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

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

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 16, 1998 No. 123 Senate The Senate met at 9:30 a.m., and was alties. There will be 3 hours for debate The Senator from California is recog- called to order by the President pro on the amendment. At the conclusion nized. tempore (Mr. THURMOND). or yielding back of time, the Senate Mrs. BOXER. Thank you very much, will proceed to a vote on a motion to Mr. President. PRAYER table the Boxer amendment. Following AMENDMENT NO. 3594 The Chaplain, Dr. Lloyd John that vote, it is expected that further Ogilvie, offered the following prayer: amendments to the Interior bill will be (Purpose: To strike the section delaying issuance of a notice of final rulemaking Gracious Father, we claim Your offered and debated. Therefore, Mem- bers should expect rollcall votes with respect to the valuation of crude oil promise given through Isaiah, ‘‘Your for royalty purposes) ears shall hear a word behind you say- throughout today’s session and into Mrs. BOXER. Mr. President, I send an ing, ‘This is the way, walk in it’ ’’—Isa- the evening in relation to the Interior amendment to the desk and ask for its iah 30:21. We humbly ask for that kind bill or any other legislation or execu- immediate consideration. of clear guidance for everything we do tive items cleared for action. The lead- today. We know that it comes as a re- er expresses his thanks to colleagues The PRESIDING OFFICER. The sult of seeking Your direction, listen- for their attention. clerk will report the amendment. ing carefully to Your answers commu- f The assistant legislative clerk read as follows: nicated through our thoughts, and DEPARTMENT OF THE INTERIOR being faithful in following Your lead- AND RELATED AGENCIES APPRO- The Senator from California [Mrs. BOXER], ing. We confess anything that may PRIATIONS ACT, 1999 for herself, Mr. BUMPERS, Mr. DASCHLE, Mr. stand in the way of receiving Your in- DURBIN and Mr. WELLSTONE, proposes an spiration. Make us clear channels for The PRESIDING OFFICER (Mr. amendment numbered 3594. the flow of Your spirit. Maximize our ALLARD). The Senate will now resume consideration of S. 2237, which the Mrs. BOXER. Mr. President, I ask native intelligence with Your wisdom, unanimous consent that reading of the our analytical skills with Your discern- clerk will report. The assistant legislative clerk read amendment be dispensed with. ment, and our agendas with Your prior- as follows: Mr. DOMENICI. Reserving the right ities. You know how pressured life be- to object, is it a short amendment? comes. Therefore, give the Senators A bill (S. 2237) making appropriations for the Department of the Interior and related Mrs. BOXER. Pardon me? clear minds and trusting hearts. You agencies for the fiscal year ending Sep- have called them to greatness through tember 30, 1999, and for other purposes. Mr. DOMENICI. Is it a short amendment? Your grace and goodness. With them, The Senate resumed consideration of we dedicate all that we have and are to the bill. Mrs. BOXER. Yes. You and our beloved Nation. Through Pending: Mr. DOMENICI. I would like it read. our Lord and Savior. Amen. Daschle amendment No. 3581, to provide Mrs. BOXER. That is no problem f emergency assistance to agricultural pro- with us at all. ducers. RECOGNITION OF THE ACTING The PRESIDING OFFICER. The MAJORITY LEADER Mr. DOMENICI. Mr. President, we clerk will read the amendment. are awaiting Senator BOXER. I suggest The assistant legislative clerk read The PRESIDENT pro tempore. The the absence of a quorum. able acting majority leader, the distin- The PRESIDING OFFICER. The as follows: guished Senator from New Mexico, is clerk will call the roll. On page 74, strike lines 13 through 20. recognized. The assistant legislative clerk pro- Mrs. BOXER addressed the Chair. Mr. DOMENICI. Thank you, Mr. ceeded to call the roll. President. Mrs. BOXER. Mr. President, I ask The PRESIDING OFFICER. The Sen- ator from California is recognized. f unanimous consent that the order for the quorum call be rescinded. Mrs. BOXER. Mr. President, I said it SCHEDULE The PRESIDING OFFICER. Without was a short amendment. It is in fact a Mr. DOMENICI. Mr. President, for objection, it is so ordered. short amendment. It is a very straight- the information of all Senators, this Under the previous order, the Sen- forward amendment. It would actually morning the Senate will resume debate ator from California is recognized to strike a rider that has been placed in on the Interior appropriations bill with offer an amendment related to oil roy- this bill that deals with oil royalty Senator BOXER being recognized to alties in which there shall be 3 hours payments that are due Federal tax- offer an amendment regarding oil roy- for debate equally divided. payers.

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

S10393

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10394 CONGRESSIONAL RECORD — SENATE September 16, 1998 Mr. President, Senator BUMPERS, an agreement, just as you do if you Now, oil companies would not have set- Senator DURBIN, Senator DASCHLE and lease an apartment. It says: tled for these large sums of money if Senator WELLSTONE are joining me The value of production for purposes of they truly believed they could justify today to offer an amendment to repeal computing royalty on production from this their royalty payments. You don’t go a special interest rider that has been lease shall never be less than the fair market and say, ‘‘Here are millions of dollars. attached to the Interior appropriations value of the production. I’m really innocent, but let’s just get bill. And I think, to put it in very, very Keep that in mind. The oil companies this over with.’’ I don’t know of any straightforward terms, the taxpayers have signed on to a lease that says that company that would turn over $56 mil- are being robbed. Now, that is a pretty their royalty payments ‘‘shall never be lion, or $2.5 billion, if they didn’t think strong statement, but I can back it up. less than the fair market value of the they were liable for it. They are being robbed to the tune of production.’’ Here is the issue. This chart shows $5.5 million a month, and that is a lot What has been happening? A small ARCO as an example. This is the mar- of money, Mr. President. It adds up percentage of oil companies are paying ket price of oil in the west Texas mar- real fast to many, many millions of a royalty not on the fair market value ket, in the blue on this chart. This is dollars, and over years, hundreds of of the production, but on a made up what ARCO said the price was. It is millions of dollars. price. A price that they, themselves, very easy to see the chart and see the If any one of us were standing out- make up. I will explain that later. As a difference, the area where we should be side on the street and we saw some- result of this phantom price system, collecting money. Another chart shows one’s purse being snatched, and we saw they value the oil at a lower price than the Koch Oil Company, the same thing. somebody grab that purse and take the the market price. Taxpayers, therefore, This is the market price in the blue money out and pocket it, we would act are getting 12.5 percent of a lower line in the Louisiana market, and the price. Taxpayers are getting robbed, like good Samaritans and we would say red line is what they said the market plain and simple. Only 5 percent of the that is wrong. Well, I think it is wrong price was. oil companies are doing this, 95 percent when we see the most powerful compa- We also know that in February 1998 are not. We want to make sure those 5 nies in this country—only 5 percent of the Department of Justice intervened percent, the bad actors, pay their fair the oil companies in this country are in a lawsuit under the False Claims share. Act, accusing five major oil companies doing this—not paying their fair share That is what our amendment will do. of knowingly undervaluing oil ex- of royalty payments. It will strip out a rider that says to the tracted from public land and thus pay- How do I know this is a fact? Because Interior Department, ‘‘Stop what you ing lower royalties. The suit was origi- there have been lawsuits, Mr. Presi- are doing to fix this problem.’’ The nally filed in the U.S. district court in dent. All over this country the oil com- rider in this bill says to the Interior panies have, in fact, settled and admit- Department, essentially, ‘‘Stop what Lufkin, TX, by three private parties. ted—admitted—they underpaid their you are doing to fix this problem.’’ The The Justice Department entered the royalties. Interior Department is trying to get suit because of the overwhelming evi- I am very pleased that the Senator millions of dollars back for taxpayers. dence against the companies. These from Illinois has wound his way over They are being stopped by a rider in an lawsuits are still pending, and the Jus- here because he and I have worked on appropriations bill. tice Department is continuing its in- this together, as well as Senator BUMP- It is a very simple issue. Believe me, vestigation of the remaining seven ERS and Senator WELLSTONE. I was it will be contorted to make it look companies that have been billed by the very proud that in the committee my complicated, but it isn’t complicated. Interior Department. Under the False motion to remove this rider got the For years, oil companies have been Claims Act, the United States may re- support of Senator BYRD. And that is cheating the American taxpayers out cover, on behalf of taxpayers, three because wrong is wrong and right is of millions, if not billions, of dollars. times the amount of its losses plus right. It is wrong for the powerful oil The Department of Interior took ac- civil penalties. companies, with teams of lawyers, to tion to stop the cheating. And now, the If anyone comes on this floor and be able to take away the rightful funds Senate Appropriations Committee, says there is no cheating—and they of taxpayers. pretty much on a party line vote, said will—if anyone comes on this floor and Now, what does this rider do? to the Interior Department, ‘‘You can’t says, ‘‘There is nothing there, Senator The rider prevents the Interior De- fix the problem.’’ What we are doing in BOXER; what is the fuss?’’ I will show partment from acting to ensure that our amendment is saying, ‘‘Yes, you them exactly what the fuss is all oil companies pay their fair share of can, Interior Department, fix the prob- about. And that is the underpayment royalties for oil drilled on public lands. lem. Do it in a fair way, go after the 5 of royalties that the oil companies Now, if you are asking what a roy- percent of the oil companies that are promised to pay. Remember: alty payment is, it is very simple. It is cheating the people. Fix the problem.’’ The value of production for purposes of like a rent payment. The oil companies Now, how do we know that they are computing royalty on production from this drill on Federal land, they have to pay cheating? First of all, common sense lease shall never be less than the fair market a royalty payment, 12.5 percent of the will tell you. We have a chart that value of the production. value of the oil that they find on Fed- shows the difference between the post- And we know what the fair market eral land. What do we do with it in the ed price and the market price. We value is because there is an open mar- Federal Government? It goes straight know that the Interior Department has ket on these prices. to the Land and Water Conservation already billed 12 companies over $260 Who benefits from this rider that is Fund, which is the fund that purchases million for past royalty underpay- on this appropriations bill that Sen- parks, to the Historic Preservation ments. So we know there is a problem. ator DURBIN, Senator WELLSTONE, Sen- Fund, and a share of it goes to the The Interior Department wouldn’t do ator BUMPERS, and I, and others are States. What do the States do with it? that if they didn’t think they had proof trying to remove? Who wins? Five per- They do with it what State law re- that there has been cheating. There cent of the oil companies. quires. In the case of my State of Cali- have been settlements in five States on If you hear someone come on this fornia, those royalty payments go di- royalty underpayments. California has floor and say this is an attack on small rectly to the schools. collected $350 million; Alaska, $2.5 bil- oil companies, this is an attack on the So this amendment that I am offer- lion; Texas, $17.5 million; Louisiana mom-and-pop oil companies, that is ing, if we are fortunate enough to pass collected $10 million; New Mexico col- just not true. Five percent of the oil it and we can strip this rider out, will lected $8 million. So the States are companies, the biggest oil companies, mean more money for schoolchildren ahead of us on this. They are suing the are the only ones who are affected by and more money for the Land and companies because the States know this rule; 95 percent of them are not, Water Conservation Fund. they are being cheated, and they are and there is no change. So we are talk- Now, this royalty payment is not a collecting. ing about a rider that protects 5 per- tax. It is a payment that the oil com- Just 2 weeks ago, Mobil Oil paid an cent of the oil companies—namely, the panies sign on to pay. They sign on to additional $56.5 million in settlement. biggest oil companies in the country

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10395 who make billions of dollars and who settle for those amounts of money, you names of the companies who are af- are not paying their fair share of royal- know they don’t want to go to court fected by this rule. ties and basically have admitted it in about it. There being no objection, the list was lawsuit after lawsuit after lawsuit— Mr. President, I ask unanimous con- ordered to be printed in the RECORD, as maybe not technically, but when you sent to have printed in the RECORD the follows:

Paid vs. Liability v. Companies (Oil and gas J.) (Oil and cond.) revenue Under the revenue (percent) rule (percent)

Shell Total ...... $29,151,000,000 $213,008,437 0.73 $19,459,159 0.07 Exxon Corp. USA, Total ...... 134,249,000,000 154,531,037 0.12 7,993,222 0.01 Chevron USA, Inc. Total ...... 43,893,000,000 159,611,684 0.36 7,111,509 0.02 Texaco Exploration & Prod., I Total ...... 45,500,000,000 87,370,721 0.19 6,375,000 0.01 Marathon Oil Company Total ...... 16,356,000,000 53,593,234 0.33 5,225,380 0.03 Mobil Explor. & Prod. U.S. Total ...... 81,503,000,000 55,511,623 0.07 3,978,051 0.00 Conoco Inc. Total ...... 20,579,000,000 30,562,431 0.15 2,444,738 0.01 Phillips Petroleum Co. Total ...... 15,807,000,000 10,527,634 0.07 2,334,420 0.01 BP Exploration and Oil Inc. Total ...... 17,165,000,000 46,819,366 0.27 2,138,002 0.01 Amerada Hess Corporation Total ...... 8,929,711,000 12,271,849 0.14 1,446,901 0.02 Amoco Production Company Total ...... 36,112,000,000 31,030,184 0.09 1,427,185 0.00 Pennzoil Products Co. Total ...... 2,486,846,000 23,858,522 0.96 1,416,140 0.06 Unocal Exploration Total ...... 9,599,000,000 36,205,793 0.38 1,358,282 0.01 Murphy Oil Company U.S.A. Total ...... 2,022,176,000 16,445,805 0.81 778,351 0.04 Arco Western Energy Total ...... 19,169,000,000 50,363,676 0.26 718,384 0.00 Coastal Oil & Gas Corporation Total ...... 12,166,900,000 4,364,577 0.04 470,939 0.00 Total Petroleum, Inc.—Oil Total ...... 34,526,000,000 3,059,110 0.01 364,045 0.00 Koch Oil Co. Total ...... Unavailable 3,214,012 ...... 342,222 ...... Fina Oil & Chemical Company Total ...... 4,078,502,000 1,393,795 0.03 156,560 0.00 Hunt Oil Company Total ...... Unavailable 8,256,498 ...... 125,731 ...... Howell Petroleum Corporation Total ...... 712,501,000 1,581,010 0.22 122,669 0.02 Frontier Oil & Refining Co. Total ...... 3,379,000 486,634 14.40 47,853 1.42 Giant Refining Company Total ...... Unavailable 945,403 ...... 46,854 ...... Citgo Petroleum Corp. Total ...... Unavailable 600,941 ...... 45,755 ...... Navajo Crude Oil Mktg Co. Total ...... Unavailable 2,598,096 ...... 45,063 ...... BHP Petroleum (Americas), I Total ...... 135,180,000 6,266,511 4.64 34,020 0.03 Barrett Resources Corp. Total ...... 202,572,000 306,239 0.15 32,719 0.02 ANR Production Total ...... Unavailable 402,039 ...... 13,801 ...... Petro Source Total ...... Unavailable 919,725 ...... 12,049 ...... Berry Petroleum Company Total ...... 57,095,000 132,733 0.23 9,711 0.02 Sinclair Oil Corp. Total ...... Unavailable 181,480 ...... 5,949 ...... Ashland Exploration, Inc. Total ...... 13,309,000,000 47,270 0.00 3,825 0.00 Big West Oil & Gas Inc. Total ...... Unavailable 1,877,664 ...... 3,415 ...... Sun Refining & Marketing Co. Total ...... Unavailable 73,075 ...... 2,683 ...... Pride Energy Company Total ...... Unavailable 113,116 ...... 2,389 ...... Cenex, Inc. Total ...... Unavailable 140,119 ...... 2,267 ...... Sunland Refining Corp. Total ...... Unavailable 4,034 ...... 1,919 ...... Diamond Shamrock Ref. & Mktg. Total ...... Unavailable 6,805 ...... 226 ...... Montana Refining Company Total ...... Unavailable 2,923 ...... 213 ...... Gary-Williams Energy Corp. Total ...... Unavailable 27,848 ...... 8 ...... Grand Total—40 Companies ...... 66,097,612 ......

