presenting to the State the salvage title, removed or altered. of a damaged passenger motor vehicle that properly assigned, if applicable, along with ‘‘(v) The Secretary shall establish nation- meets the definition of a salvage or non- the certificate that the vehicle has passed ally uniform safety inspection criteria to be repairable vehicle for which a salvage title the inspections required by the State. used in States that require such a safety in- or nonrepairable vehicle certificate has not ‘‘(II) If the owner of a rebuilt salvage vehi- spection. A State may determine whether to been issued, shall be required to apply for a cle submits the documentation referred to in conduct such safety inspection, contract salvage title or nonrepairable vehicle certifi- subclause (I), the State shall issue upon the with a third party, or permit self-inspection. cate, whichever is applicable. request of the owner a rebuilt salvage title Any inspection conducted under this clause ‘‘(II) An application under subclause (I) and registration to the owner. When a re- shall be subject to criteria established by the shall be made the earlier of— built salvage title is issued, the State Secretary. A State that requires a safety in- ‘‘(aa) the date on which the vehicle is fur- records shall so note. spection under this clause may require the ther transferred; or ‘‘(K) FLOOD VEHICLES.— payment of a fee for such inspection or the ‘‘(bb) 30 days after ownership is acquired. ‘‘(i) IN GENERAL.—A seller of a passenger processing of such inspection. ‘‘(III) The requirements of this clause shall motor vehicle that becomes a flood vehicle ‘‘(I) DUPLICATE TITLES.—No duplicate or re- not apply to any scrap metal processor shall, at or before the time of transfer of placement title may be issued by a State un- that— ownership, provide a written notice to the less— ‘‘(aa) acquires a passenger motor vehicle ‘‘(i) the term ‘duplicate’ is clearly marked for the sole purpose of processing the motor purchaser that the vehicle is a flood vehicle. on the face of the duplicate or replacement vehicle into prepared grades of scrap; and At the time of the next title application for title; and ‘‘(bb) carries out that processing. the vehicle— ‘‘(ii) the procedures issued are substan- ‘‘(vi) State records shall note when a non- ‘‘(I) the applicant shall disclose the flood tially consistent with the recommendation repairable vehicle certificate is issued. No status to the applicable State with the prop- designated as recommendation 3 in the re- State shall issue a nonrepairable vehicle cer- erly assigned title; and port issued on February 10, 1994, under sec- tificate after 2 transfers of ownership in vio- ‘‘(II) the term ‘Flood’ shall be conspicu- tion 140 of the Anti Car Theft Act of 1992 (15 lation of section 33301(b)(7)(B). ously labeled across the front of the new U.S.C. 2041 note) by the task force estab- ‘‘(vii)(I) In any case in which a passenger title document. lished under such section. motor vehicle has been flattened, baled, or ‘‘(ii) LEASED VEHICLES.—In the case of a ‘‘(J) TITLING AND CONTROL METHODS.—Each shredded, whichever occurs first, the title or leased passenger motor vehicle, the lessee, State shall employ the following titling and nonrepairable vehicle certificate for the ve- within 15 days after the occurrence of the control methods: hicle shall be surrendered to the State not event that caused the vehicle to become a ‘‘(i) If an insurance company is not in- later than 30 days after that occurrence. flood vehicle, shall give the lessor written volved in a damage settlement involving a ‘‘(II) If the second transferee on a non- disclosure that the vehicle is a flood vehicle. salvage vehicle or a nonrepairable vehicle, repairable vehicle certificate is unequipped ‘‘(c) ELECTRONIC PROCEDURES.—A State the passenger motor vehicle owner shall be to flatten, bale, or shred the vehicle, such may employ electronic procedures in lieu of required to apply for a salvage title or non- transferee shall be required, at the time of paper documents in any case in which such repairable vehicle certificate, whichever is final disposal of the vehicle, to use the serv- electronic procedures provide levels of infor- applicable, before the earlier of the date— ices of a professional automotive recycler or mation, function, and security required by ‘‘(I) on which the passenger motor vehicle professional scrap processor. That recycler this section that are at least equivalent to is repaired or the ownership of the passenger or reprocessor shall have the authority to— the levels otherwise provided by paper docu- motor vehicle is transferred; or ‘‘(aa) flatten, bale, or shred the vehicle; ments. ‘‘(II) that is 30 days after the passenger and ‘‘§ 33303. Petitions for extensions of time motor vehicle is damaged. ‘‘(bb) effect the surrender of the nonrepair- ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(ii) If an insurance company, under a able vehicle certificate to the State on be- (b), if a State demonstrates to the satisfac- damage settlement, acquires ownership of a half of the second transferee. tion of the Secretary, a valid reason for passenger motor vehicle that has incurred ‘‘(III) State records shall be updated to in- needing an extension of a deadline for com- damage requiring the vehicle to be titled as dicate the destruction of a vehicle under this pliance with requirements under section a salvage vehicle or nonrepairable vehicle, clause and no further ownership transactions 33302(a), the Secretary may extend, for a pe- the insurance company shall be required to for the vehicle shall be permitted after the riod determined by the Secretary, an other- apply for a salvage title or nonrepairable ve- vehicle is so destroyed. wise applicable deadline with respect to that hicle certificate not later than 15 days after ‘‘(IV) If different from the State of origin State. the title to the motor vehicle is— of the title or nonrepairable vehicle certifi- ‘‘(b) LIMITATION.—No extension made under ‘‘(I) properly assigned by the owner to the cate, the State of surrender shall notify the subsection (a) shall remain in effect on or insurance company; and State of origin of the surrender of the title after the applicable compliance date estab- ‘‘(II) delivered to the insurance company or nonrepairable vehicle certificate and of lished under section 33302(b). with all liens released. the destruction of such vehicle. ‘‘(iii) If an insurance company does not as- ‘‘(viii)(I) In any case in which a salvage ‘‘§ 33304. Effect on State law sume ownership of a passenger motor vehicle title is issued, the State records shall note ‘‘(a) IN GENERAL.—Beginning on the effec- of an insured person or claimant that has in- that issuance. No State may permit the re- tive date of the regulations issued under sec- curred damage requiring the vehicle to be ti- titling for registration purposes or issuance tion 33302, this chapter shall preempt any

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9577 State law, to the extent that State law is in- ‘‘(2) imprisoned for a term not to exceed 3 ignation. All eight communities in the consistent with this chapter or the regula- years; or area traversed by these river segments tions issued under this chapter (including ‘‘(3) subject to both fine under paragraph are supporting his important legisla- the regulations issued under section 33302), (1) and imprisonment under paragraph (2).’’. tion. that— (b) CONFORMING AMENDMENT.—The analysis ‘‘(1) establish the form of the passenger for subtitle VI of title 49, United States Our legislation is of minimal cost to motor vehicle title; Code, is amended by adding at the end the the Federal Government but by using ‘‘(2)(A) define, in connection with a pas- following new item: limited Federal resources we can lever- senger motor vehicle (but not in connection ‘‘333. Automobile Safety, Antitheft, age significant local and State effort. with a passenger motor vehicle part or part and Title Disclosure Require- Provisions in the bill limit the Federal assembly separate from a passenger motor ments ...... 33301’’. Government’s contribution to just vehicle)— $100,000 annually, with no more than a ‘‘(i) any term defined in section 33301; By Mr. KERRY (for himself and ‘‘(ii) the term ‘salvage’, ‘junk’, ‘recon- 50 percent share of any given activity. structed’, ‘nonrepairable’, ‘unrebuildable’, Mr. KENNEDY): This is a concept that merits the sup- ‘scrap’, ‘parts only’, ‘rebuilt’, ‘flood’, or any S. 2032. A bill to designate a portion port of Congress. Should our bill be- other similar symbol or term; or of the Sudbury, Assabet, and Concord come law, the SuAsCo River steward- ‘‘(B) apply any of the terms referred to in Rivers as a component of the National ship council, in cooperation with Fed- subparagraph (A) to any passenger motor ve- Wild And Scenic Rivers System; to the eral, State, and local governments hicle (but not in connection with a passenger Committee on Energy and Natural Re- would manage the land. motor vehicle part or part assembly separate sources. We now have the opportunity to pro- from a passenger motor vehicle); and ‘‘(3) establish titling, recordkeeping, THE SUDBURY, ASSABET, AND CONCORD WILD tect the precious 29-mile section of the antitheft inspection, or control procedures in AND SCENIC RIVERS ACT Assabet, Sudbury, and Concord Rivers. connection with any salvage vehicle, rebuilt Mr. KERRY. This area is not only rich in ecological salvage vehicle, nonrepairable vehicle, or Mr. President, I am pleased to join value but also in historical and literary flood vehicle. my distinguished colleague from Mas- value. I urge my colleagues to support ‘‘(b) RULE OF CONSTRUCTION.— sachusetts, Senator KENNEDY, in intro- this bill and through it to preserve this ‘‘(1) ADDITIONAL DISCLOSURES.—Additional ducing the Sudbury, Assabet, and Con- disclosures of the title status or history of a wild river valley for the enjoyment and motor vehicle, in addition to disclosures cord [SuAsCo] Wild and Scenic Rivers instruction of all who live and work made concerning the applicability of terms Act. This is the companion bill to H.R. there, for visitors from throughout the defined in section 33301, may not be consid- 3405, sponsored by Representatives nation and, perhaps most importantly, ered to be inconsistent with this chapter. MEEHAN, MARKEY, and TORKILDSEN. for generations yet to come. ‘‘(2) INCONSISTENT TERMS.—When used in The Sudbury, Assabet, and Concord I ask unanimous consent that a copy connection with a passenger motor vehicle river area is rich in history and lit- of the bill be printed in the RECORD. (but not in connection with a passenger erary significance. It has been the loca- There being no objection, the bill was motor vehicle part or part assembly separate tion of many historical events, most from a passenger motor vehicle), any defini- ordered to be printed in the RECORD, as tion under Federal or State law of a term de- notably the Battle of Concord in the follows: fined in section 33301 that is different from Revolutionary War, that gave our S. 2032 the definition provided for in that section or great Nation its independence. The Be it enacted by the Senate and House of Rep- any use of any other term listed in sub- Concord River flows under the North resentatives of the United States of America in section (a), shall be considered to be incon- Bridge in Concord, MA, where, on April Congress assembled, sistent with this chapter. 18, 1775, colonial farmers fired the leg- SECTION 1. SHORT TITLE. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in endary ‘‘shot heard around the world’’ This Act may be cited as the ‘‘Sudbury, this chapter shall preclude a State from dis- which signaled the start of the Revolu- Assabet and Concord Wild and Scenic Rivers closing on a rebuilt salvage title that a re- Act’’. built salvage vehicle has passed a State safe- tionary War. In later years, this scenic area was SEC. 2. FINDINGS. ty inspection that differed from the nation- The Congress finds the following: ally uniform criteria promulgated under sec- also home to many of our literary he- (1) Title VII of Public Law 101–628— tion 33302(b)(2)(H)(v). roes including, Ralph Waldo Emerson, (A) designated segments of the Sudbury, ‘‘§ 33305. Civil and criminal penalties Henry David Thoreau, and Louisa May Assabet, and Concord Rivers in the Common- ‘‘(a) PROHIBITED ACTS.—It shall be unlawful Alcott. Their writing often focused on wealth of Massachusetts, totaling 29 river for any person knowingly and willfully to— the bucolic rivers. Thoreau spent most miles, for study of potential addition to the ‘‘(1) make or cause to be made any false of his life in Concord, MA, where he National Wild and Scenic Rivers System, and statement on an application for a title (or passed his days immersed in his writ- (B) directed the Secretary of the Interior to establish the Sudbury, Assabet, and Con- duplicate title) for a passenger motor vehi- ing and enjoying the natural sur- cle; cord River Study Committee (in this Act re- ‘‘(2) fail to apply for a salvage title in any roundings. He spoke of the Concord ferred to as the ‘‘Study Committee’’) to ad- case in which such an application is re- River when he wrote ‘‘the wild river vise the Secretary of the Interior in con- quired; valley and the woods were bathed in so ducting the study and concerning manage- ‘‘(3) alter, forge, or counterfeit— pure and bright a light as would have ment alternatives should the river be in- ‘‘(A) a certificate of title (or an assignment waked the dead, if they had been slum- cluded in the National Wild and Scenic Riv- thereof); bering in their graves, as some suppose. ers System. ‘‘(B) a nonrepairable vehicle certificate; (2) The study determined that: There needs no strong proof of immor- —the 16.6 mile segment of the Sudbury ‘‘(C) a certificate verifying an antitheft in- tality.’’ This area was held close to spection or an antitheft and safety inspec- River beginning at the Danforth Street tion; or many an author’s heart. It was a place Bridge in the Town of Framingham, to its ‘‘(D) a decal affixed to a passenger motor of relaxation and inspiration for many. confluence with the Assabet River vehicle under section 33302(b)(2)(J)(ix); The Sudbury, Assabet, and Concord —the 4.4 mile segment of the Assabet River ‘‘(4) falsify the results of, or provide false Wild Rivers Act would amend the Wild from 1000 feet downstream from the Damon information in the course of, an inspection and Scenic Rivers Act to include a 29 Mill Dam in the Town of Concord to the con- fluence with the Sudbury River at Egg Rock conducted under section 33302(b)(2)(H); mile segment of the Assabet, Concord, ‘‘(5) offer to sell any salvage vehicle or in Concord, and and Sudbury Rivers. Based on a report —the 8 mile segment of the Concord River nonrepairable vehicle as a rebuilt salvage ve- authorized by Congress in 1990 and from Egg Rock at the confluence of the Sud- hicle; or bury and Assabet Rivers to the Route 3 ‘‘(6) conspire to commit any act under issued by the National Park Service in Bridge in the Town of Billerica paragraph (1), (2), (3), (4), or (5). 1995, these river segments were deter- ‘‘(b) CIVIL PENALTY.—Any person who com- mined worthy of inclusion in the Wild are eligible for inclusion in the National mits an unlawful act under subsection (a) and Scenic Rivers Program. In its re- Wild and Scenic Rivers System based upon shall be subject to a civil penalty in an port, the SuAsCo Wild and Scenic their free-flowing condition and outstanding amount not to exceed $2,000. Study Committee showed that this scenic, recreation, wildlife, literary, and his- ‘‘(c) CRIMINAL PENALTY.—Any person who toric values. knowingly commits an unlawful act under area has not only the necessary scenic, (3) The towns that directly abut the seg- subsection (a) shall, upon conviction, be— recreational, and ecological value, but ments, including Framingham, Sudbury, ‘‘(1) subject to a fine in an amount not to also the historical and literary value to Wayland, Lincoln, Concord, Bedford, Car- exceed $50,000; merit the Wild and Scenic River des- lisle, and Billerica, Massachusetts, have each

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9578 CONGRESSIONAL RECORD — SENATE August 2, 1996 demonstrated their desire for National Wild wealth of Massachusetts, its relevant polit- events in the Nation’s history. Stone’s and Scenic River Designation through town ical subdivisions, the Sudbury Valley Trust- Bridge and Four Arched Bridge over meeting votes endorsing designation. ees, and the Organizations for the Assabet the Sudbury River date from the pre- (4) During the study, the Study Committee River. Such cooperative agreements shall be Revolutionary War days. On Old North and the National Park Service prepared a consistent with the Plan and may include comprehensive management plan for the seg- provisions for financial or other assistance Bridge over the Concord River, the ments, entitled ‘‘Sudbury, Assabet and Con- from the United States to facilitate the long- ‘‘shot heard ’round the world’’ was cord wild and Scenic River Study, River term protection, conservation and enhance- fired on April 19, 1775, to begin the Rev- Management Plan’’, dated March 16, 1995, ment of the segments. olutionary War. At Lexington and Con- which establishes objectives, standards, and (iii) The Director may provide technical cord, the Colonists began their armed action programs that will ensure long-term assistance, staff support, and funding to as- resistance against British rule, and the protection of the rivers’ outstanding values sist in the implementation of the Plan, ex- cept that the total cost to the Federal Gov- first American Revolutionary War sol- and compatible management of their land diers fell in battle. and water resources. ernment of activities to implement the Plan (5) The river management plan does not may not exceed $100,000 each fiscal year. In the 19 century, the Sudbury, call for federal land acquisition for Wild and (iv) Notwithstanding the provisions of 19(c) Assabet, and Concord Rivers earned Scenic River purposes and relies upon state, of the Wild and Scenic Rivers Act, any por- their lasting fame in the works of local and private entities to have the pri- tion of the segments not already within the Ralph Waldo Emerson, Nathaniel Haw- mary responsibility for ownership and man- National Park System shall not under this thorne, and Henry David Thoreau, all agement of the Sudbury, Assabet and Con- Act) (I) become a part of the National Park Sys- of whom lived in this area and spent a cord Wild and Scenic River resources. tem; great deal of time on the rivers. Emer- (6) The Study Committee voted unani- (II) be managed by the National Park Serv- son cherished the Concord River as a mously on February 23, 1995, to recommend ice; or that the Congress include these segments in place to leave ‘‘the world of villages (III) be subject to regulations which govern and personalities behind, and pass into the National Wild and Scenic Rivers System the National Park System. for management in accordance with the (c) WATER RESOURCES PROJECTS.—(i) In de- a delicate realm of sunset and moon- River Conservation Plan. termining whether a proposed water re- light.’’ SEC. 3. WILD, SCENIC, AND RECREATIONAL sources project would have a direct and ad- Hawthorne wrote ‘‘The Scarlet Let- RIVER DESIGNATION. verse effect on the values for which the seg- ter’’ and ‘‘Mosses from an Old Manse’’ Section 3(a) of the *Wild and Scenic Rivers ments were included in the National Wild in an upstairs study overlooking the Act (16 U.S.C. 1274(a)) is amended by adding and Scenic Rivers System, the Secretary Concord River. He also enjoyed boating at the end the following new paragraph: shall specifically consider the extent to on the Assabet River, of which he said ‘‘() SUDBURY, ASSABET AND CONCORD RIV- which the project is consistent with the that ‘‘a more lovely stream than this, ERS, MASSACHUSETTS.— Plan. ‘‘(A) IN GENERAL.—The 29 miles of river (ii) The Plan, including the detailed Water for a mile above its junction with the segments in Massachusetts consisting of the Resources Study incorporated by reference Concord, has never flowed on earth.’’ Sudbury River from the Danforth Street therein and such additional analysis as may Thoreau delighted in long, solitary Bridge in Framingham downstream to its be incorporated in the future, shall serve as walks along the banks of the rivers confluence with the Assabet River at Egg the primary source of information regarding amidst the ‘‘straggling pines, shrub Rock; the Assabet River from a point 1,000 the flows needed to maintain instream re- oaks, grape vines, ivy, bats, fireflies, feet downstream of the Damondale Dam in sources and potential compatibility between and alders,’’ contemplating humanity’s Concord to its confluence with the Sudbury resource protection and possible additional water withdrawals. relationship to nature. His journals de- River at Egg Rock; and the Concord River scribing his detailed observations of from its origin at Egg Rock in Concord (d) LAND MANAGEMENT.—(i) The zoning by- downstream to the route 3 bridge in Billerica laws of the towns of Framingham, Sudbury, the flora and fauna in the area have in- (in this paragraph referred to as ‘segments’), Wayland, Lincoln, Concord, Carlisle, Bed- spired poets and naturalists to the as scenic and recreational river segments. ford, and Billerica, Massachusetts, as in ef- present day, and helped to give birth to The segments shall be administered by the fect on the date of enactment of this para- the modern environmental movement. Secretary of the Interior through coopera- graph, are deemed to satisfy the standards By protecting the rivers, a future Tho- and requirements under section 6(c) of the tive agreements between the Secretary of reau, Emerson, or Hawthorne may one the Interior and the Commonwealth of Mas- Wild and Scenic Rivers Act. For the purpose of section 6(c) of the Wild and Scenic Rivers day walk along their shores and gain sachusetts and its relevant political subdivi- new inspiration from these priceless sions (including the Towns of Framingham, Act, the towns are deemed to be ‘villages’ Wayland, Sudbury, Lincoln, Concord Car- and the provisions of that section which pro- natural resources. lisle, Bedford, and Billerica) pursuant to Sec- hibit Federal acquisition of lands shall In 1990, Congress authorized the Na- apply. tion 10(e) of this Act. The segments shall be tional Park Service to issue a report to (ii) the United States Government shall managed in accordance with the plan enti- determine whether the three rivers are not acquire by any means title to land, ease- tled ‘‘Sudbury, Assabet and Concord Wild ments, or other interests in land along the eligible for designation as Wild and and Scenic River Study, River Conservation segments for the purposes of designation of Scenic Rivers. Under the National Plan’’ dated March 16, 1995 (in this paragraph the segments under this Act or the Wild and Park Service’s guidelines, a river is referred to as the ‘Plan’). The Plan is deemed Scenic Rivers Act. Nothing in this Act or the considered eligible for the designation to satisfy the requirement for a comprehen- Wild and Scenic Rivers Act shall prohibit if it possesses at least one ‘‘outstand- sive management plan under section 3(d) of federal acquisition of interests in land along this Act.’’ ingly remarkable resource value.’’ In the segments under other laws for other pur- fact, the three rivers were found to pos- SEC. 4. MANAGEMENT. poses. sess five outstanding resource values— (a) COMMITTEE.—The Director of the Na- SEC. 5. FUNDING AUTHORIZATION. tional Park Service (in this paragraph re- There are authorized to be appropriated to scenic, recreational, ecological, histor- ferred to as the ‘Director’), or his or her des- the Secretary of the Interior to carry out the ical, and literary. The report also con- ignee, shall represent the Secretary of the purposes of this Act no more than $100,000 for cluded that the rivers are suitable for Interior on the SUASCO River Stewardship each fiscal year. designation based upon the existing Council provided for in the ‘‘Sudbury, Mr. KENNEDY. Mr. President, it is a local protection of their resources and Assabet and Concord Wild and Scenic River privilege to join Senator KERRY today the strong local support for their pres- Study, River Management Plan’’ (the ‘Plan’). ervation. (b) FEDERAL ROLE.—(i) The Director rep- in sponsoring legislation to designate a resent the Secretary of the Interior in the 29-mile segment of the Sudbury, Our bill will protect a 29-mile seg- implementation of the Plan and the provi- Assabet, and Concord Rivers in Massa- ment of the Sudbury, Assabet, and sions of the Wild and Scenic Rivers Act with chusetts as a component of the Na- Concord Rivers that runs through or respect to the segments, including the re- tional Wild and Scenic Rivers system. along the borders of eight Massachu- view of proposed federally assisted water re- Our proposal has the bipartisan sup- setts towns—Framingham, Sudbury, sources projects which could have a direct port of Congressmen MARTIN T. MEE- Wayland, Concord, Lincoln, Bedford, and adverse effect on the values for which HAN, PETER G. TORKILDSEN, and ED- Carlisle, and Billerica. A River Stew- the segments are established, as authorized ardship Council will be established to under section 7(a) of the Wild and Scenic WARD J. MARKEY, who introduced an Rivers Act. identical bill in the House of Rep- coordinate the efforts of all levels of (ii) Pursuant to section 10(e) and section resentatives on May 7, 1996. government to strengthen protections 11(b)(1), the Director shall offer to enter into The Sudbury, Assabet, and Concord for the river and address future threats cooperative agreements with the Common- Rivers have witnessed many important to the environment. The legislation

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9579 also requires at least a one-to-one non- I would very much like to introduce WHAT IT WILL COST Federal match for any Federal expendi- the Senate-passed measure providing According to the CBO, this bill will tures, and contains provisions which full parity, or perhaps even something not cost much. Frankly, I believe that preclude federal takings of private more than I am now. even their cost estimates, even though lands. But in the interests of time, sim- practically inconsequential, are too Thoreau wrote in 1847 that rivers plicity, and underlying, basic fairness, high. ‘‘are the constant lure, when they flow I believe this measure is a necessary CBO says this bill will cause a 0.4- by our doors, to distant enterprise and step toward making health coverage percent increase in overall premiums, adventure. . . . They are the natural equitable for all Americans, regardless ultimately resulting in a 0.16-percent highways of all nations, not only lev- of the nature of their illness. increase in employer contributions to eling the ground and removing obsta- I believe this measure provides the employee health plans. cles, from the path of the traveler, but fundamentals upon which better under- Even though these costs are small— conducting him through the most in- standing and treatment can be built, in a typical plan, a $0.60 to $0.67 in- teresting scenery.’’ Standing on the and I believe the Senate should not crease per member per month—these banks of the Sudbury, Assabet, and miss this opportunity to do the right projections are based on an assumption Concord Rivers, as Thoreau often did, thing and end discrimination against of increased utilization. citizens today gain a greater sense of Americans suffering from a mental ill- This estimate does not even factor in the ebb and flow of the nation’s history ness. the effects of managed care. and enjoy the benefit of some of the WHAT IT IS We all know how managed care ar- most beautiful scenery in all of Amer- Let me again tell you what this bill rangements affect utilization and over- ica. I urge my colleagues to support will and will not do. all health care spending. this legislation, so that these three This bill simply states that health Of the 99 percent of ERISA plans of- proud rivers will be protected for the plans wishing to offer a mental health fering mental health benefits, 75 per- enjoyment and contemplation of future benefit—this is their option, there is cent already provide this care through generations. nothing in this provisions saying that a managed care arrangement—this they must offer any mental health ben- number is growing each day. By Mr. DOMENICI (for himself, efits at all—if they choose to offer a If managed care were included in Mr. WELLSTONE, Mr. SIMPSON, mental health benefit, they must pro- these assumptions, this provision Mr. CONRAD, Mr. WARNER, Mr. vide the same overall financial protec- would not likely cost anything at all. SPECTER, Mr. REID, Mr. DODD, tion to people with a mental illness And the percentage of Americans Mr. GRASSLEY, Mrs. KASSE- that they provide to people with a ever reaching these new limits will be BAUM, Mr. KENNEDY, Mr. BURNS, physical illness. incredibly small—less than 5 percent of Mr. HARKIN, Mr. CHAFEE, and If they have a $1 million lifetime beneficiaries. Mr. MOYNIHAN): limit for someone with cancer, or dia- So you can see why I do not believe S. 2031. A bill to provide health plan betes, or heart disease, they cannot this bill will cost even the small protections for individuals with a men- have a lifetime limit of $50,000 for amount predicted by CBO. someone with schizophrenia or manic tal illness; to the Committee on Labor EXPERIENCES OF STATES THAT HAVE ALREADY and Human Resources. depression—they must provide $1 mil- IMPLEMENTED PARITY THE MENTAL HEALTH PARITY ACT OF 1996 lion for the person with a mental ill- Some of my colleagues might be Mr. DOMENICI. Mr. President, I re- ness. skeptical of these claims They do not have to create another, gret that it was not possible to retain Let me just outline the experiences separate $1 million for mental illness— this eminently fair and simple com- of a few States that have already im- they can include these treatments in promise in the conference agreement plemented parity. on health insurance reform. their overall cap if they like. Texas—Full parity and chemical de- But they cannot impost a separate, Though this attempt to create funda- pendency benefits for State and local lower overall limit for mental illness. mental fairness for the mentally ill This same arrangement applies to an- government employees, including all was not completed, this issue will not nual financial caps, as well. school districts and university employ- go away. Since this compromise provides equal ees (over 230,000 lives)—a 47.9-percent The Americans who would have been catastrophic protections, it protects reduction in overall yearly mental helped by our compromise will not go Americans with the most severe and health expenditures. away. debilitating forms of mental illness. Maryland—Full parity for all State- Nor will I. It does not apply to the constellation regulated plans—(over 400,000 covered As long as I am in this body, I will of disorders and problems that concern lives)—an increase in cost of 0.6 per- continue to fight to end discrimination some of my colleagues such as marital cent per member per month [PMPM]. against Americans with a mental ill- problems, or behavioral problems, or Rhode Island—Full parity for severe ness. maladjustments. illnesses and chemical dependency—an I am therefore introducing the com- WHAT IT IS NOT increase in cost of 0.33 percent PMPM. promise I offered the conference com- It should be made clear what this bill Massachusetts—Full parity for se- mittee as a free-standing bill. does not do. vere illnesses—a 5-percent increase in The measure I am introducing today This bill does not mandate mental utilization, but a 22-percent reduction with the support and cosponsorship of health benefits; in mental health expenditures. Senators WELLSTONE, WARNER, SPEC- It does not include substance abuse These numbers are for parity in the TER, REID, SIMPSON, and CONRAD, is a or chemical dependency; general sense, not the very limited bal- vast departure from what the Senate It does not dictate what a plan can or ance included in the measure I am in- originally passed during consideration must charge for services—whether they troducing today. of health insurance reform legislation. be copays, deductibles, out-of-pocket Mr. President, I ask unanimous con- The Senate passed full parity for limits, and so forth; sent that the text of the bill be printed mental illness—full parity means that It does not set or dictate how many in the RECORD. mental illnesses are treated as equals inpatient hospital days or outpatient There being no objection, the bill was to physical illnesses in all respects of visits must be provided or covered. ordered to be printed in the RECORD, as health coverage—copays, deductibles, It does not, in any way, restrict a follows: inpatient hospital days, outpatient vis- health plan’s ability to manage care, S. 2031 its, out-of-pocket protections, and such as preadmission screening, Be it enacted by the Senate and House of Rep- overall lifetime and annual expendi- preauthorization of services, limiting resentatives of the United States of America in ture limits. coverage based on medical necessity, Congress assembled, The measure I present today, how- and so forth. SECTION 1. SHORT TITLE. ever, covers parity only for lifetime It does not apply to employers of 25 This Act may be cited as the ‘‘Mental and annual caps. or less. Health Parity Act of 1996’’.

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SEC. 2. PLAN PROTECTIONS FOR INDIVIDUALS which was not in existence throughout the THE DOE REPORTS ELIMINATION AND WITH A MENTAL ILLNESS. preceding calendar year, the determination STREAMLINING ACT OF 1996 (a) PERMISSIBLE COVERAGE LIMITS UNDER A of whether such employer is a small em- GROUP HEALTH PLAN.— Mr. JOHNSTON. Mr. President, ployer shall be based on the average number today I am introducing the DOE Re- (1) AGGREGATE LIFETIME LIMITS.— of employees that it is reasonably expected (A) IN GENERAL.—With respect to a group such employer will employ on business days ports Elimination and Streamlining health plan offered by a health insurance in the current calendar year. Act of 1996, to implement a number of issuer, that applies an aggregate lifetime (C) PREDECESSORS.—Any reference in this recommendations that have been re- limit to plan payments for medical or sur- subsection to an employer shall include a ceived from the administration for the gical services covered under the plan, if such reference to any predecessor of such em- repeal of requirements for unnecessary plan also provides a mental health benefit ployer. such plan shall— or obsolete reports to Congress from (i) include plan payments made for mental SEC. 3. DEFINITIONS. the Department of Energy. A number health services under the plan in such aggre- of my colleagues, particularly Senators For purposes of this Act: gate lifetime limit; or LEVIN, MCCAIN, and COHEN, have de- (1) GROUP HEALTH PLAN.— (ii) establish a separate aggregate lifetime voted considerable effort over the past limit applicable to plan payments for mental (A) IN GENERAL.—The term ‘‘group health plan’’ means an employee welfare benefit few years to relieving executive branch health services under which the dollar agencies from the unnecessary burden amount of such limit (with respect to mental plan (as defined in section 3(1) of the Em- health services) is equal to or greater than ployee Retirement Income Security Act of of reporting requirements that have the dollar amount of the aggregate lifetime 1974) to the extent that the plan provides outlived their usefulness. It has been a limit on plan payments for medical or sur- medical care (as defined in paragraph (2)) difficult task, and these colleagues and gical services. and including items and services paid for as their staff deserve our thanks for what (B) NO LIFETIME LIMIT.—With respect to a medical care) to employees or their depend- they have been able to accomplish in group health plan offered by a health insur- ents (as defined under the terms of the plan) terms of crafting a long-term solution directly or through insurance, reimburse- ance issuer, that does not apply an aggregate to the problem. I believe that it re- lifetime limit to plan payments for medical ment, or otherwise. or surgical services covered under the plan, (B) MEDICAL CARE.—The term ‘‘medical mains incumbent, though, on author- such plan may not apply an aggregate life- care’’ means amounts paid for— izing committees to review statutory time limit to plan payments for mental (i) the diagnosis, cure, mitigation, treat- reports required of agencies within health services covered under the plan. ment, or prevention of disease, or amounts their jurisdiction and to act to modify (2) ANNUAL LIMITS.— paid for the purpose of affecting any struc- or repeal such requirements, where (A) IN GENERAL.—With respect to a group ture or function of the body, needed. That is what the present bill health plan offered by a health insurance (ii) amounts paid for transportation pri- does. This bill also repeals legislative issuer, that applies an annual limit to plan marily for and essential to medical care re- authorization for two now-defunct of- payments for medical or surgical services ferred to in clause (i), and covered under the plan, if such plan also pro- (iii) amounts paid for insurance covering fices in the Department of Energy. vides a mental health benefit such plan medical care referred to in clauses (i) and Mr. President, I would now like to shall— (ii). briefly describe the rationale behind (i) include plan payments made for mental (2) HEALTH INSURANCE COVERAGE.—The the specific provisions of the bill. Sec- health services under the plan in such an- term ‘‘health insurance coverage’’ means tion 1 is the short title. Section 2 is nual limit; or benefits consisting of medical care (provided composed of 12 subsections relating to directly, through insurance or reimburse- (ii) establish a separate annual limit appli- reports and one subsection relating to cable to plan payments for mental health ment, or otherwise and including items and services under which the dollar amount of services paid for as medical care) under any two obsolete offices in the Department. such limit (with respect to mental health hospital or medical service policy or certifi- Subsection (a) eliminates the need services) is equal to or greater than the dol- cate, hospital or medical service plan con- for ongoing reports on the topics of lar amount of the annual limit on plan pay- tract, or health maintenance organization process-oriented industrial energy effi- ments for medical or surgical services. contract offered by a health insurance ciency and industrial insulation and (B) NO ANNUAL LIMIT.—With respect to a issuer. audit guidelines. The DOE Office of In- (3) HEALTH INSURANCE ISSUER.—The term group health plan offered by a health insur- dustrial Technology has worked with ance issuer, that does not apply an annual ‘‘health insurance issuer’’ means an insur- limit to plan payments for medical or sur- ance company, insurance service, or insur- seven process-oriented industries to de- gical services covered under the plan, such ance organization (including a health main- velop industry visions, which include plan may not apply an annual limit to plan tenance organization, as defined in para- identification of technology needs for payments for mental health services covered graph (4)) which is licensed to engage in the industrial energy efficiency and tech- under the plan. business of insurance in a State and which is nology barriers. The resulting indi- (b) RULE OF CONSTRUCTION.— subject to State law which regulates insur- vidual technology road maps, with (1) IN GENERAL.—Nothing in this section ance (within the meaning of section 514(b)(2) their associated implementation plans, shall be construed as prohibiting a group of the Employee Retirement Income Secu- health plan offered by a health insurance rity Act of 1974). Such term does not include make these ongoing reports redundant. issuer, from— a group health plan. Subsection (b) repeals a requirement (A) utilizing other forms of cost contain- (4) HEALTH MAINTENANCE ORGANIZATION.— for a study and report on vibration re- ment not prohibited under subsection (a); or The term ‘‘health maintenance organiza- duction technologies. Vibration reduc- (B) applying requirements that make dis- tion’’ means— tion is only tenuously related to en- tinctions between acute care and chronic (A) a Federally qualified health mainte- ergy conservation. It is not a prime care. nance organization (as defined in section DOE mission, and work in this area has (2) NONAPPLICABILITY.—This section shall 1301(a) of the Public Health Service Act), not apply to— (B) an organization recognized under State not been funded by any appropriations (A) substance abuse or chemical depend- law as a health maintenance organization, or bill. Given the many constraints on the ency benefits; or (C) a similar organization regulated under DOE energy conservation budget, initi- (B) health benefits or health plans paid for State law for solvency in the same manner ating work in this area is a low pri- under title XVIII or XIX of the Social Secu- and to the same extent as such a health ority. rity Act. maintenance organization. Subsection (c) repeals a requirement (c) SMALL EMPLOYER EXEMPTION.— (5) STATE.—The term ‘‘State’’ means each for a study to determine the means by (1) IN GENERAL.—This section shall not of the several States, the District of Colum- apply to plans maintained by employers that bia, Puerto Rico, the Virgin Islands, Guam, which electric utilities may invest in, employ less than 26 employees. American Samoa, and the Northern Mariana own, lease, service, or recharge bat- (2) APPLICATION OF CERTAIN RULES IN DE- Islands. teries used to power electric vehicles. TERMINATION OF EMPLOYER SIZE.—For pur- The electric utility companies have poses of this subsection— By Mr. JOHNSTON: been working cooperatively with the (A) APPLICATION OF AGGREGATION RULE FOR automobile manufacturers, component EMPLOYERS.—all persons treated as a single S. 2033. A bill to repeal requirements industry, and standards setting organi- employer under subsection (b), (c), (m), or (o) for unnecessary or obsolete reports of section 414 of the Internal Revenue Code zations for several years to determine of 1986 shall be treated as 1 employer. from the Department of Energy, and the infrastructure requirements nec- (B) EMPLOYERS NOT IN EXISTENCE IN PRE- for other purposes; to the Committee essary for recharging and servicing CEDING YEAR.—In the case of an employer on Energy and Natural Resources. electric vehicle batteries. Another

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9581 study would not add meaningful infor- activities be described in the annual good government. I look forward to re- mation to the body of knowledge that budget submission of the Department. ceiving comments on the bill from the already exists. Subsection (k) converts a free-stand- Department of Energy and to its Subsection (d) eliminates biennial re- ing report requirement on metal cast- speedy passage. ports on the status of actions identified ing research and development activi- Mr. President, I ask unanimous con- under the initial one-time reporting re- ties into a requirement that such ac- sent that the text of the bill be printed quirements of section 1301 of the En- tivities be described in the annual in the RECORD. ergy Policy Act of 1992. Development of budget submission of the Department. There being no objection, the bill was these technologies is not fast paced. Subsection (l) converts the National ordered to be printed in the RECORD, as Significant reportable change is not Energy Policy Plan from a biennial re- follows: likely to occur in 2-year increments. In port to a quadrennial report. The tim- S. 2033 addition, the program has sustained a ing called for this report in the DOE Be it enacted by the Senate and House of Rep- significant decrease in funding, and Act requires that a new Presidential resentatives of the United States of America in will likely receive less in the future. Administration submit a National En- Congress assembled, Under these circumstances it is appro- ergy Policy Plan less than 3 months SECTION 1. SHORT TITLE. priate to change this requirement to a after taking office. This is unrealistic. This Act may be cited as the ‘‘DOE Reports one-time report, to be submitted upon In recent years, an Assistant Secretary Elimination and Streamlining Act of 1996’’. completion of the entire project. of Energy for Policy has often not even SEC. 2. REPEALS AND MODIFICATIONS. Subsection (e) changes the frequency been confirmed by that point in time. (a) REPORTS ON INDUSTRIAL ENERGY EFFI- CIENCY PROGRAMS.— with which a comprehensive 5-year pro- The biennial requirement also does not (1) Section 132(d) of the Energy Policy Act gram plan for electric motor vehicles make sense from the point of view of of 1992 (42 U.S.C. 6349(d)) is amended by strik- must be updated. Currently, this com- requiring any given administration to ing ‘‘and annually thereafter,’’. prehensive plan must be updated annu- generate such a report twice during (2) Section 133(c) of the Energy Policy Act ally for a period of not less than 10 each term of office. It would be more of 1992 (42 U.S.C. 6350(c)) is amended by strik- years after the date of enactment of sensible to make this requirement a ing ‘‘and biennially thereafter,’’. the Energy Policy Act of 1992. The first quadrennial one, in which case each (b) STUDY AND REPORT ON VIBRATION RE- DUCTION TECHNOLOGIES.—Section 173 of the plan was prepared and submitted to the new administration would have two Energy Policy Act of 1992 (42 U.S.C. 13451 Congress in March 1994. Because pro- full years to conduct its analysis and note) is repealed. grams do not change significantly on policy development process. The re- (c) REPORT ON POTENTIAL FINANCIAL IN- an annual basis, and because the cost sulting energy policy plan would be re- VESTMENTS BY ELECTRIC UTILITIES IN ELEC- of preparing and approving new plans leased in April of the third year of its TRIC BATTERIES FOR MOTOR VEHICLES.—Sec- for congressional submittal is exten- term. tion 825 of the Energy Policy Act of 1992 (42 sive, annual updates are not justified. Subsection (m) repeals the authoriza- U.S.C. 13295) is repealed. (d) BIENNIAL REPORTS ON COAL RESEARCH, Changing the frequency of updates to tion for two offices that no longer exist DEVELOPMENT, AND DEMONSTRATION in the Department of Energy. every 2 years is a cost-savings measure. PROJECTS.—Section 1301(d) of the Energy Subsection (f) strikes the require- The Office of Subseabed Disposal Re- Policy Act of 1992 (42 U.S.C. 13331(d)) is ment for biennial updates to a 5-year search was established in 1982 to con- amended by striking ‘‘every two years there- program plan for a National Advanced duct research on subseabed disposal of after for a period of 6 years’’ and inserting Materials Initiative. This program plan nuclear waste. Such disposal is not ‘‘not later than 6 years thereafter’’. was prepared and submitted to Con- ever likely to occur, and no such re- (e) CHANGE OF UPDATES TO FIVE-YEAR PRO- gress as required, but the program was search has ever been proposed by the GRAM PLAN FOR ELECTRIC MOTOR VEHICLES TO never funded. With no funding, there Department or funded through appro- A BIENNIAL BASIS.—Section 2025(b)(4) of the priations acts. Energy Policy Act of 1992 (42 U.S.C. are no Department-supported programs 13435(b)(4)) is amended by striking ‘‘Annual’’ or projects, and, thus, no need to up- The Office of Alcohol Fuels was es- and inserting ‘‘Biennial’’. date the initial program plan. tablished by subtitle A of title II of the (f) BIENNIAL UPDATE TO NATIONAL AD- Subsection (g) eliminates a biennial Energy Security Act (P.L. 96–294), and VANCED MATERIALS INITIATIVE FIVE-YEAR report on the implementation of the during the early 1980’s it played a vital PROGRAM PLAN.—Section 2201(b) of the En- Alaska SWAP Act. The purpose of the role in support of the emerging alcohol ergy Policy Act of 1992 (42 U.S.C. 13501(b)) is act was to take advantage of oil con- fuels industry. In 1985, the last of three amended by striking the last sentence. (g) BIENNIAL REPORT ON IMPLANTATION OF servation opportunities by expanding loans made to subsidize the construc- THE ALASKA SWAP ACT.—Section 6(a) of the the use of coal-fired plants and real- tion of grain-based ethanol plants was Alaska Federal-Civilian Energy Efficiency izing economies of scale in several re- guaranteed by the Department of En- Swap Act of 1980 (40 U.S.C. 795d) is repealed. mote communities. These opportuni- ergy, and on June 30, 1987, the Depart- (h) REPEAL OF UNCONSTITUTIONAL LEGISLA- ties were not numerous and all have ment’s loan guarantee authority ex- TIVE VETO AND RELATED REPORT.—Section been taken advantage of for some time. pired. Only one of the loan guarantee 54(a) of the Atomic Energy Act of 1954 (42 No need exists for further reports. recipients, the New Energy Co. of Indi- U.S.C. 2074(a)) is amended— Subsection (h) repeals a report that ana, continues to produce alcohol fuels. (1) by striking the colon at the end of the first proviso and inserting a period; and triggered a legislative veto provision Other than this plant, all other com- (2) by striking the second, third, and governing DOE shipments of special mercial ethanol plants in operation fourth provisos. nuclear materials to foreign countries. were built without government finan- (i) CONVERSION OF ANNUAL REPORT ON SCI- This legislative veto was exercised by a cial assistance. A statutory office with- ENTIFIC DRILLING PROGRAM TO PERIODIC concurrent resolution and thus would in the DOE, headed by an Executive JOINT REPORT.—Section 4(6) of the Conti- be unconstitutional under the Supreme Level IV Presidential appointee, is no nental Scientific Drilling and Exploration Court’s ruling in INS v. Chadha, 1983, longer needed simply to manage one Act (P.L. 100–441; 102 Stat. 1762) is amended to read as follows: 103 S. Ct. 2764, 462 U.S. 919. The report loan guarantee. Indeed, the functions ‘‘(6) submitting to the Congress periodic requirement and the related legislative of the Office of Alcohol Fuels have al- joint reports on significant accomplishments veto should be repealed. ready been transferred within the De- of, and plans for, the drilling program.’’ Subsection (i) converts an annual re- partment to the Assistant Secretary (j) INCORPORATION OF ANNUAL REPORT ON port requirement in the Continental for Energy Efficiency and Renewable STEEL AND ALUMINUM RESEARCH AND DEVEL- Scientific Drilling and Exploration Act Energy, and the Office itself has been OPMENT ACTIVITIES INTO THE PRESIDENT’S to a periodic report. DOE’s role in this closed. Under this proposed amendment BUDGET.—Section 8 of the Steel and Alu- multiagency program has become less to the Energy Security Act, which is minum Conservation and Technology Com- petitiveness Act of 1988 (15 U.S.C. 5107) is prominent, and there is no longer a essentially technical in nature, the amended to read as follows: need for a separate DOE report. DOE would continue to manage the ‘‘SEC. 8. REPORTS. Subsection (j) converts a free-stand- New Energy Company loan guarantee ‘‘As part of the annual budget submission ing report requirement on steel and until the loan is repaid. of the President under section 1105 of title 31, aluminum research and development Mr. President, there is nothing con- United States Code, the Secretary shall pro- activities into a requirement that such troversial about this bill. It is simply vide to Congress a description of research

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9582 CONGRESSIONAL RECORD — SENATE August 2, 1996 and development activities to be carried out care, drugs for symptom management during the fourth hospice period for- under this Act during the fiscal year in- and pain relief, short term inpatient feits his ability to elect hospice serv- volved, together with such legislative rec- and respite care, and counseling both ices in the future. Thus, a patient who ommendations as the Secretary may con- for the terminally ill and their fami- goes into remission, and is thus no sider appropriate.’’ longer eligible for hospice because his (k) INCORPORATION OF ANNUAL REPORT ON lies. Terminally ill patients who elect METAL CASTING RESEARCH AND DEVELOPMENT hospice opt-out of most other Medicare life expectancy exceeds 6 months, is ACTIVITIES, INTO THE PRESIDENT’S BUDGET.— services related to their terminal ill- not be able to return to hospice when Section 10 of the DOE Metal Casting Com- ness. his condition worsens. petitiveness Research Act of 1990 (15 U.S.C. Hospice services permit terminally This bill restructures the hospice 5309) is amended to read as follows: ill people to die with dignity, usually benefit periods to eliminate the exist- ‘‘SEC. 10. REPORTS. in the comforting surroundings of their ing open-ended fourth benefit period ‘‘As part of the annual budget submission own homes with their loved ones near- and to provide that after the first two of the President under section 1105 of title 31, by. Hospice is also a cost-effective form 90 day periods, patients are reevaluated United States Code, the Secretary shall pro- of care. At a time when Medicare is every 60 days to ensure that they still vide to Congress a description of research pushing to enroll more beneficiaries in qualify for hospice services. This re- and development activities to be carried out structuring ensures that those receiv- under this Act during the fiscal year in- managed care plans, hospice is already volved, together with such legislative rec- managed care. Hospices provide pa- ing Medicare benefits are able to re- ommendations as the Secretary may con- tients with whatever palliative services ceive hospice services at the time they sider appropriate.’’ are needed to manage their terminal need them and can be discharged from (l) CONVERSION OF NATIONAL ENERGY POLICY illness, and they are reimbursed a hospice care with no penalty if their PLAN FROM BIENNIAL REPORT TO QUADREN- standard per diem rate, based on the prognosis changes. NIAL REPORT.—Section 801(b) of the Depart- intensity of care needed and whether Second, the bill clarifies that ambu- ment of Energy Organization Act (42 U.S.C. lance services, diagnostic tests, radi- 7321(b)) is amended by striking ‘‘biennially’’ the patient is an inpatient or at home. With 28 percent of all Medicare costs ation, and chemotherapy are covered and inserting ‘‘every 4 years’’. under the hospice benefit when they (m) REPEAL OF AUTHORIZATIONS FOR DOE now going toward the care of people in are included in the patient s plan of OFFICES NO LONGER IN EXISTENCE.— their last year of life, and almost 50 (1) OFFICE OF SUBSEABED DISPOSAL RE- percent of those costs spent during the care. No separate payment will be SEARCH.—Section 224 of the Nuclear Waste last 2 months of life, cost-effective al- made for these services, but hospices Policy Act of 1982 (42 U.S.C. 10204 is repealed. ternatives are needed. Studies show will have to provide them when they (2) OFFICE OF ALCOHOL FUELS.—(A) Subtitle hospices do reduce Medicare spending. are found to be necessary as a pallia- A of title II of the Energy Security Act (42 tive measure. This change conforms U.S.C. 8811 through 8821) is repealed. A study released last year by Lewin- VHI showed that for every dollar Medi- the statute to current Medicare regu- (B) Any existing loan guarantee under sec- latory policy. tion 214 of the Energy Security Act shall re- care spent on hospice, it saved $1.52 in Third, the bill also permits hospices main in effect until the loan is repaid; and Medicare part A and part B expendi- to have independent contractor rela- the Department of Energy shall continue to tures. Similarly, a 1989 study commis- administer an existing loan guarantee under tionships with physicians. Under cur- sioned by the Health Care Financing rent law, hospices must directly em- section 214 as if subtitle A had not been re- Administration showed savings of $1.26 pealed. ploy their medical directors and other (C) The table of contents for the Energy for every Medicare dollar spent on hos- staff physicians. This creates a legal Security Act is amended by striking the pice. I would ask unanimous consent problem in some States which prohibit item relating to subtitle A of title II and the that a summary of these studies be in- the corporate practice of medicine, and matters relating to sections 211 through 221. serted in the RECORD at the conclusion the requirement has made it increas- of my remarks. By Mr. BREAUX (for himself, Mr. ingly difficult to recruit part-time hos- Since 1982, when the hospice benefit pice physicians. MACK, Mr. GRAHAM, and Mr. was added to the Medicare statute, Fourth, the bill creates a mechanism COHEN): more and more Americans have chosen to allow waiver of certain staffing re- S. 2034. A bill to amend title XVIII of to spend their final months of life in quirements for rural hospices, which the Social Security Act to make cer- this humane and cost-effective setting. often have difficulty becoming Medi- tain changes to hospice care under the Yet in recent years it has become clear care-certified because of shortages of Medicare program; to the Committee that certain technical changes are certain health professionals. Currently, on Finance. needed in the Medicare hospice benefit about 80 percent of hospices are Medi- THE MEDICARE HOSPICE BENEFIT AMENDMENTS both to protect beneficiaries and to en- care-certified or pending certification. OF 1996 sure that a full range of cost-effective Fifth, the bill reinstates an expired Mr. BREAUX. Mr. President, I rise hospice services continues to be avail- provision regarding liability for cer- today to introduce legislation to make able. The bill I am introducing today tain denials. As made clear by an arti- technical changes to the Medicare hos- makes six necessary technical changes. cle published on July 18 of last month pice benefit which will ensure that First, the Medicare Hospice Benefits in the prestigious New England Jour- high quality hospice services will be Amendments of 1996 restructures the nal of Medicine, most patients are re- available to all terminally ill Medicare hospice benefit periods. The basic eligi- ferred to hospice very late in the beneficiaries. Senators MACK, GRAHAM, bility criteria do not change. Under course of their terminal illnesses, but and COHEN join me in sponsoring this this bill, as in current law, a person is some live longer than 6 months. Pre- legislation, which is identical to H.R. eligible for the Medicare hospice ben- dicting when an individual will die will 3714 introduced last month. This legis- efit only if two physicians have cer- never be an exact science, and we lation is endorsed by both the National tified that he is terminally ill with a should not expect it to be. Therefore, Hospice Organization and the National life expectancy of 6 months or less. Pa- the bill reinstates the expired statu- Association for Home Care, and I urge tients who elect to receive hospice ben- tory presumption that hospices with my colleagues to support it. efits give up most other Medicare bene- very low error rates on their Medicare Hospices help care for and comfort fits unless and until they withdraw claims did not know that denied bene- terminally ill patients at home or in from the hospice program. fits were not covered, and it expands home-like settings. There are more While this bill does not change hos- the bases for waiver of liability to in- than 2,450 operational or planned hos- pice eligibility criteria, it does change clude cases where a prognosis of 6 pice programs in all 50 States. In 1994, how the benefit periods are structured. months life expectancy is found to approximately 1 out of every 10 people Currently, the Medicare benefit con- have been in error. in America who died were tended to by sists of four benefit periods. At the end Finally, this bill provides some ad- a hospice program, and 1 out of every 3 of each of the first three periods, the ministrative flexibility regarding cer- people who died from cancer or AIDS patient must be recertified as being tification of terminal illness. Cur- were cared for by hospice. Services pro- terminally ill. The fourth benefit pe- rently, the statute requires that paper- vided under the Medicare hospice ben- riod is of unlimited duration. However, work documenting physician certifi- efit include physician services, nursing a patient who withdraws from hospice cation of a patient s terminal illness be

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9583 completed within a certain number of SEC. 5. WAIVER OF CERTAIN STAFFING REQUIRE- The 1995 Lewin-VHI study was based on days of the patient s admission to hos- MENTS FOR HOSPICE CARE PRO- data generated from a group of Medicare re- GRAMS IN NON-URBANIZED AREAS. cipients who died of cancer during the period pice. This bill will eliminate the strict Section 1861(dd)(5) of the Social Security statutory requirements and give the between July 1 and December 31, 1992. This Act (42 U.S.C. 1395x(dd)(5)) is amended— group was further divided into those who had Health Care Financing Administration (1) in subparagraph (B), by inserting ‘‘or one or more hospices claim during the afore- the discretion, as it currently has with (C)’’ after ‘‘subparagraph (A)’’ each place it mentioned period and those who had none. home health certifications, to require appears; and (Additional analysis was done to ensure no (2) by adding at the end the following: selection bias.) hospice certifications to be on file be- ‘‘(C) The Secretary may waive the require- The Lewin-VHI report concluded: fore a Medicare claim is submitted. ments of paragraphs (2)(A)(i) and (2)(A)(ii) (1) Medicare saved $1.52 for every $1.00 The Medicare Hospice Benefit for an agency or organization with respect to spent on hospice. Amendments of 1996 are noncontrover- the services described in paragraph (1)(B) (2) While savings were highest for the last sial and should not affect Medicare and, with respect to dietary counseling, month of life, there were also net savings paragraph (1)(H), if such agency or organiza- spending, but they will make impor- over the last year of life for those who en- tion— tant and necessary changes to the rolled in hospice. ‘‘(i) is located in an area which is not an Medicare hospice benefit, to enable (3) While the greatest savings were found urbanized area (as defined by the Bureau of hospices to provide high quality, cost in Part A Medicare expenditures, savings Census), and were also found in Part B expenditures. effective care to the terminally ill, and ‘‘(ii) demonstrates to the satisfaction of to protect beneficiaries who depend on the Secretary that the agency or organiza- Mr. GRAHAM. Mr. President, I rise these services. I urge my colleagues to tion has been unable, despite diligent efforts, today to join in support of the ‘‘Medi- support this bill. to recruit appropriate personnel.’’. care Hospice Benefit Amendments of Mr. President, I ask unanimous con- SEC. 6. LIMITATION ON LIABILITY OF BENE- 1996’’ to be introduced by Senator sent that additional material be print- FICIARIES AND PROVIDERS FOR BREAUX. CERTAIN HOSPICE COVERAGE DENI- The number of terminally ill patients ed in the RECORD. ALS. There being no objection, the mate- (a) IN GENERAL.—Section 1879(g) of the So- choosing hospice care over conven- rial was ordered to be printed in the cial Security Act (42 U.S.C. 1395pp(g)) is tional Medicare has increased from RECORD, as follows: amended— 11,000 Medicare admission in 1985 to S. 2034 (1) by redesignating paragraphs (1) and (2) more than 220,000 Medicare bene- Be it enacted by the Senate and House of Rep- as subparagraphs (A) and (B), respectively, ficiaries last year. resentatives of the United States of America in and moving such subparagraphs 2 ems to the During the current session of Con- Congress assembled, right; gress, much has been made about the (2) by striking ‘‘is,’’ and inserting ‘‘is—’’; SECTION 1. SHORT TITLE. (3) by making the remaining text of sub- problems with the Medicare Trust This Act may be cited as the ‘‘Medicare section (g), as amended, that follows ‘‘is—’’ a Fund. Congress should act as soon as Hospice Benefit Amendments of 1996’’. new paragraph (1) and indenting such para- possible to reduce Medicare costs and SEC. 2. HOSPICE CARE BENEFIT PERIODS. graph 2 ems to the right; protect the Medicare Trust Fund. How- (a) RESTRUCTURING OF BENEFIT PERIOD.— (4) by striking the period at the end and in- ever, radical cuts to the program are Section 1812 of the Social Security Act (42 serting ‘‘; and’’; and not the solution. U.S.C. 1395d) is amended in subsections (a)(4) (5) by adding at the end the following new and (d)(1), by striking ‘‘, a subsequent period paragraph: Instead, we should emphasize preven- of 30 days, and a subsequent extension pe- ‘‘(2) with respect to the provision of hos- tion, fraud reduction, and successful riod’’ and inserting ‘‘and an unlimited num- pice care to an individual, a determination programs such as hospice care—all ber of subsequent periods of 60 days each’’. that the individual is not terminally ill.’’. proven efforts at reducing spending (b) CONFORMING AMENDMENTS.—(1) Section (b) WAIVER PERIOD EXTENDED.—Section while maintaining current Medicare 1812(d)(2)(B) of such Act (42 U.S.C. 9305(f)(2) of the Omnibus Budget Reconcili- quality and beneficiary protections. 1395d(d)(2)(B)) is amended by striking ‘‘90- or ation Act of 1986 is amended by striking The goal of hospice is to provide com- 30-day period or a subsequent extension pe- ‘‘and before December 31, 1995.’’. riod’’ and inserting ‘‘90-day period or a sub- (c) EFFECTIVE DATE.—The amendments prehensive health care at home to ter- sequent 60-day period’’. made by this section shall take effect on De- minally ill patients in a manner that (2) Section 1814(a)(7)(A) of such Act (42 cember 31, 1995. improves the quality of life for the pa- U.S.C. 1395f(a)(7)(A)) is amended— SEC. 7. EXTENDING THE PERIOD FOR PHYSICIAN tients and their families. This ap- (A) in clause (i), by inserting ‘‘and’’ at the CERTIFICATION OF AN INDIVIDUAL’S proach places a high value of personal end; TERMINAL ILLNESS. choice, family support, and community (B) in clause (ii)— Section 1814(a)(7)(A)(i)(II) of the Social Se- curity Act (42 U.S.C. 1395f(a)(7)(A)(i)(II)) is involvement. (i) by striking ‘‘30-day’’ and inserting ‘‘60- Patients covered by Medicare and day’’; and amended by striking ‘‘, not later than 2 days (ii) by striking ‘‘and’’ at the end and in- after hospice care is initiated (or, if each cer- Medicaid waiver their eligibility for all serting a period; and tify verbally not later than 2 days after hos- other public program benefits when (C) by striking clause (iii). pice care is initiated, not later than 8 days choosing hospice care. By doing so, SEC. 3. AMBULANCE SERVICES, DIAGNOSTIC after such care is initiated),’’ and inserting hospice patients are cared for at home TESTS, CHEMOTHERAPY SERVICES, ‘‘at the beginning of the period’’. with their families and avoid costly AND RADIATION THERAPY SERVICES SEC. 8. EFFECTIVE DATE. hospitalizations. Hospice makes sense INCLUDED IN HOSPICE CARE. Except as provided in section 6(c), the from a health care, quality of life, and Section 1861(dd)(1) of the Social Security amendments made by this Act shall apply to Act (42 U.S.C. 1395x(dd)(1)) is amended— benefits provided on or after the date of the economic perspective. (1) in subparagraph (E), by inserting enactment of this Act, regardless of whether The number of terminally ill patients ‘‘anticancer chemotherapeutic agents and or not an individual has made an election choosing hospice care over conven- other’’ before ‘‘drugs’’; under section 1812(d) of the Social Security tional Medicare has increased from (2) in subparagraph (G), by striking ‘‘and’’ Act before such date. 11,000 Medicare admission in 1985 to at the end; (3) in subparagraph (H), by striking the pe- more than 220,000 Medicare bene- SUMMARY OF STUDIES REGARDING COST- ficiaries last year. riod at the end and inserting a comma; and EFFECTIVENESS OF HOSPICE (4) by inserting after subparagraph (H) the Clearly, hospice is an idea that is Lewin-VHI’s 1995 report, An Analysis of the following: rapidly gaining acceptance and acclaim ‘‘(I) ambulance services, Cost Savings of the Medicare Hospice Ben- efit, prepared for The National Hospice Orga- in modern times. Florida has been a ‘‘(J) diagnostic tests, and pioneer in the modern hospice move- ‘‘(K) radiation therapy services.’’. nization, updates a previous study prepared ment. In 1979, while I was the Governor SEC. 4. CONTRACTING WITH INDEPENDENT PHY- in 1989 by Abt Associates for the Health Care SICIANS OR PHYSICIAN GROUPS FOR Financing Administration entitled Medicare in Florida, my State became the first HOSPICE CARE SERVICES PER- Hospice Benefit Program Evaluation. to set standards for hospices and recog- MITTED. The 1989 Abt study found that: nize hospice as an option for the termi- Section 1861(dd)(2) of the Social Security (1) Medicare saved $1.26 for every $1.00 nally ill. The Florida law served as a Act (42 U.S.C. 1395x(dd)(2)) is amended— spent on hospice care. (1) in subparagraph (A)(ii)(I), by striking (2) Much of these savings were realized dur- model for national legislation. As a re- ‘‘(F),’’; and ing the last month of life of the patient and sult, inpatient and at-home hospice (2) in subparagraph (B)(i), by inserting ‘‘or were largely a result of the substitution of care has been covered by Medicare under contract with’’ after ‘‘employed by’’. home hospice care for in-hospital care. since 1982.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9584 CONGRESSIONAL RECORD — SENATE August 2, 1996 The goal of hospice is to make the 180 days to facilitate appropriate dis- pression. As we prepare to enter the last months of a person’s life as com- charge with no penalty to the patient; 21st century and as the world economy fortable and meaningful as possible. clarify that ambulances, diagnostic is increasingly internationally com- Hospice does not use artificial life-sup- tests, radiation and chemotherapy are petitive, we must ensure that no Amer- port systems or surgery when there is covered hospice services when included ican is denied a higher education solely no reasonable hope of remission. Hos- in the plan of care; amend the ‘‘core because of the cost. pice offers dignity for the dying and services’’ requirement to allow hos- In fact, this has been a goal of the avoids costly—often traumatic—acute- pices to contract for physician services Federal Government for over a cen- care hospitalization. with independent contractor physi- tury. From the establishment of the For example, according to Lewin-VHI cians or physician groups; allow waiver land-grant university system in the in their 1994 study entitled Hospice of certain staffing requirements of late 1800’s to the GI bill at the end of Care: An Introduction and Review of rural hospices; extend the expired fa- World War II to the creation of the Pell the Evidence, Medicare beneficiaries in vorable presumption of waiver of liabil- Grant and Guaranteed Student Loan their last year of life constituted 5 per- ity provisions and include waiver pro- Programs in the 1960’s, the Federal cent of beneficiaries in 1988 but more tection where prognosis of terminal ill- Government has been committed to than 27 percent of Medicare payments. ness is found to have been in error; seeing a college education within reach Lewin-VHI adds that ‘‘during the last and, allow the Health Care Financing of every American. It is time to renew month of life, hospice users cost, on av- Administration to set documentation that commitment. erage, $3,069, while those using conven- requirements of physician certifi- So, today, Mr. President, I am intro- tional care cost $4,071.’’ Overall, that cations. ducing comprehensive legislation to study indicates the use of the hospice Finally, I would like to commend make college more affordable for benefit saved Medicare $1.26 for every Congressman CARDIN from Maryland American families, so that middle- $1.00 spent. for his hard work on this legislation on class parents can afford to send their However, an updated 1995 Lewin-VHI kids to college and middle-class kids study shows even better results the House side. The Congressman is a great thinker on the topic of how to can afford to go. through the use of hospice. The study, My bill, titled ‘‘Growing the Econ- improve Medicare and his legislation— entitled An Analysis of the Cost Sav- omy for Tomorrow: Assuring Higher H.R. 3714—once again serves that pur- ings of the Medicare Hospice Benefit, Education is Affordable and Depend- pose. found that Medicare saves $1.52 for able’’—Get Ahead, for short—combines every $1.00 spent on hospice. By Mr. BIDEN: numerous proposals to give tax cuts for According to Lewin-VHI, ‘‘First, hos- S. 2035. A bill to invest in the future the cost of college, to encourage fami- pices effectively substitute relatively American work force and to ensure lies to save for a college education, and inexpensive care at home for costly in- that all Americans have access to high- to award college scholarships to high patient hospital days during the period er education by providing tax relief for school students in the top of their class in which expenditures are typically the investment in a college education and academically. greatest and in which most hospice by encouraging savings for college For the sake of time, Mr. President, users enroll in the benefit, in the last costs, and for other purposes; to the I will not go through all of specific pro- month of life. Second, the financial in- Committee on Finance. posals now. Instead, I refer my col- centives of the current Medicare Hos- leagues to a summary of the legisla- THE GET AHEAD ACT pice Benefit reinforce the organiza- tion. tional incentives of most hospice pro- Mr. BIDEN. Mr. President, I have Mr. President, a college education is grams to provide quality care at a spoken in the Senate before about how the dream of every American family. lower cost.’’ the rising cost of a college education is When I travel around my State of Dela- In another study entitled ‘‘Survival putting a higher education—the Amer- ware, I meet with wealthy business- of Medicare Patients After Enrollment ican dream—out of reach for many men, poor welfare mothers, and hun- in Hospice Programs’’ in the New Eng- middle-class American families. dreds of middle-class families. And, land Journal of Medicine on July 18, When I went to college, middle-class they all want the same thing for their 1996, authors Nicholas Christakis and families could pay for the public col- kids: a chance to go to college. Jose Escarce establish that the bene- lege tuition and fees of their children They do not need us in Washington to fits of hospice should be expanded. for less than 5 percent of their income. tell them it is becoming harder and They write, ‘‘Enrolling patients [in It stayed that way until 1980. Since harder to get there. They know that. hospice] earlier . . . might enhance the then, however, college costs have sky- They need us to make it easier for quality of end-of-life care and also rocketed and middle-class incomes them. I urge my colleagues to cospon- prove cost effective.’’ have stagnated. The result is that sor this important legislation to make Again, hospice has been a Medicare today it takes almost 9 percent of the sure that the American dream of a col- benefit since passage of the 1982 law average family’s income to send one— lege education remains within reach of and its implementation in 1983. Hospice just one—child to a public college. And, every American. care has grown dramatically since the if you go to a private college or univer- Mr. President, I ask unanimous con- benefit’s inception, but few changes sity, tuition and fees will eat up 35 per- sent that additional material be print- have been made to the 1982 law. As the cent of your income. ed in the RECORD. bill’s House sponsors—Congressmen Who can afford that? Not many mid- There being no objection, the mate- BEN CARDIN and ROB PORTMAN—have dle-class families that I know. Many rial was ordered to be printed in the said, ‘‘As more and more patients young people today must choose be- RECORD, as follows: choose the hospice benefit, it has be- tween going heavily into debt or not THE GET AHEAD ACT—SUMMARY come clear that certain provisions of going to college at all. And, as the debt TITLE I—TAX INCENTIVES FOR HIGHER the law need to be clarified in order to burden gets heavier and heavier, more EDUCATION protect Medicare beneficiaries and to and more middle-class kids will not Subtitle A—Tax Relief for Higher Education ensure that Medicare hospice patients even have that choice. They simply Costs can continue to receive excellent, cost- will not be able to go to college. Section 101—Deduction for Higher Education effective hospice care.’’ And, this is happening at a time Expenses We should do what we can to encour- when we as a Nation can least afford it. An above-the-line tax deduction (available age hospice care in the Medicare pro- Educating our work force is one of even to those who do not itemize deductions) gram and through the health care sys- the best investments we as a society would be allowed for the costs of college tui- tem generally. This bill makes tech- can make, and it is one of the best tion and fees as well as interest on college measurements of future economic well- loans. nical amendments to Medicare’s hos- In the case of tuition costs, beginning in pice program. Specifically, the bill being. According to one study, a more tax year 1999, the maximum annual deduc- would: educated population has been respon- tion would be $10,000 per year; a maximum Restructure the benefit periods to re- sible for nearly one-third of America’s deduction of $5,000 would be available in tax quire more frequent certifications after economic growth since the Great De- years 1996, 1997, and 1998. The full deduction

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9585 would be available to single taxpayers with counts (ESA’s)—for the purpose of encour- hold and other states have not gone forward incomes under $70,000 and married couples aging savings for a college education. at all. This section clarifies federal tax law with incomes under $100,000; a reduced Each year, a family could invest up to in two respects. (phased-out) deduction would be available to $2000 per child under the age of 19 in an ESA. First, state-established trusts or corpora- those with incomes up to $90,000 (singles) and For single taxpayers with incomes under tions created exclusively for managing tui- $120,000 (couples). The income thresholds $70,000 (phased out up to $90,000) and married tion prepayment plans would be exempt from would be indexed annually for inflation. couples with incomes under $100,000 (phased federal taxes on investment earnings. Sec- Interest on student loans would be deduct- out up to $120,000), the contributions would ond, the letter-ruling issued by the IRS to ible beginning with interest payments made be tax deductible. (These income thresholds Michigan would be codified: purchasers and in tax year 1996. Interest payments could be would be indexed annually for inflation.) For beneficiaries of prepaid tuition plans would deducted on top of the $10,000 deduction for all taxpayers, the interest in an ESA would be liable for federal income taxes on the in- payment of college tuition and fees. There accumulate tax free; the contributions would creased value of the investment only at the would be no annual maximum and no income not be subject to the federal gift tax; and, time the funds were redeemed, not each year limits with regard to the deductibility of in- the balance in an ESA would not be treated as the ‘‘interest’’ accrued. terest on student loans. as an asset or income for the purposes of de- To be eligible for the tax clarification, a Language is included to coordinate this termining eligibility for federal means-test- state prepaid tuition plan must guarantee at tax deduction with other education provi- ed programs. the time of purchase that a certain percent- sions of the tax code—to ensure that individ- ESA funds could be withdrawn to meet the age of costs would be covered at a partici- uals do not receive a double benefit for the higher education expenses—tuition, fees, pating educational institution, regardless of same payments. Specifically, qualified high- books, supplies, equipment, and room and the performance of the investment fund. er education expenses that could be tax de- board—of the beneficiary. Funds withdrawn And, it must guarantee that funds would be ductible would be reduced by any payments for other purposes would be subject to a 10 refunded in the event of the death or dis- made from Series EE savings bonds (and ex- percent penalty tax and would be considered ability of the beneficiary or in the event the cluded from taxable income), any veterans income for the purposes of federal income beneficiary failed to enroll in a participating educational assistance provided by the fed- taxes (to the extent that the funds were tax institution. eral government, and any other payments deductible when contributed). The penalty from tax-exempt sources (e.g. employer-pro- TITLE II—SCHOLARSHIPS FOR ACADEMIC tax would not apply in cases of death or dis- ACHIEVEMENT vided educational assistance). Also, tax-free ability of the beneficiary of the ESA and in Beginning with the high school graduating scholarships and tax-excluded funds from cases of unemployment of the contributors. Education Savings Accounts (see section 112) In addition, when the beneficiary of the ac- class of 1997, the top 5 percent of graduating would first be attributed to room and board count turns age 30 and is not enrolled in col- seniors at each high school in the United costs; the remainder, if any, would count lege at least half time, any funds remaining States would be eligible for a $1000 merit against tuition and fees and would reduce in the ESA would be (1) transferred to an- scholarship. If an individual receiving such a the amount that would be tax deductible. other ESA; (2) donated to an educational in- scholarship achieved a 3.0 (‘‘B’’) average dur- However, if tuition and fees still exceeded stitution; or (3) refunded to the contributors. ing his or her first year of college, a second $10,000 even after the reductions, the full tax In the first two cases, there would be no pen- $1000 scholarship would be awarded. However, the merit scholarships would be deduction would be available. alty tax and the money would not be consid- available only to those students in families Section 102—Exclusion for Scholarships and ered taxable income. In the third case, the with income under $70,000 (single) and Fellowships penalty tax would not apply, but the funds $100,000 (couples). These income thresholds College scholarships and fellowship grants would be counted as income to the extent would be increased annually for inflation. would not be considered income for the pur- that the funds were tax deductible when con- Funds are authorized (and subject to an- poses of federal income taxes. This returns tributed. the tax treatment of scholarships and fellow- Finally, parents could roll over funds from nual appropriations) for five years. The first ships to their treatment prior to the 1986 Tax one child’s ESA to another child’s ESA with- year authorization (fiscal year 1997) is $130 Reform Act (which limited the exclusion of out regard to any taxes, without regard to million. In each of the next four years (FY scholarships and fellowships to that used for the $2000 annual maximum contribution to 1998–FY 2001), because the scholarships could tuition and fees). an ESA, and without regard to the age 30 re- be renewed for a second year, the authoriza- Scholarships and fellowship grants would quirement noted above. Funds rolled over tion is $260 million per year. Total five-year be fully excludable for degree candidates. In would also not be subject to the federal gift authorization: $1.17 billion. the case of non-degree candidates, individ- tax. TITLE III—DEFICIT NEUTRALITY uals would be eligible for a lifetime exclu- Language is also included to allow individ- To ensure that the ‘‘GET AHEAD’’ Act sion of $10,800—$300 per month for a max- uals to designate contributions to an ESA as does not increase the deficit, this title de- imum 36 months. nondeductible even if such contributions clares it the sense of the Senate that the Language is included to clarify that fed- could be tax deductible. This gives families costs of the bill should be paid by closing eral grants for higher education that are the option to build up the principal in an corporate tax loopholes. conditioned on future service (such as Na- ESA while at a lower tax rate, rather than tional Health Service Corps grants for med- having to pay taxes on unspent ESA funds By Mr. DORGAN (for himself, Mr. ical students) would still be eligible for tax when the contributors are older and likely in BAUCUS, Mrs. MURRAY, Mr. exclusion. a higher tax bracket. WELLSTONE, Mr. CONRAD, Mr. This section would be effective beginning Tax deductible contributions to ESAs WYDEN, and Mr. DASCHLE): with scholarships and fellowship grants used would be allowed beginning in tax year 1996. in tax year 1996. S. 2036. A bill to amend the Agricul- Section 113—Increase in Income Limits for Sav- Section 103—Permanent Exclusion for Edu- ings Bond Exclusion tural Market Transition Act to provide cational Assistance equitable treatment for barley pro- For taxpayers with incomes below certain The tax exclusion for employer-provided thresholds, the interest earned on Series EE ducers so that 1996 contract payments educational assistance would be reinstated U.S. Savings Bonds are not considered tax- to the producers are not reduced to a retroactively to January 1, 1995. And, the tax able income if the withdrawn funds are used greater extent than the average per- exclusion would be made a permanent part of to pay for higher education tuition and fees. centage reduction in contract pay- the tax code. This section increases the income thresholds ments for other commodities, while Subtitle B—Encouraging Savings for Higher to allow more Americans to use the Series maintaining the level of contract pay- Education Costs EE Savings Bonds for education expenses. ments for other commodities, and for Section 111—IRA Distributions Used Without Effective with tax year 1996, the income Penalty for Higher Education Expenses thresholds would be the same as the income other purposes; to the Committee on Agriculture, Nutrition, and Forestry. Funds could be withdrawn from Individual thresholds for the higher education tax de- Retirement Accounts (IRAs) before age 591⁄2 duction (see section 101): $70,000 for single BARLEY GROWERS LEGISLATION without being subject to the 10 percent pen- taxpayers (phased out up to $90,000), and Mr. DORGAN. Mr. President, last alty tax if the funds were used for higher $100,000 for couples (phased out up to week, I was among a group of Senators education tuition and fees. (However, with- $120,000). As with the higher education tax who tried to correct an inequitable drawn funds, if deductible when contributed deduction, these income thresholds would be payment reduction in farm program indexed annually for inflation. to the IRA, would be considered gross in- contract payments faced by barley come for the purposes of federal income Section 114—Tax Treatment of State Prepaid taxes.) Tuition Plans growers. After considerable time and effort we reluctantly came to an agree- This section would be effective upon enact- Several states have established prepaid ment. tuition plans, where individuals can make ment on an amendment to address this Section 112—Education Savings Accounts advance payments for college tuition. How- problem. This section would create IRA-like ac- ever, because of the uncertainty of federal At the time, I said it was not the an- counts—known as Education Savings Ac- tax law, some states have put their plans on swer to the problem, but rather a small

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9586 CONGRESSIONAL RECORD — SENATE August 2, 1996 step in the journey. Unfortunately that Throughout the farm bill debate, it On November 21, 1995, House Agri- journey ended up being a very short was clear that these estimated culture Committee Chairman PAT ROB- one that quickly got sidetracked. amounts might be a few cents off, but ERTS released a press statement an- Despite the fact that the Senate nobody expected any substantial dif- nouncing the estimated market transi- agreed to the amendment to provide ference between these estimates and tion payments under freedom to farm. some relief to barley growers, the con- the contract payments. The announcement clearly stated that ference report came back this week MISCALCULATION RESULTS IN 30-PERCENT CUT barley payments for 1996 would be 46 with no additional funds to deal with Unfortunately, there was a $39 mil- cents per bushel. While the press re- this problem. The Senate amendment lion miscalculation in the payments lease does state the figures were esti- was deleted. projected for barley producers. Rather mates, it is undeniable that the figures Instead the conferees referred the than the original payment rate of 46 became the basis on which farm group issue back to the authorizing com- cents per bushel in 1996, barley pro- after farm group made farm policy de- mittee and then provided an unfunded ducers found out later that their pay- cisions. Producers were told they directive to the Secretary of Agri- ments will be only 32 cents per bushel. would receive this level of payment, or culture to deal with the problem. At That is a full 30 percent less than the something very close to it, and that the time we agreed to the Senate original congressional estimates. the payment would be guaranteed. I amendment, I was concerned that this Our barley producers based their know this is true in North Dakota be- would be the outcome. Another referral farm plans and cash flow for this crop cause in meeting after meeting I heard and no real action. year on the projections that were made producers tell me it was their belief Barley growers deserve more than last fall. They went to their bankers they would receive 46 cents in 1996 if that. The freedom to farm fixed con- and creditors who made loans based on freedom to farm became law. tract payment system has been vio- these projections. Later we find out this is not the case, lated, and the Government is once Frankly, I shouldn’t be the one that that the payments to barley producers again being viewed as not keeping its is trying to correct this problem. This would not be 46 cents, they would be word. While the freedom to farm bill problem should have been corrected by only 32 cents. I understand other com- was not my choice for farm legislation, those that developed the freedom to modities received some reductions—ap- I believe the promises it made to pro- farm bill and its payment projections. proximately 5–10 percent—but none re- ducers constitutes a public commit- However, since North Dakota is the ceived the 30 percent reduction barley ment that should be kept. largest barley producing State in the producers have little choice but to ac- It appears that the only way that Nation, this is of considerable concern cept. Opponents of this bill will argue commitment can be met is if legisla- to our barley producers. all producers were treated the same tion is introduced to require that such My amendment would restore $35 of and that barley producers should have action be taken. That is why I am in- the $39 million to barley producers. been aware the initial figures were sub- troducing legislation today. This would be about a 10-percent cut ject to change. Well, barley producers My bill will give the authorizing from what was originally projected. A did know there might be some change, committee, the Senate Agriculture 10-percent cut is in line with the reduc- maybe 1 or 2 cents, but did not know Committee, a clear opportunity to tions that are expected in other pay- there might be a 30 percent change. move forward to resolve this issue. It ments for the other commodities. It’s time we set the record straight will establish the goal that we had in The purpose of this amendment is to and admit that barley producers were mind when we sought to solve this provide equitable treatment to barley not treated fairly by the 1996 farm bill. producers so that contract payments problem by amending the appropria- I hope my colleagues will join me in are not reduced to any greater degree tions bill. correcting this extremely unfair situa- It would seem to me that the major- than they are for other commodities. tion. ity leadership of the authorizing com- No other commodity has been asked to take as deep a reduction as barley. By Mr. LAUTENBERG: mittees would be the first ones in line Wheat producers will be getting 87 S. 2037. A bill to provide for aviation to correct this problem. They were the cents, rather than 92 cents. That is a 5- security, and for other purposes; to the ones who developed the freedom to percent reduction. Corn producers will Committee on Commerce, Science, and farm proposal, and they were the ones be getting 24 cents, rather than 27 Transportation. who used their projected schedule of cents. That is an 11-percent reduction. THE AVIATION SECURITY ACT OF 1996 fixed payments to sell their farm pol- Barley producers should not be ex- Mr. LAUTENBERG. Mr. President, I icy approach to American farmers. pected to take a 30-percent cut in their rise today to introduce the Aviation A news release issued November 21, payments. Security Act [ASA]. This legislation is 1995, by House Agriculture Committee This is a matter of keeping faith with designed to significantly enhance secu- Chairman PAT ROBERTS clearly states those family farmers that made their rity measures at U.S. airports, to bet- that the expected market transition plans on the basis of a farm bill that ter protect those who fly. payments under the Freedom to Farm was very late in getting passed. It is a Mr. President, I join with all Ameri- Program would be 46 cents per bushel matter of fairness to our Nation’s bar- cans in expressing my sorrow at the for barley, 27 cents per bushel for corn, ley producers. loss of 230 innocent lives in the crash of and 92 cents per bushel for wheat. I am pleased that Senators BAUCUS, TWA flight 800. My sympathy and This news release lists the source of MURRAY, WELLSTONE, CONRAD, WYDEN, prayers are with the victims’ families these estimates as the Republican staff and DASCHLE have joined me in this ef- and friends as they struggle to cope of the Senate Committee on Agri- fort and will be original cosponsors of with this tragedy. culture, Nutrition, and Forestry. These this legislation. At this time, the sea has not yielded payment projections went unchanged Mr. CONRAD. Mr. President, I rise as its secrets, and we do not have conclu- throughout the farm bill debate right an original cosponsor of legislation to sive evidence of why the jet crashed. through the final farm bill conference correct the provisions of the Federal However, terrorism appears to be the committee. Agriculture Improvement and Reform likely cause of the disaster. How or why these miscalculations oc- Act of 1996 which unfairly penalizes Whether or not the cause of the crash curred is a moot point. My purpose is barley producers. In one of the most was a bomb, this disaster has focused not to blame anybody. My purpose is to egregious examples of misinformation national attention on the fact that point out that the freedom to farm bill I’ve ever seen, actual payments to bar- America’s shores are not immune from sponsors developed these projections ley producers under the act are dra- terrorism. And this is a threat which I and used them to advance their farm matically lower than the original fear will only increase in scope and so- program proposal. These estimates promises made by proponents of the phistication over the next few years. were the basis of the decisions of many bill. The bill we are introducing today Terrorism is an act of war, not farmers and farm organizations in de- corrects that error and gives barley against any specific individual, but ciding what they would support as the producers the equal treatment they de- against our entire nation. Con- farm bill moved through Congress. serve. sequently, protecting ourselves from

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9587 this scourge is a matter of national se- outstripping our current procedures, technologies, which can detect liquid curity, and we must act accordingly. and are breaking through America’s explosives and trace chemicals, need to We must treat this threat as seriously cordon of safety. We can do better; we be further developed and deployed. as any declared war. And we need to must do better. It will require leader- Just as important as any new ma- adopt measures—and attitudes—to ag- ship and decisiveness. chine or measure is hiring well trained This Senator believes that we must gressively combat this twentieth cen- security people. Most airlines, to save institute a truly comprehensive secu- tury plague. money, contract with security compa- Mr. President, living in a free soci- rity system. In order to achieve this, nies for low-wage workers with mini- ety, there is only so much we can do to we must do at least three things. We protect every public building, park and must adequately invest in security mal education and little experience. gathering place. However, terrorists technology in proportion to the in- Training is cursory and turnover is usually target a nation where it’s most creasing threat of terrorism. We must high. Yet, this person may be the last vulnerable. And perhaps nowhere are ensure that the airlines enforce nec- line of defense between a plane full of we more vulnerable than in our air se- essary security measures at the gate. innocent people and a suicide bomber. curity system. And we must make sure that our secu- By contrast, European security per- Mr. President, after the past few ago- rity personnel are adequately trained sonnel are usually highly trained, edu- nizing days, it’s all too apparent that and perform well. cated, speak several languages and we must significantly upgrade security To begin the debate on these mat- have taken courses in psychology. measures at U.S. airports. Although it ters, I am introducing the Aviation Se- This legislation requires that airport may be impossible to stop every ter- curity Act (ASA). This legislation ef- personnel who have security duties or rorist who is determined to bomb an fectively addresses the problems which who have access to any secure area airline, security can be significantly have become apparent recently, by must meet stringent requirements for enhanced to better protect those who charging the Department of Transpor- training, job performance and security fly. And it must be continually im- tation with implementing a com- checks. proved as threats and technology prehensive aviation security system. In conjunction with training, per- change. To enhance security before travelers The 1.5 million people who daily reach the airport, and once they are at formance measures will be developed to board flights at American airports un- the gate, my bill mandates increased assess how well security personnel are dergo security measures which were de- screening of passengers, luggage, and doing their jobs. Also, comprehensive signed decades ago to stop highjackers cargo. It also requires that the Depart- investigations, including criminal his- with metal guns and knives. These ment of Transportation review and up- tory checks, will be required of all per- measures are inadequate when dealing grade the current procedures for exam- sonnel in this category. with terrorists with Semtex and other ining cargo on passenger flight. The importance of the human factor plastic explosives. Such explosives are To identify passengers and cargo that in improving security is probably best so dangerous that less than 2 pounds pose a heightened risk—in other words, evidenced by the case of Ramzi Ahmed can shred a jumbo jet into a pile of to stop the bad guys before they board Yousef. Yousef is currently on trial in scrap metal. or get a package on board—this legisla- New York for his alleged role in the The problem of inadequate protection tion requries the Department of Trans- 1994 bombing of the World Trade Cen- stems from many causes. In most other portation to develop a methodology to ter. Less well known are the details of countries, government is responsible profile passengers and cargo. It also re- a plot to join two other men in blowing for air security. In the United States, quires that air carriers implement this up a dozen U.S. jumbo jets in 1995. methodology and institute contingency the Government, the airlines and the In a 2-day reign of terror, Yousef and plans for dealing with individuals iden- airports share responsibility. The high- his compatriots planned to bomb 12 tified as potential threats. For those ly competitive airlines, many of which planes, with over 4,000 people on board. individuals and cargo that pose the are experiencing financial difficulties, The motive was to provoke an end to greatest threat, airports and airlines face an inevitable and difficult conflict United States support of Israel. of interest. Although the Federal Avia- would be required to develop and uti- tion Administration issues minimum lize additional measures, including The heart of each bomb was a timer security standards, individual airlines bag-match, personal interview, and en- built by rewiring a common Casio dig- and airports are responsible for imple- hanced bag search. ital watch. The timer would then be menting them. To complement the additional connected to a liquid nitroglycerin, There are also multiple loopholes in profiling and security measures, my disguised as contact lens solution. the present security system. On U.S. legislation also mandates expedited in- Even the newest screening devices domestic flights, bags and passengers stallation of explosive detection de- would have extreme difficulty detect- are not even required to travel to- vices at those airports which the De- ing the substance. Only human vigi- gether. And there are many other partment of Transportation identifies lance may have been able to stop these points of vulnerability, including cargo as facing the greatest risk. These de- murderers if they had reached the air- and mail. vices will include density evaluators, port gate. Luckily, the plot was discov- It is true that our safety procedures scanners, trace and vapor detectors. ered by police in the Philippines before were upgraded after the Lockerbie dis- Mr. President, the importance of in- the night’s sky was set ablaze. stalling these detection systems, as aster. As a member of the President’s In addition to security, what became soon as possible, cannot be overempha- Commission on Aviation Security and painfully obvious this week is that pro- sized. The latest luggage scanners, Terrorism, I helped draft the Aviation cedures to notify and counsel the fami- Security Improvement Act of 1990. which can detect the most elusive plas- tic explosives, are now not generally lies of airline disaster victims are to- Among its 38 provisions were require- tally inadequate. Compassion dictates ments that the FAA accelerate explo- used in U.S. airports. The most ad- vanced scanning machine, the CTX– that we need to adopt more efficient sives detection research and heighten and humane procedures. security checks on airport personnel. 5000, works like a CAT Scan, providing Additionally, on July 25, the Presi- a three dimensional image. There are This legislation establishes, perhaps dent announced new air travel security 14 in use in Europe and Israel, and two within the National Transportation measures. These improvements, which are being installed in Manila. In our Safety Board, the Office of Family Ad- include increased searches of carry-on country, they are currently being test- vocate. In consultation with the De- luggage and required pre-flight cargo ed in only Atlanta, which has two, and partment of State, the Department of and cabin inspections, will certainly San Francisco. Another device, the Transportation, experts in psychology enhance security. However, they do not EGIS machine, uses air samples from and representatives of victims’ fami- go far enough. passengers’ luggage to check for vapors lies, this Office will develop standards Over the past few weeks, I have been emitted by explosives. Various over- for informing, counseling and sup- briefed by some of our nation’s best ex- seas airports utilize the machine, but porting grieving families. Providing perts in the field of aviation safety. it’s being used on only a limited basis this assistance is not just common They are concerned that terrorists are in the United States. This, and other sense, it’s common decency.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9588 CONGRESSIONAL RECORD — SENATE August 2, 1996 Additionally, this legislation re- but they certainly haven’t won the hancement of aviation security programs quires that information, such as full war. We can fight back. under the jurisdiction of the Federal Avia- name, phone numbers and contact per- But even if this tragedy was not the tion Administration in accordance with this section. son, be collected when a passenger pur- result of an evil act, but an unfortu- ‘‘(b) IMPROVEMENTS IN THE EXAMINATION OF chases a ticket. This information nate accident, we should not delay up- CARGO AND CHECKED BAGGAGE.—The Sec- would be provided to the Office of Fam- grading our security systems. We need retary, in consultation with the Adminis- ily Advocate within a specified time to change the way this country ap- trator, shall— period after an air disaster. proaches security. We need to be more ‘‘(1) review applicable procedures and re- Mr. President, a comprehensive secu- proactive, anticipating and pre- quirements relating to the security issues rity system will be expensive. The FAA empting changes in terrorist methods, concerning screening and examination of cargo and checked baggage to be placed on has estimated that it could cost up to rather than being reactive—always flights involving intrastate, interstate, or $6 billion over the next 10 years, to pay waiting for something to happen before foreign air transportation that are in effect for security improvements. We need to we act. at the time of the review; and decide how to pay the bill—and we need To those who would try to deny the ‘‘(2) on the basis of that review, develop to remember that this legislation is seriousness of the threat, and the in- and implement procedures and requirements not about spending dollars, it is about tensity of anti-American feelings in that are more stringent than those referred saving lives. many parts of the world, I want to to in paragraph (1) for the screening and ex- ASA proposes that an aviation secu- amination of cargo and checked baggage to again recall Ramzi Yousef’s legacy of be placed on flights referred to in that sub- rity fee, or small surcharge of no more hatred. When questioned by a Paki- paragraph, including procedures that ensure than $2 per one way ticket or $4 per stani interrogator as to his real mo- that only personnel with unescorted access round trip ticket, be instituted to pay tive, Yousef remarked, ‘‘This is * * * privileges have unescorted access at the air- for needed improvements. I would note the best thing, I enjoy it.’’ He went on port to— that recent polls suggest that Ameri- to explain that the United States is the ‘‘(A) an aircraft; cans are willing to pay as much as an first country in the world making trou- ‘‘(B) cargo or checked baggage that is load- extra $50 per ticket to upgrade secu- ed onto an aircraft; ble for the Muslim people. Con- ‘‘(C) a cargo hold on an aircraft before pas- rity. sequently, he was willing to send 4,000 sengers are loaded and after passengers de- An alternative financing mechanism innocent people to their deaths. bark; would be to authorize the Department Many of the scenes which have flick- ‘‘(D) an aircraft servicing area; or of Defense to transfer such funds as ered across our T.V. screens over the ‘‘(E) a secured area of an airport. may be necessary to implement the past 2 weeks can never be forgotten. ‘‘(c) PROFILES FOR RISK ASSESSMENT AND provisions of the Act. In drawing on de- But there is one moment, in particular, RISK REDUCTION MEASURES.— fense funds, we would recognize that which will always remain with me. A ‘‘(1) IN GENERAL.—The Secretary, in con- sultation with the Administrator and appro- terrorism is a threat to our national husband and father, who had lost his priate officials of other Federal agencies, security. wife and two daughters in the disaster, shall develop and implement, a methodology Mr. President, a truly comprehensive hired a helicopter to fly over the crash to profile the types of passengers, cargo, and system should be put in place as soon site, which I had visited last weekend. air transportation that present, or are most as possible. Although not a panacea for Once there, he tossed two red roses on susceptible to, a significant degree of risk every airport security problem, it can the water for his wife, and three white with respect to aviation security. provide significant protection for trav- rosebuds for his little girls. And as I ‘‘(2) RISK REDUCTION MEASURES.—In addi- elers. watched the news footage which tion to developing the methodology for pro- files under paragraph (1), the Secretary, in Of course, to truly enhance security, showed the flowers slowly drifting in there is another price we all must pay. consultation with the Administrator, shall all directions, I thought of everything develop and implement measures to address We must be willing to submit to some which the sea now held—the future sources that contribute to a significant de- delay, inconvenience and intrusion lives of those taken too soon, and the gree of risk with respect to aviation secu- when traveling by air. In London, trav- past memories of those left behind. rity, including improved methods for match- elers are patted down. And in many I can think of no better memorial to ing and searching luggage or other cargo. Arab airports, passengers must nego- those who died, and to those who were ‘‘(d) EXPLOSIVE DETECTION.— ‘‘(1) IN GENERAL.—The Secretary and the tiate fourteen checkpoints before left behind to carry on, than to work to boarding. Anyone who flies coach on El Administrator, in accordance with this sec- ensure that such a tragedy does not tion, and section 44913, shall ensure the de- Al, the Israeli national airline, is re- happen again. For the living, and in ployment, by not later than the date speci- quired to report to the airport 3 hours memory of the deceased, we must act fied in subsection (j), of explosive detection ahead of a scheduled flight. The FAA is now. equipment that incorporates the best avail- working on how to minimize disruption Mr. President, I ask unanimous con- able technology for explosive detection in while enhancing security. But we must sent that additional material be print- airports— ‘‘(A) selected by the Secretary on the basis be willing to make some trade-offs, ed in the RECORD. giving up easy and quick experiences There being no objection, the bill was of risk assessments; and on the ground, for added security in ‘‘(B) covered under the plan under para- ordered to be printed in the RECORD, as graph (2). the air. follows: ‘‘(2) PLAN.—The deployment of explosive Finally, it would be inappropriate for S. 2037 detection equipment under paragraph (1) me to close without discussing the Be it enacted by the Senate and House of Rep- shall be carried out in accordance with a issue of terrorism. As a Nation, we resentatives of the United States of America in plan prepared by the Secretary, in consulta- need to better address the overall prob- Congress assembled, tion with the Administrator and other ap- lem. We need to clamp down on domes- SECTION 1. SHORT TITLE. propriate officials of the Federal Govern- tic fundraising for Middle East Ter- This Act may be cited as the ‘‘Aviation Se- ment, to expedite the installation and de- rorist organizations. Press reports indi- curity Act of 1996’’. ployment of that equipment. ‘‘(3) REPORT.— cate that approximately $10 million is SEC. 2. ENHANCED SECURITY PROGRAMS. ‘‘(A) IN GENERAL.—Not later than 1 year (a) IN GENERAL.—Chapter 449 of title 49, being sent annually by Americans to after the date of enactment of this section, United States Code, is amended by adding at the terrorist group Hamas. We also and annually thereafter, the Secretary shall the end of subchapter I the following new need to encourage our allies in the submit to the Speaker of the House of Rep- sections: Middle East to fight terrorist organiza- resentatives and the President pro tempore tions in the region. And we must work ‘‘§ 44916. Enhancement of aviation security of the Senate a report on the deployment of with the international community to ‘‘(a) IN GENERAL.—The Secretary of Trans- explosive detection devices pursuant to the target the economies of countries that portation (hereafter in this section referred plan developed under paragraph (2). to as the ‘Secretary’), in consultation with ‘‘(B) TREATMENT OF CLASSIFIED INFORMA- sponsor terrorism. We also cannot rule the Administrator of the Federal Aviation TION.—No officer or employee of the Federal out the use of force, where necessary. Administration (hereafter in this section re- Government (including any Member of Con- If the crash of TWA flight 800 was the ferred to as the ‘Administrator’) and other gress) may disclose to any person other than work of terrorists, then they may appropriate officials of the Federal Aviation another official of the Federal Government think that they have won the battle— Administration, shall provide for the en- in accordance with applicable Federal law,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9589 any information in the report under subpara- ‘‘(A) the closure of an airport gate or area ‘‘(iv) representatives of air carriers. graph (A) that is classified. that the Secretary determines, on the basis ‘‘(3) THIRD PARTY INVOLVEMENT.— ‘‘(e) ENHANCED SCREENING OF PERSONNEL.— of a risk assessment or inspection conducted ‘‘(A) IN GENERAL.—The agency head, acting ‘‘(1) IN GENERAL.—The Secretary, in con- under this section, should be secured in ac- through the Office of Family Advocate, shall sultation with the Administrator, shall es- cordance with applicable requirements of provide for counseling, support, and protec- tablish a program for enhancing the screen- this subtitle; or tion for the families of victims of transpor- ing of personnel of air carriers or contractors ‘‘(B) the cancellation of a flight in intra- tation accidents referred to in paragraph of air carriers (or subcontractors thereof) state, interstate, or foreign air transpor- (2)(A) by— who— tation. ‘‘(i) consulting with a nongovernmental or- ‘‘(A) in the course of their employment ‘‘(3) NOTIFICATION.—If the Secretary carries ganization that the agency head determines have— out an administrative action under this sub- to have appropriate experience and exper- ‘‘(i) unescorted access privileges to— section, the Secretary shall provide public tise; and ‘‘(I) an aircraft; notice of that action, except in any case in ‘‘(ii) if appropriate, entering into an agree- ‘‘(II) cargo or checked baggage that is load- which the President determines that the dis- ment with a nongovernmental organization ed onto an aircraft; closure of that information would not be in or the head of another appropriate Federal ‘‘(III) a cargo hold on an aircraft; or the national security or foreign policy inter- agency (including the Director of the Fed- ‘‘(IV) an aircraft servicing area; or est of the United States. eral Emergency Management Agency) to ‘‘(ii) security responsibilities that affect ‘‘(i) AUDITS AND EVALUATIONS.— provide those services. the access and passage of passengers or cargo ‘‘(1) IN GENERAL.—The Secretary shall re- ‘‘(b) PASSENGER INFORMATION.— in aircraft referred to in subparagraph (A); quire each air carrier and airport that pro- ‘‘(1) IN GENERAL.—The Secretary of Trans- and vides for intrastate, interstate, or foreign air portation (hereafter in this section referred ‘‘(B) any immediate supervisor of an indi- transportation to conduct periodic audits to as the ‘Secretary’) shall require each air vidual referred to in subparagraph (A). and evaluations of the security systems of carrier that provides intrastate, interstate, ‘‘(2) TRAINING.— that air carrier or airport. or foreign air transportation to obtain, at ‘‘(A) IN GENERAL.—The Secretary, in con- ‘‘(2) REPORTS.—Not later than 1 year after the time of purchase of passage, from each sultation with the Administrator, shall— the date of enactment of this section, and passenger that purchases passage on a ‘‘(i) review regulations and standards relat- annually thereafter, each air carrier and air- flight— ing to the training of personnel referred to in port referred to in paragraph (1) shall submit ‘‘(A) the full name, address, and daytime paragraph (1) that are in effect at the time of to the Secretary a report on the audits and and evening telephone numbers of the pas- the review; and evaluations conducted by the air carrier or senger; and ‘‘(ii) on the basis of that review, prescribe airport under this subsection. ‘‘(B) the full name and daytime and such regulations and standards relating to ‘‘(3) INVESTIGATIONS.—The Secretary, in evening telephone numbers of a contact per- minimum standards for training and certifi- consultation with the Administrator, shall son designated by the passenger. cation as the Secretary determines to be ap- conduct periodic and unannounced inspec- ‘‘(2) REQUIREMENT FOR AIR CARRIERS.— propriate. tions of security systems of airports and air ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(B) PROHIBITION.—The fact that an indi- carriers to determine whether the air car- quire each air carrier that provides intra- vidual received training in accordance with riers and airports are in compliance with the state, interstate, or foreign air transpor- this paragraph may not be used as a defense performance-based measures developed under tation to provide the information obtained in any action involving the negligence or in- subsection (f). To the extent allowable by for a flight under paragraph (1) only— tentional wrongdoing of that individual in law, the Secretary may provide for anony- ‘‘(i) in the event of an accident in air com- carrying out airline security or in the con- mous tests of the security systems referred merce in which a serious injury or crime (as duct of intrastate, interstate, or foreign air to in the preceding sentence. determined by the Secretary) or death oc- transportation. ‘‘(j) REGULATIONS.—Not later than 180 days curs; and ‘‘(f) PERFORMANCE-BASED MEASURES.—The after the date of enactment of this section, ‘‘(ii) in accordance with section 552a of Secretary, in consultation with the Adminis- the Secretary, in consultation with the Ad- title 5, United States Code. trator, shall— ministrator and appropriate officers and em- ‘‘(B) PROVISION OF INFORMATION.—In the ‘‘(1) develop and implement, by the date ployees of other Federal agencies, shall pre- event of an accident in air commerce de- specified in subsection (j), performance-based scribe and implement such regulations as are scribed in subparagraph (A), if the flight in- measures for all security functions covered necessary to carry out this section. volves— under this section that are carried out by ‘‘(k) MODIFICATION OF EXISTING PRO- ‘‘(i) intrastate or interstate air transpor- personnel referred to in subsection (e)(1); and GRAMS.—If the Secretary or the Adminis- tation, the air carrier shall provide the infor- ‘‘(2) require that air carriers and owners or trator determines that a modification of a mation required to be submitted under sub- operators of airports that provide intrastate, program in existence on the date specified in paragraph (A) not later than 3 hours after interstate, or foreign air transportation en- subsection (j) could be accomplished without the accident occurs; or sure that those measures are carried out. prescribing regulations to meet the require- ‘‘(ii) foreign air transportation, the air car- ‘‘(g) SECURITY CHECKS.— ments of this section, the Secretary or the rier shall provide such information not later Administrator may make that modification ‘‘(1) IN GENERAL.—The Secretary, in con- than 4 hours after the accident occurs. in lieu of prescribing a regulation. sultation with the Administrator and other ‘‘§ 44918 Exemption; fees appropriate officers and employees of the ‘‘§ 44917. Support for families of victims of ‘‘(a) EXEMPTION.—The regulations issued Federal Government, shall, require com- transportation disasters under sections 44916 and 44917 shall be ex- prehensive employment investigations to be ‘‘(a) IN GENERAL.— empt from any requirement for a cost-ben- conducted for any individual that is em- ‘‘(1) ESTABLISHMENT.—The President shall efit analysis under chapter 8 of title 5, ployed, or commences employment, in a po- establish, within an appropriate Federal United States Code, or any other provision of sition described in subsection (e)(1). agency, an office to be known as the Office of Federal law. ‘‘(2) CRIMINAL HISTORY CHECK.—The em- Family Advocate. ‘‘(b) FEES.— ployment investigations referred to in para- ‘‘(2) STANDARDS OF CONDUCT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), graph (1) shall include criminal history ‘‘(A) IN GENERAL.—The head of the Federal the Secretary shall determine, and adjust on checks. Notwithstanding any other provision agency specified in paragraph (1) (hereafter an annual basis, a fee that shall be assessed of law, a criminal history check may cover a in this section referred to as the ‘‘agency against each individual who purchases pas- period longer than the 10-year period imme- head’’), acting through the Office of Family sage on a flight in intrastate, interstate, or diately preceding— Advocate, shall develop standards of conduct foreign air transportation that is based on ‘‘(A) the initial date of employment of an for informing and supporting families of vic- the estimated cost of carrying out sections individual by an employer; or tims of accidents in air commerce and other 44916 and 44917. ‘‘(B) the date on which a criminal history transportation accidents involving any other ‘‘(2) LIMITATION ON AMOUNT.—The amount check is conducted for an applicant for em- form of transportation that is subject to the of a fee assessed under this subsection shall ployment. jurisdiction of the Department of Transpor- not exceed $2 per flight, per passenger. ‘‘(h) ADMINISTRATIVE ACTIONS.— tation. ‘‘(3) AVIATION SECURITY ACCOUNT.— ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(B) CONSULTATION.—In developing the ‘‘(A) IN GENERAL.—There shall be estab- sultation with the Administrator, shall, as standards under this paragraph, the agency lished within the Treasury of the United appropriate, specify appropriate administra- head shall consult with— States, an Aviation Security Account. The tive actions or violations of this section or ‘‘(i) appropriate officers and employees of fees collected under this subsection shall be the regulations prescribed under this sec- other Federal agencies; deposited into that account. tion. ‘‘(ii) representatives of families of victims ‘‘(B) USE OF FUNDS IN ACCOUNT.—The Sec- ‘‘(2) ORDERS.—The administrative actions of accidents in air commerce and other retary of the Treasury shall make the funds referred to in paragraph (1) may include an transportation accidents referred to in sub- in the account available only to— order by the Secretary requiring, in accord- paragraph (A); ‘‘(i) the Secretary of Transportation for ance with applicable requirements of this ‘‘(iii) individuals who are experts in psy- use by the Secretary in accordance with sec- subtitle and any other applicable law— chology and trauma counseling; and tion 44916; and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9590 CONGRESSIONAL RECORD — SENATE August 2, 1996 ‘‘(ii) the agency head specified by the and implement actions to require the air car- District Rural Water System and au- President under section 44917, for use by that riers or airports, as appropriate, to accom- thorize the appropriation of Federal agency head in accordance with that sec- plish those measures. dollars to assist the Fall River Water Security Checks—the Secretary shall re- tion.’’. Users District, a nonprofit corporation, (b) EMPLOYMENT INVESTIGATIONS AND RE- quire comprehensive employment investiga- STRICTIONS.—Section 44936(b)(1)(B) of title 49, tions on new hires and existing employees, in the planning and construction of the United States Code, is amended by striking including but not limited to criminal history water supply system, and for other pur- ‘‘, in the 10-year period ending on the date of checks. This provision also lifts the current poses; to the Committee on Energy and the investigation,’’. restriction of ten years on the employee’s Natural Resources. (c) CONFORMING AMENDMENT.—The analysis history. THE FALL RIVER WATER USERS DISTRICT RURAL Penalties—the Secretary shall, within six for subchapter I of chapter 449 of title 49, WATER SYSTEM ACT OF 1996 United States Code, is amended by adding at months from enactment, promulgate regula- the end the following new items: tions that impose penalties for violations S. 2039. A bill to authorize the con- struction of the Perkins County Rural ‘‘44916. Enhancement of aviation security. that are commensurate with the seriousness ‘‘44917. Support for families of victims of of the offense. Such penalties may include Water System and authorize the appro- transportation disasters. temporary suspension of the operating cer- priation of Federal dollars to assist the ‘‘44918. Exemption; fees.’’. tificate, immediate closure of a gate or se- Perkins County Rural Water System, cure area, cancellation of flights, public no- Inc., a nonprofit corporation, in the tification of violations or actual revocation AVIATION SECURITY PROPOSAL planning and construction of the water of the operating certificate. (1) DOT TO IMPLEMENT AN ENHANCED AVIATION supply system, and for other purposes; (3) MANDATED OPERATIONAL CHECKS OF THE SECURITY SYSTEM to the Committee on Energy and Nat- SYSTEM Cargo and checked baggage—The Sec- ural Resources. Self-audits and evaluations—the Secretary retary shall review current procedures for shall require air carriers and airports to con- THE PERKINS COUNTY RURAL WATER SYSTEM examining cargo and checked baggage on duct audits and evaluations on the efficacy ACT OF 1996 passenger flights and implement a program of the security systems, and issue annual re- to reduce all significant security risks. That Mr. DASCHLE. Mr. President, the ports of their results to the Secretary. program shall include, but not be limited to, need for water development throughout The Secretary shall conduct regular, unan- procedures that restrict access to passenger, South Dakota is great. As we prepare nounced and/or anonymous tests of the air- cargo, cargo hold and aircraft servicing to enter the 21st century, all South Da- port and air carrier’s security systems to de- areas. termine whether the systems are in compli- kotans should be able to consider a Profiling risk assessment—the Secretary ance with the performance based measures high quality water supply to be a basic shall develop, in consultation with appro- as determined by the Secretary. human right, and we should do what- priate federal authorities, a methodology to ever we can to meet this goal. profile passengers, cargo and flights for both (4) SUPPORT FOR FAMILIES OF VICTIMS OF pre-airport and airport arrival to identify TRANSPORTATION DISASTERS While considerable progress has been those passengers and cargo that present a Family Advocate—there shall be estab- made in providing clean and safe drink- possible risk to aviation security. The Sec- lished an Office of Family Advocate in the ing water to residents of my State, retary will require that air carriers imple- appropriate federal agency to be determined much work remains to be done. Fall ment this methodology and develop contin- by the President. The Office shall develop River County and Perkins County are gency actions described below with respect standards of conduct for informing and sup- examples of areas that urgently need to those persons and cargo identified by the porting families of victims. The standards to develop new sources of potable shall be developed in consultation with any methodology. Those measures may include, water. That is why I am introducing but not be limited to, bag-match and en- federal agency, representatives of families of hanced bag search. victims of airline or other transportation bills today to authorize the construc- Explosive Detection Systems—the Sec- disasters, psychological experts and air car- tion of the Fall River Water Users Dis- retary shall identify, based on profiles and riers. trict Rural Water System and the Per- other information and measures developed in Third party involvement—the Office shall kins County Rural Water System. consultation with appropriate federal agen- consult with a third party organization that The communities that would be cies, all flights that pose the greatest risk to has the appropriate experience, in offering served by both systems are comprised counseling, support and protection for the security, and ensure that enhanced, state-of- of farmers and ranchers who for too the-art, explosive detection devices are in- families of victims. the Office is authorized stalled in the appropriate airports to protect to task an organization or other government long have had to endure substandard, against those risks. The Secretary shall, agency, to carry out the necessary tasks, if and at times remote, sources of drink- within six months from the enactment of appropriate, including the Federal Emer- ing water. The drinking water avail- this Act, develop and implement a plan to gency Management Agency. able in Fall River County, SD, like the phase in expedited installation of the devices Passenger information—the Secretary water in much of the rest of the State, at priority airports. The Secretary shall sub- shall require air carriers, both domestic and is contaminated with high levels of ni- mit an annual report to the Speaker of the foreign flag carriers, to collect the following trates, sulfates, and dissolved solids. information at the time of passenger’s ticket House of Representatives and the President Wells have been known to run dry, due of the Senate on the progress of the plan. purchase: full name, address, telephone num- The report may be classified or unclassified ber (daytime and nighttime) and contact to the high frequency of droughts in at the Secretary’s discretion. person. The Secretary shall require air car- the region. Many people currently riers to provide, within three hours for do- must haul water, sometimes as much (2) INCREASED SCREENING FOR CERTAIN AIRPORT mestic flights and four hours for inter- PERSONNEL as 60 miles round-trip. Similar prob- national flights, such information to the Of- lems exist in Perkins County, where Classification of Airport Personnel—the fice of Family Advocate only in the event of provisions of this section shall apply to much of the drinking water fails to a transportation disaster where serious in- meet minimum public health stand- those personnel employed by air carriers or jury or death occurred. their contractors or subcontractors who, ards, thereby posing a long-term health (5) FUNDING through duties and work location, either (a) risk to the citizens of that region. have unescorted access to all or portions of Fee per ticket—the Secretary shall deter- Simply put, this situation is unac- aircraft that are engaged in the transpor- mine a fee to be assessed on each airline ticket, the amount of which is based on the ceptable and must be remedied. tation of passengers for hire, or (b) have se- In Fall River County, the Fall River curity responsibilities that affect the access cost to implement the provisions of this Act, and passage of passengers and/or cargo into but not to exceed $4 per ticket. The Sec- Water Users District was formed to the proximity of passenger carrying aircraft. retary shall begin assessing the fee within 30 plan and develop a rural water system Training—the Secretary shall review exist- days from the enactment of this Act. capable of supplying the water to sus- ing standards and, where necessary, impose Aviation Security Account—there shall be tain this community. I and my con- additional minimum standards for training established within the Department, an Avia- gressional colleagues have worked hard tion Security Account. The fees shall be col- and certification of security personnel. The over the past year with the district to fact that the employee passed the minimum lected and credited to relevant appropria- tions within the FAA. identify a solution that was affordable standards shall not relieve the air carrier of and could provide adequate amounts of responsibility if he later is responsible for, or contributes to, an incident or an accident. By Mr. DASCHLE (for himself clean water to satisfy the needs of the Performance Based Measures—the Sec- and Mr. PRESSLER); community. It became apparent that retary shall develop performance based S. 2038. A bill to authorize the con- the only feasible option was the au- measures for all personnel security functions struction of the Fall River Water Users thorization of a rural water system

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9591 that involved the financial and tech- (2) assist the citizens of the Fall River (b) DESCRIPTION.—The water conservation nical participation of the Federal, Water Users District to develop safe and ade- programs shall include— State, and local governments. quate municipal, rural, and industrial water (1) low consumption performance standards My first bill would authorize the con- supplies; and for all newly installed plumbing fixtures; struction of a system to bring clean (3) promote the implementation of water (2) leak detection and repair programs; conservation programs by the Fall River (3) rate structures that do not include de- water to the residents of Fall River Water Users District Rural Water System. clining block rate schedules for municipal County. I am absolutely committed to SEC. 3. DEFINITIONS. households and special water users (as de- continuing to work with the Fall River As used in this Act (unless the context fined in the feasibility study); County Water Users District, the State clearly requires otherwise): (4) public education programs; and and the Federal Government to bring a (1) ENGINEERING REPORT.—The term ‘‘engi- (5) coordinated operation between the Fall high quality water supply to Fall River neering report’’ means the study entitled River Water Users District Rural Water Sys- County. ‘‘Supplemental Preliminary Engineering Re- tem and any preexisting water supply facili- Under the second bill I am intro- port for Fall River Water Users District’’ in ties within its service area. August 1995. (c) REVIEW AND REVISION.—The programs ducing today, the Perkins County described in subsection (b) shall contain pro- Rural Water System will obtain Mis- (2) PROJECT CONSTRUCTION BUDGET.—The term ‘‘project construction budget’’ means visions for periodic review and revision, in souri River water through the South- the description of the total amount of funds cooperation with the Secretary. west Pipeline, which is part of the Gar- that are needed for the construction of the SEC. 6. MITIGATION OF FISH AND WILDLIFE rison Diversion Unit in North Dakota. water supply system, as contained in the fea- LOSSES. This is an efficient and cost-effective sibility study. Mitigation of fish and wildlife losses in- approach that takes advantage of ex- (3) PUMPING AND INCIDENTAL OPERATIONAL curred as a result of the construction and op- isting water management infrastruc- REQUIREMENTS.—The term ‘‘pumping and in- eration of the Fall River Water Users Dis- cidental operational requirements’’ means trict Rural Water System shall be on an ture. Clean, safe drinking water will be acre-for-acre basis, based on ecological provided to about 2,500 people who re- all power requirements that are incidental to the operation of intake facilities, pumping equivalency, concurrent with project con- side in the towns of Lemmon and stations, water treatment facilities, cooling struction, as provided in the feasibility Bison, and the surrounding areas. facilities, reservoirs, and pipelines up to the study. It is my hope that my colleagues will point of delivery of water by the Fall River SEC. 7. USE OF PICK-SLOAN POWER. join with me in supporting these two Water Users District Rural Water System to (a) IN GENERAL.—From power designated pieces of legislation, which will provide each entity that distributes water at retail for future irrigation and drainage pumping safe, clean drinking water to deserving to individual users. for the Pick-Sloan Missouri River Basin Pro- South Dakota families. (4) SECRETARY.—The term ‘‘Secretary’’ gram, the Western Area Power Administra- Mr. President, I ask unanimous con- means the Secretary of the Interior. tion shall make available the capacity and energy required to meet the pumping and in- sent that the text of the bills be print- (5) WATER SUPPLY SYSTEM.—The term ‘‘water supply system’’ means the Fall River cidental operational requirements of the ed in the RECORD. Water Users District Rural Water System water supply system during the period begin- There being no objection, the bills that is established and operated substan- ning May 1, and ending October 31, of each were ordered to be printed in the tially in accordance with the feasibility year. RECORD, as follows: study. (b) CONDITIONS.—The capacity and energy S. 2038 SEC. 4. FEDERAL ASSISTANCE FOR THE WATER described in subsection (a) shall be made Be it enacted by the Senate and House of Rep- SUPPLY SYSTEM. available on the following conditions: resentatives of the United States of America in (a) IN GENERAL.—The Secretary is author- (1) The water supply system shall be oper- Congress assembled, ized to make grants to the Fall River Water ated on a not-for-profit basis. SECTION 1. SHORT TITLE. Users District Rural Water System, a non- (2) The water supply system shall contract This Act may be cited as the ‘‘Fall River profit corporation, for the planning and con- to purchase its entire electric service re- Water Users District Rural Water System struction of the water supply system. quirements, including the capacity and en- Act of 1996’’. (b) SERVICE AREA.—The water supply sys- ergy made available under subsection (a), from a qualified preference power supplier SEC. 2. FINDINGS AND PURPOSES. tem shall provide for safe and adequate mu- that itself purchases power from the Western (a) FINDINGS.—The Congress finds that— nicipal, rural, and industrial water supplies, (1) there are insufficient water supplies of mitigation of wetlands areas; and water con- Area Power Administration. reasonable quality available to the members servation within the boundaries of the Fall (3) The rate schedule applicable to the ca- of the Fall River Water Users District Rural River Water Users District, described as fol- pacity and energy made available under sub- Water System located in Fall River County, lows: bounded on the north by the Angostura section (a) shall be the firm power rate South Dakota, and the water supplies that Reservoir, the Cheyenne River, and the Fall schedule of the Pick-Sloan Eastern Division are available are of poor quality and do not River/Custer County line, bounded on the of the Western Area Power Administration meet the minimum health and safety stand- east by the Fall River/Shannon County line, in effect when the power is delivered by the ards, thereby posing a threat to public bounded on the south by the South Dakota/ Administration. health and safety; Nebraska State line, and bounded on the (4) It shall be agreed by contract among— (2) past cycles of severe drought in the west by the previously established Igloo- (A) the Western Area Power Administra- southeastern area of Fall River county have Provo Water Project District. tion; left local residents without a satisfactory (c) AMOUNT OF GRANTS.—Grants made (B) the power supplier with which the water supply and during 1990, many home available under subsection (a) to the Fall water supply system contracts under para- owners and ranchers were forced to haul River Water Users District Rural Water Sys- graph (2); water to sustain their water needs; tem shall not exceed the amount authorized (C) the power supplier of the entity de- (3) most members of the Fall River Water under section 10. scribed in subparagraph (B); and Users District are forced to either haul bot- (d) LIMITATION ON AVAILABILITY OF CON- (D) the Fall River Water Users District, tled water for human consumption or use STRUCTION FUNDS.—The Secretary shall not that in the case of the capacity and energy distillers due to the poor quality of water obligate funds for the construction of the made available under subsection (a), the ben- supplies available; water supply system until— efit of the rate schedule described in para- (4) the Fall River Water Users District (1) the requirements of the National Envi- graph (3) shall be passed through to the Rural Water System has been recognized by ronmental Policy Act of 1969 (42 U.S.C. 4321 water supply system, except that the power the State of South Dakota; and et seq.) have been met; supplier of the water supply system shall not (5) the best available, reliable, and safe (2) a final engineering report has been pre- be precluded from including, in the charges rural and municipal water supply to serve pared and submitted to the Congress for a of the supplier to the water system for the the needs of the Fall River Water Users Dis- period of not less than 90 days before the electric service, the other usual and cus- trict Rural Water System members consists commencement of construction of the sys- tomary charges of the supplier. of a Madison Aquifer well, 3 separate water tem; and SEC. 8. NO LIMITATION ON WATER PROJECTS IN storage reservoirs, 3 pumping stations, and (3) a water conservation program has been STATE. approximately 200 miles of pipeline. developed and implemented. This Act shall not limit the authorization (b) PURPOSES.—The Congress declares that SEC. 5. WATER CONSERVATION. for water projects in South Dakota and the purposes of sections 1 through 13 are to— (a) PURPOSE.—The water conservation pro- under law in effect on or after the date of en- (1) ensure a safe and adequate municipal, gram required under this section shall be de- actment of this Act. rural, and industrial water supply for the signed to ensure that users of water from the SEC. 9. WATER RIGHTS. members of the Fall River Water Users Dis- water supply system will use the best prac- Nothing in this Act— trict Rural Water System in Fall River ticable technology and management tech- (1) invalidates or preempts State water law County, South Dakota; niques to conserve water use. or an interstate compact governing water;

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9592 CONGRESSIONAL RECORD — SENATE August 2, 1996 (2) alters the rights of any State to any ap- Pipeline project as an eligible project for (3) a water conservation program has been propriated share of the waters of any body of Federal cost share participation; developed and implemented. surface or ground water, whether determined (4) the Perkins County Rural Water Sys- SEC. 5. WATER CONSERVATION. by past or future interstate compacts or by tem has continued to be recognized by the (a) PURPOSE.—The water conservation pro- past or future legislative or final judicial al- State of North Dakota, the Southwest Water gram required under this section shall be de- locations; Authority, the North Dakota Water Commis- signed to ensure that users of water from the (3) preempts or modifies any Federal or sion, the Department of the Interior, and the water supply system will use the best prac- State law, or interstate compact, dealing Congress of the United States as a compo- ticable technology and management tech- with water quality or disposal; or nent of the Southwest Pipeline Project; and niques to conserve water use. (4) confers on any non-Federal entity the (5) the best available, reliable, and safe (b) DESCRIPTION.—The water conservation ability to exercise any Federal right to the rural and municipal water supply to serve programs shall include— waters of any stream or to any ground water the needs of the Perkins County Rural Water (1) low consumption performance standards resource. System, Inc., members is the Missouri River for all newly installed plumbing fixtures; SEC. 10. FEDERAL COST SHARE. as delivered by the Southwest Pipeline (2) leak detection and repair programs; The Secretary is authorized to provide Project in North Dakota. (3) rate structures that do not include de- funds equal to 80 percent of— (b) PURPOSES.—The Congress declares that clining block rate schedules for municipal (1) the amount allocated in the total the purposes of sections 1 through 13 are to— households and special water users (as de- project construction budget for the planning (1) ensure a safe and adequate municipal, fined in the feasibility study); and construction of the water supply system rural, and industrial water supply for the (4) public education programs; under section 4; and members of the Perkins County Rural Water (5) coordinated operation between the Per- (2) such sums as are necessary to defray in- Supply System, Inc., in Perkins County, kins County Rural Water System and any creases in development costs reflected in ap- South Dakota; preexisting water supply facilities within its propriate engineering cost indices after Au- (2) assist the citizens of the Perkins Coun- service area; and gust 1, 1995. ty Rural Water Supply System, Inc., to de- (6) coordinated operation between the SEC. 11. NON-FEDERAL COST SHARE. velop safe and adequate municipal, rural, Southwest Pipeline Project of North Dakota The non-Federal share of the costs allo- and industrial water supplies; and and the Perkins County Rural Water Sys- cated to the water supply system shall be 20 (3) promote the implementation of water tem, Inc., of South Dakota. percent of— conservation programs by the Perkins Coun- (c) REVIEW AND REVISION.—The programs (1) the amount allocated in the total ty Rural Water System, Inc. described in subsection (b) shall contain pro- project construction budget for the planning SEC. 3. DEFINITIONS. visions for periodic review and revision, in and construction of the water supply system As used in this Act (unless the context cooperation with the Secretary. under section 4; and clearly requires otherwise): SEC. 6. MITIGATION OF FISH AND WILDLIFE (2) such sums as are necessary to defray in- (1) FEASIBILITY STUDY.—The term ‘‘feasi- LOSSES. creases in development costs reflected in ap- bility study’’ means the study entitled ‘‘Fea- Mitigation of fish and wildlife losses in- propriate engineering cost indices after Au- sibility Study for Rural Water System for curred as a result of the construction and op- gust 1, 1995. Perkins County Rural Water System, Inc.’’, eration of the Perkins County Rural Water SEC. 12. BUREAU OF RECLAMATION AUTHORIZA- as amended in March 1995. Supply System shall be on an acre-for-acre TION. (2) PROJECT CONSTRUCTION BUDGET.—The basis, based on ecological equivalency, con- (a) AUTHORIZATION.—The Secretary is au- term ‘‘project construction budget’’ means current with project construction, as pro- thorized to allow the Bureau of Reclamation the description of the total amount of funds vided in the feasibility study. to provide construction oversight to the that are needed for the construction of the SEC. 7. USE OF PICK-SLOAN POWER. water supply system for those areas of the water supply system, as contained in the fea- (a) IN GENERAL.—From power designated water supply system that are described in sibility study. for future irrigation and drainage pumping section 4(b). (3) PUMPING AND INCIDENTAL OPERATIONAL for the Pick-Sloan Missouri River Basin Pro- (b) PROJECT OVERSIGHT ADMINISTRATION.— REQUIREMENTS.—The term ‘‘pumping and in- gram, the Western Area Power Administra- The amount of funds used by the Bureau of cidental operational requirements’’ means tion shall make available the capacity and Reclamation for planning and construction all power requirements that are incidental to energy required to meet the pumping and in- of the water supply system may not exceed the operation of intake facilities, pumping cidental operational requirements of the an amount equal to 3 percent of the amount stations, water treatment facilities, res- water supply system during the period begin- provided in the total project construction ervoirs, and pipelines up to the point of de- ning May 1, and ending October 31, of each budget for the portion of the projects to be livery of water by the Perkins County Rural year. constructed in Fall River County, South Da- Water System to each entity that distributes (b) CONDITIONS.—The capacity and energy kota. water at retail to individual users. described in subsection (a) shall be made SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (4) SECRETARY.—The term ‘‘Secretary’’ available on the following conditions: There are authorized to be appropriated means the Secretary of the Interior. (1) The water supply system shall be oper- $3,600,000 for the planning and construction (5) WATER SUPPLY SYSTEM.—The term ated on a not-for-profit basis. of the water system under section 4, plus ‘‘water supply system’’ means the Perkins (2) The water supply system shall contract such sums as are necessary to defray in- County Rural Water System, Inc., that is es- to purchase its entire electric service re- creases in development costs reflected in ap- tablished and operated substantially in ac- quirements, including the capacity and en- propriate engineering cost indices after Au- cordance with the feasibility study. ergy made available under subsection (a), gust 1, 1995. SEC. 4. FEDERAL ASSISTANCE FOR THE WATER from a qualified preference power supplier SUPPLY SYSTEM. that itself purchases power from the Western S. 2039 (a) IN GENERAL.—The Secretary is author- Area Power Administration. Be it enacted by the Senate and House of Rep- ized to make grants to the Perkins County (3) The rate schedule applicable to the ca- resentatives of the United States of America in Rural Water System, Inc., a nonprofit cor- pacity and energy made available under sub- Congress assembled, poration, for the planning and construction section (a) shall be the firm power rate of the water supply system. SECTION 1. SHORT TITLE. schedule of the Pick-Sloan Eastern Division (b) SERVICE AREA.—The water supply sys- of the Western Area Power Administration This Act may be cited as the ‘‘Perkins tem shall provide for safe and adequate mu- County Rural Water System Act of 1996’’. in effect when the power is delivered by the nicipal, rural, and industrial water supplies, Administration. SEC. 2. FINDINGS AND PURPOSES. mitigation of wetlands areas, and water con- (4) It shall be agreed by contract among— (a) FINDINGS.—The Congress finds that— servation in Perkins County, South Dakota. (A) the Western Area Power Administra- (1) there are insufficient water supplies of (c) AMOUNT OF GRANTS.—Grants made reasonable quality available to the members available under subsection (a) to the Perkins tion; of the Perkins County Rural Water System County Water System, Inc., shall not exceed (B) the power supplier with which the located in Perkins County, South Dakota, the amount authorized under section 10. water supply system contracts under para- and the water supplies that are available do (d) LIMITATION ON AVAILABILITY OF CON- graph (2); not meet the minimum health and safety STRUCTION FUNDS.—The Secretary shall not (C) the power supplier of the entity de- standards, thereby posing a threat to public obligate funds for the construction of the scribed in subparagraph (B); and health and safety; water supply system until— (D) the Perkins County Rural Water Sys- (2) in 1977 the North Dakota State Legisla- (1) the requirements of the National Envi- tem, Inc., ture authorized and directed the State Water ronmental Policy Act of 1969 (42 U.S.C. 4321 that in the case of the capacity and energy Commission to conduct the Southwest Area et seq.) have been met; made available under subsection (a), the ben- Water Supply Study, which included water (2) a final engineering report has been pre- efit of the rate schedule described in para- service to a portion of Perkins County, pared and submitted to the Congress for a graph (3) shall be passed through to the South Dakota; period of not less than 90 days before the water supply system, except that the power (3) the Garrison Diversion Unit Reformula- commencement of construction of the sys- supplier of the water supply system shall not tion Act of 1986 authorized the Southwest tem; and be precluded from including, in the charges

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9593 of the supplier to the water system for the vent the use of controlled substances I believe that the Federal Govern- electric service, the other usual and cus- to facilitate rape. This bill is to strike ment must show that it will not tol- tomary charges of the supplier. back at those who would use controlled erate the use of this drug—or any SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES. substances to engage in the most rep- drug—to facilitate rape. I believe it is This Act shall not limit the authorization rehensible of crimes. Joining me in co- necessary and appropriate to establish for water projects in South Dakota and sponsorship of this legislation is Sen- a new provision that establishes tough North Dakota under law in effect on or after ator HUTCHISON. penalties for the use of any controlled the date of enactment of this Act. Mr. President, earlier in the year as substance to facilitate rape. SEC. 9. WATER RIGHTS. a member of the congressional task Rohypnol abuse was initially re- Nothing in this Act— force on national drug policy, I joined ported in Florida and Texas, but its use (1) invalidates or preempts State water law in issuing a report, ‘‘Setting the has now become more widespread. or an interstate compact governing water; (2) alters the rights of any State to any ap- Course: A National Drug Strategy.’’ In an effort to stem the illegal flow propriated share of the waters of any body of This report noted that every survey of of rohypnol into the United States, the surface or ground water, whether determined teenage drug use in the past two years U.S. Customs Service developed and by past or future interstate compacts or by indicates not only increasing use of implemented a ban on the importation past or future legislative or final judicial al- dangerous drugs among teens, but a of rohypnol into the United States. locations; disturbing change in the attitudes Unfortunately, the problem con- (3) preempts or modifies any Federal or teens have about the dangers of drug tinues to grow. State law, or interstate compact, dealing use. Rohypnol is a member of the widely- with water quality or disposal; or used class of prescription medications (4) confers on any non-Federal entity the Two very important surveys have ability to exercise any Federal right to the confirmed that teenage drug abuse is known as benzodiazapines. This class of waters of any stream or to any ground water on the rise. drugs is used to treat sleep disorders, resource. The first study is the national high anxiety disorders and to control sei- SEC. 10. FEDERAL COST SHARE. school report, Monitoring the Future, zures, among other purposes. When The Secretary is authorized to provide which surveys over 50,000 students in used for legitimate medical purposes, funds equal to 75 percent of— some 400 public and private secondary this class of drugs is vital to the phys- (1) the amount allocated in the total schools. The second study is the annual ical and mental health of thousands of project construction budget for the planning survey by the Parents’ Resource Insti- Americans. and construction of the water supply system The Controlled Substances Act estab- under section 4; and tute for Drug Education, which surveys (2) such sums as are necessary to defray in- nearly 200,000 ninth to twelfth graders. lishes five schedules of controlled sub- creases in development costs reflected in ap- While these studies focused on the stances, based primarily upon a drug’s propriate engineering cost indices after May use of marijuana, the use of relative potential for abuse. Drugs list- 1, 1994. hallucinogens, stimulants, and other ed in schedules I and II are those with SEC. 11. NON-FEDERAL COST SHARE. drugs are also on the rise. According to the highest potential for abuse, while The non-Federal share of the costs allo- reports by the Center on Addiction and drugs listed in schedule V are those cated to the water supply system shall be 25 Substance Abuse, adolescents who use with the lowest potential for abuse. percent of— Rohypnol is currently listed in (1) the amount allocated in the total marijuana are 85 times more likely to project construction budget for the planning move to other dangerous drugs, such as Schedule IV of the Controlled Sub- and construction of the water supply system cocaine. stances Act. In addition to rohypnol, under section 4; and As a recent report that we issued more than twenty other benzodiazepine (2) such sums as are necessary to defray in- from the Judiciary Committee, Losing substances are listed as a Schedule IV creases in development costs reflected in ap- Ground Against Drugs noted: substance. propriate engineering cost indices after May The implication for public policy is clear. Rohypnol is not marketed or manu- 1, 1994. If such increases are allowed to continue for factured in the United States. While SEC. 12. BUREAU OF RECLAMATION AUTHORIZA- just two more years, America will be at risk not legally available for legitimate TION. of returning to the epidemic drug use of the (a) AUTHORIZATION.—The Secretary is au- medical uses in the United States, 1970’s. thorized to allow the Bureau of Reclamation rohypnol is widely used for legitimate to provide construction oversight to the While the overwhelming abuse of medical purposes in many countries water supply system for those areas of the drugs by teenagers focuses on illicit throughout the world. water supply system that are described in drugs, the illegal diversion and misuse In response to reports that the inci- section 4(b). of medicines is also a growing problem dence of abuse of rohypnol was increas- (b) PROJECT OVERSIGHT ADMINISTRATION.— The amount of funds used by the Bureau of in our country. ing, the Drug Enforcement Administra- Reclamation for planning and construction During the past few years, there has tion instituted the formal rescheduling of the water supply system may not exceed been increasing abuse of a drug called process for this substance by submit- an amount equal to 3 percent of the amount rohypnol. Rohypnol is not approved for ting a formal request on April 11, 1996 provided in the total project construction marketing in the United States but it to the Food and Drug Administration budget for the portion of the project to be is a legitimate therapeutic agent that to conduct an evaluation of the sci- constructed in Perkins County, South Da- is approved for use in several countries entific and medical evaluation of this kota. to treat sleep disorders. substance. That evaluation is ongoing. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated According to a report from the In a letter from Health and Human $15,000,000 for the planning and construction Haight Ashbury Free Clinic, several Services Secretary Donna E. Shalala to of the water system under section 4, plus abuse patterns of rohypnol have me on July 24, 1996, Secretary Shalala such sums as are necessary to defray in- evolved in the United States. informed me that the goal of the re- creases in development costs reflected in ap- Rohypnol is being abused by heroin scheduling process was to make propriate engineering cost indices after May addicts as an enhancing agent for low- rohypnol subject to increased penalties 1, 1994. quality heroin, as well as in combina- for illicit use and trafficking. By Mr. HATCH (for himself and tion with cocaine. In some areas it is Since this particular drug has be- Mrs. HUTCHISON): referred to as a ‘‘club drug’’—where it come a leading agent of abuse and the S. 2040. A bill to amend the Con- is used by so called ‘‘recreational’’ focus of this debate, I agree with Sec- trolled Substances Act to provide a users who intermittently abuse a vari- retary Shalala that it is appropriate to penalty for the use of a controlled sub- ety of substances. increase the penalties for illegal traf- stance with the intent to rape, and for However, the most disturbing use of ficking in rohypnol. This bill does that. other purposes; to the Committee on rohypnol is its use to facilitate the However, I am concerned about the the Judiciary. rape of women. Reports continue to be precedent that rescheduling would THE DRUG-INDUCED RAPE PREVENTION ACT OF made that rohypnol has been illicitly have on this very useful class of medi- 1996 put into the drinks of unsuspecting vic- cines. I fee a more appropriate—and Mr. HATCH. Mr. President, I rise tims before they are sexually as- rapid—method to respond to this crisis today to introduce S. 2040, a bill to pre- saulted. is to implement the increased penalties

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9594 CONGRESSIONAL RECORD — SENATE August 2, 1996 for illegal trafficking in rohypnol with- 960(b)) is amended by inserting ‘‘or vidual or any Government agency from out having Congress circumvent the flunitrazepam’’ after ‘‘I or II,’’. randomly dumping sediments into the well-established process for resched- (3) Section 1010(b)(4) of the Controlled Sub- ecologically sensitive sound. Specifi- stances Import and Export Act is amended uling a substance. by inserting ‘‘(except a violation involving cally, the legislation prevents all sedi- As I mentioned previously, the re- flunitrazepam)’’ after ‘‘III, IV, or V,’’. ments that contain any constituents scheduling process requires a careful (c) SENTENCING GUIDELINES.—The United prohibited as other than trace con- scientific and medical evaluation of States Sentencing Commission shall amend taminants, as defined by Federal regu- the substance. This evaluation is com- the Sentencing Guidelines so that one dosage lations, from being dumped into either pleted by the FDA in consultation with unit of flunitrazepam shall be equivalent to Long Island Sound or Block Island HHS’ National Institute on Drug one gram of marihuana for determining the Sound. Exceptions to the act can be Abuse. Congress does not have the re- offense level under the Drug Quantity Table. made only in circumstances where the sources or expertise to complete such Section 1. Short Title: Establishes the title Administrator of the Environmental an evaluation, and by considering re- of the bill as the ‘‘Drug-Induced Rape Pre- Protection Agency shows that the ma- scheduling may establish an uninten- vention Act of 1996.’’ terial will not cause undesirable effects tional precedent with regard to sched- Section 2. Penalties for Distribution of a to the environment or marine life. uling of controlled substances which Controlled Substance with Intent to Rape: Last fall, the U.S. Navy dumped over we may regret later on. Creates a specific violation under the Con- 1 million cubic yards of dredged mate- I believe that the Drug-Induced Rape trolled Substances Act (CSA) for unlawful rial from the Thames River into the Prevention Act of 1996 provides for a distribution, with the intent to rape, of a New London dump site located in the controlled substance to a person without rapid, measured response to the prob- that person’s knowledge. The penalty will be sound. Independent tests of this sedi- lem that the abuse of rohypnol has pre- up to 20 years without probation, and fines ment indicated that contaminants sented, without establishing an unin- will be imposed of up to two million dollars were present in that dredged material tended role for Congress with regard to for an individual. The definition of ‘‘intent that now lies at the bottom of the the scheduling of controlled sub- to rape’’ is provided in section 2241(b) or sound’s New London dump site–con- stances. I urge that this legislation be 2242(2) of Title 18, U.S.C. and is referenced in taminants such as dioxin, cadmium, considered when we reconvene next this bill. pesticides, polyaromatic hydrocarbons, month. Section 3. Additional Penalties Relating to Flunitrazepam: PCB’s, and mercury. Right now, there Mr. President, I ask unanimous con- (a) GENERAL PENALTIES.—Provides en- is a question as to the long-term im- sent that the text of the bill and a sec- hanced penalties for manufacturing, distrib- pact this material will have on the tion-by-section analysis be place in the uting, dispensing, or possessing with the in- aquatic life and the environment in RECORD. tent to manufacture, dispense or distribute this area. Such concerns should not There being no objection, the mate- large quantities of the drug flunitrazepam have to occur. It has taken years to rial was ordered to be printed in the (marketed under the name ‘‘Rohypnol’’). One come as far as we have in cleaning up RECORD, as follows: gram or more of flunitrazepam will carry a Long Island Sound—we should not penalty of not more than 20 years in prison, S. 2040 and 30 milligrams a penalty of not more than jeopardize those gains by routinely al- Be it enacted by the Senate and House of Rep- five years in prison. lowing the dumping of polluted sedi- resentatives of the United States of America in (b) IMPORT AND EXPORT PENALTIES.—Ex- ments in these waters. Congress assembled, tends the so-called ‘‘long-arm’’ provisions of Over $1.2 billion in Federal, State, SECTION 1. SHORT TITLE. 21 U.S.C. 959(a) to the unlawful manufacture and local funds have been spent in the This Act may be cited as the ‘‘Drug-In- and distribution of flunitrazepam outside the State of New York in the last quarter duced Rape Prevention Act of 1996’’. United States with the intent to import it century combating pollution in the SEC. 2. PENALTIES FOR DISTRIBUTION OF A CON- unlawfully into this country. sound. However, over the last 25 years, (c) SENTENCING GUIDELINES.—Directs the TROLLED SUBSTANCE WITH INTENT we have continued to look the other TO RAPE. U.S. Sentencing Commission to amend the Section 401(b) of the Controlled Substances Sentencing Guidelines so that flunitrazepam way when it comes to dumping in the Act is amended by adding at the end the fol- will be subject to the same base offense level sound. Such actions are counter- lowing: as schedule I or II depressants. productive in our efforts to restore the ‘‘(7)(A) Whoever, with intent to rape an in- Sound for recreational activities such dividual, violates subsection (a) by distrib- By Mr. D’AMATO (for himself, as swimming and boating as well as the uting a controlled substance to that indi- Mr. MOYNIHAN, and Mr. FAIR- economic benefits of sport fishing and vidual without that individual’s knowledge, CLOTH): the shellfish industry all of which shall be imprisoned not more than 20 years S. 2041. A bill to amend the Marine bring more than $5.5 billion to the re- and fined as provided under title 18, United Protection, Research, and Sanctuaries States Code. gion each year. We can and must ‘‘(B) As used in this paragraph— Act of 1972 with respect to the dumping change our current direction. With the ‘‘(i) the term ‘intent to rape’ means the in- of dredged material in Long Island passage of this legislation, I am con- tent to facilitate conducted defined in sec- Sound, and for other purposes; to the fident that we will do so, and the Long tion 2241(b) or 2242(2) of title 18, United Committee on Environment and Public Island Sound will move forward on the States Code; and Works. road to recovery. I urge my colleagues ‘‘(ii) the term ‘without that individual’s THE LONG ISLAND SOUND PRESERVATION AND knowledge’ means that the individual is un- to join us in cosponsoring this bill, and PROTECTION ACT aware that a substance with the ability to I encourage its swift passage in the alter that individual’s ability to appraise Mr. D’AMATO. Mr. President, I rise Senate. conduct or to decline participation in or today to introduce legislation along Mr. President, I ask unanimous con- communicate unwillingness to participate in with Senator MOYNIHAN and Senator sent that the text of the bill be printed conduct is administered to the individual.’’. FAIRCLOTH that will help guarantee in the RECORD. SEC. 3. ADDITIONAL PENALTIES RELATING TO that one of our Nation’s most impor- There being no objection, the bill was FLUNITRAZEPAM. tant estuaries is no longer used as a ordered to be printed in the RECORD, as (a) GENERAL PENALTIES.—Section 401 of the dumping ground for polluted dredged follows: Controlled Substances Act (21 U.S.C. 841) is material. Long Island Sound is a spec- S. 2041 amended— (1) in subsection (b)(1)(C), by inserting ‘‘or tacular body of water located between Be it enacted by the Senate and House of Rep- 1 gram of flunitrazepam’’ after ‘‘I or II’’; and Long Island, NY and the State of Con- resentatives of the United States of America in (2) in subsection (b)(1)(D), by inserting ‘‘or necticut. Unfortunately, dumping of Congress assembled, 30 milligrams of flunitrazepam,’’ after dredged material of questionable envi- SECTION 1. SHORT TITLE. ‘‘schedule III,’’. ronmental impact has occurred in the This Act may be cited as the ‘‘Long Island (b) IMPORT AND EXPORT PENALTIES.— sound for a number of years. It is high Sound Preservation and Protection Act of (1) Section 1009(a) of the Controlled Sub- time that Congress put an end to this 1996’’. stances Import and Export Act (21 U.S.C. SEC. 2. DUMPING OF DREDGED MATERIALS IN 959(a)) is amended by inserting ‘‘or practice of willful pollution of the LONG ISLAND SOUND. flunitrazepam’’ after ‘‘I or II’’. Sound. Section 106(f) of the Marine Protection, Re- (2) Section 1010(b)(3) of the Controlled Sub- The legislation that we are intro- search, and Sanctuaries Act of 1972 (33 U.S.C. stances Import and Export Act (21 U.S.C. ducing today will prevent any indi- 1416(f)) is amended to read as follows:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9595 ‘‘(f) DUMPING OF DREDGED MATERIAL IN ing. A recent HUD study found that al- riety of tools to address the spiraling LONG ISLAND SOUND.— most two-thirds of assisted properties costs of Section 8 assistance without ‘‘(1) IN GENERAL.—No dredged material have contract rents greater than com- harming residents or communities. The from any Federal or non-Federal project that contains any of the constituents prohibited parable market rents. Like the se- bill will reduce the long-term ongoing as other than trace contaminants (as defined verely distressed public housing stock, costs of Federal subsidies by restruc- by the Federal ocean dumping criteria stated some of these Section 8 projects have turing the underlying debt insured by in section 227.6 of title 40, Code of Federal become targets and havens for crime FHA. This restructuring process will Regulations) may be dumped in Long Island and drug activities. Thus, in some reduce the subsidy needs and costs of Sound or Block Island Sound except in a case cases, taxpayers are paying costly sub- the properties and minimizes adverse in which it is demonstrated to the Adminis- sidies for inferior housing. We believe tax consequences to good owners. trator, and the Administrator certifies by that a policy that pays excessive rental In recognition of HUD’s inability to publication in the Federal Register, that the subsidies for housing is not fair to the dumping of the dredged material containing manage and service its housing inven- the constituents will not cause significant American taxpayer, and it cannot be tory, this legislation would transfer undesirable effects, including the threat as- sustained in the current budget envi- the functions and responsibilities to sociated with bioaccumulation of such con- ronment. capable State and local housing agen- stituents in marine organisms. It is critical that this legislation be cies who would act as participating ad- (2) FEDERAL PROJECTS EXCEEDING 25,000 enacted this year because in the next ministrative entities in managing this YARDS.—In addition to other provisions of several years, a majority of the Section program. Incentives would be provided law and notwithstanding the specific exclu- 8 contracts on the 8,500 FHA-insured to these entities to ensure that the sion relating to dredged material of the first properties will expire. If contracts con- sentence in section 102(a), any dumping of American taxpayer is paying the least dredged material in Long Island Sound from tinue to be renewed at existing levels, amount of money to provide decent, a Federal project (or pursuant to Federal au- the cost of renewing these contracts safe, and affordable housing. Any thorization) by a non-Federal applicant in a will grow from $1.2 billion in fiscal year amount of incentives provided to State quantity exceeding 25,000 cubic yards shall 1997 to almost $4 billion in fiscal year and local entities would only be used comply with the criteria established under 2000 and $8 billion 10 years from now. for low-income housing purposes. the second sentence of section 102(a) relating However, if these project-based assist- Horror stories of owners that have to the effects of dumping. ance contracts are not renewed most of clearly violated housing quality stand- ‘‘(3) RELATION TO OTHER LAW.—Subsection (d) shall not apply to this subsection.’’. the FHA-insured mortgages—with an ards would no longer be tolerated. Our unpaid principal balance of $18 bil- bill screens out bad owners and man- By Mr. MACK (for himself, Mr. lion—will default and result in claims agers and nonviable projects from the BOND, Mr. D’AMATO, and Mr. on the FHA insurance funds. This could inventory and provides tougher and BENNETT): lead to more severe actions such as more effective enforcement tools that S. 2042. A bill to reform the multi- foreclosure, which will adversely affect will minimize fraud and abuse of FHA family rental assisted housing pro- residents and communities. insurance and assisted housing pro- grams of the Federal Government, Like public housing, federally as- grams. maintain the affordability and avail- sisted and insured housing provides Lastly, our bill provides tools to re- ability of low-income housing, and for critical housing to almost 1.6 million capitalize the assisted stock that suffer other purposes; to the Committee on American families. There are other from deferred maintenance and empow- Banking, Housing, and Urban Affairs. similarities to public housing. For one, ers residents by providing for meaning- THE MULTIFAMILY ASSISTED HOUSING REFORM the average annual income of residents ful community and resident input into AND AFFORDABILITY ACT OF 1996 that reside in project-based housing is the process. Residents would also be Mr. MACK. Mr. President, I am less than $7,000. A significant percent- empowered through opportunities to pleased to introduce, on behalf of Sen- age of residents are elderly or persons purchase properties. ator D’AMATO, BOND, and BENNETT, the with disabilities. Many of these devel- Mr. President, I would like to reem- Multifamily Assisted Housing Reform opments are located in rural areas phasize that it is critical that we ad- and Affordability Act of 1996. This bill where no other rental housing exists. dress this issue this year. Delays will is a serious effort to reform the Na- some of these properties serve as ‘‘an- only harm the assisted housing stock, tion’s assisted and insured multifamily chors’’ of neighborhoods where the eco- its residents and communities, and the housing portfolio in a responsible man- nomic stability of the neighborhoods is financial stability of the FHA insur- ner that balances both fiscal and public dependent upon the viability of these ance funds. Further, HUD only has lim- policy goals. This legislation will save properties. ited statutory authority to renew these scarce Federal subsidy dollars while Unfortunately for residents and com- contracts. In most cases, it cannot and maintaining the affordability and munities, HUD does not have the abil- does not have the capability to deal availability of decent and safe rental ity to administer and oversee its port- with this housing portfolio under cur- housing. folio of multifamily housing prop- rent law. About 20 years ago, the Federal Gov- erties. The General Accounting Office This legislation will protect the Fed- ernment encouraged private developers and the HUD Office of Inspector Gen- eral Government’s investment in as- to construct affordable rental housing eral [IG] have found that even though sisted housing and ensure that partici- by providing mortgage insurance HUD has various enforcement tools to pating administrative entities are held through the Federal Housing Adminis- ensure that properties are properly accountable for their activities. It is tration [FHA] and rental assistance maintained, poor management infor- also our goal that this process will en- through the Department of Housing mation systems and ineffective over- sure the long-term viability of these and Urban Development’s [HUD] sight of properties have impeded HUD’s projects with minimal Federal involve- project-based Section 8 programs. In ability to identify problems and pursue ment. It is a real effort to reduce the addition, tax incentives for the devel- enforcement actions in a timely fash- costs of the Federal Government while opment of low-income housing were ion. HUD is further hampered by the recognizing the needs of low-income provided through the tax code until lack of adequate staffing and inad- families and communities throughout 1986. equately trained staff. For example, the Nation. The combination of these financial the IG found that the average workload Mr. President, I ask unanimous con- incentives resulted in the creation of for a HUD loan servicer ranged from 28 sent that a summary and the text of thousands of decent, safe, and afford- projects per servicer to 105 projects per the bill be printed in the RECORD. able housing properties but, at a great servicer. In comparison, State housing There being no objection, the mate- cost to the American taxpayer. Flaws finance agencies averaged 12 to 16 rial was ordered to be printed in the in the Section 8 rental assistance pro- projects per servicer. RECORD, as follows: gram allowed owners to receive more The Multifamily Assisted Housing S. 2042 Federal dollars in rental subsidy than Reform and Affordability Act addresses Be it enacted by the Senate and House of Rep- was necessary to maintain properties these issues through a new comprehen- resentatives of the United States of America in as decent and affordable rental hous- sive structure that provides a wide va- Congress assembled,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9596 CONGRESSIONAL RECORD — SENATE August 2, 1996 (6) many of the contracts for project-based (4) to streamline and improve federally in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. assistance will expire during the several sured and assisted multifamily housing (a) SHORT TITLE.—This Act may be cited as years following the date of enactment of this project oversight and administration; the ‘‘Multifamily Assisted Housing Reform Act; (5) to resolve the problems affecting finan- and Affordability Act of 1996’’. (7) it is estimated that— cially and physically troubled federally in- (b) TABLE OF CONTENTS.—The table of con- (A) if no changes in the terms and condi- sured and assisted multifamily housing tents for this Act is as follows: tions of the contracts for project-based as- projects through cooperation with residents, Sec. 1. Short title; table of contents. sistance are made before fiscal year 2000, the owners, State and local governments, and cost of renewing all expiring rental assist- other interested entities and individuals; and TITLE I—FHA-INSURED MULTIFAMILY ance contracts under section 8 of the United (6) to grant additional enforcement tools HOUSING MORTGAGE AND HOUSING States Housing Act of 1937 for both project- to use against those who violate agreements ASSISTANCE RESTRUCTURING based and tenant-based rental assistance will and program requirements, in order to en- Sec. 101. Findings and purposes. increase from approximately $4,000,000,000 in sure that the public interest is safeguarded Sec. 102. Definitions. fiscal year 1997 to over $17,000,000,000 by fis- and that Federal multifamily housing pro- Sec. 103. Authority of participating adminis- cal year 2000 and some $23,000,000,000 in fiscal grams serve their intended purposes. trative entities. year 2006; SEC. 102. DEFINITIONS. Sec. 104. Mortgage restructuring and rental (B) of those renewal amounts, the cost of For purposes of this title, the following assistance sufficiency plan. renewing project-based assistance will in- definitions shall apply: Sec. 105. Section 8 renewals and long-term crease from $1,200,000,000 in fiscal year 1997 (1) COMPARABLE PROPERTIES.—The term affordability commitment by to almost $8,000,000,000 by fiscal year 2006; ‘‘comparable properties’’ means properties owner of project. and that are— Sec. 106. Prohibition on restructuring. (C) without changes in the manner in (A) similar to the eligible multifamily Sec. 107. Restructuring tools. which project-based rental assistance is pro- Sec. 108. Shared savings incentive. housing project in neighborhood (including Sec. 109. Management standards. vided, renewals of expiring contracts for risk of crime), location, access, street ap- Sec. 110. Monitoring of compliance. project-based rental assistance will require peal, age, property size, apartment mix, Sec. 111. Review. an increasingly larger portion of the discre- physical configuration, property amenities, Sec. 112. GAO audit and review. tionary budget authority of the Department inapartment rental amenities, and utilities; Sec. 113. Regulations. of Housing and Urban Development in each (B) unregulated by contractual encum- Sec. 114. Technical and conforming amend- subsequent fiscal year for the foreseeable fu- brances or local rent-control laws; and ments. ture; (C) occupied predominantly by renters who Sec. 115. Termination of authority. (8) absent new budget authority for the re- receive no rent supplements or rental assist- TITLE II—ENFORCEMENT PROVISIONS newal of expiring rental contracts for ance. project-based assistance, many of the FHA- (2) ELIGIBLE MULTIFAMILY HOUSING Sec. 201. Implementation. insured multifamily housing projects that PROJECT.—The term ‘‘eligible multifamily Subtitle A—FHA Single Family and are assisted with project-based assistance housing project’’ means a property con- Multifamily Housing will likely default on their FHA-insured sisting of more than 4 dwelling units— Sec. 211. Authorization to immediately sus- mortgage payments, resulting in substantial (A) with rents which, on an average per pend mortgagees. claims to the FHA General Insurance Fund unit or per room basis, exceed the fair mar- Sec. 212. Extension of equity skimming to and Special Risk Insurance Funds; ket rent of the same market area, as deter- other single family and multi- (9) more than 15 percent of federally as- mined by the Secretary; family housing programs. sisted multifamily housing projects are (B) that is covered in whole or in part by Sec. 213. Civil money penalties against physically or financially distressed, includ- a contract for project-based assistance mortgagees, lenders, and other ing a number which suffer from mismanage- under— participants in FHA programs. ment; (i) the new construction and substantial Subtitle B—FHA Multifamily (10) due to Federal budget constraints, the rehabilitation program under section 8(b)(2) downsizing of the Department of Housing Sec. 220. Civil money penalties against gen- of the United States Housing Act of 1937 (as and Urban Development, and diminished ad- eral partners, officers, direc- in effect before October 1, 1983); ministrative capacity, the Department lacks (ii) the property disposition program under tors, and certain managing the ability to ensure the continued economic section 8(b) of the United States Housing Act agents of multifamily projects. and physical well-being of the stock of feder- Sec. 221. Civil money penalties for non- of 1937; ally insured and assisted multifamily hous- compliance with section 8 HAP (iii) the moderate rehabilitation program ing projects; and under section 8(e)(2) of the United States contracts. (11) the economic, physical, and manage- Sec. 222. Extension of double damages rem- Housing Act of 1937; ment problems facing the stock of federally edy. (iv) the project-based certificate program Sec. 223. Obstruction of Federal audits. insured and assisted multifamily housing under section 8 of the United States Housing projects will be best served by reforms that— Act of 1937; TITLE I—FHA-INSURED MULTIFAMILY (A) reduce the cost of Federal rental assist- (v) section 23 of the United States Housing HOUSING MORTGAGE AND HOUSING AS- ance, including project-based assistance, to Act of 1937 (as in effect before January 1, SISTANCE RESTRUCTURING these projects by reducing the debt service 1975); SEC. 101. FINDINGS AND PURPOSES. and operating costs of these projects while (vi) the rent supplement program under (a) FINDINGS.—The Congress finds that— retaining the low-income affordability and section 101 of the Housing and Urban Devel- (1) there exists throughout the Nation a availability of this housing; opment Act of 1965; or need for decent, safe, and affordable housing; (B) address physical and economic distress (vii) section 8 of the United States Housing (2) as of the date of enactment of this Act, of this housing and the failure of some Act of 1937, following conversion from assist- it is estimated that— project managers and owners of projects to ance under section 101 of the Housing and (A) the insured multifamily housing port- comply with management and ownership Urban Development Act of 1965; and folio of the Federal Housing Administration rules and requirements; and (C) financed by a mortgage insured under consists of 14,000 rental properties, with an (C) transfer and share many of the loan the National Housing Act. aggregate unpaid principal mortgage balance and contract administration functions and (3) EXPIRING CONTRACT.—The term ‘‘expir- of $38,000,000,000; and responsibilities of the Secretary with capa- ing contract’’ means a project-based assist- (B) approximately 10,000 of these properties ble State, local, and other entities. ance contract attached to an eligible multi- contain housing units that are assisted with (b) PURPOSES.—The purposes of this title family housing project which, under the project-based rental assistance under section are— terms of the contract, will expire. 8 of the United States Housing Act of 1937; (1) to preserve low-income rental housing (4) EXPIRATION DATE.—The term ‘‘expira- (3) FHA-insured multifamily rental prop- affordability and availability while reducing tion date’’ means the date on which an expir- erties are a major Federal investment, pro- the long-term costs of project-based assist- ing contract expires. viding affordable rental housing to an esti- ance; (5) FAIR MARKET RENT.—The term ‘‘fair mated 2,000,000 low- and very low-income (2) to reform the design and operation of market rent’’ means the fair market rental families; Federal rental housing assistance programs, established under section 8(c) of the United (4) approximately 1,600,000 of these families administered by the Secretary, to promote States Housing Act of 1937. live in dwelling units that are assisted with greater multifamily housing project oper- (6) KNOWING OR KNOWINGLY.—The term project-based rental assistance under section ating and cost efficiencies; ‘‘knowing’’ or ‘‘knowingly’’ means having 8 of the United States Housing Act of 1937; (3) to encourage owners of eligible multi- actual knowledge of or acting with delib- (5) a substantial number of housing units family housing projects to restructure their erate ignorance or reckless disregard. receiving project-based assistance have rents FHA-insured mortgages and project-based (7) LOW-INCOME FAMILIES.—The term ‘‘low- that are higher than the rents of com- assistance contracts in a manner which is income families’’ has the same meaning as parable, unassisted rental units in the same consistent with this title before the year in provided under section 3(b)(2) of the United housing rental market; which the contract expires; States Housing Act of 1937.

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(8) MULTIFAMILY HOUSING MANAGEMENT be included as part of the comprehensive responsible for all eligible multifamily hous- AGREEMENT.—The term ‘‘multifamily hous- needs assessment; ing projects in the jurisdiction of the agency. ing management agreement’’ means the (D) identify the responsibilities of both the (B) DELEGATION.—A participating adminis- agreement entered into between the Sec- participating administrative entity and the trative entity may delegate or transfer re- retary and a participating administrative en- Secretary in implementing a mortgage re- sponsibilities and functions under this title tity, as provided under section 103 of the structuring and rental assistance sufficiency to one or more interested and qualified pub- title. plan, including any actions proposed to be lic entities. (9) PARTICIPATING ADMINISTRATIVE ENTI- taken under section 106 or 107; (C) WAIVER.—A State housing finance TY.—The term ‘‘participating administrative (E) require each mortgage restructuring agency or local housing agency may request entity’’ means a public agency, including a and rental assistance sufficiency plan pre- a waiver from the Secretary from the re- State housing finance agency or local hous- pared in accordance with the requirements of quirements of this paragraph for good cause. ing agency, which meets the requirements section 104 for each eligible multifamily SEC. 104. MORTGAGE RESTRUCTURING AND under section 103(b). housing project; RENTAL ASSISTANCE SUFFICIENCY (10) PROJECT-BASED ASSISTANCE.—The term (F) indemnify the participating adminis- PLAN. ‘‘project-based assistance’’ means rental as- trative entity against lawsuits and penalties (a) IN GENERAL.— sistance under section 8 of the United States for actions taken pursuant to the agreement, (1) DEVELOPMENT OF PROCEDURES AND RE- Housing Act of 1937 that is attached to a excluding actions involving gross negligence QUIREMENTS.—The Secretary shall develop multifamily housing project. or willful misconduct; and procedures and requirements for the submis- (11) RENEWAL.—The term ‘‘renewal’’ means (G) include compensation for all reason- sion of a mortgage restructuring and rental the replacement of an expiring Federal rent- able expenses incurred by the participating assistance sufficiency plan for each eligible al contract with a new contract under sec- administrative entity necessary to perform multifamily housing project with an expir- tion 8 of the United States Housing Act of its duties under this Act, including such in- ing contract. 1937, consistent with the requirements of centives as may be authorized under section (2) TERMS AND CONDITIONS.—Each mortgage this title. 108. restructuring and rental assistance suffi- (12) SECRETARY.—The term ‘‘Secretary’’ ciency plan submitted under this subsection (b) SELECTION OF PARTICIPATING ADMINIS- means the Secretary of Housing and Urban shall be developed at the initiative of an TRATIVE ENTITY.— Development. owner of an eligible multifamily housing (1) SELECTION CRITERIA.—The Secretary (13) STATE.—The term ‘‘State’’ has the project with a participating administrative shall select a participating administrative same meaning as in section 104 of the Cran- entity, under such terms and conditions as entity based on the following criteria— ston-Gonzalez National Affordable Housing the Secretary shall require. (A) is located in the State or local jurisdic- Act. (3) CONSOLIDATION.—Mortgage restruc- tion in which the eligible multifamily hous- (14) TENANT-BASED ASSISTANCE.—The term turing and rental assistance sufficiency ing project or projects are located; ‘‘tenant-based assistance’’ has the same plans submitted under this subsection may (B) has demonstrated expertise in the de- meaning as in section 8(f) of the United be consolidated as part of an overall strategy velopment or management of low-income af- States Housing Act of 1937. for more than one property. fordable rental housing; (15) UNIT OF GENERAL LOCAL GOVERNMENT.— (b) NOTICE REQUIREMENTS.— (C) has a history of stable, financially The term ‘‘unit of general local government’’ (1) ESTABLISHMENT.— sound, and responsible administrative per- has the same meaning as in section 104 of the (A) IN GENERAL.—The Secretary shall es- Cranston-Gonzalez National Affordable formance; tablish notice procedures and hearing re- Housing Act. (D) has demonstrated financial strength in quirements for tenants and owners con- (16) VERY LOW-INCOME FAMILY.—The term terms of asset quality, capital adequacy, and cerning the dates for the expiration of ‘‘very low-income family’’ has the same liquidity; and project-based assistance contracts for any el- meaning as in section 3(b) of the United (E) is otherwise qualified, as determined by igible multifamily housing project. the Secretary, to carry out the requirements States Housing Act of 1937. (B) 12-MONTH NOTICE.—Under the hearing re- SEC. 103. AUTHORITY OF PARTICIPATING ADMIN- of this title. quirements established under this paragraph, ISTRATIVE ENTITIES. (2) SELECTION OF MORTGAGE RISK-SHARING the owner shall provide 12 months notice in (a) PARTICIPATING ADMINISTRATIVE ENTI- ENTITIES.—Any State housing finance agency writing before the expiration of the initial TIES.— or local housing agency which is designated project-based assistance contract to tenants (1) IN GENERAL.—The Secretary shall enter as a qualified participating entity under sec- of any eligible multifamily housing project. tion 542 of the Housing and Community De- into multifamily housing management (2) EXTENSION OF CONTRACT TERM.—Subject agreements with participating administra- velopment Act of 1992 shall automatically to agreement by a project owner, the Sec- tive entities for the implementation of mort- qualify as a participating administrative en- retary may extend the term of any expiring gage restructuring and rental assistance suf- tity under this section. contract or provide a section 8 contract with ficiency plans to restructure FHA-insured (3) ALTERNATIVE ADMINISTRATORS.—With rent levels set in accordance with subsection multifamily housing mortgages, in order respect to any eligible multifamily housing (f)(2) for a period sufficient to facilitate the to— project that is located in a State or local ju- implementation of a mortgage restructuring (A) reduce the costs of current and expir- risdiction in which the Secretary determines and rental assistance sufficiency plan, as de- ing contracts for assistance under section 8 that a participating administrative entity is termined by the Secretary. of the United States Housing Act of 1937; not located, is unavailable, or does not qual- (c) TENANT RENT PROTECTION.—If the (B) address financially and physically trou- ify, the Secretary shall either— owner of a project with an expiring Federal bled projects; and (A) carry out the requirements of this title rental assistance contract does not agree to (C) correct management and ownership de- with respect to that eligible multifamily extend the contract, the Secretary shall ficiencies. housing project; or make tenant-based assistance available to (2) MULTIFAMILY HOUSING MANAGEMENT (B) contract with other qualified entities tenants residing in units assisted under the AGREEMENTS.—Each multifamily housing that meet the requirements of subsection (b), expiring contract at the time of expiration. management agreement entered into under with the exception of subsection (b)(1)(A), (d) MORTGAGE RESTRUCTURING AND RENTAL this subsection shall— the authority to carry out all or a portion of ASSISTANCE SUFFICIENCY PLAN.—Each mort- (A) be a cooperative agreement to estab- the requirements of this title with respect to gage restructuring and rental assistance suf- lish the obligations and requirements be- that eligible multifamily housing project. ficiency plan shall— tween the Secretary and the participating (4) PREFERENCE FOR STATE HOUSING FINANCE (1) except as otherwise provided, restruc- administrative entity; AGENCIES AS PARTICIPATING ADMINISTRATIVE ture the project-based assistance rents for (B) identify the eligible multifamily hous- ENTITIES.—For each State in which eligible the eligible multifamily housing property in ing projects or groups of projects for which multifamily housing projects are located, a manner consistent with subsection (e); the participating administrative entity is re- the Secretary shall give preference to the (2) require the owner or purchaser of an eli- sponsible for assisting in developing and im- housing finance agency of that State or, if a gible multifamily mortgage housing project plementing approved mortgage workout and State housing finance agency is unqualified with an expiring contract to submit to the rental assistance sufficiency plans under sec- or has declined to participate, a local hous- participating administrative entity a com- tion 104; ing agency to act as the participating admin- prehensive housing needs assessment, in ac- (C) require the participating administra- istrative entity for that State or for the ju- cordance with the information and data re- tive entity to review and certify to the accu- risdiction in which the agency located. quirements of section 403 of the Housing and racy and completeness of a comprehensive (5) STATE PORTFOLIO REQUIREMENTS.— Community Development Act of 1992, includ- needs assessment submitted by the owner of (A) IN GENERAL.—If the housing finance ing such other data, information, and re- an eligible multifamily housing project, in agency of a State is selected as the partici- quirements as the Secretary may require to accordance with the information and data pating administrative entity, that agency be included as part of the comprehensive requirements of section 403 of the Housing shall be responsible for all eligible multi- needs assessment; and Community Development Act of 1992, in- family housing projects in that State, except (3) require the owner or purchaser of the cluding such other data, information, and re- that a local housing agency selected as a project to provide or contract for competent quirements as the Secretary may require to participating administrative entity shall be management of the project;

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9598 CONGRESSIONAL RECORD — SENATE August 2, 1996 (4) require the owner or purchaser of the the Low-Income Housing Preservation and (E) other expenses determined by the par- project to take such actions as may be nec- Resident Homeownership Act of 1990 and the ticipating administrative entity to be nec- essary to rehabilitate, maintain adequate re- Multifamily Property Disposition Reform essary for the operation of the project. serves, and to maintain the project in decent Act of 1994. (g) EXEMPTIONS FROM RESTRUCTURING.— and safe condition, based on housing quality (C) PROHIBITION.—None of the funds made Subject to section 106, the Secretary shall standards established by— available under subparagraph (A) may be renew project-based assistance contracts at (A) the Secretary; or used directly or indirectly to pay for any existing rents if— (B) local housing codes or codes adopted by personal service, advertisement, telegram, (1) the project was financed through obli- public housing agencies that— telephone, letter, printed or written matter, gations such that the implementation of a (i) meet or exceed housing quality stand- or other device, intended or designed to in- mortgage restructuring and rental assist- ards established by the Secretary; and fluence in any manner a Member of Con- ance plan under this section is inconsistent (ii) do not severely restrict housing choice; gress, to favor or oppose, by vote or other- with applicable law or agreements governing (5) require the owner or purchaser of the wise, any legislation or appropriation by the such financing; project to maintain affordability and use re- Congress, whether before or after the intro- (2) in the determination of the Secretary strictions for 20 years, as the participating duction of any bill or resolution proposing or the participating administrative entity, administrative entity determines to be ap- such legislation or appropriation. the refinancing would not result in signifi- propriate, which restrictions shall be con- (f) RENT LEVELS.— cant savings to the Secretary; or sistent with the long-term physical and fi- (1) IN GENERAL.—Except as provided in (3) the project has an expiring contract nancial viability character of the project as paragraph (2), each mortgage restructuring under section 8 of the United States Housing affordable housing; and rental assistance sufficiency plan pursu- Act of 1937 but does not qualify as an eligible (6) meet subsidy layering requirements ant to the terms, conditions, and require- multifamily project pursuant to section under guidelines established by the Sec- ments of this title shall establish for units 102(6) of this title. retary; and assisted with project-based assistance in eli- SEC. 105. SECTION 8 RENEWALS AND LONG-TERM (7) require the owner or purchaser of the gible multifamily housing projects adjusted AFFORDABILITY COMMITMENT BY project to meet such other requirements as rent levels that— OWNER OF PROJECT. the Secretary determines to be appropriate. (A) are equivalent to rents derived from (a) SECTION 8 RENEWALS OF RESTRUCTURED (e) TENANT AND COMMUNITY PARTICIPATION comparable properties, if— PROJECTS.—Subject to the availability of AND CAPACITY BUILDING.— (i) the participating administrative entity amounts provided in advance in appropria- (1) PROCEDURES.— makes the rent determination not later than tions Acts, the Secretary shall enter into (A) IN GENERAL.—The Secretary shall es- 60 days after the owner submits a mortgage contracts with participating administrative tablish procedures to provide an opportunity restructuring and rental assistance suffi- entities pursuant to which the participating for tenants of the project and other affected ciency plan; and administrative entity shall offer to renew or parties, including local government and the (ii) the market rent determination is based extend an expiring section 8 contract on an community in which the project is located, on not less than 2 comparable properties; or eligible multifamily project, and the owner to participate effectively in the restruc- (B) if those rents cannot be determined, of the project shall accept the offer, provided turing process established by this title. are equal to 90 percent of the fair market the initial renewal is in accordance with the (B) CRITERIA.—These procedures shall in- rents for the relevant market area. terms and conditions specified in the mort- clude— (2) EXCEPTIONS.— gage restructuring and rental sufficiency (i) the rights to timely and adequate writ- (A) IN GENERAL.—A contract under this plan. ten notice of the proposed decisions of the section may include rent levels that exceed (b) REQUIRED COMMITMENT.—After the ini- owner or the Secretary or participating ad- the rent level described in paragraph (1) at tial renewal of a section 8 contract pursuant ministrative entity; rent levels that do not exceed 120 percent of to this section, the owner shall accept each (ii) timely access to all relevant informa- the local fair market rent if the partici- offer made pursuant to subsection (a) to tion (except for information determined to pating administrative entity— renew the contract, for a period of 20 years be proprietary under standards established (i) determines, that the housing needs of from the date of the initial renewal, if the by the Secretary); the tenants and the community cannot be offer to renew is on terms and conditions (iii) an adequate period to analyze this in- adequately addressed through implementa- specified in the mortgage restoration and formation and provide comments to the Sec- tion of the rent limitation required to be es- rental sufficiency plan. retary or participating administrative entity tablished through a mortgage restructuring SEC. 106. PROHIBITION ON RESTRUCTURING. (which comments shall be taken into consid- and rental assistance sufficiency plan under (a) PROHIBITION ON RESTRUCTURING.—The eration by the Administrator); and paragraph (1); and Secretary shall not consider any mortgage (iv) if requested, a meeting with a rep- (ii) follows the procedures under paragraph restructuring and rental assistance suffi- resentative of the Administrator and other (3). ciency plan or request for contract renewal if affected parties. (B) EXCEPTION RENTS.—In any fiscal year, a the participating administrative entity de- (2) PROCEDURES REQUIRED.—The procedures participating administrative entity may ap- termines that— established under paragraph (1) shall permit prove exception rents on not more than 20 (1) the owner or purchaser of the project tenant, local government, and community percent of all units in the geographic juris- has engaged in material adverse financial or participation in at least the following deci- diction of the entity with expiring contracts managerial actions or omissions with regard sions or plans specified in this title: in that fiscal year, except that the Secretary to this project (or with regard to other simi- (A) The Multifamily Housing Management may waive this ceiling upon a finding of spe- lar projects if the Secretary determines that Agreement. cial need in the geographic area served by those actions or omissions constitute a pat- (B) Any proposed expiration of the section the participating administrative entity. tern of mismanagement that would warrant 8 contract. (3) RENT LEVELS FOR EXCEPTION PROJECTS.— suspension or debarment by the Secretary), (C) The project’s eligibility for restruc- For purposes of this section, a project eligi- including— turing pursuant to section 106 and the mort- ble for an exception rent shall receive a rent (A) knowingly and materially violating gage restructuring and rental assistance suf- calculation on the actual and projected costs any Federal, State, or local law or regula- ficiency plan pursuant to section 104. of operating the project, at a level that pro- tion with regard to this project or any other (D) Physical inspections. vides income sufficient to support a budget- federally assisted project; (E) Capital needs and management assess- based rent that consists of— (B) knowingly and materially breaching a ments, whether before or after restructuring. (A) the debt service of the project; contract for assistance under section 8 of the (F) Any proposed transfer of the project. (B) the operating expenses of the project, United States Housing Act of 1937; (3) FUNDING.— as determined by the participating adminis- (C) knowingly and materially violating (A) IN GENERAL.—The Secretary may pro- trative entity, including— any applicable regulatory or other agree- vide not more than $10,000,000 annually in (i) contributions to adequate reserves; ment with the Secretary or a participating funding to tenant groups, nonprofit organi- (ii) the costs of maintenance and necessary administrative entity; zations, and public entities for building the rehabilitation; and (D) repeatedly failing to make mortgage capacity of tenant organizations, for tech- (iii) other eligible costs permitted under payments at times when project income was nical assistance in furthering any of the pur- section 8 of the United States Housing Act of sufficient to maintain and operate the prop- poses of this title (including transfer of de- 1937; erty; velopments to new owners) and for tenant (C) an adequate allowance for potential op- (E) materially failing to maintain the services, from those amounts made available erating losses due to vacancies and failure to property according to housing quality stand- under appropriations Acts for implementing collect rents, as determined by the partici- ards after receipt of notice and a reasonable this title. pating administrative entity; opportunity to cure; or (B) ALLOCATION.—The Secretary may allo- (D) an allowance for a reasonable rate of (F) committing any actions or omissions cate any funds made available under sub- return to the owner or purchaser of the that would warrant suspension or debarment paragraph (A) through existing technical as- project, as determined by the participating by the Secretary; sistance programs and procedures developed administrative entity, which shall not ex- (2) the owner or purchaser of the property pursuant to any other Federal law, including ceed 7 percent of the return on equity; and materially failed to follow the procedures

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9599 and requirements of this title, after receipt the number of units available for mortgage gage is assumed under the preceding sen- of notice and an opportunity to cure; or insurance under section 542 shall not apply tence. The owner shall begin repayment of (3) the poor condition of the project cannot to eligible multifamily housing projects. the second mortgage upon full payment of be remedied in a cost effective manner, as Any credit subsidy costs of providing mort- the first mortgage in equal monthly install- determined by the participating administra- gage insurance shall be paid from the Gen- ments in an amount equal to the monthly tive entity. eral Insurance Fund and the Special Risk In- principal and interest payments formerly (b) OPPORTUNITY TO DISPUTE FINDINGS.— surance Fund. paid under the first mortgage. The principal (1) IN GENERAL.—During the 30-day period (4) CREDIT ENHANCEMENT.—Any additional and interest of a second mortgage shall be beginning on the date on which the owner or State or local mortgage credit enhancements immediately due and payable upon a finding purchaser of an eligible multifamily housing and risk-sharing arrangements may be estab- by the Secretary that an owner has failed to project receives notice of a rejection under lished with State or local housing finance materially comply with this title or any re- subsection (a) or of a mortgage restructuring agencies, the Federal Housing Finance quirements of the United States Housing Act and rental assistance sufficiency plan under Board, the Federal National Mortgage Asso- of 1937 as those requirements apply to the section 104, the Secretary or participating ciation, and the Federal Home Loan Mort- applicable project. Any credit subsidy costs administrative entity shall provide that gage Corporation, to a modified first mort- of providing a second mortgage shall be paid owner or purchaser with an opportunity to gage. from the General Insurance Fund and the dispute the basis for the rejection and an op- (5) COMPENSATION OF THIRD PARTIES.—En- Special Risk Insurance Fund. portunity to cure. tering into agreements, incurring costs, or (b) ROLE OF FNMA AND FHLMC.—Section (2) AFFIRMATION, MODIFICATION, OR REVER- making payments, as may be reasonably nec- 1335 of the Federal Housing Enterprises Fi- SAL.— essary, to compensate the participation of nancial Safety and Soundness Act of 1992 (12 (A) IN GENERAL.—After providing an oppor- participating administrative entities and U.S.C. 4565) is amended— tunity to dispute under paragraph (1), the other parties in undertaking actions author- (1) in paragraph (3), by striking ‘‘and’’ at Secretary or the participating administra- ized by this title. Upon request, partici- the end; tive entity may affirm, modify, or reverse pating administrative entities shall be con- (2) paragraph (4), by striking the period at any rejection under subsection (a) or rejec- sidered to be contract administrators under the end and inserting ‘‘; and’’; tion of a mortgage restructuring and rental section 8 of the United States Housing Act of (3) by striking ‘‘To meet’’ and inserting the assistance sufficiency plan under section 104. 1937 for purposes of any contracts entered following: into as part of an approved mortgage re- (B) REASONS FOR DECISION.—The Secretary ‘‘(a) IN GENERAL.—To meet’’; and structuring and rental assistance sufficiency or the participating administrative entity, (4) by adding at the end the following: plan. as applicable, shall identify the reasons for ‘‘(5) assist in maintaining the affordability (6) RESIDUAL RECEIPTS.—Applying any ac- any final decision under this paragraph. of assisted units in eligible multifamily quired residual receipts to maintain the (C) REVIEW PROCESS.—The Secretary shall housing projects with expiring contracts, as long-term affordability and physical condi- establish an administrative review process to defined under the Multifamily Assisted tion of the property. The participating ad- appeal any final decision under this para- Housing Reform and Affordability Act of ministrative entity may expedite the acqui- graph. 1996. sition of residual receipts by entering into (c) FINAL DETERMINATION.—Any final de- agreements with owners of housing covered ‘‘(b) AFFORDABLE HOUSING GOALS.—Actions termination under this section shall not be by an expiring contract to provide an owner taken under subsection (a)(5) shall con- subject to judicial review. with a share of the receipts, not to exceed 10 stitute part of the contribution of each enti- (d) DISPLACED TENANTS.—Subject to the percent. ty in meeting their affordable housing goals availability of amounts provided in advance (7) REHABILITATION NEEDS.—Assisting in under sections 1332, 1333, and 1334 for any fis- in appropriations Acts, for any low-income addressing the necessary rehabilitation cal year, as determined by the Secretary.’’. tenant that is residing in a project or receiv- needs of the project, except that assistance (c) PROHIBITION ON EQUITY SHARING BY THE ing assistance under section 8 of the United under this paragraph shall not exceed the SECRETARY.—The Secretary is prohibited States Housing Act of 1937 at the time of re- equivalent of $5,000 per unit for those units from participating in any equity agreement jection under this section, that tenant shall covered with project-based assistance. Reha- or profit-sharing agreement in conjunction be provided with tenant-based assistance and bilitation may be paid from the provision of with any eligible multifamily housing reasonable moving expenses, as determined grants from residual receipts or, as provided project. by the Secretary. in appropriations Acts, from budget author- SEC. 108. SHARED SAVINGS INCENTIVE. (e) TRANSFER OF PROPERTY.—For prop- ity provided for increases in the budget au- (a) IN GENERAL.—At the time a partici- erties disqualified from the consideration of thority for assistance contracts under sec- pating administrative entity is designated, a mortgage restructuring and rental assist- tion 8 of the United States Housing Act of the Secretary shall negotiate an incentive ance sufficiency plan under this section be- 1937, or through the debt restructuring trans- agreement with the participating adminis- cause of actions by an owner or purchaser in action. Each owner that receives rehabilita- trative entity, which agreement may provide accordance with paragraph (1) or (2) of sub- tion assistance shall contribute not less than such entity with a share of savings from any section (a), the Secretary shall establish pro- 25 percent of the amount of rehabilitation restructured mortgage and reduced subsidies cedures to facilitate the voluntary sale or assistance received. resulting from actions under section 107. The transfer of a property as part of a mortgage (8) MORTGAGE RESTRUCTURING.—Restruc- Secretary shall negotiate with participating restructuring and rental assistance suffi- turing mortgages to provide a structured administrative entities a savings incentive ciency plan, with a preference for tenant or- first mortgage to cover rents at levels that formula that provides for periodic payments ganizations and tenant-endorsed community- are established in section 104(f) and a second over a 5-year period, which is allocated as in- based nonprofit and public agency pur- mortgage equal to the difference between the centives to participating administrative en- chasers meeting such reasonable qualifica- restructured first mortgage and the mort- tities and to project owners. tions as may be established by the Sec- gage balance of the eligible multifamily retary. (b) USE OF SAVINGS.—Notwithstanding any housing project at the time of restructuring. other provision of law, the incentive agree- SEC. 107. RESTRUCTURING TOOLS. The second mortgage shall bear interest at a ment under subsection (a) shall require any (a) RESTRUCTURING TOOLS.—For purposes of rate not to exceed the applicable Federal savings provided to a participating adminis- this title, and to the extent these actions are rate for a term not to exceed 40 years. If the trative entity under that agreement to be consistent with this section, an approved first mortgage remains outstanding, pay- used only for providing decent, safe, and af- mortgage restructuring and assistance suffi- ments of interest and principal on the second fordable housing for very low-income fami- ciency plan may include one or more of the mortgage shall be made from all excess lies and persons with a priority for eligible following: project income only after the payment of all multifamily housing projects; and (1) FULL OR PARTIAL PAYMENT OF CLAIM.— reasonable and necessary operating expenses Making a full payment of claim or partial (including deposits in a reserve for replace- SEC. 109. MANAGEMENT STANDARDS. payment of claim under section 541(b) of the ment), debt service on the first mortgage, Each participating administrative entity National Housing Act. and such other expenditures as may be ap- shall establish and implement management (2) REFINANCING OF DEBT.—Refinancing of proved by the Secretary. Except as required standards, including requirements governing all or part of the debt on a project, if the re- by the preceding sentence, during the period conflicts of interest between owners, man- financing would result in significant subsidy in which the first mortgage remains out- agers, contractors with an identity of inter- savings under section 8 of the United States standing, no payments of interest or prin- est, pursuant to guidelines established by Housing Act of 1937. cipal shall be required on the second mort- the Secretary and consistent with industry (3) MORTGAGE INSURANCE.—Providing FHA gage. The second mortgage shall be assum- standards. multifamily mortgage insurance, reinsur- able by any subsequent purchaser of any SEC. 110. MONITORING OF COMPLIANCE. ance or other credit enhancement alter- multifamily housing project, pursuant to (a) COMPLIANCE AGREEMENTS.—Pursuant to natives, including multifamily risk-sharing guidelines established by the Secretary. The regulations issued by the Secretary after mortgage programs, as provided under sec- principal and accrued interest due under the public notice and comment, each partici- tion 542 of the Housing and Community De- second mortgage shall be fully payable upon pating administrative entity, through bind- velopment Act of 1992. Any limitations on disposition of the property, unless the mort- ing contractual agreements with owners and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9600 CONGRESSIONAL RECORD — SENATE August 2, 1996 otherwise, shall ensure long-term compli- United States Code, the Secretary shall im- Subtitle A—FHA Single Family and ance with the provisions of this title. Each plement final regulations implementing this Multifamily Housing agreements shall, at a minimum, provide title. SEC. 211. AUTHORIZATION TO IMMEDIATELY SUS- for— (b) REPEAL OF FHA MULTIFAMILY HOUSING PEND MORTGAGEES. (1) enforcement of the provisions of this DEMONSTRATION AUTHORITY.— Section 202(c)(3)(C) of the National Hous- title; and (1) IN GENERAL.—Beginning upon the expi- ing Act (12 U.S.C. 1708(c)(3)(C)) is amended by (2) remedies for the breach of those provi- ration of the 6-month period beginning on inserting after the first sentence the fol- sions. the date of enactment of this Act, the Sec- lowing new sentence: ‘‘Notwithstanding (b) PERIODIC MONITORING.— retary may not exercise any authority or paragraph (4)(A), a suspension shall be effec- (1) IN GENERAL.—Not less than annually, take any action under section 210 of the Bal- tive upon issuance by the Board if the Board each participating administrative entity anced Budget Down Payment Act, II. determines that there exists adequate evi- shall review the status of all multifamily (2) UNUSED BUDGET AUTHORITY.—Any un- dence that immediate action is required to housing projects for which a mortgage re- used budget authority under section 210(f) of protect the financial interests of the Depart- structuring and rental assistance sufficiency the Balanced Budget Down Payment Act, II, ment or the public.’’. plan has been implemented. shall be available for taking actions under SEC. 212. EXTENSION OF EQUITY SKIMMING TO (2) INSPECTIONS.—Each review under this the requirements established through regula- OTHER SINGLE FAMILY AND MULTI- subsection shall include onsite inspection to tions issued under subsection (a). FAMILY HOUSING PROGRAMS. determine compliance with housing codes SEC. 114. TECHNICAL AND CONFORMING AMEND- Section 254 of the National Housing Act (12 and other requirements as provided in this MENTS. U.S.C. 1715z–19) is amended to read as fol- title and the multifamily housing manage- (a) CALCULATION OF LIMIT ON PROJECT- lows: ment agreements. BASED ASSISTANCE.—Section 8(d) of the ‘‘SEC. 254. EQUITY SKIMMING PENALTY. (c) AUDIT BY THE SECRETARY.—The Comp- United States Housing Act of 1937 (42 U.S.C. troller General of the United States, the Sec- ‘‘(a) IN GENERAL.—Whoever, as an owner, 1437f(d)) is amended by adding at the end the agent, or manager, or who is otherwise in retary, and the Inspector General of the De- following new paragraph: partment of Housing and Urban Development custody, control, or possession of a multi- ‘‘(5) CALCULATION OF LIMIT.—Any contract family project or a 1- to 4-family residence may conduct an audit at any time of any entered into under section 104 of the Multi- multifamily housing project for which a that is security for a mortgage note that is family Assisted Housing Reform and Afford- described in subsection (b), willfully uses or mortgage restructuring and rental assist- ability Act of 1996 shall be excluded in com- ance sufficiency plan has been implemented. authorizes the use of any part of the rents, puting the limit on project-based assistance assets, proceeds, income, or other funds de- SEC. 111. REVIEW. under this subsection.’’. rived from property covered by that mort- (a) ANNUAL REVIEW.—In order to ensure (b) PARTIAL PAYMENT OF CLAIMS ON MULTI- gage note for any purpose other than to meet compliance with this title, the Secretary FAMILY HOUSING PROJECTS.—Section 541 of reasonable and necessary expenses that in- shall conduct an annual review and report to the National Housing Act (12 U.S.C. 1735f–19) clude expenses approved by the Secretary if the Congress on actions taken under this is amended— such approval is required, in a period during title and the status of eligible multifamily (1) in subsection (a), in the subsection which the mortgage note is in default or the housing projects. heading, by striking ‘‘AUTHORITY’’ and in- project is in a nonsurplus cash position, as (b) SUBSIDY LAYERING REVIEW.—The par- serting ‘‘DEFAULTED MORTGAGES’’; defined by the regulatory agreement cov- ticipating administrative entity shall cer- (2) by redesignating subsection (b) as sub- ering the property, or the mortgagor has tify, pursuant to guidelines issued by the section (c); and failed to comply with the provisions of such Secretary, that the requirements of section (3) by inserting after subsection (a) the fol- other form of regulatory control imposed by 102(d) of the Department of Housing and lowing new subsection: the Secretary, shall be fined not more than Urban Development Reform Act of 1989 are ‘‘(b) EXISTING MORTGAGES.—Notwith- $500,000, imprisoned not more than 5 years, satisfied so that the combination of assist- standing any other provision of law, the Sec- or both. ance provided in connection with a property retary, in connection with a mortgage re- ‘‘(b) MORTGAGE NOTES DESCRIBED.—For for which a mortgage is to be restructured structuring under section 104 of the Multi- purposes of subsection (a), a mortgage note shall not be any greater than is necessary to family Assisted Housing Reform and Afford- is described in this subsection if it— provide affordable housing. ability Act of 1996, may make a one time, ‘‘(1) is insured, acquired, or held by the SEC. 112. GAO AUDIT AND REVIEW. nondefault partial payment of the claim Secretary pursuant to this Act; (a) INITIAL AUDIT.—Not later than 18 under the mortgage insurance contract, ‘‘(2) is made pursuant to section 202 of the months after the effective date of interim or which shall include a determination by the Housing Act of 1959 (including property still final regulations promulgated under this Secretary or the participating administra- subject to section 202 program requirements title, the Comptroller General of the United tive entity, in accordance with the Multi- that existed before the date of enactment of States shall conduct an audit to evaluate a family Assisted Housing Reform and Afford- the Cranston-Gonzalez National Affordable representative sample of all eligible multi- ability Act of 1996, of the market value of Housing Act); or family housing projects and the implementa- the project and a restructuring of the mort- ‘‘(3) is insured or held pursuant to section tion of all mortgage restructuring and rental gage, under such terms and conditions as the 542 of the Housing and Community Develop- assistance sufficiency plans. Secretary may establish.’’. ment Act of 1992, but is not reinsured under (b) REPORT.— SEC. 115. TERMINATION OF AUTHORITY. section 542 of the Housing and Community (1) IN GENERAL.—Not later than 18 months (a) IN GENERAL.—Except as provided in Development Act of 1992.’’. after the audit conducted under subsection subsection (b), this title is repealed effective (a), the Comptroller General of the United SEC. 213. CIVIL MONEY PENALTIES AGAINST October 1, 2001. MORTGAGEES, LENDERS, AND States shall submit to the Congress a report (b) EXCEPTION.—The repeal under this sec- OTHER PARTICIPANTS IN FHA PRO- on the status of all eligible multifamily tion does not apply with respect to projects GRAMS. housing projects and the implementation of and programs for which binding commit- (a) CHANGE TO SECTION TITLE.—Section 536 all mortgage restructuring and rental assist- ments have been entered into before October of the National Housing Act (12 U.S.C. 1735f– ance sufficiency plans. 1, 2001. 14) is amended by striking the section head- (2) CONTENTS.—The report submitted under ing and the section designation and inserting TITLE II—ENFORCEMENT PROVISIONS paragraph (1) shall include— the following: (A) a description of the initial audit con- SEC. 201. IMPLEMENTATION. ‘‘SEC. 536. CIVIL MONEY PENALTIES AGAINST ducted under subsection (a); and (a) ISSUANCE OF NECESSARY REGULATIONS.— MORTGAGEES, LENDERS, AND (B) recommendations for any legislative Notwithstanding section 7(o) of the Depart- OTHER PARTICIPANTS IN FHA PRO- action to increase the financial savings to ment of Housing and Urban Development Act GRAMS.’’. the Federal Government of the restructuring or part 10 of title 24, Code of Federal Regula- (b) EXPANSION OF PERSONS ELIGIBLE FOR of eligible multifamily housing projects bal- tions (as in existence on the date of enact- PENALTY.—Section 536(a) of the National anced with the continued availability of the ment of this Act), the Secretary shall issue Housing Act (12 U.S.C. 1735f–14(a)) is amend- maximum number of affordable low-income such regulations as the Secretary determines ed— housing units. to be necessary to implement this title and (1) in paragraph (1), by striking the first SEC. 113. REGULATIONS. the amendments made by this title in ac- sentence and inserting the following: ‘‘If a (a) RULEMAKING AND IMPLEMENTATION.— cordance with section 552 or 553 of title 5, mortgagee approved under the Act, a lender The Secretary shall issue interim regula- United States Code, as determined by the holding a contract of insurance under title I tions necessary to implement this title not Secretary. of this Act, or a principal, officer, or em- later than the expiration of the 6-month pe- (b) USE OF EXISTING REGULATIONS.—In im- ployee of such mortgagee or lender, or other riod beginning on the date of enactment of plementing any provision of this title, the person or entity participating in either an this Act. Not later than 1 year after the date Secretary may, in the discretion of the Sec- insured mortgage or title I loan transaction of enactment of this Act, in accordance with retary, provide for the use of existing regula- under this Act or providing assistance to the the negotiated rulemaking procedures set tions to the extent appropriate, without borrower in connection with any such loan, forth in subchapter III of chapter 5 of title 5, rulemaking. including sellers of the real estate involved,

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borrowers, closing agents, title companies, (2) in subsection (c)— CORPORATE MORTGAGORS, AND CERTAIN MAN- real estate agents, mortgage brokers, ap- (A) by striking the subsection heading and AGING AGENTS’’; and praisers, loan correspondents and dealers, inserting the following: (7) by adding at the end the following new knowingly and materially violates any appli- ‘‘(c) OTHER VIOLATIONS.—’’; and subsection: cable provision of subsection (b), the Sec- (B) in paragraph (1)— ‘‘(k) IDENTITY OF INTEREST MANAGING retary may impose a civil money penalty on (i) by striking ‘‘VIOLATIONS.—The Sec- AGENT.—For purposes of this section, the the mortgagee or lender, or such other per- retary may’’ and all that follows through the terms ‘agent employed to manage the prop- son or entity, in accordance with this sec- colon and inserting the following: erty that has an identity of interest’ and tion. The penalty under this paragraph shall ‘‘(A) LIABLE PARTIES.—The Secretary may ‘identity of interest agent’ mean an entity— be in addition to any other available civil also impose a civil money penalty under this ‘‘(1) that has management responsibility remedy or any available criminal penalty, section on— for a project; and may be imposed whether or not the Sec- ‘‘(i) any mortgagor of a property that in- ‘‘(2) in which the ownership entity, includ- retary imposes other administrative sanc- cludes five or more living units and that has ing its general partner or partners (if appli- tions.’’; and a mortgage insured, coinsured, or held pursu- cable) and its officers or directors (if applica- (2) in paragraph (2)— ant to this Act; ble), has an ownership interest; and (A) in the first sentence, by inserting ‘‘or ‘‘(ii) any general partner of a partnership ‘‘(3) over which the ownership entity exerts such other person or entity’’ after ‘‘lender’’; mortgagor of such property; effective control.’’. and ‘‘(iii) any officer or director of a corporate (b) IMPLEMENTATION.— (B) in the second sentence, by striking mortgagor; (1) PUBLIC COMMENT.—The Secretary shall ‘‘provision’’ and inserting ‘‘the provisions’’. ‘‘(iv) any agent employed to manage the implement the amendments made by this (c) ADDITIONAL VIOLATIONS FOR MORTGA- property that has an identity of interest section by regulation issued after notice and GEES, LENDERS, AND OTHER PARTICIPANTS IN with the mortgagor, with the general part- opportunity for public comment. The notice FHA PROGRAMS.—Section 536(b) of the Na- ner of a partnership mortgagor, or with any shall seek comments primarily as to the tional Housing Act (12 U.S.C. 1735f–14(b)) is officer or director of a corporate mortgagor definitions of the terms ‘ownership interest amended— of such property; or in’ and ‘effective control’, as those terms are (1) by redesignating paragraph (2) as para- ‘‘(v) any member of a limited liability used in the definition of the terms ‘agent graph (3); company that is the mortgagor of such prop- employed to manage the property that has (2) by inserting after paragraph (1) the fol- erty or is the general partner of a limited an identity of interest’ and ‘identity of inter- lowing new paragraph: partnership mortgagor or is a partner of a est agent’. ‘‘(2) The Secretary may impose a civil general partnership mortgagor. (2) TIMING.—A proposed rule implementing money penalty under subsection (a) for any ‘‘(B) VIOLATIONS.—A penalty may be im- the amendments made by this section shall knowing and material violation by a prin- posed under this section upon any liable be published not later than one year after cipal, officer, or employee of a mortgagee or party under subparagraph (A) that know- the date of enactment of this Act. lender, or other participants in either an in- ingly and materially takes any of the fol- (c) APPLICABILITY OF AMENDMENTS.—The sured mortgage or title I loan transaction lowing actions:’’; amendments made by subsection (a) shall under this Act or provision of assistance to (ii) in subparagraph (B), as designated by apply only with respect to— (1) violations that occur on or after the ef- the borrower in connection with any such clause (i), by redesignating the subparagraph fective date of the final regulations imple- loan, including sellers of the real estate in- designations (A) through (L) as clauses (i) menting the amendments made by this sec- volved, borrowers, closing agents, title com- through (xii), respectively; tion; and panies, real estate agents, mortgage brokers, (iii) by adding after clause (xii), as redesig- (2) in the case of a continuing violation (as appraisers, loan correspondents, and dealers nated by clause (ii), the following new determined by the Secretary of Housing and for— clauses: Urban Development), any portion of a viola- ‘‘(A) submission to the Secretary of infor- ‘‘(xiii) Failure to maintain the premises, tion that occurs on or after that date. mation that was false, in connection with accommodations, any living unit in the any mortgage insured under this Act, or any project, and the grounds and equipment ap- SEC. 221. CIVIL MONEY PENALTIES FOR NON- purtenant thereto in good repair and condi- COMPLIANCE WITH SECTION 8 HAP loan that is covered by a contract of insur- CONTRACTS. ance under title I of this Act; tion in accordance with regulations and re- quirements of the Secretary, except that (a) BASIC AUTHORITY.—Title I of the United ‘‘(B) falsely certifying to the Secretary or States Housing Act of 1937 is amended by nothing in this clause shall have the effect of submitting to the Secretary a false certifi- adding at the end the following new section: cation by another person or entity; or altering the provisions of an existing regu- latory agreement or federally insured mort- ‘‘SEC. 27. CIVIL MONEY PENALTIES AGAINST SEC- ‘‘(C) failure by a loan correspondent or TION 8 OWNERS. gage on the property. dealer to submit to the Secretary informa- ‘‘(a) IN GENERAL.— ‘‘(xiv) Failure, by a mortgagor, a general tion which is required by regulations or di- ‘‘(1) EFFECT ON OTHER REMEDIES.—The pen- partner of a partnership mortgagor, or an of- rectives in connection with any loan that is alties set forth in this section shall be in ad- ficer or director of a corporate mortgagor, to covered by a contract of insurance under dition to any other available civil remedy or provide management for the project that is title I of this Act.’’; and any available criminal penalty, and may be acceptable to the Secretary pursuant to reg- (3) in paragraph (3), as redesignated, by imposed regardless of whether the Secretary striking ‘‘or paragraph (1)(F)’’ and inserting ulations and requirements of the Sec- imposes other administrative sanctions. retary.’’; and ‘‘or (F), or paragraph (2)(A), (B), or (C)’’. ‘‘(2) FAILURE OF SECRETARY.—The Sec- (d) CONFORMING AND TECHNICAL AMEND- (iv) in the last sentence, by deleting ‘‘of retary may not impose penalties under this MENTS.—Section 536 of the National Housing such agreement’’ and inserting ‘‘of this sub- section for a violation, if a material cause of Act (12 U.S.C. 1735f–14) is amended— section’’; the violation is the failure of the Secretary, (1) in subsection (c)(1)(B), by inserting (3) in subsection (d)— an agent of the Secretary, or a public hous- after ‘‘lender’’ the following: ‘‘or such other (A) in paragraph (1)(B), by inserting after ing agency to comply with an existing agree- person or entity’’; ‘‘mortgagor’’ the following: ‘‘, general part- ment. (2) in subsection (d)(1)— ner of a partnership mortgagor, officer or di- ‘‘(b) VIOLATIONS OF HOUSING ASSISTANCE (A) by inserting ‘‘or such other person or rector of a corporate mortgagor, or identity PAYMENT CONTRACTS FOR WHICH PENALTY entity’’ after ‘‘lender’’; and of interest agent employed to manage the MAY BE IMPOSED.— (B) by striking ‘‘part 25’’ and inserting property’’; and ‘‘(1) LIABLE PARTIES.—The Secretary may ‘‘parts 24 and 25’’; and (B) by adding at the end the following new impose a civil money penalty under this sec- (3) in subsection (e), by inserting ‘‘or such paragraph: tion on— other person or entity’’ after ‘‘lender’’ each ‘‘(5) PAYMENT OF PENALTY.—No payment of ‘‘(A) any owner of a property receiving place that term appears. a civil money penalty levied under this sec- project-based assistance under section 8; tion shall be payable out of project income.’’; Subtitle B—FHA Multifamily ‘‘(B) any general partner of a partnership (4) in subsection (e)(1), by deleting ‘‘a owner of that property; and SEC. 220. CIVIL MONEY PENALTIES AGAINST GEN- mortgagor’’ and inserting ‘‘an entity or per- ERAL PARTNERS, OFFICERS, DIREC- ‘‘(C) any agent employed to manage the TORS, AND CERTAIN MANAGING son’’; property that has an identity of interest AGENTS OF MULTIFAMILY (5) in subsection (f), by inserting after with the owner or the general partner of a PROJECTS. ‘‘mortgagor’’ each place such term appears partnership owner of the property. (a) CIVIL MONEY PENALTIES AGAINST MULTI- the following: ‘‘, general partner of a part- ‘‘(2) VIOLATIONS.—A penalty may be im- FAMILY MORTGAGORS.—Section 537 of the Na- nership mortgagor, officer or director of a posed under this section for a knowing and tional Housing Act (12 U.S.C. 1735f–15) is corporate mortgagor, or identity of interest material breach of a housing assistance pay- amended— agent employed to manage the property’’; ments contract, including the following— (1) in subsection (b)(1), by striking ‘‘on (6) by striking the heading of subsection (f) ‘‘(A) failure to provide decent, safe, and that mortgagor’’ and inserting the following: and inserting the following: ‘‘CIVIL MONEY sanitary housing pursuant to section 8; or ‘‘on that mortgagor, on a general partner of PENALTIES AGAINST MULTIFAMILY MORTGA- ‘‘(B) knowing or willful submission of false, a partnership mortgagor, or on any officer or GORS, GENERAL PARTNERS OF PARTNERSHIP fictitious, or fraudulent statements or re- director of a corporate mortgagor’’; MORTGAGORS, OFFICERS AND DIRECTORS OF quests for housing assistance payments to