Mrs. BOXER. Mr. President, let the According to government and private stud- leagues believe it is in the best interest RECORD show that we have 11⁄2 pages of ies, that’s the sweet deal the oil industry is of America to stop the Interior Depart- companies that are affected by the fighting to protect: the right to extract ment from moving ahead with their rule, and we literally have 34 pages of crude oil from public land and pay the gov- rule. But if you really look at it and ernment not the open market price, but a you see that we are being shortchanged all the companies that are not affected lower posted price based on private deals the by this rule. So we, in this amendment, oil companies can manipulate for their own by $6 million—$5.5 million to be exact— are going after only the 5 percent of oil benefit. every month, that hurts taxpayers. As companies that are cheating the tax- Big oil has contributed more than $35 mil- I said, it is just the same as seeing a payers, and 95 percent of them are un- lion to national political committees and purse being snatched and a little lady affected by this rule. So the only one congressional candidates in that time—a running after the criminal saying, that is benefited by this rider, as it modest investment in protecting the royalty ‘‘Give me back my money.’’ Well, we stands in the bill, is big oil. pricing arrangement that’s enabled the in- can do a cartoon here of the oil compa- The delays caused by this and other dustry to pocket an extra $2 billion. nies—only 5 percent of them, the bad riders will cost taxpayers—hold on to This is USA Today speaking. I don’t actors here—snatching the taxpayers’ your hats—$82 million in taxpayer associate myself with that thought. I purse to the tune of $66 million each money lost by this rider—$5.5 million a think there are people here who are not and every year, and having the tax- month for 15 months, from June of 1998 motivated by this. But I think it is in- payers say, ‘‘Wait a minute, that’s when the rules were expected to be fi- teresting that that is the perception of ours. You signed a royalty agreement nalized and this problem was supposed USA Today. They go on about the lost and you said it shall never be less than to be taken care of. payments: the fair market value of the produc- I would like to share with you an edi- That’s millions missing in action from the tion.’’ torial in the USA Today about this battle to reduce the Federal deficit and from I know there are many others who issue. I am going to read it because I accounts for the land and water conserva- wish to speak, Mr. President, so I will tion, historical preservation, and several Na- soon conclude my remarks. But I want think it is worth reading. It is one tive American tribes. In addition, public thing when I say this; it is another to make one point about why this is schools in 24 States have been shortchanged. happening. The big oil companies are thing when an USA Today editorial States use their share of Federal royalties says it. for education funding. so large that they have affiliates to Today’s debate: oil, politics and money. But the taxpayers have been getting the whom they sell. The problem is that if Time to clean up big oil’s slick deal with unfair end of this deal for far too long. One they sell to their own affiliates, that is Congress. major producer, Atlantic Richfield, has al- called a ‘‘non-arm’s-length trans- Industry’s Effort to Avoid Paying Full ready adopted market pricing for calculating action.’’ So if I have a product to sell Fees Hurts Taxpayers, Others. its royalty payments. on the market, because I don’t own an Imagine being able to compute your In other words, Atlantic Richfield affiliate, it is a very easy way to cal- own rent payments and grocery bills, has stepped out and done the right and culate the royalty. You go out on the giving yourself a 3 to 10 percent dis- corporate-responsible thing. marketplace, sell it to the highest bid- count off the market price. Over time, Instead of protecting industry recalci- der—you know what the market price that would add up to really big bucks. trants and campaign contributors, the Con- is—and you pay a royalty payment of And imagine having the political clout gress should protect the public interest. 12.5 percent on that price. If you own to make sure nothing threatened to I want to identify and associate my- your own affiliate, you can pay what- change that cozy arrangement. self with that thought. I know col- ever you want. So they sell it at a

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10396 CONGRESSIONAL RECORD — SENATE September 16, 1998 lower price because they control the therefore, we offer this amendment There being no objection, the mate- price, and then they go ahead and pay with the best of intentions to allow the rial was ordered to be printed in the the royalty payment on the lower price Interior Department to move forward RECORD, as follows: that they control. It is very much like on this rule. PERCENTAGE OF OIL PRODUCERS IMPACTED BY what the USA Today said about being I yield the floor. OIL ROYALTY RULE: 100 PERCENT able to manipulate the price. They say, I will later participate in the debate. It’s time to debunk the mistruths sur- ‘‘Imagine being able to compute your Thank you very much. rounding the proposed oil royalty rule. Oppo- own rent payments and your own gro- Mr. DOMENICI addressed the Chair. nents of the oil industry and the Minerals The PRESIDING OFFICER. The Sen- cery bill.’’ That is a pretty good deal. Management Service claim that America’s But if you are the landlord and you ator from New Mexico. independent oil producers will not be af- Mr. DOMENICI. Mr. President, let me pay yourself rent, you could pay your- fected by the proposed rulemaking. Not true. ask the Senator from California, Is self any amount and you won’t evict RULEMAKING WILL CRIPPLE INDEPENDENT there any urgency on her side to con- PRODUCERS yourself. That is what is happening clude her remarks? We can wait. We here. They are selling the oil at a lower Before exposing the sham on this issue, it’s have others who want to speak. necessary to state the position of inde- price because they control the affiliate, Mrs. BOXER. There are several oth- pendent producers on the proposed oil roy- and then they pay the royalty payment ers. alty rulemaking. Under the current proposal, on the lower price. Whereas, the oil Mr. DOMENICI. The Senator from no oil producer will be certain that royalty companies that are smaller, that don’t payments to the government are final. In California has 11⁄2 hours. We have 11⁄2 own the affiliate, have to go by the hours. I am not sure we will use all of other words, the Interior Department will have license to knock on the doors of inde- market price. ours. I don’t know whether the Senator Let’s show that chart one more time. pendent producers years down the road and from California will use all of theirs. I demand additional tax payments for oil Here you have a case of a company have a few Senators who want to that owns its affiliate and sells to its drilled on federal lands. Not only is the rule speak. a violation of the lease contract between own affiliate at the posted price—the Mrs. BOXER. I think we will be using government and industry, it will badly im- red line—when the market price that our time. pact the health of independent oil companies all the smaller companies have to pay Mr. DOMENICI. Mr. President, I who are already on its knees because of the is up here. The difference between the yield myself just 5 minutes for some devastatingly low oil prices. red and blue lines is the area of cheat- opening remarks. The proposed rulemaking will most cer- ing. That is what we are trying to re- From our standpoint, I would like tainly lead to years of litigation and audit. In fact, IPAA’s Board of Governors, who rep- cover. very much the distinguished Senator So, Mr. President, I am honored that resent over 8,000 independent oil and gas from Louisiana to take a few minutes companies, voted yesterday to pursue op- I have been able to offer this amend- of my time because the Senator from tions to litigation should this rulemaking be ment. I am very pleased that Senator California spoke longer than 5 minutes. implemented. A proposed rule promoting GORTON showed me great courtesy in I will yield time to the Senator from more government and less certainty should allowing me to open up the debate this Louisiana for his comments. not be finalized. Fighting it in the courts is morning because it is an issue that is First of all, Mr. President, it is too an expensive proposition, but independents very important. Frankly, when it came bad that the MMS, the Federal agency are impacted by the rule and will have no up in the Appropriations Committee, that is establishing these rules, doesn’t choice but to pursue costly litigation for survival. we had to struggle to even get a have better credibility with those that DEBUNKING MORE LIES minute or two to discuss it. It was al- they are proposing rulemaking against. most as if people didn’t want it to be You need not have the industry that Opponents of the oil industry claim the in- discussed. I am very proud today that dustry-backed moratorium is anti-environ- you regulate think that you are totally mental. Not true. In 1997, the oil industry we now have time so Senator DURBIN against them—arbitrary, or somewhat generated more than $4 billion in revenues can speak on its behalf, as well as Sen- capricious—in order to get your job from oil and natural gas production on fed- ator WELLSTONE, and others, and some done. eral lands, much of which is used for the on the other side can have a chance to As Senator BOXER has indicated on at Land and Water Conservation Fund. The be heard. least three occasions, this only affects rulemaking affects accounting procedures, In concluding this portion of my re- 5 percent of the oil companies. That is not the environment. marks, let me thank my colleagues for MMS’s view. That is the agency of the Opponents claim the moratorium will cost their interest. Let me say that there taxpayers and school children $60 million per Federal Government that thinks these year. Not true. Interior has the ability under aren’t too many straightforward issues rules are wonderful. the current rules to collect all they believe around here, and people are going to From my standpoint, I would like to is due and owing regardless of a moratorium. tell you this isn’t straightforward. But tell you what the independent pro- ALL INDEPENDENT OIL PRODUCERS IMPACTED for over 21⁄2 years the Interior Depart- ducers say. Frankly, I believe this is as Many changes. Like new duty to market at ment has tried to come up with a fair valid as an MMS evaluation. The no cost. way to make sure the oil companies IPAA—that is the independents across Second guessing, moving producers to al- pay their fair share of royalty pay- America—say that the percentage of ternative pricing. ments. They have done so. oil producers impacted by the oil roy- Chasing arm’s-length prices away from the In my next series of remarks I will alty rule is 100 percent. In fact, this is lease. read you the accolades the Interior De- their principal concern this year, that Mr. DOMENICI. Mr. President, we partment is getting for the way they these proposed regulations, if adopted, are here on the floor of the Senate, it went about this. And what do we do in will have a serious impact on many, seems to me, proposing a set of rules the face of finally straightening out a many independent producers. Frankly, that would like to gouge for oil bucks, mess that has caused lawsuits, has I believe that is the case. gouge for oil royalties. meant that kids in California are not First all, MMS, the regulating agen- Let me state for the Senate a couple getting payments into the classroom, cy, has permitted so broad a latitude of facts about oil production in the has meant that the Land and Water under the rubric of unreasonable that I United States and about the cost of oil Conservation Fund and Native Indian believe they can do almost anything. It that I believe are startling. tribes and the Historic Preservation is not certain what the rules will be First of all, about 3 weeks ago—I Fund have been cheated out of funds? when they are completed. They will be don’t know what the exact measure- We get a rider that says to the Interior very uncertain. Litigation will not dis- ment is today—one of my staff mem- Department: Sorry, we don’t like what appear. It will become more rampant. bers drew some comparisons in terms you are doing. Stop short right here, I would like the statement from the of what oil is worth today, what gaso- and let’s not do anything to recover independent oil and gas producers— line is worth today for our automobiles these royalty payments. many of them from my home State, and for our Nation. If you go to a su- Mr. President, I think that is wrong. many very small, many going broke permarket, I say to my friend from Illi- I would like to see the Interior Depart- today because of low oil prices—be nois, or if your wife does, and she buys ment be allowed to do its job and, printed in the RECORD. bottled water, she will pay more for a

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10397 gallon of bottled water than Americans Mr. DURBIN. Mr. President, thank other States and for the people I men- are paying for gasoline for their cars. you. tioned earlier who are dependent on That is good economics for America, The PRESIDING OFFICER. Who these royalties, this is an important but it is bad economics for America’s yields time to the Senator? amount of money. oil independents, for America’s inde- Mrs. BOXER. I yield time to the Sen- I think what is more important than pendent producers. Because, just as ator, 15 minutes. the money involved is the principle that truism indicates that gasoline and The PRESIDING OFFICER. The Sen- that is involved in this. Consider for a oil producers have been at an all-time ator from Illinois. moment, you own a piece of property low for the last 5, 6 or 7 years, oil pro- Mrs. BOXER. Mr. President, how and someone comes to you and says, ‘‘I duction is going down in the United much remaining time do I have? want to rent from you under one condi- States. Many independents who have The PRESIDING OFFICER. The Sen- tion, and that is I decide how much been stalwarts are literally saying they ator has 56 minutes remaining. rent I am going to pay you.’’ Well, you The distinguish Senator from Illinois do not know if they can make their say, ‘‘Well, at least let’s have some is recognized for 15 minutes. bank payments for 1 additional month. Mr. DURBIN. Thank you, Mr. Presi- standard. Let’s have some objective Here we come to the floor with an dent. I thank my colleague from the standard.’’ And they said, ‘‘Yes, I will amendment that is saying, let the reg- State of California. tell you what the objective standard ulators impose new regulations, and we Let me say at the outset that this is will be. I will ask my Uncle Louie sing the praises—at least the Senator about more money for California what’s fair.’’ And you say to yourself, from California does—that it is going schools. It is about more money for ‘‘Why would we sign such a lease?’’ to get more money out of the oil com- land and water conservation, which That is what has happened here. The panies. That sounds wonderful. In fact, funds the acquisition of park space and land that they are drilling for oil on is it is kind of alleged here this morning green space across America. It is about land that we own, ladies and gentle- that, you know, they—these oil compa- more money for historic preservation. men. It is the land of the people of the nies—are just taking money out of It is about more money for Indian United States. It is not land owned by somebody’s purse so we ought to go tribes, Native Americans, who receive oil companies. They come on our land after them like we would go after benefits from these royalties. This is with our permission to drill oil from somebody who took a purse away from about a matter of principle on which our land to make profits for their com- somebody. the Senator from California is taking panies. That is what this is all about. Mr. President, if you are going to the floor to lead the fight. I salute her And we say to them, ‘‘Make a profit. take more money from the oil pro- at the outset, and say to those who are That’s fine. That’s the American way. ducers of this country—and we are al- listening to this debate that we are for- But we want one-eighth of your profit. ready becoming more and more depend- tunate to have people of the caliber of We want one-eighth of the cost of the ent on foreign oil, and the price of oil Senator BOXER from the State of Cali- oil.’’ Those who are involved in the oil is going down and down—I ask you, fornia who are willing to wage these business know that is not an unusual won’t you in about 3 or 4 or 5 years get battles, because, you see, it would have request. The owner of the land gets an less by way of oil royalties than you been so easy for us to really kind of eighth. are getting today by shutting off look the other way with a wink and The problem here is that the oil com- American production and causing some panies have said, ‘‘We will determine more of them to get closed? Where will nod and let this one slip by. This is not an issue that went before an eighth of what. We will determine the royalty come from as we produce a committee with a lot of investiga- what Uncle Louie says is an eighth.’’ less oil, rather than more? And in this situation they won’t take a So whether it is $60 million, $70 mil- tion, witnesses and hearings so that market price that they are supposed to lion, $80 million or $100 million that al- America could tune in and be part of take. They take a price they have abso- legedly will come in, that is not the the debate. This was done on a disaster lutely fabricated. They have made it test of whether the rules are fair. If we bill for tornado victims—a bill that up. They trade among themselves. imposed those kinds of regulations on was also designed to buy emergency They post prices and say, ‘‘This is the any industry we regulated, could we funds for our troops in the Middle East. price,’’ and we know better. stand up and say we just got $50 mil- You say, What could that possibly The charts the Senator from Cali- lion from the patent applicants of the have to do with the royalties oil com- fornia brought to us make it clear the United States because we just in- panies pay for drilling on Federal land? taxpayers are being cheated, because a creased the fee? But you have to ask, The honest answer is that it had noth- handful of oil companies are declaring what is fair, what is right, what is just, ing to do with it. It was put on at a a price that they are basing the roy- not just are the regulators right be- late moment with no hearings and with alty on which is a phony, false price. cause they picked up more money. little publicity. Before we are finished, we will go I have been around legislatures for State after State has turned around through a litany of arbitrary, con- about 32 years—State and Federal. I and sued them successfully for this fusing regulations that they intend to can tell you there are two things to sort of cheating. And now we are trying pursue. They are just looking for a lit- keep your eye open for toward the to promulgate a law here on Capitol tle window—I can tell you these regu- close of business: find out if there is Hill in the Senate which condones this lators are—because there is a morato- something that just got popped on a cheating, saying, ‘‘Keep on reaching in rium right now. They are hoping bill without any hearings, and find out Uncle Sam’s pocket, pull out all the against hope that they will get an 8- or whether it benefits some large special money you need, play us for Uncle 10-day window when there is no mora- interest group. Guess what? Bingo. Sucker, and we are going to look the torium so they can slap on these. That is what we are talking about other way.’’ I want to tell them here and now that here. Senator BOXER caught it, brought I do not think we should do that. I do they are going to have a hard time it up in the Appropriations Committee, not think that is fair to a lot of people. doing that, because I believe we will and said to her colleagues, Please don’t And I really am, in a way, surprised prevail today, and I believe we will do this. At least for the taxpayers of that a lot of oil companies that have make sure that any bill that goes to this country, take a close look at what extraordinarily good business reputa- the President for signature is going to is going on here. tions would be involved in this chica- have this on it. I salute her for doing that. Her lead- nery. Having said that, I reserve the re- ership is important, and this issue is I listened to the Senator from New mainder of my time, excepting I would important. It is about $66 million a Mexico give a speech. His speech is, as yield whatever amount of time that year. And I guess by Federal standards far as I am concerned, very accurate. Senator BREAUX from Louisiana de- people say, wait a minute, in a budget The oil industry in this country does sires. that is dealing with $1.5 trillion, what suffer some problems, particularly Mr. DURBIN addressed the Chair. does this mean? independent producers. They come The PRESIDING OFFICER (Mr. ROB- Well, it means a lot, because for from my State. Illinois is not a major ERTS). The Senator from Illinois. schoolchildren in her State and a lot of production State, but we have a lot of