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the Secretary or to any department or agen- ‘‘(2) NONREVIEWABILITY OF DETERMINATION it existed before enactment of the Cranston- cy of the United States. OR ORDER.—In an action under this sub- Gonzalez National Affordable Housing Act of ‘‘(3) AMOUNT OF PENALTY.—The amount of a section, the validity and appropriateness of 1990); (C) a regulatory agreement or such penalty imposed for a violation under this the determination or order of the Secretary other form of regulatory control as may be subsection, as determined by the Secretary, imposing the penalty shall not be subject to imposed by the Secretary that applies to may not exceed $25,000 per violation. review. mortgages insured or held by the Secretary ‘‘(c) AGENCY PROCEDURES.— ‘‘(f) SETTLEMENT BY SECRETARY.—The Sec- under section 542 of the Housing and Commu- ‘‘(1) ESTABLISHMENT.—The Secretary shall retary may compromise, modify, or remit nity Development Act of 1992, but not rein- issue regulations establishing standards and any civil money penalty which may be, or sured under section 542 of the Housing and procedures governing the imposition of civil has been, imposed under this section. Community Development Act of 1992; or money penalties under subsection (b). These ‘‘(g) DEPOSIT OF PENALTIES.— (D)’’; and standards and procedures— ‘‘(1) IN GENERAL.—Notwithstanding any (B) in the second sentence, by inserting ‘‘(A) shall provide for the Secretary or other provision of law, if the mortgage cov- after ‘‘agreement’’ the following: ‘‘, or such other department official to make the deter- ering the property receiving assistance under other form of regulatory control as may be mination to impose the penalty; section 8 is insured or formerly insured by imposed by the Secretary,’’; ‘‘(B) shall provide for the imposition of a the Secretary, the Secretary shall apply all (2) in subsection (a)(2), by inserting after penalty only after the liable party has re- civil money penalties collected under this ‘‘Act,’’ the following: ‘‘under section 202 of ceived notice and the opportunity for a hear- section to the appropriate insurance fund or the Housing Act of 1959 (including section 202 ing on the record; and funds established under this Act, as deter- of such Act as it existed before enactment of ‘‘(C) may provide for review by the Sec- mined by the Secretary. the Cranston-Gonzalez National Affordable retary of any determination or order, or in- ‘‘(2) EXCEPTION.—Notwithstanding any Housing Act of 1990) and under section 542 of terlocutory ruling, arising from a hearing other provision of law, if the mortgage cov- the Housing and Community Development and judicial review, as provided under sub- ering the property receiving assistance under Act of 1992,’’; section (d). section 8 is neither insured nor formerly in- (3) in subsection (b), by inserting after ‘‘(2) FINAL ORDERS.— sured by the Secretary, the Secretary shall ‘‘agreement’’ the following: ‘‘, or such other ‘‘(A) IN GENERAL.—If a hearing is not re- make all civil money penalties collected form of regulatory control as may be im- quested before the expiration of the 15-day under this section available for use by the posed by the Secretary,’’; period beginning on the date on which the appropriate office within the Department for (4) in subsection (c)— notice of opportunity for hearing is received, administrative costs related to enforcement (A) in the first sentence, by inserting after the imposition of a penalty under subsection of the requirements of the various programs ‘‘agreement’’ the following: ‘‘, or such other (b) shall constitute a final and unappealable administered by the Secretary. form of regulatory control as may be im- ‘‘(h) DEFINITIONS.—For the purposes of this determination. posed by the Secretary,’’; and section— ‘‘(B) EFFECT OF REVIEW.—If the Secretary (B) in the second sentence, by inserting be- ‘‘(1) the term ‘agent employed to manage reviews the determination or order, the Sec- fore the period the following: ‘‘or under the the property that has an identity of interest’ retary may affirm, modify, or reverse that Housing Act of 1959, as appropriate’’; and means an entity— determination or order. (5) in subsection (d), by inserting after ‘‘(A) that has management responsibility ‘‘(C) FAILURE TO REVIEW.—If the Secretary ‘‘agreement’’ the following: ‘‘, or such other for a project; does not review that determination or order form of regulatory control as may be im- ‘‘(B) in which the ownership entity, includ- before the expiration of the 90-day period be- posed by the Secretary,’’. ing its general partner or partners (if appli- ginning on the date on which the determina- SEC. 223. OBSTRUCTION OF FEDERAL AUDITS. cable), has an ownership interest; and tion or order is issued, the determination or Section 1516(a) of title 18, United States ‘‘(C) over which such ownership entity ex- order shall be final. Code, is amended by inserting after ‘‘under a erts effective control; and ‘‘(3) FACTORS IN DETERMINING AMOUNT OF contract or subcontract,’’ the following: ‘‘or ‘‘(2) the term ‘knowing’ means having ac- PENALTY.—In determining the amount of a relating to any property that is security for tual knowledge of or acting with deliberate penalty under subsection (b), the Secretary a mortgage note that is insured, guaranteed, ignorance of or reckless disregard for the shall take into consideration— acquired, or held by the Secretary of Hous- prohibitions under this section.’’. ‘‘(A) the gravity of the offense; (b) APPLICABILITY.—The amendments made ing and Urban Development pursuant to any ‘‘(B) any history of prior offenses by the vi- by subsection (a) shall apply only with re- Act administered by the Secretary,’’. olator (including offenses occurring before spect to— the enactment of this section); (1) violations that occur on or after the ef- SUMMARY OF THE MULTIFAMILY ASSISTED ‘‘(C) the ability of the violator to pay the fective date of final regulations imple- HOUSING REFORM AND AFFORDABILITY ACT penalty; menting the amendments made by this sec- OF 1996 ‘‘(D) any injury to tenants; tion; and Restructures the oversubsidized portfolio ‘‘(E) any injury to the public; (2) in the case of a continuing violation (as and reduces Section 8 subsidy costs while ‘‘(F) any benefits received by the violator determined by the Secretary of Housing and maintaining the affordable housing stock. as a result of the violation; Urban Development), any portion of a viola- Projects with subsidy contract rents above ‘‘(G) deterrence of future violations; and tion that occurs on or after such date. the fair market rent would be restructured ‘‘(H) such other factors as the Secretary (c) IMPLEMENTATION.— in a manner that would reduce the rents by may establish by regulation. (1) REGULATIONS.— restructuring the underlying debt. Rents ‘‘(4) PAYMENT OF PENALTY.—No payment of (A) IN GENERAL.—The Secretary shall im- would be ‘‘marked’’ to comparable market a civil money penalty levied under this sec- plement the amendments made by this sec- rents where comparable properties exist or tion shall be payable out of project income. tion by regulation issued after notice and op- at 90 percent of fair market rents (FMR) if ‘‘(d) JUDICIAL REVIEW OF AGENCY DETER- portunity for public comment. comparable properties do not exist. MINATION.—Judicial review of determinations (B) COMMENTS SOUGHT.—The notice under In some cases (such as properties that pro- made under this section shall be carried out subparagraph (A) shall seek comments as to vide special services to elderly and disabled in accordance with section 537(e) of the Na- the definitions of the terms ‘‘ownership in- households or because of the local market tional Housing Act. terest in’’ and ‘‘effective control’’, as such rent conditions), even if debt is restructured, ‘‘(e) REMEDIES FOR NONCOMPLIANCE.— terms are used in the definition of the term setting rents at comparable market rent lev- ‘‘(1) JUDICIAL INTERVENTION.— ‘‘agent employed to manage such property els of 90 percent of FMR may be inadequate ‘‘(A) IN GENERAL.—If a person or entity that has an identity of interest’’. to cover the costs of operation. In these fails to comply with the determination or (2) TIMING.—A proposed rule implementing cases, a budget-based process would be used order of the Secretary imposing a civil the amendments made by this section shall to set rents at the minimum level necessary money penalty under subsection (b), after be published not later than one year after to support proper operations and mainte- the determination or order is no longer sub- the date of enactment of this Act. nance costs. ject to review as provided by subsections (c) SEC. 222. EXTENSION OF DOUBLE DAMAGES REM- Screens out troubled multifamily prop- and (d), the Secretary may request the At- EDY. erties and noncompliant owners. Nonviable torney General of the United States to bring Section 421 of the Housing and Community housing projects and bad owners would be an action in an appropriate United States Development Act of 1987 (12 U.S.C. 1715z–4a) screened out from the renewal and debt re- district court to obtain a monetary judg- is amended— structuring process. Community and resi- ment against that person or entity and such (1) in subsection (a)(1)— dent involvement would be used in resolving other relief as may be available. (A) in the first sentence, by striking ‘‘Act; these problems. Potential outcomes could in- ‘‘(B) FEES AND EXPENSES.—Any monetary or (B)’’ and inserting the following: ‘‘Act; (B) clude demolition or change of ownership to judgment awarded in an action brought a regulatory agreement that applies to a other entities including nonprofits. Alter- under this paragraph may, in the discretion multifamily project whose mortgage is in- native housing would be provided to affected of the court, include the attorney’s fees and sured or held by the Secretary under section residents in cases of demolition. Stronger other expenses incurred by the United States 202 of the Housing Act of 1959 (including FHA and Section 8 enforcement authorities in connection with the action. property subject to section 202 of such Act as would also be provided to address troubled

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9603 properties and bad owners. In addition, financial exposure of the FHA multi- addition, the cost of renewing the sec- stronger enforcement remedies would be an family housing insurance fund for tion 8 project-based contracts will grow integral part of all restructuring trans- FHA-insured section 8 projects, and from $1.2 billion in fiscal year 1997 to actions, to ensure that restructured prop- preserving, to the maximum extent almost $4 billion in fiscal year 2000, and erties would continue to provide high quality to some $8 billion in 10 years. affordable housing. possible, the section 8 project-based Recapitalizes the assisted stock that suffer housing stock for very-low- and low-in- Since the HUD appropriations ac- from deferred maintenance. In some cases, come families. count cannot sustain these exploding recapitalization is needed to address deferred I congratulate Senators D’AMATO, costs, this legislation is intended to be maintenance for properties under portfolio MACK, and BENNETT for their contribu- a comprehensive response which will restructuring. Rehabilitation grants or deep- tion and commitment to this com- reduce the financial cost and exposure er debt writedowns would be used. prehensive legislation, as well as their to the Federal Government and pre- Utilizes capable public entities to restruc- commitment to finding a bipartisan serve this valuable housing resource. ture portfolio and recognizes HUD’s limited The Senate bill would generally pre- capacity. Portfolio restructuring is being un- approach to the many difficult issues associated with the renewal of over serve this low-income housing by using dertaken to reform and improve the pro- various tools to restructure these mul- grams from a financial and operating per- subsidized section 8 project-based con- spective, but not to abandon the long-term tracts. This legislation is a meaningful tifamily housing mortgages to the commitment to resident protection and on- step in developing a reasonable policy market value of the housing with re- going affordability. As a result, balancing toward the concerns raised by these ex- sulting reductions in section 8 costs. the fiscal goals of reducing costs with the piring section 8 project-based con- I also am troubled by some of the other section 8 mark-to-market pro- public policy goals of maintaining affordable tracts. housing requires an intermediary account- Over the last 25 years, a number of posals being promoted, including the able to the public interest. With HUD’s ac- position taken by HUD which, in gen- knowledged lack of capacity to address these HUD programs were established for the construction of affordable, low-income eral, opposes preserving this housing as issues, public intermediaries that have dem- FHA-insured or as assisted through housing by providing FHA mortgage onstrated expertise in affordable housing and section 8 project-based assistance, in- insurance while financing the cost of responsible management would be selected. cluding the elderly assisted housing, in State housing finance agencies would be the housing through section 8 project- favor of vouchers. This position is very given a priority in acting as Participating based housing assistance. Currently, questionable, and I emphasize that it is Administrative Entities (PAE). Incentives there are some 8,500 projects with al- widely opposed by the housing industry would be negotiated with the PAEs to pro- most 1 million units that are both tect the financial interests of the Federal and tenant groups and advocates. Government. FHA-insured and whose debt service is I highlight the underlying principles Addresses the tax issues facing debt re- almost totally dependent on rental as- of the bill which would authorize the structuring. Under current tax law, debt re- sistance payments made under section establishing of participating adminis- structuring could result in the triggering of 8 project-based contracts. Most of these trative entities [PAE’s] which would a large income tax liability on the owners/in- projects serve very-low-income fami- generally be a public agency, with a vestors without generating sufficient cash lies, with approximately 37 percent of first preference that a PAE be a State with which the owners/investors could pay the stock serving elderly families. the tax. As a result, a tax solution is needed housing finance agency or, second, a The crisis facing this housing stock local housing agency. These entities to avoid resistance and delays from owners is that the section 8 project-based and investors. Debt restructuring results in would be contracted by HUD to develop an event that reduces the outstanding mort- housing assistance was initially budg- work-out plans in conjunction with gage that is owed by the owners and inves- eted and appropriated through 15- and owners of FHA-insured projects with tors. This reduction in the mortgage amount 20-year section 8 project-based con- expiring, oversubsidized section 8 con- will result in a tax liability—referred to as tracts that are now expiring and for tracts. Each PAE would develop mort- ‘‘cancellation of indebtedness’’ or COD. COD which contract renewal is prohibitively gage restructuring and rental assist- is generally treated as ordinary taxable in- expensive. For example, at least 75 per- come under the Internal Revenue Code. ance sufficiency plans as workout in- cent of this housing stock have rents struments to reduce the section 8 sub- The bill addresses this problem by bifur- that exceed the fair market rent of the cating the existing mortgage into two obli- sidy needs of projects through mort- gations. The first piece would be determined local area. gage restructuring. on the amount the mortgage could be sup- Since current law prohibits HUD The basic tool provided in the draft ported by the rental income stream. Pay- from renewing these section 8 con- bill, and the likely key to any success- ment on the second piece would be deferred tracts at rents above 100 percent of the ful strategy to preserve this housing, is until the first mortgage is paid off. Accord- fair market rent, with some exceptions to authorize the restructuring of the ing to Treasury officials, this practice would not to exceed 120 percent, in many mortgage debt on these oversubsidized not result in an immediate tax liability to cases, the failure to renew expiring sec- section 8 multifamily housing projects. owners and investors. tion 8 project-based contracts at exist- Provides for resident and community input In particular, the bill would allow the into the restructuring process. To ensure ing rents will leave owners without the restructuring of these high cost mort- that portfolio restructuring does not ad- financial ability to pay the mortgage gages with a new first mortgage re- versely affect the residents or local commu- debt on these projects. This means that flecting, generally, the market value of nities in which the properties are located, owners likely will default on their a project, and a soft second mortgage communities, residents, and local govern- FHA-insured mortgage liabilities, re- held by HUD, with interest at the ap- ment officials would be provided an oppor- sulting in FHA mortgage insurance plicable Federal rate, covering the re- tunity to comment on the process. claims and foreclosures. HUD would mainder of the original mortgage debt Strengthens HUD and FHA enforcement then own and be responsible for man- authority. This bill contains important pro- and payable upon disposition or upon visions that will minimize the incidence of aging these low-income multifamily full payment of the first mortgage. fraud and abuse of federally assisted pro- housing projects. This bill is intended This provision will reduce the cost of grams. Such key provisions include (1) ex- to avoid this potential crisis through a section 8 assistance and minimize any panding HUD’s ability to impose sanctions fiscally responsible and housing sen- loss to the FHA multifamily insurance on lenders, (2) expanding equity skimming sitive strategy. fund. In addition, this approach en- prohibitions, and (3) broadening the use of In addition, the cost of the section 8 sures that there is no taxable event by civil money penalties. contracts on these projects reempha- virtue of the mortgage restructuring. Mr. BOND. Mr. President, I stand in sizes the difficult budget and appro- I also think it would be beneficial to strong support of the Multifamily As- priation issues facing the Congress. In look at some kind of exit tax relief to sisted Housing Reform and Afford- particular, according to HUD esti- encourage owners, especially limited ability Act of 1996. This bill goes a long mates, the cost of all section 8 contract partners, to divest their interest in way toward developing a constructive renewals, both tenant-based and these properties, to encourage new in- and comprehensive section 8 mark-to- project-based, will require appropria- vestment in and revitalization of these market contract renewal program for tions of about $4.3 billion in fiscal year properties. Nevertheless, I am con- reducing the costs of expiring project- 1997, $10 billion in fiscal year 1998, and vinced that the tax committees are un- based section 8 contracts, limiting the over $16 billion in fiscal year 2000. In likely to take up this issue during this

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9604 CONGRESSIONAL RECORD — SENATE August 2, 1996 Congress and that any discussion on ings and has conducted an ongoing dia- Subcommittee on VA–HUD Appropria- tax relief will have to wait for another logue with residents, lenders, servicers, tions and my fellow colleague on the time. public officials and leading profes- Banking Committee, has been very in- Finally, I emphasize that it is time sionals within the housing community strumental in moving the process for- to act now. I am currently sponsoring a to find a consensus solution to the ward. Throughout, he has insisted on section 8 mark-to-market demonstra- problems associated with the section 8 our continued federal commitment to tion to be included in the VA–HUD fis- program. This legislation represents providing affordable housing and the cal year 1997 appropriations bill which the culmination of that important ef- protection of the interests of existing is similar to the Multifamily Assisted fort. low and moderate income tenants. Housing Reform and Affordability Act Mr. President, I would like to empha- I thank all members of the Banking and which represents an interim ap- size the guiding principles of this legis- Committee for their tireless efforts on proach to the section 8 mark-to-mar- lation: To contain the growth of the behalf of affordable housing and look ket contract renewal issue. This appro- expanding costs of the section 8 pro- forward to pursuing our bipartisan priation language indicates my strong gram; to protect existing tenants; to commitment to resolving the HUD sec- belief that we can no longer afford, as maintain the existing stock of decent, tion 8 crisis as expeditiously as pos- a matter of housing policy and fiscal safe and affordable housing for future sible. responsibility, to renew expiring sec- needs; to remove bad owners and man- tion 8 project-based contracts at the agers; to protect the FHA insurance By Mr. KERRY: existing, over-market rents. Neverthe- fund and minimize the liability of the S. 2043. A bill to require the imple- less, I strongly prefer that section 8 re- Federal taxpayer; and to provide for mentation of a corrective action plan form legislation be acted on by the au- local control and flexibility while re- in States in which child poverty has in- thorizing committees before the end of ducing HUD’s administrative burden. creased; to the Committee on Finance. This legislation seeks to: Reduce in- the fiscal year, with the full benefit of CHILD POVERTY LEGISLATION hearings and discussion on these very flated contract rents to market-rate and budget-based rent levels; screen Mr. KERRY. Mr. President, the wel- difficult policy issues. fare bill we passed this week would I look forward to working with my out bad owners, replace corrupt man- allow States to experiment with var- colleagues on the legislation and hope agers and encourage transfers to resi- ious welfare policies. Many States may that the Housing Subcommittee and dent-supported nonprofit corporations; implement innovative welfare policies Banking Committee can act in an expe- and provide must needed capital and to move parents from welfare to work. ditious manner on this measure. I em- facilitate private financing to address But if we are sending Federal money to phasize the need to work together and backlogged maintenance needs. This States, if we are going to take this risk I look forward to moving this legisla- comprehensive approach will allow us and allow States to experiment, we tion through Congress and onto the to reduce the costs of the section 8 pro- must be sure that child poverty does desk of the President. gram while protecting the FHA insur- Mr. D’AMATO. Mr. President, I rise ance fund and minimizing the liability not increase. today to cosponsor the Multifamily As- of the federal taxpayer. The out- There is nothing more important sisted Housing Reform and Afford- standing debt on the oversubsidized than constantly reminding ourselves ability Act of 1996. I wish to thank my portfolio would be restructured to re- that our focus is—or ought to be—this colleagues, Senators CONNIE MACK and flect market rent levels. This debt re- Nation’s children. That was the focus KIT BOND, for their outstanding efforts structuring would include the continu- when under Franklin Roosevelt’s lead- in crafting and advancing this vitally ation of project-based subsidies as well ership title IV–A of the Social Security important piece of legislation to re- as FHA multifamily insurance. This Act was originally enacted. The objec- structure the Department of Housing bill also addresses the significant tax tive here is to help impoverished chil- and Urban Development’s [HUD] Fed- dilemma which would be caused by dren. eral Housing Administration [FHA] in- debt restructuring. In order to avoid This bill I am introducing today says sured and section 8 assisted multi- adverse tax consequences, a bifurcation that if child poverty increases in a family housing portfolio. Also,I would of the mortgage into two separate obli- State after the date of enactment of like to thank Senator BENNETT for his gations is proposed. the welfare bill, then that State would diligence in confronting the complex The legislation recognizes the lack of be required to submit a corrective ac- issues surrounding our federal multi- capacity at HUD and seeks to maxi- tion plan. Although a weaker version family housing programs. mize local control and flexibility in of my bill passed and was included in Mr. President, this legislation rep- carrying out debt restructuring in the welfare bill, I am introducing this resents a significant step forward in order to reduce inflated rents. A pref- as a separate bill in the hope that ulti- addressing the complicated and vexing erence would be provided to State and mately we will be able to pass the problem of the rising costs of HUD’s local housing finance agencies to over- strongest possible version. section 8 assisted housing program. see mortgage workouts. These public What would this bill do? This bill Over the course of the next several entities are ideally suited for this role says that if the most recent State child years, the costs of renewing expiring and are already accountable to the poverty rate exceeds the level for the section 8 contracts at their current public interest in their own jurisdic- previous year by 5 percent or more rent levels will skyrocket from $4.3 bil- tions. Also, residents of affected prop- then the State would have to submit to lion in fiscal year 1997 to $20 billion in erties would be provided with input in the HHS Secretary within 90 days a fiscal year 2002—a figure which rep- a communitywide consultation process, corrective action plan describing the resents the entire existing HUD budg- and will be provided adequate notice, actions the state shall take to reduce et. This is the result of the expiration access to information, and an adequate child poverty rates. of long-term housing assistance con- time period for analysis and comment. Mr. President, I want to be clear that tracts which were entered into 15 to 20 In conclusion, let me reiterate my this bill in no way intrudes on a years ago. In addition, many of these appreciation for my colleagues who State’s ability to design its own wel- contracts support projects with rents made tremendous contributions to the fare program. State flexibility would that are far higher than local market effort to stem this impending crisis. As not be decreased in any way. This bill rents. While these rising costs are chairman of the Subcommittee on simply says that if a state’s welfare clearly significant and represent a for- Housing Opportunity and Community system increases child poverty, that midable challenge, the expiration of Development, Senator MACK has state must take corrective action. these long-term contracts also presents charted a reasonable and rational Mr. President, I believe all of us re- us with an opportunity to address the course for us to follow. He has utilized gardless of party can agree on two oversubsidized and often inflated costs a fair and bipartisan approach in the things at least: We can all agree that of the section 8 program. development of this legislation, and the child poverty rate in this country During the course of the past year, should be commended for his efforts. is too high. The fact is that 15.3 million the Banking Committee has held hear- Also, Senator BOND, chairman of the U.S. children live in poverty. This

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9605 means that more than 1 in 5 children— employed by Pennsylvania’s public uni- ume of regulations, very little has been 21.8 percent—live in poverty. In Massa- versities and will allow them to keep done to translate rules written by bu- chusetts, there are more than 176,000 more of their pay from campus employ- reaucrats into easy to understand lan- children who live in poverty. And de- ment. Currently, student employees of guage that the owner of any small firm spite the stereotypes, Mr. President, Pennsylvania’s State system of higher can implement. the majority of America’s poor chil- education are covered under FICA and Mr. President, according to a 1995 dren are white (9.3 million) and live in pay taxes unlike working students at study by the Small Business Adminis- rural or suburban areas (8.4 million) schools in most other states. Only a tration’s Office of Advocacy, 94 percent rather than central cities (6.9 million). change in the law would enable Penn- of small businesses were unsure of The other thing on which we can all sylvania’s colleges and universities to what they needed to do to comply with agree, because it is a fact rather than exempt their student employees from Federal regulations. The same study an opinion, is that the child poverty FICA coverage. revealed that it is difficult, if not im- rate in this country is dramatically This legislation would make Pennsyl- possible, for small businesses to obtain higher than the rate in other major in- vania schools more attractive and com- concise answers to compliance ques- dustrialized countries. According to an petitive with the other states who have tions from a Federal agency. It is no excellent, comprehensive recent report opted out of Social Security coverage. wonder that so many business owners, by an international research group Graduate students are often called who have honestly believed they were called the Luxembourg Income Study, upon to perform paid assistant teach- in compliance, have either lost or had the child poverty rate in the United ing duties. The current system and ap- their businesses crippled because they Kingdom is less than half our rate (9.9 plication of FICA coverage does not were uninformed or misunderstood percent), the rate in France is less than make Pennsylvania institutions as Federal regulations which applied to one-third of our rate (6.5 percent), and competitive with other out of state them. the rate in Denmark (3.3 percent) is graduate programs. Congress has considered several pro- about one-sixth our rate. If a student or graduate student com- posals which would scale back intru- Mr. President, we know that poverty pares their employment earning possi- sive Federal regulations. However, we is bad for children. This should be obvi- bilities with other states, Pennsylvania must realize that Federal regulations ous. Nobel prizewinning economist students are at a distinct disadvantage. will continue in some capacity. Con- Robert Solow and the Children’s De- At a time in young adults’ lives when sequently, it is vital to establish a fense Fund recently conducted the resources are usually limited, it makes mechanism which assists small busi- first-ever long-term impact of child practical sense to free up more funds nesses in complying with these regula- poverty. They found that their lowest for student employees who are working tions. estimate was that the future cost to hard toward their educational goals. The Small Business Development society of a single year of poverty for Today, colleges and universities are Centers have established themselves as the 15 million poor children is $36 bil- being called upon to downsize and a valuable resource for small busi- lion in lost output per worker. When make better use of dollars. This legis- nesses. They have an existing network they included lost work hours, lower lation is an easy way to support indi- of over 950 centers nationwide which skills, and other labor market dis- viduals who are attaining goals while have been providing education and advantages related to poverty, they attending Pennsylvania state-related technical assistance to small business found that the future cost to society universities. owners for years. was $177 billion. The Oregon Small Business Develop- With this bill, I want to make sure By Mr. HATFIELD: ment Center Network has distin- that, at the very least, if a State’s wel- S. 2045. A bill to provide regulatory guished itself as a national model of fare plan increases child poverty—in- relief for small business concerns, and how SBDC’s can play an integral role stead of increasing the number of par- for other purposes; to the Committee in ensuring the success of small busi- ents moving from welfare to work and on Small Business. nesses. In April 1995 I conducted a field self-sufficiency—that State will take THE NATIONAL SMALL BUSINESS REGULATORY hearing in Portland, OR on a proposal immediate steps to refocus its pro- RELIEF ACT to expand the responsibilities of the gram. Mr. HATFIELD. Mr. President, one SBDC’s to include regulatory compli- Mr. President, I urge all my col- of the most common small business ance assistance. At that hearing, I leagues to support this bill to ensure complaints my constituents bring to heard from several Oregon small busi- that welfare reform results in more my attention is the issue of burden- ness owners who testified about their parents working, not more child pov- some government regulations. As we experience with the Oregon Small erty. all recognize, small businesses rarely Business Development Center Network have the expertise or resources nec- and the positive benefits these centers By Mr. SANTORUM: essary to keep up to date with chang- have had on small businesses in the S. 2044. A bill to provide for modifica- ing Federal requirements. Con- State of Oregon. tion of the State agreement under title sequently, many small businesses are The proposal to accomplish a shift in II of the Social Security Act with the not in compliance with Federal regula- Federal regulatory policy from en- State of Pennsylvania with respect to tions and face potential fines. Fines or forcement to education was at a con- certain students; to the Committee on costly compliance procedures can be ceptual stage at the time of the Oregon Finance. devastating to small businesses which field hearing. However, this idea was LEGISLATION HELPING PENNSYLVANIA characteristically operate at a very extremely intriguing and the small STUDENTS narrow profit margin. business owners who discussed this Mr. SANTORUM. Mr. President, I All across this Nation conscientious issue were impressive in conveying wanted to take a few minutes of Senate small business owners are frustrated their vision for the future of this pro- business today to introduce legislation with Federal regulations simply be- posal. Since that time, I have worked of importance to the Pennsylvania cause they cannot get concise and spe- with the National Association of Small state system of higher education and cific answers to their compliance ques- Business Development Center and the to the students enrolled and working tions. How can we realistically expect Director of the Oregon SBDC Network at our state-related universities. to increase environmental protection, to develop this concept into the legis- The bill is a companion measure to work place safety or tax compliance, if lation I am introducing today. legislation in the House of Representa- these respective agency’s regulations The National Small Business Regu- tives. The House proposal was intro- are so complex that professionals in latory Relief Act provides comprehen- duced by my friend and distinguished these fields cannot determine the sive regulatory assistance to small colleague from Pennsylvania, Rep- meanings and applications of these firms by enlisting the nationwide net- resentative BILL CLINGER. rules? While our regulatory reform ef- work of over 950 Small Business Devel- Mr. President, this legislation will forts have done much to change the opment Centers (SBDC’s). Over 550,000 affect students and graduate assistants rulemaking process and the sheer vol- small businesses each year seek SBDC

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9606 CONGRESSIONAL RECORD — SENATE August 2, 1996 help in drafting business plans and ex- There being no objection, the letter drilling for margin gas wells in West pansion strategies, developing financ- was ordered to be printed in the Virginia has dropped off by more than ing and marketing tactics, improving RECORD, as follows: 30 percent. In 1992, the last year of the management and personnel skills, and OREGON SMALL BUSINESS credit, 760 wells were drilled in West addressing many other business needs. DEVELOPMENT CENTER NETWORK, Virginia. By 1995, that number had fall- The locally controlled and managed Eugene, OR, January 8, 1996. en to 530 wells. In that same time- SBDC network’s long-standing con- Hon. MARK O. HATFIELD, frame, the number of rigs actively fidentiality policy and its proven track Hart Senate Office Building, drilling wells in the Appalachian basin record of success make it an ideal, Washington, DC. DEAR SENATOR HATFIELD: Thank you for declined from 73 to 45—a 48-percent de- cost-effective and user-friendly deliv- taking time from your busy schedule to meet cline. That translates directly into ery system for meaningful compliance with me and John Eskildsen regarding the jobs, as the average rig employs about assistance. Even though SBDC’s are Oregon Small Business Development Center 25 people. When you add to that all the funded by all 50 States and the Federal Network and the National Small Business jobs associated with a well (from trans- Government they do not have enough Extension Network proposal. We appreciate portation to bookkeeping), you have a resources to provide the regulatory your strong support and advocacy for the job loss of more than 1,500 in the Appa- OSBDCN and the NSBEN proposal. help small businesses so desperately I believe that the NSBEN proposal rep- lachian Basin, which stretches from need. resents a tremendous opportunity to reduce New York to Kentucky, and from Ohio Mr. President this legislation pro- the federal regulatory burden on small busi- to Virginia. vides the resources necessary to expand ness while simultaneously reducing the fed- Mr. President, this is about more SBDC assistance, creating a one-stop eral budget. This legislation, if enacted, will than jobs. I have spoken in the past of shop business resource that can explain enable small business owners in Oregon and the great problem our Nation has with how a company’s marketing, finance, throughout the United States to meet fed- oil dependency. Following the oil personnel, international trade, pro- eral regulatory standards without fear of re- prisal. shocks of the 1970’s, Congress made a curement and technology strategies Thank you again for your leadership and concerted effort to help ease our de- comport with the regulatory require- support for small business. pendency on foreign energy sources. ments of EPA, OSHA, and IRS. The re- Sincerely, That effort showed much success in the sult will be a holistic delivery system SANDY CUTLER, 1980’s when imports fell by more than of business assistance that will not State Director, Oregon Small Business 40 percent from 1970’s highs. However, only increase compliance with today’s Development Center Network. the 1990’s have seen import totals regulations, but will help small busi- By Mr. ROCKEFELLER: steadily rise, to today when more than nesses bring about a cleaner environ- S. 2046. A bill to amend section 29 of 50 percent of our oil is imported. In ment, safer work place and better tax the Internal Revenue Code of 1986 to fact, Mr. President, the biggest 1-year compliance. Most importantly, by uti- allow a credit for qualified fuels pro- rise in imports since 1986 came in the lizing the vast SBDC network, the cost duced from wells drilled during 1997, year following the expiration of section of making comprehensive regulatory and for other purposes; to the Com- 29, in 1993. assistance available to all of America’s mittee on Finance. The Senate knows well the problem small businesses is minimized for a THE MARGINAL WELL DRILLING INCENTIVE ACT raised by energy dependency. The Gulf program of this magnitude. OF 1996 war was fought largely to protect our This legislation authorizes appropria- Mr. ROCKEFELLER. Mr. President, foreign oil sources in the Middle East, tions to the Occupational Safety and today I offer a bill that is very impor- and 19 brave American soldiers died in Health Administration, the Environ- tant to my State of West Virginia, and June for that very same cause. Our en- mental Protection Agency and the In- can benefit the entire Nation. This ergy dependency, in addition to years ternal Revenue Service to accomplish very small bill will have a very big im- of cheap oil and an exceptionally harsh the goals I described earlier. However, pact on the ability of small oil and gas winter, also led to the outrage earlier I would like to point out that similar producers in my State and across the this spring when gas prices at the legislation has been introduced in the Nation to compete. The bill creates a pump rose steeply. House of Representatives which directs new tax incentive, modeled on the old For all these reasons, Mr. President, each of these three Federal agencies to section 29 tax credit, to help small it is important that we foster the de- set-aside a percentage of their overall marginal well drillers. velopment of new sources of domestic budget for SBDC compliance assistance I offer this with a measure of frustra- energy. Gas in my State, and many activities. While I sympathize with the tion, based on the fact that while Con- others, is hard to get at. It is locked in intentions of the House sponsors of this gress managed to incorporate a great rock formations that yield their fuel measure to use existing funds for this number of narrowly targeted amend- much more slowly, and at lower prof- program, as Chairman and a longtime ments into the small business tax bill its, than wells in the oil patch out member of the Senate Appropriations passed today, the final bill did not in- West. Committee I feel the appropriations clude this provision that I propose This bill is specifically designed to process is the proper way to distribute today. I am pleased that the tax pack- offer a very modest incentive to those Federal discretionary dollars. I believe age includes an extension of the part of producers, when the price of natural that the goals of this proposal can be section 29 dealing with facilities that gas gets so low that they can’t make a accomplished using existing Federal manufacture gas from biomass and profit from their wells. Unlike the dollars. coal. That is helpful to a variety of original section 29, the credit will be Mr. President, America’s small busi- States, including West Virginia. But available only for the first 10 million nesses are frustrated by the current for less than one tenth the cost of that cubic feet of gas produced each year by Federal regulatory situation and have provision, we could and should have each well. Additionally, the credit will been pleading for help. The National done something to help drillers get gas only be available to wells that produce Small Business Regulatory Relief Act from devonian shale and other non- less than 100 million cubic feet of gas is a creative approach towards bal- conventional sources. per year. ancing economic growth with regu- The original section 29 credit for Mr. President, I have intentionally latory compliance. I urge my col- drilling expired in 1992 after some of limited the scope of this bill so that it leagues to join me in this important ef- the larger gas companies in this coun- is only available to smaller wells, and fort to assist our Nation’s small busi- try put emphasis on getting relief from only there, for a limited amount of gas. nesses in complying with Federal regu- the alternative minimum tax instead The idea behind this bill is not to have lations. of renewing section 29. They got that, a big giveaway for big oil and gas pro- I ask unanimous consent that a let- but it didn’t help a lot of the smaller ducers. But instead, it is designed to ter from the Oregon Small Business drillers, which happen to include most give a little bit of insurance to risk- Development Center Network in sup- of the gas producers in West Virginia. taking drillers who make their living port of this legislation be included in Mr. President, I’d like the record to tilling nonconventional sources for the RECORD. show that since the credit expired, fuel.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9607 This is a modest bill, but one that committee exempted Government develop a sensible and workable set of non- can make a big difference in certain plans from the new higher require- discrimination rules for governmental plans places that have the potential for more ments because adequate information is has convinced us that the task ultimately is a futile one—portending tremendous cost, prosperity, more job growth, and more not now available to permit a full un- complexity, and disruption of sovereign economic growth like West Virginia. derstanding of the impact these new re- State operations in the absence of any iden- Reviving and revising section 29 will quirements would have on Govern- tifiable problem. put an incentive in place to seize more mental plans.’’ Thus, Congress was not Mr. President, the sensible conclu- of this potential while reducing the en- prepared to apply nondiscrimination sion of this 20 year exercise is to admit tire country’s dependence in foreign rules to public plans. After studying that the Treasury is not likely to issue oil. I urge the Senate to find a way to the issue, the Internal Revenue Service regulations for State and local pension make this bill a reality—the sooner, on August 10, 1977, issued News Release plans and Congress should make the the better. IR–1869, which stated that issues con- temporary moratorium permanent. cerning discrimination under State and Furthermore, there are examples to By Mr. HATCH (for himself, Mr. local government retirement plans support this legislation. Relief from CONRAD, Mr. PRESSLER, Mr. would not be raised until further no- the pension nondiscrimination rules is PRYOR, Mr. NICKLES, and Mr. tice. Thus, an indefinite moratorium not a new concept. Multiemployer BAUCUS): was placed on the application of the plans are currently not covered by the S. 2047. A bill to amend the Internal new rules to government plans. nondiscrimination rules under the the- Revenue Code of 1986 to modify the ap- In 1986, Congress passed the Tax Re- ory that labor-management collective plication of the pension nondiscrimina- form Act of 1986, which made further bargaining will ensure nondiscrim- tion rules to governmental plans; to changes to pension laws and the gen- inatory treatment to rank-and-file the Committee on Finance. eral nondiscrimination rules. On May workers. In reality, Mr. President, f 18, 1989, the Department of the Treas- State and local government pension NONDISCRIMINATION RULES FOR ury, in proposed regulations, lifted the plans face an even higher level of scru- GOVERNMENT PENSION PLANS 12-year public sector moratorium and tiny. State law generally requires pub- LEGISLATION required that public sector plans com- licly elected legislators to amend the ply with the new rules immediately. provisions of a public plan. Electoral Mr. HATCH. Mr. President, I rise However, further examination re- accountability to the voters and media today to introduce legislation with vealed, and Treasury and the IRS rec- scrutiny serve as protections against Senators CONRAD, PRESSLER, PRYOR, ognized, that a separate set of rules abusive and discriminatory benefits. NICKLES, and BAUCUS that would make was required for State and local gov- Moreover, further precedent exists permanent the current moratorium on ernment plans because of their unique for Congress to grant relief from the the application of the pension non- features. Consequently, through final nondiscrimination rules. In 1986, the discrimination rules to State and local rules issued in September 1991, the Congress established the Thrift Sav- government pension plans. Treasury reestablished the moratorium ings Fund for Federal employees. As For nearly 20 years, State and local on a temporary basis until January 1, originally enacted, the Fund was re- government pension plans have been 1993, and solicited comments for con- quired to comply with the 401(k) non- deemed to satisfy the complex non- sideration. In addition, government discrimination rules on employee con- discrimination rules of the Internal pension plans were deemed to satisfy tributions and matching contributions Revenue Code for qualified retirement the statutory nondiscrimination re- to the fund. However, in 1987, as part of plans until Treasury can figure out quirements for years prior to 1993. a Continuing Appropriations Act for how or if these rules are applicable to Since then, the moratorium has been 1988, the Congress passed a provision unique Government pension plans. This extended three more times, the latest that made these nondiscrimination bill simply puts an end to this stalled of which began this year and is in ef- rules inapplicable to the Federal Thrift process and dispels over 20 years of un- fect until 1999. Savings Fund. Thus, Congress has re- certainty for administrators of State Mr. President, here we are, in August affirmed the need to treat Govern- and local retirement plans. Let me 1996, 22 years since the passage of mental pension plans as unique. summarize the evolution of this issue ERISA and State and local government Mr. President, this legislation is not and why this bill is being introduced pension plans are still living under the sweeping nor does it grant any new today. shadow of having to comply with the treatment to these plans. Because of Mr. President, the Federal Govern- cumbersome, costly, and complex non- moratorium, governmental plans are ment has a long-established policy of discrimination rules. Experience over currently treated as satisfying the non- encouraging tax deferred retirement the past 20 years has shown that the discrimination rules. Lifting the mora- savings. Most retirement plans that existing nondiscrimination rules have torium would impose on governmental benefit employees are employer spon- limited utility in the public sector. pension plans the costly task of testing sored tax deferred retirement plans. Furthermore, the long delay in action for discrimination when no significant Over the years, Congress has required illustrates the seriousness of the prob- abuses or concerns exist. In fact, fi- that these plans meet strict non- lem and the doubtful issuance of non- nally imposing these rules may require discrimination standards designed to discrimination regulations by the De- benefits to be reduced for State and ensure that they do not provide dis- partment of the Treasury. local government employees and force proportionate benefits to business own- Mr. President, last year during con- costly modifications to these retire- ers, officers, or highly compensated in- sideration of another extension of the ment plans. This legislation coincides dividuals. moratorium, a coalition of associations with the principle of allowing a State In response to the growing popularity representative of State and local gov- to enjoy the right to determine the of employer sponsored tax deferred ernmental plans summarized their cur- compensation of its employees. pension plans, Congress passed the Em- rent position in a letter to IRS Com- Mr. President, with another expira- ployee Retirement Income Security missioner Margaret Richardson dated tion of the moratorium looming in the Act [ERISA] in 1974 to enhance the October 13, 1995. future, I believe it is time to address rules governing pension plans. How- In our discussions with Treasury over the this issue. I am under no delusion that ever, during consideration of ERISA past two years, there have been no abuses or it will be resolved quickly. The com- Congress recognized that non- even significant concerns identified that plexities of these rules and the unique- discrimination rules for private pen- would warrant the imposition of such a cum- ness of governmental plans have sion plans were not readily applicable bersome thicket of federal rules on public brought us to where we are today. I be- to public pension plans because of the plans that already are the subject of State lieve that as members better under- and local government regulation. unique nature of governmental employ- Accordingly, while we always remain open stand the history of this issue they will ers. Former Representative Ullman, to further discussion, as our Ways and Means agree with us that the appropriate step during Ways and Means Committee statement indicates the experience of the is to end this uncertainty and make consideration of ERISA, stated, ‘‘The past two years in working with Treasury to the temporary moratorium permanent.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9608 CONGRESSIONAL RECORD — SENATE August 2, 1996 Mr. President, I ask unanimous con- referred to as the Freedom of Informa- S. 2048 sent that the text of the bill be printed tion Act), to provide for disclosure of Be it enacted by the Senate and House of Rep- following my remarks. information relating to individuals resentatives of the United States of America in There being no objection, the bill was who committed Nazi war crimes, and Congress assembled, ordered to be printed in the RECORD, as for other purposes; to the Committee SECTION 1. SHORT TITLE. follows: on the Judiciary. This Act may be cited as the ‘‘War Crimes Disclosure Act’’. S. 2047 WAR CRIMES DISCLOSURE ACT SEC. 2. REQUIREMENT FOR DISCLOSURE UNDER Be it enacted by the Senate and House of Rep- Mr. MOYNIHAN. Mr. President, FOIA OF INFORMATION RELATING resentatives of the United States of America in today I am joined by Senators TO INDIVIDUALS WHO COMMITTED Congress assembled, NAZI WAR CRIMES. D’AMATO and DODD in introducing the SECTION 1. MODIFICATIONS TO NONDISCRIMINA- (a) IN GENERAL.—Section 552 of title 5, TION AND MINIMUM PARTICIPATION War Crime Disclosure Act. This legisla- United States Code, is amended— RULES WITH RESPECT TO GOVERN- tion is a companion measure to a bill (1) by redesignating subsections (d), (e), MENTAL PLANS. pending in the House, H.R. 1281, spon- and (f) as subsections (e), (f), and (g), respec- (a) GENERAL NONDISCRIMINATION AND PAR- sored by Representative MALONEY. tively; and TICIPATION RULES.— The measure is a simple one. It re- (2) by inserting after subsection (c) the fol- (1) NONDISCRIMINATION REQUIREMENTS.— quires the disclosure of information lowing new subsection: Paragraph (5) of section 401(a) of the Internal ‘‘(d)(1)(A) Notwithstanding subsection (b), Revenue Code of 1986 (relating to qualified under the Freedom of Information Act this section shall apply to any matter in the pension, profit-sharing, and stock bonus regarding individuals who participated possession of a specified agency, that relates plans) is amended by adding at the end the in Nazi war crimes. to any individual as to whom there exists following new subparagraph: Ideally, such documents would be reasonable grounds to believe that such indi- ‘‘(F) GOVERNMENTAL PLANS.—Paragraphs made available to the public without vidual, during the period beginning on March (3) and (4) shall not apply to a governmental further legislation and without having 23, 1933, and ending on May 8, 1945, under the plan (within the meaning of section 414(d)).’’ to go through the slow process involved direction of or in association with— (2) ADDITIONAL PARTICIPATION REQUIRE- ‘‘(i) the Nazi Government of Germany, MENTS.—Subparagraph (H) of section in getting information through the ‘‘(ii) any government in any area occupied 401(a)(26) of such Code is amended to read as Freedom of Information Act [FOIA]. by the military forces of the Nazi Govern- follows: Unfortunately this is not the case. Re- ment of Germany, ‘‘(H) EXCEPTION FOR GOVERNMENTAL searchers seeking information on Nazi ‘‘(iii) any government established with the PLANS.—This paragraph shall not apply to a war criminals are denied access to rel- assistance or cooperation of the Nazi govern- governmental plan (within the meaning of evant materials in the possession of ment of Germany, or section 414(d)).’’ the United States Government, even ‘‘(iv) any government that was an ally of (3) MINIMUM PARTICIPATION STANDARDS.— the Nazi government of Germany, Paragraph (2) of section 410(c) of such Code is when the disclosure of these documents ordered, incited, assisted or otherwise par- amended to read as follows: no longer pose a threat to national se- ticipated in the persecution of any person be- ‘‘(2) A plan described in paragraph (1) shall curity—if indeed they ever did. cause of race, religion, national origin, or po- be treated as meeting the requirements of With the passing of time it becomes litical opinion. this section for purposes of section 401(a), ex- ever more important to document Nazi ‘‘(B) For purposes of subparagraph (a), the cept that in the case of a plan described in war crimes, lest the enormity of those term ‘specified agency’ means the following subparagraph (B), (C), or (D) of paragraph (1), entities, any predecessors of such an entity, this paragraph shall only apply if such plan crimes be lost to history. The greater and any component of such an entity (or of meets the requirements of section 401(a)(3) access which this legislation will pro- such a predecessor): (as in effect on September 1, 1974).’’ vide will add clarity of this important ‘‘(i) The Central Intelligence Agency. (b) PARTICIPATION STANDARDS FOR QUALI- effort. I applaud those researchers who ‘‘(ii) The Department of Defense. FIED CASH OR DEFERRED ARRANGEMENTS.— continue to pursue this important ‘‘(iii) The National Security Agency. Paragraph (3) of section 401(k) of the Inter- work. ‘‘(iv) The National Security Council. nal Revenue Code of 1986 is amended by add- I would also like to call to the atten- ‘‘(v) The Department of State. ing at the end the following new subpara- ‘‘(vi) The Federal Bureau of Investigation. graph: tion of my colleagues the excellent work of the Office of Special Investiga- ‘‘(vii) The United States Information Agen- ‘‘(E)(i) The requirements of subparagraph cy. (A)(i) and (C) shall not apply to a govern- tions of the Department of Justice. ‘‘(2)(A) Except as provided in subparagraph mental plan (within the meaning of section This office has a monumental task and (B), Paragraph (1) shall not apply to the dis- 414(d)). I would not wish to add to that burden closure of any matter when there is clear ‘‘(ii) The requirements of subsection (m)(2) or divert its officials from their pri- and convincing evidence that such disclosure (without regard to subsection (a)(4)) shall mary goal of pursuing Nazi war crimi- would— apply to any matching contribution of a gov- ‘‘(i) reasonably be expected to constitute ernmental plan (as so defined).’’ nals. To that end, I would note that this legislation does not apply to the an unwarranted invasion of personal privacy; (c) NONDISCRIMINATION RULES FOR SECTION ‘‘(ii) pose a current threat to military de- 403(b) PLANS.—Paragraph (12) of section Office of Special Investigations, as it is fense, intelligence operations, or the conduct 403(b) of the Internal Revenue Code of 1986 is not identified in paragraph (1)(B) of the of foreign relations of the United States; amended by adding at the end the following bill as a ‘‘specified agency.’’ I would ‘‘(iii) reveal an intelligence agent whose new subparagraph: also add that there is a provision in the identity currently requires protection; ‘‘(C) GOVERNMENTAL PLANS.—For purposes bill which specifically prohibits the ‘‘(iv) compromise an understanding of con- of paragraph (1)(D), the requirements of sub- disclosure of information which would fidentiality currently requiring protection paragraph (A)(i) shall not apply to a govern- between an agent of the Government and a mental plan (within the meaning of section compromise the work of the Office of Special Investigations. cooperating individual or a foreign govern- 414(d)).’’ ment; (d) EFFECTIVE DATE.— Mr. President, I would like to thank ‘‘(v) constitute a substantial risk of phys- (1) IN GENERAL.—The amendments made by Representative MALONEY for her origi- ical harm to a living person who provided this section shall apply to taxable years be- nal work on this subject in the House confidential information to the United ginning on or after the date of enactment of of Representatives. I would also thank States; or this Act. ‘‘(vi) compromise an enforcement inves- (2) TREATMENT FOR YEARS BEGINNING BE- Senators D’AMATO and DODD for join- tigation,inquiry, or prosecution by the Office FORE DATE OF ENACTMENT.—A governmental ing me in this effort here in the Sen- of Special Investigations of the Department plan (within the meaning of section 414(d) of ate. Finally, I would be remiss if I did of Justice. the Internal Revenue Code of 1986) shall be not pay special tribute to A.M. Rosen- ‘‘(B) Subparagraph (A) shall only apply to treated as satisfying the requirements of sec- thal, whose indefatigable efforts on records, information, or other relevant mat- tions 401(a)(3), 401(a)(4), 401(a)(26), 401(k), this subject are as admirable as they ter which is— 401(m), 403 (b)(1)(D) and (b)(12), and 410 of are effective. ‘‘(i) properly classified; and such Code for all taxable years beginning be- ‘‘(ii) the protection of which outweighs the fore the date of enactment of this Act. Mr. President, I ask unanimous con- sent that the text of the bill be printed public interest in disclosure. ‘‘(3) Any reasonably segregable portion of a By Mr. MOYNIHAN (for himself, in the RECORD. matter referred to in paragraph (2) shall be Mr. D’AMATO, and Mr. DODD): There being no objection, the bill was provided, after deletion of all portions of the S. 2048. A bill to amend section 552 of ordered to be printed in the RECORD, as matter that are referred to in such subpara- title 5, United States Code (commonly follows: graph, to any person requesting the matter

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9609 under this section if the reasonably seg- GRASSLEY] was added as a cosponsor of ensure continuation of a competitive regable portion of the matter would other- S. 1735, a bill to establish the United free-market system in the cattle and wise be required to be disclosed under this States Tourism Organization as a non- beef markets, the Secretary of Agri- section. culture and Attorney General should ‘‘(4) In the case of a request under this sec- governmental entity for the purpose of tion for any matter required to be disclosed promoting tourism in the United use existing legal authorities to mon- under this subsection, if the agency receiv- States. itor commerce and practices in the cat- ing such request is unable to locate the S. 1820 tle and beef markets for potential anti- records so requested, such agency shall At the request of Mr. DASCHLE, the trust violations, the Secretary of Agri- promptly supply, to the person making such name of the Senator from Washington culture should increase reporting prac- a request, a description of the steps which [Mrs. MURRAY] was added as a cospon- tices regarding domestic commerce in were taken by such agency to search the in- sor of S. 1820, a bill to amend title 5 of the beef and cattle markets (including dices and other locator systems of the agen- exports and imports), and for other cy to determine whether such records are in the United States Code to provide for the possession or control of the agency.’’. retirement savings and security. purposes. (b) INAPPLICABILITY OF NATIONAL SECURITY S. 1821 f ACT OF 1947 EXEMPTION.—Section 701 of the At the request of Mr. DASCHLE, the National Security Act of 1947 (50 U.S.C. 431) SENATE CONCURRENT RESOLU- is amended— name of the Senator from Washington TION 68—TO CORRECT THE EN- (1) by redesignating subsections (e) and (f) [Mrs. MURRAY] was added as a cospon- ROLLMENT OF H.R. 3103 as subsections (f) and (g), respectively; and sor of S. 1821, a bill to amend the Inter- Mr. WELLSTONE (for himself, Mr. (2) by inserting after subsection (d) the fol- nal Revenue Code of 1986 to provide for KENNEDY, and Mr. WYDEN) submitted lowing new subsection: retirement savings and security. ‘‘(e) Subsection (a) shall not apply to any the following resolution; which was S. 1832 operational file, or any portion of any oper- considered and agreed to: ational file, described under section 552(d) of At the request of Ms. MIKULSKI, the S. CON. RES. 68 title 5, United States Code (Freedom of In- name of the Senator from Ohio [Mr. Resolved by the Senate (the House of Rep- formation Act).’’. GLENN] was added as a cosponsor of S. resentatives concurring), That in the enroll- SEC. 3. EFFECTIVE DATE. 1832, a bill to amend title II of the So- ment of the bill (H.R. 3103) entitled ‘‘An Act The amendments made by this Act shall cial Security Act to provide that a to amend the Internal Revenue Code of 1986 apply to requests made after the expiration monthly insurance benefit thereunder to improve portability and continuity of of the 180-day period beginning on the date of shall be paid for the month in which health insurance coverage in the group and the enactment of this Act. the recipient dies, subject to a reduc- individual markets, to combat waste, fraud, f and abuse in health insurance and health tion of 50 percent if the recipient dies care delivery, to promote the use of medical ADDITIONAL COSPONSORS during the first 15 days of such month, savings accounts, to improve access to long- and for other purposes. S. 607 term care services and coverage, to simplify the administration of health insurance, and At the request of Mr. AKAKA, his S. 1892 for other purposes’’, the Clerk of the House name was added as a cosponsor of S. 607 At the request of Mr. LAUTENBERG, the name of the Senator from Illinois, of Representatives shall make the following a bill to amend the Comprehensive En- correction: vironmental Response, Compensation, [Mr. SIMON] was added as a cosponsor Strike subtitle H of title II. of S. 1892, a bill to reward States for and Liability Act of 1980 to clarify the f liability of certain recycling trans- collecting medicaid funds expended on actions, and for other purposes. tobacco-related illnesses, and for other SENATE CONCURRENT RESOLU- TION 69—RELATIVE TO EUTHA- S. 1487 purposes. NASIA DURING WORLD WAR II At the request of Mr. GRAMM, the S. 1900 name of the Senator from Washington At the request of Mr. DORGAN, the Mr. SANTORUM (for himself and [Mr. GORTON] was added as a cosponsor name of the Senator from Idaho [Mr. Mrs. FEINSTEIN) submitted the fol- of S. 1487 a bill to establish a dem- CRAIG] was added as a cosponsor of S. lowing resolution; which was referred onstration project to provide that the 1900, a bill to amend title XVIII and to the Committee on Foreign Rela- Department of Defense may receive XIX of the Social Security Act to per- tions: medicare reimbursement for health mit a waiver of the prohibition of offer- S. CON. RES. 69 care services provided to certain medi- ing nurse aide training and competency Whereas Dr. Hans Joachim Sewering was a care-eligible covered military bene- evaluation programs in certain nursing member of the Nazi party beginning on No- facilities. vember 11, 1933, as well as a member of the ficiaries. SS; S. 1493 S. 1901 Whereas Dr. Sewering served as staff phy- At the request of Mr. LAUTENBERG, At the request of Mr. DORGAN, the sician and medical director at the the name of the Senator from Oregon name of the Senator from Idaho [Mr. Schoenbrunn Sanitarium beginning in 1942; [Mr. WYDEN] was added as a cosponsor CRAIG] was added as a cosponsor of S. Whereas, between 1943 and 1945, under Dr. of S. 1493, a bill to amend title 18, 1901, a bill to amend title XIX of the Sewering’s supervision, 909 German Catholic mentally and physically disabled patients, United States Code, to prohibit certain Social Security Act to repeal the re- mainly children, were transferred from the interstate conduct relating to exotic quirement for annual resident review sanitarium to a ‘‘Healing Center’’ at Eglfing- animals. for nursing facilities under the Med- Haar; S. 1542 icaid program and to require resident Whereas, subsequently, these patients were At the request of Mr. LEVIN, his name reviews for mentally ill or mentally re- killed by starvation and an overdose of a was added as a cosponsor of S. 1542, a tarded residents when there is a signifi- sleeping drug, Luminal; cant change in physical or mental con- Whereas there is documentation with Dr. bill to amend the Internal Revenue Sewering’s signature on its that transfers a Code of 1986 to provide for the expens- dition. 14-year-old epileptic girl names Babette ing of environmental remediation costs S. 1944 Frowis from the sanitarium to the healing in empowerment zones and enterprise At the request of Mr. HATFIELD, the center on October 26, 1943; communities. name of the Senator from Indiana [Mr. Whereas Babette Frowis was pronounced dead on November 16, 1943, just 15 days after S. 1662 LUGAR] was added as a cosponsor of S. being transferred there by Dr. Sewering; At the request of Mr. HATFIELD, the 1944, a bill to establish a commission to Whereas Dr. Sewering has enjoyed a suc- name of the Senator from Oregon [Mr. be known as the Harold Hughes Com- cessful and lengthy medical career after the WYDEN] was added as a cosponsor of S. mission on Alcoholism. war, most recently acting as the President of 1662, a bill to establish areas of wilder- SENATE RESOLUTION 277 the Federal Physicians Chamber in Ger- ness and recreation in the State of Or- At the request of Mr. CRAIG, the many; egon, and for other purposes. Whereas 4 Franciscan nuns, who worked in name of the Senator from Kansas [Mrs. the sanitarium at the time these acts oc- S. 1735 FRAHM] was added as a cosponsor of curred, came forward in January of 1993 to At the request of Mr. PRESSLER, the Senate Resolution 277, a resolution to corroborate the accusations against Dr. name of the Senator from Iowa [Mr. express the sense of the Senate that, to Sewering made by physicians in Germany;

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9610 CONGRESSIONAL RECORD — SENATE August 2, 1996 Whereas these nuns broke a 50-year-long center saw this method as a low cost lution; which was considered and vow of silence at the suggestion of the way of disposing of disabled children. agreed to: Bishop of Munich to expose Dr. Sewering and Dr. Sewering was a member of the S. RES. 287 share their accounts of the patients; Nazi party, as well as the Medical Di- Whereas these being elected president- Whereas, the Office of the Attorney Gen- elect of the World Medical Association in rector of the Sanitarium. When the war eral of the State of New Jersey has requested 1993, protest by the American Medical Asso- ended, Dr. Sewering went on to enjoy a that the Permanent Subcommittee on Inves- ciation about his alleged crimes led Dr. full and rewarding medical career in tigations provide it with copies of Sub- Sewering to resign as president-elect; Bavaria. In 1993 he became the presi- committee records in connection with a li- Whereas the German Government has dent-elect of the World Medical Asso- censing investigation that the Office is cur- never conducted a criminal inquiry or in- ciation, but after protest he resigned. rently conducting; dicted Dr. Sewering; Shortly after this, the Department of Whereas, by the privileges of the Senate of the United States and Rule XI of the Stand- Whereas the German Government has all Justice placed Dr. Sewering on the of the patient records, including the signa- ing Rules of the Senate, no evidence under ture of the doctor that ordered the transfers ‘‘watch list’’ thereby preventing his the control or in the possession of the Senate to the ‘‘Healing Center’’, in a government ar- entry into the United States. Dr. can, by administrative or judicial process, be chival center, and these records have never Sewering, at the age of 78, still prac- taken from such control or possession but by been examined by government prosecutors; tices medicine in Bavaria. permission of the Senate; and I have been in contact with the Ger- Whereas, when it appears that documents, Whereas the German Government has so man Ambassador on this matter re- papers, and records under the control or in far protected this criminal: Now, therefore, questing an explanation and informa- the possession of the Senate may promote be it tion on behalf of the German Govern- the administration of justice, the Senate will Resolved by the Senate (the House of Rep- ment as to why Dr. Sewering has not take such action as will promote the ends of resentatives concurring), That it is the sense justice consistently with the privileges of of the Congress that the German Govern- been investigated and why the docu- the Senate: Now, therefore, be it ment should investigate and prosecute Dr. ments regarding the transfer of pa- Resolved, That the Chairman and Ranking Hans Joachim Sewering for his war crimes of tients have not been made public. This Minority Member of the Permanent Sub- active euthanasia and crimes against hu- concurrent resolution expresses the committee on Investigations, acting jointly, manity committed during World War II. Sense of Congress that the German are authorized to provide to the Office of the Mr. SANTORUM. Mr. President, I Government should investigate and Attorney General of the State of New Jersey rise today to submit a concurrent reso- prosecute Dr. Sewering for his war copies of Subcommittee records that the Of- crimes of active euthanasia and crimes fice has requested for use in connection with lution with my colleague Senator FEIN- its pending licensing investigation. STEIN and to give a few remarks on the against humanity committed during Holocaust. Mr. President, many Ameri- World War II. Mr. LOTT. Mr. President, the Perma- cans probably have the opinion that we I appreciate the interest and joint nent Subcommittee on Investigations have closed the door on the Holocaust. sponsorship of Senator FEINSTEIN, and has received a request from the New In fact, we have a museum here in look forward to working with her as we Jersey Attorney General’s Office for Washington that stands as a reminder continue to draw the attention of Con- copies of subcommittee records rel- of this black mark in our history. Un- gress to this situation and ultimately evant to a background investigation fortunately, the very submission of action by the German Government. that the Office is conducting in connec- this concurrent resolution tells us that f tion with a solid waste disposal com- this chapter has not yet been closed. pany’s licensing application. SENATE CONCURRENT RESOLU- In the course of drug enforcement By way of background, my father- TION 70—DIRECTING THE CLERK and mother-in-law, Dr. Ken and Betty hearings in the mid-1970s, the sub- OF THE HOUSE OF REPRESENTA- committee investigated allegations re- Lee Garver, have done extensive re- TIVES search on the medical history of Nazi lating to an individual who was then a Mr. MURKOWSKI submitted the fol- war time. In their continued work federal drug enforcement official and is lowing concurrent resolution; which within the medical community, they now a principal in the solid waste firm was considered and agreed to: have come in contact with Dr. Michael seeking licensure from the State of S. CON. RES. 70 Franzblau from California. It is Dr. New Jersey. The Attorney General’s Franzblau who brought to our atten- Resolved by the Senate (the House of Rep- Office is seeking access to sub- resentatives concurring), That in the enroll- committee records to enable the Office tion the background and history of a ment of the bill (H.R. 1975) to improve the German doctor who was a member of to fulfill its responsibilities under management of royalties from Federal and state law to conduct a thorough back- the Nazi party and referred many of Outer Continental Shelf oil and gas leases, Germany’s disabled and afflicted to and for other purposes, the Clerk of the ground investigation of this individual. ‘‘healing centers’’ or death camps dur- House of Representatives shall make the fol- Mr. President, this resolution would ing the 1940’s. lowing corrections: authorize the chairman and ranking Of the millions of victims of World (1) On page 5, line 23, strike the word ‘‘pro- minority member of the Permanent vision’’ and insert in lieu thereof the word War II, it is the faces of the children we Subcommittee on Investigations, act- ‘‘provisions’’. ing jointly, to provide subcommittee remember most, like the face of Ba- (2) On page 29, line 23, insert the word ‘‘so’’ bette Frowis. Babette Frowis was a 14- before the word ‘‘demonstrate’’. records in response to this request. year-old child who suffered from epi- (3) On page 36, line 2, insert the word ‘‘not’’ f lepsy. She was sent to the Schoenbrunn after the word ‘‘shall’’. AMENDMENTS SUBMITTED Sanitarium in 1943 when Adolf Hitler (4) On page 36, line 19, strike the word ‘‘rate’’ and insert in lieu thereof the word began ‘‘cleansing’’ the German race. ‘‘date’’. The Medical Director of the Sani- (5) On page 36, line 24, strike the word THE FOOD AND GROCERY tarium, Dr. Hans Joachim Sewering, ‘‘owned’’ and insert in lieu thereof the word PRODUCTS DONATION ACT OF 1996 then transferred her to the Healing ‘‘owed’’. Center at Eglfing-Haar on October 26, (6) On page 39, line 8, strike the word 1943. Twenty-one days later, on Novem- ‘‘dues’’ and insert in lieu thereof the word LEAHY AMENDMENT NO. 5148 ‘‘due’’. ber 16, 1943, she was pronounced dead. (7) On page 44, line 24, strike the word ‘‘it’’ Mr. SANTORUM (for Mr. LEAHY) pro- Babette Frowis was not the only one. and insert in lieu thereof the word ‘‘its’’. posed an amendment to the bill (H.R. It is estimated that between 1942 and f 2428) to encourage the donation of food 1945, 909 patients, the overwhelming and grocery products to nonprofit orga- majority of whom were children, were SENATE RESOLUTION 287—TO AU- nizations for distribution to needy in- transferred to the ‘‘Healing Center’’ for THORIZE THE PRODUCTION OF dividuals by giving the Model Good Sa- extermination, under Dr. Sewerings’ RECORDS BY THE PERMANENT maritan Food Donation Act the full command. At Eglfing-Haar, the chil- SUBCOMMITTEE ON INVESTIGA- force and effect of law. TIONS dren were subjected to a mixture of Beginning on page 2, strike line 16 and all starvation and an overdose of a sleep- Mr. LOTT (for himself and Mr. that follows through page 3, line 11, and in- ing drug, Luminal. Authorities at the DASCHLE) submitted the following reso- sert the following:

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(C) by striking subsection (c) and inserting (1) BULL OF THE WOODS WILDERNESS.—The vey number 990, as described in patent num- the following: term ‘‘Bull of the Woods Wilderness’’ means ber 36–91–0017, dated May 9, 1991. In the sole ‘‘(c) LIABILITY FOR DAMAGES FROM DO- the land designated as wilderness by section discretion of the Secretary, such easement NATED FOOD AND GROCERY PRODUCTS.— 3(4) of the Oregon Wilderness Act of 1984 may be limited to administrative use if an ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A (Public Law 98–328; 16 U.S.C. 1132 note). alternative access route, adequate and ap- person or gleaner shall not be subject to civil (2) OPAL CREEK WILDERNESS.—The term propriate for public use, is provided. or criminal liability arising from the nature, ‘‘Opal Creek Wilderness’’ means certain land (2) a binding agreement has been executed age, packaging, or condition of apparently in the Willamette National Forest in the by the Secretary and the owners of record as wholesome food or an apparently fit grocery State of Oregon comprising approximately of March 29, 1996, of the following interests, product that the person or gleaner donates 12,800 acres, as generally depicted on the map specifying the terms and conditions for the in good faith to a nonprofit organization for entitled ‘‘Proposed Opal Creek Wilderness disposition of such interests to the United ultimate distribution to needy individuals. and Scenic Recreation Area’’, dated July States Government— ‘‘(2) LIABILITY OF NONPROFIT ORGANIZA- 1996. (A) the lode mining claims known as Prin- TION.—A nonprofit organization shall not be (3) SCENIC RECREATION AREA.—The term cess Lode, Black Prince Lode, and King subject to civil or criminal liability arising ‘‘Scenic Recreation Area’’ means the Opal Number 4 Lode, embracing portions of sec- from the nature, age, packaging, or condi- Creek Scenic Recreation Area, comprising tions 29 and 32, township 8 south, range 5 tion of apparently wholesome food or an ap- approximately 13,000 acres, as generally de- east, Willamette-Meridian, Marion County, parently fit grocery product that the non- picted on the map entitled ‘‘Proposed Opal Oregon, the claims being more particularly profit organization received as a donation in Creek Wilderness and Scenic Recreation described in the field notes and depicted on good faith from a person or gleaner for ulti- Area’’, dated July 1996 and established under the plat of mineral survey number 887, Or- mate distribution to needy individuals. section 104(a)(3) of this title. egon; and (B) Ruth Quartz Mine Number 1, mineral ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) (4) SECRETARY.—The term ‘‘Secretary’’ survey number 994, as described in patent shall not apply to an injury to or death of an means the Secretary of Agriculture. ultimate user or recipient of the food or gro- number 39–91–0012, dated February 12, 1991. SEC. 103. PURPOSES. (c) ADDITIONS TO THE WILDERNESS AND SCE- cery product that results from an act or The purposes of this title are: omission of the person, gleaner, or nonprofit NIC RECREATION AREAS.— (1) to establish a wilderness and scenic (1) Lands or interests in lands conveyed to organization, as applicable, constituting recreation area to protect and provide for the United States under this section shall be gross negligence or intentional mis- the enhancement of the natural, scenic, rec- included in and become part of, as appro- conduct.’’. reational, historic and cultural resources of priate, Opal Creek Wilderness or the Opal the area in the vicinity of Opal Creek; Creek Scenic Recreation Area. KENNEDY AMENDMENT NO. 5149 (2) to protect and support the economy of (2) On acquiring all or substantially all of Mr. SANTORUM (for Mr. KENNEDY) the communities in the Sanitiam Canyon; the land located in section 36, township 8 proposed an amendment to the bill, and south, range 4 east, of the Williamette Me- (3) to provide increased protection for an ridian, Marion County, Oregon, commonly H.R. 2428, supra; as follows: important drinking water source for commu- known as the Rosboro section by exchange, On page 2, line 8, insert ‘‘the title heading nities served by the North Santiam River. purchase from a willing seller, or by dona- and’’ before ‘‘sections’’. SEC. 104. ESTABLISHMENT OF OPAL CREEK WIL- tion, the Secretary shall expand the bound- On page 2, strike line 15 and insert the fol- DERNESS AND SCENIC RECREATION ary of the Scenic Recreation Area to include lowing: Samaritan’’; AREA. such land. (C) in subsection (b)(7), to read as follows: (a) ESTABLISHMENT.—On a determination (3) On acquiring all or substantially all of ‘‘(7) GROSS NEGLIGENCE.—The term ‘gross by the Secretary under subsection (b)— the land located in section 18, township 8 negligence’ means voluntary and conscious (1) the Opal Creek Wilderness, as depicted south, range 5 east, Marion County, Oregon, conduct (including a failure to act) by a per- on the map described in Section 102(2), is commonly known as the Times Mirror prop- son who, at the time of the conduct, knew hereby designated as wilderness, subject to erty, by exchange, purchase from a willing that the conduct was likely to be harmful to the provisions of the Wilderness Act of 1964, seller, or by donation, such land shall be in- the health or well-being of another person.’’; shall become a component of the National cluded in and become a part of the Opal On page 3, line 11, strike the period and in- Wilderness System, and shall be know as the Creek Wilderness. sert ‘‘; and’’. Opal Creek Wilderness; SEC. 105. ADMINISTRATION OF THE SCENIC On page 3, between lines 11 and 12, insert (2) the part of the Bull of the Woods Wil- RECREATION AREA. the following: derness that is located in the Willamette Na- (a) IN GENERAL.—The Secretary shall ad- (E) in subsection (f), by adding at the end tional Forest shall be incorporated into the minister the Scenic Recreation Area in ac- the following: ‘‘Nothing in this section shall Opal Creek Wilderness; and cordance with this title and the laws (includ- be construed to supercede State or local (3) the Secretary shall establish the Opal ing regulations) applicable to the National health regulations.’’ Creek Scenic Recreation Area in the Willam- Forest System. On page 4, after line 1, insert the following: ette National Forest in the State of Oregon, (b) OPAL CREEK MANAGEMENT PLAN.— (c) CONFORMING AMENDMENT.—The table of comprising approximately 13,000 acres, as (1) IN GENERAL.—Not later than 2 years contents for the National and Community generally depicted on the map described in after the date of establishment of the Scenic Service Act of 1990 is amended by striking Section 102(3). Recreation Area, the Secretary, in consulta- the items relating to title IV. tion with the advisory committee estab- (b) CONDITIONS.—The designations in sub- f section (a) shall not take effect unless the lished under section 106(a), shall prepare a Secretary makes a determination, not later comprehensive Opal Creek Management Plan THE OREGON RESOURCE CON- (Management Plan) for the Scenic Recre- SERVATION ACT OF 1996 OPAL than 2 years after the date of enactment of this title, that the following conditions have ation Area. (2) INCORPORATION IN LAND AND RESOURCE CREEK WILDERNESS AND OPAL been met: MANAGEMENT PLAN.—Upon its completion, CREEK SCENIC RECREATION (1) the following have been donated to the the Opal Creek Management Plan shall be- AREA ACT OF 1996 United States in an acceptable condition and come part of the land and resource manage- without encumbrances— ment plan for the Williamette National For- (A) all right, title, and interest in the fol- est and supersede any conflicting provision HATFIELD AMENDMENT NO. 5150 lowing patented parcels of land— in such land and resource management plan. (i) Santiam Number 1, mineral survey Mr. HATFIELD proposed an amend- Nothing in this paragraph shall be construed number 992, as described in patent number ment to the bill (S. 1662) to establish to supersede the requirements of the Endan- 39–92–0002, dated December 11, 1991; gered Species Act or the National Forest areas of wilderness and recreation in (ii) Ruth Quartz Mine Number 2, mineral Management Act or regulations promulgated the State of Oregon, and for other pur- survey number 994, as described in patent under those Acts, or any other law. poses; as follows: number 39–91–0012, dated February 12, 1991; (3) REQUIREMENTS.—The Opal Creek Man- SECTION 1. SHORT TITLE. (iii) Morning Star Lode, mineral survey agement Plan shall provide for a broad range This Act may be cited as the ‘‘Oregon Re- number 993, as described in patent number of land uses, including— source Conservation Act of 1996’’. 36–91–0011, dated February 12, 1991; (A) recreation; (B) all right, title, and interest held by any TITLE I—OPAL CREEK WILDERNESS AND (B) harvesting of nontraditional forest entity other than the Times Mirror Land and SCENIC RECREATION AREA products, such as gathering mushrooms and Timber Company, its successors and assigns, material to make baskets; and SEC. 101. SHORT TITLE. in and to lands located in section 18, town- (C) educational and research opportunities. This title may be cited as the ‘‘Opal Creek ship 8 south, range 5 east, Marion County, (4) PLAN AMENDMENTS.—The Secretary may Wilderness and Opal Creek Scenic Recre- Oregon, Eureka numbers 6, 7, 8, and 13 min- amend the Opal Creek Management Plan as ation Area Act of 1996’’. ing claims; and the Secretary may determine to be nec- SEC. 102. DEFINITIONS. (C) an easement across the Hewitt, Starva- essary, consistent with the procedures and In this title: tion, and Poor Boy Mill Sites, mineral sur- purposes of this title.

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(c) RECREATION.— (ii) for activities related to administration ing, planning, or natural resources of the (1) RECOGNITION.—Congress recognizes of the Scenic Recreation Area, consistent Scenic Recreation Area. recreation as an appropriate use of the Sce- with the Opal Creek Management Plan; or (4) NONPROFIT AGENCIES AND ORGANIZA- nic Recreation Area. (iii) for removal of hazard trees along TIONS.—The Secretary shall seek the views of (2) MINIMUM LEVELS.—The management trails and roadways. any nonprofit agency or organization that plan shall permit recreation activities at not (B) SALVAGE SALES.—The Secretary may may contribute information or expertise less than the levels in existence on the date not allow a salvage sale in the Scenic Recre- about the resources and the management of of enactment of this title. ation Area. the Scenic Recreation Area. (3) HIGHER LEVELS.—The management plan (g) WITHDRAWAL.— SEC. 106. ADVISORY COUNCIL. may provide for levels of recreation use (1) Subject to valid existing rights, all (a) ESTABLISHMENT.—Not later than 90 days higher than the levels in existence on the lands in the Scenic Recreation Area are after the establishment of the Scenic Recre- date of enactment of this title if such uses withdrawn from— ation Area, the Secretary shall establish an are consistent with the protection of the re- (i) any form of entry, appropriation, or dis- advisory council for the Scenic Recreation source values of Scenic Recreation Area. posal under the public land laws; Area. (ii) location, entry, and patent under the (4) The management plan may include pub- (b) MEMBERSHIP.—The advisory council lic trail access through section 28, township mining laws; and shall consist of not more than 13 members, of (iii) disposition under the mineral and geo- 8 south, range 5 east, Willamette Meridian, whom— thermal leasing laws. to Battle Axe Creek, Opal Pool and other (1) 1 member shall represent Marion Coun- (h) BORNITE PROJECT.— areas in the Opal Creek Wilderness and the ty, Oregon, and shall be designated by the (1) Nothing in this title shall be construed Opal Creek Scenic Recreation Area. governing body of the county; to interfere with or approve any exploration, (d) TRANSPORTATION PLANNING.— (2) 1 member shall represent Clackamas mining, or mining-related activity in the (1) IN GENERAL.—Except as provided in this County, Oregon and shall designated by the Bornite Project Area, depicted on the map subparagraph, motorized vehicles shall not governing body of the county; described in subsection 102(3), conducted in be permitted in the Scenic Recreation Area. (3) 1 member shall represent the State of accordance with applicable laws. To maintain reasonable motorized and other Oregon and shall be designated by the gov- (2) Nothing in this title shall be construed access to recreation sites and facilities in ex- ernor of Oregon; and to interfere with the ability of the Secretary istence on the date of enactment of this (4) 1 member shall represent the City of to approve and issue, or deny, special use title, the Secretary shall prepare a transpor- Salem, and shall be designated by the mayor permits in connection with exploration, min- tation plan for the Scenic Recreation Area of Salem, Oregon; ing, and mining-related activities in the that: (5) 1 member from a city within a 25 mile Bornite Project Area. (A) evaluates the road network within the radius of the Opal Creek Scenic Recreation (3) Motorized vehicles, roads, structures, Scenic Recreation Area to determine which Area, to be designated by the governor of the and utilities (including but not limited to roads shall be retained and which roads State of Oregon from a list of candidates pro- power lines and water lines) may be allowed should be closed; vided by the mayors of the cities located inside the Scenic Recreation Area to serve (B) provides guidelines for transportation within a 25 mile radius of the Opal Creek the activities conducted on land within the and access consistent with this title; Scenic Recreation Area; and (C) considers the access needs of persons Bornite Project. (6) not more than 8 members shall be ap- with disabilities in preparing the transpor- (4) After the date of enactment of this pointed by the Secretary from among per- tation plan for the Scenic Recreation Area; title, no patent shall be issued for any min- sons who, individually or through associa- (D) allows forest road 2209 beyond the gate ing claim under the general mining laws lo- tion with a national or local organization, to the Scenic Recreation Area, as depicted cated within the Bornite Project Area. have an interest in the administration of the on the map described in 102(2), to be used by (i) WATER IMPOUNDMENTS.—Notwith- Scenic Recreation Area, including, but not motorized vehicles only for administrative standing the Federal Power Act (16 U.S.C. limited to, representatives of the timber in- purposes and for access by private inholders, 791a et seq.), the Federal Energy Regulatory dustry, environmental organizations, the subject to such terms and conditions as the Commission may not license the construc- mining industry, inholders in the Opal Creek Secretary may determine to be necessary; tion of any dam, water conduit, reservoir, Wilderness and Scenic Recreation Area, eco- and powerhouse, transmission line, or other nomic development interests and Indian (E) restricts construction on or improve- project work in the Scenic Recreation Area, Tribes. ments to forest road 2209 beyond the gate to except as may be necessary to comply with (c) STAGGERED TERMS.—Members of the ad- the Scenic Recreation Area to maintaining the provisions of subsection 105(h) with re- visory council shall serve for staggered the character of the road as it existed upon gard to the Bornite Project. terms of three years. the date of enactment of this title, which (j) CULTURAL AND HISTORIC RESOURCE IN- (d) CHAIRMAN.—The Secretary shall des- shall not include paving or widening. In VENTORY.— ignate one member of the advisory council as order to comply with subsection 107(b) of (1) IN GENERAL.—Not later than 1 year after chairman. this title, the Secretary may make improve- the date of establishment of the Scenic (e) VACANCIES.—The Secretary shall fill a ments to forest road 2209 and its bridge Recreation Area, the Secretary shall review vacancy on the advisory council in the same structures consistent with the character of and revise the inventory of the cultural and manner as the original appointment. the road as it existed on the date of enact- historic resources on the public land in the (f) COMPENSATION.—Members of the advi- ment of this title. Scenic Recreation Area developed pursuant sory council shall receive no compensation (e) HUNTING AND FISHING.— to the Oregon Wilderness Act of 1984 (Public for service on the advisory council. (1) IN GENERAL.—Subject to applicable Fed- Law 98–328; U.S.C. 1132). eral and State law, the Secretary shall per- (2) INTERPRETATION.—Interpretive activi- SEC. 107. GENERAL PROVISIONS. mit hunting and fishing in the Scenic Recre- ties shall be developed under the manage- (a) LAND ACQUISITION.— ation Area. ment plan in consultation with State and (1) IN GENERAL.—Subject to the other pro- (2) LIMITATION.—The Secretary may des- local historic preservation organizations and visions of this title the Secretary may ac- ignate zones in which, and establish periods shall include a balanced and factual inter- quire any lands or interests in land in the when, no hunting or fishing shall be per- pretation of the cultural, ecological, and in- Scenic Recreation Area or the Opal Creek mitted for reasons of public safety, adminis- dustrial history of forestry and mining in Wilderness that the Secretary determines tration or public use and enjoyment of the the Scenic Recreation Area. are needed to carry out this title. Scenic Recreation Area. (k) PARTICIPATION.—So that the knowl- (2) PUBLIC LAND.—Any lands or interests in (3) CONSULTATION.—Except during an emer- edge, expertise, and views of all agencies and land owned by a State or a political subdivi- gency, as determined by the Secretary, the groups may contribute affirmatively to the sion of a State may be acquired only by do- Secretary shall consult with the Oregon most sensitive present and future use of the nation or exchange. State Department of Fish and Wildlife before Scenic Recreation Area and its various sub- (3) CONDEMNATION.—Within the boundaries issuing any regulation under this subsection. areas for the benefit of the public: of the Opal Creek Wilderness or the Scenic (f) TIMBER CUTTING.— (1) ADVISORY COUNCIL.—The Secretary shall Recreation Area, the Secretary may not ac- (1) IN GENERAL.—Subject to paragraph (2), consult on a periodic and regular basis with quire any privately owned land or interest in the Secretary shall prohibit the cutting and/ the advisory council established under sec- land without the consent of the owner unless or selling of trees in the Scenic Recreation tion 106 with respect to matters relating to the Secretary finds that— Area. management of the Scenic Recreation Area. (A) the nature of land use has changed sig- (2) PERMITTED CUTTING.— (2) PUBLIC PARTICIPATION.—The Secretary nificantly, or the landowner has dem- (A) IN GENERAL.—Subject to subparagraph shall seek the views of private groups, indi- onstrated intent to change the land use sig- (B), the Secretary may allow the cutting of viduals, and the public concerning the Sce- nificantly, from the use that existed on the trees in the Scenic Recreation Area only— nic Recreation Area. date of the enactment of this title; and (i) for public safety, such as to control the (3) OTHER AGENCIES.—The Secretary shall (B) acquisition by the Secretary of the continued spread of a forest fire in the Sce- seek the views and assistance of, and cooper- land or interest in land is essential to ensure nic Recreation Area or on land adjacent to ate with, any other Federal, State, or local use of the land or interest in land in accord- the Scenic Recreation Area; agency with any responsibility for the zon- ance with the purposes of this title or the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9613 management plan prepared under section (vi) Section 8, Township 17 South, Range 4 section (b) of this section, the State of Or- 105(b). East, SE1⁄4SW1⁄4 (40 acres); egon, in consultation with Marion and (4) Nothing in this title shall be construed (vii) Section 11, Township 17 South, Range Clackamas Counties and the Secretary of to enhance or diminish the condemnation 4 East, W1⁄2NW1⁄4 (80 acres); Agriculture, shall develop a plan for eco- authority available to the Secretary outside (d) EQUAL VALUE.—The land and interests nomic development projects for which grants the boundaries of the Opal Creek Wilderness in land exchanged under this section shall be under this section may be used in a manner or the Scenic Recreation Area. of equal market value as determined by na- consistent with this title and to benefit local (b) ENVIRONMENTAL RESPONSE ACTIONS AND tionally recognized appraisal standards, in- communities in the vicinity of the Opal COST RECOVERY.— cluding, to the extent appropriate, the Uni- Creek area. Such plan shall be based on an (1) RESPONSE ACTIONS.—Nothing in this form Standards for Federal Land Acquisi- economic opportunity study and other ap- title shall limit the authority of the Sec- tion, the Uniform Standards of Professional propriate information. retary or a responsible party to conduct an Appraisal Practice, or shall be equalized by (b) FUNDS PROVIDED TO THE STATES FOR environmental response action in the Scenic way of payment of cash pursuant to the pro- GRANTS.—Upon completion of the Opal Creek Recreation Area in connection with the re- visions of section 206(d) of the Federal Land Management Plan, and receipt of the plan re- lease, threatened release, or cleanup of a Policy and Management Act of 1976 (43 ferred to in subsection (a) of this section, the hazardous substance, pollutant, or contami- U.S.C. 1716(d)), and other applicable law. The Secretary shall provide, subject to appro- nant, including a response action conducted appraisal shall consider access costs for the priations, $15,000,000 to the State or Oregon. under the Comprehensive Environmental Re- parcels involved. Such funds shall be used to make grants or (e) TIMETABLE.— loans for economic development projects sponse, Compensation, and Liability Act of (1) The exchange directed by this section that further the purposes of this title and 1980 (42 U.S.C. 9601 et seq.). shall be consummated not later than 120 benefit the local communities in the vicinity (2) LIABILITY.—Nothing in this title shall days after the date Rosboro offers and con- limit the authority of the Secretary or a re- veys the property described in subsection (b) of Opal Creek. (c) REPORT.—The State of Oregon shall— sponsible party to recover costs related to to the United States. (1) prepare and provide the Secretary and the release, threatened release, or cleanup of (2) The authority provided by this section Congress with an annual report on the use of any hazardous substance or pollutant or con- shall lapse if Rosboro fails to offer the land taminant in the Scenic Recreation Area. described in subsection (b) within two years the funds made available under this section; (2) make available to the Secretary and to (c) MAPS AND DESCRIPTION.— after the date of enactment of this title. (1) IN GENERAL.—As soon as practicable (3) Rosboro shall have the right to chal- Congress, upon request, all accounts, finan- after the date of enactment of this title, the lenge in United States District Court for the cial records, and other information related Secretary shall file a map and a boundary District of Oregon a determination of mar- to grants and loans made available pursuant description for the Opal Creek Wilderness ketability under subsection (a) and a deter- to this section; and and for the Scenic Recreation Area with the mination of value for the lands described in (3) as loans are repaid, make additional Committee on Resources of the House of subsections (b) and (c) by the Secretary of grants and loans with the money made avail- Representatives and the Committee on En- Agriculture. The Court shall have the au- able for obligation by such repayments. ergy and Natural Resources of the Senate. thority to order the Secretary to complete TITLE II—UPPER KLAMATH BASIN (2) FORCE AND EFFECT.—The boundary de- the transaction contemplated in this Sec- SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL scription and map shall have the same force tion. RESTORATION PROJECTS. and effect as if the description and map were (f) AUTHORIZATION OF APPROPRIATIONS.— (a) DEFINITIONS.—In this section: included in this title, except that the Sec- There are authorized to be appropriated such (1) ECOSYSTEM RESTORATION OFFICE.—The retary may correct clerical and typo- sums as are necessary to carry out this sec- term ‘‘Ecosystem Restoration Office’’ means graphical errors in the boundary description tion. the Klamath Basin Ecosystem Restoration and map. SEC. 109. DESIGNATION OF ELKHORN CREEK AS Office operated cooperatively by the United (3) AVAILABILITY.—The map and boundary A WILD AND SCENIC RIVER. States Fish and Wildlife Service, Bureau of description shall be on file and available for Section 3(a) of the Wild and Scenic Rivers Reclamation, Bureau of Land Management, public inspection in the Office of the Chief of Act (16 U.S.C. 1274(a)) is amended by adding and Forest Service. the Forest Service, Department of Agri- at the end the following: (2) WORKING GROUP.—The term ‘‘Working culture. ‘‘( )(A) ELKHORN CREEK.—The 6.4 mile seg- Group’’ means the Upper Klamath Basin (d) Nothing in this title shall interfere ment traversing federally administered lands Working Group, established before the date with any activity for which a special use per- from that point along the Willamette Na- of enactment of this title, consisting of mit has been issued, has not been revoked, tional Forest boundary on the common sec- members nominated by their represented and has not expired, before the date of enact- tion line between Sections 12 and 13, Town- groups, including: ment of this title, subject to the terms of the ship 9 South, Range 4 East, Willamette Me- (A) 3 tribal members; permit. ridian, to that point where the segment (B) 1 representative of the city of Klamath leaves federal ownership along the Bureau of Falls Oregon; SEC. 108. ROSBORO LAND EXCHANGE. Land Management boundary in Section 1, (C) 1 representative of Klamath County, (a) AUTHORIZATION.—Notwithstanding any Township 9 South, Range 3 East, Willamette Oregon; other law, if the Rosboro Lumber Company Meridian, in the following classes: (D) 1 representative of institutions of high- (referred to in this section as ‘‘Rosboro’’) of- (i) a 5.8-mile wild river area, extending er education in the Upper Klamath Basin; fers and conveys marketable title to the from that point along the Willamette Na- (E) 4 representatives of the environmental United States to the land described in sub- tional Forest boundary on the common sec- community, including at least one such rep- section (b), the Secretary of Agriculture tion line between Sections 12 and 13, Town- resentative from the State of California with shall convey all right, title and interest held ship 9 South, Range 4 East, Willamette Me- interests in the Klamath Basin National by the United States to sufficient lands de- ridian, to its confluence with Buck Creek in Wildlife Refuge Complex; scribed in subsection (c) to Rosboro, in the Section 1, Township 9 South, Range 3 East, (F) 4 representatives of local businesses order in which they appear in subsection (c), Willamette Meridian, to be administered as and industries, including at least one rep- as necessary to satisfy the equal value re- agreed on by the Secretaries of Agriculture resentative of the wood products industry quirements of subsection (d). and the Interior, or as directed by the Presi- and one representative of the ocean commer- (b) LAND TO BE OFFERED BY ROSBORO.—The dent; and cial fishing industry and/or the recreational land referred to in subsection (a) as the land (ii) a 0.6-mile scenic river area, extending fishing industry based in either Oregon or to be offered by Rosboro shall comprise Sec- from the confluence with Buck Creek in Sec- California; tion 36, Township 8 South, Range 4 East, Wil- tion 1, Township 9 South, Range 3 East, Wil- (G) 4 representatives of the ranching and lamette Meridian. lamette Meridian, to that point where the farming community, including representa- (c) LAND TO BE CONVEYED BY THE UNITED segment leaves federal ownership along the tives of federal lease-land farmers and ranch- STATES.—The land referred to in subsection Bureau of Land Management boundary in ers and of private land farmers and ranchers (a) as the land to be conveyed by the United Section 1, Township 9 South, Range 3 East, in the Upper Klamath Basin; States shall comprise sufficient land from Willamette Meridian, to be administered by (H) 2 representatives from State of Oregon the following prioritized list to be of equal the Secretary of Interior, or as directed by agencies with authority and responsibility in value under subparagraph (d): the President. the Klamath River Basin, including one from (i) Section 5, Township 17 South, Range 4 (B) Notwithstanding Section 3(b) of this the Oregon Department of Fish and Wildlife East, Lot 7 (37.63 acres); Act, the lateral boundaries of both the wild and one from the Oregon Water Resources (ii) Section 2, Township 17 South, Range 4 river area and the scenic river area along Department; East, Lot 3 (29.28 acres); Elkhorn Creek shall include an average of (I) 4 representatives from the local commu- (iii) Section 13, Township 17 South, Range not more than 640 acres per mile measured nity; 4 East, S1⁄2SE1⁄4 (80 acres); from the ordinary high water mark on both (J) 1 representative each from the fol- (iv) Section 2, Township 17 South, Range 4 sides of the river.’’ lowing federal resource management agen- East, SW1⁄4SW1⁄4 (40 acres); SEC. 110. ECONOMIC DEVELOPMENT. cies in the Upper Klamath Basin: Fish and (v) Section 2, Township 17 South, Range 4 (A) ECONOMIC DEVELOPMENT PLAN.—As a Wildlife Service, Bureau of Reclamation, Bu- East, NW1⁄4SE1⁄4 (40 acres); condition for receiving funding under sub- reau of

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Land Management, Bureau of Indian Affairs, (e) TERMS AND VACANCIES.—Working Group (2) The Working Group will accept dona- Forest Service, Natural Resources Conserva- members shall serve for three-year terms, tions, grants or other funds and place such tion Service, National Marine Fisheries beginning on the date of enactment of this funds received into a trust fund, to be ex- Service and Ecosystem Restoration Office; title. Vacancies which occur for any reason pended on ecological restoration projects and after the date of enactment of this title shall which, when involving federal land or funds, (K) 1 representative of the Klamath County be filled by direct appointment of the gov- are approved by the affected Federal agency. Soil and Water Conservation District. ernor of the State of Oregon, in consultation (3) The Bureau of Reclamation shall pay (3) SECRETARY.—The term ‘‘Secretary’’ with nominations from the appropriate from funds authorized under subsection (g) of means the Secretary of the Interior. groups, interests, and government agencies this title up to 50 percent of the cost of per- (4) TASK FORCE.—The term ‘‘Task Force’’ outlined in subsection (a)(2). forming any project proposed by the Work- means the Klamath River Basin Fisheries (f) RIGHTS, DUTIES, AND AUTHORITIES UNAF- ing Group and approved by the Secretary, up Task Force as established by the Klamath FECTED.—The Working Group will supple- to a total amount of $1,000,000 during each of River Basin Fishery Resource Restoration ment, rather than replace, existing efforts to the fiscal years 1997 through 2001. Act (P.L. 99–552, 16 U.S.C. 460ss–3, et seq.). manage the natural resources of the (4) Non-federal contributions to project (5) COMPACT COMMISSION.—The term ‘‘Com- Deschutes Basin. Nothing in this title affects costs for purposes of computing the federal pact Commission’’ means the Klamath River any legal right, duty or authority of any per- matching share under paragraph (3) of this Basin Compact Commission created pursuant son or agency, including any member of the subsection may include in-kind contribu- to the Klamath River Company Act of 1954. working group. (6) CONSENSUS.—The term ‘‘consensus’’ tions. (g) AUTHORIZATION OF APPROPRIATIONS.— means a unanimous agreement by the Work- There are authorized to be appropriated to (5) Funds authorized in subsection (g) of ing Group members present and consisting of carry out this title $1,000,000 for each of fis- this title shall be maintained in and distrib- at least a quorum at a regularly scheduled cal year 1997 through 2002. uted by the Bureau of Reclamation in the business meeting. Department of the Interior. The Bureau of TITLE III—DESCHUTES BASIN. (7) QUORUM.—The term ‘‘quorum’’ means Reclamation shall not expend more than 5 one more than half of those qualified Work- SEC. 301. DESCHUTES BASIN ECOSYSTEM RES- percent of amounts appropriated pursuant to ing Group members appointed and eligible to TORATION PROJECTS. subsection (h) for Federal administration of (a) DEFINITIONS.—In this section: serve. such appropriations pursuant to this title. (8) TRINTY TASK FORCE.—The term ‘‘Trinity (1) WORKING GROUP.—The term ‘‘Working (6) The Bureau of Reclamation is author- Task Force’’ means the Trinity River Res- Group’’ means the Deschutes River Basin ized to provide by grant to the Working toration Task Force created by P.L. 98–541, Working Group established before the date of Group not more than 5 percent of funds ap- as amended by P.L. 104–143. enactment of this title, consisting of mem- propriated pursuant to subsection (g) of this (b) IN GENERAL.— bers nominated by their represented groups, (1) The Working Group through the Eco- including: title for not more than 50 percent of adminis- system Restoration Office, with technical as- (A) 5 representatives of private interests trative costs relating to the implementation sistance from the Secretary, will propose ec- including one each from hydroelectric pro- of this title. ological restoration projects, economic de- duction, livestock grazing, timber, land de- (7) The Federal agencies with authority velopment and stability projects, and velopment, and recreation/tourism; and responsibility in the Deschutes River projects designed to reduce the impacts of (B) 4 representatives of private interests Basin shall provide technical assistance to drought conditions to be undertaken in the including two each from irrigated agri- the Working Group and shall designate rep- Upper Klamath Basin based on a consensus culture and the environmental community; resentatives to serve as members of the of the Working Group membership. (C) 2 representatives from the Confed- Working Group. (2) The Secretary shall pay, to the greatest erated Tribes of the Warm Springs Reserva- (8) All funding recommendations developed extent feasible, up to 50 percent of the cost tion of Oregon; by the Working Group shall be based on a of performing any project approved by the (D) 2 representatives from Federal agencies consensus of the Working Group members. with authority and responsibility in the Secretary or his designee, up to a total UBLIC NOTICE AND PARTICIPATION.—The Deschutes River Basin, including one from (c) P amount of $1,000,000 during each of fiscal Working Group shall conduct all meetings the Department of the Interior and one from years 1997 through 2001. subject to applicable open meeting and pub- (3) Funds made available under this title the Agriculture Department; lic participation laws. The chartering re- through the Department of the Interior or (E) 2 representatives from the State of Or- quirements of 5 U.S.C. App 2 ss 1–15 are here- the Department of Agriculture shall be dis- egon agencies with authority and responsi- by deemed to have been met by this section. tributed through the Ecosystem Restoration bility in the Deschutes River Basin, includ- Office. ing one from the Oregon Department of Fish (d) PRIORITIES.—The Working Group shall (4) The Ecosystem Restoration Office may and Wildlife and one from the Oregon Water give priority to voluntary market-based eco- utilize not more than 15 percent of all federal Resources Department; and nomic incentives for ecosystem restoration funds administered under this section for ad- (F) 4 representatives from county or city including, but not limited to, water leases ministrative costs relating to the implemen- governments within the Deschutes River and purchases; land leases and purchases; tation of this title. Basin county and/or city governments. tradable discharge permits; and acquisition (5) All funding recommendations developed (2) SECRETARY.—the term ‘‘Secretary’’ of timber, grazing, and land development by the Working Group shall be based on a means the Secretary of the Interior. rights to implement plans, programs, meas- consensus of Working Group members. (3) FEDERAL AGENCIES.—The term ‘‘Federal ures, and projects. (c) COORDINATION.— agencies’’ means agencies and departments (e) TERMS AND VACANCIES.—Members of the (1) The Secretary shall formulate a cooper- of the United States, including, but not lim- Working Group representing governmental ative agreement among the Working Group, ited to, the Bureau of Reclamation, Bureau agencies or entities shall be named by the the Task Force, the Trinity Task Force and of Indian Affairs, Bureau of Land Manage- represented government agency. Members of the Compact Commission for the purposes of ment, Fish and Wildlife Service, Forest Serv- the Working Group representing private in- ensuring that projects proposed and funded ice, Natural Resources Conservation Service, terests shall be named in accordance with through the Working Group are consistent Farm Services Agency, the National Marine the articles of incorporation and bylaws of with other basin-wide fish and wildlife res- Fisheries Service, and the Bonneville Power the Working Group. Representatives from toration and conservation plans, including Administration. federal agencies will serve for terms of 3 but not limited to plans developed by the (4) CONSENSUS.—The term ‘‘consensus’’ years. Vacancies which occur for any reason Task Force and the Compact Commission. means a unanimous agreement by the Work- after the date of enactment of this title shall (2) To the greatest extent practicable, the ing Group members present and constituting be filled in accordance with this title. Working Group shall provide notice to, and at least a quorum at a regularly scheduled (f) ADDITIONAL PROJECTS.—Where existing accept input from, two members each of the business meeting. authority and appropriations permit, Fed- Task Force, the Trinity Task Force, and the (5) QUORUM.—The term ‘‘quorum’’ means eral agencies may contribute to the imple- Compact Commission, so appointed by those one more than half of those qualified Work- mentation of projects recommended by the entities, for the express purpose of facili- ing Group members appointed and eligible to Working Group and approved by the Sec- tating better communication and coordina- serve. retary. tion regarding additional basin-wide fish and (b) IN GENERAL.— wildlife and ecosystem restoration and plan- (1) The Work Group will propose ecological (g) RIGHTS, DUTIES AND AUTHORITIES UNAF- ning efforts. The roles and relationships of restoration projects on both Federal and FECTED.—The Working Group will supple- the entities involved shall be clarified in the non-federal lands and waters to be under- ment, rather than replace, existing efforts to cooperative agreement. taken in the Deschutes River Basin based on manage the natural resources of the (d) PUBLIC MEETINGS.—The Working Group a consensus of the Working Group, provided Deschutes Basin. Nothing in this title affects shall conduct all meetings subject to appli- that such projects, when involving Federal any legal right, duty or authority of any per- cable open meeting and public participation land or funds, shall be proposed to the Bu- son or agency, including any member of the laws. They chartering requirements of 5 reau of Reclamation in the Department of Working Group. U.S.C. App 2 ss 1–15 are hereby deemed to the Interior and any other Federal agency (h) AUTHORIZATION OF APPROPRIATIONS.— have been met by this section. with affected land or funds. There are authorized to be appropriated to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00160 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9615 carry out this title $1,000,000 for each of fis- T. 2 S., R. 6 E., sec. 14, shall remain closed California Railroad and reconveyed Coos Bay cal years 1997 through 2001. and locked to protect resources and prevent Wagon Road grant land situated in the State TITLE IV—MOUNT HOOD CORRIDOR illegal dumping and vandalism. Access to of Oregon’’ (the O & C Act), approved August 28, 1937 (43 U.S.C. 1181a et seq.), the Secretary SEC. 401. LAND EXCHANGE. this road shall be limited to— (1) Federal and State officers and employ- may redesignate, from public domain lands (a) AUTHORIZATION.—Notwithstanding any other law, if Longview Fibre Company (re- ees acting in an official capacity; within the Tribe’s service area, as defined in ferred to in this section as ‘‘Longview’’) of- (2) employees and contractors conducting this Act, certain lands to be subject to the O & C Act. Lands redesignated under this sub- fers and conveys title that is acceptable to authorized activities associated with the paragraph shall not exceed lands sufficient the United States to some or all of the land telecommunication-sites located in T. 2 S., to constitute equivalent timber value as described in subsection (b), the Secretary of R. 6 E., sec. 14; and compared to lands constituting the Coquille the Interior (referred to in this section as (3) the general public for recreational pur- Forest. the ‘‘Secretary’’) shall convey to Longview poses, except that all motorized vehicles will (5) MANAGEMENT.—The Secretary of Inte- title to some or all of the land described in be prohibited. (j) NEPA EXEMPTION.—The National Envi- rior, acting through the Assistant Secretary subsection (c), as necessary to satisfy the re- ronmental Policy Act of 1969 (P.L. 91–190) for Indian Affairs shall manage the Coquille quirements of subsection (d). shall not apply to this section for one year Forest under applicable State and Federal (b) LAND TO BE OFFERED BY LONGVIEW.— after the date of enactment of this title. forestry and environmental protection laws, The land referred to in subsection (a) as the and subject to critical habitat designations land to be offered by Longview are those (k) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such under the Endangered Species Act, and sub- lands depicted on the map entitled ‘‘Mt. ject to the standards and guidelines of Fed- Hood Corridor Land Exchange Map’’, dated sums as are necessary to carry out this sec- tion. eral forest plans on adjacent or nearby Fed- July 18, 1996. eral lands, now and in the future. The Sec- (c) LAND TO BE CONVEYED BY THE SEC- TITLE V—COQUILLE TRIBAL FOREST retary shall otherwise manage the Coquille RETARY.—The land referred to in subsection SEC. 501. CREATION OF THE COQUILLE FOREST. Forest in accordance with the laws per- (a) as the land to be conveyed by the Sec- (a) The Coquille Restoration Act (P.L. 101– taining to the management of Indian Trust retary are those lands depicted on the map 42) is amended by inserting at the end of sec- lands and shall distribute revenues in accord entitled ‘‘Mt. Hood Corridor Land Exchange tion 5 the following: with PL 101–630, 25 U.S.C. 3107. Map’’, dated July 18, 1996. ‘‘(d) CREATION OF THE COQUILLE FOREST.— (A) Unprocessed logs harvested from the (d) EQUAL VALUE.—The land and interests (1) DEFINITIONS.—In this subsection: Coquille Forest shall be subject to the same in land exchanged under this section— (A) the term ‘‘Coquille Forest’’ means cer- Federal statutory restrictions on export to (1) shall be of equal market value as deter- tain lands in Coos County, Oregon, com- foreign Nations that apply to unprocessed mined by nationally recognized appraisal prising approximately 5,400 acres, as gen- logs harvested from Federal lands. standards, including, to the extent appro- erally depicted on the map entitled (B) Notwithstanding any other provision of priate, the Uniform Standards for Federal ‘‘Coquille Forest Proposal’’, dated July 8, law, all sales of timber from land subject to Land Acquisition, the Uniform Standards of 1996. this subsection shall be advertised, offered Professional Appraisal Practice, or shall be (B) the term ‘‘Secretary’’ means the Sec- and awarded according to competitive bid- equalized by way of payment of cash pursu- retary of Interior. ding practices, with sales being awarded to ant to the provisions of section 206(d) of the (C) the term ‘‘the Tribe’’ means the the highest responsible bidder. Federal Land Policy and Management Act of Coquille Tribe of Coos County, Oregon. (6) INDIAN SELF-DETERMINATION ACT AGREE- 1976 (43 U.S.C. 1716(d)), and other applicable (2) MAP.—The map described in subpara- MENT.—No sooner than two years after the law. graph (d)(1)(A), and such additional legal de- date of enactment of this subsection, the (e) REDESIGNATION OF LAND TO MAINTAIN scriptions which are applicable, shall be Secretary may, upon a satisfactory showing REVENUE FLOW.—So as to maintain the cur- placed on file at the local District Office of of management competence and pursuant to rent flow of revenue from land subject to the the Bureau of Land Management, the Agency the Indian Self-Determination Act (23 U.S.C. Act entitled ‘‘An Act relating to the revested Office of the Bureau of Indian Affairs, and 450 et seq.), enter into a binding Indian self- Oregon and California Railroad and recon- with the Senate Committee on Energy and determination agreement (agreement) with veyed Coos Bay Wagon Road grant land situ- Natural Resources and the House Committee the Coquille Indian Tribe. Such agreement ated in the State of Oregon’’, approved Au- on Resources. may provide for the Tribe to carry out all or gust 28, 1937 (43 U.S.C. 1181a et seq.), the Sec- (3) INTERIM PERIOD.—From the date of en- a portion of the forest management for the retary may redesignate public domain land actment of this subsection until two years Coquille Forest. located in and west of Range 9 East, Willam- after the date of enactment of this sub- (A) Prior to entering such an agreement, ette Meridian, Oregon, as land subject to section, the Bureau of Land Management and as a condition of maintaining such an that Act. shall: agreement, the Secretary must find that the (f) TIMETABLE.—The exchange directed by (A) retain federal jurisdiction for the man- Coquille Tribe has entered into a binding this section shall be consummated not later agement of lands designated under this sub- memorandum of agreement (MOA) with the than 1 year after the date of enactment of section as the Coquille Forest and continue State of Oregon, as required under paragraph this title. 7. to distribute revenues from such lands in a (g) WITHDRAWAL OF LANDS.—All lands man- (B) The authority of the Secretary to re- manner consistent with existing law; and, aged by the Department of the Interior, Bu- scind the Indian self-determination agree- (B) prior to advertising, offering or award- reau of Land Management, located in Town- ment shall not be encumbered. ing any timber sale contract on lands des- ships 2 and 3 South, Ranges 6 and 7 East, Wil- (i) The Secretary shall rescind the agree- ignated under his subsection as the Coquille lamette Meridian, which can be seen from ment upon a demonstration that the Tribe Forest, obtain the approval of the Assistant the right-of-way of U.S. Highway 26 (in this and the State of Oregon are no longer en- Secretary for Indian Affairs, acting on behalf section, such lands are referred to as the gaged in a memorandum of agreement as re- of and in consultation with the Tribe. ‘‘Mt. Hood Corridor Lands’’), shall be man- quired under paragraph 7. (4) TRANSITION PLANNING AND DESIGNA- aged primarily for the protection or en- (ii) The Secretary may rescind the agree- TION.— hancement of scenic qualities. Management ment on a showing that the Tribe has man- (A) During the two year interim period prescriptions for other resource values asso- aged the Coquille Forest in a manner incon- provided for in paragraph (3), the Assistant ciated with these lands shall be planned and sistent with this subsection, or the Tribe is Secretary for Indian Affairs, acting on behalf conducted for purposes other than timber no longer managing, or capable of managing, of and in consultation with Tribe, is author- harvest, so as not to impair the scenic quali- the Coquille Forest in a manner consistent ized to initiate development of a forest man- ties of the area. with this subsection. agement plan for the Coquille Forest. The (h) TIMBER CUTTING.—Timber cutting may (7) MEMORANDUM OF AGREEMENT.—The be conducted on Mt. Hood Corridor Lands Secretary, acting through the director of the Coquille Tribe shall enter into a memo- following a resource-damaging catastrophic Bureau of Land Management, shall cooperate randum of agreement (MOA) with the State event. Such cutting may only be conducted and assist in the development of such plan of Oregon relating to the establishment and to achieve the following resource manage- and in the transition of forestry manage- management of the Coquille Forest. The ment objectives, in compliance with the cur- ment operations for the Coquille Forest to MOA shall include, but not be limited to, the rent land use plans— the Assistant Secretary for Indian Affairs. terms and conditions for managing the (1) to maintain safe conditions for the vis- (B) Two years after the date of enactment Coquille Forest in a manner consistent with iting public; of this subsection, the Secretary shall take paragraph (5) of this subsection, preserving (2) to control the continued spread of for- the lands identified under subparagraph public access, advancing jointly-held re- est fire; (d)(1)(A) into trust, and shall hold such lands source management goals, achieving Tribal (3) for activities related to administration in trust, in perpetuity, for the Coquille restoration objectives and establishing a co- of the Mt. Hood Corridor Lands; or Tribe. Such lands shall be thereafter des- ordinated management framework. Further, (4) for removal of hazard trees along trails ignated as the Coquille Forest. provisions set forth in the MOA shall be con- and roadways. (C) So as to maintain the current flow of sistent with federal trust responsibility re- (i) ROAD CLOSURE.—The forest road gate lo- revenue from land subject to the Act entitled quirements applicable to Indian trust lands cated on Forest Service Road 2503, located in ‘‘An Act relating to the revested Oregon and and paragraph (5) of this subsection.