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10398 CONGRESSIONAL RECORD — SENATE September 16, 1998 producers there who have come to see I do not believe we can allow these make sure that we receive a fair me. And it is a fact that the price of oil major oil companies to hide behind the amount for those who would take prof- and the products of oil are so low that skirts of these independent oil pro- its from America’s lands. many of them cannot survive. It has ducers who are struggling to survive. I yield back the remainder of my domestic and international ramifica- A letter from Secretary Babbitt that time. I yield the time back to the Sen- tions; I don’t question that. But to was sent to USA Today on this subject ator from California. argue that that situation with the oil says that his data tells an entirely dif- Mr. DOMENICI addressed the Chair. industry in general means that we ferent story. The PRESIDING OFFICER. The dis- should give a handful of oil companies, Business is booming in the Gulf of Mexico. tinguished Senator from New Mexico is 5 percent of them, an opportunity to The industry recently paid more than $1.3 for recognized. reach in the Federal Treasury and pull new deep water leases in the gulf. Published Mr. DOMENICI. Mr. President, I more money out at the expense of tax- reports claim there are more jobs available yield to Senator BREAUX from Lou- payers begs the question. If you let this than workers to fill them. isiana as much time as he desires. 5 percent turn around and absolutely This is hardly an industry on its Before I do that, I just want to make drill the oil for free and not pay the knees. And we are talking here about an observation. I just read a most au- taxpayers a penny, it would not create those who will come on our land, the thentic history of Theodore Roosevelt, a recovery in the oil sector. I am afraid taxpayers’ land, the Federal land, draw and my observation to the Senator that is what the other side is arguing. oil from our land to make a profit, who from Illinois is he wouldn’t take this We are dealing with a small percentage are unwilling to pay a fair share of case so he wouldn’t be down here argu- here. that profit back to the taxpayers of ing on anything because he would look And let me tell you what these royal- this country. at the facts, and he would say I don’t ties mean to these large companies Right outside of this Chamber in the want to be on the wrong side of the that are drilling on taxpayers’ land. corridor is the bust of a man who I con- facts. He wouldn’t be down here anti- The additional royalties represent ap- sider to be a real inspiration in public anything. He would leave the argument proximately 1–100th of 1 percent of the life, Theodore Roosevelt. I would like to somebody else. $461 billion in 1996 revenues for these to hear Theodore Roosevelt in this de- I yield to the Senator. companies. We have crocodile tears in bate. If you take a look at this bust The PRESIDING OFFICER. The Sen- the Chamber here about these strug- here, if you have a chance to see it, it ator from Louisiana is recognized. gling oil companies at a time when we looks like he is about to charge right Mr. BREAUX. Mr. President, it is in- look at their balance sheets, and many off the pedestal; that is the kind of teresting. During the time I have been of them are making billions of dollars man he was. And then when you read in the Senate and Congress, a lot of and would say to the taxpayers of this the sign below it, it says they picked times when you don’t have the facts on country, ‘‘No, we can’t pay you a roy- the more common, thoughtful pose; your side you have to create an enemy alty based on the real market price; we there was one that was more aggres- and talk about the enemy. I think this want to create some fiction.’’ And so sive. I can imagine Theodore Roosevelt is exactly the case here. It is easy to not in the dark of night but in the in this Chamber talking about the pub- find an enemy in the oil and gas indus- darkness of a conference committee lic lands and the exploitation of these try. The oil and gas industry are the room, along comes a provision which lands by special interest groups and big first people in the world to admit that basically says the Department of Inte- corporations at the expense of the tax- they, on any kind of a popularity rior may not investigate, may not de- payers of this country. chart, would probably be right at the termine whether there is fairness in I might say to my friend from New bottom—or probably right above the the price that is being charged. No. The Mexico, I believe that that Senator, if Members of Congress. The oil industry Senate of the United States will shut he were one, would have been on your right in front of us, and we would be at them down and tell them, keep their side of the aisle making our argument, the bottom. noses out of these corporate board- and thank goodness he was there to set The point is, if you do not have the rooms. the tone in this century for the profit facts, you have to get somebody to Mrs. BOXER. Will the Senator yield relationship between corporations and argue against, somebody who people for 1 minute? the public good. Thank goodness the don’t generally like. And I agree, peo- Mr. DURBIN. I will be happy to yield. Senator from California has the cour- ple don’t generally like oil and gas Mrs. BOXER. I wanted to know if the age to stand up here and take on the companies. So, let’s make them the big Senator was aware, when the Senator oil giants when it comes to this issue. bogeyman in this and argue about how from New Mexico read from the inde- This is simple and straightforward. bad they are. Fortunately, that is not pendent oil producers, the director of Will the taxpayers receive a fair the issue in this case. The issue in this the Minerals Management Service sent amount from those who would come on case is really very simple. The issue is, us over an announcement that I am our land to drill oil from the taxpayers’ how do you determine the proper value going to put on everyone’s desk that resources and whether or not this is for oil that is discovered on Federal says: going to pass. lands, and what is the royalty that I say to my colleague from California companies who explore and develop We understand that information is being provided to Congressional Members indi- and those who support her that she has should pay the Federal Government? It cating that the proposed Federal oil valu- taken on an important issue, one that is very clear that companies do not de- ation rule will put independent oil compa- is critically important not just for the termine how much they have to pay— nies out of business. This is untrue. The rule money for those who would receive it we do. We passed the OCS Lands Act in will have no impact on independents who sell but one principle: If this position that 1976 and innumerable other Federal on the open market. is being espoused by the other side is so acts in Congress to determine what And it goes on that only 5 percent of right and so good, why did we not have royalties should be. Congress makes the companies will be impacted. a hearing? Why did this not come be- that decision and we have made it The reason I interrupted my friend fore us with witnesses so that all could many times. was to see if the Senator had seen this, hear both sides of the stories, that the The question before the Interior De- because I think this is the key part of oil companies’ executives who are partment in which they, I think, made the debate. We know that the compa- making these billions of dollars could a mistake is how do you determine the nies that are impacted in fact have bil- sit there in the chairs before the cam- value of the oil. We know what the per- lions of dollars of revenue. I just want- eras and the microphones and explain centage is. Interestingly, companies ed to make sure that Senator DURBIN it? made a proposal to the Federal Govern- from Illinois had seen this, and we will They could not face the music. They ment and said let us quit fighting over be putting it on everyone’s desk. could not take that kind of scrutiny, what the value of the oil is; let us just Mr. DURBIN. I am happy that the and neither can this program. Let the give you the oil. If you are entitled to Senator from California brought up the Department of the Interior go forward 15 percent of the oil, and we have 100 point, and I have this in my possession. on behalf of the taxpayers. Let them barrels, let us just give you 15 barrels

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10399 of oil and let you go sell it and you de- ally, in the future, it will turn around. losing millions of dollars every month. termine what the price is by selling it They will start making more money The whole purpose of the rule was to in the marketplace. than they have paid. That is why they make the way we determine the value The Federal Government said we are in the business. Up until this point of the oil simpler and reflect modern don’t want to do that. We think that is they have still paid more to the Fed- market conditions. It doesn’t do that. too complicated—and it is complicated. eral Treasury in royalties and taxes Therefore we should say stop, slow- The problem before this Congress is and benefits to the U.S. Government down, let’s continue to negotiate to what do we do, in trying to work with than they have made in selling the oil come up with something that makes the Interior Department, in helping to that they have found. sense. determine what is the proper value. We tried to have meetings with Min- That is what the bill before the Sen- How do we find the proper value for erals Management Service to resolve ate does. It should not be changed, and oil? this. This rider is not the best way to the amendment should be tabled. Someone said we ought to have hear- handle it. I would admit that. But I I yield back the time to the distin- ings on this. We did. We had a hearing. think it is appropriate that when Con- guished Senator from New Mexico. We had two hearings. We had hearings gress sees something happening that is Mr. WELLSTONE addressed the in the Senate Energy Committee. We not consistent with what is good policy Chair. had hearings in the House Resources and what is the law, then Congress has The PRESIDING OFFICER. The Sen- Committee. Minerals Management an obligation to say ‘‘hold it,’’ ‘‘stop,’’ ator from Minnesota. Who yields time? Service came and testified, members of ‘‘slowdown,’’ ‘‘let’s continue to try to Mr. WELLSTONE. Mr. President, the oil and gas industry came and tes- work this out.’’ That is exactly what Senator BOXER stepped out. She yield- tified and talked about how they were an appropriation rider has done. We ed me 15 minutes. trying to work this problem out. I also have told Interior Department, in the The PRESIDING OFFICER. Without hosted, along with Senator HUTCHISON Interior appropriations bill, that this objection, the Senator is recognized for from Texas, Senators DOMENICI and rule is fundamentally flawed. It is not 15 minutes. BINGAMAN from New Mexico and Sen- correct. It is not right. It does not Mr. DOMENICI. Mr. President, I ask ator LANDRIEU from my State and oth- allow for the legitimate deductions in the Senator, may I ask a parliamen- ers, meetings between oil industry rep- the costs of transportation that should tary question, please? resentatives and Interior officials to be allowed, and therefore don’t go for- Mr. WELLSTONE. Yes. try to get them to sit at the same table ward with a rule that is fundamentally Mr. DOMENICI. Mr. President, how and try to come to a resolution of the flawed. Give Congress and the Interior much time has been used by each side? very complicated technical problem of Department time to come to an agree- The PRESIDING OFFICER. The Sen- determining how do you find out what ment on what is appropriate and prop- ator from California, Senator BOXER, the proper value of a barrel of oil. er. has 55 minutes. The Senator from New The oil is brought to the surface in That is the argument. That is the Mexico has 74 minutes. the middle of the Gulf of Mexico. You issue. We can talk about how bad the Mr. DOMENICI. I thank the Senator. can determine what the price is, if you oil companies are. That is a easy thing The PRESIDING OFFICER. The Sen- look at what it is at the wellhead. One to say if you don’t like oil companies. ator from Minnesota. problem in this proposed rule is that I happen to like them. They employ Mr. WELLSTONE. Mr. President, the we look at different prices and at a dif- hundreds of thousands of people in my Boxer amendment would simply let the ferent time to determine the value. We State and provide the energy for people Interior Department do its job, which don’t look at what its value is in the to drive to work in the morning. It is is making sure that oil companies pay middle of the Gulf of Mexico, but we part of our national economic security full royalties for the oil they are drill- look at it after it is brought onshore. and part of the national defense in our ing on Federal or Indian lands. That is How do you determine what are the le- country. They do an important service what this amendment does. gitimate transportation deductions in for this country of ours. So the issue is Right now, some of these companies reaching the royalty value of crude oil? not whether or not you like oil compa- are not paying the money that they And, should companies have to pay all nies. The issue is very simple, Is this a owe, and several are being sued for it. of the costs to this point onshore. If it good rule? The answer is no. Should it Amazingly, there is a rider in this bill, is the Government’s oil, shouldn’t the be stopped? The answer is yes. Should the same rider put in during the con- Government pay the transportation this amendment be tabled? The answer ference committee on this spring s sup- cost of its share? Therefore, one of the is also yes. I think when this amend- plemental appropriations bill, that real conflicts is how do you determine ment is tabled it will allow the admin- stops Interior from doing its job. That a proper transportation deduction? istration and the Department to con- is what this is about. This rider stops Companies will argue that the entire tinue to work with those who are inter- Interior from issuing rules to collect pipeline system is part of the cost of ested in trying to resolve this and these royalties. No wonder Senator transporting oil. They say, ‘‘If we do come to a resolution that makes sense. BOXER has sounded the alarm. not have this elaborate system out Companies will continue to pay. As a Senator from Minnesota, I am there, we cannot transport it to the It is interesting, when they had the glad that we have Senators who are place onshore where the Government hearings over in the House, when the willing to stand up to oil companies. takes ownership, so that should be de- administration testified concerning There are not that many Senators who ductible.’’ Minerals Management says this argument about how much we are will do so. The Senator from California ‘‘No, you should not deduct all of that; losing in lost revenue. The Director of has the courage to do so. it should be less.’’ So this is a battle of the Minerals Management Service, This kind of sweetheart deal—and what you should deduct and how you when she testified at the House Re- that is exactly what it is—is simply reach a legitimate price. There is noth- sources Committee on February 26, outrageous. It is corporate welfare of ing mysterious about this. Nobody is 1998, said that these regulations ‘‘are the worst kind. And even worse, in trying to rob anyone of anything. intended to simplify the royalty pay- many cases this money is being taken Oil and gas companies have paid ments, make valuation methods reflec- away from our children’s schools. In 24 more in royalties to the Federal Gov- tive of modern market conditions, offer States, the State’s share of the royal- ernment than they have received in the the industry more flexibility, reduce ties is used to fund public education, so price of oil they have taken from the administrative costs, and maintain when the oil companies underpay their Federal lands in terms of taxes they revenue neutrality.’’ royalties, education is the loser. have paid and royalties that they have When MMS proposed the rule, as In addition, the Federal share of paid over the years since we have had flawed as it was, it wasn’t to increase these royalties goes to the Land and an offshore oil and gas industry—com- the amount of money they would get. Water Conservation Fund and the Na- panies have paid more to the U.S. At least that is what they said. It is tional Historic Preservation Fund. Treasury than they have made in find- simply to ‘‘maintain revenue neu- If the Boxer amendment is adopted, ing oil in the Gulf of Mexico. Eventu- trality.’’ Now the argument is we are the money will go where it should be

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10400 CONGRESSIONAL RECORD — SENATE September 16, 1998 going—to public education, the envi- Put children in adult corrections facili- give a speech for 3 days on what is hap- ronment, historic preservation, and to ties; very little sympathy for these pening in Burma. It will take me about Native American communities—in- children. 4 minutes. I ask unanimous consent stead of corporate bank accounts. We passed a welfare bill. We don’t that I have 4 minutes as in morning Mr. President, this is an unbelievable really know what is happening. We business. story. The Interior Department’s Min- know women have been taken off the Mr. DOMENICI. At this moment? eral Management Service—MMS—sim- welfare rolls. We know the children Mr. WELLSTONE. I am not taking ply wants to collect the money these have been taken off the rolls. But we near the 15 minutes. companies owe the public. Interior Sec- don’t know what kind of jobs they Mr. DOMENICI. And you are not retary Babbitt says: have, what kind of wages. We don’t going to take the rest of the 15 min- Many of the industry’s largest companies know whether there is good child care utes? are underpaying royalties. for those children. Very little sym- Mr. WELLSTONE. No. I thought my Just recently, Mobil Oil agreed to a pathy for these families either. colleague wanted to hear me repeat the $56.5 million settlement of Federal and We tried to bring an amendment to statement. The PRESIDING OFFICER. If there State lawsuits alleging underpayment the floor to increase the minimum is no objection, the Senator is recog- of royalties. That is what has been wage so that working people can make nized for 4 minutes. going on. And there has been a flurry a decent living. There is very little Mr. WELLSTONE. I think this is a of such settlements: $2.5 billion in sympathy on the floor of the Senate for statement with which every single Sen- Alaska, $350 million in California, $17.5 any of these folks. ator will agree. million in Texas, $10 million in Lou- But in through the door walks a CEO isiana, and $8 million in New Mexico. from one of these oil companies—large f MMS has now billed 12 of these compa- integrated oil companies that have BURMA nies $260 million for overdue royalties. been underpaying their royalties, oil Mr. WELLSTONE. Mr. President, I Now the Justice Department has joined companies who happen to be heavy rise to express my outrage at threats a lawsuit under the False Claims Act campaign contributors—and all of a toward Burmese opposition leader alleging fraud. According to Justice, sudden we have sympathy to spare. We Aung San Suu Kyi made Tuesday in several of these oil companies have have sympathy coming out the wazoo. the government-controlled press in been deliberately underpaying their We feel their pain. All of a sudden it is, Rangoon. Completely without justifica- royalties. ‘‘At your service, sir. What can we do tion the press called for Aung San Suu Remember, this oil belongs to the for you, sir? How can we serve you bet- Kyi to be deported from Burma. The republic and to Native American tribes. ter?’’ gime has again made the ridiculous We are leasing the mineral rights to These companies have been caught charge that Aung San Suu Kyi is not them, but only under one condition. We red-handed. The cops are after them. entitled to Burmese citizenship. This are saying, ‘‘Go ahead, take the oil; all Law enforcement is closing in. They charge is made on the xenophobic and we ask is a 12.5 percent cut on the fair are in deep trouble, and they are des- insulting basis that she married a for- market value.’’ I don’t think that is perate for someone to come to their eigner. The regime has long tried to too much to ask. Nor do the people of rescue, and fast. discredit Aung San Suu Kyi with the this country think it is too much to So who do they call? They call their Burmese people with this type of non- ask. But apparently the oil companies friends. They call the U.S. Congress. sense—it hasn’t worked. do. And guess what. Congress answers the The Burmese people voted for Aung Let me be clear about one thing. This call without a moment’s hesitation. San Suu Kyi’s party overwhelmingly in has already come up in the debate. With a rider in this bill, Congress 1990—electing opposition candidates to Senator DURBIN spoke to it, and Sen- comes to the rescue and rewards them 80 percent of the parliament seats. She ator BOXER spoke to it as well. We are with a ‘‘get out of jail free’’ card. remains the hope of a repressed people not talking about all the oil compa- The Boxer amendment would revoke longing for democracy and human nies. We are not talking about mom- this sweetheart deal that lets oil com- rights. The military regime, which and-pop independents. We are talking panies keep ripping off the public, lets used to call itself the SLORC, has tried about the large integrated companies them keep shortchanging education, to improve its image by changing its who sell to affiliates at undervalued even after they have been caught name to the State Peace and develop- prices. They make up only 5 percent of cheating. If there ever was a time to be ment Council. But it is the same re- all the oil companies drilling on Fed- tough on crime, this is it. In fact, I say gime. It has had to prevent Aung San eral land, but they account for 68 per- this is a time for zero tolerance. The Suu Kyi from speaking publicly be- cent of all Federal production. rider in this bill sends law enforcement cause she was drawing huge crowds to For over 2 years, the Interior Depart- on paid holiday. The Boxer amendment the front of her home. It has had to ment has been developing regulations puts the cops back on the beat. prevent her from traveling freely to to put a stop to this highway robbery. I say to my colleagues, we have to visit her supporters since they fear her This is not new authority. Interior al- ask ourselves a question: What is our popularity. ready has statutory authority to col- purpose here? Are we elected to fight Far from being a foreigner, Aung San lect royalties on the ‘‘fair market for people or for the oil companies? Suu Kyi embodies the very history of value’’ of this oil, but the new regula- Were we elected to fight for good gov- Burma. She is the daughter of the tions would keep oil companies from ernment or for corporate welfare? Are founder of the Burmese army and the manipulating ‘‘fair market value’’ to we going to do what the public wants leader of Burma’s independence move- underpay their royalties. The oil com- us to do, or are we going to do what the ment, General Aung San. Like her fa- panies don’t like that. oil companies want us to do? ther, Aung San Suu Kyi has devoted Here is the question I ask colleagues: I urge my colleagues to join in a years of her life to the Burmese people Do these companies, do these huge in- broad coalition that opposes this $66 at great personal sacrifice. tegrated oil companies, really deserve million corporate welfare giveaway. The Burmese people strongly identify our sympathy? I don’t think so. They That is what this amendment speaks Aung San Suu Kyi with her father’s have been caught—let me repeat that— to. That is what this debate is all legacy and his struggle to bring inde- they have been caught underpaying about, and all of us will be held ac- pendence and ethnic unity to Burma. their royalties. countable. In fact, displaying pictures of General Since when do we have such tremen- Mr. President, how much time do I Aung San has become a symbolic act of dous sympathy in the U.S. Senate for have left? defiance and show of support for the people who are cheating the public? It The PRESIDING OFFICER. The Sen- opposition. University students began is interesting to me. We pass crime ator has 7 minutes left. demonstrations in 1996 and again in bills all the time. Now we have the Ju- Mr. WELLSTONE. With the indul- 1998 by displaying portraits of Aung venile Justice Act—a crackdown on gence of my colleagues, I ask for a cou- San as a rallying signal. The authori- children. Very little sympathy there. ple of minutes. I have been trying to ties can’t take action against those