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(8) PUBLIC ACCESS.—The Coquille Forest a delegated Federal authority or a Federal (b) Redesignate subsequent subsection of shall remain open to public access for pur- program, nothing in this subsection shall be PL 95–200 accordingly. poses of hunting, fishing, recreation and construed to enlarge or diminish the State’s SEC. 605. REPORT TO CONGRESS. transportation, except when closure is re- authority under such law. (a) The Secretary of Agriculture shall, in quired by state or federal law, or when the (C) Where both the State of Oregon and the consultation with the city of Portland and Coquille Indian Tribe and the State of Or- United States are regulating, nothing herein other affected parties, undertake a study of egon agree in writing that restrictions on ac- shall be construed to alter their respective that part of the Little Sandy Watershed that cess are necessary or appropriate to prevent authorities. is within the unit (hereinafter referred to as harm to natural resources, cultural re- (D) To the extent that federal law author- the ‘‘study area’’), as depicted on the map sources or environmental quality; Provided izes the Coquille Indian Tribe to assume reg- described in Section 604 of this title. That, the State of Oregon’s agreement shall ulatory authority over an area, nothing (b) The study referred to in (a) shall deter- not be required when immediate action is herein shall be construed to enlarge or di- mine— necessary to protect archaeological re- minish the Tribe’s authority to do so under (1) the impact of management activities sources. such law. within the study area on the quality of (9) JURISDICTION.— (E) Unless and except to the extent that drinking water provided to the Portland (A) The U.S. District Court for the District the Tribe has assumed jurisdiction over the Metropolitan area; of Oregon shall have jurisdiction over ac- Coquille Forest pursuant to Federal law, or (2) the identity and location of certain eco- tions against the Secretary arising out of otherwise with the consent of the State, the logical features within the study area, in- claims that this subsection has been vio- State of Oregon shall have jurisdiction and cluding late successional forest characteris- lated. Any affected citizen may bring suit authority to enforce its laws addressing the tics, aquatic and terrestrial wildlife habitat, against the Secretary for violations of this subjects listed in subparagraph 10 of this significant hydrological values, or other out- subsection, except that suit may not be subsection on the Coquille Forest against standing natural features; and brought against the Secretary for claims the Coquille Indian Tribe, its members and (3) the location and extent of any signifi- that the MOA has been violated. The Court all other persons and entities, in the same cant cultural or other values within the has the authority to hold unlawful and set manner and with the same remedies and pro- study area. aside actions pursuant to this subsection tections and appeal rights as otherwise pro- (c) The study referred to in subsection (a) that are arbitrary and capricious, an abuse vided by general Oregon law. Where the shall include both legislative and regulatory of discretion, or otherwise an abuse of law. State of Oregon and Coquille Indian Tribe recommendations to Congress on the future (B) The U.S. District Court for the District agree regarding the exercise of tribal civil management of the study area. In formu- of Oregon shall have jurisdiction over ac- regulatory jurisdiction over activities on the lating such recommendations, the Secretary tions between the State of Oregon and the Coquille Forest lands, the Tribe may exer- shall consult with the city of Portland and Tribe arising out of claims of breach of the cise such jurisdiction as is agreed upon.’’ other affected parties. MOA. (12) In the event of a conflict between Fed- (d) To the greatest extent possible, the (C) Unless otherwise provided for by law, eral and State law under this subsection, Secretary shall use existing data and proc- remedies available under this subsection Federal law shall control. esses to carry out this study and report. shall be limited to equitable relief and shall TITLE VI—BULL RUN WATERSHED (e) The study referred to in subsection (a) not include damages. PROTECTION shall be submitted to the Senate Committees (10) STATE REGULATORY AND CIVIL JURISDIC- SEC. 601. The first sentence of Section 2(a) on Energy and Natural Resources and Agri- TION.—In addition to the jurisdiction de- culture and the House Committees on Re- scribed in paragraph 7 of this subsection, the of Public Law 95–200 is amended after ‘‘re- sources and Agriculture not later than one State of Oregon may exercise exclusive regu- ferred to in this subsection (a)’’ by striking year from the date of enactment of this sec- latory civil jurisdiction, including but not ‘‘2(b)’’ and inserting in lieu thereof ‘‘2(c)’’. SEC. 602. The first sentence of Section 2(b) tion. limited to adoption and enforcement of ad- of PL 95–200 is amended after ‘‘the policy set (f) The Secretary is prohibited from adver- ministrative rules and orders, over the fol- forth in subsection (a)’’ by inserting ‘‘and tising, offering or awarding any timber sale lowing subjects: within the study area for a period of two (A) management, allocation and adminis- (b)’’. years after the date of enactment of this sec- tration of fish and wildlife resources, includ- SEC. 603. Section 2(b) of PL 95–200 is redes- tion. ing but not limited to establishment and en- ignated as ‘‘2(c)’’. SEC. 604. (a) Public Law 95–200 is amended (g) Nothing in this section shall in any way forcement of hunting and fishing seasons, by adding a new subsection 2(b) immediately affect any State or Federal law governing bag limits, limits on equipment and meth- after subsection 2(a), as follows: appropriation, use of or Federal right to ods, issuance of permits and licenses, and ap- ‘‘(b) TIMBER CUTTING.— water on or flowing through National Forest proval or disapproval of hatcheries, game ‘‘(1) IN GENERAL.—Subject to paragraph (2), System lands. Nothing in this section is in- farms, and other breeding facilities: Provided the Secretary of Agriculture shall prohibit tended to influence the relative strength of That, nothing herein shall be construed to the cutting of trees in that part of the unit competing claims to the waters of the Little permit the State of Oregon to manage fish or consisting of the hydrographic boundary of Sandy River. Nothing in this section shall be wildlife habitat on Coquille Forest lands; the Bull Run River Drainage, including cer- (B) allocation and administration of water construed to expand or diminish Federal, tain lands within the unit and located below rights, appropriation of water and use of State, or local jurisdiction, responsibility, the headworks of the city of Portland, Or- water; interests, or rights in water resources devel- (C) regulation of boating activities, includ- egon’s water storage and delivery project, opment or control, including rights in and ing equipment and registration require- and as depicted in a map dated July 22, 1996 current uses of water resources in the unit. ments, and protection of the public’s right to and entitled ‘‘Bull Run River Drainage’’. SEC. 606. Lands within the Bull Run Man- ‘‘(2) PERMITTED CUTTING.— use the waterways for purposes of boating or agement Unit, as defined in PL 95–200, but ‘‘(A) IN GENERAL.—Subject to subparagraph other navigation; not contained within the Bull Run River (D) fills and removals from waters of the (B), the Secretary of Agriculture shall pro- Drainage, as defined by this title and as de- State, as defined in Oregon law; hibit the cutting of trees in the area de- picted on the map dated July 1996 described (E) protection and management of the scribed in paragraph (1). in Section 604 of this title, shall continue to State’s proprietary interests in the beds and ‘‘(B) PERMITTED CUTTING.—Subject to sub- be managed in accordance with PL 95–200. paragraph (C), the Secretary may only allow banks of navigable waterways; TITLE VII—OREGON ISLANDS the cutting of trees in the area described in (F) regulation of mining, mine reclamation WILDERNESS, ADDITIONS activities, and exploration and drilling for paragraph (1)— ‘‘(i) for the protection or enhancement of SEC. 701. OREGON ISLANDS WILDERNESS, ADDI- oil and gas deposits; TIONS. (G) regulation of water quality, air quality water quality in the area described in para- (a) In furtherance of the purposes of the (including smoke management), solid and graph (1); or Wilderness Act of 1964, certain lands within hazardous waste, and remediation of releases ‘‘(ii) for the protection, enhancement, or the boundaries of the Oregon Islands Na- of hazardous substances; maintenance of water quantity available (H) regulation of the use of herbicides and from the area described in paragraph (1); or tional Wildlife Refuge, Oregon, comprising pesticides; and ‘‘(iii) for the construction, expansion, pro- approximately ninety-five acres and as gen- (I) enforcement of public health and safety tection or maintenance of municipal water erally depicted on a map entitled ‘‘Oregon Is- standards, including standards for the pro- supply facilities; or land Wilderness Additions—Proposed’’ dated tection of workers, well construction and ‘‘(iv) for the construction, expansion, pro- August 1996, are hereby designated as wilder- codes governing the construction of bridges, tection or maintenance of facilities for the ness. The map shall be on file and available buildings, and other structures. transmission of energy through and over the for public inspection in the offices of the (11) SAVINGS CLAUSE, STATE AUTHORITY.— unit or previously authorized hydroelectric Fish and Wildlife Service, Department of In- (A) Nothing in this subsection shall be con- facilities or hydroelectric projects associated terior. strued to grant Tribal authority over private with municipal water supply facilities. (b) All other Federally-owned named, or State-owned lands. ‘‘(C) SALVAGE SALES.—The Secretary of Ag- unnamed, surveyed and unsurveyed rocks, (B) To the extent that the State of Oregon riculture may not authorize a salvage sale in reefs, islets and islands lying within three is regulating the foregoing areas pursuant to the area described in paragraph (1).’’ geographic miles off the coast of Oregon and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9617 above mean high tide, not currently des- change opportunities in the basin and out- 1559) to make technical corrections to ignated as wilderness and also within the Or- lines either a specific land exchange proposal title 11, United States Code, and for egon Islands National Wildlife Refuge bound- or proposals which may merit consideration other purposes; as follows: aries under the administration of the U.S. by the Secretaries or the Congress, or ideas On page 9 of the Committee amendment, Fish and Wildlife Service, Department of In- and recommendations for new authoriza- strike lines 11 through 17 and insert the fol- terior, as designated by Executive Order 7035, tions, direction, or changes in existing law lowing: Proclamation 2416, Public Land Orders 4395, or policy to expedite and facilitate the con- (1) in subsection (f)(1)(A)— 4475 and 6287, and Public Laws 91–504 and 95– summation of beneficial land exchanges in (A) in the matter preceding clause (i), by 450, are hereby designated as wilderness. the basin via administrative means. striking ‘‘; or’’ at the end; and (c) All Federally-owned named, unnamed, (b) MATTERS FOR SPECIFIC STUDY.—In ana- (B) in clause (ii), by striking the period at surveyed and unsurveyed rocks, reefs, islets lyzing land exchange opportunities with the end and inserting ‘‘; or’’; and and islands lying within three geographic ULEP, the Secretaries shall give priority to (2) in subsection (g)(2), by striking ‘‘sub- miles off the coast of Oregon and above mean assisting ULEP’s ongoing efforts in— section (f)(2)’’ and inserting ‘‘subsection high tide, and presently under the jurisdic- (1) studying, identifying and mapping areas (f)(1)(B)’’. tion of the Bureau of Land Management, are where the consolidation of land ownership hereby designated as wilderness, shall be- via land exchanges could promote the goals come part of the Oregon Islands National of long term species protection, including COVERDELL AMENDMENT NO. 5152 Wildlife Refuge and the Oregon Islands Wil- the goals of the Endangered Species Act of Mr. STEVENS (for Mr. COVERDELL) derness and shall be under the jurisdiction of 1973 more effectively than current land own- proposed an amendment to the bill, S. the U.S. Fish and Wildlife Service, Depart- ership patterns and whether any changes in 1559, supra; as follows: ment of the Interior. law or policy applicable to such lands after At the appropriate place in the Committee (d) As soon as practicable after this title consummation of an exchange would be ad- amendment, insert the following new sec- takes effect, a map of the wilderness area visable or necessary to achieve such goals; tion: and a description of its boundaries shall be (2) studying, identifying and mapping areas filed with the Senate Committee on Energy where land exchanges might be utilized to SEC. . ENFORCEMENT OF CHILD SUPPORT. Section 362(b)(1) of title 11, United States and Natural Resources and the House Com- better satisfy the goals of sustainable timber Code is amended by inserting before the mittee on Resources, and such map shall harvest, including studying whether changes semicolon the following: ‘‘(including the have the same force and effect as if included in existing law or policy applicable to such criminal enforcement of a judicial order re- in this title; provided, however, that cor- lands after consummation of an exchange quiring the payment of child support)’’. recting clerical and typographical errors in would be advisable or necessary to achieve the map and land descriptions may be made. such goals; (e) Public Land Order 6287 of June 16, 1982, (3) identifying issues and studying options KOHL AMENDMENT NO. 5153 which withdrew certain rocks, reefs, islets and alternatives, including possible changes Mr. STEVENS (for Mr. KOHL) pro- and islands lying within three geographical in existing law or policy, to insure that com- posed an amendment to the bill, S. miles off the coast of Oregon and above mean bined post-exchange revenues to units of 1559, supra; as follows: high tide, including the ninety-five acres de- local government from state and local prop- scribed in subsection (a), as an addition to erty, severance and other taxes or levies and At the appropriate place, insert the fol- the Oregon Islands National Wildlife Refuge shared Federal land receipts will approxi- lowing new section: is hereby made permanent. mate pre-exchange revenues; SEC. . LIMITATION. TITLE VIII—UMPQUA RIVER LAND (4) identifying issues and studying whether Section 522 of title 11, United States Code, EXCHANGE STUDY possible changes in law, special appraisal in- as amended by section 9, is further amend- struction, or changes in certain Federal ap- ed— SEC. 801. UMPQUA RIVER LAND EXCHANGE (1) in subsection (b)(2)(A), by inserting STUDY: POLICY AND DIRECTION. praisal procedures might be advisable or nec- ‘‘subject to subsection (n),’’ before ‘‘any (a) IN GENERAL.—The Secretaries of the In- essary to facilitate the appraisal of potential exchange lands which may have special char- property’’; and terior and Agriculture (Secretaries) are here- (2) by adding at the end the following new by authorized and directed to consult, co- acteristics or restrictions affecting land val- ues; subsection: ordinate and cooperate with the Umpqua ‘‘(n) As a result of electing under sub- Land Exchange Project (ULEP), affected (5) identifying issues and studying options and alternatives, including changes in exist- section (b)(2)(A) to exempt property under units and agencies of State and local govern- State or local law, a debtor may not exempt ment, and, as appropriate, the World For- ing laws or policy, for achieving land ex- changes without reducing the net supply of an aggregate interest of more than $500,000 estry Center and National Fish and Wildlife in value in— Foundation, to assist ULEP’s ongoing efforts timber available to small businesses; (6) identifying, mapping, and recom- ‘‘(1) real or personal property that the in studying and analyzing land exchange op- debtor or a dependent of the debtor uses as a portunities in the Umpqua River basin and mending potential changes in land use plans, land classifications, or other actions which residence; to provide scientific, technical, research, ‘‘(2) a cooperative that owns property that might be advisable or necessary to expedite, mapping and other assistance and informa- the debtor or a dependent of the debtor uses facilitate or consummate land exchanges in tion to such entities. Such consultation, co- as a residence; or certain areas; and, ordination and cooperation shall at a min- ‘‘(3) a burial plot for the debtor or a de- (7) analyzing potential sources for new or imum include, but not be limited to: pendent of the debtor.’’. (1) working with ULEP to develop or as- enhanced Federal, state or other funding to promote improved resource protection, spe- semble comprehensive scientific and other GRASSLEY (AND LOTT) information (including comprehensive and cies recovery, and management in the basin. integrated mapping) concerning the Umpqua SEC. 802. REPORT TO CONGRESS. AMENDMENT NO. 5154 River basin’s resources of forest, plants, (a) No later than February 1, 1998, ULEP Mr. STEVENS (for Mr. GRASSLEY, for wildlife, fisheries (anadromous and other), and the Secretaries shall submit a joint re- himself and Mr. LOTT) proposed an recreational opportunities, wetlands, ripar- port to the Committee on Resources of the amendment to the bill, S. 1559, supra; ian habitat and other physical or natural re- United States House of Representatives and as follows: sources; to the Committee on Energy and Natural Re- (2) working with ULEP to identify general sources of the United States Senate con- SECTION 1. or specific areas within the basin where land cerning their studies, findings, recommenda- ‘‘Section 27’’, on page 15, line 3, is redesig- exchanges could promote consolidation of tions, mapping and other activities con- nated ‘‘Section 28’’. timberland ownership for long-term, sus- ducted pursuant to this title. SEC. 2. tained timber production; protection and im- SEC. 803. AUTHORIZATION OF APPROPRIATIONS. On page 15, line 3 insert the following: provement of habitat for plants, fish and (a) In furtherance of the purposes of this ‘‘SEC. 27. STANDING TRUSTEES.’’ wildlife (including any Federally listed title, there is hereby authorized to be appro- (a) Section 330 of Title 11 of the United threatened or endangered species); protec- priated the sum of $2 million, to remain States Code is amended by adding to the end tion of drinking water supplies; recovery of available until expended. thereof the following: threatened and endangered species; protec- ‘‘(e) Upon the request of a trustee ap- tion and improvement of wetlands, riparian f pointed under Section 586(b) of Title 28, and lands and other environmentally sensitive THE BANKRUPTCY TECHNICAL after all available administrative remedies areas; consolidation of land ownership for CORRECTIONS ACT OF 1996 have been exhausted, the district court in improved public access and a broad array of the district in which the trustee resides shall recreational uses; and consolidation of land have the exclusive authority, notwith- ownership to achieve management efficiency HEFLIN AMENDMENT NO. 5151 standing Section 326(b) of this title, to re- and reduced costs of administration; and view the determination of the actual, nec- (3) developing a joint report for submission Mr. STEVENS (for Mr. HEFLIN) pro- essary expenses of the standing trustee. In to the Congress which discusses land ex- posed an amendment to the bill (S. reviewing

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the determination, the district court shall ‘‘(h) HOLD-HARMLESS AMOUNTS.— puting the amount of a payment for a local accord substantial deference to the deter- ‘‘(1) IN GENERAL.—Except as provided in educational agency for children described in mination made by the Attorney General, and paragraph (2)(A), the total amount that the paragraph (1)(D)(i), the Secretary shall con- may reverse the determination only if the Secretary shall pay under subsection (b) to a sider such children to be children described Attorney General has abused his or her dis- local educational agency that is otherwise in paragraph (1)(B) if the Secretary deter- cretion.’’ eligible for a payment under this section— mines, on the basis of a certification pro- (b) Section 324 of Title 11, United States ‘‘(A) for fiscal year 1995 shall not be less vided to the Secretary by a designated rep- Code, is amended by adding to the end there- than 85 percent of the amount such agency resentative of the Secretary of Defense, that of the following: received for fiscal year 1994 under section 2 such children would have resided in housing ‘‘(c)(1) Notwithstanding any provision of of the Act of September 30, 1950 (Public Law on Federal property in accordance with para- Section 586 of Title 28, in the event the 874, 81st Congress) as such section was in ef- graph (1)(B) except that such housing was United States Trustee ceases assigning cases fect on September 30, 1994; or undergoing renovation on the date for which to a trustee appointed under Section 586(b) of ‘‘(B) for fiscal year 1996 shall not be less the Secretary determines the number of chil- Title 28, the trustee, after exhausting all than 85 percent of the amount such agency dren under paragraph (1).’’. available administrative remedies, may seek received for fiscal year 1995 under subsection (b) EFFECTIVE DATE.—Paragraph (4) of sec- judicial review of the decision in the district (b). tion 8003(a) of the Elementary and Secondary court in the district in which the trustee re- ‘‘(2) RATABLE REDUCTIONS.—(A)(i) If nec- Education Act of 1965, as added by subsection sides. The district court shall accord sub- essary in order to make payments to local (a), shall apply with respect to fiscal years stantial deference to the determination educational agencies in accordance with after fiscal year 1995. made by the United States Trustee, and may paragraph (1) for any fiscal year, the Sec- SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGI- reverse the determination only if the United retary first shall ratably reduce payments BLE FEDERALLY CONNECTED CHIL- States Trustee has abused his or her discre- under subsection (b) for such year to local DREN IN STATES WITH ONLY ONE tion. educational agencies that do not receive a LOCAL EDUCATIONAL AGENCY. (a) IN GENERAL.—Section 8003(b) of the Ele- ‘‘(2) Notwithstanding any other provision payment under this subsection for such year. mentary and Secondary Education Act of of law, the district court may order interim ‘‘(ii) If additional funds become available 1965 (20 U.S.C. 7703(b)) is amended by adding relief under this paragraph only if the court for making payments under subsection (b) at the end the following new paragraph: concludes, viewing all facts most favorably for such year, then payments that were re- ‘‘(3) STATES WITH ONLY ONE LOCAL EDU- to the United States Trustee, that there was duced under clause (i) shall be increased on CATIONAL AGENCY.— no basis for the United States Trustee’s deci- the same basis as such payments were re- ‘‘(A) IN GENERAL.—In any of the 50 States sion to cease assigning cases to the trustee. duced. of the United States in which there is only The denial of a request for interim relief ‘‘(B)(i) If the sums made available under one local educational agency, the Secretary shall be final and shall not be subject to fur- this title for any fiscal year are insufficient shall, for purposes of paragraphs (1)(B), ther review.’’. to pay the full amounts that all local edu- (1)(C), and (2) of this subsection, and sub- cational agencies in all States are eligible to f section (e), consider each administrative receive under paragraph (1) after the applica- school district in the State to be a separate THE IMPACT AID TECHNICAL tion of subparagraph (A) for such year, then local educational agency. AMENDMENTS OF 1996 the Secretary shall ratably reduce payments ‘‘(B) COMPUTATION OF MAXIMUM AMOUNT OF under paragraph (1) to all such agencies for BASIC SUPPORT PAYMENT AND THRESHOLD PAY- such year. MENT.—In computing the maximum payment ‘‘(ii) If additional funds become available KASSEBAUM (AND OTHERS) amount under paragraph (1)(C) and the learn- for making payments under paragraph (1) for AMENDMENT NO. 5155 ing opportunity threshold payment under such fiscal year, then payments that were re- paragraph (2)(B) for an administrative school Mr. STEVENS (for Mrs. KASSEBAUM, duced under clause (i) shall be increased on district described in subparagraph (A)— for herself, Mr. PRESSLER, Mr. the same basis as such payments were re- ‘‘(i) the Secretary shall first determine the duced.’’. D’AMATO, Mr. KERREY, Mr. MOYNIHAN, maximum payment amount and the total Mr. SIMPSON, and Mrs. FRAHM) pro- SEC. 2. APPLICATIONS FOR INCREASED PAY- current expenditures for the State as a MENTS. posed an amendment to the bill (H.R. whole; and (a) PAYMENTS.—Notwithstanding any other 3269) to amend the Impact Aid program provision of law— ‘‘(ii) the Secretary shall then— to provide for a hold-harmless with re- (1) the Bonesteel-Fairfax School District ‘‘(I) proportionately allocate such max- spect to amounts for payments relating Number 26–5, South Dakota, and the Wagner imum payment amount among the adminis- to the Federal acquisition of real prop- Community School District Number 11–4, trative school districts on the basis of the re- erty and for other purposes; as follows: South Dakota, shall be eligible to apply for spective weighted student units of such dis- payment for fiscal year 1994 under section tricts; and Strike all after the enacting clause and in- ‘‘(II) proportionately allocate such total sert the following: 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such sec- current expenditures among the administra- SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAY- tion was in effect on September 30, 1994); and tive school districts on the basis of the re- MENTS RELATING TO FEDERAL AC- spective number of students in average daily QUISITION OF REAL PROPERTY. (2) the Secretary of Education shall use a subgroup of 10 or more generally comparable attendance at such districts.’’. Section 8002 of the Elementary and Sec- (b) EFFECTIVE DATE.—Paragraph (3) of sec- local educational agencies for the purpose of ondary Education Act of 1965 (20 U.S.C. 7702) tion 8003(b) of the Elementary and Secondary calculating a payment described in para- is amended by adding at the end the fol- Education Act of 1965, as added by subsection graph (1) for a local educational agency de- lowing new subsections: (a), shall apply with respect to fiscal years scribed in such paragraph. ‘‘(g) FORMER DISTRICTS.— after fiscal year 1994. (b) APPLICATION.—In order to be eligible to ‘‘(1) IN GENERAL.—Where the school district receive a payment described in subsection SEC. 5. DATA AND DETERMINATION OF AVAIL- of any local educational agency described in (a), a school district described in such sub- ABLE FUNDS. paragraph (2) is formed at any time after 1938 section shall apply for such payment within (a) DATA.—Paragraph (4) of section 8003(f) by the consolidation of two or more former 30 days after the date of enactment of this of the Elementary and Secondary Education school districts, such agency may elect (at Act. Act of 1965 (20 U.S.C. 7703(f)) is amended— any time such agency files an application (c) CONSTRUCTION.—Nothing in this section (1) in the heading, by striking ‘‘CURRENT under section 8005) for any fiscal year after shall be construed to require a local edu- YEAR’’; fiscal year 1994 to have (A) the eligibility of cational agency that received a payment (2) by amending subparagraph (A) to read such local educational agency, and (B) the under section 3(d)(2)(B) of the Act of Sep- as follows: amount which such agency shall be eligible tember 30, 1950 (Public Law 874, 81st Con- ‘‘(A) shall use student, revenue, and tax to receive, determined under this section gress) (as such section was in effect on Sep- data from the second fiscal year preceding only with respect to such of the former tember 30, 1994) for fiscal year 1994 to return the fiscal year for which the local edu- school districts comprising such consoli- such payment or a portion of such payment cational agency is applying for assistance dated school districts as such agency shall to the Federal Government. under this subsection;’’; and designate in such election. SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY (3) in subparagraph (B), by striking ‘‘such ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN- CONNECTED CHILDREN RESIDING year’’ and inserting ‘‘the fiscal year for CIES.—A local educational agency referred to ON MILITARY INSTALLATION HOUS- which the local educational agency is apply- in paragraph (1) is any local educational ING UNDERGOING RENOVATION. ing for assistance under this subsection’’. agency that, for fiscal year 1994 or any pre- (a) IN GENERAL.—Section 8003(a) of the Ele- (b) DETERMINATION OF AVAILABLE FUNDS.— ceding fiscal year, applied for and was deter- mentary and Secondary Education Act of Paragraph (3) of section 8003(f) of the Ele- mined eligible under section 2(c) of the Act 1965 (20 U.S.C. 7703(a)) is amended by adding mentary and Secondary Education Act of of September 30, 1950 (Public Law 874, 81st at the end the following new paragraph: 1965 (20 U.S.C. 7703(f)) is amended— Congress) as such section was in effect for ‘‘(4) MILITARY INSTALLATION HOUSING UN- (1) in the matter preceding subclause (I) of such fiscal year. DERGOING RENOVATION.—For purposes of com- subparagraph (A)(iii), by inserting ‘‘, except

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9619 as provided in subparagraph (C),’’ after the difference between the amount such ganization as a nongovernmental enti- ‘‘but’’; and agency received under such Act for fiscal ty for the purpose of promoting tour- (2) by adding at the end the following new year 1991 and the amount such agency would ism in the United States; as follows: subparagraph: have received under such Act for fiscal year On page 7, line 8, strike ‘‘46’’ and insert ‘‘(C) DETERMINATION OF AVAILABLE FUNDS.— 1991 if payments under such Act had not been When determining the amount of funds taken into consideration in awarding State ‘‘48’’. available to the local educational agency for aid to such agencies for fiscal year 1991. On page 9, beginning in line 3, strike ‘‘Re- current expenditures for purposes of subpara- (b) REPAYMENT NOT REQUIRED.—Notwith- tail Travel Agents Association;’’ and insert graph (A)(iii) for a fiscal year, the Secretary standing any other provision of law, any ‘‘Association of Retail Travel Agents;’’. shall include, with respect to the local edu- local educational agency in a State that On page 9, between lines 6 and 7, insert the cational agency’s opening cash balance for meets the requirements of paragraphs (1) following: such fiscal year, the portion of such balance through (4) of subsection (a) and that re- (L) 1 member elected by the National Trust that is the greater of— ceived funds under section 3(d)(2)(B) of the for Historic Preservation. ‘‘(i) the amount that exceeds the maximum Act of September 30, 1950 (Public Law 874, (M) 1 member elected by the American As- amount of funds for current expenditures 81st Congress) for fiscal year 1991 (as such sociation of Museums. that the local educational agency was al- section was in effect for such fiscal year) f lowed by State law to carry over from the shall not, by virtue of subsection (a), be re- prior fiscal year, if State restrictions on quired to repay those funds to the Secretary NOTICES OF HEARINGS such amounts were applied uniformly to all of Education. COMMITTEE ON ENERGY AND NATURAL local educational agencies in the State; or SEC. 8. SPECIAL RULE RELATING TO AVAIL- RESOURCES ‘‘(ii) the amount that exceeds 30 percent of ABILITY OF FUNDS FOR THE LOCAL the local educational agency’s operating EDUCATIONAL AGENCY SERVING Mr. MURKOWSKI. Mr. President, I costs for the prior fiscal year.’’. THE NORTH HANOVER TOWNSHIP would like to announce for the infor- PUBLIC SCHOOLS, NEW JERSEY, (c) EFFECTIVE DATE.—The amendments mation of the Senate and the public UNDER PUBLIC LAW 874, 81ST CON- made by subsections (a) and (b) shall apply GRESS. that a full committee hearing has been with respect to fiscal years after fiscal year The Secretary of Education shall not con- scheduled before the Energy and Nat- 1996. sider any funds that the Secretary of Edu- ural Resources Committee to receive SEC. 6. PAYMENTS RELATING TO FEDERAL PROP- cation determines the local educational testimony on S. 1852, the Department ERTY. agency serving the North Hanover Township of Energy Class Action Lawsuit Act. Section 8002 of the Elementary and Sec- Public Schools, New Jersey, has designated ondary Education Act of 1965 (20 U.S.C. 7702) The hearing will take place on Thurs- for a future liability under an early retire- day, September 5 at 9:30 a.m. in room (as amended by section 1) is further amended ment incentive program as funds available by adding at the end thereof the following to such local educational agency for pur- SD–366 of the Dirksen Senate Office new subsection: poses of determining the eligibility of such Building in Washington, DC. ‘‘(i) PRIORITY PAYMENTS.—Notwithstanding local educational agency for a payment for Those wishing to testify or submit subsection (b)(1)(B), and for any fiscal year fiscal year 1994, or the amount of any such written statements should write to the beginning with fiscal year 1997 for which the payment, under section 3(d)(2)(B) of the Act Committee on Energy and Natural Re- amount appropriated to carry out this sec- of September 30, 1950 (Public Law 874, 81st tion exceeds the amount so appropriated for sources, U.S. Senate, Washington, DC Congress), as such section was in effect for 20510. For further information, please fiscal year 1996, the Secretary shall first use such fiscal year. such excess amount to increase the payment contact Kelly Johnson or Jo Meuse at SEC. 9. CORRECTED LOCAL CONTRIBUTION that would otherwise be made under this sec- RATE. (202) 224–6730. tion to not more than 50 percent of the max- (a) COMPUTATION.—The Secretary of Edu- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND imum amount determined under subsection cation shall compute a payment for a local MANAGEMENT (b) for any local educational agency that— educational agency under the Act of Sep- Mr. CRAIG. Mr. President, I would ‘‘(1) received a payment under this section tember 30, 1950 (Public Law 874, 81st Con- like to announce for the public that at for fiscal year 1996; gress) for each of the fiscal years 1991 ‘‘(2) serves a school district that contains the hearing scheduled before the Sub- through 1994 (as such Act was in effect for committee on Forests and Public Land all or a portion of a United States military each of those fiscal years, as the case may academy; be) using a corrected local contribution rate Management of the Committee on En- ‘‘(3) serves a school district in which the based on generally comparable school dis- ergy and Natural Resources, to receive local tax assessor has certified that at least tricts, if— testimony regarding S. 931, S. 1564, S. 60 percent of the real property is federally (1) an incorrect local contribution rate was 1565, S. 1649, S. 1719, S. 1921, measures owned; and submitted to the Secretary of Education by relating to the Bureau of Reclamation, ‘‘(4) demonstrates to the satisfaction of the the State in which such agency is located, the subcommittee will also receive tes- Secretary that such agency’s per-pupil rev- and the incorrect local contribution rate was enue derived from local sources for current timony regarding S. 1986, the Umatilla verified as correct by the Secretary of Edu- River Basin Project Completion Act, expenditures is not less than that revenue cation; and for the preceding fiscal year.’’. (2) the corrected local contribution rate is and S. 2015, To convey certain real SEC. 7. TREATMENT OF IMPACT AID PAYMENTS. subject to review by the Secretary of Edu- property located within the Carlsbad (a) IN GENERAL.—The Secretary of Edu- cation. Project in New Mexico to the Carlsbad cation shall treat any State as having met (b) PAYMENT.—Using funds appropriated irrigation district. The hearing will the requirements of section 5(d)(2)(A) of the under the Act of September 30, 1950 (Public take place on September 5, 1996, at 2 Act of September 30, 1950 (Public Law 874, Law 874, 81st Congress) for fiscal years 1991 p.m., in room SD–366 of the Dirksen 81st Congress) for fiscal year 1991 (as such through 1994 that remain available for obli- Senate Office Building in Washington, section was in effect for such fiscal year), gation (if any), the Secretary of Education and as not having met those requirements shall make payments based on the computa- DC. for each of the fiscal years 1992, 1993, and 1994 tions described in subsection (a) to the local For further information, please call (as such section was in effect for fiscal year educational agency for such fiscal years. James Beirne, senior counsel at (202) 1992, 1993, and 1994, respectively), if— SEC. 10. STATE EQUALIZATION PLANS. 224–2564 or Betty Nevitt, staff assistant (1) the State’s program of State aid was Subparagraph (A) of section 8009(b)(2) of at (202) 224–0765 of the subcommittee not certified by the Secretary under section the Elementary and Secondary Education staff. 5(d)(2)(C)(i) of the Act of September 30, 1950 Act of 1965 (20 U.S.C. 7709(b)(2)) is amended SUBCOMMITTEE ON PARKS, HISTORIC (Public Law 874, 81st Congress) for any fiscal by striking ‘‘more than’’ and all that follows PRESERVATION, AND RECREATION year prior to fiscal year 1991; through the period and inserting ‘‘more than Mr. CAMPBELL. Mr. President, I (2) the State submitted timely notice 25 percent.’’. under that section of the State’s intention to would like to announce for the public seek that certification for fiscal year 1991; f that a hearing has been scheduled be- (3) the Secretary determined that the THE U.S. TOURISM ORGANIZATION fore the Subcommittee on Parks, His- State did not meet the requirements of sec- ACT toric Preservation, and Recreation of tion 5(d)(2)(A) of such Act for fiscal year 1991; the Committee on Energy and Natural and Resources. (4) the State made a payment to each local PRESSLER AMENDMENT NO. 5156 educational agency in the State (other than The hearing will take place on Thurs- a local educational agency that received a Mr. STEVENS (for Mr. PRESSLER) day, September 12, 1996 at 9:30 a.m. in payment under section 3(d)(2)(B) of such Act proposed an amendment to the bill (S. room SD–366 of the Dirksen Senate Of- for fiscal year 1991) in an amount equal to 1735) to establish the U.S. Tourism Or- fice Building in Washington, DC.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9620 CONGRESSIONAL RECORD — SENATE August 2, 1996 The purpose of this hearing is to re- mittee on the Judiciary be authorized needed, commission officials have cooperated view S. 150, a bill to authorize an en- to meet during the session of the Sen- with our staff whenever they have been trance fee surcharge at the Grand Can- ate on Friday, August 2, 1996, at 10 a.m. asked. We want to thank them publicly for this assistance. yon National Park; S. 340, a bill to di- to hold a hearing on White House ac- In addition, commission staff have been re- rect the Secretary of the Interior to cess to FBI background summaries. ceptive to addressing some issues through conduct a study concerning equity re- The PRESIDING OFFICER. Without administrative action. Although some re- garding entrance, tourism, and rec- objection, it is so ordered. forms we propose are beyond the scope of the reational fees for the use of Federal SUBCOMMITTEE ON SOCIAL SECURITY AND commission’s current statutory authorities, lands and facilities; and S. 1695, a bill FAMILY POLICY others could be resolved without legislation. to authorize the Secretary of the Inte- We encourage the CFTC to work toward this Mr. DEWINE. Mr. President, the Fi- end. rior to assess up to $2 per person vis- nance Committee requests unanimous There is a public interest in a strong, com- iting the Grand Canyon or other na- consent for the Subcommittee on So- petitive U.S. futures industry because of its tional park to secure bonds for capital cial Security and Family Policy to critical role in price discovery and business improvements to the park. conduct a hearing on Friday, August 2, risk management. This public interest im- Because of the limited time available 1996, beginning at 10 a.m. in room SD– plies, and requires, a degree of regulation. In for the hearing, witnesses may testify 215. recent years, U.S. futures exchanges have by invitation only. However, those also faced increasing competition from for- The PRESIDING OFFICER. Without eign exchanges and from over-the-counter wishing to submit written testimony objection, it is so ordered. derivative products. for the hearing record should send two f U.S. exchanges face some regulatory costs copies of their testimony to the Sub- that are not borne by their competitors. The committee on Parks, Historic Preser- ADDITIONAL STATEMENTS Act, and the Commodity Futures Trading vation, and Recreation, Committee on Commission’s actions to implement its re- Energy and Natural Resources, United quirements, must strike an appropriate bal- LEGISLATION TO AMEND THE States Senate, 364 Dirksen Senate Of- ance between prudent regulation and the COMMODITY EXCHANGE ACT need for a cost-competitive industry. fice Building, Washington, DC. 20510– We will introduce legislation in Sep- 6150. ∑ Mr. LUGAR. Mr. President, today tember. The reason for delaying introduction For further information, please con- Senator LEAHY and I announced that is a provision of the Act called the ‘‘Treas- tact Jim O’Toole of the subcommittee we will propose legislation to amend ury amendment.’’ The amendment excludes staff at (202) 224–5161. the Commodity Exchange Act, which certain transactions from the CFTC’s juris- diction and has been the subject of varying SUBCOMMITTEE ON PARKS, HISTORIC establishes the ground rules for com- interpretations since it was first enacted. PRESERVATION, AND RECREATION modity futures trading in the United States. Our decision to proceed with Many firms and associations have requested Mr. CAMPBELL. Mr. President, I that Congress clarify the Treasury amend- would like to announce for the public legislation follows a public hearing on ment, and we agree that clarification is in that a hearing has been scheduled be- June 5 and extensive discussions with order. fore the Subcommittee on Parks, His- industry and federal regulators. The CFTC and the Treasury Department toric Preservation, and Recreation of I commend Senator LEAHY for his bi- have been working to arrive at a common in- the Committee on Energy and Natural partisan cooperation in this as in so terpretation of the Treasury amendment. We Resources. many other matters. In order that our believe it is wise to give them, and other rel- colleagues and the general public may evant agencies, a chance to complete these The hearing will take place on Thurs- discussions before making a legislative pro- day, September 19, 1996, at 9:30 a.m. in understand the legislation we plan to posal. Therefore, we are writing to Secretary room SD–366 of the Dirksen Senate Of- introduce, I ask that a statement Rubin and Acting Chairman Tull to encour- fice Building in Washington, DC. issued earlier today by the two of us be age their agencies to complete their discus- The purpose of this hearing is to re- printed in the RECORD. I further ask sions and advise us of their progress. If these view S. 1539, a bill to establish the Los that a letter signed by the two of us conclusions suggest a need to modify the Caminos del Rio National Heritage and addressed to Acting CFTC Commis- Treasury amendment, we will strongly con- area along the Lower Rio Grande sioner Tull also be printed in the sider incorporating those modifications into the bill we introduce. Texas-Mexico border; S. 1583, a bill to RECORD. In order for our colleagues to have an op- establish the Lower Eastern Shore The material follows: portunity to examine the legislation before American Heritage area; S. 1785, a bill REFORMING AND UPDATING THE COMMODITY this session of Congress ends, we will need to to establish in the Department of the EXCHANGE ACT: OUTLINE OF PLANNED LEG- introduce the bill in the first week Congress Interior the Essex National Heritage ISLATION returns from the August recess, that is the Commission; and S. 1808, a bill to The Commodity Exchange Act has bene- week ending September 6. Therefore, we amend the act of October 15, 1966 (80 fited the American economy. It has helped would like to receive the Administration’s encourage a dynamic, world-class futures counsel before the Labor Day holiday. Stat. 915), as amended, establishing a It is premature to propose a specific trading industry that allows farmers, ranch- program for the preservation of addi- change to the Treasury amendment. How- ers and other business operators to manage tional historic property throughout the ever, we can say that we do not intend for risk, provides investment opportunities and Nation. the CFTC to become involved in markets offers protection to consumers of its serv- where it does not now have any significant Because of the limited time available ices. From time to time, Congress has re-ex- for the hearing, witnesses may testify role. An example is the ‘‘when-issued’’ mar- amined the Act to bring it up to date with ket in Treasury securities. by invitation only. However, those changing markets. Such an update is now op- We invite public comment during August wishing to submit written testimony portune. on the legislative proposals we will outline for the hearing record should send two On June 5, the Committee on Agriculture, in this statement. The bill we introduce in copies of their testimony to the Sub- Nutrition, and Forestry heard testimony on September will be a discussion document. It committee on Parks, Historic Preser- the need to update the Commodity Exchange might subsequently be scaled back, but it Act. Since then, committee staff have con- also might be expanded to make additional vation, and Recreation, Committee on sulted extensively with federal agencies and Energy and Natural Resources, U.S. changes to the Act. It will be neither an private industry, seeking to explore the im- opening gambit nor a least common denomi- Senate, 364 Dirksen Senate Office plications of legislative proposals by various nator. It will represent our best judgment of Building, Washington, DC 20510–6150. groups. how the Act should prudently be changed, For further information, please con- As a result of this thorough process, we but our minds remain open to other ap- tact Jim O’Toole of the subcommittee have decided to introduce legislation to proaches. staff at (202) 224–5161. amend the Commodity Exchange Act. Be- The committee’s work on the Commodity cause it is late in the legislative session, it Exchange Act has been bipartisan and colle- f is unlikely the bill we introduce will become gial. Like the 1996 farm bill, the landmark AUTHORITY FOR COMMITTEES TO law this year. We intend it to spark discus- food safety legislation now on the Presi- MEET sion, with the aim of completing work on re- dent’s desk, and other important laws origi- visions to the Act in 1997. nated by the committee, this legislative ef- COMMITTEE ON THE JUDICIARY In considering possible legislation, we have fort is one on which we will work together. Mr. DEWINE. Mr. President, I ask been ably advised by CFTC staff. While the A summary of planned legislative provi- unanimous consent that the Com- CFTC is unconvinced that new legislation is sions follows.

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Considerations required in regulatory ac- receive public input on possible improve- U.S. SENATE, COMMITTEE ON AGRI- tions.—For each significant regulation it im- ments in Part 36 Rules. CULTURE, NUTRITION, AND FOR- poses (not including enforcement, emergency Swaps exemption.—The statute will be ESTRY, and similar actions), the CFTC will be di- amended to enhance the legal certainty of Washington, DC, August 1, 1996. rected to take into account both the antici- Hon. JOHN TULL, contracts involving swaps and similar prod- pated costs and the anticipated benefits of Acting Chairman, Commodity Futures Trading ucts. Products meeting the requirements of the action it contemplates, and to explain Commission, Washington, DC. the CFTC’s 1993 swaps exemption will be ex- publicly its evaluation of the various costs DEAR MR. CHAIRMAN: We were heartened to and benefits. In weighing costs and benefits, empt from the Act’s provisions to the same learn that the Commodity Futures Trading CFTC will consider whether the proposed ac- extent as at present. The provision will not tion, taken as a whole, will promote cus- diminish the CFTC’s authority to grant addi- Commission and the Treasury Department tomer protection, market integrity and effi- tional exemptions. In addition, the bill will have been discussing the so-called ‘‘Treasury ciency, fair competition and sound risk man- end the current prohibition on granting an amendment’’ to the Commodity Exchange agement. The provision will apply to actions exemption from CEA regulation to any Act, with a view toward arriving at a com- commenced after the date of enactment, and transactions subject to the Shad-Johnson ac- mon interpretation of the provision. At a will require an evaluation, not a cost-benefit cord (which establishes CFTC and SEC juris- hearing our committee held June 5, the analysis in the strict, quantitative sense. diction on such products as stock index fu- Treasury amendment was cited by several Audit trail.—The bill will clarify the intent tures). Instead, the bill will allow the CFTC witnesses as a provision of the Act that of Congress that the audit trail statute does to exempt such products, but only with the needed review and clarification. concurrence of the Securities and Exchange not mandate the development or adoption of We intend to introduce legislation that any particular technology, but establishes a Commission. Comments are invited on addi- tional or alternative means of enhancing the will make a number of changes to the Act, performance standard. This clarification will and believe it is appropriate to address the be consistent with 1995 Senate testimony by legal certainty of contracts while assuring Treasury amendment in that bill. It would then-Chairman Mary Schapiro. market integrity. be highly desirable to have the benefit of the Contract designation.—The legislation will Definition of a hedge.—The statute will be end the requirement that proposed futures Treasury and the CFTC’s joint advice in this amended to clarify that a hedge may be es- regard. contracts be pre-approved by the CFTC be- tablished to reduce risks other than price fore trading can commence. Instead, the bill risks. The bill will make clear that the In order for our colleagues to have ade- will provide that exchanges must submit in- change does not affect the ability of ex- quate opportunity to review the bill this fall, formation about contracts they intend to changes and the CFTC to establish specula- we intend to introduce it in the first week trade to the CFTC, which will have a reason- tive limits, require reporting of large trader Congress returns from its August recess, able but limited period to examine the pro- positions and otherwise discharge their re- that is the week ending September 6, 1996. posed contract terms. The CFTC will analyze sponsibilities. We would appreciate hearing from relevant the information with a presumption in favor federal agencies their views on the Treasury of allowing the contract to trade. However, Delivery by Federally licensed warehouses.— amendment before the Labor Day holiday, if within the examination period, the CFTC The bill will repeal an outdated provision possible. However, we are confident you may require additional information, or delay that allows any federally licensed warehouse share our strong hope that agencies will re- the start of trading for a limited time, if it to deliver grain against a futures contract, solve any differences by that time and arrive finds reason to believe the contract is sus- even if it is not a designated delivery point. at a common understanding, so that the ceptible to manipulation, violates the Act or The current statute could allow market ma- statute’s provisions and scope can be made is contrary to the public interest. Ulti- nipulation in some circumstances. clear. mately, the CFTC would have the ability to Delivery points for foreign futures con- prevent a contract from trading, but only Thank you for your assistance in this mat- tracts.—The CFTC will be directed to com- ter. A similar letter has been sent to Sec- after instituting proceedings to disallow the mence negotiations with appropriate foreign exchange from commencing trading. Com- retary Rubin. agencies which regulate exchanges that have Sincerely yours, ments are invited on the appropriate length established delivery points in the U.S., with for the periods specified above. PATRICK J. LEAHY, the goal of securing adequate assurance Ranking Democratic Similar procedures would apply to (through improvements in the foreign regu- other proposed exchange rules. Com- Member. latory scheme or other means) that the pres- RICHARD G. LUGAR, mittee report language will direct the ence of U.S. delivery points for foreign ex- Chairman.∑ CFTC to report, on an ongoing basis, change contracts does not create the poten- tial for market manipulation or other dis- its evaluation of how well exchange f governing bodies meet the statutory ruptions of U.S. markets. The CFTC will also requirement for meaningful represen- be granted additional powers, if necessary, to tation of a diversity of interests. obtain needed information on such delivery CONNECTICUT SUPREME COURT Disciplinary actions and penalties.—The bill points. Comments are invited on the appro- JUSTICE T. CLARK HULL priate scope of additional authorities, if any, will state the sense of Congress that, in de- ∑ ploying enforcement resources, the CFTC required by the CFTC to ensure that U.S. Mr. DODD. Mr. President, I rise should avoid unnecessary duplication of ef- markets are not subject to manipulation. today to pay tribute to one of Con- fort in areas where self-regulatory organiza- Delegation of authority.—The bill will state necticut’s most colorful and witty poli- tions also have enforcement duties, while en- the sense of Congress that the CFTC should ticians, Connecticut State Supreme suring a CFTC presence and role sufficient to review its authorities with a view to dele- Court Justice T. Clark Hull. Known for safeguard market integrity and customer in- gating additional duties to the National Fu- his penetrating intelligence and pas- terests. The CFTC will be directed to report tures Association or other self-regulatory sion for justice—and perhaps better to Congress on its enforcement program. The bodies, requiring a report one year after en- report is to include an analysis of the actment on the results of the review. Report known for his warmth and good spirit— CFTC’s performance in preventing, deterring language will state that among the duties T. Clark Hull, had the rare distinction and disciplining violations of the CEA that the CFTC may consider delegating are the of serving at the top levels of all three involve fraud against individual investors review of disclosure documents and repara- branches of state government—execu- through ‘‘bucket shops’’ and similar abuses. tions procedures. The statute will further tive, legislative and judicial. The report will be due a year after enact- state the sense of Congress that in making ment, and may follow one or more commis- any additional delegations, the CFTC should Born in Danbury, CT in 1921, T. Clark sion round tables on the subject. establish a procedure of spot checks, random Hull attended many prestigious aca- Exemptive authority.—The bill will direct audits or other means of ensuring adequate demic institutions including Philips the CFTC to re-evaluate its Part 36 Rules performance, and may also make the delega- Exeter Academy, Yale University and (which allow exchanges to set up less-regu- tion on a pilot basis. Harvard Law School, and yet he always lated professionals-only markets in certain retained the perspective of a common limited circumstances) in light of the need Treasury amendment.—The bill’s provisions to provide equitable competitive conditions to modify the Treasury amendment (an ex- man. emption from CEA regulation for the inter- among various participants in derivative His political career spanned some 33 product markets. Any revisions to the rules bank currency markets and some other mar- kets) will be drafted following review of sug- years, beginning with his election to would remain within the CFTC’s discretion. the Connecticut State Senate in 1962. The bill will also state the sense of Congress gestions received by the Administration. that any revisions should ensure the finan- Technical changes.—The bill may also in- He was known as a liberal Republican cial integrity of markets and customer pro- clude technical changes to the Act such as who charmed many conservatives, and tection. The CFTC will be encouraged to con- those suggested by the National Futures As- his Irish humor and zest for public vene a round table meeting or meetings to sociation in its June 5 testimony. service eventually earned him the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00167 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9622 CONGRESSIONAL RECORD — SENATE August 2, 1996 nomination for Lieutenant Governor in name. As a gunboat, its primary mis- artists, has painted a very special pic- 1970. He went on to win the election as sion was to approach the beach and en- ture that perfectly captures the spirit the running mate of THOMAS J. Meskill gage the enemy with rockets and deck of the Vermont Air Guard. Entitled, and served until his appointment to guns in support of its landing forces. Of ‘‘Vermont Thunder’’ it is a depiction of the Connecticut Superior Court. After the three major campaigns that the 450 a Vermont F–16 flying into a stormy serving for 10 years, he was nominated was a part of, the ship was damaged sunset. To me it represents the great by Governor William A. O’Neill to the only once. For their actions during the contrasts of flying military aircraft; Appellate Court and served for 4 years Marshall and Marianas campaign, the the beauty of flight is tempered by the before becoming a justice on the high- crew was awarded the Navy Unit Cita- responsibility and danger of military est court in Connecticut on September tion. The crew also received the Presi- service. It is my sincere hope that this 25, 1987. dential Unit Citation for their out- painting will serve as a small reminder Justice Hull’s political career earned standing performance at Iwo Jima. to future Air Guard members of our him the reputation for being a gifted Five crewmembers received the Bronze State’s proud past. writer and captivating speaker and a Star, and its captain received the Navy As the ultimate reminder of that colleague once said his decisions would Cross. Mr. President, these men are past, it is fitting that we remember ‘‘forever enrich the literature of the brave soldiers, and true Americans, here on the floor of the U.S. Senate the law.’’ Justice Hull had great aspira- who deserve to be remembered and memories of those who paid the ulti- tions for the people of Connecticut and honored for their actions in defense of mate sacrifice for their service. The was one of the few politicians who this great country.∑ following is a list of Vermont Air Na- managed to be well-liked on both sides f tional Guardsmen who have died in the of the aisle. Throughout his illustrious line of duty since 1946: career, he maintained an optimistic ac- THE 50TH ANNIVERSARY OF THE Lieutenant Thomas A. Mundy, Major tivism that continually propelled the VERMONT AIR NATIONAL GUARD Carroll A. Phylblo, Lieutenant John interests of Connecticut and its people ∑ Mr. LEAHY. Mr. President, on July Williamson, Lieutenant Francis W. forward. Justice Hull was a dedicated 1, 1946, 27 World War II veterans formed Escott, Colonel Robert P. Goyette, public servant who ‘‘had an enthusiasm the nucleus of a new military unit, and Lieutenant Jeffrey B. Pollock, Major for public office that was contagious.’’ the Vermont Air National Guard was John J. Ulrich, Captain John A. Har- Justice Hull was a champion of the born. Today, when the 158th Fighter rell, Captain Bertrand R. White, Jr., people and was one of the few to truly Wing pilots strap into the techno- Captain Charles W. Diggle III, Captain believe that government and politics logical marvel that is the F–16, the Robert W. Noble, Lieutenant Stephen should be ‘‘positive, energizing celebra- Revolutionary War soldier painted on L.C. Taylor.∑ tions of life.’’ Although he was small in the tail stands as a stark reminder to f stature, T. Clark Hull’s charming per- us all: There is a direct lineage be- sonality and exuberance for serving the tween the militia tradition that our WELFARE REFORM public made him a giant in the eyes of Nation was founded on and which is ∑ Mr. BROWN. Mr. President, I rise others. Upon retiring from the State very much alive today here in today to speak on behalf of the welfare Supreme Court in 1991, when he Vermont. reform bill that passed this body yes- reached the mandatory retirement age The original Green Mountain Boys terday. of 70, Justice Hull continued to serve were mostly farmers who left their Much has been said on the House and the public as a State referee and as co- homes in the 1700’s to defend against Senate floor and in the media about chairman of a commission to study encroaching New Yorkers and then the impact of this bill on children and government efficiency. The commis- fought enthusiastically against the the working poor. Those who have spo- sion made many recommendations to British in the Revolutionary War. The ken out against the bill have called it, streamline government, and under the Vermonters wore homespun civilian draconian, and legislative child abuse. chairmanship of Justice Hull, Con- clothes, often with only a sprig of ever- Well, I disagree. necticut underwent the biggest reorga- green in their caps to identify each For the past 61 years we have allowed nization in state government in nearly other in the field. a program originally designed to help two decades. But the Green Mountain Boys were families through a difficult time to be- T. Clark Hull has doubtless had a dis- citizen soldiers, and throughout most come a welfare program that discour- tinguished career. While he gained of our history the American people ages able-bodied citizens from working. prominence as a life-long Connecticut have relied on the militia to defend The current welfare system takes away politician, Justice Hull gained the re- them. It has only been in the recent the dignity and self respect that comes spect of his colleagues and the general past that we have created a large from earning an honest living and has public for his good humor, exuberance peacetime standing army. Now with replaced it with generation after gen- for life, and his love of public service. the former Soviet Union gone, we are eration of families dependant on public The people of Connecticut are truly seeing a renewed emphasis on National assistance. blessed to be able to call T. Clark Hull Guard and Reserve forces as the Na- In the past 61 years instead of teach- one of their own. tion’s premier insurance against world- ing our children about work ethics, re- My thoughts and prayers go out to wide aggression. sponsibility, hard work and determina- his wife Betty Jane, and his three sons When I go to Vermont in the coming tion, we have taught them how easy it Steven, Josh, and Treat.∑ weeks, I will be giving the Vermont Air can be to live off public assistance. f National Guard a token of my appre- Now, ladies and gentlemen, that is ciation for the tremendous service that abuse. U.S.S. ‘‘LANDING CRAFT they have shown over the last 50 years. Everyday men and women get up in INFANTRY’’(G) 450 The list of aircraft that have been the morning, dress their children and ∑ Mr. BROWN. Mr. President, I rise flown by the Vermont Air Guard reads get them ready for the day. After the today to recognize the members of the like a who’s who of American air morning routine, these same men and U.S.S. Landing Craft Infantry (G) 450. power—the P–47 Thunderbolt, the P–51 women get into their cars and nego- This ship was commissioned August 26, Mustang, the F–94 Starfighter, F–89 tiate traffic on their way to work. Ev- 1943 and participated in three major Scorpion, the F–102 Delta Dagger, the eryday these people work long hours to campaigns in the South Pacific during EB–57, the F–4 Phantom, and now the provide for their families, pay the bills World War II. The U.S.S. Landing Craft F–16 Falcon. Those who have served in and if they are lucky put a little Infantry (G) 450 was originally designed Vermont have different memories de- money away in a college or retirement to carry troops, run up the beach, dis- pending on the aircraft and people of fund. All this bill asks is that those embark the assault troops, and then re- the time, but the sense of duty has re- who are able to work try to perform a lease itself from the beach. This troop mained constant over the years. service for their benefits. carrier was later converted to a gun- Having said that, Randy Green, one The working men and women of boat, indicated by the symbol (G) in its of America’s most renowned aviation America have been doing their part for

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00168 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9623 61 long years. Now we have the golden With mixed emotions, I note that the Mr. President, what began as an in- opportunity to respond to the working terrible ordeal of the Kennedy family nocent, outward show of pride in his men and women who believed us when of Arlington, VA, is at last resolved. A country ended with what would appear we said we would reform the welfare sorrowful peace has finally been found. to be an excessive response. It is my program and to the States that have So I rise today, Mr. President, to hope that officials in Atlanta will care- proven that they can handle the task honor the service rendered to our coun- fully consider this situation and work of administering their own welfare pro- try by Capt. John William Kennedy. toward a fair and equitable remedy grams. By returning some of the power Captain Kennedy was serving as a that will not unduly punish these stu- to the States we make it possible to forward air controller with the 20th dents. help people out of poverty. Tactical Air Support Squadron based Nationalism and love of flag and Colorado is initiating a Personal Re- in Chu Lai. On August 16, 1971, Captain country are something we as Ameri- sponsibility and Employment Program. Kennedy failed to check in during nor- cans can appreciate. As we look around There are innovative and insightful mal radio checks while flying a visual the various venues at the Olympics, I people in my State as there are in oth- reconnaissance mission over the think we all feel a source of pride to ers. These State leaders have shown Quangtin Province. He was listed as see the stars and stripes waiving in the that there are alternatives to Federal missing in action until July 1978, when stands and being carried by our ath- control and that they can meet the his status was changed to presumed letes. What we may not understand is needs of the residents of the State. The killed in action. Finally, in May of this some of the history behind the condi- States have the best chance of moving year, after using new DNA identifica- tions under which the Republic of people to work and restoring their self tion techniques, Captain Kennedy’s China on Taiwan is able to participate respect. family was notified that his remains in the Olympics. This bill included an amendment have been recovered for burial. Athletes from Taiwan were banned concerning the State Appropriation of Captain Kennedy graduated from the from participating in the International Block Grant Funds. It ensures States Virginia Military Institute in l969 and Olympic Games in the 1970’s due to expend block grant funds in the same then joined the U.S. Air Force. He controversies over the name, flag, and way in which a State expends its own graduated from pilot training in Octo- national anthem of their team. Later funds. Consequently, both the legisla- ber 1970, where he was first in his class in that decade the International Olym- tive and executive branch in the State and was awarded the Undergraduate pic Committee amended its charter by share control of block grant funds Pilot Training Office Training Award. striking out all references to national through the appropriations process. He then reported to O–2A pilot train- flags and national anthems. Instead, In addition, the bill included an ing, and from there was assigned to the committee flag and committee song of amendment that places a 15 percent 20th Tactical Air Support Squadron in the National Olympic Committee of cap on administrative costs. Funds for South Vietnam. He was serving there each individual nation are used to de- welfare programs should go to individ- when his plane disappeared. scribe the flag and anthem each na- uals who need help, not to bureaucratic Captain Kennedy’s awards include tion’s team uses. While almost all Na- administrators. the Distinguished Flying Cross, the tional Olympic committees use their When the 104th Congress convened in Purple Heart, the Air Medal with two national flag and anthem, the Republic January 1995, we made a promise to the Oak Leaf Clusters, the National De- of China, referred to in the Olympics as American people. We promised to re- fense Service Medal, the Vietnam Serv- ‘‘Chinese Taipei,’’ are not allowed to form the welfare program and rein in ice Medal, and the Republic of Vietnam use their flag and song. runaway entitlement spending. I must Campaign Medal. Mr. President, this prohibition ap- commend the work of my colleagues Mr. President, Captain Kennedy’s plies to the Chinese Taipei Olympic for enabling us to keep our word and distinguished service to his country team—not its fans. It is my under- follow through on our commitment to clearly represents the very best of standing that the charter does not con- reform welfare.∑ America. I believe I can speak for my tain references to restrictions on indi- f colleagues in the U.S. Senate when I viduals participating as spectators in pay tribute to his service today—and the audience. CAPT. JOHN WILLIAM KENNEDY when I convey our gratitude to his Mr. President, while I do not have all ∑ Mr. ROBB. Mr. President, today, at family for sharing their exceptional the final details of this situation, I felt Arlington National Cemetery, the re- son with us.∑ it was worthy of our notice. One pur- mains of Capt. John William Kennedy, f pose of the Olympic Games is for the U.S. Air Force, will be laid to rest with world of nations to gather together in THE ARREST OF TWO TAIWAN full military honors. Captain Ken- an event that allows us to rise above STUDENTS IN ATLANTA nedy’s mother, brother, relatives and our differences. While that purpose is friends will join a grateful Nation in ∑ Mr. CRAIG. Mr. President, I had the not always achieved, it is certainly a paying final tribute to a courageous pleasure of meeting for the first time worthy goal. Therefore, it is my hope American who gave his life for his yesterday with the new representative that we will see a swift and equitable country. from the Taipei Economic and Cultural resolution to this unfortunate situa- This day and this ceremony are long Representative Office in the United tion.∑ overdue, Mr. President, because Cap- States, Dr. Jason Chih-chiang Hu. f tain Kennedy lost his life over the While it was a good opportunity to dis- Quangtin Province of the Republic of cuss areas of mutual interest, I was UKRAINIAN INDEPENDENCE DAY Vietnam. Though his family was told concerned to learn about an incident ∑ Mr. LEVIN. Mr. President, this year he was missing in action on August l6, that occurred recently at the Olympic has been an historic one for the nation l97l, he was not confirmed killed in ac- Games in Atlanta. of Ukraine. Ukraine has adopted a new tion until May l996. On July 31, two Taiwan students— constitution, has taken part in its first Mr. President, this brings back sad one currently studying at Georgia Olympic games, and will celebrate the memories for me, because during my Tech, the other a recent graduate of a fifth anniversary of its independence own time in Vietnam, families of many university in Dallas—were arrested from the former Soviet Union. of the young men who served under my during the gold medal table tennis Ukrainian Independence Day, August command received word that their match between the People’s Republic 24, is a time to remember Ukraine’s loved ones would not be coming home. of China and Taiwan. It is my under- past and to look to its future. Since But as difficult as this notification standing that the incident was sparked Ukrainian independence in 1991, the was, it was even more difficult for the when one of the students waived the country has made great strides in families who could not learn with cer- national flag of the Republic of China many important areas. tainty the fate of their loved ones. The during the hotly contested champion- On June 28, the Verkhovna Rada of most painful ordeal was ultimately the ship match. The other individual was Ukraine adopted a new Ukrainian con- seemingly endless uncertainty of MIA arrested when trying to assist his fel- stitution. The new Constitution estab- families. low student in resisting police arrest. lishes Ukraine as an independent,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9624 CONGRESSIONAL RECORD — SENATE August 2, 1996 democratic nation. The constitution of Connecticut’s pioneers. Roger Tory President’s Council on Physical Fit- also clearly divides power between the Peterson devoted his life to the study ness and Sports. executive and legislative branches. of birds. Peterson’s ‘‘A Field Guide to Coach Casey has a long and storied Ukraine has exhibited much eco- the Birds,’’ published in 1934, revolu- career shaping the minds of basketball nomic potential. Working with the tionized the concept of field guides by players of all ages and talent levels. At International Monetary Fund, Ukraine intricately depicting distinguishable the age of 20, Coach landed his first is making significant gains in halting characteristics of thousands of birds. coaching post at Bishop Eustace High hyperinflation and securing an effi- Often referred to as the ‘‘birder’s in Pennsauken, NJ. He led his team to cient and cost-effective source of en- bible,’’ this handbook brought the once two State championships and was se- ergy for the country. A partnership has eccentric hobby of bird watching to the lected South Jersey Coach of the Year been established with the European mainstream. at age 24. Many of the players he Union which will give Ukraine most-fa- Born 122 years after John James Au- coached at Bishop Eustace went on to vored-nation status and other trade ad- dubon, Roger Tory Peterson was the successful college careers. Soon after vantages, and opens the possibility of a definitive expert on birds in this cen- achieving remarkable success at the free trade agreement after 1998. tury. Many people believe he began the high school level, Coach started his Ukraine’s natural resources, its heavy environmental movement by bringing own impressive college career by being industry, and its innovative and hard- tens of millions of bird watchers out- appointed to the head coach slot at working people promise to transform doors to study birds. Any avid bird Temple University. He led the Owls to the country into a successful economic watcher looking for the illusive bird several postseason tournament berths, partner in the world marketplace. would not dare go out without one of including an NIT Championship over Ukraine has now become a nuclear- Peterson’s guides in their pocket. free state. Ukraine has faithfully fol- Boston College in 1966. Coach partici- A master of detail, Roger photo- pated in the first NCAA college basket- lowed guidelines for the elimination of graphed, painted, and identified thou- nuclear weapons under the START I ball game played outside of the United sands of birds throughout his 60-year States when his Owls traveled to Treaty and it has ratified the Non-Pro- career. His descriptions, both in words liferation Treaty. And, in joining the Tokyo, Japan, to take on the UCLA and drawings, were done with such Bruins. Partnership for Peace Program for clarity and precision that the birds Coach broke into the National Bas- NATO membership, Ukraine has posi- came to life on paper. Even today, I ketball Association in 1982 as an assist- tioned itself to become a member of continue to marvel at his prints, sev- ant coach with the Chicago Bulls. The the strongest military alliance in the eral of which hang in my home in Con- next year, he move to the Los Angeles world. necticut. Clippers in the same post. In 1984, Ukraine’s transition to a democrat- A world renown artist, naturalist, Coach became head coach for an ically-governed, free-market economy and environmentalist, Peterson be- Italian league team. He returned to the has not been without its problems. But lieved that any serious study of nat- these strains are natural. The recent NBA and the Los Angeles Clippers as ural history would lead people to care assassination attempt on Prime Min- an assistant coach, and in 1989 he was about and protect the environment. ister Pavlo Lazarenko is troubling. promoted to the head coach slot. He This philosophy is the backbone of the However, we expect that the govern- soon traveled to Boston where he has legacy he leaves behind. The Roger ment of Ukraine will take the nec- been the assistant coach for six sea- Tory Peterson Institute of Natural His- essary steps to see that the rule of law sons. tory in Jamestown, NY, is dedicated to is upheld. Ukraine has shown strong educating the public and teaching As Coach prepares to leave the city leadership in the face of such turmoil young and old alike about natural his- of Boston, his friends prepare for every- by pledging itself to adhere to the prin- tory. This center and the guidebooks day life without him. Many joggers will ciples of the Helsinki Final Act. This be left to find new running mates, the should help ensure that whatever prob- used by millions of hikers everyday will continue to promote environ- Boston Celtics’ employees will be lis- lems Ukraine may encounter in the fu- tening for, but not hearing, the famil- ture, it will continue to be an example mental awareness for years to come. The people of Connecticut were proud iar vibrant, bellowing voice that of respect for civil and human rights in to have Dr. Peterson reside in Old shakes the hallways every morning the region. with warm greetings, and the wait staff This year, Ukraine joined the world Lyme for over 40 years. My parents were honored to know him as a neigh- at his favorite restaurant, Ciao Bella athletic community by fielding its first on Newbury Street, will miss the ener- Olympic team. It was heartening to see bor and friend. We will all miss his work and remember him fondly.∑ getic presence that so often electrified the joy on the faces of Ukraine’s ath- the ambience there. letes as they represented their country f Coach Casey is leaving our beloved in this year’s centennial Olympic COACH DON CASEY games. Ukraine’s fine athletes gra- Boston Celtics to start a new chapter ∑ Mr. KERRY. Mr. President, I rise ciously represented the Ukrainian peo- in his basketball story. The players, today concerning one of the most be- ple. the fans, and the staff of the New Jer- The people of Ukraine deserve our ad- loved sports figures in Boston, Mr. Don sey Nets are lucky to get him. I wish miration and support for the fine work Casey, assistant coach of the Boston him the best of luck and the greatest they have done during the past 5 years. Celtics. Coach, as he is known to the success with his new team, unless, of I know that the Ukrainian-American thousands whose lives he has touched, course, the Nets ever meet the Celtics community in Michigan is in the front is leaving the Celtics to take on new in the playoffs.∑ ranks of such support. United States- challenges with the New Jersey Nets. Since arriving in Boston, Coach has Ukraine relations are, and will con- f had an inspiring influence on the fans tinue to be, an important part of our of the Boston Celtics. Through various national interests. MOVEMENT TO BAN JUNK GUNS charitable endeavors, Coach has af- This is an historic time for Ukraine, GAINS STRENGTH one in which it is possible to witness fected the lives of thousands of people ∑ its citizens decide for themselves what across the Nation. Most recently, Mrs. BOXER. Mr. President, earlier kind of government and what kind of Coach was selected to the Committee this year I introduced legislation with future they want for their country. I of Friends of the Secret Service, an or- Senators JOHN CHAFEE and BILL BRAD- know my Senate colleagues join me in ganization dedicated to raising funds LEY to prohibit the manufacture and honoring Ukraine on the fifth anniver- for the surviving family members of sale of junk guns—or as they have also sary of its independence.∑ those Federal agents killed in the trag- been called, saturday night specials. ic Oklahoma City bombing. Even the These cheap, poorly constructed, easily ROGER TORY PETERSON White House has recognized Coach concealable firearms pose such a great ∑ Mr. DODD. Mr. President, I rise Casey’s contributions to the world of threat to public safety that their sale today to pay tribute to the life of one sports by selecting him to serve on the and manufacture should be prohibited.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9625 Nearly 20 years ago, Congress prohib- This is not for lack of trying. Amer- troops to Bosnia, to take part in the ited the importation of junk guns, but ican construction, architecture, and NATO-led effort to enforce the mili- allowed their domestic manufacture to design engineering firms have been try- tary provisions of the Dayton Accord. I soar virtually unchecked. Today, 8 of ing to participate in the Japanese mar- was skeptical then, and remain so the 10 firearms most frequently traced ket for over a decade, with limited suc- today, of Administration assertions at crime scenes are junk guns that can- cess. I have taken to the Senate floor that U.S. strategic interests in Central not legally be imported. My view is many times to complain about how Europe or in the ‘‘future of NATO’’ jus- that if a gun represents such a threat United States companies were blocked tified this costly investment of troops to public safety that it should not be from participating in any meaningful and resources abroad. I took with a imported, its domestic manufacture way in the construction of the Kansai grain of salt Administration promises should also be restricted. A firearm’s International Airport, despite numer- that U.S. troops would be out of Bosnia point of origin should be irrelevant. ous promises from the Japanese Gov- in a year’s time and Administration as- Since the introduction of my legisla- ernment to allow their participation. surances that it would work to level tion, a strong grassroots movement has But Mr. President, my purpose here the military playing field between developed to help get these weapons off is not to recount the sorry tale of Serbs and Muslims. the streets. Thousands of volunteers closed construction markets in Japan. I maintained then—I reiterate have worked to educate local, State, I will just note that we have gone today—that it is the Congress—the and Federal elected officials about the through years of negotiations to try to Congress—which had to authorize the issues. The emerging coalition against open Japan’s construction market and deployment, after thorough consulta- junk guns includes law enforcement of- break their corrupt dango system. In tion with the Administration. From all ficials, physicians, children’s advo- 1994, in the face of United States sanc- reports coming out of Bosnia, we are cates, and religious organizations. tions under title VII, Japan agreed to now paying the piper for moving with- More than two dozen California police adopt an action plan to eliminate the out the careful deliberation and consid- chiefs, including those from Califor- numerous barriers to foreign participa- eration of pros and cons that a real pol- nia’s largest cities, have endorsed my tion in their public works market. icy debate would have engendered. If legislation. And I must say, Mr. President, that the Administration had truly consulted The movement to get these junk the first two reviews of the action plan with the Congress—and not simply pre- guns off the streets is clearly gaining have been very disappointing. In fiscal sented us with a fait accompli—we steam. Many of California’s largest cit- year 1995, foreign firms won only one might have been able to anticipate ies, such as San Francisco, Oakland, construction project, out of a total of many of the problems now facing IFOR and San Jose, have enacted local ordi- 613 let out for bid, and one design and its parallel civilian institutions. I nances prohibiting the sale of junk project, out of 20. The dedicated com- recognize that the issues and problems guns. Two weeks ago, the mayors of merce officials monitoring Japan’s per- are complex and I do not mean to sug- more than a dozen cities from Califor- formance indicate that United States gest that I or the Senate would have nia’s East Bay pledged to push for local companies still face unsatisfactory re- all or even some of the answers. junk gun prohibitions in each of their strictions on the size and scope of But I did pose a number of questions jurisdictions, creating the one of the joint-venture consortia that can bid on to the Administration during last largest junk-gun-free zones in the major procurement projects and still year’s all-too-brief hearings on the de- country. face discriminatory prequalification ployment and in the subsequent cur- I am dedicated to working hard on criteria. sory debate on the Senate floor, in an this issue in the 104th Congress and be- But you don’t get anywhere crying attempt to focus priorities and antici- yond. We will get these killer guns off over lost opportunities, so today I in- pate problems. But as you know, the our streets. When Senators return to stead want to use my remarks to point decision had already been made to their States over the August recess, I out to the Japanese Government that move forward and the Congress side- encourage them to discuss this issue the Chubu project presents an oppor- lined, a sad fact I blamed as much on with their constituents. I believe they tunity for the Government to dem- our timidity as the Administration’s will find that citizens do not support onstrate its openness to foreign par- circumvention of constitutional proc- the current junk gun double standard, ticipation. And, it gives Japan the op- ess. allowing poor quality weapons to be portunity to enjoy a world class inter- I recognize, Mr. President, that the produced domestically, but not im- national airport. Dayton Accord and the IFOR deploy- ported.∑ In order to make this happen, the ment to enforce its provision has not f procurement agency for Chubu should been without some real benefit. We can immediately move to adopt open and all be grateful that people are no JAPAN CONSTRUCTION PRACTICES competitive bidding procedures as longer dying en masse in Bosnia; U.S. ∑ Mr. MURKOWSKI. Mr. President, I called for under the United States- and other IFOR troops are to be ap- rise to speak about an item that is not Japan bilateral understandings. plauded for having largely succeeded in in the news right now. But that could Mr. President, I will be watching enforcing the military aspects of the have significance for United States very closely and I fully expect United agreement. construction companies and for United States firms to be given equal oppor- The head of the Defense Intelligence States-Japan trade relations. It has tunity to participate, commensurate Agency [DIA], Lt.Gen. Patrick Hughes, come to my attention that the Japa- with their ability. testified earlier this year that he ex- nese Government is building a new air- I understand that our Commerce De- pected that the parties would continue port near Nagoya, Japan called the partment officials will travel to Japan generally to comply with the military Chubu International Airport. This again in September for further con- aspects of the Dayton Accord and with multibillion-dollar project will be that sultations, and I hope that they will re- IFOR directives. Hughes ‘‘did not ex- country’s largest public works effort ceive positive news on the Chubu pect’’ U.S. or allied forces to face orga- for the next decade. The first flights project.∑ nized military resistance; any ‘‘mod- are planned for the year 2005. BOSNIA POLICY est’’ threat remained limited to mines As many of my colleagues are al- Mr. FEINGOLD. Mr. President, the and sporadic low-level violence, such as ready aware, American construction deployment to Bosnia of the Inter- terrorism. NATO commander Joulwan companies must be included in any list national Force [IFOR] has passed its recently confirmed that many of the of our most competitive international midway mark and I would like to re- peacekeeping tasks delegated to IFOR industries. These companies have par- view with my colleagues what I believe have been completed, including over- ticular expertise in building large air- has been accomplished to date, the seeing the transfer of territory, the de- ports, having constructed the inter- many questions yet unanswered by the mobilization of troops and the storage national airports in Hong Kong and Administration, as well as the dan- of heavy weapons. Seoul, Korea, among others. Curiously, gerous pitfalls I see on the road ahead. But there are disturbing signs, Mr. only in Japan have they been unsuc- Mr. President, I was one of those who President, that the progress is transi- cessful. voted against the deployment of U.S. tory and perhaps even an illusion.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9626 CONGRESSIONAL RECORD — SENATE August 2, 1996 Compliance is begrudging; ‘‘the spirit on as well, in an undefined role and for adequately defend themselves. If we of Dayton’’ encouraged at the point of an uncertain period of time. had done so three years ago, we would NATO arms. While I welcomed Vice President likely not have found ourselves in a po- In an October 19, 1995 letter to Sec- GORE’s declaration that our troops sition of enforcing a peace that the fac- retary Perry, I asked just how durable would be withdrawn on schedule, I also tions may not want. an IFOR-enforced peace would be. Spe- note that only yesterday Secretary of I am pleased to note President Clin- cifically, I asked for some assurance State Christopher testified before the ton’s July announcement that the that the Serbs had abandoned their SFRC that ‘‘final decisions’’ on with- military assistance program for the quest for a ‘‘Greater Serbia’’ and that drawal would have to await the results Bosnian-Muslim federation is finally the territorial integrity of Bosnia of the September elections and then scheduled to begin. A contingent of would be protected. qualified that by stating the military Bosnian soldiers—all Muslims—report- The facts on the ground provide the mission would be completed ‘‘roughly’’ edly arrived in Turkey in June for disturbing answer. General Hughes, for by the 1-year deadline. In short, the training and $98.4 million in U.S. arms one, was troubled by the ‘‘fundamen- very spectre I envisioned 7 months ago are scheduled to be shipped to the Bos- tally’’ unchanged strategic political may be coming to haunt us. nian army, including M60 tanks, ar- goals of the former warring factions; Speculation that IFOR (and U.S. mored personnel carriers and antitank that is, eventual permanent partition. troops) will extend beyond one year is weapons in the next several weeks. Upon IFOR’s withdrawal, Hughes fore- worrisome, given the assurances we Turkey has reportedly matched the saw: Bosnian Serbs seeking political heard last December that this deploy- U.S. pledge and U.S private contractors confederation with Yugoslavia; Bos- ment was limited in time. Even the will assist the Turks in improving com- nian Croats with Zagreb; resistance by weak resolution passed by the Senate mand-and-control and other military Serbs and Croats to efforts of the Mus- accepting the deployment did not envi- procedures. I hope that this marks the lim-led government to assert its au- sion an open-ended affair. I urge the genesis of a Muslim force capable of de- thority; collapse of the ‘‘Federation’’ of Administration to heed the sage obser- fending itself against the better-armed Croats and Muslims, intended as a vation of Joint Chiefs of Staff Chair- Serbs, should the peace collapse, a not counterweight to the Serbian entity man General Shalikashvili, who has re- unforeseeable possibility. But I wonder, Mr. President, where created by Dayton, under the mutual iterated that U.S. troops will be out of are our European allies? Even with the hostility of Muslim and Croat; and Bosnia by December. He said that if U.S. and Turkish pledges, there re- delay or stymie of civil affairs, such as the factions wanted peace, then a one mains a $600 million shortfall on the elections. year IFOR deployment was enough; an amount needed to adequately equip and In short, Mr. President, there is the extended mission would not alter the train the Muslims. The Europeans—es- real possibility that after a nearly $2.8 intentions of the parties. pecially the French and British—have billion investment just for the deploy- In any event, the Pentagon has also contributed nothing and their support ment of our troops to Bosnia, we will apparently modified the President’s for Dayton Accord provisions calling be back at square one: hostile, eth- promise that our troops would be home for adequate arming and training of nically-divided factions facing off at by December 20. Now, I understand, the Muslims, are lukewarm, at best. tenuous borders under unstable mili- exit will begin on or around that date, Yet while they continue to view send- tary, economic and social conditions. ensuring that some of our men and ing Western arms to Bosnia as desta- In my letter to Secretary Perry and women will be in Bosnia well into 1997. bilizing, they do not seem to object to during floor debate, I also raised the Another option I have heard mentioned having Iran—an otherwise hostile state question of cost, especially in light of is having a reduced IFOR force—prin- with which they wish to trade—arm how this expensive deployment would cipally British and French troops—re- the Muslims. undermine efforts to balance the budg- main in Bosnia after December, under I had thought that we had received et. In December, the Congress was told U.S. air cover. assurances from the Europeans that the cost would be roughly $2.0 billion. I Let me say now, Mr. President, that they would support the arm and train predicted then that the bill would be a I am opposed to the continued deploy- provisions of Dayton. Have we been lot more. Now, because of unexpected ment of U.S. ground forces in Bosnia bamboozled? What is the Administra- costs and delay associated with a win- after December 1996. I do not think tion doing to press the issue? ter deployment, intelligence gathering they should be there now and I expect Yet another question I asked of Sec- and engineering efforts, the most re- the Pentagon to brief us on its plans retary Perry last year regarded U.S. cent DoD estimate of which I am aware for a timely exit. treatment of indicted war criminals, is for $2.8 billion. Just how reliable is That said, I am not necessarily op- such as General Mladic and Mr. this estimate, or will there be more un- posed to a limited U.S. support role. I Karadzjic. The issue of dealing with expected costs? I suspect it is hardly remain deeply concerned that Dayton persons today government officials re- prophetic if I venture that the tab pre- produced a Muslim geographic entity sponsible for effecting Dayton’s provi- sented to the American taxpayer—just essentially DOA. If ethnic partition is sions, but who yesterday were mass for the military side of this adven- inevitable, the Muslim rump state like- murderers, is not an easy one. All the ture—will top $3 billion, if not more. ly to emerge will have no coastline, be factions in Bosnia harbor such men and I asked the Administration back in an economic basketcase for the fore- each of the ethnic communities—espe- October if the U.S. would withdraw re- seeable future, and remain surrounded cially the Muslims—suffered grievously gardless of whether the mission was a by hostile neighbors. at their hands. success. I asked because I had my Our political, moral, financial and Some argue that the process of rec- doubts that the stated goal—ending the strategic investment in Dayton and in onciliation would be better served by fighting and raising an infrastructure IFOR requires that we not allow the putting the past behind us. I disagree capable of supporting a durable peace— Muslim entity to wither on the vine. wholeheartedly. The international was doable in twelve months time. I The dividends—stability in Europe, en- community has made a judgment that foresaw a danger that conditions would hanced credibility in the Muslim those involved in genocide must be remain so unsettled that it would then world, undermining Iranian inroads, brought before a court of justice. Cer- be argued that it would be folly—and economic opportunities for U.S. busi- tainly in investigating these cases and waste—to withdraw on schedule. ness—outweigh the costs. prosecuting these men we risk exacer- It should be no surprise then, Mr. Which brings me, Mr. President, to bating old wounds. But I believe the President, that European diplomats are the next question I raised in October: healing process is better served by questioning whether IFOR should exit what provision had the Administration bringing these crimes out into the on schedule—claiming success—if the made for the arming and training of light of day and punishing those re- ‘‘fundamental’’ nation-building task of Bosnia’s Muslims? I have argued al- sponsible. Otherwise, the victims fami- elections has not been completed. We most from the moment I first entered lies will allow the resentments to fes- know from press reports that the Euro- the Senate that we should arm and ter and the cycle of violence inevitably peans are pressuring the U.S. to stay train the Muslims, permitting them to erupt anew.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9627 I understand the view of the IFOR In the suburbs of Sarajevo and in not forcing the issue and asserting its military commanders, who are reluc- countless villages across the former constitutional authority and responsi- tant to involve themselves and their Yugoslavia the triumph of ethnic bility on the deployment. I hope that troops in this sort of distasteful civil- cleansing is apparent. All prisoners of the lessons learned here will lead to ian task and in the dangers of ‘‘mission war have not been released, as required more backbone in the future.∑ creep.’’ In a cauldron such as Bosnia, by Dayton. Foreign forces remain in the last thing the peace enforcers want Bosnia long after the deadline for their f is to be perceived as taking sides. departure; indeed, despite the Adminis- CENTERS FOR DISEASE CONTROL But I believe that the higher moral tration’s certification that these peo- AND PREVENTION: 50th ANNIVER- and practical obligation involved re- ple have left, the Washington Post re- SARY quires that IFOR troops vigorously ported July 8 that some Islamic fight- ∑ protect those seeking to uncover evi- ers are burrowing in, creating mischief Mrs. KASSEBAUM. Mr. President, dence of these crimes. The presence of and posing a potential threat to IFOR this summer, the eyes of the world are a protective cordon of IFOR troops at troops. If true, how will this affect the turned toward Atlanta, the host of the Srebrenica, where the first solid evi- Administration’s pledge that the arm centennial Olympic games. But a care- dence of mass murder and atrocities on and train program will not come up to ful look reveals another anniversary an appaling scale is now being ex- speed until those forces are gone? taking place in Atlanta—an anniver- humed, is a welcome development. I These political problems—which cer- sary that we should herald as well. On note, however, that the two most tainly threaten the long term health of July 1, 1996, the Centers for Disease prominent war criminals, Karadzic and Dayton—are compounded by economic Control and Prevention [CDC] reached Mladic, continue to flout their disdain difficulties. A question I did not ask in a milestone: The agency turned 50 for such pronouncements. Karadzic, for October, but which looms now over the years old. What began during World example, dismissed the moderate Ser- process, is that of paying for the recon- War II as a program to stop the spread bian prime minister, Rajko Kasagic, in struction of Bosnia? How realistic is of malaria among U.S. military per- mid-May. the expectation that the international sonnel has become a world-renowned That act seems to me to be an act of community will pony up the estimated scientific agency the mission of which real political power and certainly not $5.1 billion necessary over three years is to prevent and control disease, dis- in keeping with State Department as- to put Bosnia back on the road to re- ability, and injury. With time-tested sessments that the man is being ‘‘side- covery? In April, in Brussels, World expertise in communicable disease con- lined.’’ Karadzic’s June 30 transfer of Bank and EU officials requested $1.8 trol, the agency has led efforts in de- power to a political flunky was merely billion in reconstruction aid for 1996. veloping a strategy to address the another transparent attempt to avoid Donors have pledged barely one-third newly emerging infectious diseases of punishing economic sanctions. And de- of that amount and the World Bank today. The Senate Committee on Labor spite Ambassador Holbrooke’s efforts has received only one-half (or $300 mil- and Human Resources, which I am hon- last month to strip Karadzic of polit- lion) of that in actual commitments. Is ored to chair, has held hearings on this ical influence, I think we all under- it any wonder that the Sarejevo gov- major global public health issue and stand that Karadzic continues to call ernment may look again to Tehran, the role which the United States plays the shots, which are aimed at the which recently offered $50 million in in fighting the spread of communicable underpinnings of Dayton. assistance? diseases, and I am personally com- There are other problems, of course. Which leads me Mr. President, in a mitted to this battle. Recently, Presi- Carl Bildt, the High Representative for roundabout way back to the first and dent Clinton, recognizing the threat implementation of Dayton has noted most important question I put to Sec- that infectious diseases present, issued that while the formal structures of ci- retary Perry back in October, and a Presidential Decision Directive on vilian implementation are in place, the which I discussed at length during the Emerging Infectious Diseases. In rec- political will to make Dayton work is December floor debate: why would the ognition of CDC’s golden anniversary, I clearly missing. Conditions are no- Administration not seek Congressional would like to summarize the problem, where near settled enough to conduct approval and support for the deploy- along with the prevention strategy ‘‘free and fair’’ elections; absent are ment to Bosnia? As I said then, it is that CDC has developed. freedom of movement, freedom of asso- through the authorization process—a ADDRESSING EMERGING INFECTIOUS DISEASE ciation, a balanced media, and the procedure mandated by the Constitu- THREATS: A PREVENTION STRATEGY FOR THE right to vote in secret near one’s home. tion—that a deployment is explained UNITED STATES Ambassador Frowick, the Organiza- and refined; that questions are an- Two to three decades ago, many sci- tion of Security and Cooperation in Eu- swered; fears alleviated; and the Amer- entists believed that infectious dis- rope (OSCE) mission head in Bosnia, ican people given an opportunity to air eases could and would be eliminated as even went so far as to admit July 29 their views on what the mission is a public health problem in their life- that, at best, the elections could be ex- worth to them. times. Today, those very same diseases pected to be ‘‘reasonably democratic,’’ This first and last question, Mr. remain the leading cause of death adding that ‘‘free and fair is a stretch.’’ President, has never been answered. worldwide, and a major cause of illness, Frankly, I’m puzzled as to how elec- The result has been uncertainty and death, and escalating medical costs in tions neither free nor fair can ever be more questions. To date, we have been the United States. reasonably democratic. fortunate that the results have not More and more Americans recognize Yet, the OSCE certified June 25 that been more tragic, the sad cir- the threat that emerging and re-emerg- such elections can be held by Sep- cumstances surrounding Secretary ing infectious diseases pose to domes- tember 14. The chief of staff of the Brown’s mission notwithstanding. tic and global health. Accordingly, OSCE, William Steubner, resigned in I remain unconvinced that the IFOR- they understand the need to improve June, reportedly over a disagreement imposed ceasefire masks anything surveillance and response capacity in- as to whether Bosnia is anywhere near more than an inevitable slide towards side and outside our borders—infec- being ready for an election. The contin- permanent partition; if that is the tious microbes know no borders and ued influence of thugs such as case—and I hope I am wrong—then I disregard immigration laws. Karadzic, the reports that Serbian and the American people want to know Several dramatic changes in our be- goons are preventing Serbs from voting how this costly deployment furthered havior and environment have contrib- in the their former home districts—one the national interest. Mr. President, I uted to the resurgence of infectious Serb official reportedly dismissed ob- hope we will have public hearings soon diseases. Across the globe, explosive jections by stating: ‘‘Who cares where on the status of the deployment and population growth has led to unprece- they want to vote; they’ll vote where that the Administration will answer dented migration of people across bor- we say.’’ It was only in June that an- the questions I put forward in October ders. These population shifts are aggra- other 100 Muslims were forced out of and repeated here today. I acknowledge vated by rapidly changing technology their homes in Bosnian Serb territory. again the Congress’ own culpability in and increasing international travel.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9628 CONGRESSIONAL RECORD — SENATE August 2, 1996 The widespread misuse of anti-micro- partments and academic institutions. ers should not have guns. It says: Beat bial drugs has accelerated the emer- Thus far, CDC has provided funds your wife, lose your gun. Abuse your gence of new drug-resistant microorga- through cooperative agreements to 14 child, lose your gun. It’s that simple. nisms. In addition, scientists are iden- States and two large local health de- And it’s really little more than com- tifying, with remarkable frequency, a partments to enhance their ability to mon sense. growing number of new infectious dis- monitor and respond to infectious dis- Mr. President, for many months, I eases along with microorganisms that eases, including foodborne disease, had tried to include my proposal as cause previously unexplained chronic drug-resistant infections, and a variety part of the stalking bill. And, finally, diseases. of other infectious disease public on July 25, after agreeing to several In response to the threat of emerging health programs. Health departments changes at the request of my Repub- infectious diseases, CDC developed a have used these funds to improve State lican colleagues, my legislation passed plan designed to safeguard our Nation’s health laboratories, build epidemio- the Senate by voice vote. health. Entitled ‘‘Addressing Emerging logic capacity to investigate out- Mr. President, the compromise we Infectious Disease Threats: A Preven- breaks, and develop electronic tech- worked out was supported by the most tion Strategy for the United States’’, nology for disease reporting and track- ardent progun Members of this body. 1994, the plan was developed in coopera- ing. And we had an understanding that the tion with local and State public health CDC has also begun developing a na- leadership on both sides of the aisle officials, various Federal agencies, tional network of emerging infections would work to get the legislation medical and public health professional programs. This network will conduct passed promptly in the House. associations, infectious disease experts special surveillance projects and de- Now we have just learned that the from academia and clinical practice, velop and improve surveillance meth- stalking bill has been inserted into the and international and public service or- ods. Emerging infections programs conference report on the DOD author- ganization. The plan lays down CDC’s [EIP] address a variety of infectious ization bill—but without my amend- domestic and international strategy disease problems, including food- and ment to keep guns away from wife for addressing emerging and re- water-borne disease caused by E. coli beaters. emerging infectious disease threats. and cyptosporidium, tickborne diseases Mr. President, given the under- The plan has four goals: such as Lyme disease, and the newly standing that we had with the leader- First, surveillance and response. The recognized ehrlichiosis, and antibiotic ship, this news came as something as a first goal is to improve the detection, resistance. shock to me. investigation, and monitoring of Through cooperative agreements Earlier this morning, there was a emerging pathogens, the diseases they with State health departments and suggestion that somehow I was not re- cause, and the factors influencing their their collaborators in local health de- specting an agreement we had on this emergence. Essential to this goal is an partments and academic institutions, matter. And now this. adequate laboratory capacity that CDC has provided funds to establish Mr. President, this is not how we assures accurate diagnosis of infectious the first four such programs in health should be doing business in this body. diseases. departments in California, Con- Mr. President, I continue to be Second, research. The second goal is necticut, Minnesota, and Oregon; a amazed at just how far the NRA and to integrate laboratory science with fifth EIP will be initiated this year. As their supporters are willing to go to let surveillance to optimize public health resources permit, CDC will institute wife beaters and child abusers get guns. practice. CDC, in partnership with three additional EIPs in fiscal year 1997 And I think the American people pubic agencies, universities, and pri- in other State health departments. would share my outrage at this. Every vate industry, will support research With new microbe threats con- year, thousands of women and children programs to address a number of press- fronting us daily, CDC had developed a die at the hands of family members. ing issues. They include: development public health microbiology fellowship And 65 percent of the time, these mur- and application of modern and rapid program in partnership with the Asso- derers use a gun. laboratory techniques for identifica- ciation of State and Territorial Pubic There is no reason why wife beaters tion of new pathogens and drug-resist- Health Laboratory Directors. CDC has and child abusers should have guns. ant organisms; determination of how also reinstituted an extramural re- Only the most progun extremists could behavioral factors influence emerging search program that is focusing ini- possible disagree with that. Unfortu- infections; and evaluation of the eco- tially on tickborne disease and anti- nately, these same extremists have in- nomic benefit of prevention and con- biotic resistance. credible power here in the Congress. trol strategies. Although extensive work to address Mr. President, I want to make clear Third, prevention and control. The emerging infections has begun, sub- to my colleagues that I am not going third goal is to enhance communica- stantial further effort is needed to to let this issue die. The lives of thou- tion of public health information about strengthen defenses against potential sands of women and children are at emerging diseases. This would ensure disasters caused by infectious micro- stake. And I’m going to continue this prompt implementation of prevention organisms. Long-term cooperation and battle for as long as it takes. strategies. partnerships are needed with clini- Members of Congress on both sides of Fourth, infrastructure. The fourth cians, microbiologists, public agencies, Capitol Hill need to be held account- goal is to strengthen infrastructure at universities, private industry, and able on this. The public has got to local, State, and Federal public health communities. It is indeed critical that know what’s going on here. levels. This includes plans for address- we all work together to ensure rapid, Mr. President, I’m convinced that the ing the diminished capacity of health comprehensive responses to the micro- overwhelming majority of Americans agencies to respond to infectious dis- bial risks challenging the health of the would agree. eases. Critical losses in personnel over world’s population. I commend CDC on Wife beaters should not have guns. the past years have resulted in dan- their 50th anniversary and on their Child abusers should not have guns.∑ gerous limitations in laboratory exper- outstanding effort to control and elimi- f tise. To respond to these losses, CDC nate emerging infectious diseases. SALUTE TO THE WORLD’S has placed a top priority on building f and maintaining expertise in rare or GREATEST ATHLETE unusual diseases through the establish- DOMESTIC VIOLENCE/GUNS BILL ∑ Mr. KEMPTHORNE. Mr. President, I ment of appropriate training programs ∑ Mr. LAUTENBERG. Mr. President, rise to pay tribute today to an Idahoan for young health professionals. this morning we had a discussion on who has overcome adversity to become CDC’s initial efforts have focused re- the floor about legislation I am spon- an Olympic champion. sources on improving the capacity of soring to prohibit people convicted of Dan O’Brien of Moscow last night the United States to address emerging domestic violence from owning guns. won the Olympic decathlon gold medal infectious diseases through collabora- My bill stands for the simple propo- and set an Olympic record with a score tions among State and local health de- sition that wife beaters and child abus- of 8,824 points, the sixth best mark