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10401 displaying his picture since he is also elected her in 1990. What has happened Mrs. BOXER. Absolutely. revered by the regime as the nation’s since is that this military regime, Mr. DOMENICI. Then we would go to founder. which used to call itself SLORC, which your side. The regime rightly fears the power of has now tried to improve its image by Mrs. BOXER. Fine. these symbols but their attempts to calling itself the State Peace and De- Mr. DOMENICI. I yield to the two separate Aung San Suu Kyi from her velopment Council, has been just full Senators in that order. legacy and deprive her of citizenship of brutal repression for the people Mr. MURKOWSKI addressed the will fail. The Burmese people see there. Chair. through it. The people clearly do not I rise to express my concern about The PRESIDING OFFICER. The Sen- want her deported. what is happening to this very coura- ator from Alaska. I urge the regime to treat this courageous woman who has been trying to Mr. MURKOWSKI. I rise as chairman geous woman with the respect she de- travel, has been trying to have an op- of the Committee on Energy and Nat- serves and to ensure that no harm portunity to speak out in her country ural Resources. I would like to advise comes to her. She has stood up to the and meet with other people. She spent my colleagues that we had an oversight repressive tactics of the military re- recently 10 days just in her car trying hearing in June on the MMS oil valu- gime for over 10 years now. In recent to cross a bridge to meet with people, ation issue. The results of that hearing months, she has sacrificed her personal to speak with people in her own coun- indicated that we should initiate a dia- comfort and risked her health facing try. This regime really has her under logue with the principals. That dia- down the authorities. When denied the house arrest. logue was entered into. I felt gratified ability to travel freely she spent 10 In addition, this past week, what that we were making progress relative days waiting in her car for the authori- happened is that many of the people in to this complex issue and was cha- ties to allow her to move. Her excep- her party decided that they would con- grined to find at a later date that the tional fortitude and her commitment vene a people’s parliament, since their advances we thought we were making to challenging the regime through non- elections were nullified when this re- simply had been overturned by the pol- violent actions are an inspiration to pressive military government took icymakers of the Department of the In- those working for human rights around over. They held a meeting, and hun- terior and the administration. the world. dreds of them have been rounded up As a consequence, this conversation I also express my concern about re- and are now in prison. about corporate welfare, big oil, and cent detentions of several hundred of I come to the floor of the Senate big business is incorrect because we are Aung San Suu Kyi’s supporters. Last today to simply say that this is an out- talking about small companies in week, the regime reacted with typi- rageous practice of repression by this many cases. The oil and gas industry cally heavy-handed tactics to prevent Government. I condemn it on the floor has lost a quarter of a million jobs. her party from convening the members of the U.S. Senate. It is not always This is an industry that now finds of parliament elected in free and fair that I think I speak for almost every itself moving overseas where there is a elections held in 1990. The regime has single Senator, but I believe Democrats favorable climate for exploration and never allowed the parliament elected and Republicans agree on this. I call on production. in 1990 to take office because the voters this military regime to treat this cou- As evidence of that, Mr. President, in overwhelmingly elected opposition rageous woman with respect as a legiti- 1973 and 1974, we were 37-percent de- members. Aung San Suu Kyi recently mate leader of the opposition and to re- pendent on imported oil; today, we are called on the regime to convene the lease people whom they have unlaw- 52-percent dependent. The Department parliament. When that request was ig- fully put in jail. of Energy suggests we are going to be nored her party decided to convene a Aung San Suu Kyi is a courageous 66-percent dependent in the year 2004 or ‘‘People’s Parliament’’ on its own. The woman. She stands for the very best of 2005. reaction of the military junta was pre- what our country stands for, which is The amendment offered by Senator dictable. They simply rounded up any respect for human rights and democ- DOMENICI and Senator HUTCHISON dur- opposition politician who might attend racy. We need to speak out on the floor ing committee markup would delay the the planned events and ‘‘detained’’ of the Senate, and we need to send a implementation of the final rules on them. Hundreds of party members are message to this repressive Government Federal oil valuation until October still being held. in Burma, that not only will we not do 1999, or until a negotiated rule can be This outrageous tactic violates the business with you as usual—and we are achieved. rights of the Burmese people to exer- not doing that—but we, as a Govern- The oil and gas industry is struggling cise freedom of assembly and political ment, we as the U.S. Senate, will con- in a declining market. This is an indus- expression. Although this behavior is tinue to speak out and condemn your try where we have lost a quarter of a nothing new or unexpected for this re- actions, and we will continue to sup- million jobs. We are talking about impressive regime we must persist in con- port people in Burma, those people who plementation of regulations that would demning it. I call on the regime to im- stand up for democracy and stand up drive this industry out of the United mediately release all opposition party for human rights. States and make us more dependent on members detained and to enter into I yield the floor. imported oil. It is unconscionable. The genuine dialogue with the opposition f taxes paid by this industry and mort- and ethnic minority group about re- gage payments made by industry em- DEPARTMENT OF THE INTERIOR storing democracy to Burma. ployees in their communities are con- And, again, I call on the military re- AND RELATED AGENCIES APPRO- tributions being overlooked in this gime to treat Aung San Suu Kyi with PRIATIONS ACT, 1999 general climate of ‘‘well, throw it out— respect as the legitimate leader of the The Senate continued with the con- because somehow big business is cheat- opposition and to withdraw the threat sideration of the bill. ing,’’ if you will. And that is simply of deportation and respect her rights as Mr. MURKOWSKI addressed the unconscionable, Mr. President. a Burmese citizen. Chair. As Senator DOMENICI and Senator To reiterate, Mr. President, I want to AMENDMENT NO. 3594 HUTCHISON indicated, they personally go on record. I express my outrage, and The PRESIDING OFFICER. Who met twice with Interior Department of- I think it is outrage of Democrats and yields time to the Senator from Alas- ficials and industry executives to re- Republicans, at the threats toward the ka? solve what amounts to a handful of Burmese opposition leader, Aung San Mr. DOMENICI. Mr. President, I issues concerning the rulemaking. It is Suu Kyi, made last Tuesday by a Gov- would like to ask Senator BOXER—we rather interesting, because if you look ernment-controlled press. They are have been going back and forth. Sen- at the MMS proposal, it attempts to now talking about the possibility of de- ator MURKOWSKI just wants to speak set the oil royalty away from the lease; porting her from Burma. for 3 minutes, and I wonder if we could that is, downstream, almost near the She is a very, very courageous then have Senator THOMAS speak for up burner, not as required by law, and set woman. The people overwhelmingly to 10 minutes. it on the value added by the companies

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10402 CONGRESSIONAL RECORD — SENATE September 16, 1998 through their extraordinary efforts to For instance, what is the value in Mr. President, I do not think we market the product. And by denying Chugwater, WY, as compared to Okla- ought to be fooled by arguments of the the companies an allowance for reason- homa City? What is the value when you proponents that they are not getting a able marketing costs, MMS unneces- are close to a collection point as op- fair share of the royalties. This amend- sarily and artificially raises the price posed to having to carry the oil for a ment is not about reasonable valu- of oil on which the royalty is based. very long time? Where do you apply ation, collection. This amendment is That is what they are doing here. the value? Do you have to pay for the not about schoolchildren. This amend- So, Mr. President, do not be misled transportation to where it is going in ment is quite simply one that wants to by these generalities that somehow order to have one-eighth of it? There attack the oil industry by those who this is corporate welfare. This is an ef- are some real issues here, and we have are critical of business, those who fort to help an industry be competitive. not been able to come together with think that this is some kind of an envi- The policy of the Department of the In- the bureaucracy to have a satisfactory ronmental question. And it is not. terior to mandate royalty valuation, solution. And that is why this amend- It is important that the MMS rule be through rulemaking, would be detriment is there—to have a moratorium understood, that it does not only im- mental and not resolve the issue, and on time so that this can, indeed, be re- pact large petroleum producers. If that would leave many unanswered ques- solved. were the case, why would the independ- tions relative to the industry’s ability I have been involved in some of these ents be involved? Why would the inde- to be internationally competitive. It is meetings here in which we have tried pendents be interested in bringing to find a solution. I, by the way, have beyond me, Mr. President. some kind of court action? It is be- not seen any of my friends from the I thought when the Interior officials cause they are very much impacted. other side of the aisle there partici- met, they were going to meet in good We have also heard over the last sev- pating in trying to find a solution. All faith. It appears that Interior did little eral days that the Governors are not they do is come up and complain. I am, more than pay lipservice to that effort. for this. I just bring to the attention of frankly, a little offended at the idea The rule is just as unfair now as it was my colleagues a letter by the Governor that seems to be promoted that some- when discussions of it took place. Only of Wyoming. now, Interior is trying to put its spin how if you are not for this it is because you may have gotten a contribution . . . I strongly object to Senator Barbara on the issue by saying, ‘‘We gave the Boxer’s amendment to the Department of In- industry its meeting. We addressed from an oil company. I am offended by terior’s Appropriations Bill. . . . The amend- their concerns. Why do we need to have that. ment would allow the Department to imple- any further delay?’’ People believe in what they are doing ment new and untested federal royalty crude Mr. President, it appears the Interior here. They believe it is important to oil pricing regulations. Department is going to continue to their communities and to their States. And it goes on, in opposition to that. base its oil royalty on market factors They believe there ought to be jobs. Minerals Management has proposed away from the lease. Any attempts to They believe we ought to have a do- rules that are complicated, that are strip the Domenici amendment away mestic oil industry. These are beliefs. I unworkable, that result in hardship to should be opposed. And there are three do not hear anyone saying they are the producer, result in a loss of jobs, a specific reasons. Then I will conclude. where they are because the environ- loss to the economy of our State of Wy- First, contrary to what Interior mentalists are having TV ads to sup- oming, and I think a security issue to claims, the amendment was scored by port their candidacy. I suppose you this country when we have 55, nearly 60 could say that. I do not think that is a CBO as having zero effect on the cur- percent of our oil imported. We have an great idea. rent baseline. Interior’s claim that it opportunity here. What we have is some real confusion. will save $65 million a year is simply Simply put, this valuation rule is a Let me give you a little example. We puffery and nothing more. job killer. We ought not to go forward Second, with world oil prices de- had an independent who was brought back before the agency because they without having some time to make it pressed, we do not need to add what work. amounts to a new tax on this industry, did what someone in the agency told them to do. They did what the em- I think the current language in the particularly the independents, the appropriations bill is fair and reason- small oil companies. Do not talk to me ployee told them to do. And the director of MMS says, ‘‘Well, you can’t go able. Instead of taking reckless actions about big business. and getting up in broad generalities Third, delaying oil valuation rules is by that because that might not be what and talking about the evils of business, nothing new. Congress did it in 1987. the Assistant Secretary meant to hap- we ought to craft some rules that Delay will allow better public policy to pen.’’ Give me a break. You mean a citizen who goes to an employee of an work. We can, in fact, do this. be formulated. Again, I urge my friends in the Sen- So I urge my colleagues to join in op- agency cannot rely on the information ate to vote against the Boxer amend- posing the removal of the oil valuation they get there because it might not be ment and continue to resolve the ques- amendment from the Interior appro- consistent with what someone said who tion in a way that is workable and a priations bill. is Assistant Secretary? That is the way that really deals with some regu- I yield the floor to Senator THOMAS. kind of thing we are dealing with here Mr. THOMAS addressed the Chair. and the kind of thing we need to get relations that will cause us to be able to The PRESIDING OFFICER. The Sen- solved. collect these royalties, as we are all ator from Wyoming is recognized. We have met with MMS on a number willing to do. Mr. THOMAS. Thank you, Mr. Presi- of occasions. I must tell you, I have I yield the floor. dent. been working with this since I was in The PRESIDING OFFICER. The Sen- I rise in strong opposition to the the House 4 years ago, where I sug- ator from California is recognized. Boxer amendment. Contrary to what gested, and would suggest again, that Mrs. BOXER. Mr. President, as we we have heard over there about with- the States do the actual collection of agreed before, I will speak 5 minutes drawal and cheating and all these the mineral royalty and share it with now and then I will yield 20 minutes to things, there are some real issues here, the Feds. We are duplicating it now. Senator DORGAN. issues that many of us, particularly MMS is one of the most inefficient There were many misstatements those of us who live in public land agencies we have in this Government made here, but I will start from the States, have been working on for a in terms of their cost. It is not clear top. The Senator from Wyoming said very long time. what it is that they are doing. It is that he didn’t see me or any Members That is the question—how do you clear that it is not a workable situa- on this side at some closed-door meet- have regulations that extract one- tion. When you take the NYMEX and ings that were held between oil compa- eighth of the value of Federal oil into apply it to a place in Oklahoma City, nies, the Department of Interior, and the Federal Treasury? Nobody objects and out in Wyoming, that is not a Members of the Senate. to that. That is the law. Nobody argues workable way to determine what the A, I was never invited to even one of with that. There are some real issues market value is. We need to do some- those meetings. B, had I been invited, I here. thing about that. wouldn’t have gone, because I don’t

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10403 think it is right for Senators to meet criticisms. For example, MMS has revised its rior’s Appropriations Bill, S. 2237, to allow with regulators and companies that are proposed regulations to recognize regional the Department of the Interior to implement being regulated by those regulators. A, differences, particularly for the Rocky new federal royalty crude oil pricing regula- I wasn’t invited; and B, I wouldn’t have Mountain Area. tions. The department’s proposed regulations The proposed MMS regulations are very would ensure that oil companies would pay gone, and I would have expressed my reasonable. If oil companies sell royalty no more and no less than fair market value opinion as to why I declined the invita- crude on arm’s-length transactions, they pay for federal royalty oil. S. 2237 currently in- tion. on the basis of the prices they receive. If cludes a provision that continues the ban on There were comments made by the they do not sell the oil on arm’s-length implementing the proposed regulations for Senator saying those of us who oppose transactions, they pay on the basis of prices the next fiscal year. This delay is costing the rider in this bill are antibusiness. I at market centers, adjusted for location and taxpayers $5 million per month. want to make something clear: 95 per- quality differences, which are universally The members of the Western States Land cent of the oil companies are doing recognized to result from competition among Commissioners Association, of which the State of Washington is a member, have a right by the American people. They are innumerable buyers and sellers. Oil companies presently use their posted strong interest in ensuring that oil compa- paying their fair share of royalties. I prices to value royalty oil. Posted prices are nies pay the market value of federal royalty applaud that. As a matter of fact, At- unilaterally set by individual oil companies oil. The association’s member states share in lantic Richfield has stepped away from less than the market value of those crudes. the revenues collected by the Department of the big oil companies and said, ‘‘You In contrast, the market prices proposed by the Interior. The failure of oil companies to know what? We will be a good cor- MMS to value royalty crude not sold by pay market value for federal royalty crude porate citizen. We are going to pay the arm’s-length transactions are set by innu- reduces the revenues obtained by the federal government and the states. right royalty based on the market merable buyers and sellers and are publicly reported on a daily basis. The Department of the Interior’s Mineral price.’’ MMS’ proposed switch from posted prices Management Service has been eminently fair So, please, let no one say that this to market prices is not a radically new con- in proposing its new regulations. The service Senator is antibusiness when I support cept: has held numerous public and private meet- 95 percent of the oil companies in this (1) The State of Alaska uses the spot price ings for over two and a half years to allow particular matter. of Alaska North Slope crude oil quoted for the industry to comment and the industry I also want to point out that we have delivery in the Los Angeles Basin as the has filed over two thousand pages of comments. Based on industry concerns, the serv- a letter addressed to Senator BINGA- basis for royalties; ice revised its proposed regulations a number MAN, which I ask unanimous consent to (2) Arco, since the early 1990’s, uses spot prices as the basis of payments of royalties of times to take into account industry’s sug- have printed in the RECORD, from a throughout the country; gestions and criticisms. For example, the number of commissioners of public (3) The recent State of Texas Chevron and service revised its proposed regulations to land, including New Mexico, Texas, Ar- State of Texas Mobil settlements rely on the recognize regional differences, particularly kansas, South Dakota, Montana, North use of spot prices for royalty valuation pur- for the Rocky Mountain area. Dakota, Colorado, and Robert Hight poses. The proposed Mineral Management Service from California, who support the Boxer Mobil recently settled for $45 million a regulations are very reasonable. If oil companies sell royalty crude by means of arm’s- amendment, as well as a letter to Sen- case brought by The United States Depart- ment of Justice that Mobil had underpaid length transactions, they pay on the basis of ator GORTON. the prices they receive. If they do not sell There being no objection, the letters federal royalties throughout the United States. the oil by arm’s-length transactions, they were ordered to be printed in the The Department’s comprehensive proposal pay on the basis of prices at market centers, RECORD, as follows: is the logical alternative to posted prices. adjusted for location and quality differences, THE WESTERN STATES Industry’s efforts to require the federal which are universally recognized to result from competition among innumerable buyers LAND COMMISSIONS ASSOCIATION, government to take and sell its royalty oil- September 4, 1998. in-kind should be rejected. MMS, numerous and sellers. Many companies presently use their posted Hon. JEFF BINGAMAN, states and more recently the General Ac- prices to value royalty oil. Posted prices are U.S. Senator, Hart Senate Office Building, counting Office (GAO) have voiced legiti- unilaterally set by individual oil companies Washington, DC. mate objections to industry’s proposal. Man- and are set at a level lower than the market DEAR SENATOR BINGAMAN: We, the under- datory sales of royalty-in-kind oil would not signed Lands Commissioners who are mem- work for the thousands of federal leases value of those crudes. In contrast, the market prices proposed by the Mineral Manage- bers of the Western States Lands Commis- which produce low volumes of crude and in ment Service to value royalty crude not sold sions Association, urge your support for Sen- remote locations. Moreover, the federal gov- by arm’s-length transactions are set by innu- ator Barbara Boxer’s amendment to the De- ernment’s lack of easy access to pipelines, merable buyers and sellers and are publicly partment of Interior’s Appropriations Bill, S. and the major oil companies’ unwillingness reported on a daily basis. to pay more than posted prices for their 2237, to allow the Department of Interior to The service’s proposed switch from posted crude oil, would also mean that the manda- implement new federal royalty crude oil prices to market prices is not a radically pricing regulations. The Department’s pro- tory in-kind sales would generate even less new concept: posed regulations would ensure that oil com- revenue than are presently generated. (1) The State of Alaska uses the spot price panies would pay no more and no less than Thank you for your consideration. of Alaska North Slope crude oil quoted for fair market value for federal royalty oil. S. Sincerely, delivery in the Los Angeles Basin as the 2237 currently includes a provision which Ray Powell, Commissioner of Public basis for royalties; continues the ban on implementing the pro- Lands, New Mexico State Land Office; (2) ARCO, since the early 1990s, uses spot posed regulations for the next fiscal year. Curt Johnson, Commissioner, South prices as the basis of payments of royalties This delay is costing taxpayers $5 Million per Dakota Office of School and Public throughout the country; and month. Lands; Jeff Hasener, Administrator, (3) The recent State of Texas/Chevron set- The state agencies that are members of the Montana Department of Natural Re- tlement relies on the use of spot prices for Western States Land Commissioner’s Asso- sources & Conservation; Robert C. royalty valuation purposes. ciation have a strong interest in ensuring Hight, Executive Officer, California The Department of the Interior’s com- that oil companies pay the market value of State Lands Commission; Garry prehensive proposal is the logical alternative federal royalty oil. The member states of the Mauro, Commissioner, Texas General to posted prices. Association share in the revenues collected Land Office; Charlie Daniels, Commis- Industry’s efforts to require the federal by the Department of Interior. The failure of sioner, Arkansas Commissioner of government to take and sell its royalty oil- the oil companies to pay market value for State Lands; Robert J. Olheiser, North in-kind should be rejected. The Mineral Man- federal royalty crude reduces the revenues Dakota Commissioner of University agement Service, numerous states, and, obtained by the federal government and the and School Lands; John Brejcha, Dep- more recently, the General Accounting Of- states. uty Director, Colorado State Board of fice, have voiced legitimate objections to in- The Department’s Mineral Management Land Commissioners. dustry’s proposal. Mandatory sales of roy- Service (MMS) has been eminently fair in alty-in-kind oil would not work for the thou- proposing its new regulations. MMS has held DEPARTMENT OF NATURAL RESOURCES, sands of federal leases that produce low vol- numerous public and private meetings for Olympic, WA, September 3, 1998. umes of crude and in remote locations. More- over two and a half years to allow the indus- Hon. SLADE GORTON, over, the federal government’s lack of easy try to comment and the industry has filed U.S. Senator, Hart Senate Office Building, access to pipelines, and the major oil compa- over two thousand pages of comments. Based Washington, DC. nies’ unwillingness to pay more than posted on industry concerns, MMS has revised its DEAR SENATOR GORTON: I’m writing to urge prices for their crude oil, would also mean proposed regulations a number of times to your support for Senator Barbara Boxer’s that the mandatory in-kind sales would gen- take into account industry’s suggestions and amendment to the Department of the Inte- erate even less revenue than is presently

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10404 CONGRESSIONAL RECORD — SENATE September 16, 1998 generated. In addition, it makes sense to his statement, Senator DORGAN get 20 price Wheaties at the grocery store at evaluate the results of the current Mineral minutes. $3.75 a pound and the farmer can’t even Management Service demonstration program The PRESIDING OFFICER. Without get $1.75 for a 60-pound bushel of wheat. before requiring an approach nationwide to objection, it is so ordered. Something is out of whack here. So locations that are likely to lose money. The bottom line for states is: These are as- The distinguished Senator from Mon- we are not arguing about the eighth. sets that belong to the beneficiaries of the tana is recognized. We are arguing where do you take the states’ trust lands and they should be fairly Mr. BURNS. I thank my friend from eighth and what our investment or our compensated when those assets are sold. New Mexico. I will not be long, I say to part of the expense should be. You Thank you for your consideration of my po- my friend and neighbor from North Da- can’t let everybody else pay all the ex- sition on Senator Boxer’s amendment. kota. penses and you just participate in the Sincerely, I want to put some things in perspec- harvest of those dollars. It is a very, JENNIFER M. BELCHER, tive. Yes, the lands belong to the Commissioner of Public Lands. very simple thing. There is nothing dif- United States of America and are held Mrs. BOXER. Mr. President, I also ficult about understanding that. But I in trust for the citizens of this country. think that is what we ought to do. Yes, will read into the RECORD the groups But the citizens of this country and the we are worried about children in that support the Boxer amendment: taxpayers in this country do not par- American Association of School Ad- schools. I sure am. I am worrying ticipate in the expense of drilling the about the children of those folks who ministrators, American Bioenergy As- well. There is no argument on the sociation, Americans for Clean Energy, work awfully hard in the oil patch to eighth that is the royalty that goes to American Wind Energy Association, feed their families, participate in their the surface owner. After all, the oil Arkansas State Lands Commission, communities, and take care of the obli- companies did buy the leases. They California State Lands Commission, gations they have as citizens of the paid hard money for those leases. If California State Superintendent of United States of America. there is a resource—in this case, oil— Public Instruction, Colorado State Mr. President, I yield the floor. under the ground, they go and find it. Board of Land Commissioners, Council Mr. DORGAN addressed the Chair. That is not to say that every well of Chief State School Officers, Friends The PRESIDING OFFICER. The Sen- they put in the ground is successful. of the Earth, Global Biorefineries, Inc., ator from North Dakota is recognized. We have more dry wells than we have Mr. DORGAN. Mr. President, this is Montana Department of Natural Re- wells producing. The American people an interesting debate. sources and Conservation, National As- did not make any investment in drill- Mr. DOMENICI. Mr. President, if the sociation of State Boards of Education, ing that so-called dry hole, and they Senator will yield briefly, I ask unani- National Education Association, Na- didn’t even participate in footing the mous consent that the next speaker on tional Parent-Teachers Association— bill; the expense of putting the well our side be Senator NICKLES and he be the PTA—National School Boards As- down is a producer’s. allowed 10 minutes. sociation, The Navajo Nation, National There is no argument with the The PRESIDING OFFICER. Without Trust for Historic Preservation, New eighth. I can simplify this very easily. objection, it is so ordered. Mexico State Lands Commissioner, ‘‘In kind’’ would be right. If you want The Senator from North Dakota is Project on Government Oversight, Pub- to participate in the value added to recognized. lic Citizen, Safe Energy Communica- compute your royalty, as the chairman Mr. DORGAN. Mr. President, this is tion Council, South Dakota State of the Energy Committee said is being an interesting debate that likely will Lands Commissioner, SUN DAY Cam- attempted by MMS, then MMS should get very little attention, given the pro- paign, Taxpayers for Common Sense, participate in the transportation and clivity of the press to cover other Texas State Lands Commissioner, U.S. the cost of the value added. That is things going on in our country these Public Interest Research Group, The only fair. days. Wilderness Society, and the Wash- Now, if that is not fair, then I sug- I rise today to support the amend- ington State Lands Commissioner. gest that the Interior Department go ment offered by Senator BOXER. There Later, after Senator DORGAN has fin- out to the well site, take their truck, is a charming quote from Abraham ished and colleagues on the other side and every eight buckets of oil that Lincoln that came during his debates have had a chance to speak, I want to come out of the ground, they get the with Douglas. At one point, very exas- read what the States are saying as to eighth one, put it in their truck, and perated because he simply could not how they view this rule and how they do with it whatever they want to do get Douglas to understand a point he support the fact that there is a process with it—go on open markets, like the was making, Lincoln turned to Douglas going on to make sure that the largest independents or even the big companies and said, ‘‘Tell me, how many legs does of the oil companies—5 percent—pay do. It doesn’t make any difference. a cow have?’’ Douglas said, ‘‘Four, of their fair share of royalty payments so That is their eighth. They have been course.’’ Lincoln said, ‘‘Now, assume that the taxpayers get what is due paid. The market goes up, the market that the tail were a leg; how many legs them. would the cow have?’’ Douglas said, Those who are supporting the Boxer goes down; the risk is the same for the ‘‘Five.’’ Lincoln said, ‘‘You see, that’s amendment are standing with the tax- surface owner as it is for the one who where you are wrong. Just calling it a payers. That is very, very clear. I am is bringing it up. That is very simple. leg doesn’t make it a leg at all.’’ very honored to have been able to offer No argument with the eighth. What we are saying is: Fair is fair. If As I heard members discuss this this amendment. you want to collect the royalty on the amendment on the floor of the Senate, Again, I want to thank Senator GOR- value-added product, then there has to saying this amendment affects inde- TON for his indulgence in allowing us to have adequate time to debate this be expense incurred by those who want pendent oil companies, I thought it was amendment. to participate in that part of the proc- easy to say, but it was totally removed I yield up to 20 minutes to Senator ess of getting oil to gasoline and the from the facts. This bill has no impact DORGAN. energy that we need in this country. on independent oil companies. It does Mr. DOMENICI. Senator BOXER, I Senator DOMENICI brought up the not have an impact on independent oil thought when I proposed that we go point a while ago that people are pay- companies. It has nothing to do with next, that I had little statements, not ing more for their bottled water in the the fact that commodity prices are col- 20-minute ones, and three of them grocery store than they are for their lapsing which is true on the farm and could go because they were short. gasoline. There is another aspect of true for energy companies. It has noth- Mrs. BOXER. If Senator DORGAN this—and I think Senator DORGAN from ing to do with that either. In fact, the would yield—I thought it was only two. North Dakota will agree with this—in lower the price for oil, the less royalty Mr. DOMENICI. I wanted Senator this economy today, nobody who pro- fee would be required to be paid by the BURNS to discuss his 5-minute state- duces a raw product is making any oil industry. So that is not what this ment. money. Our farmers understand that. I issue is about. Mrs. BOXER. I ask unanimous con- will give my old ‘‘F-U’’ line here, old A lot of folks want to confuse the sent, when Senator BURNS completes farmers union line they call it: Go and issue. It is not about that. It is not