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9629 ever. Success is not new to Dan, but and particularly the sugar program. In lation to modify the application of pen- neither is bitter disappointment. He his capacity with the association, he sion nondiscrimination rules to govern- has been very successful on the na- has effectively represented not only mental pension plans. This legislation tional and even the world level, but his growers but all the communities of the will provide relief to State and local dream, an Olympic gold medal, has Thumb and Bay areas of Michigan. governments from unnecessary and eluded him. And, in fact, he did that officially as a overly burdensome Federal regula- By now most sports fans around the formidable State Senator of the 35th tions. world have heard the story of how, 4 District for many years. Because of his Pension nondiscrimination laws en- years ago, Dan was one of the favorites skill and experience, Bob’s counsel and acted by the Federal Government en- for the Barcelona games and how he expertise have helped me and the peo- sure that workers at all levels of em- failed to qualify by not clearing any ple he has served. ployment are given access to the bene- height in the pole vault at the Olympic We have worked together for many fits of tax-exempt pension plans. As trials in New Orleans. years, through flood and drought, and employers, State and local govern- Since that crushing result, Dan has through several Farm Bills and some- ments employ a wide range of workers, shown the determination, hard work times excessive USDA red tape. Our from judges to firefighters to teachers. and drive that embodies the American different party affiliations have not Each occupation requires that its spirit. He trained like he had never intruded on a joint desire to produce unique circumstances be considered trained before. He won the world cham- good, pragmatic agriculture policy when determining pension benefits. pionships three times since the 1992 that would benefit Michigan. Laws that were created by the Federal trials and set the world decathlon I will be sad to see Bob retire. How- Government do not adequately address record with a score of 8,891 points just ever, I salute his accomplishments and the needs of the diverse work force of weeks after the Barcelona games. recognize that he has earned some time State and local governments. At the Olympics in Atlanta, Dan off. The people of Michigan owe him a Public pension plans are negotiated seized his opportunity. He started out debt of gratitude.∑ by popularly elected governments and well, and claimed the lead after the f subject to public scrutiny. They do not first day of the 10-event competition. THE SENATE’S WORLD WIDE WEB require a high degree of Federal re- The eighth event was his old nemesis, SITE ON THE INTERNET view. The process of enacting these the pole vault. Learning the lessons of plans promotes fair benefits for govern- ∑ Mr. WARNER. Mr. President, earlier 4 years ago, Dan cleared a cautious 14 mental employees. Public pension this week a Washington Post editorial feet, 9 inches. Gaining in confidence, he plans have been given temporary ex- entitled ‘‘Wiring Congress’’ implied vaulted past the height he missed at that the Senate has not embraced the emption from nondiscrimination laws the 1992 trials, and then wound up for almost 20 years, and the result is 3 idea of providing legislative informa- clearing 16 feet, 4 ⁄4 inches to score 910 tion in electronic format. I am here that full-time public employees enjoy points in the event. today to set the record straight. almost twice the pension coverage rate The ninth event pretty much This past fall, in one of my first ini- of their counterparts in the private clinched the gold medal. In his final tiatives as chairman of the Senate sector. It is time to make this tem- javelin throw, O’Brien recorded his Committee on Rules and Administra- porary exemption permanent. only personal best of the competition, tion, Senator FORD and I announced This bill enjoys a wide range of sup- with a toss of 219 feet, 6 inches. That the availability of the Senate’s World port from State and local governments, gave Dan a 209-point lead heading into Wide Web site on the Internet. This as well as public employee representa- the final event, the 1,500 meters. site, which is continuously updated tives. I urge my colleagues to join Sen- Dan has never liked this race, and al- with information about the Senate, is ator HATCH and myself, along with a bi- though he didn’t need to run a particu- also the public’s gateway to legislative partisan group of Senators, to ease the larly fast race, he did pick up around information. Today, using the Senate burden of Federal regulation on State the final turn and sprint to the finish Web site and linking through the Gov- and local governments. I look forward line. He could then claim redemption ernment Printing Office, the American to this bill’s consideration in com- for 1992’s performance. public have electronic access to bills, mittee and on the Senate floor.∑ Immediately after finishing, Dan resolutions, filed committee reports, f broke down in tears. I am sure they and the CONGRESSIONAL RECORD. were tears of joy and triumph. He had TRIBUTE TO CAMP NATARSWI, In addition, we are working hard to BAXTER STATE PARK, ME finally answered all his critics and develop a centralized system that will ∑ those who doubted him. He had proven allow committee chairmen to also post Ms. SNOWE. Mr. President, I would to himself and the world that his deter- committee hearings and prints on the like to recognize the 60th anniversary mination and commitment to be the Government Printing Office access of Camp Natarswi in Baxter State best would prevail. system. Park, ME. Mr. President, to this fine young The Rules Committee has also been In August, Girl Scouts from Maine man, who I am proud to say graduated holding a series of hearings to address and across the United States will re- from the University of Idaho and lives the issues concerning public access to unite to mark this occasion, exem- and trains in Moscow, I extend my Government information in the 21st plifying the strong bond of friendship heartfelt congratulations. I know the century. I am well aware of how impor- that young women gain through their people of Idaho join me in saying ‘‘Well tant it is that in our quest to provide Girl Scout experiences. Such relation- done, Dan’’ to the Olympic gold medal information in electronic format, we ships are vital for young women and champion in the decathlon, the world’s do not lose sight of our responsibility foster an appreciation for helping oth- greatest athlete, Dan O’Brien.∑ to maintain a public record and to as- ers whether it be in the community, at f sure access to Government information school, or at home. It is clear that for those who do not have access to the these women have cherished the spirit RETIREMENT OF MR. ROBERT of the Girl Scout tradition as they now DAVID YOUNG, OF SAGINAW, MI information highway. The Rules Committee is taking an gather 60 years later to renew their ∑ Mr. LEVIN. Mr. President, I am aggressive approach toward ensuring friendships. pleased to have the opportunity to sa- the Senate—and the American public— Before this land in Baxter State Park lute Robert David Young on his retire- have timely and complete access to all became Camp Natarswi in 1936, it was ment from the Great Lakes Sugar Beet legislative information.∑ used to house Civilian Conservation Growers Association. f Corps workers who were building a I have appreciated Bob’s long service road from Togue Pond to Roaring as the Executive Vice-President for the MODIFICATION OF PENSION Brook. The property was leased from Great Lakes Sugar Beet Growers. He NONDISCRIMINATION RULES Great Northern Paper until 1975 when has been an excellent source of infor- ∑ Mr. CONRAD. Mr. President, I rise the paper company designated owner- mation regarding agriculture policy, today as an original cosponsor of legis- ship to the Girl Scouts. Conducive to

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9630 CONGRESSIONAL RECORD — SENATE August 2, 1996 camping and scenic views, the young mine is encountered. Mine clearance HIGH RUSSIAN HONOR TO IOWAN girl scouts found themselves inspired will continue through 1997 in the thou- JOHN CHRYSTAL by this natural habitat while learning sands of hectares of the surrounding ∑ Mr. HARKIN. Mr. President, John lessons on the environment and work farm and forest land. This will allow Chrystal, an outstanding Iowan, is one ethics that would accompany them on citizens to productively and effectively of only two Americans to be awarded their future endeavors. utilize the land again, and will help re- the Order of Friendship, the highest For the alumnae from 12 States as forest the area. honor that the Government of Russia far away as California, Camp Natarswi As a member of the PeaceTrees Viet- can bestow on a noncitizen. This will forever be a place where friend- nam International Advisory Board, I award, which was given at the behest ships flourished and lessons were am pleased to have the opportunity to of Russian President Boris Yeltsin, was learned about life and the importance assist efforts to make this landmine- presented at a ceremony in Des Moines, of our natural resources. Most of all, ridden area safe again, and to raise IA, by the Russian Ambassador to the these women were instilled with the awareness of the global problem of United States, Yuli M. Vorontsov. It Girl Scout tradition, something they landmines. I applaud the work of all has been my privilege to have John as have passed down to their children and those who have helped organize and im- a close personal friend for many years, grandchildren. I am pleased to recog- plement PeaceTrees Vietnam. Efforts and I am extremely proud of his nize the 60th anniversary of this very such as theirs truly make a difference achievement in receiving this high and special place for so many of my fellow in the lives of countless individuals well-deserved honor. Mainers.∑ around the world.∑ Under Russian law, the Order of f Friendship, which was established in PEACETREES VIETNAM f 1994 by President Yeltsin, ‘‘is awarded ∑ Mrs. MURRAY. Mr. President, I rise to persons for significant contribution today to describe a project being un- CELEBRATE HOSIERY WEEK— to strengthening friendship and co- dertaken by a remarkable organization AUGUST 5–11, 1996 operation between nations and nation- alities, for helping the development of in my home State of Washington. ∑ Mr. HELMS. Mr. President, next the Russian economy, for especially PeaceTrees Vietnam, the 20th inter- week, August 5–11, marks the 23d an- fruitful activities in scientific develop- national PeaceTrees Program spon- nual observance of Celebrate Hosiery ment, for bringing together and mutu- sored by the Earthstewards Network, Week. It always gives me great pride to ally enriching the cultures of nations represents the dedicated work of indi- join in recognizing an industry which and nationalities, and for strength- viduals working to promote peace on a has contributed so much to the free en- ening peace and friendship between na- local and global scale. terprise system of our country and so tions.’’ John was honored for all of For over a decade, Earthstewards has much to the economy of North Caro- these reasons and in recognition of his worked around the world to foster dia- lina. 70th birthday, which was December 11 log between peoples of various coun- Mr. President, National Hosiery tries, and to contribute to commu- of last year. Week is of special importance to me John has had a long and distin- nities around the world. Earthstewards because North Carolina is the leading has organized PeaceTrees Programs in guished career as a farmer and banker, hosiery State in the Nation. North and is recognized as a leading expert on many communities, including Cape- Carolina is proud of the leadership of town, South Africa; Auroville, South agricultural, trade and economic mat- the hosiery industry and the fine qual- ters involving the former Soviet Union. India; Bluefields, Nicaragua; and Ta- ity of life that it has provided for so coma, WA. Now, this organization is He has long worked to improve trade many people. relations between our nation and the embarking on a project in Vietnam. In fact, the hosiery industry plays a Every week in Vietnam, a child is countries of the former Soviet Union substantial role in the economy of killed or maimed by the explosion of and to help those countries modernize more than half of the States of the an antipersonnel landmine. At this and restructure their agriculture and Union. There are 343 companies in the time, there are over 58,000 leftover food systems. As a farmer himself, hosiery business, operating 456 plants landmines and unexploded ordnance in John has real credibility when he talks employing 62,300 people in 28 States. the Quang Tri Province of Vietnam, with farmers in Russia, Ukraine or one The statistics are staggering: these the DMZ during the Vietnam war. of the other countries of the NIS. 62,300 people produce and distribute 22 PeaceTrees Vietnam seeks to eliminate John has traveled to Russia, million dozens pairs of hosiery a year. the threat of these devices by removing Ukraine, Georgia, and other nations of They contributed a record $7.2 billion landmines, planting trees, raising com- the former Soviet Union some 50 to 60 to the U.S. economy in 1995. munity awareness, and reducing the times since 1959, representing our State dangers of landmines in Vietnam and The hosiery industry has made great of Iowa and our Nation as a private-cit- across the globe. strides in improving productivity and izen ambassador of good will and un- This important program has several the quality of its product. These efforts derstanding. In addition, he has been phases. First, beginning this summer, to make the hosiery industry more remarkably generous in hosting many landmines will be removed near the old competitive have resulted in signifi- exchanges and delegations from those Khe May military base in the town of cant technological and design improve- countries to our Nation and our State Dong Ha in Quang Tri Province. Amer- ments in the manufacture of hosiery. of Iowa. John has known personally all ican and Canadian retired military ex- As a result, the hosiery industry has of the recent leaders of the Soviet perts as well as Vietnamese local mili- likewise made enormous gains in the Union and Russia and is well known tia will extract these destructive weap- area of foreign trade. Exports in 1995 among farmers and policy makers in ons of war. Then, in November, a grew by 9 percent over 1994 levels to 22 the countries of the former Soviet Friendship Forest will be planted in million dozen pairs—and that, Mr. Union. this area. Not only will this serve as a President, is a lot of hosiery exports. We Iowans are tremendously proud of cooperative effort of the Westerners Mr. President, my hat’s off to the ho- all the good work that John Chrystal and Vietnamese who plant these trees, siery industry because it is making a has done over the years to help im- it will help set up a buffer to stop the real difference in many small commu- prove food and agriculture systems in dry, hot winds from Laos and restore nities where the hosiery plant is often the former Soviet Union and to foster life to deforested terrain. the main employer, providing good, stronger ties and a deeper level of un- Next, construction of a Landmine stable jobs for its employees. derstanding among our peoples. Awareness Education Center will I extend my sincere thanks and con- Mr. President, I ask that a number of begin. Educational displays will be cre- gratulations to the hosiery industry articles pertaining to the awarding of ated, so children and adults may under- and to its many thousands of employ- the Order of Friendship to John stand how to identify potentially un- ees for their outstanding contribution Chrystal be printed in the RECORD. safe areas, and what to do if a land- to our State and Nation.∑ The article follows:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9631 [From the Carroll, IA, Daily Times Herald, place. It’s a really difficult but exciting time Russia, received on Monday the Order of June 24, 1996] for them.’’ Friendship, the highest honor Russia can be- CHRYSTAL EARNS HIGH RUSSIAN HONOR ‘‘I suppose it will be another decade or gen- stow on a foreigner. eration before they achieve the goals that I Chrystal, 70, of Coon Rapids is one of two (By Butch Heman) hold dear, but I have no doubt they’ll Americans to receive the award, which also John Chrystal jokes that dozens of times achieve them.’’ has been given to heads of state such as he’s gone to Russia, ‘‘one of the few major Chrystal said that despite the fall of com- South African president Nelson Mandela. nations in the world that we’ve never had a munism, less stability exists in the region. Yuli Vorontsov, Russian ambassador to the war with,’’ and apparently hasn’t angered Communism, although a government by United States, praised Chrystal for his many anybody there yet. edict, maintained control, he said. years of advising first the Soviet Union and Russia honored the rural Coon Rapids man ‘‘That’s not to say this isn’t a much better now Russia. today with its highest honor bestowed on a situation,’’ he said, noting that while the So- ‘‘This is the highest Russian civilian foreigner: the Order of Friendship. viet Union might be dead but economic rela- award,’’ Vorontsov said, ‘‘It is for leaders of Russia’s ambassador to the United States, tionships among its former members exist. nations and leading citizens. It is highly re- America has an opportunity to form Yuli Vorontsov, presented the award during garded in Russia. We appreciate him very friendly relations with the newly inde- a ceremony at The Des Moines Club in Des much in Russia.’’ Moines. pendent countries, and Iowa, because of its agriculture, has a special chance, Chrystal Chrystal has made frequent visits to the President Boris Yelstin established the former Soviet Union and Russia for 36 years. Order of Friendship in 1994. It is warded to said. His goals are to have the federal govern- In an interview at The Des Moines Reg- persons for significant contributions toward ment encourage American business to form ister, Vorontsov predicted that Russian ‘‘strengthening friendship and cooperation joint ventures with Russian firms. Chrystal President Boris Yeltsin will win re-election between nations and nationalities, for help- already services on the Overseas Private In- easily on July 3 when Russians vote in a run- ing the development of the Russian econ- vestment Corp., a government agency that off election. omy, for especially fruitful activities in sci- helps developing nations. On June 16, Yeltsin narrowly defeated entific development, for bringing together ‘‘I think our foreign aid ought to be prac- Communist Gennady Zyuganov, 35 percent to and mutually enriching the cultures of na- tical rather than theoretical,’’ he said. 32 percent, in the first round of voting but tions and nationalities, and for strength- ‘‘Countries that are hard-up think less about didn’t garner enough votes to prevent a run- ening the peace and friendship between na- democracy than they do about tomorrow.’’ off. tions.’’ Chrystal recently spoke about agribusiness Yeltsin has been endorsed by the third- The Russian Embassy in Washington, D.C., at a seminar in Moscow. place finisher, Alexander Lebed, who has said Chrystal was being honored for activi- ‘‘I detect already a substantial change in joined Yeltsin’s government, and the fourth- ties in all those areas, according to a press attitude,’’ he said. ‘‘. . . The tone of the par- place finisher, Grigory Yavlinsky, an eco- release. ticipants was something new. They were nomic reformer. The other American to receive it was as- talking about competition, efficiencies, crop- Those two endorsements should deliver tronaut Norman Thagard, the first U.S. cit- ping and ventures that were either new or in enough votes to give Yeltsin a comfortable izen to live aboard the Russian space station cooperation with various aspects of the econ- 55 percent to 45 percent victory over Mir. omy.’’ Zyuganov, Vorontsov said. Chrystal, who has been visiting Russia, the Even through he’s visited exotic locales After the July 3 runoff, Yeltsin will re- Ukraine, Georgia and other parts of the and rubbed elbows with international dig- shuffle his government, go to work on the so- former Soviet Union for 36 years, was chosen nitaries, Chrystal says he gets the most hap- cial problems confronting Russia and work for the award at the urging of Yeltsin. piness out of what he sees right here in Car- to make it possible for Russian citizens to Since 1959 he has been helping those coun- roll County. own land, Vorontsov said. ‘‘I think the most successful thing I’ve tries modernize farming and agriculture in- A decree issued by Yeltsin to make it pos- done is seeing farmers in Carroll County en- frastructure. sible for Russians to own land has been tertain Soviets, Russians and Ukrainians. Chrystal has known all Russian leaders— stopped in the Russian parliament, he said. The hosts have fallen in love with these peo- from Nikita Khrushchev through Yeltsin— Yeltsin hopes to be able to push the meas- ple and even traveled to their homes. That’s and most of their agricultural ministers. ure through the parliament after his re-elec- really thrilling to see Americans develop ‘‘I’ve traveled from the Baltic States to tion. Vladivostok, from the permafrost to palm great relationships with them,’’ He said. The 70-year-old Chrystal is a native of If he wins, Yeltsin will serve his second trees. I’m more widely traveled in Russia Coon Rapids. Chairman of Iowa Savings four-year term. Russian law prevents a presi- than I am in the U.S.,’’ he said with a chuck- Bank of Coon Rapids and Carroll and a direc- dent from serving more than two terms. le. tor at several rural Iowa banks as well as ‘‘Economic reform in Russia will continue, He observed the evolution from collective Bankers Trust Co. of Des Moines. Chrystal but we will not be in a rush,’’ Vorontsov state-owned farms to ‘‘a modern attempt at was president of Bankers Trust from 1984–86. said. ‘‘We will analyze before making democracy that has not yet been achieved.’’ For many years he was a grain and cattle changes and bad things should be thrown Chrystal teasingly says he’s done more farmer and is still a partner in his family’s away.’’ criticizing of Russian agriculture than as- farm operation. It is unrealistic to expect change to come sisting. Chrystal is a former state banking super- swiftly, he said. ‘‘I’ve always been anxious to better our re- intendent, former member of the Iowa Board Five to seven years will be needed to turn lations with Russia because I think it can of Regents and former president of the Iowa around the industrial economy and 10 years become an economic partner with the U.S.,’’ Bankers Association and the Iowa Civil Lib- will be needed before agriculture is put on he said. erties Union. He is also a trustee of Grinnel track. Russia is not a third world nation by any College and a director of F.M. Hubbell and Chrystal said Russian agriculture reforms means. Chrystal said, describing it as a place Sons Co. have been hurt by a lack of infrastructure, with vast natural resources and a very well- ‘‘I really don’t know how I was chosen for including credit, roads and machinery. educated populace that survived 1,000 years this award, but I’m very honored and I cer- Vorontsov agreed. of autocracy under the czars and com- tainly haven’t expected it,’’ her remarked. ‘‘We’ve made very meager progress’’ in ag- munism. ‘‘I was always afraid I’d make the Russians riculture, he said. ‘‘It’s not as we should The country has some grave faults, mainly mad, but obviously I haven’t,’’ he added with have done and that’s where we should con- no management of culture by competitive a laugh. ‘‘And who would’ve though a fella centrate now.’’ ideas and no cash, he said. from Coon Rapids would get to know all Developing a market-oriented economy ‘‘And they are having a social, political these Russian leaders?’’ has been slower than the Russian govern- and economic revolution simultaneously and Among the other recipients of the Russian ment has wanted, Vorontsov said, but without blood, which is certainly one of the Order of Friendship is South Africa Presi- changes have been made. first times in the history of the world,’’ dent Nelson Mandela. ‘‘Some seeds of a new market economy Chrystal said. Chrystal said some of the Russian officials have been sown,’’ he said. A big problem for Russia is that change attending today’s ceremony would be stay- Vorontsov said corruption is not being has to happen quickly, he said. ing in Iowa for several days and he hopes to punished in Russia and it will be very hard ‘‘When I was growing up on the farm we bring some to a Carroll Chamber of Com- to stamp out because of the well-entrenched had a two-row planter, and when the neigh- merce reception Friday night at Iowa Sav- Russian bureaucracy. bor had a four-row planter, boy that was a ings Bank in Carroll. ‘‘Corruption is unpunishable now,’’ he said. big deal and we had to have one too,’’ ‘‘Corrupt people should be sent to jail, but it [From the Des Moines Register, June 25, Chrystal said. will be very difficult. The bureaucracy is 1996] ‘‘Imagine these 44-row planters we have still there.’’ today and a satellite that tells you when to RUSSIAN FRIENDSHIP HONOR TO CHRYSTAL However, Vorontsov said foreign invest- increase fertilizer. It’s the beginning of a (By Jerry Perkins) ment is needed in the Russian economy. new era, and the Russians are going to have John Chrystal, Iowa banker and longtime ‘‘Participate with us’’ in the Russian econ- to run faster if they want to be in the same agricultural adviser to the Soviet Union and omy, he said.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9632 CONGRESSIONAL RECORD — SENATE August 2, 1996 [From the Des Moines Register, June 26, other independent states—Chrystal worked Chrystal said he sees his role as agricul- 1996] as partner on the family farm, a successful tural adviser coming to an end. A MARK OF FRIENDSHIP banker and a Democratic party leader. ‘‘I don’t think I have as much to offer any- ‘‘I’ve been very fortunate,’’ Chrystal said. more,’’ he said. There are corn and hogs, but a lesser ‘‘People that I’ve been associated with let Russia will get along fine without him, he known state hallmark is Iowa’s long-term me do other things. Maybe they wanted to said. The country is becoming more and relationship with the former Soviet Union get rid of me. That never occurred to me more stable. Those who predict a return to that has continued with present-day Russia. until this second.’’ communism, he said, should consider all the The essential ingredient: people—Russians Slim chance. His colleagues described nation has accomplished since the Soviet and Iowans who have moved to a productive Chrystal as a rare patriot, a man who is at Union dissolved. common ground where international bridges once intelligent and humble, able and ener- The still-struggling government needs are built from a shared interest in agri- getic. At 70, he is chairman of the Iowa Sav- independence, he said. culture and progress. ings Bank in Coon Rapids and serves on ‘‘I think they’ll succeed, and I think Among the Iowans is John Chrystal, a 70- many boards. they’ll succeed on their own. The faster the year-old Coon Rapids resident, Iowa banker Bill Hess, the bank’s president, said better for us.’’ and agricultural adviser to the Soviet Union Chrystal is ‘‘Tops. Mr. Integrity, spelled He already sees that independence grow- and now Russia. with capital T’s.’’ ing, he said, giving as an example an agri- Chrystal is a charming and insightful foun- ‘‘He’s a wonderful human being,’’ business seminar he attended in Moscow in tain of memories about meetings with Mi- Valentina Slater Fominykh said. ‘‘Your May. khail Gorbachev, observations of Soviet country must be very proud.’’ ‘‘For the first time, I met young people communism and of Russians coming up to Ms. Fominykh, who now lives in Des who were talking a new kind of economic him just to touch the fabric of his—at the Moines, first met Chrystal in 1989. She was a language,’’ who were ambitious and deter- time—all-polyester wardrobe. Soviet foreign-language professor, part of a mined. On Monday, Chrystal was given the highest delegation to Iowa. After an hour of talking and tracing the award that Russians bestow on foreigners: She described Chrystal as a fair man who history of his ties to Russia, Chrystal looked the Order of Friendship. isn’t afraid to express his opinions. around his living room, at the many gifts Praised by the Russian ambassador to the People respect that, Dale Dooley said. and souvenirs from his travels—at the paint- United States, Yuli Vorontsov, Chrystal Dooley of Johnston, Iowa, worked with ings, the carved clock and the colorful rug. joins a noted group of Order of Friendship Chrystal to help form Iowa Transfers Sys- He has many Russian friendships that will honorees that includes South African Presi- tem, now Shazam Inc. outlife his official relationship with the gov- dent Nelson Mandela. The company almost failed, Dooley said, ernment. It’s proud recognition for Chrystal, but but Chrystal’s confidence, contacts and ‘‘My impression is that there will be a new also for Iowa and its contribution to the fu- know-how saved it. critic,’’ he said, smiling, ‘‘which is fine.’’∑ tures of two great nations. ‘‘It amazed me,’’ he said, ‘‘the depth of that man’s knowledge and complexity.’’ f [From the Nebraska World-Herald, July 7, Chrystal has vision, Ms. Fominykh said, 1996] and that vision helped him foresee major SALUTE TO NATIONAL changes in the Soviet Union. REHABILITATION WEEK RUSSIA FOUND A GOOD FRIEND IN OUTSPOKEN ‘‘He was a loyal friend when friendships IOWAN with the Soviet Union were not in vogue ∑ Mr. FRIST. Mr. President, I rise (By Rainbow Rowell) yet,’’ she said. today to salute the founding and suc- COON RAPIDS, IOWA.—A statue of Lenin Chrystal downplays any risks he may have cess of National Rehabilitation Week that once sat in Russian President Mikhail taken by befriending the communist nation. which celebrates the accomplishments Gorbachev’s office now sits in John When he talks about the Cold War, it hardly of people with disabilities and focuses Chrystal’s Coon Rapids farmhouse. seems like enough to send Americans scram- on continuing efforts to improve the It’s as much of a surprise to see it there as bling for their bomb shelters. ‘‘I don’t think we were ever going to at- lives of people with disabilities. This it is to meet an agricultural adviser and year marks the 20th anniversary of Na- friend of the Russian people in this small tack Russia,’’ Chrystal said. ‘‘I don’t think Iowa town. we’re an attacking country, and Russia is tional Rehabilitation Week, and as we Chrystal has spent 36 years cultivating a isolationist.’’ celebrate this week, it is important relationship with the former Soviet Union. He said he never hated communists, never that we take time to applaud the indi- Last month, Russia awarded him the Order thought they were an evil people. He saw viduals who live, work, and succeed of Friendship, the highest honor it bestows their empire as one on the cusp of great with these disabilities everyday. Na- on foreigners. change. ‘‘I never questioned what I was doing,’’ tional Rehabilitation Week serves as a Chrystal has become an expert on the af- Chrystal said. ‘‘I never questioned that they reminder that it is our responsibility, fairs of the Soviet Union. He said he’s an ac- would have to change and would be an enor- as legislators, to insure that those in- cidental expert. He never had any particular mous market for us.’’ interest in the nation, never was especially dividuals with disabilities are able to His willingness and frankness made him a interested in foreign affairs. enjoy the same freedoms and privileges valued adviser to the rapidly changing So- And he certainly didn’t expect the Rus- as all Americans. viet government. Chrystal is widely known sians to ask for his help. Yet that’s almost and well-respected there, Ms. Fominykh While National Rehabilitation Week exactly what happened. said. is normally held in September, it was Chrystal folded his 6-foot-2-inch frame into ‘‘People listen to what Chrystal has to moved up this year to August 15–25 to a living room chair last week and started say,’’ she said. coincide with the Paralympic Games talking about the history of his unique The Soviets respected his opinion because being held in Atlanta. Both events friendship. they knew he was independent from the U.S. A Soviet delegation came to Iowa in 1956, bring together Americans who strive to government, that he was speaking only for overcome barriers and herald the vic- looking for trade. They found Chrystal’s himself, Chrystal said. uncle, Roswell ‘‘Bob’’ Garst, and a whole lot That respect brought him close to leaders tories of Americans with disabilities. of seed corn. Garst visited the Soviet Union such as former Soviet Premier Nikita Khru- The Paralympic Games-which have a few times but didn’t feel like going when shchev and Gorbachev. He speaks easily coincided with the Olympic Games he was invited in 1960. about the two and their roles in history. He since their inception in 1960-were start- So Garst sent Chrystal, who never had speaks with confidence and with the insight ed by Dr. Ludwig Guttmann, a doctor been east of South Bend, Ind., in his place. of an eyewitness. in Post World War II London who Chrystal thought that first visit would be Chrystal never counted his many visits. dreamed that sports could be used to his last, he said. Communist officials took Some years, he didn’t visit at all. Other him on a tour of the country’s key agricul- years, he made three or four trips. He figures improve the quality of life for people tural areas and he was critical of their farm- he has spent about a year and a half there with spinal cord injuries. It took him ing methods. total. 12 years to achieve his goal of creating Surely, Chrystal recalled, the Soviets Yet he never learned to speak Russian. He a worldwide sports competition like wouldn’t ask him to return. But they did, has picked up some. If the conversation is the Olympics for disabled men and again and again. about agriculture, he probably can follow women. And after every trip, he wondered if there along. Like the Paralympics in which more would be another invitation, never really ‘‘I never thought that I would be going counting on it. back so much,’’ Chrystal said, explaining than 4,000 athletes from over 100 coun- Chrystal didn’t quit his many day jobs to why he never learned. ‘‘I was a farmer and a tries will compete this year, National become a diplomat. When he wasn’t visiting banker and I would have had to drive to Rehabilitation Week will celebrate the the Soviet Union—or later, Russia and the Ames to take lessons. Maybe I was lazy.’’ strength of human perseverance over

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9633 physical disabilities. As chairman of get tough on the most violent juve- vention programs for years. But, Mr. the Senate Subcommittee on Dis- niles—trying them as adults and lock- President, we are now seeing com- ability Policy, I have been fortunate to ing them up—so that serious crimes re- prehensive reports demonstrating the have witnessed that strength firsthand. ceive serious punishment. Second, we cost-effectiveness of crime prevention. The last 20 years have brought many can improve our ability to catch all ju- Last month the Rand Corp. released a milestones for Americans with disabil- venile offenders through more vigilant 2-year study comparing the value of in- ities. We have learned the value of re- law enforcement. Accomplishing these vesting in crime prevention versus habilitation for the disabled, and we goals requires more prisons and more tougher penalties and incarceration. It have seen the glory of a dream coming police, and Congress is providing bil- compared prevention programs such as true with the help of a rehab profes- lions to build penitentiaries and fund graduation incentives, delinquent su- sional and sheer determination. We 100,000 new police officers through the pervision, and parent training to a have also watched as perceptions of Crime Act of 1994. ‘‘three-strikes-and-you’re-out’’ law. people with disabilities have been shat- However, a third part of the Crime The study found that crime prevention tered by the perseverance of those peo- Act calls for a different approach. In- was three times more cost-effective ple with disabilities and rehabilitation stead of spending all the money on than increased punishment. professionals who never shied away prisons and police, Congress wanted The study concluded that a State from a challenge. some of it, about 20 percent, to be government could prevent between 157 Mr. President, please join me in sa- spent on preventing crime before it and 258 crimes a year by investing $1 luting the 49 million Americans with happens. million in crime prevention, compared disabilities and the countless rehabili- Now, crime prevention used to be a with preventing 60 crimes by investing tation professionals who take the time dirty phrase in Washington, something the same amount in incarceration. and care to reach for these dreams and that so-called liberals touted and con- Law enforcement officers—the troops shatter the myths. National Rehabili- servatives criticized as a strategy for on the front lines in this battle—are tation Week continues to gain momen- coddling criminals. I hope we have also calling on Congress to fund pre- moved past those simplistic arguments tum. This year, more than 5,000 organi- vention programs. A recent North- and are prepared to recognize the value zations are observing this event na- eastern University survey of more than of crime prevention programs. For tionwide, including Health-South Hos- 500 police chiefs and sheriffs found that years we have heard evidence about the pitals in my home state of Tennessee. three-quarters of them believe the best value of investing some funds in crime This is a week to applaud the accom- way to reduce crime and violence is to prevention, and the fact that these pro- increase investment in prevention pro- plishments of people with disabilities grams measurably reduce crime. More grams. This is not surprising: it con- and to recognize what still must be recently, numerous studies have docu- ∑ firms what we found out last year when done. mented how small investments in a we polled Wisconsin police chiefs and f troubled young person’s life will not sheriffs: almost 90 percent supported only save that child from a life of CRIME PREVENTION the Crime Act’s prevention programs. ∑ Mr. KOHL. Mr. President, I rise today crime and misery, but will also save so- ciety thousands of dollars in court These front line crime fighters know— to discuss the growing problem of juve- better than anyone else—that crime nile crime, and the failure of this Con- costs and prison fees. Most important, these investments protect the lives of prevention works. gress to adequately address it. As the Mr. President, let me be clear on this citizens and prevent tragic crimes be- former chairman of the Senate Sub- point. I am not advocating that we fore they occur. committee on Juvenile Justice, I am There are literally hundreds of exam- commit all our resources to crime pre- particularly alarmed by the growth of ples—I’ll note only two here. A few vention and no money to punishment juvenile violence today, and the fact years ago Fort Worth, TX, initiated a and incarceration. Like the police that we are doing little to slow this program called Code Blue. The pro- chiefs and sheriffs, I support the Crime trend with investments in our young gram offered year round structured so- Act funding formula which allocates 80 people. cial, education and recreational activi- percent for punishment, tougher pen- At a time when crime is generally ties for young people. Kids not only en- alties, and more police, as well as 20 falling, a growing number of young gaged in sports, but received homework percent for crime prevention. people are becoming the perpetrators— assistance and help with college and Unfortunately, in the last 2 years and victims—of violence in America. GED preparation. Five community cen- since that legislation was passed, Con- Juvenile offenders are now responsible ters were established to help young gress has not lived up to its promise to for 14 percent of all violent crime and people get on the right track and make adequately fund crime prevention pro- 25 percent of all property crime. Crimi- a difference in the local neighborhoods. grams and is actually moving toward nologists report that 14 to 24-year-old- According to the Fort Worth Police eliminating the few programs that it black males, who represent just 1 per- Department, crime dropped by 28 per- has funded. Just this week, two bills cent of the population, comprise 17 per- cent within a one mile radius of each were reported out of Committee which cent of all homicide victims and 30 per- center. Gang crimes declined by 30 per- either defund or eliminate virtually all cent of all offenders. Arguments that cent city wide in the first 6 months of effective prevention programs. As a used to be solved with fists in a school 1995. This was achieved at a cost of $10 member of both relevant committees, I yard are now being settled with Uzi’s a year per student—that compares with spoke out against these cuts in com- and Tech 9 semi-automatic weapons. the $40,000 a year it costs to incar- mittee, and will work to reverse them Some schools are starting to resemble cerate a juvenile offender. on the Senate floor. prisons, with metal detectors, armed The results are the same across the First, the Senate Appropriations guards, and bars on the windows. country. A program called Children-At- Committee voted out the Commerce, This is not the healthy environment Risk [CAR] coordinates social service State, Justice appropriations funding that will nurture a new generation. In- agencies, police, and school officials to measure for 1997. Despite mounting evi- stead, this is a recipe for disaster—a target intensive education, counseling, dence of the cost effectiveness of crime formula for creating an army of young and family services at 11–13 year olds. prevention, this bill fails to fund more criminals whose only future is to com- A National Institute of Justice quasi- than $500 million in prevention pro- mit more heinous and vicious crimes experimental study in five cities found grams authorized under the Crime Act. with each passing year. And this army that the CAR test group had almost While I commend the drafters for ap- is likely to expand: there are now more half the number of contacts with police propriating $20 million for Boys and pre-teenagers in America—39 million as the non-participant control group, Girls Clubs, this is a fraction of the under 10 years old—than at any other and had less than half the number of prevention Congress authorized 2 years time in the past generation. contacts with the juvenile court as the ago. There are many ways that society control group. During the same week, the Senate can combat this juvenile crime trend— We have seen these kinds of case Judiciary Committee passed the new 4- and I support all of them. First, we can studies proving the value of crime pre- year authorization for the Juvenile

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00179 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9634 CONGRESSIONAL RECORD — SENATE August 2, 1996 Justice and Delinquency Prevention great for 200 years, and it’s fitting that host-pathogen relationships and rapid Act. The legislation eliminates all the 1 million and first tree will be on-farm DNA-based diagnostic testing. crime prevention grants and uses that planted this year by a volunteer. ARS should emphasize research on In celebration of the bicentennial, money for ‘‘research and evaluation.’’ the genetic basis for host-pathogen re- Mr. President, I am a strong advocate my family and I also planted a tree—in lationships. Scientists already know of research and evaluation, and have Washington DC. Earlier this summer, that exposure, infection, and contami- introduced a bill with Senator BILL Karyn, the boys and I planted a tulip nation of live animals by certain bac- COHEN of Maine that would require fed- poplar—the Tennessee State tree —on teria and parasites can result in patho- erally funded prevention programs to the grounds of the U.S. Capitol Build- set aside money for rigorous, inde- ing. This bicentennial tree will serve as gens in our meat-based foods. Further pendent evaluation. But this proposed the official Tennessee State tree on the research in this area will enable sci- reauthorization funds research at the Capitol grounds and as a testament to entists to develop methods to identify expense of all crime prevention pro- the contagious nature of beautification and select animals that are resistant to grams. That is unacceptable. efforts like Tree City USA. foodborne pathogens. Mr. President, at a time when juve- Mr. President, I commend Tree City Along with studying the host-patho- nile crime is on the rise, when law en- USA for its dedication to the commu- gen relationship, it is important that forcement officials are asking for more nity of Bristol. Projects like Tree City researchers develop rapid, specific, and prevention funds, and when case stud- USA not only benefit the people of sensitive DNA-based diagnostic tests ies and statistical evidence are proving Bristol, but all Americans. I would also that will allow identification of patho- that we can prevent crimes, protect like to commend the people of Bristol, gens in live animals and their produc- citizens, and save money in the long TN and thank them for their efforts. tion environment. By developing tech- run—how can this Congress cut funding Tree City USA could not reach its goal nologies and techniques that make this for crime prevention and eliminate without the hard work of these com- identification possible, we will be able these programs? munity-minded citizens. to prevent meat and poultry contami- ∑ When I walk the streets with police Mr. KERREY. Mr. President I would nation problems in the early stages of officers in Wisconsin and I tell them like to express my appreciation to the production. what Congress is considering, they are managers of the FY1997 Agriculture shocked. These people know what Appropriations bill, the Senior Senator It is also very important that ARS works and they want our help. We from Mississippi Mr. COCHRAN and the develop on-line methodologies for should not turn our backs on America’s Senior Senator from Arkansas Mr. HACCP validation. HACCP involves the police officers and future generations, BUMPERS. Both Senators worked very systematic identification and preven- and resign ourselves to even more pris- hard to see that a well balanced bill tion of safety hazards in food produc- ons and police. We have other alter- came out of Conference. I would also tion processes. I applaud the adminis- natives that we should fund—cost ef- like to note my appreciation that the tration’s decision to implement this fective measures which can prevent conferees made a very wise decision to program and once again would like to crime before it happens. fully fund the Food Safety Inspection emphasize the importance of the Con- Mr. President, I look forward to Service. Full funding for FSIS allows feree’s decision to fully fund the Food working with my colleagues in a bipar- our food safety inspectors to do their Safety Inspection Service so that the tisan fashion to correct the lack of ju- job of protecting the nation’s meat and benefits of HACCP can be recognized. venile crime prevention in the pro- poultry. I also rise to engage Mr. Does the Senator agree that the three posed versions of the Justice Depart- BUMPERS in a colloquy regarding the research areas I just described are im- ment’s funding bill and the Juvenile importance of food safety research portant to the agricultural community Justice and Delinquency Prevention done by the Agricultural Research and as a result deserve the funding we Act. This is not a partisan issue—mem- Service. Understanding the enormous allocated to that purpose? bers from both parties recognize the role that research plays in agriculture, Mr. BUMPERS. I thank the Senator common sense of spending at least a I believe it is important to note that from Nebraska for his question. I sup- small portion of federal funds on pre- by increasing funding for food safety vention. As these bills come to the research the conferees laid the ground- port the Conferees decision to fund re- floor, I hope more colleagues see the work for a safe food supply well into search of host-pathogen relationships, tremendous progress we can make if we the next century. rapid on- farm DNA-based diagnostic just move past the simplistic argu- Mr. BUMPERS. Mr. President, I also testing and improved methodologies ments and recognize the value of a rise in support of the conferees decision for HACCP validation. These three small investment in crime prevention to increase spending on food safety re- areas have been targeted by the admin- programs. ∑ search through the Agricultural Re- istration as priority research that f search Service. This research is a very should be carried out by the Agricul- important part of the Federal Govern- tural Research Service, and I support SALUTE TO BRISTOL TREE CITY ment’s effort to protect the nation’s that prioritization. USA BOARD food supply. The FY1997 Agriculture By supporting research to elucidate Mr. FRIST. Mr. President, I rise Appropriation’s Conference Report sets the relationship between livestock and today to commend the Bristol TN, Tree spending for ARS Food Safety Re- pathogens, we will lay the foundation City USA Board, which was founded 6 search at $5.5 million. By increasing for breeding livestock that are resist- years ago to enhance the natural beau- funding for this research the Conferees ty of the Bristol area. took an important step toward ensur- ant to foodborne pathogens and devel- Under the leadership of Dr. Donald ing that our food supply meets our oping effective on-farm diagnostic Ellis, the tree board has embarked on a highest expectations. tests. In this manner, scientists can massive reforestation project in their Mr. KERREY. Mr. President, I appre- improve our food production systems area. Since the effort began, ciate Senator BUMPERS’ support of this in the earliest stages before the meat Tennesseeans have volunteered one by important issue. I would like to talk ever reaches the processor. Further- one to plant trees around Bristol with about several particular food safety re- more, effective methodologies for the goal of planting 1 million trees by search initiatives. I strongly support, HACCP validation will help federal the Tennessee bicentennial this year. along with the Conferees, three impor- food safety inspectors to ensure that Mr. President, I’m proud to say that tant components of pre-harvest and our meat and poultry is not contami- these volunteers have not only reached post-harvest food safety research pro- nated. The Conferees sent a strong their goal, but they will gather to- posed by the Agricultural Research message that they support food safety gether on September 6 to plant tree Service. The Conferees made the right research at the Agricultural Research number 1 million and one. decision to fund research of methodolo- Service and I am pleased that the bill This is truly an example of the spirit gies for Hazard Analysis and Critical provides increased funding for this pur- that has made the Volunteer State Control Points (HACCP) validation, pose.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00180 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9635 TRIBUTE TO SERVICE CORPS OF In 1971, Patricia began her first job in tric companies in Arizona recently RETIRED EXECUTIVES CHAPTER the housing field in the Chicago Re- were honored as recipients of the Edi- NO. 38 ON THEIR 30TH ANNIVER- gional Office of the Department of son Electric Institute’s 1996 Common SARY Housing and Urban Development Goals Awards. ∑ Mr. SMITH. Mr. President, I rise [HUD]. She worked as an Urban Re- The Arizona Public Service Company today to pay tribute to Service Corps newal Representative, advocating for received a Special Distinction Award of Retired Executives Chapter No. 38. and advancing the cause of civic re- for energy efficiency from Edison Elec- This year, Chapter 38 celebrates 30 newal projects in the Chicago area. tric Institute for their work on elec- years of service to the Laconia area. As In October 1971, HUD established an trical efficiency in architectural de- a former small business owner myself, office in Patricia’s home State of Min- sign. Specifically, Arizona Public Serv- I am proud to extend my warmest con- nesota. Patricia moved back to the ice Co. was honored for its design of an gratulations to this outstanding busi- Twin Cities to serve as a Metropolitan Environmental Showcase Home that ness advocacy organization on this mo- Development Representative where she uses 60 percent less electricity and mentous occasion. worked closely with metro-area com- water than standard energy efficient SCORE is a volunteer program spon- munities to use HUD grant funds for homes built in Arizona today. In- sored by the Small Business Adminis- water and sewer projects, neighborhood creased energy efficiency is of great tration which helps New Hampshire’s facilities, parks, and historical preser- importance to Arizona and the Nation. small businesses to establish them- vation initiatives. She played crucial I commend Arizona Public Service Co. selves, expand, and create jobs in our roles in both the Minnesota Valley for its efforts to achieve greater energy communities. It is a nationwide service Restoration Project and the Hennepin efficiency in our homes and encourage organization with 13,000 volunteers. County Park Reserve District. other utilities across the country to There are 383 locally organized and In July 1974, Patricia’s career path follow their lead in working toward took her to Alexandria, VA, to serve as self-administered chapters, all of which more energy efficient architectural de- assistant to the director of the Alexan- work in or near their home commu- signs. dria, VA, Planning Department. Work- nities and offer their services at no I also want to congratulate the Tuc- ing primarily on housing issues, she charge. SCORE has been helping Amer- son Electric Power Co. for their work helped to lay the groundwork for Alex- ican small businesses to prosper since on a project entitled ‘‘Driving Drunk andria’s Housing Assistance Program. Will Put Your Lights Out.’’ The Tucson 1964. In February 1976 she returned to Min- SCORE matches volunteers with Electric Power Co. received a Commu- nesota to the Minnesota HUD Office as small businesses that need expert ad- nity Responsibility-Special Needs Housing Assistance Specialist. She vice. They share management skills Award from the Edison Electric Insti- worked with Minnesota communities and technical advice with prospective tute for this successful project to com- on the implementation of the Housing bat drunk driving. Their efforts were and present small business owners. Assistance Program much as she had in recognized for producing dramatic re- Their in-depth counseling and training Virginia. helps business owners identify manage- In 1985, Patricia was named Special sults, including a 60-percent decline in ment problems and find solutions. Most Assistant to the Field Office Manager, alcohol-related traffic incidents in of SCORE’s volunteers are retired ex- a position in which she handled respon- Pima County after ten months. The na- ecutives, but some are still employed sibilities ranging from public and con- tional conscience has been raised to full time. New Hampshire Chapter 38’s gressional affairs to HUD special the need for community involvement 24 active members have worked tire- projects like the affirmative action in order to eliminate the preventable lessly, handling one of the largest case- plan. In this capacity, Patricia played deaths associated with drunk driving. loads in the state. One member, Horace a key role in assuring that adequate Tucson Electric Power Co. is to be Walsh, for example, has been with minority participation was utilized in commended for working to meet the Chapter 38 for 25 years. This out- the construction of the new Federal special needs of their community and standing record of service is the epit- building that was being built in down- getting involved in such a worthwhile ome of the Granite State community town Minneapolis. cause. spirit and entrepreneurship. In the last decade, Patricia has con- Energy efficiency and meeting the SCORE is an excellent example of tinued to become actively and cen- special needs of our communities to community service at its finest. It trally involved in many programs per- prevent the harms caused by drunk gives people the opportunity to share taining to housing and the homeless. driving are important public matters their expertise with others, that they Patricia’s dedication, leadership, and and I am very proud that Arizona com- may find the same measure of success. spirit have been instrumental in count- panies have been recognized for their Such service allows executives to give less successes as a volunteer with Habi- leadership in those areas.∑ back to the community that supported tat for Humanity and in working with f them. By helping small businesses the Metropolitan Interfaith Commu- U.S. INTELLIGENCE RESPONSE TO grow, they are contributing to the nity for Affordable Housing, TERRORISM growth of their local economy and pro- In 1995, Patricia was the first Govern- ∑ viding more opportunities for the com- ment official to receive a well-deserved Mr. KERREY. Mr. President, when I munity. award from the Minnesota Coalition took to the floor to discuss the bomb- New Hampshire is fortunate to have for the Homeless. ing at Khobar Towers several weeks an organization like SCORE helping Today, Patricia continues her work ago I stated someone is making war on small businesses. I commend SCORE helping to address such serious and us. I would like to reiterate that point. and each one of their committed and complex issues as homelessness and the We are in active conflict, Mr. Presi- dedicated volunteers for their tremen- availability, quality, and affordability dent, and this is not the time for politi- dous community service as they cele- of public housing on behalf of Minneso- cians safe behind secure barriers to brate their 30th anniversary.∑ tans and their communities. publicly snipe at the way our Govern- f It is a privilege for me to recognize ment is fighting this battle. Yet I note and applaud Patricia Mack for her fine the Speaker of the House of Represent- CONGRATULATIONS TO PATRICIA work and many contributions over the atives is accusing the administration MACK years. She is an inspiration, and I wish of having undermined and crippled one Mr. WELLSTONE. Mr. President, I her continued future success. of our principal weapons against ter- rise to pay tribute to my constituent, f rorism, the human intelligence capa- Patricia Mack, an outstanding Housing bilities of the Central Intelligence and Urban Development [HUD] em- RECIPIENTS OF EDISON ELECTRIC Agency. ployee and housing activist. Over the INSTITUTE’S 1996 COMMON This charge is baseless, Mr. Presi- years, she has accomplished a great GOALS AWARDS dent. In fact, the greatest build-up of deal in her work in the area of public ∑ Mr. McCAIN. Mr. President, I am our human intelligence capability oc- housing. proud to announce that two local elec- curred under the bipartisan leadership

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9636 CONGRESSIONAL RECORD — SENATE August 2, 1996 of Senators Boren and COHEN several As for Americans abroad, I do not con- employ drug testing if necessary and Congresses ago. They understood that stitute that our people overseas are in allow the women only one slip or re- growing stronger in human intelligence any greater risk from terrorism than lapse before removing them from the is a long-term enterprise. It involves they have ever been in peacetime in program. A thorough screening finds the recruitment and development of our history. Why this anomaly, when women who can demonstrate a com- people over many years, and it is one of we see how uniquely vulnerable we are? mitment to the program and improving the activities of government which are One reason is our superb intelligence. their lives and the lives of their chil- not much affected by sudden infusions It is present everywhere in the world, dren. of money. working closely with our allies to ac- Marguerite’s Place enjoys a tremen- The Speaker’s inference that the tively track terrorist organizations dous amount of state and community Clinton administration has allowed the and individuals far from atrophying nation’s intelligence capabilities to de- under the Clinton administration, it is support from the citizens of Nashua. It teriorate is not supported by the facts. a potent instrument to keep Americans received funds from the Office of Alco- He has clearance, as does every Mem- safe. hol and Drug Prevention for the pur- ber, to examine the budget numbers Rather than fear of failure, we should chase and rehabilitation of the building and see that the Clinton administra- recognize we are living in a period of and from the Department of Housing tion has requested, and Congress has successful action against terrorism. We and Urban Development as a con- generally supported, a very robust in- should praise the Americans involved tinuum care program. They now re- telligence capability for the United in this shadowy struggle and support ceive operational funding from the States. them, and continue to give them what United Way for their program, and Mr. President, the Speaker’s com- they need. Saying they are crippled is local religious groups have been in- ments are an effort to draw short-term neither constructive nor accurate, al- valuable. Community youth help Mar- political advantage out of some of the though it may give false comfort to our guerite’s Place through events such as painful events in a long-term conflict. enemies.∑ the United Way Youth Day of Caring I would suggest another approach: To f and Rivier College, which sends staff take a long view of why we Americans TRIBUTE TO MARGUERITE’S out to discuss health issues with the are vulnerable to attack, why this war PLACE OF NASHUA, NEW HAMP- women. is being waged, and to examine wheth- SHIRE Marguerite’s Place is the type of pro- er our adversaries are having much ef- ∑ Mr. SMITH. Mr. President, I rise gram that this country needs because fect. it not only provides people with an im- We are likely terrorist targets for at today to pay tribute to Marguerite’s mediate opportunity but teaches them least four reasons. Place, a support home for disadvan- First, more than any other country, taged women and children in Nashua, how to improve their lives. The women we are uniquely present in the world. NH. This outstanding service organiza- are given a chance and the responsi- We are the only superpower, our mili- tion, sponsored by the Sisters of Char- bility to make something of it. By giv- tary is by far the most deployed mili- ity, provides a very welcome service in ing them this responsibility, they em- tary on earth, and our businesses are New Hampshire. The Grey Nuns have power these women. Their success rate also present everywhere. I trust the worked hard to ensure the success of shows that this type of program, com- Speaker is pleased with America’s for- this very special place. bining aid with responsibility, works. I ward presence; I certainly am. It is Marguerite’s Place is designed to pro- commend Marguerite’s Place for an ex- both a sign of, and an essential compo- vide a fresh start for women in abusive cellent job meeting community needs. nent of, our power. or other disadvantaged situations. It is The caring of Sisters Sharon and Second, we are a country that takes unique because it allows women to Elaine has given hope to women in des- strong positions in foreign policy mat- keep and continue to care for their perate situations and provided a way ters. Strong positions buy you enemies, children, promoting strong family val- out of that situation. I am proud to and some of those enemies are terror- ues. It is also a long-term support pro- thank them of behalf of the Granite ists. We stand up for Israel, the only gram that teaches women how to put State.∑ democracy in its area. That buys us en- their lives back together. Sisters Shar- on Walsh and Elaine Fahey, who man- NEED FOR PRIVACY PROTECTION IN CONNECTION emies. We are publicly allied with Tur- WITH COMPUTERIZATION OF HEALTH CARE IN- key, another embattled democracy in a age Marguerite’s Place, previously ran FORMATION tough neighborhood. That, Mr. Presi- a similar program in inner city Phila- ∑ dent, buys us more enemies. We are delphia that had a very high success Mr. LEAHY. Mr. President, for the leading the global fight against inter- rate. Between them they have 20 years past several years, I have been engaged national narcotics trafficking, and experience helping poor women re- in efforts to make sure that Ameri- some violent people take umbrage at structure their lives. cans’ expectations of privacy for their that. We should be proud of these Marguerite’s Place can accommodate medical records are fulfilled. I do not strong policy positions. I am. seven women and their children and want advancing technology to lead to a Third, we are the most open society provides vital support services like loss of personal privacy and do not in the world, which is a main reason it day-care. Women may stay in Mar- want the fear that confidentiality is is such a delight to live in this coun- guerite’s Place for up to 2 years and being compromised to deter people try. I do not advocate changing our have access to continuing day-care for from seeking medical treatment or sti- openness—but it does make us more 5 years through the aftercare program. fle technological or scientific develop- vulnerable to terrorism. While Marguerite’s Place does provide ment. Fourth, we are the world’s greatest some necessary services, the sisters are The former Republican Majority capitalist nation. We represent the determined not to do anything for the Leader Bob Dole put his finger on this power to make life better by improving women that they are capable of doing problem when he remarked that a your material circumstances, and by for themselves. During their stay, the ‘‘compromise of privacy’’ that sends in- enjoying the wealth you produce by women must pay rent and utilities, buy formation about health and treatment and prepare their own food, and are re- your own labor. To many fundamental- to a national data bank without a per- ists—not all of them Moslem—that sponsible for the maintenance of their son’s approval would be something that makes us the ‘‘great Satan.’’ Still, I quarters. The Grey Nuns’ philosophy none of us would accept. Unfortu- trust no politician would want to for Marguerite’s Place is to empower nately, the former Republican majority change this element of our character, women to move forward into the future leader’s worst nightmare, and mine, is even though it does buy us enemies. with hope. Mr. President, despite this vulner- The sisters are tough about the rules being facilitated by provisions inserted ability, I submit we Americans are still of Marguerite’s Place, but they provide by the House into this conference re- safer from terrorism than any other a safe environment for women who port that require the development of a people on earth. When it comes to ter- need time to heal. For example, no men national health information system. rorism and political violence, I chal- are allowed in the building at any time The conference report includes provi- lenge anyone to name a safer country. and there is a security system. They sions that require a system of health

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00182 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9637 care information exchanges by com- and the NII. In addition to financial tial and secure from unauthorized dis- puters and through computer clearing- and other information discussed in closure. Early on the administration’s houses and data networks. These are that report, there is nothing more per- health care reform proposals provided provisions that were not included in sonal than our health care informa- that privacy and security guidelines the Senate bill and have not been sepa- tion. We must act to apply the prin- would be required for computerized rately considered by the Senate. ciples of notice and consent to this sen- medical records. The administrations’s The Senate sponsors of a similar bill, sitive, personal information. It is time Privacy Working Group of its NII Task which is pending without action before to accept the challenge and legislate so Force has been concerned with the for- the Senate Finance Committee, ac- that the American people can have mulation of principles to protect our knowledged the need to establish some assurance that their medical his- privacy. In these regards, the President standards not just for accomplishing tories will not be the subject of public is to be commended. electronic transactions but also for the curiosity, commercial advantage or The difficulty I had with the initial privacy of medical information. Unfor- harmful disclosure. There can be no provisions of the President’s Health Se- tunately such standards are not in- doubt that the increased computeriza- curity Act I now have with this con- cluded in this bill. tion of medical information has raised ference report. We cannot delay enact- I worked during Senate consideration the stakes in privacy protection. The ment of laws to protect our health care of the Kennedy-Kassebaum bill in April nationwide, comprehensive comput- privacy for several more years. This to include such protections. Indeed, erization represented by the adminis- bill will require that personal health along with Senators KASSEBAUM, KEN- trative simplification provisions of this care information be available for elec- NEDY, BOND and BENNETT, we were able conference report makes the enact- tronic transmission without proper to reach agreement on an amendment ment health care privacy legislation protection and without any effective that would have combined administra- essential. way for a patient to object or withhold tive simplification provisions with Three years ago, I began a series of consent from such insecure trans- critical privacy protection provisions. hearings before the Technology and the mission. The two-track system for es- Our proposal was, unfortunately, not Law Subcommittee of the Judiciary tablishing national computer networks included in the Senate bill due to an Committee. We explored the emerging of health care information within 18 objection from the staff of the Senate smart card technology and opportuni- months and getting to the fundamental Finance Committee. This was espe- ties being presented to deliver better issue of privacy protection some 2 or 3 cially troubling since similar provi- and more efficient health care services, years later is unacceptable and wrong- sions had been included in the Finance especially in rural areas. Technology headed. Having introduced health care pri- Committee bill reported in the last can expedite care in medical emer- vacy legislation in the last Congress, I Congress and in Republican Leader gencies and eliminate paperwork bur- joined with Senator BENNETT and oth- Dole’s bill—as well as in the Labor dens. But it will only be accepted if it ers in introducing the Medical Records Committee bill and Democratic Leader is used in a secure system protecting Confidentiality Act, S. 1360, in this Mitchell’s bill and in the bill produced confidentiality of sensitive medical Congress. Our bill establishes in law by the mainstream group. conditions and personal privacy. Fortu- Now we are confronted with a con- the principle that a person’s health in- nately, improved technology and formation is to be protected and to be ference report that calls for nationwide encryption offer the promise of secu- kept confidential. It creates both data networks to be established within rity and confidentiality and can allow criminal and civil remedies for inva- 18 months but contemplates delay of levels of access limited to information sions of privacy for a person’s health the promulgation of any privacy pro- necessary to the function of the person care information and medical records tection for 42 months. That is not the in the health care treatment and pay- and administrative remedies, such as way to proceed. When the American ment system. Unfortunately, the con- debarment for health care providers people become aware of what this law ference report fails to include techno- who abuse others’ privacy. requires and allows by way of computer logical or legal protections for pa- This legislation would provide pa- transmission of individually identifi- tients’ privacy. tients with a comprehensive set of able health information without effec- In January 1994, we continued our rights of inspection and an opportunity tive privacy protection, they should de- hearings before that Judiciary Sub- to add corrections to their own records, mand, as I do, prompt enactment of committee and heard testimony from as well as information accounting for privacy protection. the Clinton Administration, health disclosures of those records. I have long felt that health care com- care providers and privacy advocates The bill creates a set of rules and puterization will only be supported by about the need to improve upon pri- norms to govern the disclosure of per- the American people if they are as- vacy protections for medical records sonal health information and narrows sured that the personal privacy of their and personal health care information. the sharing of personal details within health care information is protected. As I focussed on privacy needs, I was the health care system to the min- Indeed, without confidence that one’s shocked to learn how catch-as-catch- imum necessary to provide care, allow personal privacy will be protected, can is the patchwork of State laws pro- for payment and to facilitate effective many will be discouraged from seeking tecting privacy of personally identifi- oversight. Special attention is paid to help from our health care system or able medical records. A few years ago emergency medical situations and pub- taking advantage of the accessibility we passed legislation protecting lic health requirements. that we are working so hard to protect. records of our videotape rentals, but we We have sought to accommodate le- These are among the serious problems have yet to provide even that level of gitimate oversight concerns so that we being created by the conference report privacy protection for our personal and do not create unnecessary impediments provisions that do not enact or require sensitive health care data. to health care fraud investigations. Ef- promulgation of effective privacy pro- As policymakers, we must remember fective health care oversight is essen- tection. that the right to privacy is one of our tial if our health care system is to The American public cares deeply most cherished freedoms—it is the function and fulfill its intended goals. about protecting their privacy. Louis right to be left alone and to choose Otherwise, we risk establishing a pub- Harris polling indicated that almost 80 what we will reveal of ourselves and licly-sanctioned playground for the un- percent of the American people ex- what we will keep from others. Privacy scrupulous. Health care is too impor- pressed particular concern about com- is not a partisan issue and should not tant a public investment to be the sub- puterized medical records held in data- be made a political issue. It is too im- ject of undetected fraud or abuse. bases used without the individual’s portant. Those who have been working with consent. The American people know I am encouraged by the fact that the us on the issue of health information that confidentiality of medical records Clinton administration has understood privacy include the Vermont Health In- is extremely important. that ‘‘health security’’ must include formation Consortium, the Center for The Commerce Department released assurances that personal health infor- Democracy and Technology, the Amer- a report earlier this year on Privacy mation will be kept private, confiden- ican Health Information Management

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00183 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9638 CONGRESSIONAL RECORD — SENATE August 2, 1996 Association, the American Association was the only Member of Congress to clude appropriate privacy protection in of Retired Persons, the AIDS Action protest the inclusion of those provi- the future. We must rededicate our- Council, the Bazelon Center for Mental sions without any attention to privacy selves to act at the earliest moment. I Health Law, the Center for Medical protection last year. Fortunately, oth- hope we can do so before adjourning Consumers, the New York Public Inter- ers are now beginning to recognize the this year. Privacy was left off the table est Group, the National Association of need for action. at this House-Senate conference. It Retail Druggists, the Legal Action During the last few days we have must be given a central place and high- Center, IBM Corp., and the Blue Cross been able to improve the conference re- est priority if this scheme for techno- and Blue Shield Association. They have port, but only slightly to the point logical development is to proceed. worked tirelessly to achieve a signifi- that it is now. Initially, it would have I would ask all to join with us in a cant consensus on this important mat- expressly preempted all States’ laws constructive manner to create the best ter. that provide privacy protection for set of protections possible at the ear- The Labor Committee conducted health information and records and liest possible time. With continuing hearings last year on this legislation made it virtually impossible later to help from the Administration, health that showed significant support for the add privacy protection measures. Now, care providers and privacy advocates measure. Senators KASSEBAUM and there is at least an exception to the we can enact provisions to protect the KENNEDY have worked hard on this Federal preemption language for State privacy of the medical records of the matter and helped us to revise and im- laws relating to the privacy of individ- American people and make this part of prove the provisions of the bill. The ually identifiable health information. health care security a reality for all. ∑ working version of the bill now in- This is only a start because, as I have f cludes several important changes from noted, the State laws are not suffi- the language originally introduced. We ciently protective or comprehensive in TRIBUTE TO NEW HAMPSHIRE BOY have tried to make it more patient cen- the protections they seek to provide. SCOUTS OF AMERICA TROOP NO. 135 AS THEY CELEBRATE THEIR tered and sensitive. We have elimi- Senator BENNETT and I have been nated the section on and references to trying to respond to suggestions for 50TH ANNIVERSARY a health information service. We would improvements to our bill as originally Mr. SMITH. Mr. President, I rise require informed consent for use of in- introduced. We have been working today to pay tribute to New Hampshire dividually identifiable health informa- closely with the Chair and Ranking Boy Scouts of America Troop No. 135 as tion for research. Democrat of the Labor Committee, they celebrate their 50th anniversary. I It is with this in mind that I am Senators KASSEBAUM and KENNEDY, and am proud to congratulate such an out- troubled by indications in the con- with all interested parties. standing organization as they observe ference report discussion that research I deeply regret that we have not been this impressive milestone. Troop 135 is viewed by some as an area where pri- able to develop a complete consensus has a long history of achievement and vacy rights should be sacrificed and to enable privacy provisions to be in- service to their community. consent not required for use of individ- cluded in this measure at this time. Boy Scout Troop 135 was founded in ually identifiable health information. I When supporters of measures to stand- 1946 by seven men with Leo Leclerc as feel strongly to the contrary and be- ardize and require the electronic ex- their Scoutmaster. Among the found- lieve that research should include con- change of health care information in- ing members was Albert Bellemore, sent consistent with current, recog- sisted that administrative simplifica- whose son Raymond is the current nized professional standards and codes tion mandates be included in this con- Scoutmaster for the troop. Raymond, of conduct for clinical research. We ference report without any significant who has served for 34 years is the hold- need not and should not weaken those privacy protection, we could only ob- er of the Catholic Diocese St. George standards and protections through tain a limited opportunity to include Award of Merit, the Boy Scout Silver poorly conceived Federal mandates. privacy protection somewhere down Beaver Award from the National Coun- It is unfortunately that criticism of the road. While the conference report cil of Boy Scouts of America, and was S. 1360 from some quarters tended to provides express protection for busi- the first in the state to receive the Na- obscure its purpose and impede its ness trade secrets and confidentiality tional Eagle Scout Association progress. Some critics were unwilling for commercial information, it all but Scoutmaster’s Award. to work with us to improve the bill. ignores personal privacy and provides Troop 135’s 50 year history is marked Their recalcitrance helped create the no current protection for individually by distinction and achievement like threat we face in this conference report identifiable health information. Raymond’s. More than 968 Boy Scouts of federally mandated computer net- I will continue to work on this im- have been members of Troop 135 over works of sensitive health information portant issue. We are still engaged in the years and 81 of them have attained without simultaneous enactment of discussions with some who have come the rank of Eagle Scout. To become an privacy protection. forward with concerns very recently Eagle Scout, a young man must earn I know that these are important mat- and have yet to offer suggestions for badges for citizenship in the commu- ters about which many of us feel very improvements or alternative language. nity, citizenship in the nation, and strongly. It is never easy to legislate Our fervent desire to make the Medical citizenship in the world. This is an im- about privacy. Those of us who care RECORDs Confidentiality Act the best portant recognition for a young man. about protecting privacy have no ac- bill it can be should not be doubted. I Troop 135 has been involved in nu- ceptable alternative and must pull to- come forward today to declare that fur- merous Scout activities and won many gether to achieve that which has al- ther delay by critics cannot and will prestigious awards over the years. ways been our goal—prompt enactment not be tolerated. If they have sugges- They have participated in many High of effective privacy protection for tions for improvements to the bill, Adventure trips and every National health care information. they need to make them without delay. Boy Scouts Jamboree since the troops When I testified before the Labor Our window of opportunity is closing. founding. Troop 135 has won the Klon- Committee earlier this year I sug- The conference report allows the Sec- dike Derby district and statewide tro- gested that our critics look at the bill retary 12 months to make rec- phy almost every year for the past 20 against the backdrop of the lack of pro- ommendations. She has been engaged years. Many of Troop 135’s 968 members tection that now exists in so many in this process from the outset so we have been very decorated Scouts. Many places and in so many ways and the need and expect her recommendations alumni of Troop 135 are returning for computerization of medical informa- immediately. Congress must get about the anniversary celebration festivities tion. Indeed, in 1995 the House had bur- the job of enacting tough, effective pri- on the weekend of August 16–18. They ied within its budget reconciliation bill vacy protection before mandated com- will hold a reunion, an open house, and provisions that would have required puter transfers of medical information a formal court of honor for the development and use of protocols become effective. We cannot risk the Scoutmasters and Eagle Scouts. ‘‘to make medical information avail- loss of privacy in the interim. More- The Boy Scouts of America promotes able to be exchanged electronically.’’ I over, it will be near impossible to in- good citizenship, character-building,

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9639 and community service among the boys well-off town in Bergen County, one of the would be cheating the taxpayer. I had to hide of this country. Troop 135 of Sacred wealthiest counties in the state. I worked any evidence of the prosperity I was enjoying Heart Parish has built a reputation for my way up through the ranks of New Jer- form my paper route—even the household es- providing the youth of the community sey’s largest newspaper, covering every sentials we bought with the money I earned. county and the statehouse in Trenton, and My brothers’ bikes, bought second-hand, had with the leadership skills needed to be eventually I became the paper’s Washington to be hidden before the visits. successful in today’s society. Boy bureau chief. Later, I was a television re- What got us into this predicament? My fa- Scouts of America provides good, solid porter for New Jersey Network, and I was ther lost his job. Does it become a more ac- role models for the youth of our Nation the spokesman for one of our United States ceptable welfare story when I say it was be- and teaches them to be community senators. I am now the president and an cause he contracted terminal lung cancer minded. In this organization, they owner of a multimillion dollar company. and took six years to die? As opposed to learn valuable skills that will serve I point this out only to emphasize that I being a victim of economic cancer? cobbled together a professional life after I won’t insult victims of poverty or fami- them for a lifetime. I am proud to have starting out poor—and on welfare—in New lies on welfare by fully equating my time on such an outstanding Boy Scout troop Jersey. And now, a day hardly goes by with- welfare, or being poor and white in suburbia here in the Granite State. Congratula- out a personal incident or a public headline in the sixties, with the problems they are tions on reaching this tremendous reminding me how we’re making it harder in facing now. The problems now are worse, milestone. New Jersey for the disadvantaged to follow a meaner. And bleaker. From my experience, and in discussions f similar path of opportunity. And that upsets me. with people who lived or live in similar cir- THE QUALITY OF MERCY Several months ago, I was at Menlo Park cumstances, there is one profound misunder- standing that policymakers and the public Mr. LAUTENBERG. Mr. President, I Mall conducting voter interviews with a camera team for a weekly political com- have about poverty: You do not choose it; by ask that an excellent article about wel- mentary I do for NJN. Person after person in and large, it chooses you. fare, ‘‘The Quality of Mercy’’, by these opulent surroundings railed against big The Democratic party meant to do well James McQueeny, be printed in the government. The phrase ‘‘welfare cheats’’ when it stitched together the welfare safety RECORD. was usually the caboose on their long trains net during the Depression. And welfare Mr. President, I had the good fortu- of lament, mostly about the economy. worked well enough for a while. But as time nate of benefiting from Jim As I stood before them, I reverted to a passed, we didn’t have the political common sense to stop sewing when it wasn’t working McQueeny’s competence and compas- habit I’ve had since poverty. I looked at the shoes of the people I was talking to. Why? well enough. We do need to come up with sion when he served as my press sec- Probably because my four brothers and I something else. retary several years ago. These same thought good shoes were the province of But the latest plan being bandied about, qualities are evident in his article, ‘‘rich people.’’ Our ‘‘school shoes’’ were worn the Contract With America welfare-reform which is an eloquent statement about only to school and Mass, and they had to last proposal, really boils down to turning the what it means to be on welfare, and until they literally disintegrated on our feet. program back to the states with guidelines what the welfare reform bill will mean I can still recall going into town to a busi- about cutting off benefits to the needy to- morrow, while declaring victory today. The for real people. ness that had an industrial staple gun, so I could either secure the flapping soles or reason that this reform plan won’t work is I urge all my colleagues to read the that you can cut spending all you want, but article. repatch the holes with wads of oilcloth sta- pled from the inside so no one would notice. the same mothers and children will have the The article follows: Instinctively, my gaze fell upon the shoes same food and sheltering needs at roughly [From the New Jersey Monthly, July 1995] of the people complaining about things being the same cost come the end of the day—no THE QUALITY OF MERCY—MANY NEW so bad economically in New Jersey. Without matter how you cook the books or serve the JERSEYANS BELIEVE THAT WELFARE ISA exception, they were wearing designer baloney. And, yes, there will always be some WASTE. ONE MAN—NOW A SUCCESSFUL EX- shoes—those kinds of sneakers that sales- lumpen layabouts or drug-fried fools who ECUTIVE—WHO’S LIVED ON IT DISAGREES people bring to you so delicately you’d think will rip off the system for dollars at the mar- gins, get all the headlines, and jump-start (By James McQueeny) they were explosives, or those spiffy Rock- port walking shoes. I was so amazed by those another sorry cycle of retribution against I’m not a member of any obvious minority walking shoes that I was compelled to go the truly poor and needy. group (being the son of an Irish immigrant into a shoe store and price them. One hun- Part of the problem is that Congress, and no longer counts), although these days I dred and twenty dollars! On sale! state legislatures, are overstocked with af- might qualify as out of the mainstream be- With those kinds of shoes on their feet, fluent lawyers, professionals, and full-time cause I am a Democrat. My views on welfare they’re feeling that much anger? I thought. politicians who are more than able and will- seem to place me even more squarely in the And about the economy? They’re not com- ing to impart their professional experiences minority. And I am very concerned about plaining about what they don’t have. They’re on tort reform, health care, or the next day’s what we as a society are saying and doing complaining that they don’t have enough. news cycle. I know it’s not fair, but I’ve seen about that issue. Has poverty become so trivialized that the what these politicians drive to work and We in New Jersey, the second richest state New Downtrodden are those who can’t afford leave in the parking lots outside the Con- in the nation, are in the best position pos- Rockports? gress and the state capital. Nobody’s holding sible to do something about poverty and wel- Unfortunately, it looks like it. I only wish the mufflers of those cars together with fare reform, yet we’re going about it with that some of these people could have learned hanger wire, I can assure you. the worst possible attitude. The very success the lessons of poverty the way I did—through All of this seems so fresh, so important to of New Jersey’s post-war suburbanization experience. Like the time I couldn’t tell my me, because I know that welfare made it pos- has fueled what some pollsters call the teacher I didn’t have $1.50 for a science mag- sible for me to go as far as I have. I still have Drawbridge Mentality—the mindset of peo- azine subscription because I’d be revealing my family’s welfare application, signed by ple who find their castle and pull up the that I was on welfare in a rich town. Instead, both my parents, for my sons to see. I tell drawbridge on everybody and everything I always said I forgot the money. He marked them to remember it’s nothing to be else. And who in suburbia actually lives near me up as a wise-guy deportment case, which ashamed about. To the contrary, it was a someone in poverty or on welfare? C’mon, I helped drive my grades down. safety net that scooped up seven people from mean really knows them. By face. By name. Some teachers ridiculed my scraggly shoes our family, and the investment in us let us I do. I was one of them. So I’ve always been in front of classmates, unthinkingly viewing re-invest our lives—and our taxes—in Amer- aware of poverty slights, and they’re on the them as an issue of cleanliness rather than ica. increase. I’ve cringed at a ‘‘progressive’’ sug- pennilessness. The shame would come from not extending gestion by a prominent New Jersey business On one free field trip (I stayed behind in our hands to someone else. But the real leader who told me he wants to help the poor study hall for the paid ones), I borrowed a shame is that that could become a minority ‘‘get off their asses.’’ As if these people wake camera from a classmate on the bus to take view in a state like New Jersey.∑ up every morning looking for ways to make a picture of some mundane highway bridge f themselves poorer. Or the Democratic politi- that crossed the Passaic River, about ten cian who was trying to rationalize reforming miles from home. They all had a riotous SALUTE TO MARY MOORMAN welfare by not extending benefits to addi- laugh when they found out I’d never been RYAN CALDWELL AND ANN HAR- tional children of welfare mothers. As if the this far from home because we never had a DIN GRIMES child had a choice of mother and neighbor- car. ∑ Mr. FRIST. Mr. President, the last 2 hood. And, yes, we were forced to ‘‘cheat’’ on As someone who has lived at the extreme welfare, too. The ‘‘welfare lady’’ visited the weeks have been filled with triumphs ends of the economic spectrum in New Jer- house at pre-arranged times to make sure we and struggles for United States ath- sey, I know firsthand the frightening reality weren’t buying things that would indicate letes competing in the Centennial of life in poverty. I grew up on welfare, in a alternative incomes of some kind. That Olympics in Atlanta. We have all

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00185 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9640 CONGRESSIONAL RECORD — SENATE August 2, 1996 watched and waited with baited breath version of the Coast Guard Act with an tinue to press for final enactment of for official scores and times to be post- identical California cruise ship provi- this legislation. When the Congress re- ed and medals to be awarded. The sion. However, controversy over other turns next month I will do everything Olympic spirit—brought to the United provisions attached to the Coast Guard in my power to ensure that we do not States through our athletes and the bill in the House delayed the appoint- lose another year without this correc- host city of Atlanta—has spread ment of conferees and now threatens to tion in law.∑ throughout the Nation. sink the entire bill. f I rise today to recognize two great The Coast Guard Revitalization Act TRIBUTE TO THE BOSTON AIR American swimmers from another has strong bipartisan support and no ROUTE TRAFFIC CONTROL CEN- Olympic time, whose Olympic ideals opposition. Only the State of California TER IN NASHUA FOR WINNING and spirit shone brightly even during would be affected, and the California THE NATIONAL EN ROUTE FA- the darkest days of modern Olympic State Legislature has approved a joint CILITY OF THE YEAR AWARD history. Mary Moorman Ryan Caldwell resolution in favor of this bill. and Ann Hardin Grimes qualified for The bill corrects a problem that oc- ∑ Mr. SMITH. Mr. President, I rise the American Women’s Swim Team to curred when California took advantage today to pay tribute to the Boston Air participate in the 1940 Olympics in Hel- of a 1992 amendment to the Johnson Route Traffic Control Center [ARTCC] sinki, Finland. Scheduled to be held Act that permitted States to prohibit in Nashua, NH. The Boston ARTCC won from July 20 through August 4, the gambling on intrastate cruises, the in- the National En Route Facility of the Games were canceled because Nazi Ger- famous ‘‘cruises to nowhere.’’ Unfortu- Year Award, for which I offer my many occupied all of Western Europe nately, California’s law was drafted in warmest congratulations. This is cer- and the Soviet Union invaded Finland. such a way that it also prohibited ships tainly an accomplishment of which Mary and Ann swam the three-mile, on international cruises from making they should be very proud and I salute the one-mile and the 880-yard races to multiple ports of call within the state. them for their achievement. qualify for the team and would have My bill simply amends the Johnson The National En Route Facility of represented the United States in the Act to exclude State regulation of the Year Award is presented annually 880-yard and 440-yard swimming free- gaming aboard vessels so long as the to an Air Route Traffic Control Center style races in Helsinki. They had been ship’s itinerary is an international which has made a significant contribu- tion to the National Air Traffic Con- swimming together in friendly com- cruise. trol System. The Boston ARTCC pro- petition at the same club since 1933, This bill is essential to restoring vides air traffic control service to com- and were coached by the same man, California’s cruise ship industry, which mercial, military, and private aircraft Bud Swain. The two 15 year olds from has lost hundreds of jobs and more in all of New England and most of New Louisville, Kentucky never got the than $300 million in tourist revenue York State. This facility is 1 of 20 chance to go for the Olympic gold. But since the 1992 law was enacted. Many ARTCC facilities throughout the conti- their spirit never faded. cruise ship companies have bypassed nental U.S., along with 3 in Honolulu, Still good friends today, Ann and second and third ports of call within California. Ships that used to call at Guam, and San Juan. Mary attended the Centennial Olympic The Boston ARTCC is responsible for Catalina and San Diego after departing Games in Atlanta together to cheer the handling flights from all six New Eng- Los Angeles en route to Mexico no 1996 United States Olympic swim teams land States, eastern New York State, longer make those interim stops. Ac- to victory. Mr. President, Mary extreme northeastern Pennsylvania, Moorman Ryan Caldwell and Ann Har- cording to the Port of San Diego, that and coastal waters to 6700 west lon- din Grimes are true representatives of port alone has lost $90 million in eco- gitude. This is an enormous area, the Olympic character in this country. nomic impact, hundreds of jobs, and amounting to an area of 125,000 square Through the years as friends, swim- over 400 cruise ship calls—more than miles. Within this impressive area, mers, competitors, and Olympians, two-thirds of the port’s cruise ship there are 30 positions of operation and they have experienced it all—the hard- business. the Boston ARTCC coordinates with 7 ship, the pain, and the disappointment, Neighboring ports have experienced other centers from Montreal to Wash- but most of all the triumph and the similar losses. In Los Angeles, the esti- ington. Each year, the Boston ARTCC glory. I thank them for their contribu- mated loss of port revenue through 1995 performs 1,620,000 operations in this re- tions to their sport and to the Olympic was $3 million. Beyond the port, the gion. Their facility operates with 290 spirit.∑ economic impact to the city amounted active controllers, 12 controller train- f to $14 million in tourism and $26 mil- ees, 62 support staff, and 95 techni- lion in retail sales. The total impact CRUISE SHIP REVITALIZATION cians. With extensive radar systems, estimated by the Port of Los Angeles radio facilities, a high tech computer ACT was an estimated $159 million and 2,400 ∑ system and enough telephone equip- Mrs. BOXER. Mr. President, on this, direct and indirect jobs. ment to serve a city of 10,000 people, the last day of Senate action before the The State’s share of the global cruise the Boston ARTCC is a model of effi- long August break, I want to speak ship business has dropped from 10 to 7 ciency. about a matter of great importance to percent at the same time that growth Centers like the Boston ARTCC are a key sector of the California econ- in the cruise ship business overall has becoming vital to our country’s infra- omy—the cruise ship industry. climbed 10 percent a year. Our lost structure with ever increasing air traf- On the first day of the 104th Con- market share has gone not to other fic. With a center like this running so gress, I introduced legislation, S. 138, States but to foreign countries along efficiently, we can rest easier and know to amend a law passed by the 102d Con- the Pacific Coast. that flights to and from the east coast gress that allowed gambling on U.S.- For a State still recovering from an are safe and on time. Excellence and flag cruise ships and allowed States to economic recession, defense dedication like theirs deserves to be permit or prohibit gambling on ships downsizing, and back-to-back natural recognized and applauded. I am proud involved in intrastate cruises only. disasters, a blow to one of our leading to commend the Boston ARTCC, the Representatives BILBRAY and HARMON industries—tourism—is unfathomable. many air travelers in New Hampshire introduced identical language in the The cruise ship industry books its join me in wishing them congratula- House. Our bills, titled the California ports of calls well in advance of the tions and best wishes∑ Cruise Ship Revitalization Act, would season. Therefore, action on this cruise f lift the ban on gaming on cruise ships ship provision this fall is crucial to our traveling between consecutive Cali- State if we are going to prevent an- RECYCLING TRANSACTIONS fornia ports. other season of lost business—lost UNDER SUPERFUND The cruise ship bill is now part of the jobs—to my State. ∑ Mr. AKAKA. Mr. President, I want to Coast Guard Authorization Act of 1995, Mr. President, I want to assure the express my support for S. 607, a bill to S. 1004, which passed the Senate last supporters of the California Cruise clarify the liability of certain recy- November. The House has passed its Ship Revitalization Act that I will con- cling transactions under the Superfund

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00186 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9641 law. This legislation clarifies the and 125 articles. He served as president of Watching through stress and through strain Superfund Act to ensure that the prod- Wilberforce College and of Central State There is a mind that plans them uct of scrap recycling is not subject to University in Ohio. He was an ordained min- Back of the brawn the brain. Superfund liability if certain standards ister in the African Methodist Episcopal ‘‘In the long run,’’ Brother Wesley contin- Church. He wrote the history of our frater- ued, ‘‘whether it is in 1776 of 1976, the world are met. nity and served as its General President for S. 607 does not exempt from Super- is in the keeping of its idealists. . . . It is in nine critical years between 1931 and 1940. He the hands of men and women who with revo- fund liability recyclers who operate served as president of the Association for the lutionary impatience walk the lanes of the contaminated facilities. Nor does it ex- Study of Afro-American Life and History for villages, with their feet on the ground oppos- empt from Superfund contamination 15 years. ing unjust laws with a song on their lips and caused in whole or in part by waste But, in his own words, he gave his best to with their hearts in the stars. . . . Such a one generated during the course of proc- Alpha. And we should be thankful that he is never defeated until he gives up within. . did. . .’’ essing recycled materials. There is more to know about Brother Wes- My support for this legislation is not This is Brother Wesley’s legacy and our in- ley, however. heritance. Our duty today is to pick up unconditional, however. During a re- First, he was a loving and caring husband where he left off and to stay the course in to and father. view of this legislation I have identi- the next century and the next millennium. fied a serious flaw in S. 607, as intro- Second, despite his considerable talents 2. THE MOMENT duced. The language that appears in and accomplishments, there was no arro- section 127(b)(2)(E) is drafted in a way gance about him. If at times he was first of There could hardly be a more appropriate all, he was, nevertheless, always a servant of moment than this one—with the dusk of the that would, I believe, achieve exactly all. ‘‘One’s attainments,’’ he said, ‘‘can serve twentieth century descending upon the glob- the opposite result that the bill’s spon- as object lessons for others. There is no need al village and the dawn of the Third Millen- sor intends. to draw attention to them.’’ nium hovering somewhere just beyond the After discussing this issue with in- Third, he believed, correctly, that notions horizon—to pause and consider the state of dustry and environmental groups, I of racial superiority and inferiority explain this world and our place and our possibilities have concluded that the best thing to very little, if anything, in human history. in it. Regrettably, both the world and our do is support the bill and work to cor- Fourth, instead of talking about what place in it are in many respects in a perilous America owed black people, he talked about rect the error in the legislation. I have state. what America owes itself and all of its peo- Our is called a new age. The Cold War is received assurances by the industry ple, and about what black people owe them- over. The Soviet Union no longer exists. To- supporters of this legislation that they selves. talitarianism, Marxism and socialism are in will not allow this error to stand, and Fifth, his interests and his horizons were full retreat. Capitalism, democracy and free- will work to have the problem cor- never limited by the waters which separate dom are everywhere the rage. rected. I will join with them in this ef- North America from the rest of the world. Feedom is something about which we Afri- fort.∑ His concern and his love were for all man- can Americans know a great deal. We know kind. what it’s like to be deprived of it, to hunger f Sixth, he made the nurturing of young peo- and thirst for it, to fight and die for it, even READY FOR THE WORLD ple an integral part of his life. though the Creator never intended for men And, to his everlasting credit, he never and women to be either slaves or masters. As ∑ Mrs. KASSEBAUM. Mr. President, turned a deaf ear to any call to duty. the 18th century English poet William the Honorable Edward W. Brooke, our So perhaps you can understand why I feel Cowper wrote: compelled to say today that Brother Dr. distinguished former colleague from They found them slaves: But who that title Massachusetts, recently delivered an Charles H. Wesley—scholar, athlete, teacher, musician, preacher; and Alpha man—was as gave? outstanding speech entitled ‘‘Ready for American as they come. He knew the truth The God of Nature never formed a slave! the World’’ at the First Alpha Scholar- of that, even if most Americans didn’t. And Though pride or force may acquire a mas- ship Forum in New Orleans. His re- instead of giving up on, or giving in to, ter’s name marks were befitting of the inaugural Americans who would deny his American- Nature and justice must remain the same; Charles H. Wesley Memorial Lecture. ness, he stood up for America and worked as Nature imparts upon whate’er we see That has a heart and life in it—be free! Mr. President, I trust that our col- hard as he could to make America own up to leagues will benefit from Senator what it says it stands for. And so, here in the age of freedom and de- With the kindness and courtesy of Dr. Wes- mocracy, we ought—all things being equal— Brooke’s thoughtful remarks as I have, ley’s accomplished daughter, Mrs. Charlotte to be dancing in the streets and on the crum- and I ask that the text of his speech be Wesley Holloman, I have been privileged to bling walls of political, economic and cul- printed in the CONGRESSIONAL RECORD. read some of Brother Wesley’s papers and tural oppression. The speech follows: original drafts of speeches. In the one which But, for many, things seem to have gone READY FOR THE WORLD he delivered in Charleston, South Carolina, terribly awry; everything new seems old again. In so many places and situations, we (By Brother Edward W. Brooke) in 1977—the 201st year of American independ- ence and the 71st year of alpha history—I and many of our brothers and sisters in the 1. WESLEY’S EXAMPLE AND LEGACY found a message which gives meaningful in- human race find ourselves in an all-too-fa- Dear Brothers and guests, I cannot tell you sight into Charles H. Wesley, the man and miliar situation: marginalized—excluded how privileged, honored and humbled I feel philosopher. And I want you the hear his from the fun if not the games; victimized by to have been chosen by our General Presi- thoughts and his words as he delivered them poverty, politics, disease, famine, war, cor- dent, Brother Milton C. Davis, to deliver this to Alpha men there assembled. He said: ruption, indifference, malign neglect and First Charles H. Wesley National Lecture. ‘‘It has become very necessary that think- outright bigotry. When I was initiated into Alpha Phi Alpha ing should be used in all our individual en- Major challenges confront us. But, as we nearly six decades ago, Dr. Wesley was our deavors, for it is one of the powerful forces know, challenges offer opportunities. And so General President. I came to love him and operating in our lives. America was built by there are, today, even in our relatively small admire him. He was my brother, my leader, its thinkers both in 1776 and subsequently as sector of this world, abundant opportunities my teacher and my friend. I have never a great nation in 1976, and the method of this for us to demonstrate not just our loyalty stopped trying to follow his example and, achievement and our own have been indi- and devotion to our country but also, as all God willing, I never shall. cated very cogently in his familiar state- Alphas are sworn, our love for all mankind. Let me take a few minutes to remind all of ment: So let us not fail to find inspiration in the you just who Brother Dr. Charles H. Wesley Back of the hammers beating, many beacons of hope in the world and in was and why his is a name, and why his was By which the steel is wrought our country. In South Africa, President a life, that you should always remember. Back of the workshop’s clamor Mandela and the African National Congress Brother Dr. Wesley was born nearly 105 The seeker may find the thought. have not only taken command of the ship of years ago and lived some 95 years. He grad- state; they have skillfully guided it toward The thought that ever is master uated from Fisk, where he had been a star the open seas where the economic and social Of iron, of steam and steel student, athlete and singer, and entered possibilities seem limitless. That rises above disaster graduate school at Yale at age 19. He was the Even in poor Haiti hope is alive. And here And tramples it under its heel. fourth African American to earn a Ph.D. at in the United States, a million black men, Harvard. He traveled and studied in Europe. Back of the motor’s humming including many Alpha brothers, marched in He taught history at Howard University and Back of the cranes that swing support of individual and parental responsi- rose through the ranks to become Dean of Back of the hammers drumming bility. Liberal Arts and Dean of the Graduate Back of the belts that sing. Nor should we fail to recognize our dear School. As a scholar, he published 12 books There is an eye that scans them sister, the highly motivated Marian Wright

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00187 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9642 CONGRESSIONAL RECORD — SENATE August 2, 1996 Edelman, who only recently led her own for us to live in a world over which no would- Allow me, if you will, to share with you march on Washington on behalf of this na- be emperor’s shadow falls, we should be some of my thoughts about some of the tion’s children, and who has made it clear thankful. issues that the American people and our gov- that she will never stop fighting for our As you recall, there was another tyrant ernment, among others around the world, young people—black, brown, yellow, red or who was overthrown during this century. He should be thinking about and acting on. white—who, after all, our most precious nat- went by the name of Jim Crow. And under It seems to me that we face three kinds of ural resource and the link between our past his authority millions of African Americans, problems: Those that are traceable to, and and our future. and many white Americans, were deprived of best addressed by, individuals in their per- sonal, family and community lives; Those 3. AMERICA’S MISSIONS their most basic civil and human rights. But since 1954 segregation has been illegal in that are traceable to, and best addressed, by Of course, the United States has its trou- America. And to all those whose efforts and private industry; and Those that are trace- bles; but is still a special and sometimes sacrifices made it possible for us to live in a able to, and best addressed by, governments. wondrous place. Over the centuries many land in which no ‘‘whites only’’ sign can le- Concerning problems which I think of as people have believed, and many still believe gally be erected, we should be thankful. being attributable and amenable mainly to today, that Almighty God provided for the Now, I do not want to give the impression the action or the inaction of individuals in establishment of the United States—a new that I believe for a moment that all of the their personal, family and community lives, nation in a new world—to give man and national and international atrocities served Ten Deadly Sins, as I have labeled them, woman an opportunity nearly unique in his- up by the 19th and 20th centuries have been come to mine. tory to experience, and on the basis of that completely or even satisfactorily eliminated. First, there is child abuse in all its forms, experience to cherish, peace, freedom, justice I do not, and you should not. including neglect and physical, psycho- and brotherhood on Earth. However, some of the most horrendous of logical and sexual abuse; So far, that vision—whether it is God’s or Second, there is the abuse and misuse of them have been, and for that we should be man’s, whether it is legitimate or not—has alcohol and other drugs, both legal and ille- thankful. not been fully realized. America has not yet gal; We know, of course that the 21st century lived up to its promise. But if we take the Third, there is domestic violence, which will serve up horrors of its own; and al- long view of history, we can see that the takes place behind the closed doors of too though we are confident that good and capa- United States has served for more than two many homes; ble men and women will rise up to grapple centuries as a shining example to many mil- Fourth, there is gang violence, often re- with them, we can afford to be neither com- lions of people around the world, and has lated to the marketing of illegal drugs. Let placent nor mentally unprepared. Quite the grappled successfully with certain enormous me say that I include in my definition of contrary; we should, and must, be alert; we challenges both at home and abroad. gang violence the illegal hazing of young must be ready for the world. And that means In the 19th century, for example, Ameri- men who are pledges of our fraternity and having principles, if not a plan, to guide us. cans had no choice but to decide once and for quite a few others in these United States. I believe we need look no further for ideals all whether human slavery had a legitimate Fifth, there is the epidemic of teen preg- upon which to base our actions than the pre- place in the Republic. In 1858, Abraham Lin- nancy or premature parenthood, which obvi- cepts of our fraternity and the examples set coln said, ‘‘A house divided against itself ously involves young men as well as young by Brother Wesley and so many other distin- cannot endure permanently, half slave and girls and young women; guished Alpha men over these last ninety Sixth, there is prejudice and discrimina- half free * * * I expect it will cease to be di- years. I refer specifically to manly deeds, tion, often accompanied by hate crimes, vided. It will,’’ he said, ‘‘become all one scholarship and, especially, love for all man- against our fellow men and women because thing, or all the other.’’ And after a terribly kind, with special emphasis on ‘‘all.’’ It was of their race, creed, color, national origin or bloody and destructive civil war, the United Brother Martin Luther King, Jr.’s dream sexual orientation. In this regard, we must States emerged as a country in which slav- that one day this nation would rise up and condemn unequivocally the cowardly and ery had no place—even if, tragically, de jure live out the true meaning of its creed—‘‘that dastardly burning of African American and as well as de facto racism did. all men are created equal’’. And, lest we be other churches. We must condemn hate Freed from the albatross of slavery, the tempted to reserve our love only for those crimes against Jewish people, their places of United States enjoyed in the last quarter of who are easy to love, let us not forget that worship and their cemeteries. we must con- the 19th century rapid economic growth and Jesus Christ said, ‘‘Inasmuch as ye have demn hate crimes against homosexuals, political as well as economic expansion into done it unto one of the least of these my which include assault, battery and even mur- the larger world. And before long it became brethren, ye have done it unto me.’’ der. and we must condemn the tendency of impossible for America’s leaders to continue white America to blame either black men or 4. WHAT YOU CAN DO AND WHERE YOU CAN to heed George Washington’s advice to avoid people of Middle Eastern heritage for nearly START foreign entanglements. Indeed, by 1916, the every criminal or terrorist event in this midpoint of the First World War, it could no Just as we do not have to look any farther country. longer be argued that American security and than to our beloved and renowned Alpha to Seventh, and along the same line, there is freedom were somehow separate from west- find precepts and principles on which to base the unforgivably unfair and costly tradition ern Europe’s. As he dispatched American our actions, neither, unfortunately, do we of subordinating the welfare of women and forces to the war ‘‘over there,’’ President have to look any farther than down the girls to that of men and boys. This is unac- Woodrow Wilson spoke of the imperative to street or across town to find tragic condi- ceptable in all its aspects, though especially make the world, not just the United States, tions that cry out for human attention, inge- so when girls’ minds are neglected or their safe from would-be global emperors. At no nuity and love. but on top of that, television bodies mutilated, and when women are pro- time since then has this country been able to and the other mass media bring into our hibited by government from exercising their remain aloof from international politics homes on a daily basis stories of untold suf- right to terminate legally, safely and without exposing itself, not to mention its fering and dehumanization—much of it done affordably an unwanted or health- and life- brothers, cousins and friends, to powerful to, and even by, people of color. These sto- threatening pregnancy; and sometimes ruthless antagonists who ries tug at our heartstrings and, too, cry out Eighth, there are the many unhealthy be- wish them, and us, ill. for human attention, ingenuity and love. haviors in which so many of us engage. I This reality became indisputable when, Caught between the local and the global, refer specifically to smoking, chewing to- during our isolationist period, would-be em- between what’s happening over there and bacco, the overconsumption of food—espe- perors of the world came into power in Ger- what’s happening over here, we may be cially foods with high fat, salt and calorie many, Italy and Japan and undertook to tempted to focus on one and ignore the content. And perhaps most important in this conquer, subjugate or intimidate those who other, or simply to pretend to see neither. age of AIDS, the highly irresponsible prac- dared to resist them. Only massive and sus- But I believe, and I pray that you will come tice of unsafe sex by adults and teenagers tained, if somewhat belated, intervention by to share my belief—if you don’t already— who know, or ought to know, better. the United States prevented those tyrants that there is only one race, only one place, Ninth, there is the regrettable and omi- from achieving most if not all of their aims. and only one God who made them both. I nous mixture of apathy, cynicism and dis- After the Second World War, yet another pray, too, that if you do come to share my respect for law, government and politics; imperial threat emerged in the form of our belief, then you will accept, if you have not And tenth, there is the stifling isola- former ally against the Axis powers, namely already accepted, some measure of responsi- tionism which has overtaken so many indi- Josef Stalin’s Soviet Union. I need not re- bility, no matter how small, for bringing to viduals, families and communities. I refer to count here today the details of the half-cen- bear, on the afflictions which burden human- our growing lack of interest in people, places tury-long Cold War fought by American kind and our planetary home, whatever at- and issues with whom and with which we presidents from Truman to Reagan. But I tention, ingenuity and love you can muster. may not have everyday contact. It is right to must say that prevailing in that struggle, as Now, some of you may be wondering what be worried about average Americans’ lack of well as the Second and First World Wars, you can do and where you can start. The best interest, and even hostility, toward foreign was indeed an essential component of Amer- answer is that you should do what you feel people and places. But we should be down- ica’s mission in the 20th century. And to all you reasonably can, given your talents and right alarmed about average Americans’ those—and I am proud to be one of them— resources; and you should start wherever lack of interest in, and interaction with, whose efforts and sacrifices made it possible your interests and your concern lead you. their neighbors and fellow citizens.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00188 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9643 Next, let us consider problems which are that fails to educate its children will have us consider how we might bring up to 20th traceable mainly to, and best addressed by, much of a present or a future. century living standards the three billion or the private sector in this country and in oth- Second, government can do a much better so of the world’s people left behind in 18th ers. But before I focus on troubling aspects job of insuring that as many people as pos- and 19th century conditions. of contemporary private enterprise, let me sible, especially children, have the best A ninth is to build on the work begun four make at least two things clear: First, the health care that a society can reasonably summers ago at the United Nations Con- private sector is not an enemy of whom we provide. ference on Environment and Development by should wish to be rid; in fact, because the Third, government can do a much better following though on national and inter- private sector is the principal source of em- job of insuring employment and decent and national commitments and agreements to ployment, innovation, growth and progress, affordable housing for low and moderate in- address critical environmental problems. we should, and do, want it to grow and pros- come people. And the tenth is to work harder to make per Second, many companies, large and Fourth, government can do a much better the United Nations the place where all na- small, are models of corporate social respon- job of making our streets, neighborhoods and tions meet not just to talk—which is valu- sibility. You don’t have to be a Republican commercial districts safe for everyone, not able, of course—but also to resolve conflicts or a conservative to acknowledge this fact just the wealthy and the politically influen- peacefully and work together to elimiante and give credit where it’s due. The President tial. the problems which threaten all, many or did it a few weeks ago when he invited some Fifth, government can do a much better some of our fellow human beings. of the more praiseworthy companies to send job of taking responsibility for protecting 5. CONCLUSION representatives to Washington and tell their our natural environment and preserving it Brothers, three years ago, when I spoke to stories to the country and the world. for future generations as a cultural and eco- many of you here in New Orleans at the 87th Now, concerning private sector problems nomic resource. Let me elaborate just a bit. Anniversary General Convention, I said: ‘‘We to be addressed, I have five in mind. When I say environment I don’t mean just have, and will always have, a further con- One—and for me the most important one protecting the ecology from destructive peo- tribution to make, a place to fill, a work to today—is the problem of the violent images ple; I also mean protecting people from envi- and antisocial ideas disseminated so broadly perform.’’ I suspect that the litany of con- ronments that are unhealthy because the air cerns which I have just sumamrized—most of by the media and the entertainment indus- is dirty, toxic wastes have been dumped try, especially through movies, television them not only serious but painfully complex there, or the water is unsafe for human con- as well—will serve to confirm the continuing shows and certain kinds of music. I don’t sumption. necessarily advocate more regulation at this truth of that statement. And although this Sixth, governments can do a much better reality is in many ways a said commentary time, but the entertainment industry has to job of governing. Too often, governments and show allegiance to some moral principle on the state of the nation and the world, it the people who run them conduct themselves should also serve as a reminder of why we as other than ‘‘give them whatever they want, in ways that a are highly deficient when it so long as it sells.’’ men of Alpha Phi Alpha are needed more and comes to honor, morality and integrity. more in the community, in the nation, and A second problem, similar to the first, is They should be on notice that their people’s the lack of corporate social responsibility in the world. patience has its limits and that they should My Brothers, I call on each of you—as demonstrated by companies and industries either conform, reform or perform, or else which target advertising for alcohol, tobacco Americans, as Americans of African Herit- expect to be informed that their time in of- age, and as children of God, sent by Him to and games of chance at the most vulnerable fice has expired. segments of society, namely children and dwell temporarily on this Earth—to do what- Now, as I said earlier, governments face ever you can to improve the quality of life poor people. not only inward but outward, toward other A third important problem is the widely on this planet. government. And there are some things that varying performance of companies and in- You don’t have to be a politician; you outward-looking and forward-looking gov- dustries, especially in the United States, don’t have to be a diplomat; you don’t have ernments ought to be doing or doing better. with respect to equal employment and af- to be a general or an admiral; nor a scholar I label these Ten Expressions of Love for Hu- firmative action for women and underrep- or a preacher. All you have to be is someone resented minorities. It is unacceptable that a mankind. who cares abut his family, his community, One is to take effective steps to head off person is subject to harassment or denial of his environment and his fellow human interstate and intrastate armed conflict. a job or promotion because of physical traits beings, wherever they may be, whatever A second is to take effective steps to stop or beliefs. their language, whatever their religion, and A fourth is the insensitivity of some large any fighting or killing if prevention should whatever the color of their skin. corporations to the genuine human needs fail. I think the great 19th Century American and just deserts of their employees and com- A third is to prohibit, in law and in fact, philosopher and poet, Ralph Waldo Emerson, munities. It doesn’t seem unreasonable that ethnic cleansing, or anything that resembles put it best: a corporation can be compassionate and it. So near is grandeur to our dust commercially viable at the same time. But it A fourth is to come to the aid of people dis- So near is God to man does seem unreasonable that a corporation placed by conflict or natural disasters. When duty whispers low ‘‘thou must’’ A fifth is to find ways to make war—if it is can be in a community but not of it. The Youth replies, ‘‘I can!’’ And, fifth, is the problems of corporate re- inevitable,and I pray that it isn’t—less le- My dear Brothers in Alpha, that is the spect for this planet and for its wondrous ec- thal, especially for innocent civilians during message I bring to you today. That is the ological systems. One would expect business- and after violent episodes. One of the great message I thank you for listening to. And people to know that there is a relationship tragedies of our time is the killing and that is the message in the spirit of Charles between nature and the economy, even if, maiming of unsuspecting children, mothers Harris Wesley that I ask you to accept an re- sadly, their knowledge is based solely on an fathers by landmines encountered in their spond to as men worth of being Alphas. pragmatism. The overfishing of our oceans, perfectly legitimate and innocent daily life. Good luck and godspeed.∑ for example, isn’t just a crime against Moth- A sixth thing that government ought to be Mr. KERRY. Mr. President, I rise er Earth; it puts thousands of people out of doing better is coming to the aid of people today to support final passage of H.R. work. and nations who have overthrown, or want to 3060 as amended by S. 1645, the Ant- overthrow, tyranny and are likely to choose I come now to my third set of concerns, arctic Science, Tourism, and Conserva- namely problems which are traceable to, or the path of democracy, freedom and toler- at least best addressed by, governments ance. tion Act of 1996, which I introduced around the world. A seventh is to treat the international earlier this year. This legislation will Our federal government, and other na- AIDS epidemic more seriously. No person of enable the United States to implement tional governments, face both inward and any ethnicity should be indifferent to the the Protocol on Environmental Protec- outward as they strive, we hope, to promote fact that African American men have been tion to the Antarctic Treaty. The Pro- the general welfare, insure domestic tran- harder hit by the virus than other groups of tocol was negotiated by the parties of Americans, or that HIV and AIDS infection quility, provide for the common defense and the Antarctic Treaty System and help secure, for any one who hungers for rates in Africa, where some 14 million men, them, the same blessings of liberty and jus- women and children have contracted the signed in October, 1991. The Senate tice that we ourselves seek and sometimes virus, are the highest in the world and still gave its advice and consent to the Pro- enjoy. rising. Nor should anyone fail to be greatly tocol on October 7, 1992. In August 1993, Even if some Americans don’t think so, concerned that the AIDS epidemic has be- I introduced the precursor to this bill there still are some things that our federal come established in the Caribbean and espe- and the Senate Commerce Committee government, and national governments in cially in Asia, where its explosive infection reported it to the full Senate in early developed and developing countries ought to rate will soon overtake Africa’s. 1994. Unfortunately, continuing dis- An eighth is to work harder to insure that be doing, or doing better, to improve condi- agreements among scientists, con- tions in their own societies. Several things the world economy operates fairly and justly come to mind. for all nations, not just a fortunate few. As servation groups, and the Administra- First, government can do a much better we race ahead toward the high-tech informa- tion about the legislative changes job of educating young people. No nation tion economy of the twenty-first century, let needed for the United States to carry

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00189 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9644 CONGRESSIONAL RECORD — SENATE August 2, 1996 out its responsibilities under the Pro- nent Iowan, Henry A. Wallace. Both what would it be?’’ The man settled back to tocol prevented further action on that these men embody the wisdom and in- enjoy a long scholarly reply but Wallace’s re- bill. Passage of this bill today brings to sight of the residents of the great State sponse was brief and startling. Without a a close a long, arduous process in of Iowa. moment’s hesitation he said: ‘‘Sympathy for the plant.’’ which all of the parties mentioned Senator Culver’s distinguished For Wallace, the failure to understand the above have finally reached agreement. speech, given March 14 at the Carnegie nature of plants and animals—their struc- The bill Senator HOLLINGS and I in- Institution of Washington, marked the ture and purpose, their needs and cycles— troduced is supported by all the parties inaugural of the Henry A. Wallace An- was symptomatic of modern man’s inability engaged in this somewhat lengthy, but nual Lecture. Sponsored by a research to understand life itself. ‘‘When you sweat on ultimately successful, consensus-build- center named after Henry A. Wallace, the land with a purpose in mind you build ing process. The Commerce Committee the annual lecture will address agricul- character,’’ he wrote. ‘‘Watching things held a hearing on S. 1645 in June and tural science, technology, and public grow, whether plant or animal, is all impor- tant. One of the wisest of the old Anglo- ordered the bill to be favorably re- policy. Senator Culver’s speech, enti- Saxon sayings is, ‘The eye of the master fat- ported. During committee consider- tled ‘‘Seeds and Science: Henry A. Wal- tens the ox.’ How, he wondered, could man ation of the bill, members agreed to lace on Agriculture and Human grasp the essence of life without taking into work with Senator STEVENS on a floor Progress,’’ held listeners spellbound as account the totality of living things: plants amendment addressing polar research he described the life and times of a and animals and human beings and the spirit and policy. That amendment offered pragmatic farmer from Iowa. that animates their existence? He later ac- today to S. 1645 requires the National As many of you know, Henry A. Wal- knowledged that he usually liked plants bet- Science Foundation to report to Con- lace served our country in many ways: ter than animals, but he appreciated the lat- as a farmer, editor, scientist, Secretary ter because ‘‘they gave [the] manure that gress on the use and amounts of fund- nourished the plants.’’ ing provided for Federal polar research of Agriculture, Secretary of Commerce, Wallace had nothing sentimental in mind programs. There is no opposition to and Vice-President. As a farmer, Wal- when he used the expression ‘‘sympathy for this amendment. lace realized the importance of envi- the plant.’’ Rather, he viewed ‘‘sympathy’’ as Mr. President, S. 1645 builds on the ronmental stewardship. As he once an outgrowth of rigorous observation and ex- existing U.S. regulatory framework wrote, ‘‘The soil is the mother of man acting employment of scientific principles. provided in the Antarctic Conservation and if we forget her, life eventually Throughout his life, beginning at an unusu- Act to implement the Protocol and to weakens.’’ While Henry A. Wallace ally early age, Wallace placed great store in balance two important goals. The first made many contributions to this Na- the value of scientific understanding. By training and temperament, he was an unusu- goal is to conserve and protect the tion for which we thank him, it is per- ally unsentimental man. Antarctic environment and resources. haps Mother Nature who thanks him About 1904, when Henry Wallace was in his The second is to minimize interference the most. mid-teens, he attended a young farmer’s with scientific research. S. 1645 amends I ask that the text of Senator Cul- ‘‘corn show’’ and watched as ears of corn the Antarctic Conservation Act to ver’s speech appear in the RECORD. were judged by their appearance. The ‘‘beau- make existing provisions governing SEEDS AND SCIENCE: HENRY A. WALLACE ON ty contest’’ winners, based on their uni- U.S. research activities consistent with AGRICULTURE AND HUMAN PROGRESS— formity, shape, color and size, were deemed the requirements of the Protocol. As GUEST LECTURER: SENATOR JOHN C. CULVER to be the superior breeding stock. Professor Sometime in 1933, while he was battling to P.G. Holden, part crusading scientist and under current law, the Director of the part flamboyant showman, was the great National Scientific Foundation (NSF), rescue American agriculture from its great- est crisis, Secretary of Agriculture Henry evangelist of corn, and he was undoubtedly would remain the lead agency in man- the best-known corn show judge in the aging the Antarctic science program Agard Wallace was invited to be the featured guest at a swanky party in New York City. United States. He was also a personal friend and in issuing regulations and research It was not the sort of thing Wallace enjoyed. of the Wallace family. Young Henry’s grand- permits. In addition, the bill calls for A quiet, cerebral man, Wallace often found father, the beloved preacher-journalist comprehensive assessment and moni- such social functions uncomfortable. He known to thousands of midwestern readers toring of the effects of both govern- wasn’t good at flattery or small talk, had no as ‘‘Uncle Henry’’ Wallace, had been largely responsible for bringing Holden to his teach- mental and nongovernmental activities interest in gossip and disdained off-color humor. ing position at Iowa State. on the fragile Antarctic ecosystem. It The story of what happened at that corn also would continue indefinitely a ban Gathered around him that evening was a group of writers, planners, technicians and show was later written by Paul de Kruif, au- on Antarctic mineral resource activi- other members of the New York intelligensia thor of a colorful book on the great food sci- ties. Finally, S. 1645 amends the Act to eager to take his measure. Wallace was still entist called The Hunger Fighters: Prevent Pollution from Ships to imple- something of a mystery to them, as he was Gravely, for the instruction of youth, ment provisions of the Protocol relat- to most of the nation. At age 44, he was the [Holden] held up a great cylindrical ear that ing to protection of marine resources. youngest member of President Roosevelt’s was not so good to his learned eye. ‘‘This ear, As one of the founders of the Ant- Cabinet. The son and grandson of prominent boys, shows a marked lack of constitution!’’ arctic Treaty System, the United Iowa Republicans—his father had served in cried Holden. ‘‘And look at this one for con- States has an obligation to enact the Harding and Coolidge cabinets—Wallace trast,’’ said he. ‘‘Observe its remarkably strong middle!’’ And such is the folly of strong implementing legislation, and is was still a registered Republican himself. He was, by background, an editor and corn teaching—that every boy, hypnotized, could long overdue in completing ratification breeder; he had never sought public office do none other than see what Holden wanted of the Protocol. and had accepted his current position with him to see. Solemnly the professor judged In closing, Mr. President, I would considerable reluctance. and awarded the medal to the very finest ear like to thank Senator HOLLINGS for all Perhaps most intriguing to the people in of all those hundreds of ears of maize, and of his assistance in getting agreement the room was the depth and breadth of Wal- pronounced it champion. on this legislation. The House passed lace’s intellectual interests. Wallace was not A mob of disappointed farm boys straggled similar legislation, H.R. 3060, by a vote only a geneticist and journalist, he was one out of the room. Henry stayed. The professor unbent. ‘‘Now young man, if you really want of 352–4 in June. I urge my colleagues’ of the nation’s leading agriculture econo- mists, an authority on statistics and author proof that I’m right, why don’t you take support for final passage of the Ant- of the leading text on corn growing. His in- thirty or so of these prize ears? Then next arctic Science, Tourism, and Conserva- terests ranged from diet to religion, from spring plant them! Plant them, one ear to a tion Act of 1996. weather to monetary policy, from conserva- row of corn. Then harvest them next fall— f tion to Native American folklore. Some- and measure the yield of them.’’ where along the line, he also found time to The next spring Henry Wallace took those HENRY A. WALLACE start the world’s first—and still the world’s 33 fine ears, shelled them into separate piles, ∑ Mr. HARKIN. Mr. President, I would largest and most successful—hybrid seed stuck them under the soil, four kernels to a like to take this opportunity to bring corn company. hill, in 33 rows, one ear to a row, on a little to the attention of the Senate a nota- So his small audience had much to ask piece of land his father gave him. What he Wallace about and they peppered him with learned from those 33 rows of corn, of course, ble speech by one of our colleagues, and questions. Finally one of them inquired: was that Holden and his corn shows were all one of my fellow Iowans, Senator John ‘‘Mr. Wallace, if you had to pick the one wet. The ten ears of corn judged fairest by C. Culver. The subject of Senator Cul- quality which you thought most important the good professor were among the poorest ver’s speech is that of another promi- for a man to have in plant-breeding work, yielders in the test, and some of the ugliest

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00190 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9645 ears produced the highest yields. Conven- encouragement from his family to let his cu- stock of a commodity of less use than the tional wisdom or not, Holden’s personal riosity range free—provided, of course, that preceding unit. In fact, the latest knowledge friendship with the Wallace family notwith- he had milked the cows, fed the chickens and is usually the best. Moreover, knowledge standing, the scientific experiment showed completed his other routine chores. As a stu- grows or dies. It cannot live in cold storage. the appearance of corn had nothing whatever dent at Iowa State he worked on experi- It is perishable and must be constantly re- to do with its yield. As Wallace himself put mental farms operated on the county’s ‘‘poor newed. Static science would not be science it succinctly: ‘‘What’s looks to a hog?’’ farm’’ and learned first hand that progeny long, but a mere junk heap of rotting frag- Henry Wallace’s first lesson in agricultural from one ear of open-pollinated corn could ments. Our investment in science would van- experimentation came from his mother, yield twice as much as progeny from another ish if we did not freshen it constantly and May, a woman endowed with strong religious ear of corn of the same variety. keep training an alert scientific personnel.’’ convictions and a great love of plants. May Having proved that ability to yield is more Secretary Wallace was also directly in- Wallace taught her young son how to cross- important than appearance, he was receptive volved with the expansion of the Beltsville breed pansies, to his great delight. ‘‘It hap- to the concept of hybrid corn. He carefully Agricultural Research Facility. He noted in pened that in that particular outcome, the followed scientific reports and experiments his diary on April 5, 1940, just prior to the flowers were not as pretty as either parent, relating to its development while graduating fall of France: but I attributed to them unusual value sim- first in the agricultural class of 1910, at Iowa ‘‘President Roosevelt was very emphatic ply because they had been crossed.’’ His State College. about moving the Agricultural Department mother also frequently said, ‘‘Henry, always Throughout the 1920s, Wallace worked in- out of the farm at Arlington [where the Pen- remember, you are a Wallace and a gen- tensely on his own breeding projects and to tagon now sits]. He wanted to bring in the tleman.’’ Wallace never forgot. promote the development and use of hybrid rest of an army battalion and a regiment of From his father and grandfather he inher- corn. In the early years of that decade, he cavalry. The President has the War of 1812 in ited his first and last names, a tradition of had been influential in founding the Iowa mind and doesn’t want some foreign nation progressive thinking and an intense belief in Corn Yield Contest, which he saw not only as to come in and burn up Washington. Perhaps the value of ‘‘a distinctive and satisfying a scientifically valid replacement of the his ideas are sound, although responsible rural civilization’’ that offered ‘‘nothing less ‘‘corn shows,’’ but as a means to dem- people seemed to be inclined to pooh-pooh than the comforts and the cultural elements onstrate to farmers the superiority of hybrid them. The President wanted Agriculture to of the best city life blended with the individ- corn. get in touch with the Budget Bureau and the ualism and the contact with nature that the Wallace knew even then that a revolu- War Department and get prepared to move country gives.’’ His father and grandfather tion—his word—was coming to the Corn out at once.’’ had founded the family’s influential farm Belt. It was a revolution which he predicted President Roosevelt had developed great journal, Wallaces’ Farmer, and summed up and, more than any other individual, led. In respect for Wallace’s counsel as a Cabinet their philosophy in six words that appeared 1933, six years after he started his own little member for eight years on a great variety of on the cover of every issue: ‘‘Good farming, company to develop and market hybrid seed, subjects beyond agricultural policy. He re- clear thinking, right living.’’ only one percent of the corn planted in the ferred to him as ‘‘old man common sense,’’ Another important influence on young midwest was grown from hybrid seed. Ten and selected him as his vice presidential can- Henry, as he was called in the family, oc- years later, more than three-fourths of corn didate in 1940 because, according to Eleanor curred when he was a very young boy. Wal- grown in the Corn Belt came from hybrids. Roosevelt, he could best carry out Roo- lace had moved with his family to Ames, Today, of course, virtually all commercial sevelt’s domestic and foreign policy if some- Iowa, where his father completed his degree corn comes from hybrids. Yields grew from thing should happen to the president. at Iowa State and taught for a few years as less than 25 bushels an acre in 1931 to 110 or In December 1940, Wallace, recently elected a professor of dairying. There the shy boy more bushels today. The corn revolution vice president, was sent to Mexico by Presi- was befriended by one of his father’s stu- stimulated an agricultural revolution dent Roosevelt to attend the inauguration of dents, a gangly black man by the name of throughout the world and transformed its new president. While there, Wallace, who George Washington Carver, who had been American agriculture from an art to an ap- had learned Spanish a few years before, born in slavery. Together this unlikely duo— plied science. asked to tour the rural areas and saw the one who became the nation’s greatest sec- Wallace viewed this revolution not in the desperate need for better agricultural meth- retary of agriculture, and the other who raw statistics of yields-per-acre, certainly ods to improve food yields. He was impressed gained international fame as a botanist and not in bottom-line sales and profits, but in by the prominent role of corn in Mexican ag- chemist—tramped through the woods and an intimately personal way. ‘‘Every living riculture, as well as the reverence the people fields around Ames exploring nature in inti- thing, whether it be plant, animal or human had for it. Upon his return to the United mate detail. Six decades later, it was said, being, has an individuality of its own,’’ he States, he persuaded the Rockefeller Foun- Henry Wallace was still able to impress wrote at the height of his corn breeding dation to establish the first of a series of agrostologists with the minute knowledge of work. ‘‘Some are pleasing, some repulsive, highly successful international agricultural grasses he learned at Carver’s feet. His life- but all are interesting to whosoever tries to research centers. The Wallace proposal was long fondness for grass was later evidenced understand them. For fifteen years, I have timely because the foundation had begun to by a national radio address he made while tried to understand corn plants, until now realize that its global public health pro- Secretary of Agriculture entitled ‘‘The the individuality of corn plants is almost as grams, while controlling diseases such as Strength and Quietness of Grass.’’ interesting to me as the personality of ani- hookworm, yellow fever and malaria, might It was Carver, Wallace said, who intro- mals or human beings.’’ be saving people from disease only to have duced him to the ‘‘mysteries of botany and It has been said that Henry Wallace was them experience slow starvation due to inad- plant fertilization’’ and who demonstrated the only genius to have served as Secretary equate diets. He was also responsible for the that ‘‘superior ability is not the exclusive of Agriculture. The period 1933 to 1940 was establishment of the Institute of Tropical possession of any one group or class. It may the golden age in the Department’s history Agriculture in Costa Rica and took an active arise anywhere,’’ Wallace noted, ‘‘provided and the creation of much of the intellectual part in the plans which led to the creation of men are given the right opportunities.’’ He dynamism of the New Deal. Agricultural pro- the Food and Agricultural Organization of also learned from Carver an approach to grams and policies were enacted which re- the United Nations. science: ‘‘Carver’s search for new truth,’’ main the basic framework today. Under Wal- A fellow Iowan, Norman Borlaug, who re- Wallace later observed, ‘‘both as botanist lace’s creative stimulus, soil conservation, ceived the Nobel Prize for his work with the and chemist, was a three-pronged approach to protect what his grandfather called ‘‘the ‘‘Green Revolution,’’ once remarked that the involving himself, his problem, and his voiceless land,’’ was promoted. The ever-nor- award should have gone to Henry Wallace, Maker.’’ He earnestly believed that God was mal granary, to ensure against famine, an whose leadership and inspiration was the in every plant and rock and tree and in every idea which Wallace derived from reading moving force in these efforts. human being, and that he was obligated not Confucius and the Bible, was established. Wallace was the first vice president in only to be intensely interested but to call on These food reserves later proved of critical American history to be given formal execu- the God in whom he so deeply believed and value in World War II. In addition, the REA, tive branch responsibilities as head of the felt as a creative force all around him. food stamps, the school lunch program, and Board of Economic Warfare. This agency was ‘‘There is, of course, no scientific way of ‘‘food for peace’’ were all begun. charged with the critical task of obtaining proving Carver . . . right or wrong,’’ Wallace He was responsible for the Yearbooks of and ensuring the availability of vital raw re- noted. ‘‘But we can safely say,’’ he added, Agriculture in 1936 and 1937, which were the sources from Latin America and elsewhere ‘‘that if a corn breeder has a real love for his first devoted to agricultural research and after the United States entered World War plants and stays close to them in the field, plant genetics. He was proud that he had not II. his net result, in the long run, may be a sci- succumbed during this period to the pres- Wallace, in implementing the procurement entific triumph, the source of which will sures to have the scientific work of the de- contracts with countries from whom mate- never be revealed in any statistical array of partment reduced. He wrote: ‘‘Science, of rials were obtained, required the commit- tables and cold figures.’’ course, is not like wheat or cotton or auto- ment that they would in turn provide im- As a boy growing up in Des Moines, there mobiles. It cannot be over-produced. It does proved wages and living conditions for the was always available to Wallace a small plot not come under the law of diminishing util- workers. His objective was two-fold: healthy of land on which to experiment and ample ity, which makes each extra unit in the workers would best provide the supplies

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00191 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9646 CONGRESSIONAL RECORD — SENATE August 2, 1996 needed, and, in Wallace’s view, such eco- basis for democracy. The seed bed of the faith. The answer given by the catechism is: nomic and social developments within the great leaders of the future, as of those of the ‘‘The chief end of man is to glorify God and society would help advance democracy, en- past, is in the rank and file of the people.’’ enjoy Him forever.’’ How is one to glorify sure better post-war trading opportunities As the cold was developed in March 1946, God? The Wallaces were believers in the ‘‘so- and good relations with the U.S. This ap- Wallace said, ‘‘The common people of the cial gospel;’’ that is, one glorified God by proach was vigorously opposed by conserv- world will not tolerate a recrudescence of serving one’s fellow human beings. atives within the administration and the imperialism even under enlightened Anglo- In his oral history, Wallace said that if he U.S. Congress, and the practice was therefore Saxon atomic bomb auspices. If English- were: discontinued. speaking people have a destiny, it is to serve To draw conclusions from my life so far I Wallace typically, like his forebears, was the world, not to dominate it.’’ In light of would say that the purpose of existence here concerned not only with the problems of his his scientific background, Wallace had been on earth is to improve the quality and in- generation, but also with those of his grand- designated by President Roosevelt as his per- crease the abundance of joyous living. The children. Painfully mindful of the errors in sonal liaison to secretly work with the group improved quality and increased abundance of U.S. policy, which he felt lost the peace fol- proposing the development of the atomic life is a progressive matter and has to do not lowing World War I, Wallace, as early as 1941, bomb. It has been said that the explosion of only with human life but with all plants and predicted with typical vision: ‘‘The wisdom the atomic bomb ‘‘changed everything but animals as well. The highest joy of life is of our actions in the first three years of man’s thinking.’’ Not true with Wallace, for complete dedication to something outside of peace will determine the course of world his- he immediately understood the threat now yourself. I am convinced that God craves and tory for half a century.’’ represented to human survival and rededi- needs humanity’s help and that without that On May 8, 1942, Vice President Wallace de- cated all his efforts from that point forward help expressed in terms of joyous vitality, livered his most well known public address to the cause of world peace. God will have failed in this earthly experi- entitled ‘‘The Price of Free World Victory,’’ On September 21, 1945, in his last Cabinet ment. but known to millions throughout the world meeting as Secretary of War, Republican pa- This is the core of Henry A. Wallace. If as the ‘‘Century of the Common Man’’ trician, Henry Stimson, proposed that infor- these views strike you as an odd way for a speech. mation about atomic energy (not how to plant geneticist to talk about his work, rest The speech represented Wallace’s effort to make the bomb) should be shared with other assured you are not alone. Plenty of Wal- inform World War II with a moral purpose: members of the United Nations, including lace’s contemporaries were equally per- ‘‘This is a fight between a slave world and a the Soviet Union. Failing that, Stimson ar- plexed. ‘‘A senator moves easily from corn to free world,’’ he declared, ‘‘and the free world gued, the Russians would view atomic energy hogs,’’ the journalist Jonathan Daniels must prevail.’’ His remarks, however, went as another weapon in the Anglo-American wrote. ‘‘But he can be disturbed by a grin- far beyond a call for the defeat of Germany arsenal that must—and would—be matched. ning Iowan who moves casually from genet- and Japan. Wallace saw the war as a struggle Wallace sided with Stimson and, in a follow- ics to God.’’ against oppression everywhere. ‘‘Victory for up letter to President Truman, joined those Dr. Raul C. Manglesdorf, head of the Har- the allies,’’ he said, ‘‘must lift the men and U.S. atomic scientists who warned that, in vard University Botanical Museum, said, ‘‘It women of all nations from the bonds of mili- attempting to maintain secrecy about these was Wallace’s fate to be often regarded as a tary, political and economic tyranny.’’ In scientific developments, we will be indulging ‘dreamer’ when actually he was only seeing short, Wallace envisioned a worldwide revo- in ‘‘the erroneous hope of being safe behind in his own pragmatic, realistic way some of lution against the old order. a scientific Maginot Line.’’ the shapes of things to come and more often ‘‘Some have spoken of the ‘American Cen- Wallace was also acutely aware that an- than not he was right.... Wallace’s pre- tury,’’’ he said, referring to an earlier ad- other bomb was ticking—the growing global dictions,’’ he further noted, ‘‘were based less dress by Henry Luce of Time Magazine. ‘‘I discrepancy between rich and poor—and that on inspiration or intuition than upon an ob- say that the century on which we are enter- dramatic population growth, accompanied jective evaluation of the available facts in ing—the century which will come out of this by even greater human misery and suffering, the light of historical perspective. As a stu- war—can and must be the century of the would lead to an explosion even more prob- dent of history he was well aware that his- common man.’’ In Wallace’s mind the post- able than the bomb itself. tory often repeats.’’ war situation should be a world free from For the last 17 years of his life, Wallace During his lifetime, political opponents want and deprivation in which nations trad- was retired on his New York farm, out of often derided Wallace as a ‘‘mystic,’’ a term ed freely and where lawful international public life and politics, continuing the work which they intended to conjure up visions of order superseded national militarism. Wal- he loved most—his experiments with crystal balls and secret ceremonies. Wallace lace wrote: gladioli, strawberries, corn and chickens, as himself accepted the term ‘‘practical mys- ‘‘When a political system fails to give well as his efforts to increase agricultural tic.’’ ‘‘I’ve always believed that if you envi- large numbers of men the freedom it has productivity and improve the nutrition of sion something that hasn’t been, that can be, promised, then they are willing to hand over the people in the less developed world with a and bring it into being, that is a tremen- their destiny to another political system. special emphasis on Central and Latin Amer- dously worthwhile thing to do.’’ Wallace When the existing machinery of peace fails ica. once co-authored a wonderful little book to give them any hope of national prosperity In 1963, in a commencement address at the with William Brown on the history of corn, or national dignity, they are ready to try the Pan American School of Agriculture in Hon- titled Corn and Its Early Fathers, at the be- hazard of war. When education fails to teach duras, Wallace told the young graduates that ginning of which he devoted an entire page them the true nature of things, they will be- if any people wished long to survive, they to this quotation from Jonathan Swift: ‘‘And lieve fantastic tales of devils and magic. should work at least one-third of the time he gave it for his opinion, that whoever When their normal life fails to give them with their hands and preferably in contact could make two ears of corn, or two blades of anything but monotony and drabness, they with soil. He urged them to invest ‘‘their grass, to grow upon a spot of ground where are easily led to express themselves in personal interest wisely,’’ and the ‘‘depth of only one grew before, would deserve better of unhealthy or cruel ways, as by mob violence. that interest will draw other people to you. mankind, and do more essential service to And when science fails to furnish effective Some of them good, some bad. Eventually his country, than the whole race of politi- leadership, men will exalt demagogues and some of you will come to understand human cians put together.’’ science will have to bow down to them or beings which is the most difficult job of all.’’ Wallace, the ‘‘practical mystic,’’ saw a way keep silent.’’ He went on to say that ‘‘you are scientists to make the equivalent of two or four ears of Wallace preached that Americans must be who have learned to use your hands in a corn grow where one grew before. This, in his prepared to support decolonization, inter- practical way. In so doing you will be in- view, seemed a ‘‘tremendously worthwhile national demilitarization and economic co- tensely patriotic, serving your country in thing to do,’’ precisely because it seemed an operation if victory was to have any true the most fundamental way. You will not be- obvious way of improving the lot of his fel- meaning. He was, however, frequently frus- long to the right or the left or the center, low human beings. trated in these objectives. The voice of the but to the earth and those who work the But there was another component to his common man, he complained in his diary, earth lovingly and effectively so that it may vision. This was the hope that hybrids would was not heard by the powerful elitists who be preserved and improved century after cen- help bring about the ‘‘distinctive rural civili- ran foreign affairs. ‘‘So long as the foreign tury.’’ zation’’ of his family’s dreams. He asked: affairs of the U.S. are allowed to be con- What, then, are we to make of this shy rev- ‘‘Can we go ahead to create a rural civiliza- trolled as the sacrosanct preserve of one so- olutionary, this complex genius with such an tion that will give us a material foundation cial class only, the weight of this country elusive personality, and what can we learn solid enough so that life can be enjoyed in- will continue to be thrown on the side of the from his attitude towards plants, science, ag- stead of being wasted in a chase after enough ‘proper’ people in other countries, all lip riculture—and human life and progress? dollars to keep the sheriff and wolf away?’’ service to democracy notwithstanding * * *.’’ We might begin by asking ourselves the Perhaps hybrid seed, and science in general, In an earlier speech responding to Hitler’s question he often asked himself: ‘‘What is provided an answer. claim of the superiority of the Aryan race, worthwhile?’’ This is the question at the It may be charged—certainly it was in his Wallace said that, ‘‘As a result of my study heart of our inner selves, part of the Pres- own time—that such a vision is utopian. But of genetics . . . there is nothing in science to byterian catechism he learned as a young Wallace was not intimidated by such lan- interfere with what might be called a genetic boy from his grandfather. It is a question of guage. ‘‘Our utopias,’’ he wrote, ‘‘are the

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00192 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9647 blueprints of our future civilization, and as would blend political freedom with the full to do good work, to love our fellow men and such, airy structures though they are, they use of resources, both of manpower and of to take delight in the beauty of a world won- really play a bigger part in the progress of technologies, for everyone’s welfare.’’ derful enough to give pleasure to the Work- man than our more material structures of It is intriguing to speculate about what man who planned it?’’ brick and steel. The habit of building utopias Wallace might say if he were here today, Finally, we can guess that he would say to shows to a degree whether our race is made about the state of agriculture in this coun- farmers and scientists: ‘‘Small is good.’’ up of dull-spirited bipeds or whether it is try and around the world, about the move- When Wallace began his corn breeding ex- made up of men who want to enjoy the full ment for a sustainable alternative agri- periments, he recalled, he ‘‘had only a frac- savoring of existence that comes only when culture, about the role of science and the tion of an acre within the city limits of Des they feel themselves working with the forces march of human progress. Probably his com- Moines on which to work. An inbred corn ca- of nature to remake the world nearer to ments would surprise all of us, as they so pable of unusually high yield came out of their heart’s desire.’’ often surprised audiences during his lifetime. [this] backyard garden, which was but ten by It is worth reflecting upon this comment, His was a provocative and remarkably origi- twenty feet....’’ He was concerned that for it encompasses Wallace’s answer to both nal mind, unfazed by popular opinion and breeders might substitute masses of data for those who would say science must be allowed conventional wisdom. The absence of ‘‘corn real understanding and pointed out that to work its will regardless of the con- shows’’ testifies to that. James Logan, an 18th Century experimenter, sequences, and to the critics of science who First, on a very contemporary note, we can had learned from four hills of corn, and that would rather forego knowledge than cope assume Wallace would be appalled and dis- the principles of heredity were discovered by with change. gusted by the attack now being made on the Gregor Mendel, growing peas in a monastery To scientists he said this: nation’s conservation programs, especially garden about 15 feet wide and 30 or 40 feet ‘‘The cause of liberty and the cause of true those related to agriculture. The efforts long, and finally, that George H. Shull, one science must always be one and the same. made to preserve land—to remove marginal of the inventors and developers of hybrid For science cannot flourish except in an at- land from production and protect the re- corn, used no more than one quarter of an mosphere of freedom, and freedom cannot mainder from erosion and abuse—were acre each season in conducting his experi- survive unless there is an honest facing of among his proudest accomplishments. ‘‘Peo- ments. facts .... Democracy—and that term in- ple in cities may forget the soil for as long He deplored that the modern trend in cludes free science—must apply itself to as a hundred years, but mother nature’s science is in exactly the opposite direction. meeting the material need of men for work, memory is long and she will not let them ‘‘The present emphasis,’’ he wrote, ‘‘is di- for income, for goods, for health, for secu- forget indefinitely,’’ he wrote. ‘‘The soil is rected toward doing things in a big way, to- rity, and to meeting their spiritual need for the mother of man and if we forget her, life ward large numbers and multidisciplinary dignity, for knowledge, for self-expression, eventually weakens. research. In many of our educational institu- for adventure and for reverence. And it must Second, Wallace would admonish us to use tions, scientific progress seems to be meas- succeed.’’ our abundance more ‘‘virtuously and wise- ured in terms of the growth of departments In other words, the ends of science must al- ly.’’ In the long run, Wallace believed, a and the number and size of financial grants ways be mankind. Scientists, no less than healthy democracy could not tolerate the that can be obtained for support of the the rest of us, must every day ask them- politics of scarcity. In his own time, Wallace work.... The great scientific weakness of selves; What is worthwhile? saw the devastating consequences of scarcity America today.’’ he said, ‘‘is that she tends To the anti-scientists, Wallace said this in run amuck; one-third of a nation ill-nour- to emphasize quantity at the expense of 1933: ished, ill-clad, and ill-housed. Today, how- quality—statistics instead of genuine in- ‘‘I have no patience with those who claim ever, we might imagine that Wallace would sight—immediate utilitarian application in- that the present surplus of farm products see too much money, made in unproductive stead of genuine thought about fundamen- means that we should stop our efforts at im- ways, in the hands of too few people, too tals.... True science cannot be evolved by proved agricultural efficiency. What we need many people without health insurance or se- mass-production methods.’’ is not less science in farming, but more cure and satisfying employment, and far, far At 75 years of age and in outwardly re- science in economics .... Science has no too many people leading wasted lives in the markable physical condition, Wallace be- doubt made the surplus possible, but science poverty and degradation of our major cities. came afflicted with Amyotrophic Lateral is not responsible for our failure to dis- He would deplore the national priorities Sclerosis, or Lou Gehrig’s disease. This dis- tribute the fruits of labor equitably.’’ which call for huge defense budgets while re- ease affects the nervous system and causes In other words, the answer to society’s ducing investments in education, environ- muscular atrophy. There is no cure. An ex- problems lies not in blocking progress but in ment, and job training. He would be greatly perimenter to the end, he kept a careful guiding it to serve mankind’s ends. troubled by the lack of concern for the ‘‘gen- record of his symptoms and reactions in a And to everyone he offered this warning: eral welfare,’’ the widespread violence in our memo entitled, ‘‘Reflections of an ALSer.’’ ‘‘The attacks upon science stem from country, and the lack of civility and loss of In the final weeks of his illness, in Sep- many sources. It is necessary for science to community in our national life. He would tember 1965, Wallace was visited by a friend defend itself, first, against such attacks, and urge creative social and economic planning while a patient at NIH. The visitor noted second, against the consequences of its own to address these issues. that the flowers in his room had been sent by successes. What I mean is this: That science While he would welcome the liberalization President Lyndon Johnson. Wallace, who, has magnificently enabled mankind to con- of international trade, he would decry the given the disease’s progression, could no quer its first great problem—that of pro- enormous expenditure of scarce Third World longer speak, wrote on a notepad, ‘‘I hope ducing enough to go around; but that resources on arms. He would advocate a they think about decentralization as the science, having created abundance, has now stronger U.N. military force and greater for- hope of the future. Big cities will become to help men live with abundance. Having eign assistance through more efficient and cesspools.’’ conquered seemingly unconquerable physical reformed multilateral lending institutions. Wallace always rose very early on his obstacles, science has now to help mankind Third, we might guess that Wallace would Farvue farm and, as long as his failing conquer social and economic obstacles. Un- look upon the sustainable agriculture move- health permitted, continued to type his own less mankind can conquer these new obsta- ment with considerable affection. This is correspondence with geneticists, plant breed- cles, the former successes of science will speculative because Wallace, like all of us, ers and others around the world before going seem worse than futile. The future of civili- was a man of his times, and no one would say out to the field in a mechanized wheelchair zation, as well as of science, is involved.’’ he was close to being ‘‘certified organic’’ in to work with his research plots. Wallace also once observed ‘‘scientific un- his own practices. He used chemical pes- One of his last letters was to a long-time derstanding is our joy. Economic and polit- ticides and fertilizers liberally, and, some friend and corn breeder: ical understanding is our duty.’’ His concept would argue, helped pave the way for a high- ‘‘Your 3306 [a hybrid seed corn code] has of scientific research was a broad one and in- ly mechanized, industrialized agriculture me all excited. So glad you have 2,000 acres cluded the lifting of the social sciences to through the introduction of hybrid seed to of it.... I was feeling rather blue when I the same level as the natural sciences. In commercial farming. got up this morning, thinking the end of the turn, he challenged these scientists to have a Still, Wallace was a man who believed in road was not far off. But when I got to think- greater conscience concerning the implica- facts. If the facts argued against chemical ing about 3306, I felt I just had to live to see tions of their work. Applied research would pesticides, he would have accepted them to- how [it] would adapt to the tropical pro- properly involve social planning, which tally. What he sought, in his life’s work, was gram, the Argentine program, and the South would enable man to have more leisure time not prosperity for corporations, but for the Georgia program. Yes, this is the most excit- and thus better enjoy non-material things, men and women living on farms, doing God’s ing letter I have ever received from you.’’ such as ‘‘music, painting, literature, sport work, preserving their land and seeing ‘‘the That was his message. Think big, plant for sport’s sake, and the idle curiosity of the fruits of their labor raise the living stand- small, work hard, seek the truth, glorify ∑ scientist himself.’’ ards of mankind.’’ Prosperity, he often God, and have sympathy for the plant. The New Republic, which he served briefly warned farmers, was not an end but the f as editor after his retirement from politics, means to an end. He wrote: ‘‘Can we remem- once described his concept of political de- ber that prosperity is worthless except inso- ORDER OF BUSINESS mocracy as ‘‘. . . that of a science which far as it gives us more freedom and strength Mr. INHOFE addressed the Chair.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00193 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9648 CONGRESSIONAL RECORD — SENATE August 2, 1996 The PRESIDING OFFICER. The Sen- who are victims of war crimes, to see If Congress passes her War Crimes Disclo- ator from Oklahoma. the criminal brought to justice in the sure Act, H.R. 1281, questions critical to his- tory and the conduct of foreign affairs can be f United States. Before addressing the need for this answered and the power of government to WAR CRIMES ACT OF 1996 legislation, let me thank and commend withhold them reduced. The case of Kurt Waldheim is the most interesting example— Mr. INHOFE. Mr. President, I ask the distinguished WALTER JONES, who the most interesting we know of at the mo- unanimous consent that the Senate so ably represents the third district of ment. now proceed to the consideration of North Carolina, for his commitment Did the U.S. know when it backed him for H.R. 3680 which was received from the and hard work toward the passage of Secretary General that he had been put on House. this bill. I’d also like to thank my dis- the A list of war-crime suspects, adopted in The PRESIDING OFFICER. The tinguished colleague, Senator JAMES London in 1948, for his work as a Wehrmacht intelligence officer in the Balkans, when clerk will report. INHOFE, for his support of this impor- The assistant legislative clerk read tens of thousands of Yugoslavs, Greeks, tant bill. Italians, Jew and non-Jew, were being de- as follows: Many have not realized that the U.S. ported to death? A bill (H.R. 3680) to amend title 18, United cannot prosecute, in Federal court, the If not, isn’t that real strange, since the States Code, to carry out the international perpetrators of some war crimes U.S. representative on the War Crimes Com- obligations of the United States under the against American servicemen and na- mission voted to list him? A report was sent Geneva Conventions to provide criminal pen- tionals. Currently, if the United States to the State Department. Didn’t State give alties for certain war crimes. were to find a war criminal within our the C.I.A. a copy—a peek? And when he was running for Secretary The PRESIDING OFFICER. Is there borders—for example, one who had objection to the immediate consider- General why did State Department biog- murdered an American POW—the only raphies omit any reference to his military ation of the bill? options would be to deport or extradite service—just as he forgot to mention it in There being no objection, the Senate the criminal or to try him or her before his autobiographies? proceeded to consider the bill. an international war crimes tribunal or If all that information was lost by teams of Mr. INHOFE. Mr. President, this par- military commission. Alone, these op- stupid clerks, once the Waldheim name came ticular act is known as the War Crimes tions are not enough to insure that jus- up for the job why did not the U.S. do the ob- vious thing—check with Nazi and war-crime Act of 1996. This was called to my at- tice is done. tention by a very articulate young records in London and Berlin to see if his While the Geneva Convention of 1949 name by any chance was among those dearly Congressman from North Carolina, grants the U.S. authority to criminally wanted? Walter Jones, Jr., whose father we prosecute these acts, the Congress has Didn’t the British know? They voted for served with for many, many years over never enacted implementing legisla- the listing too. And the Russians—Yugo- in the House of Representatives. tion. The War Crimes Act of 1996 cor- slavia moved to list him when it was a So- He was very observant in discovering rects this oversight by giving Federal viet satellite. Belgrade never told Moscow? How did Mr. Waldheim repay the U.S. for something, that after 40 years, after district courts jurisdiction to try indi- the ratification of the Geneva Conven- its enduring fondness to him? Twice it viduals charged with committing a pushed him successfully for the job. The tions, that it was not self-enacting, and grave breach of the Geneva Conven- third time it was among few countries that we actually have never passed the nec- tions, whenever the victim or perpe- backed him again but lost. Nobody can say essary legislation to accept jurisdic- trator is a U.S. serviceman or national. the U.S. was not loyal to the end. tion within our Federal courts to pros- The bill would also allow an Amer- Did he also serve the Russians and British? ecute war crimes that we were aware ican, who is charged with a war crime, One at a time? Or was he a big-power of. groupie, serving all? to be tried in an American court and to One thing is not secret any longer, thanks So this legislation will correct that receive all of the procedural protec- to Prof. Robert Herzstein of the University after this long period of time. It is kind tions afforded by our American justice of South Carolina history department. He of inconceivable to me that we would system. has managed through years of perseverance send out to battle and to various parts Mr. President, at a time when Amer- to pry some information loose. He found that of the world our young troops, trying ican servicemen and women serve our while Mr. Waldheim worked for the Austrian to equip them properly—I would say Nation in conflicts around the world, it bureaucracy, the U.S. Embassy in Vienna properly, that if we ever get our au- is important that we give them every year after year sent in blurby reports about thorization passed—and have these protection possible. I urge my col- his assistance to American foreign policy— friendly, outstanding, cooperative, receptive people ready to do the work that they leagues to support this bipartisan bill to American thinking. All the while, this are trained to do, and yet if a crime is and reaffirm our commitment to our cuddly fellow was on the A list, which was in perpetrated against them, and that country’s servicemembers. the locked files or absent with official leave. criminal happens to be in the United I ask unanimous consent that an ar- On May 24, 1994, I reported on Professor States, we cannot even prosecute them ticle from the New York Times be Herzstein’s findings and the need for opening in our Federal courts. That is all going printed in the RECORD. files of war-crime suspects. Representative to come to a stop. There being no objection, the article Maloney quickly set to work on her bill to was ordered to be printed in the open those files to Freedom of Information I think also this bill might even ad- requests—providing safeguards for personal dress another problem that is taking RECORD, as follows: privacy, ongoing investigations and national place right now in this country. As you [From the New York Times, June 25, 1996] security if ever pertinent. know, I am from Oklahoma. And one of MS. MALONEY AND MR. WALDHEIM Her first bill expired in the legislative ma- the worst terrorist acts took place just (By A.M. Rosenthal) chinery and in 1995 she tried again. She got a little over a year ago in Oklahoma For a full half-century, with determination her hearing recently thanks to the chairman City with the bombing of the Murrah and skill, and with the help of the law, U.S. of her subcommittee of the Government Re- Federal Office Building. And with all of intelligence agencies have kept secret the form Committee—Stephen Horn, the Cali- record of how they used Nazis for so many fornia Republican. the terrorist acts recently, this could If the leaders of Congress will it, the years after World War II, what the agencies act as a deterrent, this War Crimes Act Maloney bill can be passed this year. I nomi- got from these services—and what they gave of 1996, for people who may be consid- nate my New York Senators to introduce it as payback. ering perpetrating some terrorist act Despite the secrecy blockade, we do know in the Senate. It will be a squeeze to get it that could be defined as a war crime. how one cooperative former Wehrmacht offi- passed before the end of the year, so kindly So I believe this is something that cer and war crimes suspect was treated. We ask your representatives and senators to know the U.S. got him the Secretary Gener- start squeezing. should have been done some 40 years If not, the laborious legislative procedure ago, but was not. So we will correct alship of the U.N. as reward and base. For more than two years, Congress has had will have to be repeated next session. Ques- that tonight. This has been cleared by tions about the Waldheim connection will go both sides. legislation before it to allow the public ac- cess to information about U.S.-Nazi intel- unanswered, and also about other cases that Mr HELMS. Mr. President, this bill ligence relations—a bill introduced by Rep- may be in the files or strangely misplaced, will help to close a major gap in our resentative Carolyn B. Maloney, a Manhat- which will also be of interest. Federal criminal law by permitting tan Democrat, and now winding through the Mr. INHOFE. Mr. President, I ask American servicemen and nationals, legislative process. unanimous consent that the bill be

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00194 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9649 deemed read a third time, and passed, (1) the Opal Creek Wilderness, as depicted on agement Plan shall become part of the land and and the motion to reconsider be laid the map described in section 102(2), is hereby resource management plan for the Willamette upon the table, and that any state- designated as wilderness, subject to the Wilder- National Forest and supersede any conflicting ments relating to the bill appear at the ness Act of 1964, shall become a component of provision in the land and resource management the National Wilderness System, and shall be plan. appropriate place in the RECORD. known as the Opal Creek Wilderness; (3) REQUIREMENTS.—The Opal Creek Manage- The PRESIDING OFFICER. Is there (2) the part of the Bull of the Woods Wilder- ment Plan shall provide a broad range of land objection? Without objection, it is so ness that is located in the Willamette National uses, including— ordered. Forest shall be incorporated into the Opal Creek (A) recreation; The bill (H.R. 3680) was deemed read Wilderness; and (B) harvesting of nontraditional forest prod- the third time and passed. (3) the Secretary shall establish the Opal ucts, such as gathering mushrooms and material Mr. INHOFE. Thank you, Mr. Presi- Creek Scenic Recreation Area in the Willamette to make baskets; and National Forest in the State of Oregon, com- (C) educational and research opportunities. dent. (4) PLAN AMENDMENTS.—The Secretary may The PRESIDING OFFICER. Who prising approximately 13,000 acres, as generally depicted on the map entitled ‘‘Proposed Opal amend the Opal Creek Management Plan as the yields time? Creek Wilderness and Scenic Recreation Area’’, Secretary may determine to be necessary, con- Mr. HATFIELD addressed the Chair. dated June 1996. sistent with the procedures and purposes of this The PRESIDING OFFICER. The Sen- (b) CONDITIONS.—Subsection (a) shall not take title. ator from Oregon. effect unless the Secretary makes a determina- (c) CULTURAL AND HISTORIC RESOURCE INVEN- TORY.— f tion, not later than 2 years after the date of en- actment of this Act, that: (1) IN GENERAL.—Not later than 1 year after OREGON RESOURCE CONSERVA- (1) the following have been donated to the the date of establishment of the Scenic Recre- TION ACT OF 1996 OPAL CREEK United States in an acceptable condition and ation Area, the Secretary shall review and revise WILDERNESS AND OPAL CREEK without encumbrances: the inventory of the cultural and historic re- SCENIC RECREATION AREA ACT (A) All right, title, and interest in the fol- sources on the public land in the Scenic Recre- ation Area that were developed pursuant to the OF 1996 lowing patented parcels of land: (i) Santiam number 1, mineral survey number Oregon Wilderness Act of 1984 (Public Law 98– Mr. HATFIELD. Mr. President, I ask 992, as described in patent number 39–92–0002, 328; 98 Stat. 272). unanimous consent to bring up S. 1662, dated December 11, 1991. (2) INTERPRETATION.—Interpretive activities which has been cleared on both sides. (ii) Ruth Quartz Mine number 2, mineral sur- shall be developed under the management plan The PRESIDING OFFICER. Without vey number 994, as described in patent number in consultation with State and local historic 39–91–0012, dated February 12, 1991. preservation organizations and shall include a objection, it is so ordered. The clerk balanced and factually-based interpretation of will report. (iii) Morning Star Lode, mineral survey num- ber 993, as described in patent number 36–91– the cultural, ecological, and industrial history The assistant legislative clerk read 0011, dated February 12, 1991. of forestry and mining in the Scenic Recreation as follows: (B) all right, title, and interest held by any Area. A bill (S. 1662) to establish areas of wilder- entity other than the Times Mirror Land and (d) TRANSPORTATION PLANNING.— ness and recreation in the State of Oregon, Timber Company, its successors and assigns, in (1) IN GENERAL.—To maintain access to recre- and for other purposes. and to lands located in section 18, township 8 ation sites and facilities in existence on the date of enactment of this Act, the Secretary shall The PRESIDING OFFICER. Is there south, range 5 east, Marion County, Oregon, Eureka numbers 6, 7, and 8, and 13 mining prepare a transportation plan for the Scenic objection to the immediate consider- Recreation Area that evaluates the road net- ation of the bill? claims. (C) A public easement across the Hewitt, Star- work within the Scenic Recreation Area to de- There being no objection, the Senate vation, and Poor Boy Mill Sites, mineral survey termine which roads should be retained and proceeded to consider the bill which number 990, as described in patent number 36– which roads closed. had been reported from the Committee 91–0017, dated May 9, 1991. (2) ACCESS BY PERSONS WITH DISABILITIES.— on Energy and Natural Resources, with (2) a binding agreement has been executed by The Secretary shall consider the access needs of an amendment to strike all after the the Secretary and the owners of record as of persons with disabilities in preparing the trans- portation plan for the Scenic Recreation Area. enacting clause and inserting in lieu March 29, 1996, of the following parcels, speci- fying the terms and conditions for the disposi- (3) MOTOR VEHICLES.— thereof the following: (A) IN GENERAL.—Except as provided in sub- tion of these parcels to the United States Gov- SECTION 1. SHORT TITLE. paragraph (B) and in the transportation plan ernment: This Act may be cited as the ‘‘Oregon Re- (A) The lode mining claims known as Princess under paragraph (1), motorized vehicles shall source Conservation Act of 1996’’. Lode, Black Prince Lode, and King Number 4 not be permitted in the Scenic Recreation Area. (B) EXCEPTION.—Forest road 2209 beyond the TITLE I—OPAL CREEK WILDERNESS AND Lode, embracing portions of sections 29 and 32, gate to the Scenic Recreation Area, as depicted SCENIC RECREATION AREA township 8 south, range 5 east, Willamette Me- on the map described in section 103(a)(3), may SEC. 101. SHORT TITLE. ridian, Marion County, Oregon, the claims be used by motorized vehicles only for adminis- This title may be cited as the ‘‘Opal Creek being more particularly described in the field trative purposes and for access to a private Wilderness and Opal Creek Scenic Recreation notes and depicted on the plat of mineral survey inholding, subject to such terms and conditions Area Act of 1996’’. number 887, Oregon. (B) Ruth Quartz Mine Number 1, mineral sur- as the Secretary may determine to be necessary. SEC. 102. DEFINITIONS. (4) ROAD IMPROVEMENT.—Any construction or vey number 994, as described in patent number In this title: improvement of forest road 2209 beyond the gate 39–91–0012, dated February 12, 1991. (1) BULL OF THE WOODS WILDERNESS.—The to the Scenic Recreation Area shall be only for (c) EXPANSION OF SCENIC RECREATION AREA term ‘‘Bull of the Woods Wilderness’’ means the the purpose of maintaining the character of the BOUNDARIES.—On acquiring all or substantially land designated as wilderness by section 3(4) of road at the time of enactment and may not in- all of the land located in section 36, township 8 the Oregon Wilderness Act of 1984 (Public Law clude paving or widening. south, range 4 east, of the Willamette Meridian, 98–328; 16 U.S.C. 1132 note). (e) HUNTING AND FISHING.— Marion County, Oregon, by exchange, purchase (2) OPAL CREEK WILDERNESS.—The term ‘‘Opal (1) IN GENERAL.—Subject to other Federal and Creek Wilderness’’ means certain land in the on a willing seller basis, or donation, the Sec- State law, the Secretary shall permit hunting Willamette National Forest in the State of Or- retary shall expand the boundary of the Scenic and fishing in the Scenic Recreation Area. egon comprising approximately 12,800 acres, as Recreation Area to include the land. (2) LIMITATION.—The Secretary may designate generally depicted on the map entitled ‘‘Pro- SEC. 104. ADMINISTRATION OF THE SCENIC zones in which, and establish periods when, no posed Opal Creek Wilderness and Scenic Recre- RECREATION AREA. hunting or fishing shall be permitted for reasons ation Area’’, dated June 1996. (a) IN GENERAL.—The Secretary shall admin- of public safety, administration, or public use (3) SCENIC RECREATION AREA.—The term ‘‘Sce- ister the Scenic Recreation Area in accordance and enjoyment. nic Recreation Area’’ means the Opal Creek Sce- with the laws (including regulations) applicable (3) CONSULTATION.—Except during an emer- nic Recreation Area, comprising approximately to the National Forest System. gency, as determined by the Secretary, the Sec- 13,000 acres, established under section 103(a)(3). (b) OPAL CREEK MANAGEMENT PLAN.— retary shall consult with the Oregon State De- (4) SECRETARY.—The term ‘‘Secretary’’ means (1) IN GENERAL.—Not later than 2 years after partment of Fish and Wildlife before issuing any the Secretary of Agriculture. the date of establishment of the Scenic Recre- regulation under this section. (5) COUNTIES.—The term ‘‘counties’’ means ation Area, the Secretary, in consultation with (f) TIMBER CUTTING.— Marion and Clackamas Counties in the State of the advisory committee established under section (1) IN GENERAL.—Subject to paragraph (2), the Oregon. 105(a), shall prepare a comprehensive Opal Secretary shall prohibit the cutting and/or sell- SEC. 103. ESTABLISHMENT OF OPAL CREEK WIL- Creek Management Plan for the Scenic Recre- ing of trees in the Scenic Recreation Area. DERNESS AND SCENIC RECREATION ation Area. (2) PERMITTED CUTTING.— AREA. (2) INCORPORATION IN LAND AND RESOURCE (A) IN GENERAL.—Subject to subparagraph (a) ESTABLISHMENT.—On a determination by MANAGEMENT PLAN.—On completion of the Opal (B), the Secretary may allow the cutting of trees the Secretary under subsection (b)— Creek Management Plan, the Opal Creek Man- in the Scenic Recreation Area only—

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00195 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9650 CONGRESSIONAL RECORD — SENATE August 2, 1996

(i) for public safety, such as to control the contribute information or expertise about the re- (c) MAPS AND DESCRIPTION.— spread of a forest fire in the Scenic Recreation sources and the management of the Scenic (1) IN GENERAL.—As soon as practicable after Area or on land adjacent to the Scenic Recre- Recreation Area. the date of enactment of this Act, the Secretary ation Area; SEC. 105. ADVISORY COUNCIL. shall file a map and a boundary description for (ii) for activities related to administration of (a) ESTABLISHMENT.—On the establishment of the Opal Creek Wilderness and for the Scenic the Scenic Recreation Area, consistent with the the Scenic Recreation Area, the Secretary shall Recreation Area with the Committee on Re- Opal Creek Management Plan; or establish an advisory council for the Scenic sources of the House of Representatives and the (iii) for removal of hazard trees along trails Recreation Area. Committee on Energy and Natural Resources of and roadways. (b) MEMBERSHIP.—The advisory council shall the Senate. (B) SALVAGE SALES.—The Secretary may not consist of not more than 13 members, of whom— (2) FORCE AND EFFECT.—The boundary de- allow a salvage sale in the Scenic Recreation (1) 1 member shall represent Marion County, scription and map shall have the same force and Area. Oregon, and shall be designated by the gov- effect as if the description and map were in- (g) WITHDRAWAL. erning body of the county; cluded in this title, except that the Secretary (1) Subject to valid existing rights, all lands in (2) 1 member shall represent Clackamas Coun- may correct clerical and typographical errors in the Scenic Recreation Area are withdrawn ty, Oregon and shall be designated by the gov- the boundary description and map. from— erning body of the county; (3) AVAILABILITY.—The map and boundary (A) any form of entry, appropriation, or dis- (3) 1 member shall represent the State of Or- description shall be on file and available for posal under the public land laws; egon and shall be designated by the Governor of public inspection in the Office of the Chief of (B) location, entry, and patent under the min- Oregon; and the Forest Service, Department of Agriculture. ing laws; and (4) 1 member each from the City of Salem and (d) Nothing in this title shall interfere with (C) disposition under the mineral and geo- a city within a 25 mile radius of the Opal Creek any activity for which a special use permit has thermal leasing laws. Scenic Recreation Area. been issued and not revoked before the date of (h) BORNITE PROJECT. (5) not more than 8 members shall be ap- enactment of this title, subject to the terms of (1) Nothing in this title shall be construed to pointed by the Secretary from among persons the permit. interfere with or approve any exploration, min- who, individually or through association with a SEC. 107. ROSBORO LAND EXCHANGE. ing, or mining-related activity in the Bornite national or local organization, have an interest (a) AUTHORIZATION.—Notwithstanding any Project Area conducted in accordance with ap- in the administration of the Scenic Recreation other law, if the Rosboro Lumber Company (re- plicable laws. The Bornite Project Area is de- Area, including, but not limited to, representa- ferred to in this section as ‘‘Rosboro’’) offers picted on the map described in section 103(a)(3). (2) Nothing in this title shall be construed to tives of the timber industry, environmental orga- and conveys title to the United States acceptable interfere with the ability of the Secretary to ap- nizations, the mining industry, inholders in the to the Secretary of Agriculture to the land de- prove and issue special use permits in connec- wilderness and scenic recreation area, and eco- scribed in subsection (b), all right, title and in- tion with exploration, mining, and mining-re- nomic development interests and Indian Tribes. terest held by the United States to sufficient (c) STAGGERED TERMS.—Members of the advi- lated activities in the Bornite Project Area. lands described in subsection (c) of equivalent (3) Motorized vehicles, roads, structures, and sory council shall serve for staggered terms of 3 equal value are conveyed by operation of law to utilities (including but not limited to power lines years. Rosboro. and water lines) shall be allowed inside the Sce- (d) CHAIRMAN.—The Secretary shall designate (b) LAND TO BE OFFERED BY ROSBORO.—The nic Recreation Area to serve the activities con- 1 member of the advisory council as chairman. land referred to in subsection (a) as the land to ACANCIES.—The Secretary shall fill a va- ducted on land within the Bornite Project. (e) V be offered by Rosboro is the land described as (4) After the date of enactment of this title, no cancy on the advisory council in the same man- follows: Section 36, township 8 south, range 4 patent shall be issued for any mining claim ner as the original appointment. east, Willamette Meridian. under the general mining laws located within (f) COMPENSATION.—A member of the advisory (c) LAND TO BE CONVEYED BY THE UNITED the Bornite Project Area. council shall not receive any compensation for STATES.—The land referred to in subsection (a) (i) WATER IMPOUNDMENTS.—Notwithstanding the member’s service to the advisory council. as the land to be conveyed by the United States the Federal Power Act (16 U.S.C. 791a et seq.), SEC. 106. GENERAL PROVISIONS. is the land described as follows: the Federal Energy Regulatory Commission may (a) LAND ACQUISITION.— (1) Section 2, township 17 south, range 4 east, not license the construction of any dam, water (1) IN GENERAL.—Subject to the other provi- lot 3 (29.28 acres). conduit, reservoir, powerhouse, transmission sions of this subsection, the Secretary may ac- (2) Section 2, township 17 south, range 4 east, 1 1 line, or other project work in the Scenic Recre- quire any lands or interests in land in the Sce- NW ⁄4, SE ⁄4 (40 acres). ation Area, except as may be necessary to com- nic Recreation Area or the Opal Creek Wilder- (3) Section 13, township 17 south, range 4 east, 1 1 ply with (h). ness that the Secretary determines are needed to S ⁄2, SE ⁄4 (80 acres). (j) RECREATION.— carry out this title. (4) Section 2, township 17 south, range 4 east, 1 1 (1) RECOGNITION.—Congress recognizes recre- (2) PUBLIC LAND.—Any lands or interests in SW ⁄4, SW ⁄4 (40 acres). ation as an appropriate use of the Scenic Recre- land owned by a State or a political subdivision (5) Section 8, township 17 south, range 4 east, ation Area. of a State may be acquired only by donation or SE1⁄4, SW1⁄4 (40 acres). (2) MINIMUM LEVELS.—The management plan exchange. (6) Section 5, township 17 south, range 4 east, shall accommodate recreation at not less than (3) CONDEMNATION.—Subject to paragraph (4), lot 7 (37.63 acres). the levels in existence on the date of enactment the Secretary may not acquire any privately (7) Section 11, township 17 south, range 4 east, of this Act. owned land or interest in land without the con- W1⁄2, NW1⁄4 (80 acres). (3) HIGHER LEVELS.—The management plan sent of the owner unless the Secretary finds (d) The values of lands to be exchanged pur- may provide for levels of recreation use higher that— suant to this subsection shall be equal as deter- than the levels in existence on the date of enact- (A) the nature of land use has changed sig- mined by the Secretary of Agriculture, or if they ment of this Act if the levels are consistent with nificantly, or the landowner has demonstrated are not equal, shall be equalized by additional the protection of resource values. intent to change the land use significantly, from lands or by the payment of money to Rosboro or (k) PARTICIPATION.—In order that the knowl- the use that existed on the date of the enact- to the Secretary subject to the 25 per centum edge, expertise, and views of all agencies and ment of this Act; and cash equalization limitation of section 206 of the groups may contribute affirmatively to the most (B) acquisition by the Secretary of the land or Federal Land Policy and Management Act of sensitive present and future use of the Scenic interest in land is essential to ensure use of the 1976, as amended (43 U.S.C. 1716). Recreation Area and its various subareas for the land or interest in land in accordance with the (e) TIMETABLE.—The authority provided by benefit of the public: management plan prepared under section 104(b). this section shall lapse if Rosboro fails to offer (1) ADVISORY COUNCIL.—The Secretary shall (b) ENVIRONMENTAL RESPONSE ACTIONS AND the land described in subsection (b) within two consult on a periodic and regular basis with the COST RECOVERY.— years after the date of enactment of this Act. If advisory council established under section 105 (1) RESPONSE ACTIONS.—Nothing in this title Rosboro does offer the land described in sub- with respect to matters relating to management shall limit the authority of the Secretary or a re- section (b) within such two-year period, the Sec- of the Scenic Recreation Area. sponsible party to conduct an environmental re- retary shall within 180 days convey the land de- (2) PUBLIC PARTICIPATION.—The Secretary sponse action in the Scenic Recreation Area in scribed in subsection (c) to Rosboro. shall seek the views of private groups, individ- connection with the release, threatened release, (f) AUTHORIZATION OF APPROPRIATIONS.— uals, and the public concerning the Scenic or cleanup of a hazardous substance, pollutant, There are authorized to be appropriated such Recreation Area. or contaminant, including a response action sums as are necessary to carry out this section. (3) OTHER AGENCIES.—The Secretary shall conducted under the Comprehensive Environ- SEC. 108. DESIGNATION OF ELKHORN CREEK AS A seek the views and assistance of, and cooperate mental Response, Compensation, and Liability WILD AND SCENIC RIVER. with, any other Federal, State, or local agency Act of 1980 (42 U.S.C. 9601 et seq.). Section 3(a) of the Wild and Scenic Rivers Act with any responsibility for the zoning, plan- (2) LIABILITY.—Nothing in this title shall limit (16 U.S.C. 1274(a)) is amended by adding at the ning, or natural resources of the Scenic Recre- the authority of the Secretary or a responsible end the following: ation Area. party to recover costs related to the release, ‘‘( )(A) ELKHORN CREEK.—Elkhorn Creek (4) NONPROFIT AGENCIES AND ORGANIZA- threatened release, or cleanup of any hazardous from its source to its confluence on Federal land TIONS.—The Secretary shall seek the views of substance or pollutant or contaminant in the to be administered by agencies of the Depart- any nonprofit agency or organization that may Scenic Recreation Area. ments of the Interior and Agriculture as agreed

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00196 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9651 on by the Secretary of the Interior and the Sec- ing Group, established before the date of enact- consistent with other basin-wide fish and wild- retary of Agriculture or as directed by the Presi- ment of this Act, consisting of members nomi- life restoration and conservation plans, includ- dent. Notwithstanding subsection 3(b), the lat- nated by their represented groups, including: ing but not limited to plans developed by the eral boundaries of the Elkhorn River shall in- (A) 3 tribal members; Task Force and the Compact Commission. clude an average of not more than 640 acres per (B) 1 representative of the city of Klamath (2) To the greatest extent practicable, the mile measured from the ordinary high water Falls, Oregon; Working Group shall provide notice to, and ac- mark on both sides of the river. (C) 1 representative of Klamath County, Or- cept input from, two members each of the Task ‘‘(B) The 6.4-mile segment traversing federally egon; Force and the Compact Commission, so ap- administered lands from that point along the (D) 1 representative of institutions of higher pointed by those entities, for the express purpose Willamette National Forest boundary on the education in the Upper Klamath Basin; of facilitating better communication and coordi- common section line between sections 12 and 13, (E) 4 representatives of the environmental nation regarding additional basin-wide fish and township 9 south, range 4 east, Willamette Me- community, including at least one such rep- wildlife and ecosystem restoration and planning ridian, to that point where it leaves Federal resentative from the State of California with in- efforts. ownership along the Bureau of Land Manage- terests in the Upper Klamath Basin Wildlife (d) PUBLIC MEETINGS.—The Working Group ment boundary in section 1, township 9 south, Refuges; shall conduct all meetings consistent with Fed- range 3 east, Willamette Meridian, in the fol- (F) 4 representatives of local businesses and eral open meeting and public participation laws. lowing classes: industries, including at least one representative The chartering requirements of 5 U.S.C. App 2 ‘‘(i) a 5.8-mile wild river area, extended from of the ocean commercial fishing industry and/or §§ 1–15 are hereby deemed to have been met by that point along the Willamette National Forest recreational fishing industry based in either Or- this section; boundary on the common section line between egon or California; (e) TERMS AND VACANCIES.—Working Group sections 12 and 13, township 9 south, range 4 (G) 4 representatives of the ranching and members shall serve for three year terms, begin- east, Willamette Meridian, to be administered as farming community, including representatives of ning on the date of enactment of this Act. Va- agreed on by the Secretaries of Agriculture and Federal lease-land farmers and ranchers and of cancies which occur for any reason after the the Interior, or as directed by the President; and private land farmers and ranchers in the Upper date of enactment of this Act shall be filled by ‘‘(ii) a 0.6-mile scenic river area, extending Klamath Basin; direct appointment of the Governor of the State from the confluence with Buck Creek in section (H) 2 representatives from State of Oregon of Oregon, in consultation with the Secretary of 1, township 9 south, range 3 east, Willamette agencies with authority and responsibility in Interior and the Secretary of Agriculture, in ac- Meridian, to that point where it leaves Federal the Klamath River Basin, including one from cordance with nominations from the appropriate ownership along the Bureau of Land Manage- the Oregon Department of Fish and Wildlife groups, interests, and government agencies out- ment boundary in section 1, township 9 south, and one from the Oregon Water Resources De- lined in section (a)(2). range 3 east, Willamette Meridian, to be admin- partment; (f) AUTHORIZATION OF APPROPRIATIONS.— istered by the Secretary of the Interior, or as di- (I) 4 representatives from the local community; There are authorized to be appropriated to carry rected by the President. and out this section $1,000,000 for each of fiscal ‘‘(C) Notwithstanding section 3(b) of this Act, (J) 1 representative each from the following years 1997 through 2002. Federal resource management agencies in the the lateral boundaries of both the wild river TITLE III—DESCHUTES BASIN area and the scenic river area along Elkhorn Upper Klamath Basin: Fish and Wildlife Serv- Creek shall include an average of not more than ice, Bureau of Reclamation, Bureau of Land SEC. 301. DESCHUTES BASIN ECOSYSTEM RES- TORATION PROJECTS. 640 acres per mile measured from the ordinary Management, Bureau of Indian Affairs, Forest (a) DEFINITIONS.—In this section: high water mark on both sides of the river.’’. Service, Natural Resources Conservation Serv- (1) WORKING GROUP.—The term ‘‘Working SEC. 109. ECONOMIC DEVELOPMENT. ice, and Ecosystem Restoration Office. (3) SECRETARY.—The term ‘‘Secretary’’ means Group’’ means the Deschutes River Basin Work- (a) ECONOMIC DEVELOPMENT PLAN.—As a con- ing Group established before the date of enact- dition for receiving funding under subsection (b) the Secretary of the Interior. (4) TASK FORCE.—The term ‘‘Task Force’’ ment of this Act, consisting of members nomi- of this section, the State of Oregon, in consulta- means the Klamath River Basin Fisheries Task nated by their represented groups, including: tion with the counties and the Secretary of Ag- Force as established by the Klamath River (A) 5 representatives of private interests in- riculture, shall develop a plan for economic de- Basin Fishery Resource Restoration Act (Public cluding one each from hydroelectric production, velopment projects for which grants under this Law 99–552, 16 U.S.C. 460ss–3, et seq.). livestock grazing, timber, land development, and section may be used in a manner consistent with (5) COMPACT COMMISSION.—The term ‘‘Com- recreation/tourism; this Act and to benefit local communities in the pact Commission’’ means the Klamath River (B) 4 representatives of private interests in- vicinity of the Opal Creek Area. Such plan shall Basin Compact Commission created pursuant to cluding two each from irrigated agriculture and be based on a formal economic opportunity the Klamath River Compact Act of 1954. the environmental community; study and other appropriate information. (6) CONSENSUS.—The term ‘‘consensus’’ means (C) 2 representatives from the Confederated (b) FUNDS PROVIDED TO THE STATES FOR a unanimous agreement by the Working Group Tribes of the Warm Springs Reservation of Or- GRANTS.—Upon certification of the management members present at a regularly scheduled busi- egon; plan, and receipt of a plan referred to in sub- ness meeting. (D) 2 representatives from Federal Agencies section (a) of this section, the Secretary shall (b) IN GENERAL.— with authority and responsibility in the provide $15,000,000, subject to appropriations, to (1) The working Group through the Ecosystem Deschutes River Basin, including one from the the State of Oregon which shall be used to make Restoration Office, with technical assistance Interior Department and one from the Agri- grants and loans for economic development from the Secretary, will propose ecological res- culture Department; projects that further the purposes of this Act toration projects, economic development and (E) 2 representatives from the State of Oregon and benefit the local communities in the vicinity stability projects, and projects designed to re- agencies with authority and responsibility in of the Opal Creek Area. duce the impacts of drought conditions to be un- the Deschutes River Basin, including one from (c) REPORT.—The State of Oregon shall— dertaken in the Upper Klamath Basin based on the Oregon Department of Fish and Wildlife (1) prepare and provide the Secretary and a consensus of the Working Group membership. and one from the Oregon Water Resources De- Congress with an annual report to the Secretary (2) The Secretary shall pay, to the greatest ex- partment; and and Congress on the use of the funds made tent feasible, up to 50 percent of the cost of per- (F) 4 representatives from Deschutes River available under this section; forming any project approved by the Secretary Basin county and/or city governments, which (2) make available to the Secretary and to or his designee, up to a total amount of may include representatives from Deschutes, Congress, upon request, all accounts, financial $1,000,000 during each of fiscal years 1997 Crook, Jefferson, and Wasco/Sherman counties. records, and other information related to grants through 2001. (2) SECRETARY.—The term ‘‘Secretary’’ means and loans made available pursuant to this sec- (3) Funds made available under this title the Secretary of the Interior. tion; and through the Department of the Interior or the (3) FEDERAL AGENCIES.—The term ‘‘Federal (3) as loans are repaid, make additional Department of Agriculture shall be distributed Agencies’’ means agencies and departments of grants and loans with the money made available through the Ecosystem Restoration Office. the United States, including, but not limited to, for obligation by such repayments. (4) The Ecosystem Restoration Office may uti- the Bureau of Reclamation, Bureau of Indian TITLE II—UPPER KLAMATH BASIN lize not more than 15 percent of all Federal Affairs, Bureau of Land Management, Fish and SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL funds administered under this section for ad- Wildlife Service, Forest Service, Natural Re- RESTORATION PROJECTS. ministrative costs relating to the implementation sources Conservation Service, Farm Services (a) DEFINITIONS.—In this section: of this title. Agency, the National Marine Fisheries Service, (1) ECOSYSTEM RESTORATION OFFICE.—The (5) All funding recommendations developed by and the Bonneville Power Administration. term ‘‘Ecosystem Restoration Office’’ means the the Working Group shall be based on a con- (4) CONSENSUS.—The term ‘‘consensus’’ means Klamath Basin Ecosystem Restoration Office sensus of Working Group members. a unanimous agreement by the Working Group operated cooperatively by the United States Fish (c) COORDINATION.— members present at a regularly scheduled busi- and Wildlife Service, Bureau of Reclamation, (1) The Secretary shall formulate a coopera- ness meeting. Bureau of Land Management, and Forest Serv- tive agreement between the Working Group, the (b) IN GENERAL.— ice. Task Force, and the Compact Commission for (1) The Working Group will propose ecological (2) WORKING GROUP.—The term ‘‘Working the purposes of ensuring that projects proposed restoration projects on both Federal and non- Group’’ means the Upper Klamath Basin Work- and funded through the Working Group are federal lands and waters to be undertaken in

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the Deschutes River Basin based on a consensus to in this section as ‘‘Longview’’) offers and (5) T. 3 S., R. 5 E., sec. 1—NE1⁄4SW1⁄4, SE1⁄4, of the Working Group, provided that such conveys title that is acceptable to the United containing 200 record acres, more or less; projects, when involving Federal land or funds, States to some or all of the land described in (6) T. 3 S., R. 5 E., sec. 9—S1⁄2SE1⁄4, containing shall be proposed to the Bureau of Reclamation subsection (b), the Secretary of the Interior (re- 80 record acres, more or less; in the Department of the Interior and any other ferred to in this section as the ‘‘Secretary’’) (7) T. 3 S., R. 5 E., sec. 17—N1⁄2NE1⁄4, con- Federal agency with affected land or funds. shall convey to Longview title to some or all of taining 80 record acres, more or less; (2) The Working Group will accept donations, the land described in subsection (c), as nec- (8) T. 3 S., R. 5 E., sec. 23—W1⁄2NW1⁄4, grants or other funds and place the amount of essary to satisfy the requirements of subsection NW1⁄4SW1⁄4, containing 120 record acres, more or such funds received into a trust fund, to be ex- (d). less; pended on the performance of ecological restora- (b) LAND TO BE OFFERED BY LONGVIEW.—The (9) T. 3 S., R. 5 E., sec. 25—The portion of the tion projects which, when involving federal land land referred to in subsection (a) as the land to S1⁄2S1⁄2, SW1⁄4NW1⁄4 lying southwesterly of South or funds, are approved by the affected Federal be offered by Longview is the land described as Fork Eagle Creek, containing 125 record acres, Agency. follows: more or less; (3) The Bureau of Reclamation shall pay, to (1) T. 2 S., R. 6 E., sec. 13—E1⁄2SW1⁄4, (10) T. 3 S., R. 5 E., sec. 31—Unnumbered lot the greatest extent feasible, from funds author- W1⁄2SE1⁄4, containing 160 record acres, more or (SW1⁄4SW1⁄4), containing 40.33 record acres, more ized under subsection (g) of this Act up to 50 less; or less; percent of the cost of performing any project (2) T. 2 S., R. 6 E., sec. 14—All, containing 640 (11) T. 7 S., R. 1 E., sec. 23—SE1⁄4SE1⁄4, con- proposed by the Working Group and approved record acres, more or less; taining 40 record acres, more or less; 1 1 by the Secretary, up to a total amount of (3) T. 2 S., R. 6 E., sec. 16—N ⁄2, SW ⁄4, (12) T. 10 S., R. 2 E., sec. 34—SW1⁄4SW1⁄4, con- $1,000,000 during each of the fiscal years 1997 N1⁄2SE1⁄4, SW1⁄4SE1⁄4, containing 600 record acres, taining 40 record acres, more or less; through 2001. more or less; (13) T. 10 S., R. 4 E., sec. 9—NW1⁄4NW1⁄4, con- 1 1 1 (4) Non-Federal contributions to project costs (4) T. 2 S., R. 6 E., sec. 26—NW ⁄4, N ⁄2SW ⁄4, taining 40 record acres, more or less; 1 1 1 1 for purposes of computing the Federal matching SW ⁄4SW ⁄4, NW ⁄4SE ⁄4; (and a strip of land to be (14) T. 4 N., R. 3 W., sec. 35—W1⁄2SW1⁄4, con- share under paragraph (3) of this subsection used for right-of-way purposes in sec. 23), con- taining 80 record acres, more or less; may include in-kind contributions. taining 320 record acres, more or less; (15) T. 3 N., R. 3 W., sec. 7—E1⁄2NE1⁄4, con- 1 1 1 (5) Funds authorized in subsection (g) of this (5) T. 2 S., R. 6 E., sec. 27—S ⁄2NE ⁄4NE ⁄4, taining 80 record acres, more or less; 1 1 1 1 1 1 section shall be maintained in and distributed NW ⁄4NE ⁄4, SE ⁄4NE ⁄4, NW ⁄4NW ⁄4, containing (16) T. 3 N., R. 3 W., sec. 9—SE1⁄4NW1⁄4, con- by the Bureau of Reclamation in the Depart- 140 record acres, more or less; taining 40 record acres, more or less; (6) T. 2 S., R. 6 E., sec. 28—N1⁄2, Except a tract 1 1 ment of the Interior. The Bureau of Reclama- (17) T. 3 N., R. 3 W., sec. 17—S ⁄2NE ⁄4, con- of land 100 feet square bordering and lying west tion shall not expend more than 5 percent of taining 80 record acres, more or less; of Wild Cat Creek and bordering on the north 1 1 amounts appropriated pursuant to subsection (18) T. 3 N., R. 2 W., sec. 3—SW ⁄4NW ⁄4, con- line of sec. 28, described as follows: Beginning at (g) for Federal administration of such appro- taining 40 record acres, more or less; a point on the west bank of Wild Cat Creek and 1 1 priations pursuant to this Act. (19) T. 2 N., R. 2 W., sec. 3—SE ⁄4SE ⁄4, con- (6) The Bureau of Reclamation is authorized the north boundary of sec. 28, running thence taining 40 record acres, more or less; and 1 1 to provide by grant to the Working Group not W. 100 feet, thence S. 100 feet parallel with the (20) T. 1 S., R. 4 W., sec. 15—SW ⁄4NE ⁄4, 1 1 more than 5 percent of funds appropriated pur- wet bank of Wild Cat Creek, thence E. to the S ⁄2NW ⁄4, containing 120 record acres, more or suant to subsection (g) of this section for not west bank of Wild Cat Creek, thence N. along less. more than 50 percent of administrative costs re- said bank of Wild Cat Creek to the point of be- (d) EQUAL VALUE.—The land and interests in lating to the implementation of this title; and ginning, also excepting that portion of the land exchanged under this section— 1 1 (7) The Federal Agencies with authority and NW ⁄4NW ⁄4 lying east of Wildcat Creek, con- (1) shall be of equal market value; or responsibility in the Deschutes River Basin shall taining 319.77 record acres, more or less; (2) shall be equalized using nationally recog- (7) T. 2 S., R. 7 E., sec. 19—E1⁄2SW1⁄4, provide technical assistance to the Working nized appraisal standards, including, to the ex- SW1⁄4SE1⁄4, Except a tract of land described in Group and shall designate representatives to tent appropriate, the Uniform Standards for deed recorded on August 6, 1991, as Recorder’s serve as members of the Working Group. Federal Land Acquisition, the Uniform Stand- Fee No. 91–39007, and except the portion lying (8) All funding recommendations developed by ards of Professional Appraisal Practice, the pro- within public roads, containing 117.50 record the Working Group shall be based on a con- visions of section 206(d) of the Federal Land acres, more or less; sensus of the Working Group members. Policy and Management Act of 1976 (43 U.S.C. (8) T. 2 S., R. 7 E., sec. 20—S1⁄2SW1⁄4SW1⁄4, (c) PUBLIC NOTICE AND PARTICIPATION.—The 1716(d)), and other applicable law. containing 20 record acres, more or less; Working Group shall give reasonable public no- (e) REDESIGNATION OF LAND TO MAINTAIN (9) T. 2 S., R. 7 E., sec. 27—W1⁄2SW1⁄4, con- REVENUE FLOW.—So as to maintain the current tice of all meetings of the Working Group and taining 80 record acres, more or less; allow public attendance at the meetings. The ac- flow of revenue from land subject to the Act en- (10) T. 2 S., R. 7 E., sec. 28—S1⁄2, containing tivities of the Working Group and the Federal titled ‘‘An Act relating to the revested Oregon 320 record acres, more or less; and California Railroad and reconveyed Coos Agencies pursuant to the provisions of this Act 1 1 (11) T. 2 S., R. 7 E., sec. 29—SW ⁄4NE ⁄4, Bay Wagon Road grant land situated in the are exempt from the provisions of 5 U.S.C. App W1⁄2SE1⁄4NE1⁄4, NW1⁄4, SE1⁄4, containing 380 2 §§ 1–15. State of Oregon’’, approved August 28, 1937 (43 record acres, more or less; U.S.C. 1181a et seq.), the Secretary may redesig- (d) PRIORITIES.—The Working Group shall 1 1 (12) T. 2 S., R. 7 E., sec. 30—E ⁄2NE ⁄4, nate public domain land located in and west of give priority to voluntary market-based eco- NW1⁄4NE1⁄4, Except the portion lying within Tim- nomic incentives for ecosystem restoration in- range 9 east, Willamette Meridian, Oregon, as berline Rim Division 4, and except the portion land subject to that Act. cluding, but not limited to, water leases and lying within the county road, containing 115 purchases; land leases and purchases; tradable (f) TIMETABLE.—The exchange directed by record acres, more or less; this section shall be consummated not later than discharge permits; and acquisition of timber, (13) T. 2 S., R. 7 E., sec. 33—N1⁄2NE1⁄4, 1 year after the date of enactment of this Act. grazing, and land development rights to imple- E1⁄2NW1⁄4NW1⁄4, NE1⁄4SW1⁄4NW1⁄4, containing 110 ment plans, programs, measures, and projects. (g) WITHDRAWAL OF LANDS.—All lands man- record acres, more or less; aged by the Department of the Interior, Bureau (e) TERMS AND VACANCIES.—Members of the (14) T. 3 S., R. 5 E., sec. 13—NE1⁄4SE1⁄4, con- of Land Management, located in townships 2 Working Group representing governmental taining 40 record acres, more or less; agencies or entities shall be named by the rep- (15) T. 3 S., R. 5 E., sec. 26—The portion of and 3 south, ranges 6 and 7 east, Willamette Meridian, which can be seen from the right of resented government. Members of the Working the E1⁄2NE1⁄4 lying southerly of Eagle Creek and Group representing private interests shall be northeasterly of South Fork Eagle Creek, con- way of Oregon State Highway 26 (referred to in named in accordance with the Articles of Incor- taining 14 record acres, more or less; this section as the ‘‘Mt. Hood Corridor’’), shall poration and Bylaws of the Working Group. (16) T. 3 S., R. 5 E., sec. 25—The portion of be managed primarily for the protection of im- portant scenic values. Management prescrip- Representatives from Federal Agencies will serve the N1⁄2SW1⁄4 lying northeasterly of South Fork for terms of 3 years. Vacancies which occur for Eagle Creek, containing 36 record acres, more or tions for other resource values associated with any reason after the date of enactment shall be less; and these lands shall be planned and conducted for 1 purposes other than timber harvest, so as not to filled in accordance with this section. (17) T. 6 S., R. 2 E., sec. 4—SW ⁄4, containing (f) ADDITIONAL PROJECTS.—Where existing 160.00 record acres, more or less. impair scenic quality. authority and appropriations permit, Federal (c) LAND TO BE CONVEYED BY THE SEC- (h) TIMBER HARVEST.—Timber harvest may be Agencies may contribute to the implementation RETARY.—The land referred to in subsection (a) conducted in the Mt. Hood Corridor after the of projects recommended by the Working Group as the land to be conveyed by the Secretary is occurrence of a resource-damaging catastrophic and approved by the Secretary. the land described as follows: event. Such harvest, and any additional timber 1 1 (g) AUTHORIZATION OF APPROPRIATIONS.— (1) T. 1 S., R. 5 E., sec. 9—SE ⁄4NE ⁄4, harvest, may only be conducted to achieve the There are authorized to be appropriated to carry SE1⁄4SE1⁄4, containing 80 record acres, more or following resource management objectives, in out this sections $1,000,000 for each of fiscal less; compliance with the current land use plans— years 1997 through 2001. (2) T. 2 S., R. 5 E., sec. 33—NE1⁄4NE1⁄4, con- (1) to maintain safe conditions for the visiting taining 40 record acres, more or less. public; TITLE IV—MOUNT HOOD CORRIDOR (3) T. 21⁄2 S., R. 6 E., sec. 31—Lots 1–4, incl. (2) to control the continued spread of forest SEC. 401. LAND EXCHANGE. containing 50.65 record acres, more or less; fire; (a) AUTHORIZATION.—Notwithstanding any (4) T. 21⁄2 S., R. 6 E., sec. 32—Lots 1–4, incl. (3) for activities related to administration of other law, if Longview Fibre Company (referred containing 60.25 record acres, more or less; the Mt. Hood corridor; or

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00198 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9653 (4) for removal of hazard trees along trails agreement with the Coquille Indian Tribe. Such the cutting of trees in the area described in sub- and roadways. agreement shall provide for the Tribe to carry paragraph (1). (i) ROAD CLOSURE.—The forest road gate lo- out all or a portion of the forest management ‘‘(B) PERMITTED CUTTING.—Subject to sub- cated on Forest Service Road 2503, located in T. program for the Coquille Forest. Prior to enter- paragraph (B), the Secretary may allow the cut- 2 S., R. 6 E., sec. 14, shall remain gated and ing such an agreement, and as a condition of ting of trees in the area described in subpara- locked to protect resources and prevent illegal maintaining such an agreement, the Secretary graph (1)— dumping and vandalism in the Mt. Hood Cor- must find that the Coquille Tribe has entered ‘‘(i) for the protection or enhancement of ridor. Access to this road shall be limited to— into a Memorandum of Agreement (MOA) with water quality in the area described in subpara- (1) Federal and State officers and employees the State of Oregon, as required under sub- graph (1); or acting in an official capacity; section (8) this title. ‘‘(ii) for the protection, enhancement, or (2) employees and contractors conducting au- ‘‘(6) The Land designated under this title maintenance of water quantity available from thorized activities associated with the tele- shall be subject to valid existing rights, includ- the area described in subparagraph (1); or communication sites located in T. 2 S., R. 6 E., ing all valid liens, rights-of-way, licenses, ‘‘(iii) for the construction, expansion, protec- sec. 14; and leases, permits, and easements existing on date tion or maintenance of municipal water supply (3) the general public for recreational pur- of the enactment of this title. These lands will facilities; or poses, except that all motorized vehicles will be remain open to public access for purposes of ‘‘(iv) for the construction, expansion, protec- prohibited. hunting, fishing, recreation and transportation, tion or maintenance of facilities for the trans- (j) NEPA EXEMPTION.—Notwithstanding any except when closure is required by state or Fed- mission of energy through and over the unit or other provision of law, the National Environ- eral law. previously authorized hydroelectric facilities or mental Policy Act of 1969 (Public Law 91–190) ‘‘(7) Unprocessed logs harvested from the hydroelectric projects associated with municipal shall not apply to this section. Coquille Forest shall be subject to the same Fed- water supply facilities. (k) AUTHORIZATION OF APPROPRIATIONS.— eral statutory restrictions on export to foreign ‘‘(C) SALVAGE SALES.—The Secretary of Agri- There are authorized to be appropriated such Nations that apply to unprocessed logs har- culture may not authorize a salvage sale in the sums as are necessary to carry out this section. vested from federal lands. area described in subparagraph (1).’’. SEC. 603. Section 2(b) of Public Law 95–200 is TITLE V—COQUILLE TRIBAL FOREST ‘‘(8) All sales of timber from land subject to this title shall be advertised, offered and award- amended by inserting in the first line after (a) SEC. 501. CREATION OF THE COQUILLE FOREST. ed in accordance with the public bidding and ‘‘and (b)’’. (a) The Coquille Restoration Act (Public Law contracting laws and procedures applicable to SEC. 604. Section 2(b) of Public Law 95–200 is 101–42) is amended by inserting at the end of the Bureau of Land Management. redesignated as ‘‘2(c)’’. section 5 the following: ‘‘(9) The Coquille Tribe shall enter into a SEC. 605. Redesignate the following sub- ‘‘(d) CREATION OF THE COQUILLE FOREST.— Memorandum of Agreement (MOA) with the sections accordingly. ‘‘(1) Within 90 days of the enactment of this State of Oregon relating to the establishment TITLE VII—OREGON ISLANDS title, the Secretary of Interior is authorized to and management of the Coquille Forest. The WILDERNESS, ADDITIONS and shall, in accordance with this title and in MOA shall include, but not be limited to, the consultation with the Coquille Tribe of Coos SEC. 701. OREGON ISLANDS WILDERNESS, ADDI- terms and conditions for preserving public ac- TIONS. County, Oregon, designate approximately five cess, continuing public rights, advancing joint- thousand acres of forest lands in Coos County, (a) In furtherance of the purposes of the Wil- ly-held resource management goals, achieving derness Act of 1964, certain lands within the Oregon, to which the United States holds title, Tribal restoration objectives and establishing a located in the historic territory of the Coquille boundaries of the Oregon Islands National coordinated management framework. Further, Wildlife Refuge, Oregon, comprising approxi- Indian people, as the Coquille Forest. provisions set forth in the MOA shall be con- ‘‘(2) A map showing the Federal portions of mately ninety-five acres and as generally de- sistent with Federal trust responsibility require- picted on a map entitled ‘‘Oregon Island Wilder- these sections designated as the Coquille Forest, ments applicable to Indian trust lands. The and such additional legal descriptions which are ness Additions—Proposed’’ dated June, 1996, are United States District Court for the District of hereby designated as wilderness. The map shall applicable, shall within 180 days of the date of Oregon shall have jurisdiction over actions aris- enactment of this title, be prepared by the Sec- be on file and available for public inspection in ing out of claims of breach of the MOA. the offices of the Fish and Wildlife Service, De- retary in consultation with the Tribe and placed ‘‘(10) So as to maintain the current flow of partment of the Interior. on file at the local District Office of the Bureau revenue from land subject to the Act entitled of Land Management, the Agency Office of the (b) All other federally-owned named, ‘‘An Act relating to the revested Oregon and unnamed, surveyed and unsurveyed rocks, Bureau of Indian Affairs, and with the Senate California Railroad and reconveyed Coos Bay Committee on Energy and Natural Resources reefs, islets and islands lying within three geo- Wagon Road grant land situated in the State of graphic miles off the coast of Oregon and above and the House Committee on Resources. Oregon’’, approved August 28, 1937 (43 U.S.C. ‘‘(3) Two years from the date of enactment of mean high tide, not currently designated as wil- 1181a et seq.), the Secretary shall redesignate derness and also within the Oregon Islands Na- this subsection, the Secretary shall transfer public domain land located in the Coquille lands designated under subsection (d)(1), to the tional Wildlife Refuge boundaries under the ad- Tribe’s service area, as defined in the Coquille ministration of the United States Fish and Wild- Bureau of Indian Affairs, to be held in trust, in Tribal Restoration Act of 1989 (Public Law 101– perpetuity, for the Coquille Tribe. As Indian life Service, Department of the Interior, as des- 42), as land subject to that Act. In no event ignated by Executive Order 7035, Proclamation trust forest lands, the Secretary of Interior, act- shall payments due to Coos County, Oregon, ing through the Assistant Secretary for Indian 2416, Public Land Orders 4395, 4475 and 6287, under that Act be diminished as a result of the and Public Laws 91–504 and 95–450, are hereby Affairs shall manage these lands under applica- land designations required pursuant to this ble forestry laws and in a manner consistent designated as wilderness. title. (c) As soon as practicable after this title takes with the standards and guidelines of Federal ‘‘(11) Within two years of the date of enact- effect, a map of the wilderness area and a de- forest plans on adjacent lands. The Secretary ment of this subsection, the Secretary shall com- scription of its boundaries shall be filed with the and the Tribe may authorize management of the plete a formal scientific peer review of the man- Senate Committee on Energy and Natural Re- Coquille Forest consistent with the Coquille For- agement strategy developed by the Independent sources and the House Committee on Resources, est management strategy developed by the Inde- Scientific Advisory Team and set forth in the re- and such map shall have the same force and ef- pendent Scientific Advisory Team and set forth port entitled, ‘‘A Forest Management Strategy fect as if included in this title; provided, how- in the report entitled, ‘‘A Forest Management for the Proposed Coquille Forest’’ dated August ever, that correcting clerical and typographical Strategy for the Proposed Coquille Forest’’ 31, 1995 and including the December 20, 1995 Ad- errors in the map and land descriptions may be dated August 31, 1995 and including the Decem- dendum.’’. ber 20, 1995 Addendum. made. TITLE VI—BULL RUN WATERSHED (d) Public Land Order 6287 of June 16, 1982, ‘‘(4) From the date of enactment of this title PROTECTION until two years after the date of enactment of which withdrew certain rocks, reefs, inslets and SEC. 601. Section 2(a) of Public Law 95–200 is islands lying within three geographical miles off this title, the Bureau of Land Management amended on line 7 by striking ‘‘2(b)’’ and insert- shall: the coast of Oregon and above mean high tide, ing in lieu thereof ‘‘2(c)’’. including the ninety-five acres described in (a), ‘‘(A) retain Federal jurisdiction for the man- SEC. 602. Public Law 95–200 is amended by agement of lands designated under this title as as an addition to the Oregon Islands National adding a new subsection 2(b) immediately after Wildlife Refuge is hereby made permanent. the Coquille Forest; and subsection 2(a), as follows: TITLE VIII—UMPQUA RIVER LAND ‘‘(B) prior to advertising, offering or awarding ‘‘(b) TIMBER CUTTING.— any timber sale contract on lands designated ‘‘(1) IN GENERAL.—Subject to paragraph (2), EXCHANGE STUDY under this title as the Coquille Forest, obtain the Secretary of Agriculture shall prohibit the SEC. 801. UMPQUA RIVER LAND EXCHANGE the approval the Bureau of Indian Affairs, cutting of trees in that part of the unit con- STUDY: POLICY AND DIRECTION. which shall act on behalf of and in consultation sisting of the hydrographic boundary of the (a) IN GENERAL.—The Secretaries of the Inte- with the Coquille Tribe. Bull Run River Drainage and as depicted in a rior and Agriculture are hereby authorized and ‘‘(5) After completion of the transfer to the map dated June 1996 and entitled ‘‘Bull Run directed to consult, coordinate and cooperate Bureau of Indian Affairs, required in this sub- River Drainage’’. with the Umpqua Land Exchange Project section, the Secretary may, pursuant to the In- ‘‘(2) PERMITTED CUTTING.— (ULEP), affected units and agencies of state dian Self-Determination Act (25 U.S.C. 450 et ‘‘(A) IN GENERAL.—Subject to subparagraph and local government, and, as appropriate, the seq.), enter into an Indian self-determination (B), the Secretary of Agriculture shall prohibit World Forestry Center and National Fish and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00199 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9654 CONGRESSIONAL RECORD — SENATE August 2, 1996 Wildlife Foundation, to assist ULEP’s ongoing The PRESIDING OFFICER. The commercial timber harvests will ever efforts in studying and analyzing land ex- clerk will report. occur again in the drainage. Similarly, change opportunities in the Umpqua River basin The legislative clerk read as follows: environmentalists have indicated to and to provide scientific, technical, research, The Senator from Oregon [Mr. HATFIELD] me that they believe there is no danger mapping and other assistance and information proposes an amendment numbered 5150. to such entities. Such consultation, coordination of harvests in the drainage in the fore- and cooperation shall at a minimum include, Mr. HATFIELD. Mr. President, I ask seeable future. but not be limited to: unanimous consent that further read- Surely this is an area fertile for (1) Working with ULEP to develop or assemble ing of the amendment be dispensed agreement. It is time to show the pub- comprehensive scientific and other information with. lic some small sign of reconciliation in (including comprehensive and integrated map- The PRESIDING OFFICER. Without this continuing feud over our natural ping) concerning the Umpqua River basin’s re- objection, it is so ordered. resources. It was my hope that the sources of forest, plants, wildlife, fisheries (The text of the amendment is print- Opal Creek Working Group, which met (anadromous and other), recreational opportu- ed in today’s RECORD under ‘‘Amend- over a period of 6 months with the as- nities, wetlands, riparian habitat and other sistance of a professional mediator, physical or natural resources. ments Submitted.’’) (2) Working with ULEP to identify general or Mr. HATFIELD. Mr. President, as my would provide the agreement Orego- specific areas within the basin where land ex- colleagues know, at the end of this nians of all persuasions desire so much. changes could promote consolidation of year, I will leave the Senate and return While the working group failed to timberland ownership for long-term, sustained to the inviting shores of Oregon. Or- reach a comprehensive agreement, timber production; protection and improvement egon is the State of my birth and the areas of common interest and shared of habitat for plants, fish and wildlife (includ- State that I have labored to represent values were uncovered, and the group’s ing any federally listed threatened or endan- for over four decades. It has never been deliberations assisted me greatly in de- gered species); recovery of threatened and en- veloping this legislation. dangered species; protection and improvement of a mystery to me why so many have been drawn to my State. The rich pio- This issue has lingered unresolved for wetlands, riparian lands and other environ- far too long, and with this legislation, mentally sensitive areas; consolidation of land neer spirit of Oregon’s citizenry is ownership for improved public access and a matched only by the blessings of the we have an opportunity to settle it, once and for all. broad array of recreational uses; and consolida- State’s bountiful natural treasures. The Opal Creek title of my legisla- tion of land ownership to achieve management I am pleased to speak today about tion addresses each and every one of efficiency and reduced costs of administration. legislation that will ensure that sev- (3) Developing a joint report for submission to the sub-watersheds in the Little North eral of Oregon’s most significant nat- the Congress which discusses land exchange op- Fork Santiam River drainage, either ural treasures will be protected for fu- portunities in the basin and outlines either a through a wilderness or a National Sce- ture generations. This legislation, the specific land exchange proposal or proposals nic Recreation Area designation. By which may merit consideration by the Secre- Oregon Resources Conservation Act, of doing this, I have attempted to protect taries or the Congress, or ideas and rec- which I am the proud sponsor, includes the outstanding resource values in ommendations for new authorizations, direction, eight titles addressing a host of nat- or changes in existing law or policy to expedite each of these sub-drainages, while at ural resource issues. Many of the issues the same time addressing the area and facilitate the consummation of beneficial within these titles have been the sub- land exchanges in the basin via administrative comprehensively as an intact eco- means. ject of great debate and lingered unre- system. SEC. 802. REPORT TO CONGRESS. solved for years. Significant portions of the Cedar (a) No later than February 1, 1998, ULEP and The heart of this proposal is title Creek sub-watershed have been in- the Secretaries of the Interior and Agriculture one, which creates a 25,800-acre Opal cluded, part in the Opal Creek Wilder- shall submit a joint report to the Committee on Creek Wilderness and National Scenic ness and part in the Scenic Recreation Resources of the United States House of Rep- Recreation Area. Opal Creek is one of Area. This protection includes approxi- resentatives and to the Committee on Energy the last remaining intact, low-ele- and Natural Resources of the United States Sen- mately three-quarters of the old vation old growth forest areas in West- growth in the sub-watershed. The five ate concerning their studies, findings, ideas, ern Oregon. The Opal Creek title of the recommendations, mapping and other activities sections that comprise the center of conducted pursuant to this Act. Oregon Resources Conservation Act the area include private interests. The (b) At a minimum, the report shall include: would create a 25,800-acre Opal Creek presence of these private interests has (1) A complete analysis and discussion of Wilderness and National Scenic-Recre- made this area one of the most dif- issues, options and alternatives considered with ation Area. Of the 25,800 acres, 12,800 ficult to resolve. Through the coopera- respect to the specific study items set forth in acres would be designated as new wil- tion of the Rosboro Lumber Co. and the Section 3(b) (1–7) of this Act and a discussion of derness to be managed under the Wil- the perceived advantages, disadvantages, and Forest Service, we have provided the obstacles to implementation of such options and derness Act of 1964, and 13,000 acres framework for a very directed land ex- alternatives. would be managed as a national scenic- change. This exchange will allow this (2) Recommendations and mapping for specific recreation area. full section, approximately 640 acres, land exchanges, or the identifications and map- A great public debate has surrounded to be included in the Scenic Recreation ping of general areas where exchanges should the Opal Creek issue for decades. It is Area. In exchange, Rosboro will receive be considered. my firm hope that this is a debate we sufficient parcels to accomplish an (3) Recommendations, if any, for any changes are about to resolve. Opal Creek is a equal value exchange. The prioritized in law or policy that would authorize, expedite, very special place, and I have always or facilitate specific land exchanges or facilitate list of parcels provided in the S. 1662 general land exchange procedures. believed the area merits permanent represent parcels which border, many (4) Recommendations, if any, for special pro- protection. on three sides, land already owned by visions of law or policy that might be applied to I sought to include protection for the Rosboro. specific areas of private or Federal lands after area in my 1984 Oregon wilderness bill, One important part of this protection consolidations of lands are completed through and again in my 1988 wild and scenic is the designation of Elkhorn Creek as land exchanges. rivers bill. Both times I was forced to Oregon’s newest wild and scenic river. (5) Recommendations, if any, for new or en- remove the provision at the request of hanced sources of Federal, state or other fund- This designation will protect nearly ing to promote improved resource protection, re- Oregon’s Governor. Representative the full length of the Elkhorn as it covery and management in the basin. Mike Kopetski made a bold effort to moves from land managed by the For- SEC. 803. AUTHORIZATION OF APPROPRIATIONS. legislate protection in 1994, but time est Service to land managed by the Bu- In furtherance of the purposes of this title, ran out in the 103d Congress before reau of Land Management. The BLM there is hereby authorized to be appropriated final action could be taken in the Sen- manages approximately three sections the sum of $2 million. ate. through which the Elkhorn flows. It is AMENDMENT NO. 5150 Today, the entire 35,000 acre water- my intent that the full amount of Mr. HATFIELD. Mr. President, I un- shed that includes the Opal Creek sub- these three sections be included in the derstand that there is a substitute basin is protected from commercial wild and scenic designation. The lan- amendment at the desk offered by my- timber harvest under President Clin- guage in the bill has been written to self and I ask for its immediate consid- ton’s forest plan. Timber companies accomplish that result. The BLM por- eration. have indicated to me that they doubt tions are designated as ‘‘scenic’’, while

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00200 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9655 the Forest Service portions are des- move forward with deliberate speed to orities for how money is spent in the ignated as ‘‘wild’’. This distinction is clean up this anomaly in an area of basin on various ecological restoration provided for to allow the BLM to put in such profound beauty. and economic stabilization projects. a trail head and viewpoint for Throughout the coming fiscal year Senate bill 1662 addresses the group’s recreationalists to view this very spe- 1997 appropriations cycle, I will work long-term recommendation by creating cial area. closely with Oregon’s Governor, John a 5-year pilot project to allow the In addition to addressing the protec- Kitzhaber, and my colleague on the Upper Klamath Basin Working Group/ tion of the entire watershed, the Opal House Appropriations Committee from Foundation, in conjunction with the Creek title of this bill maintains recre- Oregon, JIM BUNN, to further refine Federal land management agencies in ation at existing levels and allows for this package and provide additional the basin, to develop funding priorities growth in uses where appropriate. The funding, as needed, for the Amal- for ecological restoration in the basin. bill also calls for historical, cultural, gamated Mill cleanup and for the crit- It will authorize $1 million per year to and ecological interpretation in the ical community infrastructure projects be spent consistent with these prior- newly created area to be conducted in designed to allow these former timber ities. This money will be administered a balanced and factually accurate man- communities to diversify their eco- by the agencies and matched by an ner. Motorized recreation will be pro- nomic bases and improve their water equal amount of non-Federal dollars. hibited except on the existing road sys- systems. Under title III of the bill, the tem and nonmotorized use will be per- In short, the Opal Creek title of this Deschutes Basin in central Oregon mitted throughout the area, except, of bill attempts to address every issue would also be allowed to develop a course, in the wilderness. The existing raised both in the 1994 hearings on Opal similar regime using, as its base, a road system will be analyzed and eval- Creek and in the working group process group formed by the Warm Springs uated through a management planning conducted out in Oregon. This is an Tribes, the Environmental Defense process, which will decide which roads issue I have worked on for almost 20 Fund, local irrigators, and locally to close and which to leave open. No years. I am extremely pleased that, elected officials. This group has been new water impoundments will be al- with this legislation and accompanying meeting and collaborating on projects lowed in this area. No new mining infrastructure development package, in the basin for several years. Recently, both of these working claims will be allowed to be filed under we will finally be able to address the groups have been able to make signifi- the 1872 Mining Law, and no existing protection of Opal Creek and the adja- cant progress in building coalitions and claims will be allowed to be patented. cent portions of the Little North Fork consensus on natural resource manage- In addition, the bill calls for the cre- Santiam Watershed, as well as im- ment challenges that, not too long ago, ation of an advisory council composed provements to the water quality and many felt were insurmountable. By of members of the local community, in- delivery systems of nearby, timber-de- giving them more authority to tempo- dustry, environmental groups, locally pendent communities. rarily assist Federal agencies with set- elected officials, the Forest Service Mr. President, the second and third ting policy priorities using a finite and an appointee by the Governor. Fi- titles of the Oregon Resources Con- amount of money, I hope we can begin nally, the bill will not allow commer- servation Act provide for the establish- to enter a new era of more local con- cial timber harvesting of any kind in ment of 5-year pilot projects for two, trol and greater public input regarding the Opal Creek area except to prevent consensus-based natural resource plan- resource management decisions. I also the spread of a forest fire or to protect ning bodies now working in Oregon’s hope these groups, and others that may public health and safety. It is impor- Klamath and Deschutes Basins. Both of follow, will continue to use the con- tant to note that the lands covered by these bodies are already in place and sensus-based management approach to my legislation are not included now in have been working to provide the Fed- return resource management decisions the timber base and are not currently eral agencies with recommendations to a collaborative, inclusive process open to commercial harvest. about how best to prioritize spending rather than the divisive, litigious mo- The final element of the Opal Creek for ecological restoration, economic rass in which we find ourselves today. package, Mr. President, was an impor- health and reducing drought impacts. The fourth title provides for a land tant part of the working group’s dis- I called for the creation of the Upper exchange in Oregon’s beautiful Mt. cussions. I am referring to an economic Klamath Basin Working Group in 1995. Hood corridor. The purpose of this title development package for the Santiam This group is citizen-led and includes is to protect the viewshed along the Canyon, which includes the commu- environmentalists, irrigators, local Highway 26 corridor on the way to Mt. nities immediately adjacent to the business leaders, locally elected offi- Hood, the highest mountain peak in Opal Creek area. This package is based, cials, educators, the Klamath Tribes, my State. The exchange between the primarily, on a set of infrastructure and Federal land management agencies Bureau of Land Management and the improvements developed by these com- in an advisory capacity. This group Longview Fibre timber company would munities in conjunction with the State was charged with developing both withdraw lands within the viewshed of Economic Development Office, which short- and long-term recommendations the Mt. Hood corridor from the timber are designed to improve the water for restoring ecological health in the base. Both parties are willing partici- quality and delivery systems of the Klamath Basin. They were successful pants in this process. communities in the area. It is also my in developing short-term funding rec- Longview Fibre owns approximately intention that the funding allowed here ommendations ranging from riparian 3,500 acres of timber land in the scenic would be available for cleanup and and wetland restoration, to fish pas- Mt. Hood corridor, which are inter- transportation costs related to the sage and the coordination of geological spersed with BLM lands in a checker- Amalgamated Mill site in the Opal information systems in the basin. I fol- board fashion. Longview would like to Creek area on Battle Ax Creek. lowed through on these recommenda- harvest these lands within the next 5 I have made the first down payment tions and was able to obtain either years, but is sensitive about the public on this economic commitment package funding or direction to the pertinent perception regarding these clearcuts by including a $300,000 appropriation in agencies in the fiscal year 1996 appro- along such a heavily traveled route. I the fiscal year 1996 Omnibus Appropria- priations process. I am again attempt- agree with Longview Fibre and feel tions Act to help begin the cleanup of ing to provide funding for the con- harvesting these trees along Highway the contaminated Amalgamated Mill sensus based projects of the Klamath 26 would be a disaster both for the eco- site. There is a continuing discussion Working Group in the fiscal year 1997 logical and visual characteristics of of the best way to accomplish the appropriations process. the resource. Longview, to their credit, cleanup of this site at the earliest pos- The group has also developed a long- has been extremely interested in work- sible date and in a manner that does term recommendation which includes a ing with local planning and environ- not endanger public health or safety. formal registration of the group as a mental groups to identify BLM parcels This legislation is neutral on the meth- State-sanctioned foundation and con- elsewhere in western Oregon that could od of cleanup, but should be read as a gressional legislation enabling them to be traded for the Longview Fibre lands directive to all parties involved to help land management agencies set pri- in the corridor.