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10405 about independent oil companies who most cases—95 percent of the cases, Then members come to the floor of the are not affected, and not about the with all of the independents and some Senate and say to us, ‘‘Gee, you are price of oil. When the price of oil goes others—it is the fair market value, a being unfair.’’ We are not being unfair. down, royalty fees go down. willing buyer and a willing seller in an We are required to stand up for the in- Let me describe what it is about. It is open market transaction, which estab- terests of the American people. They very simple. The companies who drill lishes a price upon which a 12-percent own that land. They own that land on for oil on Federal lands pay a 12-per- royalty payment is made. which drilling takes place. They are cent royalty to the American people This amendment isn’t even a close owed the 12-percent royalty based on a for the privilege of doing that on the call, by any standard. I want to use fair computation of the price of that oil that they bring up out of those this example to talk about two other oil. lands and sell. They are required, be- things that relate exactly to this, I will tell you one more story. I cause they are drilling on lands that which give me as much concern as this served in State office before I came are owned by the American people, to does. In fact, this is not a very large here. In our State, we assess a tax on pay a royalty fee. That is fair. I sup- issue. It is an issue of $66 million a railroads. It is exactly the same prin- pose some think they ought to drill year; $66 million is a lot of money, but ciple we are talking about here today. and keep all the money. But it is fair. in the construct of a trillion dollars, or We assess a tax on railroads. When I as- Over many years, we have decided a trillion and a half—the $1.6 trillion sumed office as Tax Commissioner, that if they are going to get something budget that we have, and the $135 bil- which was an elective office, and as- the public has, they will pay a fee. lion of revenue here and there—I mean, sumed responsibility for that tax, I That is the 12-percent royalty fee. A it is not that big an issue. Yet, they are asked one of the folks who were respon- fair portion of that fee that goes to the waging a fight; the major integrated sible for that tax—which is an ad valo- States is used for education. That is an oil companies are waging a fight, and rem property tax on the railroad sys- important part of the revenue base of you would think you were taking away tem—‘‘How do you do that?’’ He said, our States. A large part, no, but an im- their last oil truck. ‘‘Sit down and I will show you.’’ He portant part. How much do we get from Let me tell you about an exact rep- said, ‘‘Because the railroads aren’t these royalties? When someone wants lica of this debate. We lost it on the bought and sold, you look at all of the to produce oil on public lands, how floor of the Senate. We have the exact stocks and all of the debt. Assuming much do we get from the royalties of 12 same issue on taxation—corporations, you bought all of their stock and debt, percent? Well, it is 12 percent of the especially foreign corporations, but do- that is the value of the railroad.’’ I price of the oil. What is the price of the mestic as well, that sell to themselves said, ‘‘Tell me a little more about oil with respect to the independent oil and then tell us at what price they sell that.’’ He said, ‘‘Here is the stock. I companies that produce it and sell it? the product to themselves, a wholly sell you this railroad. Here is the That sale price is the price of the oil. owned subsidiary, and therefore how stock.’’ I said, ‘‘Gee, what price are you They are then required to pay a roy- much profit they made and how much using, par value?’’ ‘‘Par value,’’ he alty fee on the price of the oil. So an income tax they will pay to the Fed- said. arm’s length transaction between a eral Government. And 65 percent of the Remember, we have been doing that willing buyer and a willing seller es- foreign corporations doing business in for 25 years. The railroads indicated to tablishes the market price for oil. That this country, most of whose names you us that that is the value. Using the par is not a problem. That is not a matter will recognize, do tens of billions of value, of course, is absolutely ridicu- of contention. dollars of business in America and pay lous. Par value has nothing to do with But what about a company that is a zero in income tax—not a penny. Zero. the value of the railroad stock. But the large integrated company that pro- How do they do that? Let me give you industry had convinced the people in duces oil and then, as a producer, sells one example. A company sells a piano our State who value railroads to use an it to itself as a wholesaler or a retailer to its affiliated subsidiary and prices it artificially low, absurd value for the and it produces the oil and prices it at $50. Would you like to buy a piano railroad stock. They were fat and and sells it to itself? What about that for $50? It is exactly the same thing we happy for dozens of years underpaying company? What then is the price of the are talking about with pricing oil you their taxes. They loved it. The minute oil, and how much in royalty payments sell yourself—undervalue it and pay a I decided to change it, they said ‘‘Holy do the American people get from that tax, or in this case, a royalty, based on cow. What are you doing to us? Why on transaction? The answer is, the price of evaluation that is artificially low so Earth are you being unfair to us?’’ I that oil in a large integrated oil com- you can avoid paying the royalty, or as said, ‘‘I am not being unfair. I am ask- pany is whatever the company says the in the case I described, avoid paying ing you to do what every other Amer- price of the oil is. the income tax. ican does—pay your fair share of the What if they say, gee, well, the price How about a tractor tire? I don’t taxes.’’ of our oil is $4 a barrel, and you get 12 know if anybody in here buys and sells That is the principle and the issue on percent of that? Are we being cheated tractor tires. Probably not, but $7.60 is which we will be voting. The principle if, in fact, oil is selling for $12 a barrel the price of a tractor tire in a trans- and the issue here is not about ma and and they say, ‘‘Ours is only worth $4 action between a corporation—a for- pa. It is not about independents and because we are selling it to ourselves, eign corporation—and its wholly owned not whether you support the oil indus- and we have artificially priced it be- subsidiary in the U.S. Why $7.60? The try. I do. I have cast a lot of votes on cause we want to avoid paying your company artificially prices it low so behalf of the independents, and support fees, avoid paying our fair share to the that it doesn’t pay income taxes in the the majors as well, because I think American people?’’ U.S. We voted on that. We voted on they play an important contributing Are we being cheated? Of course we something that corrects that problem. role for this country in providing en- are being cheated. The question is, Who We have people in this Chamber, suffi- ergy for our future. But in cases like cares about that in here? Does anybody cient numbers, who have said, ‘‘We this where you have integrated compa- care? Does anybody care if the Amer- don’t want to correct that. We don’t nies who are undervaluing their oil so ican people get taken to the cleaners even want to debate whether it is they can underpay the royalty fee they by somebody that wants to underprice cheating. We don’t want to deal with it owe to the people of the United States, something they sell to themselves and, because big business doesn’t want that I say let’s correct it. as a result, pay the American people to be changed.’’ Some of my colleagues say that un- something less than they were sup- We don’t intend to change it. It is the derpayment is not happening. posed to pay? Does anybody care about same principle here. Big, integrated oil Let’s take a look at the rates. Alaska that? A few of us do. We will have a companies sell to themselves, settled with the oil companies for over vote on it to see who cares. underprice what they are selling to $2.5 billion. Is that because somebody So what is the royalty fee we get? It themselves, and, therefore, cheat the was making arithmetic errors? I don’t is 12 percent times the value of the oil. American people out of royalty pay- think so. California, $350 million; Who establishes the value of the oil? In ments that they ought to be making. Texas, $17.1 million.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10406 CONGRESSIONAL RECORD — SENATE September 16, 1998 My point is that the States have been order for our speakers be the order: retary of the Interior in proposing this plodding their way through this issue Following Senator NICKLES, who will oil valuation regulation. I think they with respect to royalties owed to the speak for 10 minutes, the Senator from have gone too far. I happen to like Mr. States. Can we not have the strength Louisiana will speak for up to 5 min- Armstrong. But I don’t think their reg- to stand up here and say to the inte- utes; then Senator HUTCHISON for 25 ulation makes sense. That is one of the grated oil companies, ‘‘You have a re- minutes. That will leave some addi- reasons we had hearings. sponsibility to be fair to the people of tional time for additional Senators, or One of the things we don’t do enough the United States? We are not asking for me. We would like to do it in that of in the Senate and House is we don’t for more than you owe. Your oil prices order pursuant to the rotation from have oversight over our various agen- have declined. Therefore, you should one side to another. cies. A lot of times the agencies pro- pay the new price.’’ We understand I ask unanimous consent that be the pose rules and regulations, and some- that. ‘‘We are not asking for more than order. times those rules and regulations don’t you owe; not a penny more. We are Mrs. BOXER. Mr. President, may I make sense. They may be well in- asking you on behalf of the people of ask the Senator? That sounds fine to tended, and they may have stated goals this country to pay your fair share.’’ me. In other words, all of your three of simplicity, clarity, and definability, What is happening today—and in this speakers will include Senator but they may do just exactly the oppo- bill that came to the floor of the Sen- HUTCHISON, and we will finish up with site. ate—is an attempt to intercept a rule our time. Is that what the Senator is Unfortunately, the regulations that that will require these folks to pay suggesting? MMS has come up with—at least ac- their fair share of royalties. And a Mr. DOMENICI. I don’t want to do cording to the people who work in the bunch of folks here in the Senate stand that. I said that Senator NICKLES will industry—the regulations won’t clarify up and say, ‘‘No, no, no. We want to go next. If you have somebody, they anything. They won’t even raise the protect the old order.’’ The old order is will be next. If you don’t, Senator LAN- Government any money—maybe not as to let people sell oil to themselves, to DRIEU will go next, and back and forth. much money as they are raising right But our times are now set for three underprice it, undervalue it, and avoid now. What they will raise is litigation. Senators. As Republicans are recog- paying the American people what they That doesn’t help anybody. That nized, they will speak in that order. doesn’t help the Government. That owe them in royalty fees. That is what Mrs. BOXER. That is fine. is wrong. The PRESIDING OFFICER. Without doesn’t help the schoolboard. That If we turned out the lights and voted objection, it is so ordered. doesn’t help the tribes. That doesn’t on this, people in this Chamber would Mr. DOMENICI. I thank the Chair. help the States or anybody, except for express that view. I hope when we have The PRESIDING OFFICER. The Sen- maybe the lawyers who are involved in a vote on this we will all decide that ator from Oklahoma. the litigation. there is a right and wrong answer. The Mr. NICKLES. Mr. President, I want Some of us have looked at this. This right answer is to just ask the inte- to compliment my colleague, Senator is one of the regulations that we need grated majors who sell oil to them- DOMENICI, as well as Senator to review. I mentioned that we had a selves to price it fairly and abide by HUTCHISON, for their leadership on this hearing. Several of us have had meet- the new MMS rules. They have been issue. ings with members of the administra- studied and worked on and they are Mr. President, I want to correct what tion, the Department of the Interior, fair. Do this the right way. I hear from my colleagues, the pro- and MMS proponents of this regula- The Senator from California is not on ponents of this amendment, and make tion, and people who work in the indus- the floor trying to attack an industry. a couple of statements that I think are try. We tried to pull them together. The Senator from California is not of- factual. Both Senators from Louisiana, both fering an amendment that in any way One, I think I heard somebody say on Senators from New Mexico, Senator affects the independent oil producers. the other side—Senator DURBIN—that HUTCHISON from Texas, and myself Ninety-five percent of the oil producers there were not any hearings. We had a have met with MMS and said, ‘‘Can’t in this country will be unaffected by hearing. I conducted the hearing. I we figure this out? Can’t we come up this amendment, 95 percent of them. In don’t conduct hearings very often, but with workable, definable, clearly un- fact, some of those who have been unaf- when this issue came up, I knew a derstandable regulations on how to de- fected have been convinced to send us hearing was needed. Some people have termine royalty evaluations?’’ We have letters saying that they are going to be demagogued this issue and tried to use had interesting meetings. But, unfortu- affected by it. I assume they have been it for whatever purposes, political or nately, sometimes it appears that MMS convinced by their bigger cousins, or otherwise. I wanted to know the facts. is not really listening to some of the bigger uncles. But the fact is, it is I am chairman of the relevant sub- complaints and really hasn’t made the wrong. Calling a tail a leg doesn’t committee in the Energy Committee so necessary changes to the regulations to make it a leg at all, as Lincoln said. we scheduled a hearing. We had the make them workable. Saying this affects independents hearing, I believe, in June of this year. I would take issue with some of my doesn’t make it affect independents. It There are just a couple of points that colleagues who said, ‘‘Well, these big does not. It is a very simple, direct ap- I would like to make. One, in testi- oil companies, they are cheating, they proach to say to the integrated oil mony before the House subcommittee, are selling to an affiliate, and they companies who sell oil to themselves the director of MMS said the purpose of lowball the price, and they make more that they have a responsibility to price the regulations were not to raise money, and the Government is being oil fairly so that the American people money. She said, that the regulations cheated.’’ get what they deserve. are to be revenue neutral. I hear all of I do not think that is the case. If it Mr. President, I yield the floor. the list of the groups who are sup- is the case, the government has every Several Senators addressed the posedly proponents of the Boxer right to take the company to court, Chair. amendment—schoolboards and so on— and maybe they can win. The PRESIDING OFFICER. The Sen- thinking they are going to get a lot What we want to do is have clarity. ator from Oklahoma is recognized. more money. The proposed regulations We want to have definability. We want Mr. DOMENICI. Mr. President, will are supposed to be revenue neutral. It people to pay exactly what they owe in Senator NICKLES yield for an inquiry? is not supposed to raise any money. royalties—not a dime more, not a dime Mr. NICKLES. Certainly. Proponents are saying, ‘‘Oh well. If we less. And that is our objective. It is Mr. DOMENICI. Mr. President, I don’t pass this amendment, the easier said than done. And the MMS would like to state for anybody who schoolboard is going to be out of some came up with some proposed regula- would like to speak in opposition to money,’’ and so on. That is false. It is tions. They said, ‘‘Oh, well, we will put the Boxer amendment that we have a not the case. It is contrary to what the out some prices that are on the ex- few minutes left. I would like to ask director of MMS has testified to. change, and that will be what the roy- unanimous consent that on our side, I don’t happen to agree with the di- alty will be based on, on that given when appropriate, that the following rector of MMS, or the Assistant Sec- date.’’