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This proposal is a unique opportunity This provision is intended to provide S. 35 NE1⁄4 NW1⁄4 to forge ahead with a plan that has a measure of restitution to the S. 35 NW1⁄4 NE1⁄4 been built at the local level over the Coquille Tribe. This land was forcibly Second, a 2-year transition period is past 5 years and which has virtually taken from its inhabitants, an act that required prior to the Forest transfer- unanimous support, including the local I think anyone today would decry as ring into trust for the tribe. To pre- county government, local businesses, unjust. In the past, atrocities have serve Federal timber revenues to the the timber industry, and local environ- been heaped upon Oregon’s native O&C Counties, the Interior Secretary is mental groups. American tribes, including the Army’s authorized to designate an appropriate Included in this title is a very lim- efforts to round up the southwestern amount of nearby Federal public do- ited exemption from the National En- Oregon tribes like cattle and march main land into O&C status. vironmental Policy Act. I want to be them hundreds of miles to government- Third, after the forest is transferred clear that this exemption is in no way created Indian reservations at Siletz to the Assistant Secretary for Indian to be used as a precedent for future and Klamath Falls. Affairs, its management must be con- waivers of NEPA. This is a unique cir- To the tribes affected by these U.S. sistent with the standards and guide- cumstance, and to counterbalance this Government policies, the act of uproot- lines of adjacent and nearby Federal exemption, I have included funding in ing them from their homelands and forest plans. While this consistency re- the fiscal year 1997 appropriations herding them to far-away reservations quirement is to extend into the future, process to undertake environmental destroyed their culture and killed it should be noted that I do not antici- analysis for this exchange. many of their people. These acts were pate that this requirement will fore- The fifth title of S. 1662 would estab- the equivalent of the ethnic cleansing close the tribe from realizing at least lish the Coquille Forest near the town we have seen in recent years against some significant cultural or economic of Coos Bay, OR. During my Senate ca- the Muslim people in Bosnia. The res- benefits from its forest. reer, it has been my pleasure, and I be- toration of 5,400 acres could never Fourth, the Assistant Secretary for lieve my obligation, to take an active atone for the hardships imposed upon Indian Affairs is to manage the role in the restoration of Federal rec- the Coquille people. It can, however, Coquille Forest pursuant to all applica- ognition to a number of Indian tribes begin to help restore some semblance ble State and Federal forestry and en- in the State of Oregon. One of those of culture and a tie to the land that our vironmental laws, specifically includ- tribes, the Coquille Tribe from near Federal Government attempted to de- ing critical habitat designations under Coos Bay, OR, was restored in 1989. In stroy over 150 years ago. the Endangered Species Act. Federal the Coquille Restoration Act, Public I have gathered as much public input log export restrictions will apply to Law 101–42, which I was proud to spon- on the Coquille Tribe forest proposal as logs from the Coquille Forest, and com- sor in the Senate, a requirement was on any single legislative effort petitive bidding is specifically required included that the Secretary of the Inte- throughout my entire Senate career. I on all sales. rior and the tribe develop and submit a held two Senate hearings on the mat- Fifth, this statute assures continued plan for the tribe’s pursuit of economic ter, one in Salem, OR, and one in public access and State regulation of self-sufficiency. Washington, DC. I also have received hunting and fishing. Conversely, it is The Coquille Tribe took that man- many letters and phone calls carefully expected that tribal access is assured date to heart and developed and sub- analyzed related public polls, and re- to all its parcels. mitted an extraordinarily comprehen- viewed newspaper editorials. All of Sixth, Federal law and policies fos- sive plan. Wisely, I think, the plan en- these factors have contributed to the tering Indian self-determination are compassed self-suficiency initiatives 5,400-acre proposal I have developed. recognized by providing opportunity across a diverse range of projects. The The forming of this title as it appears for the tribe to assume some or all of centerpiece of the plan was a proposal today in the substitute has been very the management of the Coquille For- to establish a significant forest land challenging. The myriad interests of est. As a requirement for the tribe as- for the tribe within its aboriginal terri- the Interior Department, the people of suming such management functions, a tory. The overall goal of the plan and Coos County, the logging and environ- memorandum of agreement is required the forest are to move the standard of mental communities, the State of Or- with the State of Oregon that details living for the members of the Coquille egon, and certainly the Coquille Tribe the State’s jurisdiction and regulatory Tribe closer to that of the people of Or- have brought together starkly diver- functions, and which incorporates the egon overall and to provide for the cul- gent viewpoints. requirements for management consist- tural restoration of the Coquille peo- This title reflects many of the ele- ency with surrounding plans. To assure ple. ments from the tribe’s earlier proposal, enforceability of the MOA, both the The Coquille Tribe’s forest proposal but it is also very different. To accom- tribe and the State are authorized to is not, nor is this legislation, some new modate the diversity of interests, and take each other to Federal court. and novel precedent. Land bases have to do so within the parameters of the Finally, the title provides that any already been established for a number current discourse regarding the Fed- affected citizen may sue the Secretary of federally recognized Oregon tribes, eral lands, I have fashioned a unique of the Interior for violations of the including the Grand Rondes, Siletz, and scaled-down hybrid. I must say title. This is not intended to expand Warm Springs, and Umatillas. These that in so doing, the Coquille Tribe has laws or case law related to standing to tribal land bases range from 3,600 acres made some very substantial conces- sue. The court is specifically author- to 640,000 acres. This title would estab- sions. ized to order the Secretary to withdraw lish a 5,400-acre land base for the First, title five creates a Coquille any management authority delegated Coquille Tribe. Hardly a precedent in Forest of only approximately 5,400 to the tribe for the management of the either size or action. acres in size. While the parcels are forest. Moreover, the Coquille proposal is shown on a BLM map, referenced in the I want to emphasize again the unique quite innovative and unique. The pro- legislation, for clarity I am adding the arrangement of this provision. It is in- posal originally developed by the legal descriptions in the RECORD. The tended to establish a Coquille Forest Coquille Tribe was a cutting-edge, sci- Coquille Forest consists of the Federal for the Coquille Tribe that will mesh entifically based plan to manage the portions of the following descriptions: into the broader forest management of land. The plan would have used envi- Willamette Meridian West, Oregon Coos County. Within that context, the ronmentally sensitive methods of land T28S R10W S. 30,33 Coquille Forest is to provide a basis for management to benefit not only the T28S R11W S. 14,25,26 restoring the tribe’s culture as well as tribe but the surrounding communities T29S R10W S. 5 providing economic benefits. as well. This land management ap- T30S R11W S. 5,7,15,24,25,29,33 I hope this proposal, with its rel- 1 1 proach was as innovative as any I have T29S R11W S. 23 SE ⁄4 SE ⁄4 atively modest acreage and the re- S. 26 E1⁄2 NE1⁄4 seen during my public career, and it quired adherence to the most environ- S. 26 SW1⁄4 NE1⁄4 prompted me to lend my support to the S. 26 N1⁄2 SE1⁄4 mentally friendly forest management tribe’s effort. T29S R12W S. 26 S1⁄2 SW1⁄4 plan ever implemented in the Pacific

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00202 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9657 Northwest—President Clinton’s forest California border. The Fish and Wild- At this point I ask unanimous con- plan—is successful and can become a life Service has recommended a wilder- sent to have printed in the RECORD a model for how our Nation deals with ness designation for the study area. letter addressed to myself from Under other claims by native American These islands, rocks, and reefs are Secretary James Lyons of the Depart- tribes. small and extremely rugged in appear- ment of Agriculture in which they indi- The sixth title of S. 1662 addresses a ance. The soil cover is shallow. Light cate the administration support for the longstanding issue in my State. The vegetation consists primarily of low- two titles, the Opal Creek title and the Portland area has been blessed with growing grasses and herbaceous plants. one on the Bull Run. one of the cleanest sources of drinking These areas are valuable as nesting, I would also ask unanimous consent water in the Nation. The Bull Run Wa- roosting and foraging habitat for bald to have printed in the RECORD a letter tershed, east of Portland in the Cas- eagles, peregrine falcons, California from Mayor Vera Katz of the city of cade Mountains, has been providing brown pelicans, Canadian geese, and a Portland and Commissioner Mike safe and pure drinking water to number of other seabirds and Lindberg also endorsing title VI which Portlanders for over a century. I have shorebirds. They are also extensively relates to Portland’s main and only always supported protection for this used by marine mammals, such as water supply, which is called the Bull vital resource, including my working Steller sea lions, California sea lions, Run. to enact the 1977 Bull Run Protection Pacific harbor seals, and threatened And I ask unanimous consent to have Act, Public Law 95–200. northern elephant seal. printed in the RECORD a section-by-sec- Title six amends Public Law 95–200 Protection of this area would help tion analysis. by additional restrictions on manage- preserve a reflection of America’s rich There being no objection, the mate- ment within the hydrographic bound- island heritage. They are also closely rial was ordered to be printed in the ary of the Bull Run Watershed. This is associated with the culture of coastal RECORD, as follows: depicted on a map refered to in the leg- native Americans and early European DEPARTMENT OF AGRICULTURE, islation. The additional protections do settlers. Washington, DC, August 2, 1996. not include the controversial buffer The final title of this legislation pro- Hon. MARK O. HATFIELD, areas or the adjacent Little Sandy Wa- vides direction for a land exchange Washington, DC 20510. study within the Uppqua Basin in DEAR SENATOR HATFIELD: I am writing in tershed. These additional areas have support of the two provisions in S. 1662, as long been the source of controversy southern Oregon. The goal of the amended, which affect Opal Creek and Bull which has effectively blocked providing Uppqua land exchange project is to de- Run in the Willamette National Forest in the additional protections within area termine if there is a land ownership Oregon. that have a direct impact on Portland’s pattern within the Uppqua River Basin, The Administration testified in support of drinking water. different from the current one, that the Opal Creek Wilderness and Opal Creek I am pleased that, in working with would more effectively protect fish and Scenic Recreation Area Act of 1996. S. 1662 adds approximately 12,800 acres of mixed old my colleague from Oregon, Mr. WYDEN, wildlife habitat and allowing more sus- growth forest and anadromous fish habitat we have reached an important agree- tainable resource production. The to the Wilderness Preservation System ment on this matter, which is included project has hired a team of Oregon sci- granting it permanent protection for primi- in S. 1662. The vital part of the agree- entists to study the resources of this tive use and resource conservation. In addi- ment involves a study of the impact of basin to determine if opportunities tion, the legislation provides Wild and Sce- management activities within the Lit- exist for public and private land ex- nic River protection for Elkhorn Creek as tle Sandy on Portland’s drinking changes are possible to achieve this recommended in our hearing testimony. You water. This is the heart of the issue goal. have worked hard to prepare legislation with respect to the Little Sandy. With On Federal lands, the opportunity ex- which balances the concerns of all parties and I appreciate your diligent efforts. that critical agreement, the additional ists for increasing wildlife and fisheries The Department of Agriculture supports protections for the main drainage may habitat protection as well as sustain- the compromise position taken in Title VI of go forward. able supply of timber as a result of ex- the bill regarding the Bull Run and Little I want to pay a special tribute to my changing lands. On private lands, the Sandy Watersheds. Conservation in these colleague for working so construc- project could assist land owners better two watersheds is important to the success tively with me on this important mat- meet their land management goals by of the President’s Forest Plan for the owl re- ter to Oregonians. Senator WYDEN has providing lands better suited for tim- gion and for the City of Portland. The report made an impressive commitment to ber productions that are not as eco- to Congress authorized in the legislation will help provide information to decide whether this issue and I commend him for his logically sensitive as those traded into any further action is necessary regarding leadership. Let me also commend Rep- Federal ownership. these lands. I especially support the public resentative ELIZABETH FURSE for her To test this theory, this title directs process which will be used to prepare the commitment to this issue. She has the land management agencies to take study. partnered with Senator WYDEN to re- a careful look at the land ownership Again, I want to congratulate you on your solve elevate this important issue in patterns in this area and at the current hard work on these provisions. The Depart- the public dialog. makeup of laws and policies. I believe ment of Agriculture supports enactment of Finally, I wish to commend the new- this study will uncover great potential these two titles. Sincerely, est member of the Oregon delegation, for improvements in our land owner- JAMES R. LYONS, Representative EARL BLUMENAUER, for ship patterns. Under Secretary. the valuable role he played in resolving Mr. President, this is comprehensive this issue. The Bull Run Reservoir is legislation. I am extremely pleased JULY 24, 1996. located in Congressman BLUMENAUER’s with this bill. It protects some of Or- Hon. MARK O. HATFIELD, legislative district, and through his egon’s most important natural re- 711 Hart Senate Office Building, prompt intervention in this matter at source areas, Opal Creek, Bull Run, the Washington, DC. Oregon Islands and the Mt. Hood cor- DEAR SENATOR HATFIELD: On behalf of the a critical stage, he performed a valu- citizens of Portland and the drinking water able service to his constituents. ridor. It also promotes consensus- consumers of the Portland metropolitan re- The seventh title of this bill would based, watershed planning at the local gion, thank you for your outstanding efforts add approximately 120 acres to the ex- level in the Klamath and Deschutes Ba- in the development of Title VI, Bull Run Wa- isting Oregon Islands Wilderness. This sins. Finally, it makes investments in tershed Protection, in S. 1662, ‘‘The Oregon area is comprised of islands, reefs and the future through important studies. Resource Conservation Act of 1996’’. rocks within 3 miles of the Oregon I have worked many years to protect We were pleased by the unanimous passage coast. Oregon’s magnificent natural re- of S. 1662 on June 19 by the Senate Energy In 1991, the Fish and Wildlife Service sources. I am pleased that in this, my and Natural Resources Committee. We have been very grateful to work with you and completed a wilderness suitability last year in the Senate, I will be able your staff since then on enhancements to the study on 1,200 of these formations, to continue this legacy of protecting provisions of Title VI which will be added which extend 307 miles, from Oregon’s natural beauty for the enjoy- during forthcoming consideration by the full Tillamook Head to just north of the ment and use of future generations. Senate.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00203 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9658 CONGRESSIONAL RECORD — SENATE August 2, 1996 It has been a great honor to work with you Title V—Coquille Tribal Forest The PRESIDING OFFICER. The Sen- on the issue of additional statutory protec- Creates 5,400 acre Coquille Forest from ator from Oregon, Mr. WYDEN. tion for Bull Run water quality since the BLM lands in SW Oregon. Mr. WYDEN. Mr. President, I want to adoption by the City Council Resolution cov- Management of land will remain with BLM say first, I very much share Senator ering this subject in October 1993. for two years, with no change in existing The provisions of Title VI covering a ban HATFIELD’s view with respect to the management structure or funding distribu- yeoman work that has been done by on timber cutting in the hydrographic tion. Transition plan is authorized. boundary of the Bull Run drainage, including After two years, title and management will many parties, in terms of bringing this certain lands within the unit and located be transferred to Bureau of Indian Affairs. legislation together. I am especially below the headworks of the City’s water The lands will be held in trust for Coquille pleased he has mentioned Ms. Buell and storage and delivery project, except in ac- Tribe (restored in 1989). Mr. Pahl. It reflects the bipartisan ef- tivities expressly reserved for the City, and After transfer to BIA, land will be man- fort that has gone into moving this leg- the ban on salvage sales, will greatly im- aged consistent with President’s Forest Plan islation forward. I very much want to prove the City’s ability to ensure water qual- and applicable forestry and environmental associate myself with Senator HAT- ity protection in the years to come. The protection laws. study on the portion of the Little Sandy Wa- All timber sales will be subject to competi- FIELD’s words of praise for the many tershed within the unit, to be undertaken by tive and open bidding procedures. staff who have worked on this legisla- the Secretary of Agriculture in consultation Title VI—Bull Run Watershed Protection tion. with the City, will help to provide useful Amends P.L. 95–200, the Bull Run Protec- I also want to begin by telling Sen- guidance for the future regarding logging in tion Act, by establishing additional timber ator HATFIELD, on behalf of the people the Little Sandy and water quality impacts. harvest restrictions for Bull Run watershed, of our State, how much we appreciate We plan to work very closely with you and Portland’s primary municipal drinking the extraordinary efforts he has made your staff as S. 1662 continues through the water source. in the conservation field specifically. subsequent phases of the legislative process Requires a study of the adjacent Little to help in any way we can to ensure that it As Oregonians know, when you think Sandy Watershed to determine the impact of about the history of our State, it will can be enacted in the few remaining weeks of management on Portland’s drinking water. this Congress. Requires report to Congress on findings and not just be conservation that Senator Thank you again for your leadership on recommendations for future management in HATFIELD has touched. It will be the this important initiative. the area. Oregon Health Sciences Center, where Warm regards, Title VII—Oregon Islands Wilderness Additions we have built a remarkable medical in- VERA KATZ, frastructure that is going to serve our Mayor. Adds approximately 120 acres of islands, State into the 21st century. People are MIKE LINDBERG, reefs and rocks within three miles of Oregon Commissioner. Coast to existing Oregon Islands Wilderness going to talk about the exceptional System. work that was done in the transpor- SECTION-BY-SECTION ANALYSIS Title VIII—Umpqua River Land Exchange tation field, where, again, we have led S. 1662—OREGON RESOURCES CONSERVATION ACT Study the Nation in terms of looking forward, OF 1996 Authorizes and directs Secretaries of Inte- in terms of making gutsy decisions. TITLE I—Opal Creek Wilderness and Scenic- rior and Agriculture to consult, coordinate We are going to talk about the agri- Recreation Area and cooperate with the Umpqua Land Ex- culture, the maritime efforts, particu- 12,800 acre Opal Creek Wilderness Area. change Project. larly in the field of research which, 13,000 acre Opal Creek National Scenic- Project’s mission is to develop scientific again, gives us a chance to get out in basis for and evaluation of land exchanges Recreation Area. front of these huge waves of change Designates Elkhorn Creek Wild and Scenic which involve federal acquisition of sensitive private parcels in exchange for private ac- that so mark these and so many of the River. issues that are before the Senate. Sets up management planning process for quisition of less sensitive, timber producing I just want to tell Senator HATFIELD, Scenic Area. parcels. Sets up 13 member Advisory Council con- Joint Report to Congress submitted no I think it is particularly appropriate sisting of locally elected officials, environ- later than Feb. 1, 1998 making recommenda- now, as we move to the last days of mentalists, timber industry, mining indus- tions. this session, that this legislation, try, inholders. Mr. HATFIELD. Mr. President, there which is something of a crowning Establishes guidelines for disposition of ex- are some very important people who jewel, moves forward in the Senate. It isting inholdings. have helped bring this day, now, to fru- is a tribute to all of the exceptional Authorizes $15 million Economic Develop- ition. I want to mention the former work that he has done, now, for 3 dec- ment Plan. Congressman from Oregon, Mike ades for the people of our State. I want TITLE III—Upper Klamath Basin Pilot Project Kopetski, who made a valiant effort in you to know how much I appreciate all Creates a five-year pilot project to allow 1994 to pass an Opal Creek protection this effort. As you know, I am looking consensus-based citizen working group to bill. The bill was passed in the House. provide ecological restoration recommenda- into the possibility of being able to tions to federal agencies. However, time ran out, in the Senate. phone you express, when you are at the Authorizes $1,000,000 per year for con- It was not enacted. But, certainly, for coast in a much-deserved retirement, sensus-based projects. years he and I had the privilege of to have you help on other matters. I Projects must be matched 1-to-1 with non- trekking this whole area together. am just so pleased that this legislation federal sources. That is a wonderful memory I have. I is moving forward today, and to be as- Fish and Wildlife Service is lead agency. want to pay tribute to his efforts as sociated with you. TITLE III—Deschutes Basin Pilot Project part of the overall accomplishment of Mr. President, very briefly let me Creates a five-year pilot project similar to this bill. comment on some of the provisions, the Klamath Working Group. I want to also make particular men- the excellent provisions in this legisla- Also authorizes $1,000,000 per year for eco- tion of the staff, of David Robertson tion. It is going to protect Opal Creek, system restoration projects, 1-to-1 match and Doug Pahl of my staff, who, for with non-federal funds. both the drinking water source for the Bureau of Reclamation is lead agency. years, have been involved in this and city of Salem and one of the crown jew- TITLE IV—Mt. Hood Corridor Land Exchange have done a great job; to Ms. Alexandra els of our old growth forests. It is a Buell of Senator WYDEN’s staff, who Authorizes 3,500 acre land exchange in the remnant of what used to be common in Mt. Hood Corridor between the Bureau of has been very meshed into the whole the Oregon Cascade Range, but it is Land Management and the Longview Fibre common effort and has an excellent now the largest intact low elevation timber company. background in resource management; old growth forest that is left, after Both parties are willing participants in the Energy Committee staff, Gary Ells- years of management in the region. this process, which seeks to protect the worth, Mark Rey and Tom Williams Opal Creek is simply beloved. People viewshed along the Highway 26 corridor from worked together as one staff, so to hike and swim, and many go simply to Portland to Mt. Hood, Oregon. speak, even though they represent both experience the grandeur and solace Land acquired by BLM in corridor is re- moved from timber base, consistent with sides of the aisle. I am very grateful, that tall trees and waterfalls have to current BLM management of adjacent lands. always, to each of those staff members offer. Visitation is now at about 15,000 Exchange is to be completed within one for their real nitty-gritty and their people annually, and increases each year. real creative ability. year.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00204 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9659 The President’s Forest plan recog- the key to solving many of our envi- Because Mike showed exceptional vi- nized the special nature of Opal Creek ronmental problems—the key to solv- sion and leadership, the bill made great and designated it as a late-successional ing environmental problems—has to progress. I join Senator HATFIELD in reserve and tier 1 watershed. Although come from strong local input. Orego- saying that because of the work done that designation puts some limits to nians have been successful using this by former Congressman Kopetski, it management in the watershed, it does model of strong local involvement in has been possible to move this bill to- not ensure permanent protection. Only reforming health care, in reforming wards a reality. an act of Congress can do that and Sen- welfare, and I am pleased to see that as Though this bill is not perfect, ator HATFIELD is responding to the a result of Senator HATFIELD’s legisla- through Senator HATFIELD’s efforts and great interest among the people of our tion, the same effort to encourage local wise judgment, there is a bill now be- State in making sure that there will be involvement is being used in the envi- fore the Senate that will benefit count- permanent protection for Opal Creek. ronmental area. less Oregonians for generations to We have been trying to protect this I believe that no bill is ever perfect, come. It remains one of the most im- treasure for more than 25 years. Last and we all have things that we might portant conservation efforts for the year, Senator HATFIELD convened a want in an ideal situation. The pro- State of Oregon put forward in many, working group of Oregonians interested posal to create the Coquille Tribal For- many years. I look forward to working in Opal Creek that included environ- est has caused concern, has caused anx- closely with our senior Senator to en- mentalists, the timber industry, State iety among a number of our citizens. I sure that this bill is signed into law. and local officials, and the Forest Serv- commend Senator HATFIELD for his Mr. President, I yield the floor. ice. This legislation is a product of hard work in addressing many of these Mr. HATFIELD. Mr. President, I ask those efforts. One prominent Oregon concerns, while at the same time re- unanimous consent that the substitute environmental group called the provi- maining true to his commitment to the amendment be considered and agreed sion precedent setting, and the most Coquille tribe. I believe that the provi- to, the committee amendment be protective they have seen in any Fed- sion in this legislation is improved by agreed to, as amended, the bill be eral legislation. reducing greatly the size of the trans- deemed read a third time, and passed Mr. President, this legislation, Sen- fer. I also believe it has been improved as amended. I withhold. ator HATFIELD has noted, contains by requiring the land to be managed The PRESIDING OFFICER. Without other extremely important provisions under applicable State and Federal for- objection, it is so ordered. for our State. I am especially pleased estry and environmental protection The amendment (No. 5150) was agreed Senator HATFIELD has included in his laws. to. bill, additional protection for the Bull The bill also would require that these The committee amendment was Run Watershed. This is so important to lands be subject to critical habitat des- agreed to. The bill (S. 1662), as amended was water users in our State. Hundreds of ignations under the Endangered Spe- deemed read the third time and passed. thousands of Oregonians depend on cies Act and the standards and guide- that watershed for pure, clean drinking Mr. HATFIELD. Mr. President, on lines of the Federal forest plans adja- the bill that we have just passed, which water. And the history of Federal pro- cent or nearby forest lands apply now tection for the Bull Run Watershed is the Oregon Resources Conservation and in the future. Act of 1996, I would ask unanimous goes back more than 100 years, to Additionally, changes to the bill en- consent to list Senator WYDEN, my col- President Harrison’s proclamation re- sure that the land will remain open to serving the drainage basin of the Bull league, as a cosponsor of this bill. public access for hunting, fishing and The PRESIDING OFFICER. Without Run and Little Sandy Rivers as pro- recreation, and that the prohibition on tected sources of water for the City of objection, it is so ordered. the export of unprocessed logs from Mr. LOTT addressed the Chair. Portland. Federal lands are a matter of great im- The Bull Run Watershed now serves The PRESIDING OFFICER. The ma- portance to our citizens and will con- more than 20 water districts and over jority leader. tinue. 735,000 people in our metropolitan area. Mr. LOTT. Mr. President, we would With that said, I still remain con- It is projected by the year 2050, it like to go ahead and get these unani- will be the prime source of drinking cerned about the size of the land to be mous-consent agreements done so that water for over 1 million Oregonians. transferred from the Bureau of Land the distinguished Democratic leader When I served in the House of Rep- Management to the Bureau of Indian could go to a very important meeting. resentatives, I joined with Congress- Affairs to be held in trust for the Senator DASCHLE, if I could just say woman ELIZABETH FURSE in intro- Coquille tribe. once again—I have told you privately— ducing H.R. 4063 in the 103d Congress. Further, I am concerned about add- I want to say publicly, I appreciate the This earlier piece of legislation in- ing another layer of complexity to an cooperation we have had over the last creased substantially protections for already confusing array of forest and 3 weeks. We could not get it all done at the Bull Run and the Little Sandy wa- environmental management require- the end, but I think we made a lot of tersheds. Although S. 1662 does scale ments and a potential lack of clarity good progress. And I appreciate your down the scope of lands covered by new with regard to Tribal, State and Fed- help wherever you could give it. I think protections, I am pleased that this leg- eral roles in environmental require- we did pretty good overall. islation increases protections for the ments. I am also very concerned about Mr. DASCHLE. Mr. President, if the portion of the Bull Run watershed that a lack of clear direction with regard to majority leader would allow me to re- serves as the municipal drinking water citizen appeals. I am very pleased to spond, I want to commend him. He has source for the city of Portland, while have a chance to work with Senator taken on his responsibilities under maintaining the existing protections HATFIELD on these matters. Senator very difficult circumstances. I cannot for the remainder of the watershed. HATFIELD has worked very, very hard imagine a more challenging way with The city of Portland strongly supports to try to develop consensus with re- which to begin your new role than to these added protections for the Bull spect to this issue which is extremely take on the responsibilities midcourse. Run watershed. controversial, and I intend to work I must say, Mr. President, he has This legislation includes several closely with him on this matter in the done it in a way that he can be proud. other important provisions. It would days ahead. It has been a joy to work with him. fund two citizen working groups that Mr. President, despite my reserva- I think we have gotten more done have been active in addressing a wide tion about the Coquille Tribal Forest, I than most people would have expected. array of ecological restoration, eco- believe that, on balance, this is a good I think, in fact, we surprised a few peo- nomic development and stability and bill for Oregon. I also want to say that ple. And we will continue to do our drought impact reduction projects in recognition for our former colleague, best to represent our caucuses but also the Klamath and Deschutes River ba- Mike Kopetski, is especially appro- to work to try to represent our coun- sins in our State. priate. I recall several years ago when try. I look forward to working with I am excited about both of these my good friend, Mike Kopetski, first him for many months and years to groups because I firmly believe that made his pledge to protect Opal Creek. come.

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00205 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9660 CONGRESSIONAL RECORD — SENATE August 2, 1996 Mr. LOTT. Thank you very much. I object to this bill. Christopher M. Coburn, of Ohio, to be a The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The ob- Member of the Board of Directors of the jority leader. jection is heard. United States Enrichment Corporation for a term expiring February 24, 2000. Mr. LOTT. We do have a number of f unanimous-consent agreements that CONSUMER PRODUCT SAFETY COMMISSION we have worked out. We would like to MEASURE READ FOR THE FIRST Thomas Hill Morre, of Florida, to be a go through these. And some of them TIME—H.R. 3953 Commissioner of the Consumer Product Mr. LOTT. Mr. President, in light of Safety Commission for a term of seven years are still being worked on as we speak. from October 26, 1996. But we can go ahead and get started. the objection, I ask that H.R. 3953 be NUCLEAR REGULATORY COMMISSION f read for the first time. The PRESIDING OFFICER. The Edward McGaffigan, Jr., of Virginia, to be a Member of the Nuclear Regulatory Com- UNANIMOUS-CONSENT REQUEST— clerk will report. H.R. 3953 mission for the term of five years expiring The legislative clerk read as follows: June 30, 2000. Mr. LOTT. Mr. President, I ask unan- A bill (H.R. 3953) to combat terrorism. Nils J. Diaz, of Florida, to be a Member of imous consent that the Senate now Mr. LOTT. Mr. President, I now ask the Nuclear Regulatory Commission for the turn to consideration of H.R. 3953, the for its second reading, and I believe the term of five years expiring June 30, 2001. House-passed terrorism bill just re- Democratic leader would object, so I NOMINATION OF CHRISTOPHER COBURN ceived from the House. object on his behalf. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The ob- rise in opposition to the nomination of objection? jection is heard. The bill will be read Christopher Coburn to the Board of the Mr. DASCHLE addressed the Chair. on the next legislative day. U.S. Enrichment Corporation. I believe The PRESIDING OFFICER. The mi- the nomination of Mr. Coburn to this f nority leader. board would put the Paducah Gaseous Mr. DASCHLE. Mr. President, I sug- NOMINATIONS TO REMAIN IN STA- Diffusion Plant at a disadvantage in gest the absence of a quorum. TUS QUO UNTIL SEPTEMBER 2, the siting of the Atomic Vapor Laser The PRESIDING OFFICER. The 1996 Isotope Separation [AVLIS] tech- clerk will call the roll. Mr. LOTT. Mr. President, as in exec- nology. The legislative clerk proceeded to utive session, I ask unanimous consent As a member of the USEC Board, Mr. call the roll. that all nominations received by the Coburn will have the responsibility of Mr. DASCHLE. Mr. President, I ask Senate during the 104th Congress, 2d implementing the privatization of the unanimous consent that the order for session, remain in status quo notwith- USEC and charting its future course, the quorum call be rescinded. standing the August 2 adjournment including the implementation of the The PRESIDING OFFICER. Without until September 2, 1996, and rule XXXI, AVLIS technology. objection, it is so ordered. paragraph 6 of the standing rules of the The commercialization of this tech- Mr. DASCHLE. Mr. President, reserv- Senate. nology would mean billions of dollars ing the right to object, I ask unani- The PRESIDING OFFICER. Without of investment as well as ensuring the mous consent the majority leader mod- objection, it is so ordered. continued viability of the U.S. enrich- ify his consent to provide for passage of ment industry. If I may put the issue f the bill as amended by a substitute in stark, but accurate terms, the amendment, providing for roving wire- EXECUTIVE SESSION USEC’s decision about siting AVLIS is taps, and requiring taggants for black more fundamentally a decision about powder, that the bill be read the third which one of these plants will be able EXECUTIVE CALENDAR time and passed, and the motion to re- to remain competitive and viable into consider be laid upon the table. Mr. LOTT. Mr. President, I ask unan- the next century. Mr. LOTT. Mr. President, I would not imous consent the Senate immediately Earlier this year, President Clinton be able, at this time, to agree to that proceed to executive session to con- appointed Mr. Coburn to the board be- addition to the unanimous-consent re- sider the following nominations: Cal- cause he believed Mr. Coburn was quest. endar 384, Charles Hunnicutt, Assistant uniquely qualified following his service A lot of good work was done in this Secretary of Transportation; Calendar as the executive director of the Thom- area this week. I think they came very, 509, Charles Burton, U.S. Enrichment as Edison Program and as the science very close to getting an overall agree- Corporation; Calendar 510, Christopher and technology advisor to the Gov- ment, and I thought yesterday after- Coburn, U.S. Enrichment Corporation; ernor of Ohio. It has come to my atten- noon, actually, it was going to be Calendar 710, Thomas Hill Moore, Con- tion that while serving as the execu- achieved. They did not quite make it. sumer Product Safety Commission; tive director of the Thomas Edison This is something we will have to work Calendar 716, Edward McGaffigan, Jr., Project, Mr. Coburn developed a pro- on. Nuclear Regulatory Commission; Cal- posal to locate the AVLIS technology I do personally think additional au- endar 717, Nils Diaz, Nuclear Regu- in Portsmouth, OH. thority should be granted on wiretap. I latory Commission; I further ask unan- Mr. President, the placement of Mr. think a lot of the aviation security imous consent that the nominations be Coburn on the USEC’s board at this matters that are included in this bill confirmed en bloc, the motions to re- time would cause serious doubts about are very, very important. I am sorry consider be laid upon the table en bloc, the objectivity and fairness of the we could not get it worked out. I think that any statements relating to the USEC as it begins to assess which facil- more than anything else, time has run nominations appear at the appropriate ity should obtain the AVLIS tech- out on us. place in the RECORD, and the President nology. The stakes concerning this de- However, I have to object to that. be immediately notified of the Senate’s cision are so monumental that we can- Mr. DASCHLE. Reserving the right action. not allow any inference of bias to in- to object, I share the view expressed by The PRESIDING OFFICER. Without fect the process by which that decision the majority leader. I was very hopeful objection, it is so ordered. is made. at the beginning of this week that we The nominations considered and con- In an effort to protect the interests could have concluded our work to pro- firmed en bloc are as follows: of the workers employed at the Padu- vide yet another opportunity to pass a DEPARTMENT OF TRANSPORTATION cah plant and the economy of western good piece of legislation dealing with a Charles A. Hunnicutt, of Georgia, to be an Kentucky I asked the President to very important matter by the end of Assistant Secretary of Transportation. withdraw the nomination of the Mr. this week. That was not possible. UNITED STATES ENRICHMENT CORPORATION Corburn. Since the President has ig- I am disappointed, but we will have Charles William Burton, of Texas, to be a nored my concerns I have tried to to dedicate our effort to ensure that Member of the Board of Directors of the block the confirmation of Mr. Coburn. does happen when we get back. I hope United States Enrichment Corporation for a Unfortunately, I realize the votes are we could do it sooner rather than later. term expiring February 24, 2001. not in my favor. Nonetheless, I will

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00206 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9661 continue to follow the actions of the States on October 14, 1994. The report tation of the resolutions of ratifica- Board and Mr. Coburn to ensure that of the Department of State is also en- tion. the best interests of the Paducah Gas- closed for the information of the Sen- The resolutions of ratification are as eous Diffusion Plant are protected. ate. follows: f The purpose of the Convention is to TREATY WITH THE REPUBLIC OF KOREA ON MU- combat desertification and mitigate TUAL LEGAL ASSISTANCE IN CRIMINAL MAT- REMOVAL OF INJUNCTION OF SE- the effects of drought on arid, semi- TERS CRECY—TREATY DOCUMENT NO. arid, and dry sub-humid lands through Resolved (two-thirds of the Senators present 104–28 AND TREATY DOCUMENT effective action at all levels. In par- concurring therein), That the Senate advise NO. 104–29 ticular, the Convention addresses the and consent to the ratification of The Treaty Between the United States of America and Mr. LOTT. Mr. President, I ask unan- fundamental causes of famine and food imous consent the injunction of se- the Republic of Korea on Mutual Legal As- insecurity in Africa, by stimulating sistance in Criminal Matters, signed at crecy be removed from two treaties: A more effective partnership between Washington on November 23, 1993, together Protocol Amending the 1916 Conven- governments, local communities, non- with a Related Exchange of Notes signed on tion for the Protection of Migratory governmental organizations, and aid the same date. The Senate’s advice and con- Birds (Treaty Document No. 104–28); donors, and by encouraging the dis- sent is subject to the following two provisos, and a United Nations Convention to semination of information derived which shall not be included in the instru- Combat Desertification in Countries from new technology (e.g., early warn- ment of ratification to be signed by the Experiencing Drought, Particularly in President: ing of impending drought) to farmers. Nothing in the Treaty requires or author- Africa, with Annexes (Treaty Docu- The United States has strongly sup- izes legislation or other action by the United ment No. 104–29); transmitted to the ported the Convention’s innovative ap- States of America that is prohibited by the Senate by the President today; and ask proach to combatting dryland degrada- Constitution of the United States as inter- that the treaties be considered as hav- tion. I believe it will help Africans and preted by the United States. ing been read the first time; that they others to make better use of fragile re- Pursuant to the rights of the United States be referred, with accompanying papers, sources without requiring increased de- under this Treaty to deny requests which to the Committee on Foreign Relations velopment assistance. Ratification by prejudice its essential public policy or inter- and ordered to be printed and that the est, the United States shall deny a request the United States would promote effec- for assistance when the Central Authority, President’s message be printed in the tive implementation of the Convention after consultation with all appropriate intel- RECORD. and is likely to encourage similar ac- ligence, anti-narcotic, and foreign policy The PRESIDING OFFICER. Without tion by other countries whose partici- agencies, has specific information that a sen- objection, it is so ordered. pation would also promote effective ior government official who will have access The messages of the President are as implementation. to information to be provided under this follows: United States obligations under the Treaty is engaged in a felony, including the Convention would be met under exist- facilitation of the production or distribution To the Senate of the United States: of illegal drugs. With a view to receiving the advice ing law and ongoing assistance pro- grams. TREATY WITH THE UNITED KINGDOM ON MUTUAL and consent of the Senate to ratifica- LEGAL ASSISTANCE IN CRIMINAL MATTERS I recommend that the Senate give tion, I transmit herewith the Protocol Resolved (two-thirds of the Senators present between the United States and Canada early and favorable consideration to concurring therein), That the Senate advise Amending the 1916 Convention for the this Convention and its Annexes, with and consent to the ratification of The Treaty Protection of Migratory Birds in Can- the declaration described in the accom- Between the Government of the United ada and the United States, with a re- panying report of the Secretary of States of America and the Government of lated exchange of notes, signed at State, and give its advice and consent the United Kingdom of Great Britain and Washington on December 14, 1995. to ratification. Northern Ireland on Mutual Legal Assist- The Protocol, which is discussed in WILLIAM J. CLINTON. ance in Criminal Matters, signed at Wash- THE WHITE HOUSE, August 2, 1996. ington on January 6, 1994, together with a more detail in the accompanying re- Related Exchange of Notes signed the same port of the Secretary of State, rep- f date. The Senate’s advice and consent is sub- resents a considerable achievement for TREATIES ject to the following two provisos, which the United States in conserving migra- shall not be included in the instrument of tory birds and balancing the interests Mr. LOTT. Mr. President, I ask unan- ratification to be signed by the President: of conservationists, sports hunters, and imous consent that the Senate proceed Nothing in the Treaty requires or author- indigenous people. If ratified and prop- to consider the following treaties on izes legislation or other action by the United today’s Executive Calendar, Executive States of America that is prohibited by the erly implemented, the Protocol should Constitution of the United States as inter- further enhance the management and Calendar Nos. 24 through 35; I further ask unanimous consent that the trea- preted by the United States. protection of this important resource Pursuant to the rights of the United States ties be considered as having passed for the benefit of all users. under this Treaty to deny requests which The Protocol would replace a pro- through their various parliamentary prejudice its essential public policy or inter- tocol with a similar purpose, which was stages up to and including the presen- est, the United States shall deny a request signed January 30, 1979, (Executive W, tation of the resolutions of ratifica- for assistance when the Central Authority, 96th Cong., 2nd Sess. (1980)), and which tion; that all committee provisos, res- after consultation with all appropriate intel- ervations understandings, et cetera, be ligence, anti-narcotic, and foreign policy I, therefore, desire to withdraw from agencies, has specific information that a sen- the Senate. agreed to; that any statements in re- gard to these treaties be inserted in the ior government official who will have access I recommend that the Senate give to information to be provided under this early and favorable consideration to CONGRESSIONAL RECORD as if read; and Treaty is engaged in a felony, including the the Protocol, with exchange of notes, that the Senate take one vote on the facilitation of the production or distribution and give its advice and consent to rati- resolutions of ratification to be consid- of illegal drugs. fication. ered as separate votes; further, that TREATY WITH AUSTRIA ON MUTUAL LEGAL WILLIAM J. CLINTON. when the resolutions of ratification are ASSISTANCE IN CRIMINAL MATTERS THE WHITE HOUSE, August 2, 1996. voted upon the motion to reconsider be Resolved (two-thirds of the Senators present laid upon the table; the President then concurring therein), That the Senate advise To the Senate of the United States: be notified of the Senate’s action and and consent to the ratification of The Treaty I transmit herewith, for the advice that following disposition of the trea- Between the Government of the United and consent of the Senate to ratifica- ties, the Senate return to legislative States of America and the Government of tion, the United Nations Convention to session. the Republic of Austria on Mutual Legal As- Combat Desertification in Those Coun- The PRESIDING OFFICER. Without sistance in Criminal Matters, signed at Vi- enna on February 23, 1995. The Senate’s ad- tries Experiencing Serious Drought objection, it is so ordered. The treaties vice and consent is subject to the following and/or Desertification, Particularly in will be considered to have passed two provisos, which shall not be included in Africa, with Annexes, adopted at Paris, through their various parliamentary the instrument of ratification to be signed June 17, 1994, and signed by the United stages up to and including the presen- by the President:

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00207 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9662 CONGRESSIONAL RECORD — SENATE August 2, 1996 Nothing in the Treaty requires or author- Between the Government of the United and consent to the ratification of the Extra- izes legislation or other action by the United States of America and The Government of dition Treaty Between the Government of States of America that is prohibited by the the Republic of Hungary on Extradition, the United States of America and the Gov- Constitution of the United States as inter- signed at Budapest on December 1, 1994. The ernment of the Republic of Bolivia, signed at preted by the United States. Senate’s advice and consent is subject to the La Paz on June 27, 1995. The Senate’s advice Pursuant to the rights of the United States following proviso, which shall not be in- and consent is subject to the following pro- under this Treaty to deny requests which cluded in the instrument of ratification to be viso, which shall not be included in the in- prejudice its essential public policy or inter- signed by the President: strument of ratification to be signed by the est, the United States shall deny a request Nothing in the Treaty requires or author- President: for assistance when the Central Authority, izes legislation or other action by the United Nothing in the Treaty requires or author- after consultation with all appropriate intel- States of America that is prohibited by the izes legislation or other action by the United ligence, anti-narcotic, and foreign policy Constitution of the United States as inter- States of America that is prohibited by the agencies, has specific information that a sen- preted by the United States. Constitution of the United States as inter- preted by the United States. ior government official who will have access EXTRADITION TREATY WITH BELGIUM to information to be provided under this EXTRADITION TREATY WITH SWITZERLAND Resolved (two-thirds of the Senators present Treaty is engaged in a felony, including the concurring therein), That the Senate advise Resolved (two-thirds of the Senators present facilitation of the production or distribution and consent to the ratification of The Extra- concurring therein), That the Senate advise of illegal drugs. dition Treaty Between the United States of and consent to the ratification of the Extra- TREATY WITH HUNGARY ON MUTUAL LEGAL America and the Kingdom of Belgium signed dition Treaty Between the Government of ASSISTANCE IN CRIMINAL MATTERS at Brussels on April 27, 1987. The Senate’s ad- the United States of America and the Gov- ernment of the Swiss Confederation, signed Resolved (two-thirds of the Senators present vice and consent is subject to the following at Washington on November 14, 1990. The concurring therein), That the Senate advise proviso, which shall not be included in the Senate’s advice and consent is subject to the and consent to the ratification of The Treaty instrument of ratification to be signed by following proviso, which shall not be in- Between the Government of the United the President: cluded in the instrument of ratification to be States of America and the Government of Nothing in the Treaty requires or author- signed by the President: the Republic of Hungary on Mutual Legal izes legislation or other action by the United Nothing in the Treaty requires or author- Assistance in Criminal Matters, signed at States of America that is prohibited by the izes legislation or other action by the United Budapest on December 1, 1994. The Senate’s Constitution of the United States as inter- States of America that is prohibited by the advice and consent is subject to the fol- preted by the United States. Constitution of the United States as inter- lowing two provisos, which shall not be in- SUPPLEMENTARY EXTRADITION TREATY WITH preted by the United States. cluded in the instrument of ratification to be BELGIUM signed by the President: Mr. LOTT. Mr. President, I ask for a Resolved (two-thirds of the Senators present Nothing in the Treaty requires or author- division vote on the resolutions of rati- concurring therein), That the Senate advise izes legislation or other action by the United fication. and consent to the ratification of The Sup- States of America that is prohibited by the The PRESIDING OFFICER. A divi- plementary Treaty on Extradition Between Constitution of the United States as inter- the United States of America and the King- sion is requested. Senators in favor of preted by the United States. dom of Belgium to Promote the Repression the resolutions of ratification will rise Pursuant to the rights of the United States of Terrorism, signed at Brussels on April 27, and stand until counted. (After a under this Treaty to deny requests which 1987. The Senate’s advice and consent is sub- pause.) Those opposed will rise and prejudice its essential public policy or inter- ject to the following proviso, which shall not stand until counted. est, the United States shall deny a request be included in the instrument of ratification for assistance when the Central Authority, On a division, two-thirds of the Sen- to be signed by the President: after consultation with all appropriate intel- ators present and voting, having voted Nothing in the Treaty requires or author- ligence, anti-narcotic, and foreign policy in the affirmative, the resolutions of izes legislation or other action by the United agencies, has specific information that a sen- ratification is agreed to. States of America that is prohibited by the ior government official who will have access Constitution of the United States as inter- f to information to be provided under this preted by the United States. Treaty is engaged in a felony, including the LEGISLATIVE SESSION facilitation of the production or distribution EXTRADITION TREATY WITH THE PHILIPPINES The PRESIDING OFFICER. The Sen- of illegal drugs. Resolved (two-thirds of the Senators present ate will now return to legislative ses- TREATY WITH THE PHILIPPINES ON MUTUAL concurring therein), That the Senate advise sion. LEGAL ASSISTANCE IN CRIMINAL MATTERS and consent to the ratification of The Extra- dition Treaty Between the Government of f Resolved (two-thirds of the Senators present the United States of America and the Gov- concurring therein), That the Senate advise CONGRATULATIONS KELLY ernment of the Republic of the Philippines, and consent to the ratification of The Treaty RIORDAN signed at Manila on November 13, 1994. The Between the Government of the United Senate’s advice and consent is subject to the Mr. DASCHLE. Mr. President, at the States of America and the Government of following proviso, which shall not be in- close of business today, the Senate will the Republic of Philippines on Mutual Legal cluded in the instrument of ratification to be Assistance in Criminal Matters, signed at lose a valued and important part of the signed by the President: Manila on November 13, 1994. The Senate’s Democratic floor staff. Today, Kelly Nothing in the Treaty requires or author- advice and consent is subject to the fol- Riordan leaves the Senate to pursue a izes legislation or other action by the United lowing two provisos, which shall not be in- law degree at the University of Vir- States of America that is prohibited by the cluded in the instrument of ratification to be Constitution of the United States as inter- ginia in Charlottesville. signed by the President: preted by the United States. Kelly graduated from Northwestern Nothing in the Treaty requires or author- University and came to the Senate in EXTRADITION TREATY WITH MALAYSIA izes legislation or other action by the United August of 1989 to work in the mail States of America that is prohibited by the Resolved (two-thirds of the Senators present room for the former Senate majority Constitution of the United States as inter- concurring therein), That the Senate advise preted by the United States. and consent to the ratification of The Extra- leader, George Mitchell. She spent Pursuant to the rights of the United States dition Treaty Between the Government of much of the following 4 years in Sen- under this Treaty to deny requests which the United States of America and the Gov- ator Mitchell’s office working as a leg- prejudice its essential public policy or inter- ernment of the Malaysia, and a Related Ex- islative correspondent before she was est, the United States shall deny a request change of Notes signed at Kuala Lumpur on chosen to join the Democratic floor for assistance when the Central Authority, August 3, 1995. The Senate’s advice and con- staff in 1993. after consultation with all appropriate intel- sent is subject to the following proviso, Kelly has never forgotten where she ligence, anti-narcotic, and foreign policy which shall not be included in the instru- comes from. She was born in Livermore agencies, has specific information that a sen- ment of ratification to be signed by the ior government official who will have access President: Falls, ME, and worked hard for the to information to be provided under this Nothing in the Treaty requires or author- people of Maine during her time in Treaty is engaged in a felony, including the izes legislation or other action by the United Senator Mitchell’s office. There is no facilitation of the production or distribution States of America that is prohibited by the doubt she has made her parents and her of illegal drugs. Constitution of the United States as inter- family and her State proud through her EXTRADITION TREATY WITH HUNGARY preted by the United States. work here on the Senate floor. Resolved (two-thirds of the Senators present EXTRADITION TREATY WITH BOLIVIA She has proven herself to be a hard concurring therein), That the Senate advise Resolved (two-thirds of the Senators present working and loyal part of the Demo- and consent to the ratification of The Treaty concurring therein), That the Senate advise cratic floor staff. She has become a

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00208 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9663 true friend to many Senators and staff Mr. LOTT. Mr. President, I yield the respect to amounts for payments relating to on both sides of the aisle, and we all floor. the Federal acquisition of real property, and wish her well as she starts the next f for other purposes. chapter of her life. UNANIMOUS-CONSENT The PRESIDING OFFICER. Is there Congratulations, Kelly. AGREEMENT—S. 39 objection to the immediate consider- Mr. LOTT. Mr. President, I join the ation of the bill? distinguished minority leader in ex- Mr. STEVENS. Mr. President, I do There being no objection, the Senate tending best wishes. Kelly has been a thank the leader. I do now wish to pro- proceeded to consider the bill. pound a unanimous-consent agreement very valuable asset here in the Senate, AMENDMENT NO. 5155 for Calendar No. 422, which is S. 39, the mostly on the other side of the aisle, (Purpose: To amend the Impact Aid but she has a very pleasant person- Sustainable Fisheries Act. I ask unanimous consent that, on program.) ality. I have enjoyed visiting with her Mr. STEVENS. Mr. President, there on occasion. Wednesday, September 4, 1996, or there- after at a time to be determined by the is a substitute amendment at the desk f majority leader after consultation with and I ask for its immediate consider- AUTHORITY FOR COMMITTEES TO the Democratic leader, the Senate turn ation. REPORT to the immediate consideration of S. The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I ask unan- 39, Calendar 422, an act to amend the clerk will report. imous consent the committees have be- Magnuson Fishery Conservation and The assistant legislative clerk read tween 11 a.m. and 2 p.m. on Tuesday, Management Act, that debate on the as follows: August 27, to file legislative or execu- bill be limited to 1 hour equally divided The Senator from Alaska [Mr. STEVENS], tive reported legislation. in the usual form, and only the fol- for Mrs. KASSEBAUM, for herself, Mr. PRESS- The PRESIDING OFFICER. Without lowing amendments be in order to the LER, Mr. D’AMATO, Mr. KERREY, Mr. MOY- objection, it is so ordered. NIHAN, Mr. SIMPSON and Mrs. FRAHM, pro- bill: The committee substitute, a man- poses an amendment numbered 5155. f ager’s amendment to be offered by me, Mr. STEVENS. Mr. President, I ask UNANIMOUS-CONSENT Senator STEVENS, an amendment to be unanimous consent that the reading of AGREEMENT—H.R. 3396 offered by Senator HOLLINGS, an amendment to be offered by Senator the amendment be dispensed with. The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Without KERRY, up to two amendments to be of- jority leader is recognized. objection, it is so ordered. Mr. LOTT. Mr. President, we have fered by Senator MURRAY, up to two (The text of the amendment is print- worked out an agreement on the han- amendments to be offered by Senator ed in today’s RECORD under ‘‘Amend- dling of the Defense of Marriage Act WYDEN, and up to four amendments to ments Submitted.’’) legislation. be offered by Senator SNOWE. Again, we have worked together There shall be no more than 30 min- Mr. STEVENS. Mr. President, I ask through a lot of concerns. I think we utes, equally divided, on any one of the unanimous consent that the amend- have a fair agreement here. first- or second-degree amendments; ment be agreed to. I ask unanimous consent that on the committee substitute shall be con- The PRESIDING OFFICER. Without September 5, 1996, at 10 a.m., the Sen- sidered original text for the purpose of objection, the amendment is agreed to. ate proceed to the consideration of the other amendments; only relevant The amendment (No. 5155) was agreed H.R. 3396, the Defense of Marriage Act, second-degree amendments shall be in to. and it be considered under the fol- order to the amendments by Senators Mr. PRESSLER. Mr. President, I am proud to be a cosponsor of H.R. 3269, a lowing constraints: I ask that the time HOLLINGS, KERRY, MURRAY, SNOWE, and bill to make technical corrections in for debate on the bill be limited to 2 WYDEN; no other amendments, first or hours, to be equally divided in the second degree, shall be in order; all the law that governs the Impact Aid usual form, with 1 additional hour amendments shall be relevant to S. 39; Program. This bill represents the cul- under Senator BYRD’s control. that the time on second-degree amend- mination of months of hard work. I I ask that Senator KENNEDY or his ments be limited to 30 minutes each. would like to thank the Chair of the designee be recognized to offer up to Further I ask all points of order be Labor and Human Resources Com- four first-degree amendments; that waived and no other motions be in mittee, Senator KASSEBAUM for her Senator NICKLES or his designee be rec- order to this bill. diligent work in bringing this ex- ognized to offer up to four first-degree The PRESIDING OFFICER. Without tremely important bill to the floor. Her amendments; that time on the amend- objection, it is so ordered. efforts helped to ensure that federally ments be limited to 45 minutes equally Mr. STEVENS. Thank you very impacted schools will get the financial divided in the usual form, except that much. I am indebted to all the Sen- assistance they deserve and need. on the first Kennedy amendment there ators involved. Mr. President, I do be- Impact Aid is an important program be 90 minutes, with no other amend- lieve this will be one of the most sig- for many schools. Impact Aid is a Fed- ments or motions to refer in order; nificant acts passed by this Congress. eral responsibility. The program reim- that at the conclusion or yielding back It is a very significant thing as far as burses school districts that lost tax of time, the Senate vote on each my State and all coastal States are base due to a Federal presence, such as amendment; provided further that Sen- concerned. I am grateful to all con- a military base or Indian reservation. ator KENNEDY be recognized to offer cerned who have labored so hard today This program provides funds for day- the first amendment; and that the to get this agreement so we can pro- to-day school operations, such as buy- amendments be in order notwith- ceed with this in September. ing books and paying teachers. These standing the adoption of a previous Mr. STEVENS addressed the Chair. are not special funds for extra projects. amendment. The PRESIDING OFFICER. The Sen- This is a program based on the basic I further ask unanimous consent that ator from Alaska is recognized. principle of fairness. We should fund the amendments be submitted to each f the basics of education before we spend leader by 5 p.m. on Tuesday, September IMPACT AID TECHNICAL money on extra programs. 3, and that they be printed in the AMENDMENTS ACT OF 1996 The expeditious passage of this bill RECORD; provided further that either Mr. STEVENS. Mr. President, I ask today would ensure that many Feder- leader, following review of the sub- unanimous consent that the Senate ally impacted schools will have the mitted amendments, may void this proceed to the immediate consider- funds needed to keep their doors open, agreement after notification, prior to 5 ation of calendar No. 392, H.R. 3269. literally, this fall. School districts de- p.m. on Wednesday, September 4, 1996; The PRESIDING OFFICER. The pend on Impact Aid for basic operating that following disposition of all the clerk will report. expenses. This bill would ensure that amendments, the bill be read for a The assistant legislative clerk read payments are made in a timely man- third time. as follows: ner. The PRESIDING OFFICER. Without A bill (H.R. 3269) to amend the Impact Aid I am particularly concerned about objection, it is so ordered. program to provide for a hold-harmless with Section 2 of the Impact Aid program as

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00209 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9664 CONGRESSIONAL RECORD — SENATE August 2, 1996 it pertains to two school districts in gram. Obtaining the appropriate level (6) by inserting ‘‘The term’’ after each para- South Dakota. Specifically, without of funding is a struggle every year. graph heading; and passage of this critical bill, two South There will be more battles over impact (7) by striking the semicolon at the end of Dakota schools, Bonesteel-Fairfax and aid funding. I’m ready. I will continue each paragraph and ‘‘; and’’ at the end of para- graphs (35) and (38) and inserting a period. Wagner, could stand to lose together to fight for our Nation’s children and SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. almost $1 million. That must not be al- federally impacted school districts. Section 104 of title 11, United States Code, is lowed to happen. Essentially, the bill This is my commitment to those amended by inserting ‘‘522(f)(3),’’ after before us would allow these school dis- schools and the familes they serve. ‘‘522(d),’’ each place it appears. tricts to claim eligibility under Sec- Again, I thank the chair of the Labor SEC. 4. COMPENSATION TO OFFICERS. tion 8003. The Bonesteel-Fairfax and and Human Resources Committee, its Section 330(a) of title 11, United States Code, Wagner districts were in fact eligible ranking member and their counter- is amended— for Impact Aid funds, but were unaware parts in the House for their good work (1) in paragraph (1), by inserting ‘‘, or the of their eligibility because of a change to get this bill through Congress and to debtor’s attorney’’ after ‘‘1103’’; and in the Federal statute. Unfortunately, the President. This bill enjoys wide- (2) in paragraph (3), by striking ‘‘(3)(A) In’’ the Department of Education could not spread, bipartisan support. With the and inserting ‘‘(3) In’’. allow these districts to amend their ap- support of my colleagues, we can fulfill SEC. 5. EFFECT OF CONVERSION. Section 348(f)(2) of title 11, United States plications. Consequently, they were de- our legislative responsibility to feder- Code, is amended by inserting ‘‘of the estate’’ nied funds that they deserved due to ally impacted school districts and pass after ‘‘property’’ the first place it appears. the simple error of not checking the this impact aid technical corrections. SEC. 6. EXECUTORY CONTRACTS AND UNEXPIRED proper eligibility box. This bill would Mr. STEVENS. Mr. President, I ask LEASES. correct this situation and provide these unanimous consent that the bill be Section 365 of title 11, United States Code, is districts the opportunity to reapply for deemed read the third time and passed, amended— Impact Aid funds. As always, I will the motion to reconsider be laid upon (1) in subsection (c)— fight to see that both these schools and the table, and any statements relating (A) in paragraph (2), by adding ‘‘or’’ at the end; all other federally impacted schools in to the bill be placed at the appropriate (B) in paragraph (3), by striking ‘‘or’’ at the South Dakota get the funding they place in the RECORD. end and inserting a period; and need under the Impact Aid program. The PRESIDING OFFICER. Without (C) by striking paragraph (4); This is the fair thing to do. It was not objection, it is so ordered. (2) in subsection (d), by striking paragraphs the intention of Congress to deny The bill (H.R. 3269) was deemed read (5) through (9); and schools funds due to administrative er- the third time and passed, as amended. (3) in subsection (f)(1), by striking ‘‘; except that’’ and all that follows through the end of rors or technical oversights. Quite sim- f the paragraph and inserting a period. ply, this is a fairness issue. BANKRUPTCY TECHNICAL SEC. 7. ALLOWANCE OF ADMINISTRATIVE EX- The bill before us would not create CORRECTIONS ACT OF 1996 PENSES. new criteria to implement the intent of Mr. STEVENS. Mr. President, I ask Section 503(b)(4) of title 11, United States Congress. These technical corrections Code, is amended by inserting ‘‘subparagraph permit the Department of Education to unanimous consent that the Senate (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph administer the Impact Aid program proceed to the consideration of cal- (3)’’. consistent with the intent of Congress. endar No. 434, S. 1559. SEC. 8. PRIORITIES. The PRESIDING OFFICER. The The technical amendments provide re- Section 507(a)(7) of title 11, United States clerk will report. course for the schools to receive funds Code, is amended by inserting ‘‘unsecured’’ The assistant legislative clerk read to which they are entitled under the after ‘‘allowed’’. as follows: intent of the law. SEC. 9. EXEMPTIONS. I am pleased that we are taking ac- A bill (S. 1559) to make technical correc- Section 522 of title 11, United States Code, is tions to title 11, United States Code, and for amended— tion on this legislation. The schools other purposes. (1) in each of subsections (b)(1) and (d)(10)(E), that would benefit from this bill need The PRESIDING OFFICER. Is there by striking ‘‘unless’’ and inserting ‘‘but only to and deserve the assistance. The Federal objection to the immediate consider- the extent that’’; Government has placed these schools ation of the bill? (2) in subsection (f)(1)(A)(ii)(II), by striking in a very difficult position, through no ‘‘support.;’’ and inserting ‘‘support;’’; and There being no objection, the Senate (3) in subsection (g)(2), by striking ‘‘sub- fault of their own. That’s why impact proceeded to consider the bill, which aid must remain a top Federal respon- section (f)(2)’’ and inserting ‘‘subsection had been reported from the Committee (f)(1)(B)’’. sibility. on the Judiciary, with an amendment Unfortunately, getting this bill SEC. 10. EXCEPTIONS TO DISCHARGE. to strike all after the enacting clause through has not been easy, in part be- Section 523(a)(3) of title 11, United States and insert in lieu thereof the following: Code, is amended by striking ‘‘or (6)’’ each place cause the current administration does Be it enacted by the Senate and House of Rep- it appears and inserting ‘‘(6), or (15)’’; not have its priorities straight. For the resentatives of the United States of America in SEC. 11. PROTECTION AGAINST DISCRIMINATORY fourth consecutive year, the Clinton Congress assembled, TREATMENT. administration’s budget called for the SECTION 1. SHORT TITLE. Section 525(c) of title 11, United States Code, Federal Government to lessen its com- This Act may be cited as the ‘‘Bankruptcy is amended— mitment to impact aid. For the next Technical Corrections Act of 1996’’. (1) in paragraph (1), by inserting ‘‘student’’ year, the Clinton administration re- SEC. 2. DEFINITIONS. before ‘‘grant’’ the second place it appears; and quested only $617 million for impact Section 101 of title 11, United States Code, is (2) in paragraph (2), by striking ‘‘the program amended— operated under part B, D, or E of’’ and insert- aid. It recommended the elimination of (1) by striking ‘‘In this title—’’ and inserting ing ‘‘any program operated under’’. payments for Federal lands. This ‘‘In this title:’’; SEC. 12. PROPERTY OF THE ESTATE. means 23 South Dakota school districts (2) in paragraph (51B)— Section 541(b)(4)(B)(ii) of title 11, United would not have been eligible for Fed- (A) by inserting ‘‘family farms or’’ after States Code (as added by section 208(b) of the eral funds. That is wrong. How can ‘‘other than’’; and Bankruptcy Reform Act of 1994), is amended by (B) by striking all after ‘‘thereto’’ and insert- President Clinton claim he is the edu- inserting ‘‘365 or’’ before ‘‘542’’. ing a semicolon; cation President when his budgets (3) by reordering the paragraphs so that the SEC. 13. LIMITATIONS ON AVOIDING POWERS. would deny the most basic needs to terms defined in the section are in alphabetical Subsection (g) of section 546 of title 11, United schools in South Dakota? Federally order and redesignating the paragraphs accord- States Code, as added by section 222(a) of the impacted districts and the children ingly; Bankruptcy Reform Act of 1994 (108 Stat. 4129), they serve cannot withstand further re- (4) in paragraph (37)(B) (defining insured de- is redesignated as subsection (h). ductions in the program. pository institution), as redesignated by para- SEC. 14. LIABILITY OF TRANSFEREE OF AVOIDED It is my understanding that the graph (3) of this section, by striking ‘‘para- TRANSFER. (a) IN GENERAL.—Section 550(c) of title 11, President will not sign this legislation, graphs (21B) and (33)(A)’’ and inserting ‘‘para- graphs (23) and (35)(A)’’; United States Code, is amended— but allow it to become law. This is yet (5) in each paragraph, by inserting a heading, (1) in paragraph (1), by striking ‘‘avoided another indication of the administra- the text of which is comprised of the term de- under section 547(b)’’ and inserting ‘‘avoidable tion’s hostility to the Impact Aid Pro- fined in the paragraph; under section 547’’; and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00210 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9665 (2) in the matter following paragraph (2), by (A) in clause (i)— SEC. . LIMITATION. striking ‘‘recover under subsection (a) from a (i) in subclause (II), by striking ‘‘October 1, Section 522 of title 11, United States Code, transferee that is not an insider’’ and inserting 2002’’ and inserting ‘‘October 1, 2012’’; and as amended by section 9, is further amend- ‘‘avoid under section 547 such transfer, to the (ii) in the matter following subclause (II), by ed— extent that such transfer was made for the ben- striking ‘‘October 1, 2003’’ and inserting ‘‘Octo- (1) in subsection (b)(2)(A), by inserting efit of a transferee that was not an insider at ber 1, 2013’’; and ‘‘subject to subsection (n),’’ before ‘‘any the time of such transfer, or recover under sub- (B) in clause (ii), in the matter following sub- property’’; and section (a) from a transferee that was not an in- clause (II), by striking ‘‘October 1, 2003’’ and in- (2) by adding at the end the following new sider at the time of such transfer’’. serting ‘‘October 1, 2013’’. subsection: (b) CONFORMING AMENDMENT.—Section 547(b) SEC. 25. KNOWING DISREGARD OF BANKRUPTCY ‘‘(n) As a result of electing under sub- of title 11, United States Code, is amended by in- LAW OR RULE. section (b)(2)(A) to exempt property under serting ‘‘or in section 550(c) of this title’’ after Section 156(a) of title 18, United States Code, State or local law, a debtor may not exempt ‘‘subsection (c) of this section’’. is amended by striking ‘‘case under this title’’ an aggregate interest of more than $500,000 SEC. 15. SETOFF. and inserting ‘‘case under title 11’’. in value in— ‘‘(1) real or personal property that the Section 553(b)(1) is amended by striking SEC. 26. BANKRUPTCY CASES AND PROCEEDINGS. debtor or a dependent of the debtor uses as a ‘‘362(b)(14)’’ and inserting ‘‘362(b)(17)’’. Section 1334(d) of title 28, United States Code, is amended— residence; SEC. 16. DISPOSITION OF PROPERTY OF THE ES- ‘‘(2) a cooperative that owns property that (1) by striking ‘‘made under this subsection’’ TATE. the debtor or a dependent of the debtor uses Section 726(b) is amended by striking ‘‘1009,’’. and inserting ‘‘made under subsection (c)’’; and (2) by striking ‘‘This subsection’’ and insert- as a residence; or SEC. 17. GENERAL PROVISIONS. ‘‘(3) a burial plot for the debtor or a de- ing ‘‘Subsection (c)’’. Section 901(a) of title 11, United States Code, pendent of the debtor.’’. is amended by inserting ‘‘1123(d),’’ after SEC. 27. EFFECTIVE DATE OF AMENDMENTS. ‘‘1123(b),’’. (a) IN GENERAL.—Except as provided in sub- AMENDMENT NO. 5154 section (b) of this section, the amendments made SEC. 18. PAYMENTS. (Purpose: To amend Title 11 of the United by this Act shall apply to all cases pending on Section 1226(b)(2) is amended— States Code) the date of enactment of this Act or commenced (1) by striking ‘‘1202(c) of this title’’ and in- on or after the date of enactment of this Act. SECTION 1. serting ‘‘586(b) of title 28’’; and (b) EXCEPTION.—The amendment made by sec- ‘‘Section 27’’, on page 15, line 3, is redesig- (2) by striking ‘‘1202(d) of this title’’ and in- tion 2(2)(B) of this Act shall apply to all cases nated ‘‘Section 28’’. serting ‘‘586(e)(1)(B) of title 28’’. commenced on or after the date of enactment of SEC. 2. SEC. 19. DISCHARGE. this Act. On page 15, line 3 insert the following: Section 1228 of title 11, United States Code, is AMENDMENTS NOS. 5151, 5152, 5153, AND 5154, EN ‘‘SEC. 27. STANDING TRUSTEES. amended by striking ‘‘1222(b)(10)’’ each place it BLOC (a) Section 330 of Title 11 of the United appears and inserting ‘‘1222(b)(9)’’. Mr. STEVENS. Mr. President, there States Code is amended by adding to the end SEC. 20. CONTENTS OF PLAN. are four amendments at the desk of- thereof the following: Section 1322 of title 11, United States Code, is ‘‘(e) Upon the request of a trustee ap- amended— fered by Senators HEFLIN, GRASSLEY, pointed under Section 586(b) of Title 28, and (1) in subsection (b), by striking ‘‘(c)’’ and in- KOHL, and COVERDELL. I ask that the after all available administrative remedies serting ‘‘(d)’’; and amendments be considered en bloc. have been exhausted, the district court in (2) in subsection (e), by striking the comma The PRESIDING OFFICER. Without the district in which the trustee resides shall after ‘‘default’’ the second place it appears. objection, it is so ordered. The clerk have the exclusive authority, notwith- SEC. 21. DISCHARGE. will report. standing Section 326(b) of this title, to re- Section 1328(a) of title 11, United States Code, The assistant legislative clerk read view the determination of the actual, nec- is amended by striking all after ‘‘except any as follows: essary expenses of the standing trustee. In debt—’’ and inserting the following: reviewing the determination, the district The Senator from Alaska [Mr. STEVENS] ‘‘(1) provided for under section 1322(b)(5) of court shall accord substantial deference to proposes amendments numbered 5151, 5152, the determination made by the Attorney this title; 5153, and 5154, en bloc. ‘‘(2) of the kind specified in paragraph (5), General, and may reverse the determination (8), or (9) of section 523(a) of this title; or Mr. STEVENS. Mr. President, I ask only if the Attorney General has abused his ‘‘(3) for restitution, or a criminal fine, in- unanimous consent that the reading of or her discretion.’’ cluded in a sentence on the debtor’s conviction the amendments be dispensed with. (b) Section 324 of Title 11, United States of a crime.’’. The PRESIDING OFFICER. Without Code, is amended by adding to the end there- of the following: SEC. 22. BANKRUPTCY REVIEW COMMISSION. objection, it is so ordered. ‘‘(c)(1) Notwithstanding any provision of Section 604 of the Bankruptcy Reform Act of The amendments are as follows: Section 586 of Title 28, in the event the 1994 (108 Stat. 4147) is amended— AMENDMENT NO. 5151 United States Trustee ceases assigning cases (1) by striking subsection (g); and (Purpose: To make technical changes) to a trustee appointed under Section 586(b) of (2) by redesignating subsection (h) as sub- Title 28, the trustee, after exhausting all section (g). On page 9 of the Committee amendment, strike lines 11 through 17 and insert the fol- available administrative remedies, may seek SEC. 23. APPOINTMENT OF TRUSTEE. lowing: judicial review of the decision in the district Section 1104(b) of title 11, United States Code, (1) in subsection (f)(1)(A)— court in the district in which the trustee re- is amended— (A) in the matter preceding clause (i), by sides. The district court shall accord sub- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and striking ‘‘; or’’ at the end; and stantial deference to the determination (2) by adding at the end the following new (B) in clause (ii), by striking the period at made by the United States Trustee, and may paragraph: the end and inserting ‘‘; or’’; and reverse the determination only if the United ‘‘(2)(A) If an eligible, disinterested trustee is (2) in subsection (g)(2), by striking ‘‘sub- States Trustee has abused his or her discre- elected at a meeting of creditors under para- section (f)(2)’’ and inserting ‘‘subsection tion.’’ graph (1), the United States trustee shall file a (f)(1)(B)’’. ‘‘(2) Notwithstanding any other provision report certifying that election. Upon the filing of law, the district court may order interim of a report under the preceding sentence— AMENDMENT NO. 5152 relief under this paragraph only if the court ‘‘(i) the trustee elected under paragraph (1) concludes, viewing all facts most favorably (Purpose: To bolster criminal law enforce- shall be considered to have been selected and to the United States Trustee, that there was ment of child support orders in cases in- appointed for purposes of this section; and no basis for the United States Trustee’s deci- volving bankruptcy proceedings) ‘‘(ii) the service of any trustee appointed sion to cease assigning cases to the trustee. under subsection (d) shall terminate. At the appropriate place in the Committee The denial of a request for interim relief ‘‘(B) In the case of any dispute arising out of amendment, insert the following new sec- shall be final and shall not be subject to fur- an election under subparagraph (A), the court tion: ther review.’’ shall resolve the dispute.’’. SEC. . ENFORCEMENT OF CHILD SUPPORT. Mr. STEVENS. Mr. President, I ask SEC. 24. EXTENSIONS. Section 362(b)(1) of title 11, United States unanimous consent that the amend- Section 302(d)(3) of the Bankruptcy, Judges, Code, is amended by inserting before the semicolon the following: ‘‘(including the ments be considered agreed to, en bloc. United States Trustees, and Family Farmer The PRESIDING OFFICER. Without Bankruptcy Act of 1986 (28 U.S.C. 581 note) is criminal enforcement of a judicial order re- amended— quiring the payment of child support)’’. objection, it is so ordered. (1) in subparagraph (A), in the matter fol- The amendments (Nos. 5151, 5152, lowing clause (ii), by striking ‘‘October 1, 2002’’ AMENDMENT NO. 5153 5153, and 5154) were agreed to, en bloc. and inserting ‘‘October 1, 2012’’; and At the appropriate place, insert the fol- Mr. STEVENS. Mr. President, I ask (2) in subparagraph (F)— lowing new section: unanimous consent that the committee

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00211 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9666 CONGRESSIONAL RECORD — SENATE August 2, 1996 substitute be agreed to, the bill be SECTION 1. SHORT TITLE. (6) build upon and complement the Chief Fi- deemed read the third time and passed, This Act may be cited as the ‘‘Federal Finan- nancial Officers Act of 1990 (Public Law 101– as amended, the motion to reconsider cial Management Improvement Act of 1996’’. 576; 104 Stat. 2838), the Government Perform- be laid upon the table, and any state- SEC. 2. FINDINGS AND PURPOSES. ance and Results Act of 1993 (Public Law 103– (a) FINDINGS.—The Congress finds the fol- 62; 107 Stat. 285), and the Government Manage- ments relating to the bill appear at the lowing: ment Reform Act of 1994 (Public Law 103–356; appropriate place in the RECORD. (1) Much effort has been devoted to strength- 108 Stat. 3410); and The PRESIDING OFFICER. Without ening Federal internal accounting controls in (7) increase the capability of agencies to mon- objection, it is so ordered. the past. Although progress has been made in itor execution of the budget by more readily per- The bill (S. 1559), as amended, was recent years, Federal accounting standards mitting reports that compare spending of re- deemed read the third time and passed. have not been uniformly implemented in finan- sources to results of activities. cial management systems for agencies. (The text of the bill will be printed in SEC. 3. IMPLEMENTATION OF FEDERAL FINAN- (2) Federal financial management continues CIAL MANAGEMENT IMPROVEMENTS. a future edition of the RECORD.) to be seriously deficient, and Federal financial (a) IN GENERAL.—Each agency shall imple- REAUTHORIZATION OF THE INDIAN ENVIRON- management and fiscal practices have failed ment and maintain financial management sys- MENTAL GENERAL ASSISTANCE PROGRAM ACT to— tems that comply with Federal financial man- (A) identify costs fully; Mr. STEVENS. Mr. President, I ask agement systems requirements, applicable Fed- (B) reflect the total liabilities of congressional eral accounting standards, and the United unanimous consent that the Senate actions; and proceed to the consideration of cal- (C) accurately report the financial condition States Government Standard General Ledger at endar No. 544, S. 1834. of the Federal Government. the transaction level. The PRESIDING OFFICER. The (3) Current Federal accounting practices do (b) PRIORITY.—Each agency shall give priority in funding and provide sufficient resources to clerk will report. not accurately report financial results of the Federal Government or the full costs of pro- implement this Act. The assistant legislative clerk read (c) AUDIT COMPLIANCE FINDING.— as follows: grams and activities. The continued use of these practices undermines the Government’s ability (1) IN GENERAL.—Each audit required by sec- A bill (S. 1834) to reauthorize the Indian to provide credible and reliable financial data tion 3521(e) of title 31, United States Code, shall Environmental General Assistance Program and encourages already widespread Government report whether the agency financial manage- Act of 1992, and for other purposes. waste, and will not assist in achieving a bal- ment systems comply with the requirements of The PRESIDING OFFICER. Is there anced budget. subsection (a). (4) Waste and inefficiency in the Federal Gov- (2) CONTENT OF REPORTS.—When the person objection to the immediate consider- performing the audit required by section 3521(e) ation of the bill? ernment undermine the confidence of the Amer- ican people in the Government and reduce the of title 31, United States Code, reports that the There being no objection, the Senate Federal Government’s ability to address vital agency financial management systems do not proceeded to consider the bill. public needs adequately. comply with the requirements of subsection (a), Mr. STEVENS. Mr. President, I ask (5) To rebuild the accountability and credi- the person performing the audit shall include in unanimous consent that the bill be bility of the Federal Government, and restore the report on the audit— deemed read a third time, passed, the public confidence in the Federal Government, (A) the name and position of any officer or agencies must incorporate accounting standards employee responsible for the financial manage- motion to reconsider be laid upon the ment systems that have been found not to com- table, and any statements relating to and reporting objectives established for the Fed- eral Government into their financial manage- ply with the requirements of subsection (a); the bill appear at the appropriate place ment systems so that all the assets and liabil- (B) all facts pertaining to the failure to com- in the RECORD. ities, revenues, and expenditures or expenses, ply with the requirements of subsection (a), in- The PRESIDING OFFICER. Without and the full costs of programs and activities of cluding— objection, it is so ordered. the Federal Government can be consistently and (i) the nature and extent of the noncompli- The bill (S. 1834) was deemed read the accurately recorded, monitored, and uniformly ance; (ii) the primary reason or cause of the non- third time and passed, as follows: reported throughout the Federal Government. (6) Since its establishment in October 1990, the compliance; S. 1834 Federal Accounting Standards Advisory Board (iii) any official responsible for the noncompli- Be it enacted by the Senate and House of Rep- (hereinafter referred to as the ‘‘FASAB’’) has ance; and resentatives of the United States of America in made substantial progress toward developing (iv) any relevant comments from any respon- Congress assembled, and recommending a comprehensive set of ac- sible officer or employee; and SECTION 1. REAUTHORIZATION. counting concepts and standards for the Federal (C) a statement with respect to the rec- Section 502(h) of the Indian Environmental Government. When the accounting concepts and ommended remedial actions and the timeframes General Assistance Program Act of 1992 (42 standards developed by FASAB are incorporated to implement such actions. (d) COMPLIANCE DETERMINATION.— U.S.C. 4368b(h)) is amended by striking into Federal financial management systems, (1) IN GENERAL.—No later than the date de- ‘‘$15,000,000’’ and inserting ‘‘such sums as agencies will be able to provide cost and finan- scribed under paragraph (2), the Director, act- may be necessary’’. cial information that will assist the Congress ing through the Controller of the Office of Fed- f and financial managers to evaluate the cost and performance of Federal programs and activities, eral Financial Management, shall determine FEDERAL FINANCIAL MANAGE- and will therefore provide important informa- whether the financial management systems of MENT IMPROVEMENT ACT OF tion that has been lacking, but is needed for im- an agency comply with the requirements of sub- section (a). Such determination shall be based 1996 proved decisionmaking by financial managers and the Congress. on— Mr. STEVENS. Mr. President, I ask (7) The development of financial management (A) a review of the report on the applicable unanimous consent that the Senate systems with the capacity to support these agency-wide audited financial statement; proceed to the consideration of cal- standards and concepts will, over the long term, (B) the agency comments on such report; and (C) any other information the Director con- improve Federal financial management. endar No. 548, S. 1130. siders relevant and appropriate. The PRESIDING OFFICER. The (b) PURPOSES.—The purposes of this Act are to— (2) DATE OF DETERMINATION.—The determina- clerk will report. (1) provide for consistency of accounting by tion under paragraph (1) shall be made no later The assistant legislative clerk read an agency from one fiscal year to the next, and than 90 days after the earlier of— as follows: uniform accounting standards throughout the (A) the date of the receipt of an agency-wide A bill (S. 1130) to provide for the establish- Federal Government; audited financial statement; or ment of uniform accounting systems, stand- (2) require Federal financial management sys- (B) the last day of the fiscal year following ards and reporting systems in the Federal tems to support full disclosure of Federal finan- the year covered by such statement. (e) COMPLIANCE IMPLEMENTATION.— Government, and for other purposes. cial data, including the full costs of Federal programs and activities, to the citizens, the Con- (1) IN GENERAL.—If the Director determines The PRESIDING OFFICER. Is there gress, the President, and agency management, that the financial management systems of an objection to the immediate consider- so that programs and activities can be consid- agency do not comply with the requirements of ation of the bill? ered based on their full costs and merits; subsection (a), the head of the agency, in con- There being no objection, the Senate (3) increase the accountability and credibility sultation with the Director, shall establish a re- proceeded to consider the bill, which of Federal financial management; mediation plan that shall include the resources, had been reported from the Committee (4) improve performance, productivity and ef- remedies, and intermediate target dates nec- essary to bring the agency’s financial manage- on Governmental Affairs, with an ficiency of Federal Government financial man- agement; ment systems into compliance. amendment to strike all after the en- (5) establish financial management systems to (2) TIME PERIOD FOR COMPLIANCE.—A remedi- acting clause and insert in lieu thereof support controlling the cost of Federal Govern- ation plan shall bring the agency’s financial the following: ment; management systems into compliance no later

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00212 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9667 than 2 years after the date on which the Direc- and accounting standards in a manner com- (C) accumulating and reporting costs informa- tor makes a determination under paragraph (1), parable to the requirements of this Act; and tion; or unless the agency, with concurrence of the Di- (2) the Chief Justice of the United States shall (D) supporting the preparation of financial rector— conduct a study and submit a report to Congress statements. (A) determines that the agency’s financial on how the judiciary may achieve compliance (6) MIXED SYSTEM.—The term ‘‘mixed system’’ management systems are so deficient as to pre- with financial management and accounting means an information system that supports both clude compliance with the requirements of sub- standards in a manner comparable to the re- financial and nonfinancial functions of the section (a) within 2 years; quirements of this Act. Federal Government or components thereof. (B) specifies the most feasible date for bring- SEC. 5. REPORTING REQUIREMENTS. SEC. 8. EFFECTIVE DATE. ing the agency’s financial management systems (a) REPORTS BY DIRECTOR.—No later than This Act shall take effect on October 1, 1996. into compliance with the requirements of sub- March 31 of each year, the Director shall submit Mr. BROWN. Mr. President, several section (a); and a report to the Congress regarding implementa- years ago, in an effort to identify ex- (C) designates an official of the agency who tion of this Act. The Director may include the cess spending in the federal budget, I shall be responsible for bringing the agency’s fi- report in the financial management status re- inquired as to overhead costs in federal nancial management systems into compliance port and the 5-year financial management plan with the requirements of subsection (a) by the programs. I was advised that the fed- submitted under section 3512(a)(1) of title 31, eral accounting system makes it im- date specified under subparagraph (B). United States Code. RANSFER OF FUNDS FOR CERTAIN IMPROVE (3) T - (b) REPORTS BY THE COMPTROLLER GEN- possible to identify overhead expenses MENTS .—For an agency that has established a ERAL.—No later than October 1, 1997, and Octo- for most federal operations. The Fed- remediation plan under paragraph (2), the head ber 1, of each year thereafter, the Comptroller eral Government, it turned out, has of the agency, to the extent provided in an ap- General of the United States shall report to the over two hundred separate primary ac- propriation and with the concurrence of the Di- appropriate committees of the Congress con- counting systems, making it impos- rector, may transfer not to exceed 2 percent of cerning— sible to compare something as basic as available agency appropriations to be merged (1) compliance with the requirements of sec- with and to be available for the same period of overhead costs. tion 3(a) of this Act, including whether the fi- Worse, many of these systems are time as the appropriation or fund to which nancial statements of the Federal Government transferred, for priority financial management have been prepared in accordance with applica- shamefully inadequate even on their system improvements. Such authority shall be ble accounting standards; and own terms. A 1995 General Accounting used only for priority financial management (2) the adequacy of uniform accounting stand- Office report reveals that the Pentagon system improvements as identified by the head ards for the Federal Government. made more than $400 billion in adjust- of the agency, with the concurrence of the Di- SEC. 6. CONFORMING AMENDMENTS. ments to correct errors in defense re- rector, and in no case for an item for which (a) AUDITS BY AGENCIES.—Section 3521(f)(1) of Congress has denied funds. The head of the porting data for fiscal years 1991 to title 31, United States Code, is amended in the agency shall notify Congress 30 days before 1993—and the resulting statements still first sentence by inserting ‘‘and the Controller such a transfer is made pursuant to such au- were not reliable. The Pentagon paid of the Office of Federal Financial Management’’ thority. vendors $29 billion that could not be before the period. (4) REPORT IF NONCOMPLIANCE WITHIN TIME matched with supporting documents to (b) FINANCIAL MANAGEMENT STATUS RE- PERIOD.—If an agency fails to bring its financial PORT.—Section 3512(a)(2) of title 31, United determine if these payments were prop- management systems into compliance within the States Code, is amended by— er. The Pentagon made an estimated $3 time period specified under paragraph (2), the (1) in subparagraph (D) by striking ‘‘and’’ million in fraudulent payments to a Director shall submit a report of such failure to after the semicolon; the Committees on Governmental Affairs and former Navy supply officer for more (2) by redesignating subparagraph (E) as sub- Appropriations of the Senate and the Commit- than 100 false invoice claims, and ap- paragraph (F); and tees on Government Reform and Oversight and proximately $8 million in Army payroll (3) by inserting after subparagraph (D) the Appropriations of the House of Representatives. payments were made to unauthorized following: The report shall include— ‘‘(E) a listing of agencies whose financial persons, including six ‘‘ghost’’ soldiers (A) the name and position of any officer or management systems do not comply substan- and 76 deserters. employee responsible for the financial manage- tially with the requirements of the Federal Fi- The Internal Revenue Service offers ment systems that have been found not to com- nancial Management Improvement Act of 1996, another disturbing example of poor fi- ply with the requirements of subsection (a); the period of time that such agencies have not (B) the facts pertaining to the failure to com- nancial management and its con- been in compliance, and a summary statement of ply with the requirements of subsection (a), in- sequences. The General Accounting Of- the efforts underway to remedy the noncompli- cluding the nature and extent of the noncompli- fice testified before the Governmental ance; and’’. ance, the primary reason or cause for the failure Affairs Committee on June 6, 1996 that to comply, and any extenuating circumstances; SEC. 7. DEFINITIONS. despite years of criticism, ‘‘funda- (C) a statement of the remedial actions need- For purposes of this Act: mental, persistent problems remain un- (1) AGENCY.—The term ‘‘agency’’ means a de- ed; and corrected’’ at the IRS. For example, (D) a statement of any administrative action partment or agency of the United States Govern- to be taken with respect to any responsible offi- ment as defined in section 901(b) of title 31, the IRS cannot substantiate the cer or employee. United States Code. amounts reported for specific types of (f) PERSONAL RESPONSIBILITY.—Any financial (2) DIRECTOR.—The term ‘‘Director’’ means taxes collected, such as social security officer or program manager who knowingly and the Director of the Office of Management and taxes, income taxes, and excise taxes. willfully commits, permits, or authorizes mate- Budget. The IRS cannot even verify a signifi- rial deviation from the requirements of sub- (3) FEDERAL ACCOUNTING STANDARDS.—The cant portion of its own nonpayroll op- section (a) may be subject to administrative dis- term ‘‘Federal accounting standards’’ means ap- plicable accounting principles, standards, and erating expenses, which total $3 billion. ciplinary action, suspension from duty, or re- One can hardly resist observing that moval from office. requirements consistent with section 902(a)(3)(A) this is the agency that demands preci- SEC. 4. APPLICATION TO CONGRESS AND THE JU- of title 31, United States Code, and includes DICIAL BRANCH. concept statements with respect to the objectives sion from every taxpayer in America. (a) IN GENERAL.—The Federal financial man- of Federal financial reporting. The General Accounting Office also agement requirements of this Act may be adopt- (4) FINANCIAL MANAGEMENT SYSTEMS.—The reports that the Medicare program is ed by— term ‘‘financial management systems’’ includes undermined by flawed payment poli- (1) the Senate by resolution as an exercise of the financial systems and the financial portions cies, weak billing controls and incon- the rulemaking power of the Senate; of mixed systems necessary to support financial sistent program management. In- management, including automated and manual (2) the House of Representatives by resolution stances of fraud and abuse abound in as an exercise of the rulemaking power of the processes, procedures, controls, data, hardware, House of Representatives; or software, and support personnel dedicated to the $190 billion program. In a January (3) the Judicial Conference of the United the operation and maintenance of system func- 1996 report, GAO detailed a long list of States by regulation for the judicial branch. tions. frauds. They include a $4.3 million (b) STUDY AND REPORT.—No later than Octo- (5) FINANCIAL SYSTEM.—The term ‘‘financial overpayment to a company providing ber 1, 1997— system’’ includes an information system, com- heart monitoring services as well as (1) the Secretary of the Senate and the Clerk prised of one or more applications, that is used 4,000 fraudulent claims by a Medicare of the House of Representatives shall jointly for— supplier totaling approximately $1.5 conduct a study and submit a report to Congress (A) collecting, processing, maintaining, trans- on how the offices and committees of the Senate mitting, or reporting data about financial million. GAO discovered that frauds and the House of Representatives, and all of- events; like these are perpetrated on a vast fices and agencies of the legislative branch may (B) supporting financial planning or budg- scale; one recently uncovered was oper- achieve compliance with financial management eting activities; ating across 20 states. The GAO report