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10407 But wait a minute. What if there is they are covered. The regulations are sas, Senator BUMPERS, but I want to an arm’s length transaction where written for all oil producers; 100 per- just make a point on the comments of somebody actually bought and sold? cent of all oil producers are covered by Senator NICKLES. Maybe they didn’t buy or sell at the these regulations. Some of my col- We have here a chart that shows how same price posted on the exchange. leagues have said: Oh, no; it just ap- many meetings were held before this Market valuation on some exchanges is plies to those companies who are sell- rule was put into place. I want to make based on some transactions, but you ing to marketing affiliates. Guess sure that colleagues understand there have some transactions below it and what. More and more companies today were actually many, many months of some above it; you have some trans- are selling into a company that maybe proposals. That it is a fact that the actions that might be a little higher they have a little piece of or some- purpose of this rule is not to raise addi- because of a little different weight of thing—a natural gas marketing com- tional revenue. But, if companies pay oil or different grade of oil or a trans- pany, an oil marketing company, and their fair share, the Mineral Manage- portation problem or a little different so on. They are banding together in ment Service has shown us, if they do sulfur content. There are lots of vari- these types of organizations. And so in fact pay the royalty payment on the ables in the equation. this regulation certainly reaches, I market price rather than a made-up So to have some bureaucrat say, would say—I don’t know what percent- price when a company sells to its own well, I am going to pick this market age, but according to the independent affiliate, taxpayers will receive $66 mil- index or this posted price somewhere petroleum producers—I happen to lion in additional revenue. That is why and that will be the value of what the think they would know more about it all these various schoolboards are for it Federal Government will be paid on in- than anybody else—it says 100 percent. and many state land commissioners. stead of the actual value of an arm’s The independent producers say in a I wanted to point out, when the rule length transaction, that doesn’t make memo, ‘‘Percentage of oil producers was beginning, there were very, very sense. I will tell you, in my own State impacted by the proposed oil royalty favorable comments from Louisiana, we have several different prices on dif- rule, 100 percent.’’ I happen to think Wyoming, New Mexico, Alaska, and there is a reason for it. We see that ferent types of oil. We have Texas they know what they are talking these States have had to sue in the crude; we have Oklahoma sweet, Texas about. past, I say to my friend from Okla- sweet; we have Cushing prices; we have And so again I compliment my col- homa, for the fair share of the royalty a lot of different prices, posted prices, leagues, Senator HUTCHISON and Sen- payments that they believed they were and so on. ator DOMENICI, for including this provi- So I just mention to my colleagues, I sion in this bill. I think they are right owed. And I think that the States are don’t think the oil companies are try- in doing so. I think MMS needs to work saying to us: ‘‘We don’t want to go this ing to cheat anybody. I think the pro- with Congress and with the affected route. We don’t want to be litigious. We don’t want to be in court every day. posed regulations are not clear; they parties to make sure that every com- We want a fair rule.’’ I know my friend need to be clarified. We need to work pany pays exactly what they owe—no from Oklahoma wants a fair rule. The with MMS to try to come up with bet- more, no less. issue is, How do you go about it? Do ter regulations that are clear and If colleagues are interested in trying you go about it by shutting down the work. They haven’t done it yet. And to raise money, they should try to ability of the Interior Department to their proposal leaves a lot to be de- raise the royalty rate, and we can have proceed on what many in the States sired. Their proposal would result in a debate on that. That is certainly within their rights. I don’t think they are saying is fair, even New Mexico? more litigation, and that is not going will be successful, but they have the The Tax Revenue Department said, to help any schoolboard in the country. ‘‘The MMS should be commended for And so I think we have the responsi- right to try that. But to try to raise the effort they have made in devel- bility in Congress as maybe the coun- the royalty rates by changing the regu- oping oil valuation regulations that tervailing branch of Government, the lations or trying to change the regula- are fair to all interested parties.’’ branch of Government that listens to tions in a way so that they will raise money is a tax increase by a regulatory We can see that the oil companies our constituents when we find a regu- settled for $2.5 billion in Alaska; in latory agency that is not listening, agency, I reject that emphatically. Congress has the power to raise taxes, New Mexico, $8 million; in California, that is not working, that is not pro- not some unelected bureaucrat in the $350 million; in Texas, $17.5 million. mulgating regulations that will work, Minerals Management Service. The fact is, oil companies are settling to get their attention. We have an obli- To all the arguments that our col- because they are not in a strong posi- gation to make them work with us to leagues from California and others tion. When you pay a royalty payment come up with something that is reason- made, that this proposed regulation is based on a made-up price and not a able and sound. And if they continue to going to raise so much money and it is market price, you open yourself up to come up with regulations that will not going to help schools, and so on—no; lawsuits. work, that do not make sense, then we what we have to do is make sure that I also wanted to point out that if you should stop that. This is called checks every company pays exactly what they really look at the companies that are and balances. It is called balance of owe—no more, no less. The current sys- affected by this—and we have put this power. We cannot allow regulatory tem is not correct. It needs to be im- in the RECORD—they make in the bil- agencies to run amok. proved. However, the regulations pro- lions of dollars, and these royalty pay- And so I think we have a constitu- posed by the MMS do not fit the bill. ments are a tiny percent. As a matter tional responsibility to try to make They need to be revised. We are trying of fact, what we have learned is that some progress in this area. If we find to get their attention so they will re- one of the companies, Shell Oil, which regulatory agencies that are not doing vise those rules in a workable, defin- would see the greatest increase in their what they are supposed to be doing, we able, understandable way that is clear, royalty payment, that great ‘‘in- should hold them in check. That is so that everyone will know exactly crease’’ is equal to 7–100ths of 1 percent what this provision, that the Senator what should be paid and will pay that of Shell Oil’s revenue every year. from California is trying to strike, much and no more. So, we are not talking about huge strives to do. This provision doesn’t Mr. President, again I thank my col- sums of money to these giant oil com- say that MMS cannot go further on leagues for their efforts, and I urge my panies. What we are really fighting their proposed regulations. It basically colleagues to support our effort to de- about here is the principle, the issue says let’s put out regulations that are feat the amendment of our colleague that they should pay their fair share. reasonable and sound. And many of us from California. And even if $66 million does not look have tried to facilitate meetings to Mr. BUMPERS addressed the Chair. like a lot of money to some of my col- make that happen. The PRESIDING OFFICER (Mr. leagues, it is a lot of money when it My colleagues on the other side said HUTCHINSON). The Senator from Cali- goes into various States and into class- that this proposed rule exempts 95 per- fornia. rooms. cent of the companies. Independents Mrs. BOXER. I would like to yield 10 I yield 10 minutes to Senator BUMP- are not covered. Independents tell me minutes to my colleague from Arkan- ERS at this time.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10408 CONGRESSIONAL RECORD — SENATE September 16, 1998 The PRESIDING OFFICER. The Sen- lease for what the oil brings, not for The other day when I tried to raise ator from Arkansas is recognized. some fictitious price created by selling another issue, just an environmental Mr. BUMPERS. Mr. President, I to yourself, by selling to an affiliate. If issue on how we are going to mine thank the Senator from California for you are going to treat the taxpayers’ these hard rock minerals, I lost. I got yielding to me. money as though it were your own, ask 40 votes. I knew I was going to lose. Mr. President, just to put this thing yourself what would you do? Why, you The same people who voted against me in perspective, I call on all of my col- wouldn’t tolerate this for 10 seconds, will go back home and say they are en- leagues to recall the number of times would you, if you found out that the oil vironmentalists, even though they do they have appeared before their local company that had the lease on your not want the Interior Department to chamber of commerce and Rotary land had been selling oil to a wholly- regulate how we mine and how we re- Clubs and told them that, once they owned affiliate at $2 under the spot claim the land after we mine. I just got get to the U.S. Senate, or even the price for which they could have sold it? killed on it, 58 to 40. As I say, I am House of Representatives, it is going to This reminds me of a coal case. We leaving, so the other side won. I know be a new day. They are going to protect found out that Ohio Power Company, a a couple of people here who I think will the people’s rights. They are going to utility company in Ohio, had been buy- take it on, and it will be in capable take care of their money. We have ing coal from one of its wholly owned hands, but I forewarn you: ‘‘It ain’t an pledged: ‘‘I will treat your property affiliates for 100 percent more than easy battle.’’ That is the most egre- and your money as though it were my they could have bought it on the open gious case I have ever run across in my own.’’ market. You talk about a cozy rela- life—billions in gold and palladium and I have made that speech, and I dare- tionship. This was a slightly different silver taken off the land over the years say 99 other Senators have made it as situation, but I am just telling you, and taxpayers don’t get a nickel for it. well. So I say, we have to ask our- these things happen. So, if you vote All they get is a big environmental selves, are we fulfilling our commit- against Senator BOXER’s amendment, Superfund site. ment and our solemn vow to the people don’t go home and tell people how you Mr. President, in this case I will back home? Ask yourself this question: are treating their property as if it was plead with my colleagues, the States If you had an oil well, and you discov- your own, because you wouldn’t tol- favor this. I understand Wyoming has ered that your lessee was selling your erate it for a second. kicked the traces over, but the rest of oil to an affiliate or a wholly-owned Mr. President, the Minerals Manage- them favor this amendment, and they subsidiary, and they were selling it at ment Service is the agency we depend are cutting deals with the oil compa- a price considerably less than pub- on to manage royalties on Federal nies right now. Senator HUTCHISON said lished spot prices of that oil—would lands leased for oil and gas. We expect no, the United States is not going to that be acceptable to you as a private them to get the most for it they can cut a deal; if the Indian tribes and the landowner? Let’s assume your lessee is get. Congress has set the royalties on States want to, that is their business, selling your oil to an affiliate for $12 a oil here. We say the Secretary of the but oil prices are low, and we are just barrel, but the spot price of that oil is Interior cannot lease it for less than not going to bother with it. $14 a barrel—if you were the royalty 12.5 percent, and then say to the Min- Gold prices are low, too, and I know owner, wouldn’t you question that? erals Management Service, ‘‘But if you that. Would you tolerate it? catch the oil companies pulling she- Mr. President, I will close by simply I read a story in USA Today from nanigans, don’t do anything about it’’? reminding my colleagues that I have which I quote: If Senator BOXER’s amendment fails, heard in the last 24 hours that one of States, native American tribes and land- that is what we are saying. the principal candidates planning to owners are suing for the full, open-market So I regret that the price of oil is run for President says he is reconsid- price fees, and a few oil companies have low, and the Senator from Texas has ering because he doesn’t know whether begun to cut settlement deals from Alabama made that point a number of times; oil to New Mexico, rather than face trial. Ac- he wants to subject his family to what cording to the Watchdog Project on govern- prices are low. Most of you know I have goes on up here. ment oversight, there is more than $2 billion spent 9 years trying to make the Fed- Mr. President, I ask unanimous con- in uncollected Federal royalties at open- eral Government make the hard rock sent for 2 additional minutes. market prices, and the total grows by $1 mil- mining companies pay royalty on the The PRESIDING OFFICER. Without lion every week. land we give them for $2.50 an acre. I objection, it is so ordered. When you vote against Senator faced it. I am leaving here at the end of Mr. BUMPERS. He says he doesn’t BOXER’s amendment, are you keeping this year. I don’t know what will hap- want to subject his family to the kind faith with the people back home who pen after that, but I can tell you one of things to which politicians are being own this oil? It does not belong to the thing, I tried for 9 years. I stood where subjected. There are two sides to that U.S. Senate, it belongs to the tax- I have been standing right now for 9 story, and I understand that. payers of America. When the Secretary years and squealed like a pig under a When I ran for Governor 28 years of the Interior signs a lease with gate, saying the same thing I am say- ago—I won the Democratic primary al- Exxon, Mobil, or whoever, the lessees ing now: You are cheating the Amer- most 28 years ago today—I had a slo- agree to pay a royalty, usually 12.5 per- ican taxpayers. gan: ‘‘Let’s get our State together.’’ cent, on the oil they take from the You think about us giving away 3.2 We had been bickering and nothing was Federal land. However, having agreed million acres of land in this country happening in the State. I said, ‘‘Let’s to that, they now are not paying that. for the last 130 years for $2.50 an acre, get our State together,’’ and when I While I appreciate that oil prices are land that had billions and billions of was Governor, I called people together, currently low, that does not provide dollars of minerals under it, and what Republicans and Democrats, and we justification to cheat the taxpayers of did the taxpayers get back? They got worked well together. We had 4 great America out of the fair royalty on 557,000 abandoned mine sites that are years, if you will pardon a self-serving their oil. going to cost them $70 billion to re- statement. If this case did not have any merit, claim. Royalties? Zip. Nothing. Not a I always said politics is a noble pro- why did Mobil recently settle with the dime. I lose it every year, and the peo- fession. My father said it a long time U.S. Government for $45 million on this ple who vote against me go back to the before Jack Kennedy did. He believed very issue? They have essentially Chamber of Commerce and say, ‘‘Oh, it. He served in the legislature. He agreed to the very same thing Senator I’ll treat your property just as though wanted his two sons to go into politics. BOXER is saying they owe. Why are Na- it were my own.’’ If you believe that is How long has it been since a parent has tive Americans suing for royalties? the truth, you ought to be in a mental said they want their son or daughter to Why are States collecting big, big set- institution. If that is your idea of go into politics? tlements with the oil companies? Pre- treating property the way you would In any event, he didn’t say all politi- cisely for the very reason Senator treat it if it were your own, you need a cians are noble, he said public service BOXER brought this amendment up. All guardian. The situation here is essen- is an honorable, noble profession. I she is saying is let’s collect on the tially the same thing. have always believed that. I think it

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10409 still is. I think what a tragedy it is came from the Outer Continental technology and the pressures—may I that the country is in the situation it Shelf. Because we are a poor State, be- have 2 more minutes? is right now and the effect that has on cause we haven’t managed our re- Mr. DOMENICI. I yield 2 more min- people and their willingness to serve sources as well as we could have in the utes. and their wanting to serve as I did. I past, and because of other issues—we Ms. LANDRIEU. The oil industry is think about us voting on things here didn’t have computers in the class- reorganizing itself in such a way that where it is obvious to me—I don’t want rooms—I managed that money more all it is asking for, I say to the Senator to seem arrogant about this, but this is carefully than I manage my own. It from California and others, is a fair not even a debatable amendment about came from these royalties, and I treas- rule that is clearly understood so that what is fair and what is right. We all ured every single penny, because with they can pay their fair share, get out of know what it is. So I plead with you, every dime, we could then hire a new the courtrooms, cut their cost of their do your duty. I yield the floor. teacher or put a computer in a class- lawyers and accountants, pay the tax- Mr. DOMENICI addressed the Chair. room or buy software for kids. I am payers their fair share, and get on with The PRESIDING OFFICER. Under there with you on that 100 percent. We their business. the previous order, the Senator from had that billion dollars, and it is grow- It is in nobody’s interest for this to Louisiana is recognized. ing every day and we are happy for it continue in this way—not for business, Ms. LANDRIEU. Thank you, Mr. in Louisiana. not for jobs, not for the taxpayer. That President. I believe as deeply as I can express is what this argument is about, with Mr. DOMENICI. I ask the Senator if that we want the taxpayers to receive all due respect to everyone who has she will yield for 2 minutes. their absolute fair share to the penny said, I think, very tough things about Ms. LANDRIEU. Yes, I yield. because these dollars can be put to oil companies wanting to cheat. The PRESIDING OFFICER. The Sen- good use, and I hope they will be put to Most of the oil companies I know do ator from New Mexico. better use, because the other point I not want to cheat. Most of the oil com- Mr. DOMENICI. Mr. President, I say want to make is I am getting ready to panies are happy to pay their tab, they just would like a clear signal about to Senator BUMPERS, in particular I introduce—I hope with Senator BUMP- what tab it is that they owe. And they speak of the last 2 minutes of his state- ERS and others and Senator HUTCHISON ment. I commend him for what he said from Texas—a bill that will help redis- do not want to spend their time in and his concerns about the condition of tribute these royalties that we get and court. I am afraid if we let this rule go our country, and in particular—I use a have been getting since 1955 to the tune through, we are going to spend more different word—but the cynicism that of $120 billion, which the Federal Gov- time in court, waste more taxpayer is generating by leaps and bounds ernment has received from these royal- money and not move us 5 feet down the about politicians and people in public ties; to redistribute it in a better way; ballfield on this subject. So that is why life. We can’t have our democracy and to invest it in our environment; to in- I am opposing Senator BOXER’s amend- have that continue indefinitely. It will vest it in the expansion of our national ment and supporting to give us addi- go right to the heart of it. parks; to invest it for the expansion of tional time to work out some language Having said that, I was going to say our urban parks; to prevent species so that everybody can pay their fair something a little bit more jovial and from becoming endangered, a real in- share, and the taxpayers can benefit, just suggest that your eloquence is vestment in our environment, a real and we can all get out of the court- going to be greatly missed, but the fact payback in the right and noble sense to rooms and get on to running our busi- that you keep losing, could it mean the taxpayer. that you happen to be wrong? I yield I am 100 percent on the record for nesses. the floor. Thank you so much. just royalties being paid, for substan- Mrs. BOXER addressed the Chair. The PRESIDING OFFICER. The Sen- tial royalties being paid when appro- The PRESIDING OFFICER. The Sen- ator from Louisiana. priate, so I don’t want there to be a ator from California. Ms. LANDRIEU. Mr. President, I say question—and I so much respect the Mrs. BOXER. I yield myself 3 min- to my wonderful colleague from Arkan- Senator for his fight—but this issue is utes. sas before I get into the substance of about really litigation and lawsuits The PRESIDING OFFICER. The Sen- my remarks, I have tremendous respect and unclear regulations. It is not nec- ator is recognized. for him for his tremendous fight over essarily an environmental or Mrs. BOXER. Thank you very much. such a long period of time on issues antienvironmental issue, and it I thank my dear colleague from Lou- like this. Yesterday, we were together shouldn’t be a drilling or a nondrilling isiana for giving us her perspective in our arguments because we have very issue. from her State. And I greatly respect similar feelings, which I think is It is about whether we should adopt a it. I want to pick up on something she shared by many in this body, about rule that is either going to stop the said. She said, ‘‘It’s in nobody’s inter- paying the taxpayer their fair share litigation, or we are going to adopt this est to continue in this way.’’ And what when it comes to minerals. I say to new rule that isn’t going to stop the is ‘‘this way’’? This way is lawsuit Senator BUMPERS, he is going to be litigation. The rule that we have to after lawsuit after lawsuit. And she is missed. I am going to pick up the fight, consider for which we are now asking right, we should not continue in this as I told him before, on hard rock min- for a suspension is not going to do any- way. ing, but there are some big differences thing, as much respect as I have for We have seen Louisiana sue the oil between what we talked about on min- Senator BOXER, in stopping the litiga- companies and collect $10 million being yesterday and what we are speak- tion. cause the oil companies are cheating ing about today. To put this in perspective, let me say on their royalty payments. They set- One of those big differences is in hard to my colleagues that last year, Min- tled. The oil companies would not have rock mining there are no royalties erals Management Service received $6 settled for these large sums were they paid. It is a system that cries out for billion from royalties. At issue here is not cheating. Alaska settled for $2.5 reform and change. In this instance— $66 million, which is less than 1 percent billion; California $350 million so far; and I know you say, ‘‘Well, there is of the total. This isn’t about oil compa- New Mexico, $8 million so far; private LANDRIEU; she’s from an oil and gas nies not wanting to pay royalties. I say royalty interests $15 million so far; and State. We knew she was going to say to the distinguished Senator from Cali- Texas $17.5 million so far. this.’’ Trust me, when this issue first fornia, they sent to the Federal Treas- In other words, given the current sta- came up, I didn’t know what I was ury $6 billion last year, and the year tus, without a change in the rule, going to say, for a number of reasons. before it was $4 billion, and since 1955 which Interior is trying to put into Maybe I should say something about it has been $120 billion. They are not place, we will continue in this way— that first. opposed to sending their fair share, but lawsuit after lawsuit. And no one can Before you came here, you were a because the regulations are com- say—I mean, you would have to be born Governor, but I was a State treasurer plicated, they are difficult—the oil in- on another planet to say that oil com- and I managed a billion dollars that dustry is reorganizing itself, driven by panies would settle for over $2.5 billion