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00213 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9668 CONGRESSIONAL RECORD — SENATE August 2, 1996 locates the root of the problem in fi- to account for their financial oper- the enacting clause and insert in lieu nancial management: ‘‘[O]ur work ations. Accordingly, the bill requires thereof the following: shows that outlandish charges or very agencies to comply with applicable ac- SECTION 1. SHORT TITLE. large reimbursements routinely escape counting standards and systems re- This Act may be cited as the ‘‘National Envi- the controls and typically go unques- quirements. ronmental Education Amendments Act of 1996’’. tioned.’’ Even when fraudulent billing The legislation further requires audi- SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION. is discovered, Medicare usually has tors to identify agencies with deficient Section 4 of the National Environmental Edu- paid out the money and rarely acts ef- financial management systems. This cation Act (20 U.S.C. 5503) is amended— (1) in subsection (b)— fectively to recover it. puts added teeth in the CFO Act finan- (A) in paragraph (1) by inserting after ‘‘sup- Together the Department of Defense, cial statement process, and will lead to port’’ the following: ‘‘balanced and scientif- the IRS, and the Medicare Program are practical remediation steps, to be over- ically sound’’; just a small part of a government so seen by OMB. I am concerned, however, (B) by striking paragraph (6); massive and complex that it controls that the legislation’s requirements for (C) by redesignating paragraphs (7) through and directs cash resources of almost $2 auditors to identify officials respon- (13) as paragraphs (6) through (12), respectively; trillion per year, issuing 900 million sible for agency financial systems may and checks and maintaining a payroll and have the untoward consequence of in- (D) in paragraph (12) (as so redesignated), by inserting before the period the following: benefits system for over 5 million gov- timidating our civil servants. ‘‘through the headquarters and the regional of- ernment employees. Clearly it is im- If this requirement is used to identify fices of the Agency’’; and perative that the government use a specific decisions that have frustrated (2) by striking subsection (c) and inserting the uniform and widely accepted set of ac- the development of needed financial following: counting standards across the hundreds management reforms, it will be a suc- ‘‘(c) STAFF.—The Office of Environmental of agencies and departments that make cess. It will also be a success if it cre- Education shall— up this government. ates incentives for improved training ‘‘(1) include a headquarters staff of not more than 10 full-time equivalent employees; and Today we are taking a great step to- for financial management personnel. If, ‘‘(2) be supported by 1 full-time equivalent em- ward putting Federal financial man- however, it is used to unfairly blame ployee in each Agency regional office. agement in order. The Federal Finan- managers who are constrained by re- ‘‘(d) ACTIVITIES.—The Administrator may cial Management Improvement Act of source or policy decisions made above carry out the activities specified in subsection 1996 requires that all Federal agencies them, whether in the agency or by Con- (b) directly or through awards of grants, cooper- implement and maintain uniform ac- gress, then we will have to revisit this ative agreements, or contracts.’’. counting standards. The result will be requirement. At this point, however, I SEC. 3. ENVIRONMENTAL EDUCATION GRANTS. more accurate and reliable information believe that on balance the time has Section 6 of the National Environmental Edu- for program managers and leaders in come to demand more accountability cation Act (20 U.S.C. 5505) is amended— (1) in the second sentence of subsection (i), by Congress, meaning better decisions will from our agencies and agency officials striking ‘‘25 percent’’ and inserting ‘‘15 per- be made: tax dollars will be put to bet- for their financial management per- cent’’; and ter use, and a measure of confidence in formance. (2) by adding at the end the following: the government will be restored. While I commend Senator BROWN for intro- ‘‘(j) LOBBYING ACTIVITIES.—A grant under this is not the kind of legislation that ducing this bill and for working with this section may not be used to support a lob- makes headlines, it is of great signifi- us in Committee to improve it. I be- bying activity (as described in the documents cance and I am proud that the Senate lieve the ‘‘Federal Financial Manage- issued by the Office of Management and Budget has passed it. I am very grateful to and designated as OMB Circulars No. A–21 and ment Improvement Act’’ is important No. A–122).’’. Senator STEVENS for steering the bill legislation and will work to improve SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FEL- through his Committee. agency financial management. I urge LOWSHIPS. Mr. GLENN. Mr. President, over the my colleagues to support it. (a) IN GENERAL.—The National Environ- last 6 years, we have enacted several Mr. STEVENS. Mr. President, I ask mental Education Act is amended— laws to improve Federal agency finan- unanimous consent that the committee (1) by striking section 7 (20 U.S.C. 5506); and cial management. The Chief Financial substitute be agreed to, the bill be (2) by redesignating sections 8 through 11 (20 Officers Act of 1990 put into place the deemed read the third time, passed, the U.S.C. 5507 through 5510) as sections 7 through 10, respectively. first requirements for agencies to pre- motion to reconsider be laid upon the (b) CONFORMING AMENDMENTS.—The National pare annual audited financial state- table, and any statement relating to Environmental Education Act is amended— ments. These requirements were this bill appear at the appropriate (1) in the table of contents in section 1(b) (20 strengthened by the Government Man- place in the RECORD. U.S.C. prec. 5501)— agement Reform Act of 1994, and now The PRESIDING OFFICER. Without (A) by striking the item relating to section 7; all the major agencies are covered by objection, it is so ordered. and the CFO Act requirements. The bill (S. 1130), as amended, was (B) by redesignating the items relating to sec- In oversight hearings conducted by deemed read the third time and passed. tions 8 through 11 as items relating to sections 7 through 10, respectively; the Governmental Affairs Committee, f (2) in section 4(b) (20 U.S.C. 5503(b))— both when I was Chair and now as NATIONAL ENVIRONMENTAL EDU- (A) in paragraph (6) (as redesignated by sec- Ranking Minority Member, we have tion 2(1)(C)), by striking ‘‘section 8 of this Act’’ seen how these laws are making signifi- CATION AMENDMENT ACT OF 1996 and inserting ‘‘section 7’’; and cant improvements in agency financial Mr. STEVENS. Mr. President, I ask (B) in paragraph (7) (as so redesignated), by management. Unfortunately, we also unanimous consent that the Senate striking ‘‘section 9 of this Act’’ and inserting have seen that many agencies still proceed to the consideration of cal- ‘‘section 8’’; endar 542, S. 1873. (3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by have a ways to go to make the nec- striking ‘‘section 9(d) of this Act’’ and inserting essary reforms. The PRESIDING OFFICER. The ‘‘section 8(d)’’; The legislation before us today, the clerk will report. (4) in the matter preceding subsection (c)(3)(A) ‘‘Federal Financial Management Im- The assistant legislative clerk read of section 9 (as redesignated by subsection provement Act’’ (S. 1130), which I co- as follows: (a)(2)), by striking ‘‘section 10(a) of this Act’’ sponsored, helps agencies go those final A bill (S. 1873) to amend the National Envi- and inserting ‘‘subsection (a)’’; and miles to put into place necessary finan- ronmental Education Act to extend pro- (5) in subsection (c)(2) of section 10 (as redes- cial management systems and provide grams under the Act, and for other purposes. ignated by subsection (a)(2)), by striking ‘‘sec- The PRESIDING OFFICER. Is there tion 10(d) of this Act’’ and inserting ‘‘section real accountability for the expenditure 9(d)’’. of public funds. objection to the immediate consider- SEC. 5. NATIONAL EDUCATION AWARDS. The legislation addresses the finan- ation of the bill? Section 7 of the National Environmental Edu- cial management systems that are There being no objection, the Senate cation Act (as redesignated by section 4(a)(2)) is needed to provide financial account- proceeded to consider the bill, which amended to read as follows: ability. Annual financial statements had been reported from the Committee ‘‘SEC. 7. NATIONAL EDUCATION AWARDS. will not do it alone, if agencies do not on Environment and Public Works, ‘‘The Administrator may provide for awards have the systems or personnel in place with an amendment to strike all after to be known as the ‘President’s Environmental

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00214 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9669 Youth Awards’ to be given to young people in tions by means of a listing of the names of do- This is not how these two environ- grades kindergarten through 12 for outstanding nors in materials distributed by the Foundation, mental education programs have projects to promote local environmental aware- but any such acknowledgment— worked, and I have taken specific steps ness.’’. ‘‘(A) shall not appear in educational material to ensure that they never work this to be presented to students; and SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY way. COUNCIL AND TASK FORCE. ‘‘(B) shall not identify a donor by means of a Section 8 of the National Environmental Edu- logo, letterhead, or other corporate commercial The programs that this act reauthor- cation Act (as redesignated by section 4(a)(2)) is symbol, slogan, or product.’’. izes have targeted the majority of their amended— SEC. 8. AUTHORIZATION OF APPROPRIATIONS. grants at the local level, allowing the (1) in subsection (b)(2), by striking the first Section 10 of the National Environmental teachers in our community schools to and second sentences and inserting the fol- Education Act (as redesignated by section design their environmental programs lowing: ‘‘The Advisory Council shall consist of 4(a)(2)) is amended by striking subsections (a) to teach our children, and this is where not more than 11 members appointed by the Ad- and (b) and inserting the following: the decisions should be made. In addi- ministrator after consultation with the Sec- ‘‘(a) IN GENERAL.—There are authorized to be tion, the grants have not been used for retary. To the extent practicable, the Adminis- appropriated to the Environmental Protection advocacy or to lobby the Government, trator shall appoint to the Advisory Council at Agency to carry out this Act— least 1 representative from each of the following ‘‘(1) $10,000,000 for each of fiscal years 1997, as other grant programs have been ac- sectors: primary and secondary education; col- 1998, 1999, 2000, 2001, and 2002; and cused of doing. leges and universities; not-for-profit organiza- ‘‘(2) such sums as are necessary for each of This legislation accomplishes two tions involved in environmental education; State fiscal years 2003 through 2007. important functions. First, it cleans up departments of education and natural resources; ‘‘(b) LIMITATIONS.— the current law to make the programs business and industry; and senior Americans.’’; ‘‘(1) IN GENERAL.—Subject to paragraph (2), of run more efficiently. And second, it (2) in subsection (c), by striking paragraph (2) the amounts appropriated under subsection (a) places two very important safeguards and inserting the following: for a fiscal year— in the program to ensure its integrity ‘‘(2) MEMBERSHIP.—Membership on the Task ‘‘(A) not more than 25 percent may be used for Force shall be open to representatives of any the activities of the Office of Environmental in the future. Federal agency actively engaged in environ- Education; I have placed in this bill language to mental education.’’; and ‘‘(B) not more than 25 percent may be used for ensure that the EPA programs are bal- (3) in subsection (d), by striking paragraph (1) the operation of the environmental education anced and scientifically sound. It is im- and inserting the following: and training program; portant that environmental education ‘‘(1) BIENNIAL MEETINGS.—The Advisory ‘‘(C) not less than 40 percent shall be used for is presented in an unbiased and bal- Council shall hold a biennial meeting on timely environmental education grants; and anced manner. The personal values and issues regarding environmental education and ‘‘(D) 10 percent shall be used for the Founda- prejudices of the educators should not tion for Environmental Education. issue a report and recommendations on the pro- be instilled in our children. Instead we ceedings of the meeting.’’. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the must teach them to think for them- SEC. 7. NATIONAL ENVIRONMENTAL EDUCATION amounts made available under paragraph (1) for AND TRAINING FOUNDATION. a fiscal year for the activities of the Office of selves after they have been presented (a) CHANGE IN NAME.— Environmental Education, not more than 25 per- with all of the facts and information. (1) IN GENERAL.—The first sentence of sub- cent may be used for administrative expenses.’’. Environmental ideas must be grounded section (a)(1)(A) of section 9 of the National En- SEC. 9. EFFECTIVE DATE. in sound science and not emotional vironmental Education Act (as redesignated by The amendments made by this Act shall take bias. While these programs have not section 4(a)(2)) is amended by striking ‘‘Na- effect as of the later of— been guilty of this in the past, this is tional Environmental Education and Training (1) October 1, 1996; or an important safeguard to protect the Foundation’’ and inserting ‘‘Foundation for (2) the date of enactment of this Act. future of environmental education. Environmental Education’’. Mr. INHOFE. Mr. President, today Second, I have included language (2) CONFORMING AMENDMENTS.—The National the Senate is passing an important Environmental Education Act (20 U.S.C. 5501 et which prohibits any of the funds to be seq.) is amended— piece of legislation, S. 1873, the Na- used for lobbying efforts. While these (A) in the item relating to section 9 (as redes- tional Environmental Education Act programs have not used the grant proc- ignated by section 4(b)(1)(B)) of the table of amendments. I introduced this bill on ess to lobby the Government, there are contents in section 1(b) (20 U.S.C. prec. 5501), by June 13 along with my colleagues, Sen- other programs which have been ac- striking ‘‘National Environmental Education ators CHAFEE, LIEBERMAN, FAIRCLOTH, cused of this and this language will en- and Training Foundation’’ and inserting KEMPTHORNE, MOYNIHAN, REID, and sure that this program never becomes a ‘‘Foundation for Environmental Education’’; LUGAR. Since that date nine more sen- vehicle to lobby Congress or the Execu- (B) in section 3 (20 U.S.C. 5502)— ators have joined me in this bipartisan (i) by striking paragraph (12) and inserting tive branch. the following: show of support for this legislation. This bill also makes a number of ‘‘(12) FOUNDATION.—‘Foundation’ means the This bill will reauthorize the edu- housekeeping changes to the programs Foundation for Environmental Education estab- cational efforts at the National Envi- which are supported by both the EPA lished by section 9; and’’; and ronmental Education and Training and the Education Foundation which (ii) in paragraph (13), by striking ‘‘National Foundation and the EPA’s Office of En- will both streamline the programs and Environmental Education and Training Foun- vironmental Education. These pro- make them more efficient. dation’’ and inserting ‘‘Foundation for Environ- grams support environmental edu- For those people who remain con- mental Education’’; cation at the local level. They provide (C) in the heading of section 9 (as redesig- cerned about the Federal role in envi- nated by section 4(a)(2)), by striking ‘‘NA- grant money and seed money to en- ronmental education let me assure ev- TIONAL ENVIRONMENTAL EDUCATION courage local primary and secondary eryone that I will be personally moni- AND TRAINING FOUNDATION’’ and inserting schools and universities to educate toring these programs. If there are ‘‘FOUNDATION FOR ENVIRONMENTAL children on environmental issues. abuses or questionable grants or pro- EDUCATION’’; and With the importance of the environ- grams I will be the first to call for an (D) in subsection (c) of section 10 (as redesig- ment and the continuing debate on how investigation or to invoke the over- nated by section 4(a)(2)), by striking ‘‘National best to protect it, it is vital to educate sight functions of Congress. Educating Environmental Education and Training Foun- our children so that they truly under- dation’’ and inserting ‘‘Foundation for Environ- our children is a serious matter and mental Education’’. stand how the environment functions. should not be abused by anyone. It is (b) BOARD OF DIRECTORS; NUMBER OF DIREC- Over the last few years environ- my intent and goal that these pro- TORS.—The first sentence of subsection (b)(1)(A) mental education has been criticized grams provide objective material in a of section 9 of the National Environmental Edu- for being one-sided and heavy-handed. balanced and scientifically sound man- cation Act (as redesignated by section 4(a)(2)) is People have accused environmental ad- ner that does not instill any particular amended by striking ‘‘13’’ and inserting ‘‘19’’. vocates of trying to brainwash children viewpoint in our Nation’s youths. We (c) ACKNOWLEDGMENT OF DONATIONS.—Sec- and of pushing an environmental agen- need to teach our children the facts tion 9(d) of the National Environmental Edu- da that is not supported by the facts or cation Act (as redesignated by section 4(a)(2)) is and let them reach their own conclu- amended by striking paragraph (3) and insert- by science. They also accuse the Fed- sions, and I believe this bill accom- ing the following: eral Government of setting one cur- plishes this goal. ‘‘(3) ACKNOWLEDGMENT OF DONORS.—The riculum standard and forcing all I thank my colleagues for supporting Foundation may acknowledge receipt of dona- schools to subscribe to their views. this bill and I hope the House can act

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00215 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9670 CONGRESSIONAL RECORD — SENATE August 2, 1996 quickly and this legislation can be There being no objection, the Senate Committee be discharged from further signed into law. proceeded to consider the resolution. consideration of Senate Resolution 282, Mr. CHAFEE. Mr. President, I join Mr. LOTT. Mr. President, the Perma- designating October 10, 1996, as ‘‘Day of Senator INHOFE in urging the Senate to nent Subcommittee on Investigations National Concern About Young People pass S. 1873, the National Environ- has received a request from the New and Gun Violence,’’ and that the Sen- mental Education Act Amendments of Jersey Attorney General’s Office for ate then proceed to its immediate con- 1996. I commend Senator INHOFE for his copies of subcommittee records rel- sideration. leadership on this bill. Mr. INHOFE and evant to a background investigation The PRESIDING OFFICER. Without other members of the Senate Environ- that the office is conducting in connec- objection, it is so ordered. ment and Public Works Committee tion with a solid waste disposal com- The clerk will report. have crafted a reauthorization of the pany’s licensing application. The assistant legislative clerk read National Environmental Education Act In the course of drug enforcement as follows: of 1990. It is a bipartisan bill sponsored hearings in the mid-1970’s, the sub- A resolution (S. Res. 282) to designate Oc- by 11 members of the Environment and committee investigated allegations re- tober 10, 1996, as the ‘‘Day of National Con- Public Works Committee, including lating to an individual who was then a cern about Young People and Gun Violence.’’ myself and Senators INHOFE, BAUCUS, Federal drug enforcement official and The PRESIDING OFFICER. Is there LIEBERMAN, FAIRCLOTH, KEMPTHORNE, is now a principal in the solid waste objection to the immediate consider- MOYNIHAN, REID, LAUTENBERG, SMITH, firm seeking licensure from the State ation of the resolution? and GRAHAM. of New Jersey. The Attorney General’s There being no objection, the Senate S. 1873 extends the authorization for Office is seeking access to sub- programs authorized by the National proceeded to consider the resolution. committee records to enable the office Environmental Education Act until Mr. STEVENS. Mr. President, I ask 2007. The bill also includes a number of to fulfill its responsibilities under unanimous consent that the resolution changes to make programs authorized State law to conduct a thorough back- and preamble be agreed to, en bloc, and under the act operate more effectively ground investigation of this individual. the motion to reconsider be laid upon and efficiently. Mr. President, this resolution would the table; further, that any statements The goal of the National Environ- authorize the chairman and ranking relating thereto be placed in the mental Education Act is to increase minority member of the Permanent RECORD at the appropriate place as if public understanding of the environ- Subcommittee on Investigations, act- read. ment and to advance and develop envi- ing jointly, to provide subcommittee The PRESIDING OFFICER. Without ronmental education and training. records in response to this request. objection, it is so ordered. The act has been successful in sup- Mr. STEVENS. Mr. President, I ask The resolution (S. Res. 282) was porting environmental education unanimous consent that the resolution agreed to. through grants and training programs be agreed to, the preamble agreed to, The preamble was agreed to. aimed at schools, nature centers, muse- the motion to reconsider be laid on the The resolution, with its preamble, is ums, and other educational organiza- table, and any statements relating to as follows: tions. The act has benefited thousands this resolution appear at this point in S. RES. 282 of teachers and millions of students— the RECORD. Whereas violent crime among juveniles in children and adults. The PRESIDING OFFICER. Without American society has dramatically escalated Educational programs supported objection, it is so ordered. in recent years; through this act increase the public’s The resolution (S. Res. 287) was Whereas between 1989 and 1994, juvenile ar- awareness and knowledge about envi- agreed to. rest rates for murder in this country sky- ronmental issues, and provide them The preamble was agreed to. rocketed 42 percent; with the skills needed to make in- The resolution, with its preamble, is Whereas in 1993, more than 10 children formed decisions. as follows: were murdered each day in America; I urge my colleagues to support pas- Whereas America’s young people are this S. RES. 287 country’s most important resource, and sage of this important environmental Whereas the Office of the Attorney General Americans have a vested interest in helping education legislation. of the State of New Jersey has requested children survive, free from fear and violence, Mr. STEVENS. Mr. President, I ask that the Permanent Subcommittee on Inves- to become healthy adults; unanimous consent that the committee tigations provide it with copies of sub- Whereas America’s young people can, by substitute be agreed to, the bill be committee records in connection with a li- taking individual and collective responsi- deemed read the third time, passed, the censing investigation that the office is cur- bility for their own decisions and actions, motion to reconsider be laid upon the rently conducting; help chart a new and less violent direction table, and any statements relating to Whereas by the privileges of the Senate of for the entire country; this bill appear at the appropriate the United States and rule XI of the Stand- Whereas American school children will be ing Rules of the Senate, no evidence under invited to participate in a national observ- place in the RECORD. the control or in the possession of the Senate ance involving millions of their fellow stu- The PRESIDING OFFICER. Without can, by administrative or judicial process, be dents and will thereby be empowered to see objection, it is so ordered. taken from such control or possession but by themselves as the agents of positive social The bill (S. 1873), as amended, was permission of the Senate; change; and deemed read the third time and passed. Whereas when it appears that documents, Whereas this observance will give Amer- f papers, and records under the control or in ican school children the opportunity to the possession of the Senate may promote make a solemn decision about their future AUTHORIZING PRODUCTION OF the administration of justice, the Senate will and control their destiny by voluntarily RECORDS take such action as will promote the ends of signing a pledge promising that they will Mr. STEVENS. Mr. President, I ask justice consistently with the privileges of never take a gun to school, will never use a unanimous consent that the Senate the Senate: Now, therefore, be it gun to resolve a dispute, and will use their Resolved, That the chairman and ranking proceed to the consideration of a Sen- influence to prevent friends from using guns minority member of the Permanent Sub- to settle disputes: Now, therefore, be it ate resolution 287 submitted earlier committee on Investigations, acting jointly, Resolved, That the Senate designates Octo- today by Senators LOTT and DASCHLE. are authorized to provide to the office of the ber 10, 1996, as the ‘‘Day of National Concern The PRESIDING OFFICER. Without Attorney General of the State of New Jersey About Young People and Gun Violence’’. The objection, it is so ordered. copies of subcommittee records that the of- President is authorized and requested to The clerk will report. fice has requested for use in connection with issue a proclamation calling upon the school The assistant legislative clerk read its pending licensing investigation. children of the United States to observe such as follows: f day with appropriate activities. A resolution (S. Res. 287) to authorize the f production of records by the Permanent Sub- DAY OF NATIONAL CONCERN committee on Investigations. ABOUT YOUNG PEOPLE AND GUN NATIONAL SILVER HAIRED The PRESIDING OFFICER. Is there VIOLENCE CONGRESS objection to the immediate consider- Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I ask ation of the resolution? unanimous consent that the Judiciary unanimous consent that the Senate

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00216 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9671 proceed to the immediate consider- deemed read the third time and passed, SEC. 3. UNITED STATES TOURISM ORGANIZA- ation of Calendar No. 554, Senate Con- the motion to reconsider be laid upon TION. current Resolution 52. the table, and that any statements re- (a) ESTABLISHMENT.—There is established The PRESIDING OFFICER. Without lating to the bill appear at the appro- with a Federal charter, the United States Tourism Organization (hereafter in this Act objection, it is so ordered. priate place in the RECORD. referred to as the ‘‘Organization’’). The Orga- The clerk will report. The PRESIDING OFFICER. Without nization shall be a ønonprofit¿ not for profit The assistant legislative clerk read objection, it is so ordered. organization. The Organization shall main- as follows: The bill (H.R. 3870) was deemed read tain its principal offices and national head- A concurrent resolution (S. Con. Res. 52) to the third time, and passed. quarters in the øcity of Washington, District ¿ recognize and encourage the convening of a f of Columbia, greater metropolitan area of National Silver Haired Congress. Washington, D.C., and may hold its annual UNITED STATES TOURISM The PRESIDING OFFICER. Is there and special meetings in such places as the ORGANIZATION ACT Organization shall determine. objection to the immediate consider- Mr. STEVENS. Mr. President, I ask (b) ORGANIZATION NOT A FEDERAL AGENCY.— ation of the concurrent resolution? Notwithstanding any other provision of the There being no objection, the Senate unanimous consent that the Senate law, the Organization shall not be considered proceeded to consider the concurrent proceed to the immediate consider- a Federal agency for the purposes of civil resolution. ation of Calendar No. 551, S. 1735. service laws or any other provision of Fed- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without eral law governing the operation of Federal unanimous consent that the concur- objection, it is so ordered. agencies, including personnel or budgetary rent resolution and preamble be agreed The clerk will report. matters relating to Federal agencies. The to, en bloc, and the motion to recon- The assistant legislative clerk read Federal Advisory Committee Act (5 U.S.C. as follows: App.) shall not apply to the Organization or sider be laid upon the table, that any any entities within the Organization. A bill (S. 1735) to establish the United statements related thereto appear at (c) DUTIES.—The Organization shall— States Tourism Organization as a non- the appropriate place in the RECORD as (1) facilitate the development and use of governmental entity for the purpose of pro- if read. public-private partnerships for travel and moting tourism in the United States. The PRESIDING OFFICER. Without tourism policymaking; objection, it is so ordered. The PRESIDING OFFICER. Is there (2) seek to, and work for, an increase in the The concurrent resolution (S. Con. objection to the immediate consider- share of the United States in the global tour- Res. 52) was agreed to. ation of the bill? ism market; The preamble was agreed to. There being no objection, the Senate (3) implement the national travel and tour- ism strategy developed by the National The concurrent resolution, with its proceeded to consider the bill, which had been reported from the Committee Tourism Board under section 4; preamble, is as follows: (4) operate travel and tourism promotion S. CON. RES. 52 on Commerce, Science, and Transpor- programs outside the United States in part- Whereas many States have encouraged and tation, with amendments, as follows: nership with the travel and tourism industry facilitated the creation of senior citizen leg- (The parts of the bill intended to be in the United States; islative and advocacy bodies; stricken are shown in boldface brack- (5) establish a travel-tourism data bank Whereas in creating such bodies such ets and the parts of the bill intended to and, through that data bank collect and dis- States have provided to many older Ameri- be inserted are shown in italic.) seminate international market data: cans the opportunity to express concerns, S. 1735 (6) conduct market research necessary for promote appropriate interests, and advance the effective promotion of the travel and Be it enacted by the Senate and House of Rep- the common good by influencing the legisla- tourism market; and resentatives of the United States of America in tion and actions of State government; and (7) promote United States travel and tour- Congress assembled, Whereas a National Silver Haired Con- ism. gress, with representatives from each State, SECTION 1. SHORT TITLE. (d) POWERS.—The Organization— would provide a national forum for a non- This Act may be cited as the ‘‘United (1) shall have perpetual succession; partisan evaluation of grassroots solutions States Tourism Organization Act’’. (2) shall represent the United States in its to concerns shared by an increasing number SEC. 2. FINDINGS. relations with international tourism agen- of older Americans: Now, therefore, be it The Congress finds that— cies; Resolved by the Senate (the House of Rep- (1) the travel and tourism industry is the (3) may sue and be sued; resentatives concurring), That the Congress second largest retail or service industry in (4) may make contracts; hereby recognizes and encourages the con- the United States, and travel and tourism (5) may acquire, hold, and dispose of real vening of an annual National Silver Haired services ranked as the largest United States and personal property as may be necessary Congress in the District of Columbia. export in 1995, generating an $18.6 billion for its corporate purposes; f trade surplus for the United States; (6) may accept gifts, legacies, and devices (2) domestic and international travel and in furtherance of its corporate purposes; AUTHORIZING THE AGENCY FOR tourism expenditures totaled $433 billion in (7) may provide financial assistance to any INTERNATIONAL DEVELOPMENT 1995, $415 billion spent directly within the organization or association, other than a TO OFFER VOLUNTARY SEPARA- United States and an additional $18 billion corporation organized for profit, in further- TION INCENTIVE PAYMENTS spent by international travelers on United ance of the purpose of the corporation; States flag carriers traveling to the United (8) may adopt and alter a corporate seal; Mr. STEVENS. Mr. President, I ask States; (9) may establish and maintain offices for unanimous consent that the Senate (3) direct travel and tourism receipts make the conduct of the affairs of the Organiza- proceed to the consideration of H.R. up 6 percent of the United States gross do- tion; 3870, which was received from the mestic product; (10) may publish a newspaper, magazine, or House. (4) in 1994 the travel and tourism industry other publication consistent with its cor- The PRESIDING OFFICER. Without was the nation’s second largest employer, di- porate purposes; objection, it is so ordered. rectly responsible for 6.3 million jobs and in- (11) may do any and all acts and things The clerk will report. directly responsible for another 8 million necessary and proper to carry out the pur- jobs; poses of the Organization; and The assistant legislative clerk read (5) employment in major sectors of the (12) may adopt and amend a constitution as follows: travel industry is expected to increase 35 and bylaws not inconsistent with the laws of A bill (H.R. 3870) to authorize the Agency percent by the year 2005; the United States or of any State, except for International Development to offer vol- (6) 99.7 percent of travel businesses are de- that the Organization may amend its con- untary separation incentive payments to em- fined by the Federal Government as small stitution only if it— ployees of that agency. businesses; and (A) publishes in its principal publication a The PRESIDING OFFICER. Is there (7) the White House Conference on Travel general notice of the proposed alteration of objection to the immediate consider- and Tourism in 1995 brought together 1,700 the constitution, including the substantive travel and tourism industry executives from terms of the alteration, the time and place of ation of the bill? across the nation and called for the estab- the Organization’s regular meeting at which There being no objection, the Senate lishment, by federal charter, of a new na- the alteration is to be decided, and a provi- proceeded to consider the bill. tional tourism organization to promote sion informing interested persons that they Mr. STEVENS. Mr. President, I ask international tourism to all parts of the may submit materials as authorized in sub- unanimous consent that the bill be United States. paragraph (B); and

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00217 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9672 CONGRESSIONAL RECORD — SENATE August 2, 1996 (B) gives to all interested persons, prior to and other matters that affect travel and SEC. 6. UNITED STATES GOVERNMENT COOPERA- the adoption of any amendment, an oppor- tourism. TION. tunity to submit written data, views, or ar- (d) AUTHORITY.—The Board is hereby au- (a) SECRETARY OF STATE.—The Secretary of guments concerning the proposed amend- thorized to meet to complete the organiza- State shall— ment for a period of at least 60 days after the tion of the Organization by the adoption of a (1) place a high priority on implementing date of publication of the notice. constitution and bylaws, and by doing all recommendations by the Organization; and (e) NONPOLITICAL NATURE OF THE ORGANIZA- things necessary to carry into effect the pro- (2) cooperate with the Organization in car- TION.—The Organization shall be nonpolitical visions of this Act. rying out its duties. and shall not promote the candidacy of any (e) INITIAL MEETINGS.—Not later than 30 (b) DIRECTOR OF THE UNITED STATES INFOR- person seeking public office. days after the date on which all members of MATION AGENCY.—The Director of the United (f) PROHIBITION AGAINST ISSUANCE OF STOCK the Board have been appointed, the Board States Information Agency shall— OR BUSINESS ACTIVITIES.—The Organization shall have its first meeting. (1) place a high priority on implementing recommendations by the Organization; and shall have no power to issue capital stock or (f) MEETINGS.—The Board shall meet at the to engage in business for pecuniary profit or call of the Chair, but not less frequently (2) cooperate with the Organization in car- gain. than semiannually. rying out its duties. (c) TRADE PROMOTION COORDINATING COM- SEC. 4. NATIONAL TOURISM BOARD. (g) COMPENSATION AND EXPENSES.—The MITTEE.—Section 2312 of the Export Enhance- (a) ESTABLISHMENT.—The Organization chairman and members of the Board shall ment Act of 1988 (15 U.S.C. 4727) is amended— shall be governed by a Board of Directors serve without compensation but may be (1) by striking out ‘‘and’’ at the end of sub- known as the National Tourism Board (here- compensated for expenses incurred in car- section (c)(4); inafter in this Act referred to as the rying out the duties of the Board. (2) by striking the period at the end of sub- ‘‘Board’’). (h) TESTIMONY, REPORTS, AND SUPPORT.— section (c)(5) and inserting a semicolon and (b) MEMBERSHIP.— The Board may present testimony to the the word ‘‘and’’; (1) COMPOSITION.—The Board shall be com- President, to the Congress, and to the legis- (3) by adding at the end thereof the fol- posed of 46 members, and shall be self-perpet- latures of the States and issue reports on its lowing: uating. Initial members shall be appointed findings and recommendations. ‘‘(6) reflect recommendations by the Na- as provided in paragraph (2). The Board shall (i) IMMUNITY.—Members of the Board shall tional Tourism Board established under the elect a chair from among its members. not be personally liable for any action taken by United States Tourism Organization Act.’’ (2) FOUNDING MEMBERS.—The founding the Board. and members of the Board shall be appointed, or SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND (2) in paragraph (d)(1) by striking ‘‘and’’ in elected, as follows: NAMES. subparagraph (L), by redesignating subpara- (A) The Under Secretary of Commerce for (a) IN GENERAL.—The Organization shall graph (M) as subparagraph (N), and by in- International Trade Administration shall provide for the design of such symbols, em- serting the following: serve as a member ex officio. blems, trademarks, and names as may be ap- ‘‘(M) the Chairman of the Board of the (B) 5 State Travel Directors elected by the propriate and shall take all action necessary United States Tourism Organization, as es- National Council of State Travel Directors. to protect and regulate the use of such sym- tablished under the United States Tourism (C) 5 members elected by the International bols, emblems, trademarks, and names under Organization Act; and’’. Association of Convention and Visitor Bu- law. reaus. SEC. 7. SUNSET. (b) UNAUTHORIZED USE; CIVIL ACTION.—Any (D) 3 members elected by the Air Transport If, by the date that is 2 years after the date person who, without the consent of the Orga- Association. of incorporation of the Organization, a plan nization, uses— (E) 1 member elected by the National Asso- for the long-term financing of the Organiza- (1) the symbol of the Organization; ciation of Recreational Vehicle Parks and tion has not been implemented, the Organi- (2) the emblem of the Organization; Campgrounds; 1 member elected by the zation and the Board shall terminate. (3) any trademark, trade name, sign, sym- Recreation Vehicle Industry Association. AMENDMENT NO. 5156 bol, or insignia falsely representing associa- (F) 2 members elected by the International tion with, or authorization by, the Organiza- (Purpose: To make minor and technical Association of Amusement Parks and At- tion; or corrections in the bill as reported) tractions. (4) the words ‘‘United States Tourism Or- Mr. STEVENS. Mr. President, I send (G) 3 members appointed by major compa- ganization’’, or any combination or simula- nies in the travel payments industry. an amendment to the desk and ask for tion thereof tending to cause confusion, to (H) 5 members elected by the American its immediate consideration. cause mistake, to deceive, or to falsely sug- Hotel and Motel Association. The PRESIDING OFFICER. The gest a connection with the Organization or (I) 2 members elected by the American Car clerk will report. any Organization activity; Rental Association; 1 member elected by the The assistant legislative clerk read American Automobile Association; 1 member for the purpose of trade, to induce the sale of as follows: any goods or services, or to promote any ex- elected by the American Bus Association; 1 The Senator from Alaska [Mr. STEVENS], hibition shall be subject to suit in a civil ac- member elected by Amtrak. for Mr. PRESSLER, proposes an amendment tion brought in the appropriate court by the (J) 1 member elected by the National Tour numbered 5156. Association; 1 member elected by the United Organization for the remedies provided in States Tour Operators Association. the Act of July 5, 1946 (60 Stat. 427; 15 U.S.C. Mr. STEVENS. Mr. President, I ask (K) 1 member elected by the Cruise Lines 1501 et seq.), popularly known as the Trade- unanimous consent that reading of the International Association; 1 member elected mark Act of 1946. Paragraph (4) of this sub- amendment be dispensed with. by the National Restaurant Association; one section shall not be construed to prohibit The PRESIDING OFFICER. Without member elected by the National Park Hospi- any person who, before the date of enact- objection, it is so ordered. tality Association; 1 member elected by the ment of this Act, actually used the words The amendment is as follows: Airports Council International; 1 member ‘‘United States Tourism Organization’’ for On page 7, line 8, strike ‘‘46’’ and insert elected by the Meeting Planners Inter- any lawful purpose from continuing such ‘‘48’’. national; 1 member elected by the American lawful use for the same purpose and for the On page 9, beginning in line 3, strike ‘‘Re- Sightseeing International; 4 members elect- same goods and services. tail Travel Agents Association;’’ and insert ed by the Travel Industry Association of (c) CONTRIBUTORS AND SUPPLIERS.—The Or- ‘‘Association of Retail Travel Agents;’’. øAmerica.¿ America; 1 member elected by the ganization may authorize contributors and On page 9, between lines 6 and 7, insert the Retail Travel Agents Association; 1 member suppliers of goods and services to use the following: elected by the American Society of Travel trade name of the Organization as well as (L) 1 member elected by the National Trust Agents; and 1 member elected by the Rural any trademark, symbol, insignia, or emblem for Historic Preservation. Tourism Development Foundation. of the Organization in advertising that the (M) 1 member elected by the American As- (3) TERMS.—Terms of Board members and contributions, goods, or services were do- sociation of Museums. of the Chair shall be determined by the nated, supplied, or furnished to or for the use Board and made part of the Organization by- of, approved, selected, or used by the Organi- Mr. PRESSLER. Mr. President, I am laws. zation. pleased that today the Senate has ap- (c) DUTIES OF THE BOARD.—The Board (d) EXCLUSIVE RIGHT OF THE ORGANIZA- proved S. 1735, the United States Tour- shall— TION.—The Organization shall have exclusive ism Organization Act, legislation I in- (1) develop a national travel and tourism right to use the name ‘‘United States Tour- troduced on May 8, 1996. This bill is strategy for increasing tourism to and with- ism Organization’’, the symbol described in aimed at promoting the United States in the United States; and subsection (b)(1), the emblem described in (2) advise the President, the Congress, and subsection (b)(2), and the words ‘‘United as a tourist destination in the increas- members of the travel and tourism industry States Tourism Organization’’, or any com- ingly competitive world tourism mar- concerning the implementation of the na- bination thereof, subject to the use reserved ket. Passage of this bipartisan measure tional strategy referred to in paragraph (1) by the second sentence of subsection (b). would help to ensure the United States

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00218 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9673 remains a leader in this growing indus- tively and promote the tourism indus- legislation its unanimous support. I try. In particular, I thank my distin- try. Tomorrow’s technology will be look forward to working with my col- guished colleague from Nevada, Sen- even more useful. In this area, the leagues in the House to send this bill to ator RICHARD BRYAN, and my good travel and tourism industry will ben- the President before the end of the friend from Virgina, Senator JOHN efit significantly from legislation I 104th Congress. The time is now. We WARNER, who joined me in sponsoring sponsored earlier in this Congress, the must once again make the United this legislation. Telecommunications Act of 1996. That States the top tourist destination in Mr. President, the travel and tourism new law will unleash even more ad- the world. industry is the second most productive vanced communications technologies Mr. STEVENS. Mr. President, I ask in the world. In the United States, the and services. South Dakotans, like the unanimous consent that the amend- tourism industry employs more than Husteads, owners of the famous Wall ment be considered read and agreed to, 6.3 million people—making it the sec- Drug, in Wall, SD, already are taking the bill be deemed read the third time, ond largest employer in the country. advantage of such technologies as the passed, the motion to reconsider be Unfortunately, the United States is World Wide Web. These evolving tech- laid upon the table, and that any state- no longer the world’s No. 1 tourist des- nologies can transmit information on ments relating to the bill be placed at tination. As other nations have recog- U.S. tourism destinations to all cor- the appropriate place in the RECORD. nized the economic potential of tour- ners of the globe. The amendment (No. 5156) was agreed ism, the United States has allowed Austrians could learn about the to. itself to fall behind. We must reverse world-class Shrine to Music Museum in The bill (S. 1735) was deemed read the this trend. Vermillion. Kenyan safari hunters third time, and passed, as follows: As Chairman of the U.S. Senate Com- would be able to find out when hunting S. 1735 mittee on Commerce, Science, and season is in Redfield, SD—the pheasant Be it enacted by the Senate and House of Rep- Transportation and Co-chair of the capital of the world. Dog-sledders in resentatives of the United States of America in Congress assembled, Senate Tourism Caucus, I am com- the Yukon may want to try out the SECTION 1. SHORT TITLE. mitted to increasing tourism—both in snowmobile trails of the Black Hills This Act may be cited as the ‘‘United my home State of South Dakota and National Forest. States Tourism Organization Act’’. across the nation. S. 1735 is designed to The use of the latest developments in SEC. 2. FINDINGS. keep the industry vibrant and growing. communications technology could pro- The Congress finds that— Most significantly, the legislation mote places like the city of Dead- (1) the travel and tourism industry is the would develop a public-private partner- wood—one of the fastest growing tour- second largest retail or service industry in ship, charged with research, adver- ist destinations in South Dakota. the United States, and travel and tourism tising, and marketing our country as a Across the globe, people could learn services ranked as the largest United States tourism destination. that Deadwood’s main street is lined export in 1995, generating an $18.6 billion trade surplus for the United States; This bill also would establish a U.S. with old-fashioned saloons and gaming (2) domestic and international travel and Tourism Organization—a non-profit, halls—inspiring memories of the 1890’s tourism expenditures totaled $433 billion in private group to promote the United gold rush. This, in turn, might inspire 1995, $415 billion spent directly within the States both in our country and abroad. them to visit Saloon No. 10 where Wild United States and an additional $18 billion This is not an expensive new program Bill Hickock was shot—making famous spent by international travelers on United funded by the hard-earned dollars of his poker hand of aces and eights, the States flag carriers traveling to the United America’s taxpayers. Instead, the orga- ‘‘Deadman’s Hand.’’ States; nization would be funded primarily by S. 1735 represents just one more step (3) direct travel and tourism receipts make in a series of actions I’ve taken to up 6 percent of the United States gross do- members of the tourism industry. mestic product; One source of revenue made possible boost tourism in South Dakota and the (4) in 1994 the travel and tourism industry by this bill is from the sale of U.S. Nation. For instance, earlier this year, was the nation’s second largest employer, di- tourism logos, trademarks or emblems, I wrote to foreign Ambassadors and rectly responsible for 6.3 million jobs and in- similar to the five adjoining rings used other heads of missions in the United directly responsible for another 8 million with great financial success by the U.S. States urging them to promote the vir- jobs; Olympic Committee. In addition, tues of South Dakota as a prime U.S. (5) employment in major sectors of the American business could pay an annual tourist attraction. I gave them copies travel industry is expected to increase 35 fee to become an official member of the of the South Dakota vacation guide to percent by the year 2005; (6) 99.7 percent of travel businesses are de- U.S. Tourism Organization and use the pass along to appropriate officials in fined by the Federal Government as small logo for advertising and business pro- their embassies and home governments businesses; and motion. Not only would this boost indi- who are responsible for disseminating (7) the White House Conference on Travel vidual businesses, it also would ad- tourism information. Not long after re- and Tourism in 1995 brought together 1,700 vance the tourism industry as a whole. ceiving my letter, the Ambassador travel and tourism industry executives from Significantly, under this legislation, from Austria visited our State. Foreign across the nation and called for the estab- the structure of the tourism organiza- visitors are our fastest growing tourist lishment, by federal charter, of a new na- tion would ensure that no member population. We welcome them. tional tourism organization to promote international tourism to all parts of the business—big or small—would be left The U.S. Tourism Organization United States. behind. A National Tourism Board would partner the Federal Government SEC. 3. UNITED STATES TOURISM ORGANIZA- would represent all aspects of the tour- with the men and women who are the TION. ism industry—from transportation to tourism industry. This type of public- (a) ESTABLISHMENT.—There is established accommodations, from dining and en- private partnership was discussed by with a Federal charter, the United States tertainment to tour guides. This board South Dakotans like Vince Coyle, of Tourism Organization (hereafter in this Act would put South Dakota’s small-busi- Deadwood, and Julie Jensen, of Rapid referred to as the ‘‘Organization’’). The Orga- ness owners on an equal footing with City, when they attended the White nization shall be a not for profit organiza- tion. The Organization shall maintain its New York City’s larger businesses as House conference on tourism last year. principal offices and national headquarters they compete for potential visitors. The legislation we are considering in the greater metropolitan area of Wash- This provision would be particularly today was drafted using the rec- ington, D.C., and may hold its annual and helpful to small-business owners in ommendations of the White House con- special meetings in such places as the Orga- South Dakota like Al Johnson who ference. Working together, we can nization shall determine. runs the Palmer Gulch Resort near Hill make tourism the new key to this (b) ORGANIZATION NOT A FEDERAL AGEN- City, or for Alfred Mueller, owner of country’s economic success. CY.—Notwithstanding any other provision of This is our opportunity to forge the law, the Organization shall not be con- Al’s Oasis in Chamberlain—the famous sidered a Federal agency for the purposes of home of the buffalo burger. ahead. There is no reason the U.S. civil service laws or any other provision of U.S. tourism needs to aim for high- travel and tourism should be relegated Federal law governing the operation of Fed- tech promotion. Today’s technology to the back seat any longer. I am eral agencies, including personnel or budg- has enormous potential to shape posi- pleased that the Senate has given this etary matters relating to Federal agencies.

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The Federal Advisory Committee Act (5 (1) COMPOSITION.—The Board shall be com- compensated for expenses incurred in car- U.S.C. App.) shall not apply to the Organiza- posed of 48 members, and shall be self-perpet- rying out the duties of the Board. tion or any entities within the Organization. uating. Initial members shall be appointed (h) TESTIMONY, REPORTS, AND SUPPORT.— (c) DUTIES.—The Organization shall— as provided in paragraph (2). The Board shall The Board may present testimony to the (1) facilitate the development and use of elect a chair from among its members. President, to the Congress, and to the legis- public-private partnerships for travel and (2) FOUNDING MEMBERS.—The founding latures of the States and issue reports on its tourism policymaking; members of the Board shall be appointed, or findings and recommendations. (2) seek to, and work for, an increase in the elected, as follows: (i) IMMUNITY.—Members of the Board shall share of the United States in the global tour- (A) The Under Secretary of Commerce for not be personally liable for any action taken ism market; International Trade Administration shall by the Board. (3) implement the national travel and tour- serve as a member ex officio. ism strategy developed by the National (B) 5 State Travel Directors elected by the SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND Tourism Board under section 4; National Council of State Travel Directors. NAMES. (4) operate travel and tourism promotion (C) 5 members elected by the International (a) IN GENERAL.—The Organization shall programs outside the United States in part- Association of Convention and Visitor Bu- provide for the design of such symbols, em- nership with the travel and tourism industry reaus. blems, trademarks, and names as may be ap- in the United States; (D) 3 members elected by the Air Transport propriate and shall take all action necessary (5) establish a travel-tourism data bank Association. to protect and regulate the use of such sym- and, through that data bank collect and dis- (E) 1 member elected by the National Asso- bols, emblems, trademarks, and names under seminate international market data: ciation of Recreational Vehicle Parks and law. (6) conduct market research necessary for Campgrounds; 1 member elected by the (b) UNAUTHORIZED USE; CIVIL ACTION.—Any the effective promotion of the travel and Recreation Vehicle Industry Association. person who, without the consent of the Orga- tourism market; and (F) 2 members elected by the International nization, uses— (7) promote United States travel and tour- Association of Amusement Parks and At- (1) the symbol of the Organization; ism. tractions. (2) the emblem of the Organization; (d) POWERS.—The Organization— (G) 3 members appointed by major compa- (3) any trademark, trade name, sign, sym- (1) shall have perpetual succession; nies in the travel payments industry. bol, or insignia falsely representing associa- (2) shall represent the United States in its (H) 5 members elected by the American tion with, or authorization by, the Organiza- relations with international tourism agen- Hotel and Motel Association. tion; or cies; (I) 2 members elected by the American Car (4) the words ‘‘United States Tourism Or- (3) may sue and be sued; Rental Association; 1 member elected by the ganization’’, or any combination or simula- (4) may make contracts; American Automobile Association; 1 member tion thereof tending to cause confusion, to (5) may acquire, hold, and dispose of real elected by the American Bus Association; 1 cause mistake, to deceive, or to falsely sug- and personal property as may be necessary member elected by Amtrak. gest a connection with the Organization or for its corporate purposes; (J) 1 member elected by the National Tour any Organization activity; for the purpose of (6) may accept gifts, legacies, and devices Association; 1 member elected by the United trade, to induce the sale of any goods or in furtherance of its corporate purposes; States Tour Operators Association. services, or to promote any exhibition shall (7) may provide financial assistance to any (K) 1 member elected by the Cruise Lines be subject to suit in a civil action brought in organization or association, other than a International Association; 1 member elected the appropriate court by the Organization corporation organized for profit, in further- by the National Restaurant Association; one for the remedies provided in the Act of July ance of the purpose of the corporation; member elected by the National Park Hospi- 5, 1946 (60 Stat. 427; 15 U.S.C. 1501 et seq.), (8) may adopt and alter a corporate seal; tality Association; 1 member elected by the popularly known as the Trademark Act of (9) may establish and maintain offices for Airports Council International; 1 member 1946. Paragraph (4) of this subsection shall the conduct of the affairs of the Organiza- elected by the Meeting Planners Inter- not be construed to prohibit any person who, tion; national; 1 member elected by the American before the date of enactment of this Act, ac- (10) may publish a newspaper, magazine, or Sightseeing International; 4 members elect- tually used the words ‘‘United States Tour- other publication consistent with its cor- ed by the Travel Industry Association of ism Organization’’ for any lawful purpose porate purposes; America; 1 member elected by the Associa- from continuing such lawful use for the same (11) may do any and all acts and things tion of Retail Travel Agents; 1 member purpose and for the same goods and services. necessary and proper to carry out the pur- elected by the American Society of Travel (c) CONTRIBUTORS AND SUPPLIERS.—The Or- poses of the Organization; and Agents; and 1 member elected by the Rural ganization may authorize contributors and (12) may adopt and amend a constitution Tourism Development Foundation. suppliers of goods and services to use the and bylaws not inconsistent with the laws of (L) 1 member elected by the National Trust trade name of the Organization as well as the United States or of any State, except for Historic Preservation. any trademark, symbol, insignia, or emblem that the Organization may amend its con- (M) 1 member elected by the American As- of the Organization in advertising that the stitution only if it— sociation of Museums. contributions, goods, or services were do- (A) publishes in its principal publication a (3) TERMS.—Terms of Board members and nated, supplied, or furnished to or for the use general notice of the proposed alteration of of the Chair shall be determined by the of, approved, selected, or used by the Organi- the constitution, including the substantive Board and made part of the Organization by- zation. terms of the alteration, the time and place of laws. (d) EXCLUSIVE RIGHT OF THE ORGANIZA- the Organization’s regular meeting at which (c) DUTIES OF THE BOARD.—The Board TION.—The Organization shall have exclusive the alteration is to be decided, and a provi- shall— right to use the name ‘‘United States Tour- sion informing interested persons that they (1) develop a national travel and tourism ism Organization’’, the symbol described in may submit materials as authorized in sub- strategy for increasing tourism to and with- subsection (b)(1), the emblem described in paragraph (B); and in the United States; and subsection (b)(2), and the words ‘‘United (B) gives to all interested persons, prior to (2) advise the President, the Congress, and States Tourism Organization’’, or any com- the adoption of any amendment, an oppor- members of the travel and tourism industry bination thereof, subject to the use reserved tunity to submit written data, views, or ar- concerning the implementation of the na- by the second sentence of subsection (b). guments concerning the proposed amend- tional strategy referred to in paragraph (1) ment for a period of at least 60 days after the and other matters that affect travel and SEC. 6. UNITED STATES GOVERNMENT COOPERA- date of publication of the notice. tourism. TION. (e) NONPOLITICAL NATURE OF THE ORGANIZA- (d) AUTHORITY.—The Board is hereby au- (a) SECRETARY OF STATE.—The Secretary of TION.—The Organization shall be nonpolitical thorized to meet to complete the organiza- State shall— and shall not promote the candidacy of any tion of the Organization by the adoption of a (1) place a high priority on implementing person seeking public office. constitution and bylaws, and by doing all recommendations by the Organization; and (f) PROHIBITION AGAINST ISSUANCE OF STOCK things necessary to carry into effect the pro- (2) cooperate with the Organization in car- OR BUSINESS ACTIVITIES.—The Organization visions of this Act. rying out its duties. shall have no power to issue capital stock or (e) INITIAL MEETINGS.—Not later than 30 (b) DIRECTOR OF THE UNITED STATES INFOR- to engage in business for pecuniary profit or days after the date on which all members of MATION AGENCY.—The Director of the United gain. the Board have been appointed, the Board States Information Agency shall— SEC. 4. NATIONAL TOURISM BOARD. shall have its first meeting. (1) place a high priority on implementing (a) ESTABLISHMENT.—The Organization (f) MEETINGS.—The Board shall meet at the recommendations by the Organization; and shall be governed by a Board of Directors call of the Chair, but not less frequently (2) cooperate with the Organization in car- known as the National Tourism Board (here- than semiannually. rying out its duties. inafter in this Act referred to as the (g) COMPENSATION AND EXPENSES.—The (c) TRADE PROMOTION COORDINATING COM- ‘‘Board’’). chairman and members of the Board shall MITTEE.—Section 2312 of the Export Enhance- (b) MEMBERSHIP.— serve without compensation but may be ment Act of 1988 (15 U.S.C. 4727) is amended—

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00220 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9675 (1) by striking out ‘‘and’’ at the end of sub- ton United States Post Office and Court- The PRESIDING OFFICER. Without section (c)(4); house’’. objection, it is so ordered. (2) by striking the period at the end of sub- SEC. 2. REFERENCES. The bill (H.R. 3834) was deemed read section (c)(5) and inserting a semicolon and Any reference in a law, map, regulation, the third time and passed. the word ‘‘and’’; document, paper, or other record of the f (3) by adding at the end thereof the fol- United States to the United States Post Of- lowing: fice and Courthouse building referred to in FEDERAL OIL AND GAS ROYALTY ‘‘(6) reflect recommendations by the Na- section 1 shall be deemed to be a reference to SIMPLIFICATION AND FAIRNESS tional Tourism Board established under the the ‘‘L. Clure Morton United States Post Of- ACT OF 1995 United States Tourism Organization Act.’’ fice and Courthouse’’. and Mr. STEVENS. I ask unanimous con- The title was amended so as to read: ‘‘A (2) in paragraph (d)(1) by striking ‘‘and’’ in sent that the Senate proceed to the im- bill to provide that the United States Post subparagraph (L), by redesignating subpara- Office and Courthouse building located at 9 mediate consideration of Calendar No. graph (M) as subparagraph (N), and by in- East Broad Street, Cookeville, Tennessee, 500, which is House bill H.R. 1975. serting the following: shall be known and designated as the ‘L. The PRESIDING OFFICER. The ‘‘(M) the Chairman of the Board of the Clure Morton United States Post Office and clerk will report. United States Tourism Organization, as es- Courthouse’.’’. The assistant legislative clerk read tablished under the United States Tourism as follows: Organization Act; and’’. f A bill (H.R. 1975) to improve the manage- SEC. 7. SUNSET. ROSE Y. CARACAPPA UNITED ment of royalties from Federal and Outer If, by the date that is 2 years after the date STATES POST OFFICE BUILDING Continental Shelf oil and gas leases, and for of incorporation of the Organization, a plan other purposes. for the long-term financing of the Organiza- Mr. STEVENS. I ask unanimous con- tion has not been implemented, the Organi- sent that the Senate now proceed to The PRESIDING OFFICER. Is there zation and the Board shall terminate. the consideration of H.R. 3139, which objection to the immediate consider- was received from the House. ation of the bill? f There being no objection, the Senate The PRESIDING OFFICER. Without MEASURE PLACED ON proceeded to consider the bill. objection, so ordered. CALENDAR—S. 1965 Mr. MURKOWSKI. Mr. President, I The clerk will report. rise to urge my Senate colleagues to Mr. STEVENS. Mr. President, I ask The assistant legislative clerk read support H.R. 1975, the Federal Oil and unanimous consent that S. 1965 be as follows: Gas Royalty Fairness and Simplifica- placed on the calendar. A bill (H.R. 3139) to redesignate the United tion Act, also known as the ‘‘royalty The PRESIDING OFFICER. Without States Post Office Building located at 245 fairness’’ bill, which passed the House objection, it is so ordered. Centereach Mall on Middle Country Road in of Representatives on July 16, 1996. f Centereach, New York, as the ‘‘Rose Y. Caracappa United States Post Office Build- H.R. 1975 is identical in every respect L. CLURE MORTON POST OFFICE ing.’’ to S. 1014, reported to the Senate by the Committee on Energy and Natural AND COURTHOUSE LEGISLATION The PRESIDING OFFICER. Is there Resources on May 1 by a unanimous Mr. STEVENS. Mr. President, I ask objection to the immediate consider- voice vote, with one exception: It ation of the bill? unanimous consent that the Senate makes a technical amendment in the There being no objection, the Senate now proceed to the consideration of effective date section that was not proceeded to consider the bill. calendar No. 549, S. 1931. made in S. 1014. The technical amend- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without ment was included at the urging of the unanimous consent that the bill be objection, so ordered. administration and, as a result, the deemed read the third time, and The clerk will report. Clinton administration strongly sup- passed, the motion to reconsider be The assistant legislative clerk read ports H.R. 1975. The bill also is sup- laid upon the table, and that any state- as follows: ported by the governors of fourteen ments relating to the bill appear at A bill (S. 1931) to provide that the U.S. States. Post Office building that is to be located at this point in the RECORD. This is historic legislation, Mr. Presi- 9 East Broad Street, Cookeville, Tennessee, The PRESIDING OFFICER. Without dent. It is the only legislative initia- shall be known and designated as the ‘‘L. objection, it is so ordered. Clure Morton Post Office and Courthouse.’’ tive taken in the last 14 years to cost The bill (H.R. 3139) was deemed read effectively increase the Nation’s third The PRESIDING OFFICER. Is there the third time, and passed. largest source of revenue—mineral roy- objection to the immediate consider- f alties from Federal lands, more specifi- ation of the bill? cally, oil and gas royalties. This legis- There being no objection, the Senate ROGER P. McAULIFFE POST OFFICE lation would establish a comprehensive proceeded to consider the bill. statutory plan to increase the collec- Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I ask tion of royalty receipts due the United unanimous consent that the committee unanimous consent that the Senate States. Those receipts will help reduce substitute be agreed to, the bill be now proceed to consideration of the our budget deficit. Without this legis- deemed read the third time and passed, House bill H.R. 3834, which was re- lation, an ineffective and costly roy- the motion to reconsider be laid upon ceived from the House. alty collection system will continue, the table, the amendment to the title The PRESIDING OFFICER. The perpetuating long delays and uncol- be agreed to, and that any statements clerk will report. lected royalties. relating to the bill appear at this point The assistant legislative clerk read Let me make clear, Mr. President: in the RECORD. as follows: This legislation does not apply to In- The committee amendment was A bill (H.R. 3834) to redesignate the Dun- dian lands. It applies only to royalties agreed to. ning Post Office in Chicago, Illinois, as the from oil and gas production on Federal The bill was deemed read the third ‘‘Roger P. McAuliffe Post Office.’’ lands. time, and passed, as follows: The PRESIDING OFFICER. Is there Let me also make absolutely clear S. 1931 objection to the immediate consider- that this bill does not—repeat, does Be it enacted by the Senate and House of Rep- ation of the bill? not—provide royalty relief or lower resentatives of the United States of America in There being no objection, the Senate royalty rates for oil and gas producers Congress assembled, proceeded to consider the bill. who operate on Federal onshore lands SECTION 1. DESIGNATION OF L. CLURE MORTON Mr. STEVENS. I ask unanimous con- or the Outer Continental Shelf. H.R. UNITED STATES POST OFFICE AND sent that the bill be deemed read a 1975 is about royalty collection, not COURTHOUSE. The United States Post Office and Court- third time and passed, the motion to royalty rates. This bill is about im- house building located at 9 East Broad reconsider be laid upon the table, and proving government efficiency, not Street, Cookeville, Tennessee, shall be that any statements appear at this about increasing government bureauc- known and designated as the ‘‘L. Clure Mor- point in the RECORD. racy. And this bill is about increasing

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00221 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9676 CONGRESSIONAL RECORD — SENATE August 2, 1996 revenues to the Federal Treasury, not guish in a bureaucratic appeals process Royalty Simplification and Fairness about giving money away. and continue to lose value. By speeding Act. This legislation is historic for an- up the appeals process, the Secretary Mr. President, I ask unanimous con- other reason, Mr. President: It would would increase the value of those obli- sent that a letter dated June 6, 1996, empower States to perform oil and gas gations and collections to the Treas- from the Department of the Interior; a royalty management functions, such as ury. statement of administration policy, auditing and collecting, that are essen- The legislation also would level the dated July 16, 1996, from OMB; a letter tial to bringing additional receipts to playing field for royalty payors by au- dated May 30, 1996, from Leon Panetta; the Treasury and the States within a 7- thorizing the payment of interest on and a DOE news release dated July 16, year limitation period established by overpayments. Present law requires 1996, be printed in the RECORD. this legislation. By expanding the lessees to pay interest on late pay- There being no objection, the mate- States’ role in performing Federal oil ments and underpayments as a dis- rial was ordered to be printed in the and gas royalty management and col- incentive for being tardy or under- RECORD, as follows: lection functions consistent with Fed- paying royalties, but does not com- U.S. DEPARTMENT OF THE INTERIOR, eral law and regulation, States will be pensate lessees who overpay royalties OFFICE OF THE SECRETARY, given a great economic incentive that and who lose the time value of that Washington, DC, June 6, 1996. will benefit the Federal Treasury. The money through some legitimate error. Hon. FRANK MURKOWSKI, more aggressive States are in per- And finally, Mr. President, the legis- Chairman, Committee on Energy and Natural forming delegated functions, the great- lation would authorize the Secretary Resources, U.S. Senate, Washington, DC. er their share of net receipts under the to allow prepayment of royalties and DEAR MR. CHAIRMAN: I am writing to ex- Mineral Leasing Act. That act requires to provide other regulatory relief for press the views of the Department of the In- 50 percent of all royalties from Federal ‘‘marginal properties,’’ and require terior on S. 1014, the ‘‘Federal Oil and Gas Royalty Simplification and Fairness Act of onshore oil and gas production to be that adjustments or requests for re- 1996.’’ As you are aware, we have conducted shared with the States from which that funds for underpayments or overpay- extensive discussions with the staff of the production comes. ments be pursued within a 6-year win- Senate Energy and Natural Resources Com- H.R. 1975 establishes a framework for dow coinciding with the 7-year limita- mittee in an effort to address concerns and the federal oil and gas royalty collec- tion period. resolve differences raised by both parties. tion program that will accelerate the Mr. President, I want to thank my S. 1014, as marked up and passed by the full collection of offsetting receipts to the colleague, Senator NICKLES, for intro- Committee on May 1, incorporated nego- Treasury by $80 million in the 1997–2002 ducing the Senate companion to H.R. tiated language that is acceptable to the De- partment. After marking up the bill, the period, half of which moneys would be 1975, S. 1014, last June. Senator DOMEN- Committee staff and the Minerals Manage- shared with the States. These receipts ICI and I joined Senator NICKLES as ment Service identified a technical error, result primarily from: (1) requiring the sponsors of this historic bill, and Sen- and the Committee has developed an amend- Secretary of the Interior and delegated ator THOMAS has been deeply involved ment for Senate floor consideration. The States to timely collect all claims as well. I want to thank Senators NICK- amendment would correct an error in section within 7 years rather than allow the LES, DOMENICI, and THOMAS for their ef- 11, so that the effective date exception will claims to become stale and forts in regard to the royalty fairness apply to the appeals provision in section uncollectible; (2) requiring early reso- legislation. 115(h) and not to the records retention provi- lution and collection of disputed Mr. President, the fact that S. 1014 sion in section 115(f). The Department sup- ports S. 1014 as reported out of the Com- claims before their value diminishes; was reported from the Committee on mittee, with the adoption of the pending (3) requiring federal and State re- Energy and Natural Resources on May technical amendment. sources to be used in a manner that 1 by a unanimous voice vote and subse- In general, S. 1014 would amend the Fed- maximizes receipts through more ag- quently drew the support of the Clin- eral Oil and Gas Royalty Management Act, gressive collection activities; and (4) ton administration, and the fact that the Outer Continental Shelf Lands Act, and increasing production on federal lands the House swiftly passed H.R. 1975, the Mineral Leasing Act. The amendments by creating economic and regulatory speaks to the merits of this legislation, change the requirements that govern how incentives. Without the statutory the lengths to which we have gone to the Secretary of the Interior manages roy- framework of this legislation, the Na- resolve differences with the adminis- alty payments from Federal oil and gas leases onshore and on the OCS. The bill tion’s third largest revenue source (the tration over the language of the bill, would limit the persons that can be held lia- Interior Department’s Minerals Man- and the fact that this legislation is not ble for royalty payments; establish a 7-year agement Service is the third largest partisan legislation. statute of limitations and detail the cir- source of revenue behind the IRS and This is good-government legislation, cumstances under which the statute of limi- Customs Service) will continue to be and no mater what criticism we may tations can be tolled; establish time limits subject to greatly delayed collections hear of it, it will be good for the tax- for administrative appeals decisions; require and the risk of reduced receipts due to payers, good for the States, and good the Secretary to pay interest on all overpay- non-collection over time. for the energy producing sector of our ments; process OCS refunds and credits in To achieve the goal of maximizing the same manner as onshore leases; under- economy. take measures to encourage efficiency and collections through more timely and Importantly, Mr. President, H.R. 1975 reduce duplicate reporting; and relax report- aggressive collection efforts, this legis- will empower States to join in partner- ing and payment requirements on marginal lation would do the following specific ship with the Federal Government in producing leases, including accepting pre- things. It would require the Secretary, assuming certain royalty management payments of future royalties. Lastly, S. 1014 delegated States, and lessees to take functions pursuant to a delegation of would change existing statutory authority action respecting a royalty obligation authority. By providing States with a for the Secretary to delegate royalty man- within seven years from the date that role in performing oil and gas royalty agement activities to States. obligation became due. The provisions management functions, we will be giv- This delegation issue has been of par- ticular interest to the Department. Our pri- require that judicial proceedings or de- ing States the economic incentive to ority has been to ensure that the delegation mands (e.g., orders to pay) be com- perform those functions in a more cost provision does not contain unacceptable bars menced or issued within seven years of effective manner. Aggressive pursuit of to the exercise of Secretarial discretion. We the date when the obligation became royalty obligations by States will be believe that the language contained in the due or be barred. Lessees would be re- rewarded by higher net receipts shares current version of S. 1014 provides new bene- quired to maintain their records during for the States, because 50 percent of oil fits for states by expanding the list of dele- the 7-year period in order to verify pro- and gas receipts are shared with the gable authorities which a state may seek and duction volumes. States, and it will result in higher re- requiring the Secretary, to make a decision H.R. 1975 would expedite the adminis- regarding any pending state application for ceipts to the federal treasury. delegation within 90 days of its submission. trative appeals process at the Interior This is a fiscal ‘‘win-win’’ no matter At the same time, however, the bill preserves Department by establishing a 33-month how you view it. This is good public the Secretary’s discretion regarding impor- limitation on appeals. Presently, over policy. I urge my colleagues to join me tant decisions affecting public lands, unlike $450 million in disputed claims lan- in supporting the Federal Oil and Gas similar language in the companion House

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00222 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS August 2, 1996 CONGRESSIONAL RECORD — SENATE S9677 bill (H.R. 1975) which unacceptably dimin- DOE NEWS ess, which will, in turn, give a much- ishes the Secretary’s discretionary author- STATEMENT OF CHARLES B. CURTIS, DEPUTY needed boost to our domestic oil and ity. Certainly, we could not accept any SECRETARY, U.S. DEPARTMENT OF ENERGY gas industry and lessen our dependence amendments that would weaken the Sec- ON ROYALTY FAIRNESS on foreign imports. retary’s authority as currently provided in ‘‘The Clinton Administration is extremely S. 1014. This is a good-government bill, a The Office of Management and Budget has pleased by passage in the House today of win-win bill, and I urge the President advised that there is no objection to the H.R. 1975, the Federal Oil and Gas Royalty to sign this bill into law as soon as pos- presentation of this report from the stand- Simplification and Fairness Act. This legis- sible. point of the Administration’s program. lation will improve the competitiveness of Mr. NICKLES. Mr. President, today Sincerely, America’s natural gas and oil industry by re- ducing red tape and making the federal regu- we have finally passed the Federal Oil SYLVIA V. BACA, latory structure more efficient and respon- and Gas Royalty Simplification and Acting Assistant Secretary for Fairness Act of 1996. I introduced this Land and Minerals Management. sive. ‘‘The Administration has worked hard to bill last year. It is a bipartisan bill advance this legislation because we believe that has the support of the administra- EXECUTIVE OFFICE OF THE PRESI- that simplifying royalty collection proce- DENT, OFFICE OF MANAGEMENT tion as well as 14 State Governors who dures will make it less costly for domestic AND BUDGET, represent 99 percent of all Federal on- energy producers to find and produce more Washington, DC, July 16, 1996. shore production, the Interstate Oil natural gas and oil on federal lands. That, in STATEMENT OF ADMINISTRATION POLICY turn, will reduce America’s reliance on for- and Gas Compact Commission and in- (This statement has been coordinated by eign oil. Furthermore, the Congressional dustry trade associations who rep- OMB with the concerned agencies.) Budget Office estimates that enactment of resent virtually 100 percent of all Fed- H.R. 1975—FEDERAL OIL AND GAS ROYALTY this measure will contribute an additional eral lessees. SIMPLIFICATION/FAIRNESS $51 million in federal revenues and $33 mil- This bill amends the Federal Oil and lion in state revenues over seven years. (Calvert (R) CA) and 10 cosponsors) Gas Royalty Management Act of 1982 ‘‘The bipartisan support in the House for The Administration is committed to ensur- and applies to leases issued by the Sec- this bill is a major step forward in making retary of the Interior on Federal on- ing the efficient management of the Federal government work for the American people. If oil and gas program and to finding new ways the Senate also approves this legislation, it shore lands and the Outer Continental for the States to work cooperatively and cre- will be good news for American workers, Shelf. The bill’s objectives are to pro- atively with the Federal Government. Ac- good news for the U.S. Treasury and, most vide greater certainty, simplicity, fair- cordingly, the Administration strongly sup- important, good news for our Nation’s en- ness and administrative efficiencies in ports enactment of H.R. 1975 if amended to ergy and National security.’’ the laws that govern Federal royalties. adopt the language of S. 1014, as reported by Mr. DOMENICI. Mr. President, I Over time, serious problems have de- the Senate, with the technical amendment veloped with the ways courts and con- agreed upon by the Administration and the speak today about extremely impor- Senate Energy and Natural Resources Com- tant legislation that we will pass in the sequently the Minerals Management mittee. The Senate reported bill maintains Senate: The Federal Oil and Gas Roy- Service [MMS] have interpreted the Federal discretion in delegating royalty col- alty Simplification and Fairness Act of Federal statute of limitations gov- lection and other duties to States while ex- 1996. erning royalty collection. Basically the panding the list of delegable authorities that This bill is a win-win solution for our issue is: At what time does the statute a State may seek. beleaguered domestic oil and gas indus- of limitations begin to run on the un- try, oil and gas-producing States like derpayment of royalties? THE WHITE HOUSE, Some courts claim that the statute Washington, DC, May 30, 1996. my State of New Mexico, and the Fed- of limitations does not begin to run Hon. FRANK H. MURKOWSKI, eral Treasury. U.S. Senate, As one of the three cosponsors of this until the MMS ‘‘should have known Washington, DC. legislation, I wish to commend Senator about the deficiency’’ in the amount DEAR MR. MURKOWSKI: I am writing to in- NICKLES for introducing the bill, Sen- the producer has paid [Mesa versus form you of the Administration’s position re- ator MURKOWSKI for joining with me as U.S. (10th Cir. 1994)]. Other courts have garding the pending Oil and Gas Royalty a cosponsor, and Senator THOMAS for held that the current 6-year statute ‘‘is Simplification and Fairness legislation (S. fighting hard with us to move this bill tolled until such time as the govern- 1014). Let me assure you that the Adminis- through committee and past initial ad- ment could reasonably have known tration remains committed to ensuring the efficient management of Federal lands and ministration objections. about a fact material to its right of ac- finding new ways for the States to work co- The bill before us reflects solid bipar- tion.’’ [Phillips versus Lujan (10th Cir. operatively and creatively with the Federal tisan support and the hard work of the 1993)]. Government. The President shares your hope majority and the minority to narrow Either of the above interpretations that an agreement can be reached on the our differences and reach a good com- subjects producers to unlimited liabil- State delegation issue. promise. ity—a period that well exceeds the In an effort to resolve this issue, Adminis- The Royalty Fairness bill will gen- statute of limitations on other agency tration representatives, working with the erate more revenue for the State and actions regarding producers. This situ- staff of the Senate Energy Committee, were Federal Government, which means ation has created a climate of deep un- successful in reaching an agreement on lan- guage that would expand the list of delegable more funding will be available for New certainty in the payment of royalties royalty management authorities, without re- Mexico schools and for other vital that was not intended by Congress and ducing the Secretary of the Interior’s re- State programs that depend on reve- that is not in the best interests of con- sponsibility with respect to the management nues from oil and gas royalties. sumers, producers, or ultimately the of Federal lands. That language was included According to CBO, the Royalty Fair- U.S. Government. in S. 1014, which was reported out of the Sen- ness bill has the potential to save tax- Oil and gas producers pay billions of ate Energy Committee on May 1st. The Ad- payers more than $50 million over 7 dollars every year for the opportunity ministration supports S. 1014 as reported out years. States keep half of the oil and to drill on Federal land. The payment of Committee, but will seek a minor tech- nical amendment. The Administration be- gas royalties, and because of our legis- of royalties is a routine part of doing lieves this bill’s State delegation language is lation will have the potential to re- business with the Federal Government. acceptable, unlike the language included in ceive over $30 million of additional roy- There is no attempt here to alter that H.R. 1975, the House Resources Committee alty revenue into their State treasuries obligation to pay. bill on Royalty Simplification. when this bill is enacted into law. However, as in all other businesses, The Administration will continue to work Let me remind my colleagues that oil and gas producers need certainty in with Congress as the legislative process the Federal royalty collection system their business relationships and in moves forward, and stands ready to work in is our Nation’s third largest source of their business transactions with the support of the language included in the Sen- Federal Government. That certainty is ate Energy Committee bill. I appreciate your revenue, and this bill makes long-need- interest and support in this important legis- ed improvements to that system. not now present in the MMS’s regula- lation. This bill will finally give the oil tions or in numerous court decisions Sincerely, patch more consistency and less uncer- interpreting the applicable statute of LEON E. PANETTA, Chief of Staff. tainty in the royalty collection proc- limitations. Certainty can be achieved

VerDate Aug 31 2005 05:50 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00223 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S02AU6.REC S02AU6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9678 CONGRESSIONAL RECORD — SENATE August 2, 1996 only through legislation. For that rea- (5) On page 36, line 24, insert the word APPOINTMENT BY THE MINORITY son, I introduced the Royalty Fairness ‘‘owned’’ and insert in lieu thereof the word LEADER ‘‘owed’’. Act of 1995. The PRESIDING OFFICER. The The main objective of this legislation (6) On page 39, line 8, insert the word ‘‘dues’’ and insert in lieu thereof the word Chair, on behalf of the minority leader, is to establish a clear statute of limita- ‘‘due’’. pursuant to Public Law 104–132, ap- tions and identify the time when the (7) On page 44, line 24, insert the word ‘‘it’’ points Donald C. Dahlin, of South Da- statute of limitations begins to run on and insert in lieu thereof the word ‘‘its’’. kota, as a member of the Commission royalty payments. This bill establishes on the Advancement of Federal Law a 7-year statute of limitations and in f Enforcement. most cases, the statute will begin to f run when the obligation to pay the roy- ORDERS FOR TUESDAY, alty begins. SEPTEMBER 3, 1996 ADJOURNMENT UNTIL 11 A.M., In addition, this bill permits the Sec- Mr. STEVENS. Mr. President, I ask TUESDAY, SEPTEMBER 3, 1996 retary of the Interior to delegate roy- unanimous consent that when the Sen- Mr. STEVENS. Mr. President, if alty collections and related activities ate completes its business today it there is no further business to come be- to the States, it provides for adjust- stand in adjournment until the hour of fore the Senate, I now ask that the ments or refund requests to correct un- 11 a.m. on Tuesday, September 3; fur- Senate stand in adjournment in accord- derpayments or overpayments of obli- ther, that immediately following the ance with House concurrent resolution gations, it authorizes the payment of prayer, the Journal of proceedings be 203. interest to lessees who make overpay- deemed approved to date, no resolu- There being no objection, the Senate, ments, and it provides alternatives for tions come over under the rule, the call at 9:16 p.m., adjourned until Tuesday, marginal properties including prepay- of the calendar be dispensed with, and September 3, 1996, at 11 a.m. ment of royalties or regulatory relief. the morning hour be deemed to have f In conclusion, the Congressional expired, the time for the two leaders be NOMINATIONS Budget Office estimates this bill would reserved for their use later in the day, Executive nominations received by increase revenues to the U.S. Treasury and that there then be a period for the Senate August 2, 1996: by $36 million over 6 years, and cumu- morning business until the hour of 2 THE JUDICIARY latively to the States by $9 million p.m. with the first 90 minutes under ROBERT W. PRATT, OF IOWA, TO BE U.S. DISTRICT during the same interval. I am con- the control of Senator DASCHLE or his JUDGE FOR THE SOUTHERN DISTRICT OF IOWA VICE fident that passage of this bill is much designee, and that the second 90 min- HAROLD D. VIETOR, RETIRED. needed to create a climate of certainty utes be under the control of Senator f in the oil and gas industry as well as COVERDELL or his designee. CONFIRMATIONS being very much in the national eco- The PRESIDING OFFICER. Without nomic interest. objection, it is so ordered. Executive nominations confirmed by Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I ask unanimous con- the Senate August 2, 1996: unanimous consent that the bill be sent that following morning business COMMODITY FUTURES TRADING COMMISSION deemed read a third time and passed, on Tuesday, September 3, the Senate BROOKSLEY ELIZABETH BORN, OF THE DISTRICT OF COLUMBIA, TO BE A COMMISSIONER OF THE COMMODITY the motion to reconsider be laid upon proceed to the consideration of House FUTURES TRADING COMMISSION FOR THE REMAINDER the table, and that any statements re- bill H.R. 3666, the VA-HUD appropria- OF THE TERM EXPIRING APRIL 13, 1999. BROOKSLEY ELIZABETH BORN, OF THE DISTRICT OF lating to the bill be placed at the ap- tions bill. COLUMBIA, TO BE CHAIRMAN OF THE COMMODITY FU- propriate place in the RECORD. The PRESIDING OFFICER. Without TURES TRADING COMMISSION. DAVID D. SPEARS, OF KANSAS, TO BE A COMMISSIONER The PRESIDING OFFICER. Without objection, it is so ordered. OF THE COMMODITY FUTURES TRADING COMMISSION objection, it is so ordered. FOR THE TERM EXPIRING APRIL 13, 2000. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT The bill (H.R. 1975) was deemed read f TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- the third time and passed. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY PROGRAM CONSTITUTED COMMITTEE OF THE SENATE. f THE JUDICIARY Mr. STEVENS. Mr. President, there TECHNICAL CORRECTIONS IN THE will be no rollcall votes on September ANN D. MONTGOMERY, OF MINNESOTA, TO BE UNITED ENROLLMENT OF H.R. 1975 STATES DISTRICT JUDGE FOR THE DISTRICT OF MIN- 3. NESOTA. Mr. STEVENS. Mr. President, I now The Senate may also be asked to DEPARTMENT OF TRANSPORTATION ask unanimous consent that the Sen- turn to consideration of any other ex- CHARLES A. HUNNICUTT, OF GEORGIA, TO BE AN AS- ate proceed to the immediate consider- ecutive or legislative items cleared for SISTANT SECRETARY OF TRANSPORTATION. ation of Senate Concurrent Resolution action. There are a number of available UNITED STATES ENRICHMENT CORPORATION 70 submitted earlier today by Senator appropriations conference reports, such CHARLES WILLIAM BURTON, OF TEXAS, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE U.S. ENRICH- MURKOWSKI; further, that the resolu- as the D.C. appropriations, military MENT CORPORATION FOR A TERM EXPIRING FEBRUARY tion be agreed to and the motion to re- construction appropriations, legisla- 24, 2001. CHRISTOPHER M. COBURN, OF OHIO, TO BE A MEMBER consider be laid upon the table. tive appropriations, as well as the de- OF THE BOARD OF DIRECTORS OF THE U.S. ENRICHMENT The PRESIDING OFFICER. Without fense authorization conference report. CORPORATION FOR A TERM EXPIRING FEBRUARY 24, 2000. objection, it is so ordered. On Wednesday the Senate will resume COMMODITY FUTURES TRADING COMMISSION The concurrent resolution (S. Con. consideration of the VA-HUD appro- BROOKSLEY ELIZABETH BORN, OF THE DISTRICT OF Res. 70) was agreed to, as follows: COLUMBIA, TO BE A COMMISSIONER OF THE COMMODITY priations bill or any of the above men- FUTURES TRADING COMMISSION FOR THE REMAINDER S. CON. RES. 70 tioned reports with rollcall votes ex- OF THE TERM EXPIRING APRIL 13, 1999. Resolved by the Senate (the House of Rep- BROOKSLEY ELIZABETH BORN, OF THE DISTRICT OF pected. On Thursday the Senate will COLUMBIA, TO BE CHAIRMAN OF THE COMMODITY FU- resentatives concurring), That in the enroll- consider the Defense of Marriage Act TURES TRADING COMMISSION. ment of the bill (H.R. 1975) to improve the under a previous unanimous-consent DAVID D. SPEARS, OF KANSAS, TO BE A COMMISSIONER management of royalties from Federal and OF THE COMMODITY FUTURES TRADING COMMISSION FOR THE TERM EXPIRING APRIL 13, 2000. Outer Continental Shelf oil and gas leases, agreement. PANAMA CANAL COMMISSION and for other purposes, the Clerk of the f House of Representatives shall make the fol- ALBERTO ALEMAN ZUBIETA, A CITIZEN OF THE REPUB- lowing corrections: LIC OF PANAMA, TO BE ADMINISTRATOR OF THE PAN- APPOINTMENT BY THE PRESIDENT AMA CANAL COMMISSION. (1) On page 5, line 23, strike the word ‘‘pro- UNIFORMED SERVICES UNIVERSITY OF THE vision’’ and insert in lieu thereof the word PRO TEMPORE HEALTH SCIENCES ‘‘provisions’’. The PRESIDING OFFICER. The (2) On page 29, line 23, insert the word ‘‘so’’ Chair, on behalf of the President pro EVERETT ALVAREZ, JR., OF MARYLAND, TO BE A MEM- before the word ‘‘demonstrate’’. BER OF THE BOARD OF REGENTS OF THE UNIFORMED tempore, pursuant to Public Law 104– SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A (3) On page 36, line 2, insert the word ‘‘not’’ 132, appoints Robert M. Stewart, of TERM EXPIRING MAY 1, 1999. after the word ‘‘shall’’. CONSUMER PRODUCT SAFETY COMMISSION (4) On page 36, line 19, insert the word South Carolina, as a member of the Commission on the Advancement of THOMAS HILL MOORE, OF FLORIDA, TO BE A COMMIS- ‘‘rate’’ and insert in lieu thereof the word SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- ‘‘date’’. Federal Law Enforcement. SION FOR A TERM OF 7 YEARS FROM OCTOBER 26, 1996.

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NUCLEAR REGULATORY COMMISSION SIONS OF TITLE 10, UNITED STATES CODE, SECTIONS UNRESTRICTED LINE 611(A) AND 624(C): EDWARD MC GAFFIGAN, JR., OF VIRGINIA, TO BE A To be rear admiral MEMBER OF THE NUCLEAR REGULATORY COMMISSION To be brigadier general FOR THE TERM OF 5 YEARS EXPIRING JUNE 30, 2000. REAR ADM. (LH) JAMES WAYNE EASTWOOD, 000–00–0000, COL. RALPH O. DEWITT, JR., 000–00–0000, U.S. ARMY. U.S. NAVAL RESERVE. NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE COL. KEVIN C. KILEY, 000–00–0000, U.S. ARMY. NUCLEAR REGULATORY COMMISSION FOR THE TERM OF REAR ADM. (LH) JOHN EDWIN KERR, 000–00–0000, U.S. COL. MICHAEL J. KUSSMAN, 000–00–0000, U.S. ARMY. NAVAL RESERVE. 5 YEARS EXPIRING JUNE 30, 2001. COL. DARREL R. PORR, 000–00–0000, U.S. ARMY. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT REAR ADM. (LH) JOHN BENJAMIN TOTUSHEK, 000–00–0000, U.S. NAVAL RESERVE. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. RESTRICTED LINE CONSTITUTED COMMITTEE OF THE SENATE. ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES To be rear admiral THE JUDICIARY CODE, SECTION 601(A): REAR ADM. (LH) ROBERT HULBURT WEIDMAN, JR., 000– ANN D. MONTGOMERY, OF MINNESOTA, TO BE U.S. DIS- To be lieutenant general 00–0000, U.S. NAVAL RESERVE. TRICT JUDGE FOR THE DISTRICT OF MINNESOTA. MAJ. GEN. ERIC K. SHINSEKI, 000–00–0000. STAFF CORPS IN THE AIR FORCE THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN To be rear admiral THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN THE REGULAR ARMY OF THE UNITED STATES TO THE THE REGULAR AIR FORCE OF THE UNITED STATES TO REAR ADM. (LH) M. EUGENE FUSSELL, 000–00–0000, U.S. GRADE INDICATED UNDER TITLE 10, UNITED STATES NAVAL RESERVE. THE GRADE INDICATED UNDER TITLE 10, UNITED STATES CODE, SECTIONS 611(A) AND 624: CODE, SECTION 624: THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT To be brigadier general To be major general TO THE GRADE OF VICE ADMIRAL IN THE U.S. NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIG. GEN. MICHAEL W. ACKERMAN, 000–00–0000. COL. GILBERT J. REGAN, 000–00–0000, U.S. AIR FORCE. RESPONSIBILITY UNDER TITLE 10 U.S.C., SECTION 601: BRIG. GEN. FRANK H. AKERS, JR., 000–00–0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT BRIG. GEN. LEO J. BAXTER, 000–00–0000. To be vice admiral IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- BRIG. GEN. ROY E. BEAUCHAMP, 000–00–0000. DICATED, UNDER TITLE 10, UNITED STATES CODE, SEC- BRIG. GEN. KENNETH R. BOWRA, 000–00–0000. REAR ADM. (SELECTEE) LYLE G. BIEN, 000–00–0000. BRIG. GEN. KEVIN P. BYRNES, 000–00–0000. TIONS 8374, 12201, AND 12212: THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- BRIG. GEN. MICHAEL A. CANAVAN, 000–00–0000. MENT TO THE GRADE OF ADMIRAL IN THE U.S. NAVY To be brigadier general BRIG. GEN. ROBERT T. CLARK, 000–00–0000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIG. GEN. MICHAEL L. DODSON, 000–00–0000. COL. CHRISTOPHER J. LUNA, 000–00–0000, AIR NATIONAL RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, BRIG. GEN. ROBERT B. FLOWERS, 000–00–0000. GUARD OF THE UNITED STATES. SECTIONS 601 AND 5033: BRIG. GEN. PETER C. FRANKLIN, 000–00–0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT BRIG. GEN. THOMAS W. GARRETT, 000–00–0000. CHIEF OF NAVAL OPERATIONS BRIG. GEN. EMMITT E. GIBSON, 000–00–0000. TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. To be admiral AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- BRIG. GEN. DAVID L. GRANGE, 000–00–0000. TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED BRIG. GEN. DAVID R. GUST, 000–00–0000. ADM. JAY L. JOHNSON, 000–00–0000. STATES CODE, SECTION 601: BRIG. GEN. MARK R. HAMILTON, 000–00–0000. BRIG. GEN. PATRICIA R.P. HICKERSON, 000–00–0000. IN THE AIR FORCE To be lieutenant general BRIG. GEN. ROBERT R. IVANY, 000–00–0000. BRIG. GEN. JOSEPH K. KELLOGG, JR., 000–00–0000. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MAJ. GEN. ROGER G. DE KOK, 000–00–0000. BRIG. GEN. JOHN M. LE MOYNE, 000–00–0000. TO THE GRADE OF GENERAL IN THE U.S. AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JOHN M. MC DUFFIE, 000–00–0000. BRIG. GEN. FREDDY E. MC FARREN, 000–00–0000. RESPONSIBILITY UNDER TITLE 10 UNITED STATES CODE, TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. SECTION 601: AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- BRIG. GEN. MARIO F. MONTERO, JR., 000–00–0000. TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED BRIG. GEN. STEPHEN T. RIPPE, 000–00–0000. To be general STATES CODE, SECTION 601: BRIG. GEN. JOHN J. RYNESKA, 000–00–0000. BRIG. GEN. ROBERT D. SHADLEY, 000–00–0000. LT. GEN. HOWELL M. ESTES, III. 000–00–0000. To be lieutenant general BRIG. GEN. EDWIN P. SMITH, 000–00–0000. IN THE ARMY BRIG. GEN. JOHN B. SYLVESTER, 000–00–0000. MAJ. GEN. PATRICK K. GAMBLE, 000–00–0000. BRIG. GEN. RALPH G. WOOTEN, 000–00–0000 THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. GRADE INDICATED UNDER TITLE 10, UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- THE FOLLOWING-NAMED BRIGADIER GENERALS OF CODE, SECTIONS 3385, 3392, AND 12203(A): TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED THE U.S. MARINE CORPS RESERVE FOR PROMOTION TO To be major general STATES CODE, SECTION 601: THE GRADE OF MAJOR GENERAL, UNDER THE PROVI- SIONS OF SECTION 5898 OF TITLE 10, UNITED STATES BRIG. GEN. GERALD A. RUDISILL, JR., 000–00–0000. To be lieutenant general CODE: IN THE AIR FORCE LT. GEN. LESTER L. LYLES, 000–00–0000. To be major general THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JOHN W. HILL, 000–00–0000, USMCR. THE REGULAR AIR FORCE OF THE UNITED STATES TO TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. BRIG. GEN. DENNIS M. MC CARTHY, 000–00–0000, USMCR. THE GRADE INDICATED UNDER TITLE 10, UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPOR- CODE, SECTION 624: TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED THE FOLLOWING-NAMED COLONELS OF THE U.S. MA- STATES CODE, SECTION 601: RINE CORPS FOR PROMOTION TO THE GRADE OF BRIGA- To be brigadier general To be lieutenant general DIER GENERAL, UNDER THE PROVISIONS OF SECTION 624 OF TITLE 10, UNITED STATES CODE: COL. GARRY R. TREXLER, 000–00–0000. MAJ. GEN. JOHN B. SAMS, JR., 000–00–0000, U.S. AIR FORCE. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT To be brigadier general IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- DICATED, UNDER THE PROVISIONS OF TITLE 10, U.S.C., COL. ROBERT R. BLACKMAN, JR., 000–00–0000, USMC. MENT TO THE GRADE OF LIEUTENANT GENERAL WHILE SECTIONS 8373, 8374, 12201, AND 12212: COL. WILLIAM G. BOWDON, III, 000–00–0000, USMC. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- COL. JAMES T. CONWAY, 000–00–0000, USMC. To be major general COL. KEITH T. HOLCOMB, 000–00–0000, USMC. TION 601: BRIG. GEN. KEITH D. BJERKE, 000–00–0000, AIR NATIONAL COL. HAROLD MASHBURN, JR., 000–00–0000, USMC. GUARD. To be lieutenant general COL. GREGORY S. NEWBOLD, 000–00–0000, USMC. BRIG. GEN. EDMOND W. BOENISCH, JR., 000–00–0000, AIR NA- LT. GEN. CHARLES T. ROBERTSON, 000–00–0000, U.S. AIR THE FOLLOWING-NAMED COLONEL OF THE U.S. MARINE TIONAL GUARD. FORCE. CORPS FOR PROMOTION TO THE GRADE OF BRIGADIER BRIG. GEN. STEWART R. BYRNE, 000–00–0000, AIR NA- GENERAL, UNDER THE PROVISIONS OF SECTION 624 OF TIONAL GUARD. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TITLE 10, UNITED STATES CODE: BRIG. GEN. JOHN H. FENIMORE, V, 000–00–0000, AIR NA- TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- To be brigadier general TIONAL GUARD. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BRIG. GEN. JOHNNY J. HOBBS, 000–00–0000, AIR NATIONAL BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION COL. GUY M. VANDERLINDEN, 000–00–0000, USMC. GUARD. 601: BRIG. GEN. STEPHEN G. KEARNEY, 000–00–0000, AIR NA- THE FOLLOWING-NAMED COLONEL OF THE U.S. MARINE TIONAL GUARD. To be lieutenant general CORPS FOR PROMOTION TO THE GRADE OF BRIGADIER BRIG. GEN. WILLIAM B. LYNCH, 000–00–0000, AIR NATIONAL GENERAL, UNDER THE PROVISIONS OF SECTION 624 OF MAJ. GEN. FRANK B. CAMPBELL, 000–00–0000, U.S. AIR GUARD. TITLE 10, UNITED STATES CODE: FORCE. To be brigadier general IN THE ARMY To be brigadier general COL. BRIAN E. BARENTS, 000–00–0000, AIR NATIONAL THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. ARNOLD FIELDS, 000–00–0000, USMC. GUARD. TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. GEORGE P. CHRISTAKOS, 000–00–0000, AIR NATIONAL ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. GUARD. AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES MARINE CORPS WHILE ASSIGNED TO A POSITION OF IM- COL. WALTER C. CORISH, JR., 000–00–0000, AIR NATIONAL CODE, SECTION 601(A): PORTANCE AND RESPONSIBILITY UNDER THE PROVI- GUARD. SIONS OF SECTION 601(A), TITLE 10, UNITED STATES COL. FRED E. ELLLIS, 000–00–0000, AIR NATIONAL GUARD. To be lieutenant general CODE: COL. FREDERICK D. FEINSTEIN, 000–00–0000, AIR NATIONAL MAJ. GEN. DAVID L. BENTON, 000–00–0000. GUARD. To be lieutenant general COL. WILLIAM P. GRALOW, 000–00–0000, AIR NATIONAL THE FOLLOWING-NAMED ARMY MEDICAL SERVICE MAJ. GEN. CARLTON W. FULFORD, JR., 000–00–0000. GUARD. CORPS COMPETITIVE CATEGORY OFFICER FOR APPOINT- COL. DOUGLAS E. HENNEMAN, 000–00–0000, AIR NATIONAL MENT IN THE REGULAR ARMY OF THE UNITED STATES THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE- GUARD. TO THE GRADE OF BRIGADIER GENERAL UNDER THE DUTY LIST, FOR PROMOTION TO THE GRADE OF BRIGA- COL. EDWARD R. JAYNE, II, 000–00–0000, AIR NATIONAL PROVISIONS OF THE TITLE 10, UNITED STATES CODE, DIER GENERAL IN THE U.S. MARINE CORPS IN ACCORD- GUARD. SECTIONS 611(A) AND 624(C): ANCE WITH SECTION 5046 OF TITLE 10, UNITED STATES COL. RAYMOND T. KLOSOWSKI, 000–00–0000, AIR NATIONAL CODE: GUARD. To be brigadier general THEODORE G. HESS, 000–00–0000. COL. FRED N. LARSON, 000–00–0000, AIR NATIONAL GUARD. COL. MACK C. HILL, 000–00–0000, U.S. ARMY. IN THE NAVY COL. BRUCE W. MACLANE, 000–00–0000, AIR NATIONAL GUARD. THE FOLLOWING-NAMED ARMY MEDICAL CORPS COM- THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN COL. RONALD W. MIELKE, 000–00–0000, AIR NATIONAL PETITIVE CATEGORY OFFICERS FOR APPOINTMENT IN THE NAVAL RESERVE OF THE UNITED STATES TO THE GUARD. THE REGULAR ARMY OF THE UNITED STATES TO THE GRADE INDICATED UNDER TITLE 10, UNITED STATES COL. FRANK A. MITOLO, 000–00–0000, AIR NATIONAL GRADE OF BRIGADIER GENERAL UNDER THE PROVI- CODE, SECTION 5912: GUARD.

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COL. FRANK D. REZAC, 000–00–0000, AIR NATIONAL GUARD. IN THE ARMY AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. JOHN P. SILLIMAN, JR., 000–00–0000, AIR NATIONAL JULY 11, 1996. GUARD. ARMY NOMINATION OF WAYNE E. ANDERSON, WHICH COL. GEORGE E. WILSON, III, 000–00–0000, AIR NATIONAL WAS RECEIVED BY THE SENATE AND APPEARED IN THE IN THE NAVY GUARD. CONGRESSIONAL RECORD ON JUNE 18, 1996. NAVY NOMINATIONS BEGINNING MICHAEL P. AGOR, ARMY NOMINATIONS BEGINNING ANN L. BAGLEY, AND AND ENDING DONALD H. FLOWERS, WHICH NOMINATIONS IN THE AIR FORCE ENDING BURKHARDT H. ZORN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE AIR FORCE NOMINATIONS BEGINNING GREGORY O. CONGRESSIONAL RECORD ON MAY 17, 1996. CONGRESSIONAL RECORD ON JULY 11, 1996. ALLEN, AND ENDING STEPHEN M. WOLFE, WHICH NOMI- NAVY NOMINATIONS BEGINNING WILLIAM S. ADSIT, ARMY NOMINATIONS BEGINNING JAMES W. BAIK, AND NATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING CRISPIN A. TOLEDO, WHICH NOMINATIONS ENDING PETER C. YOUNG, WHICH NOMINATIONS WERE PEARED IN THE CONGRESSIONAL RECORD ON JUNE 3, WERE RECEIVED BY THE SENATE AND APPEARED IN THE RECEIVED BY THE SENATE AND APPEARED IN THE CON- 1996. CONGRESSIONAL RECORD ON JUNE 3, 1996. GRESSIONAL RECORD ON JULY 11, 1996. AIR FORCE NOMINATIONS BEGINNING DERRICK K. AN- NAVY NOMINATIONS BEGINNING JOHNNY P. ALBUS, DERSON, AND ENDING JONI E. YOUNG, WHICH NOMINA- IN THE MARINE CORPS AND ENDING MARK E. SCHULTZ, WHICH NOMINATIONS TIONS WERE RECEIVED BY THE SENATE AND APPEARED WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE CONGRESSIONAL RECORD ON JUNE 3, 1996. MARINE CORPS NOMINATIONS BEGINNING RICHARD L. CONGRESSIONAL RECORD ON JUNE 3, 1996. AIR FORCE NOMINATIONS BEGINNING STEPHEN D. WEST, AND ENDING PAUL P. HARRIS, WHICH NOMINA- NAVY NOMINATIONS BEGINNING ANTHONY L. CHIABOTTI, AND ENDING JOHN M. LOPARDI, WHICH NOMI- TIONS WERE RECEIVED BY THE SENATE AND APPEARED EVANGELISTA, AND ENDING LAURA C. MC CLELLAND, NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON JULY 9, 1996. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON JULY 9, MARINE CORPS NOMINATIONS BEGINNING JOHN AND APPEARED IN THE CONGRESSIONAL RECORD ON 1996. JOSPEH CANNEY, WHICH WAS RECEIVED BY THE SENATE JULY 9, 1996.

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