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10410 CONGRESSIONAL RECORD — SENATE September 16, 1998 if they had not been making a mistake The PRESIDING OFFICER. Under ceived a memo from the Independent on their royalty payments which they the previous order, the Senator from Producers Association of America that send to the taxpayers of this great Na- Texas is recognized for 25 minutes. represents the small independent oil tion. Mr. DOMENICI addressed the Chair. producers. And what they say is: ‘‘Per- I think the issue here is: Do we want The PRESIDING OFFICER. The Sen- centage of oil producers impacted by to continue in this way, which is what ator from New Mexico. proposed oil royalty rule—100 percent.’’ the rider does? It keeps us for another Mr. DOMENICI. Will the Senator Because everyone who is in this indus- 12 months, for a total delay of 15 from Texas permit me to use a minute try knows that whatever is the stand- months, in this way of litigation and off our time? ard for royalties on public lands is also lawsuit and aggravation and all the Mrs. HUTCHISON. Of course. the standard throughout the industry. rest. Mr. DOMENICI. Not off your time; So to say that we are only talking What we are saying with our amend- off the bill. about 5 percent of the large oil compa- ment is: It is time to change the way Mr. President, let me just say, imme- nies in America is absolutely untrue. we do things. And my friends are say- diately after Senator LANDRIEU spoke, We are talking about small producers, ing, ‘‘Oh, all we need to do is meet and I wanted to get up, but I did not time- independent producers, and we are we’ll fix it up,’’ and so on. ‘‘Everything ly, so Senator BOXER spoke. But I com- talking about marginal producers. will be fine. We know we can resolve mend her. I think she made a very brief Those are the ones that are drilling 15 this. We can negotiate it.’’ statement today, but I think it was barrels or less a day. They are oper- This rule started back in December right on point. For those who are look- ating at very low margins. With the oil of 1995. We are headed toward the end ing for a succinct wrap-up of what this prices at 11- and 12-year lows, they are of 1998. There were 14 pubic hearings, 5 issue is about, that 5 minutes is a very not even making a profit in many in- solicitations for comment, all sorts of good summary. stances. So we are affecting oil jobs in things, to resolve this matter. The The issue is whether the new set of our country. basic issue is this: Companies that sell rules is going to solve the problem of Now, it was said by the Senator from to their affiliates are paying a royalty litigation and of making things clear Illinois that the amendment delaying on a made-up price, a phantom price, and reasonable and easy to understand, the rule was put on an emergency sup- rather than paying it on the fair mar- or is it going to invite more litigation? plemental appropriations bill. That is ket price—which 95 percent of the oil And I think the industry, small and true. It was put on an emergency sup- plemental appropriations bill and companies are doing. large, come down on the side that it is Just 5 percent of the oil companies too complex, leaves too much to the passed by both Houses of Congress and are involved in this and will have to subjectivity of the Mineral Manage- signed by the President. The reason it pay a fair share. It is not the mom and ment Service, and has a number of was put on is because the Bureau of Mineral Management Services an- pop folks. It is a list here, a page and rules that are so arbitrary and onerous nounced they were going to finalize a a half long, compared to 34 pages long that this is not going to help us out of rule without going through the con- of those unaffected. Shell makes $29 the mess we are in. I am saying it my gressional process that they had been billion a year in total revenue, Exxon way; I think Senator LANDRIEU said it told they must do. There was no alter- $134 billion. We are talking about the her way. But before we are finished, we native but to immediately stop that. biggest corporations who, in fact, will talk about that some more. Otherwise, they were going to imple- themselves are admitting by settling I yield the floor. ment a rule without reporting to the all these myriad of lawsuits, that they The PRESIDING OFFICER. The Sen- ator from Texas is recognized. appropriate congressional committees. have not paid their fair share to the Of course, Congress exercised its pre- Mrs. HUTCHISON. Mr. President, I States or to the Federal Government. rogative to say no, that is not what we want to answer some of the arguments The PRESIDING OFFICER. The Sen- told you to do. After all, we do make that have been made earlier in the de- ator has used her 3 minutes. the laws and the policies of this coun- bate. First, it keeps being said that the Mrs. BOXER. I ask for 1 additional try. Raising taxes is the prerogative of oil companies are not paying their fair minute. Congress for a very good reason—be- share, that they are in lawsuits about The PRESIDING OFFICER. The Sen- cause we are accountable to the people. it, and that they have been settling the ator is recognized. If we are going to set the policies of Mrs. BOXER. Here is where we are. lawsuits and therefore they must be this country, we must consider many Here is the market price, the real guilty. All of this is totally separate things. We must consider jobs, we must price. You know, this is a capitalistic from the amendment before us today. consider crises, we must consider secu- There is a disagreement between the system. I am stunned by my friends on rity, how much of our oil needs to be the other side of the aisle. I used to be oil companies and several States about imported, is there a security issue in a stockbroker, so I know what supply how the valuations under the present our country. The reason that elected and demand means. A market price is regulation have been made. I want the representatives make policy is because supply and demand. It is the fair price. oil companies to pay their fair share. we are accountable. We look at other When the market price goes down, the So does the Senator from California, so factors such as how much of our oil we royalty payment goes down. When the does the Senator from New Mexico, so are importing, how many jobs are market price goes up, the royalty pay- does the Senator from Louisiana. going to be affected, and what is the ment goes up. These matters are in court, and they overall situation in the economy of our But they are not paying on the mar- will be settled in court. They have country. ket price, these 5 percent of the compa- nothing to do with the amendment be- I want to talk about the first part of nies who own their affiliates and sell to fore us today. In fact, as the Senator a policy decision that Congress con- their affiliates. They make up the price from New Mexico and the Senator from siders, and that is jobs. Oil prices are and they pay a royalty on that price. Louisiana have said, the oil royalty at a 12-year low in this country. I refer How would you like to be able to do valuation process is very complicated. to a chart for the jobs at risk in our that in your life? It is a pretty sweet The new MMS proposal is very com- country if we now raise the cost of deal; and it is wrong. I think that the plicated. In fact, I would make the case drilling on oil companies. Let’s take various States are saying, thank you that we do not change anything in the some examples: In California, 115,000 very much to the Minerals Manage- process as far as making it clear what jobs are at stake; in Missouri, 31,000 ment Service for moving forward. All is owed. It is just a matter of the Min- jobs are at stake; in Montana, over of them here are saying: We commend eral Management Service raising the 9,000; New Hampshire, over 3,000; New you. ‘‘The Minerals Management Serv- rates on oil companies at a time when Jersey, almost 30,000; Nevada, over ice must be complimented,’’ said Wyo- oil prices are at an all-time low. That 7,000; Ohio, 54,000; Pennsylvania, 48,000; ming’s Governor in 1997. Louisiana said is the issue. Texas, 253,000; Virginia, almost 30,000. it, Alaska said it. A second argument has been made Now, those are the jobs at stake. I withhold for the remainder of the that this only affects big oil compa- Let me just read to Members recent debate. nies. I would just say that I have re- articles that talk about the job layoffs

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10411 that are occurring right now because, vada said, ‘‘These are the best blue-col- my State of Texas, where they have of course, the industry is on its knees. lar workers in America,’’ and he was given tax relief to drill the marginal August 28, 1998: talking about gold prices being the wells which are less than 15 barrels a J. Ray McDermott, a builder of offshore lowest in years. I can make the same day in Texas. Or if someone goes in and petroleum platforms, has laid off 41 employ- arguments today. The Senate voted for unplugs a plugged well, they will get a ees in Houston [Texas], cutting about 10 per- keeping the mining industry intact tax break. Here is what that has done cent of that office’s staffing. yesterday. As Senator BUMPERS said, in Texas: 6,000 wells were returned to [McDermott] left open the possibility that he lost his argument. production; $1.65 billion came into the more layoffs could result if the oil market The same arguments apply today. We Texas economy; 10,000 direct and indi- remains in a slump. have oil prices at their lowest in 11 rect jobs were created every year; and August 29, 1998, Halliburton lays off years and we have the best blue-collar $22 million more went into the Texas 100: jobs in America. In fact, oil and gas treasury—$22 million by giving a tax The state of the oil industry is being jobs are among the highest paid in our break. Thirteen States have inactive blamed for the layoffs of about 100 employees economy. In Montana, for example, the well recovery programs that are doing at Halliburton Energy Services [in Okla- average oil and gas jobs pay $32,380 homa.] the same thing. compared to $20,500, which is the aver- Yet, the amendment before us today August 12, 1998: age of jobs in Montana. Every oil in- would go in exactly the opposite direc- Schlumberger laid off several hundred peo- dustry job creates an average of 2.3 tion. It would increase the amount ple in the second quarter and plans further service-related jobs. cuts, as falling oil prices lower demand for that the oil companies would have to This is a very important issue for pay, putting many of these small pro- its services and products. jobs in our country. As you can see, al- Schlumberger’s news comes as a number of ducers in jeopardy because that will be oil-field-service companies have been cutting most every State is affected. It not the industry standard, creating a loss staff in recent months. The industry is only creates jobs in the industry, but of jobs and, I submit, a loss in revenue. struggling with some of the lowest crude oil over two jobs in the service industry I have a chart that shows the eco- prices in 12 years. are related to oil production in our nomic effect of the abandonment of Oil and Gas Journal, August 3, 1998: country. What could be bad about that? marginal wells just in 1997. The lost Triton Energy Ltd., Dallas, laid off 65 em- Yet, we are talking about raising fees revenue to California was $45 million; ployees from its Dallas office as a part of a and taxes on the companies that are on Kansas, $24 million; Louisiana, $8 mil- corporate restructuring and cost-reduction their knees, with low prices, that are lion; New Mexico, $19 million; Okla- plan. The move cuts Triton’s Dallas staff by laying people off as we speak. It homa, $29 million; Texas, $97 million. more than one third. doesn’t make sense. These are lost revenues because mar- August 18, 1998: The other side has said, ‘‘We are los- ginal wells went under. They had to ing $5.5 million a month.’’ In fact, I Low prices particularly hurt small pro- plug the wells. This doesn’t even ad- ducers who rely on marginal, or stripper, thought Senator LANDRIEU made a very wells producing less than 10 barrels of oil a important point. We are talking about dress the lost jobs or the lost sales tax day. Some 74 percent of New Mexico’s 24,000 $6 billion in revenue to the Federal and revenue to these States. So I think we have the evidence that wells are considered marginal. State Governments, and they want to Some small producers have cut back or raising taxes is going to cost revenue tear it down, saying they are going to eliminated new drilling projects. . . . to the Federal Government, not raise add $5 million a month. You would Others have shut-in wells—stopping pump- revenue to the Federal Government, jeopardize a steady stream of revenue ing, a solution intended to be temporary but because so many of the wells in this which often results in permanent loss of pro- from an industry that is on its knees, country are marginal; they produce duction. that is shutting down wells as we Tom Dugan of Dugan Production Corp. in speak, to try to gain $5.5 million a under 15 barrels a day. So if they go Farmington [New Mexico], said, ‘‘Essentially month. Even if you thought you were under, these States are not going to our income has been cut in half within the going to get $5.5 million a month, you get more money for their school- last six or seven months.’’ children, they are going to get less. Dick Frank, the state Department of La- would have to assure that the companies are going to stay in business. That is what the amendment before us bor’s area director in Lea County [New Mex- would do. ico], said the unemployment rate in the oil If they go under, you are not going to rich county has been climbing, reaching 6.7 get $5.5 million a month; you could lose Let’s talk about another policy issue percent in June. $5.5 million a month, and those are jobs that Congress must address when we Oil and Gas Journal, July 20, 1998: that we now have in place. Why would increase taxes on an industry. We import over 50 percent of the oil that we An independent Petroleum Association of we jeopardize those and risk losing rev- Mountain States survey has found that the enue, when you hope they will stay in need in this country—the oil we need plunge in oil prices is forcing marginal well business and gain revenue? That is not to drive our cars to work, the oil we shut-ins in the U.S. Rocky mountains. Twen- a very good hope when the industry is need to operate our plants, the oil we ty producers have shut in more than 200 mar- on its knees. need to produce fuel for every home in ginal wells.... Let’s talk about the policy of raising America. Fifty percent is imported. Big U.S. Independent Union Pacific taxes. In fact, we have shown, both in This is a national security issue. It is Resources said it will slash its rig Congress and in 13 States, that low- an economic issue. count from 49 to 18 for the balance of ering the taxes on the oil and gas in- Does anybody remember what it was the year, further depressing an already dustry have actually increased reve- like when we had the severe oil short- shaking North America land rig mar- nues. In fact, the Congress passed the age several years ago and people had ket. Offshore Drilling Deep Water Royalty lined up for 5 hours to get gas for their Oryx Energy battened down the Relief Act in 1995. They gave tax relief, cars? They could not fill them up; they hatches, July 28, saying it will cut its they gave tax breaks, lowered taxes, to were limited. They were limited in the 1,000-worker payroll costs 20 percent, companies that would go out and do amount or the number of gallons they or $14 million a year, and sell another the expensive drilling in the water, es- could put in because we had an oil 35 million of properties in response to pecially the Gulf of Mexico. For doing shortage. continued weak oil prices. this, the Government has received $3.1 This country cannot depend on im- I think it is very important that we billion in bids on those leases in the ports if we are going to have control of look at the impact on people, on their gulf. This has created over 3,500 direct our own economy. How could we be families, their lives, on States that are jobs to manage the increased activity. talking about shutting down wells and not going to have sales tax revenue if In fact, it has created $3 billion in rev- causing our dependency to become people don’t have jobs in States that enue. So we have shown that when we greater? It does not make sense. It will have to start paying unemploy- lower revenue, we increase the amount would be highly irresponsible of this ment compensation because people that comes into the Federal Govern- Senate to do something that would don’t have jobs. ment. jeopardize every person driving a car in Yesterday, in the debate on the min- When we lower taxes, we increase this country, every plant that oper- ing bill, Senator Harry REID from Ne- revenue. This has been duplicated in ates, and every home that depends on

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10412 CONGRESSIONAL RECORD — SENATE September 16, 1998 oil or gas for its energy. We should not will have on consumers and their wallets and necessary for MMS and the industry to reach be even considering something so irre- vote to defeat the Boxer amendment. a fair and workable agreement on the rule, sponsible. Sincerely, benefiting both sides. MATT KIBBE, Here is a letter from the Citizens for I have letters of support from many Executive Vice President. organizations. I ask unanimous con- a Sound Economy: I write on behalf of the 250,000 members of sent that they be printed in the NATIONAL BLACK Citizens for a Sound Economy regarding the RECORD. CHAMBER OF COMMERCE, Boxer amendment to the Interior Appropria- There being no objection, the letters Washington, DC, June 10, 1998. Re Oil Royalties. tions bill.... Historically, the cost of this were ordered to be printed in the type regulation is passed on to the consumer Hon. KAY BAILEY HUTCHISON, in the form of higher prices for commodities. RECORD, as follows: U.S. Senate, CITIZENS AGAINST GOVERNMENT WASTE, Washington, DC. Of course, it makes sense that if we Washington, DC, September 10, 1998. DEAR SENATOR HUTCHISON: The member- are going to raise the rates that pro- Hon. ——— ———, ship of the NBCC wants to applaud you for ducers have to pay, it is going to raise U.S. Senate your courageous stand taken against the the price of every gallon of gas that Washington, DC. Minerals Management Services attempt to you buy at the pump. DEAR SENATOR: On behalf of the 600,000 totally control the method (or madness) of Specifically, the Boxer amendment cir- members of Council for Citizens Against collecting oil royalties. Your leadership is cumvents the authority of Congress to en- Government Waste, we respectfully ask you certainly pro-business and ensures us of a sure that agencies of the Federal Govern- to oppose any efforts in the Senate to strike continued prosperous economy. ment operate within the bounds of the law, the provision in the Interior Appropriations The cost of fuel is extremely influential in and it will have the ultimate effect of in- Bill that delays the implementation of a most levels of our economy and our competi- creasing the cost of oil and gas for every final crude oil valuation rule, unless a reso- tiveness in the global market. Any approach American. lution between MMS and industry can be in how we assess royalties is very critical to reached. The Minerals Management Service each and every one of us. Congress should This is in a letter from the National (MMS) proposed new oil valuation rules that certainly be involved as they truly represent Black Chamber of Commerce: would eventually raise taxes on producers. the people, not bureaucrats. The cost of fuel is extremely influential in The rulemaking effort has involved several Thank you for your strong position and most levels of our economy and our competi- revisions to the original proposal, but re- consider us your ally on this issue. tiveness in the global market. Any approach mains ambiguous, unworkable, and would Sincerely, in how we assess royalties is very critical to create even greater uncertainty and unneces- HARRY C. ALFORD, each and every one of us. Congress should sary litigation. President and CEO. certainly be involved as they truly represent Passage of this provision in the Interior the people, not bureaucrats. Appropriations Bill will provide the time PEOPLE FOR THE USA, This is from the People for the USA: Pueblo, CO, September 4, 1998. necessary for the MMS and the industry to The new rule proposed by MMS is far too reach a fair and workable agreement on the Hon.——— ———, U.S. Senate, complex and could lead to the loss of hun- rule, benefiting both sides. The taxpayers dreds of thousands of jobs in the energy in- have a vested interest in this issue, because Washington, DC. DEAR SENATOR: We understand that when dustry, where so many of our members are the rule proposed by the MMS would lead to employed.... an unnecessary administrative burden for the full Senate debates the Interior Appro- priations bill next week, there may be an ef- On behalf of the 25,000 members of our both the government and the private indus- grassroots People for the USA campaign, I try as auditors, accountants, and lawyers at- fort to remove the provision which prevents the Minerals Management Service (MMS) am respectfully asking you to resist any tempt to resolve innumerable disputes over such efforts to remove this provision. the correct amounts due. from issuing a new ruling on oil royalty valuations until Oct. 1, 1999. On behalf of the Mr. President, we are talking about Please take this opportunity to prevent 25,000 members of our grassroots People for the current proposed rule, which benefits no tax policy in this country. If you vote the USA campaign, I am respectfully asking one, from being implemented. We urge you for the amendment before us today, we you to resist any such efforts to remove this to oppose any amendment to strike the pro- are saying that the Mineral Manage- provision. vision for delay of final valuation rule in the ment Service can walk away from Con- We feel very strongly that this provision Interior Appropriations Bill as it reaches the will be critical to helping devise a royalty gress and the congressional intent and floor for debate in the full Senate this week. collection system that is truly fair to the congressional mandate that they re- It is my hope that you give this suggestion federal government and the oil industry. The port to us about any kind of fees or in- serious consideration. If I can be of further provision requires the MMS to take the time creases. assistance, please do not hesitate to contact to develop a more workable rule and not un- If they do this—and if we allow them me. dermine Congress by changing yet another to do this—we will shut down marginal Regards, law through bureaucratic regulation. wells throughout our country, which COUNCIL NEDD II, The new rule proposed by MMS is far too we have already seen happening be- Director, Government Affairs and Grassroots. complex and could lead to the loss of hundreds of thousands of jobs in the energy in- cause of the low prices. Thousands of CITIZENS FOR A SOUND ECONOMY, dustry, where so many of our members are people will be out of jobs. We will lose Washington, DC, September 11, 1998. employed. Please oppose any amendment revenue in our States and our Federal DEAR SENATOR: I write on behalf of the that would strip this provision out of the In- Government, hurting the school- 250,000 members of Citizens for a Sound terior Appropriations bill. Our members and children of our States when they are Economy regarding the Boxer amendment to their communities are counting on you. not able to have that income stream S. 2337, the Interior Appropriations bill. This Respectfully yours, that is now steady—$6 billion worth of amendment allows the Executive branch to JEFFREY P. HARRIS, steady income stream—which will be- Executive Director. operate unchecked in its efforts to legislate come shaky from marginal producers through regulation. Mrs. HUTCHISON. First is Citizens because they cannot make ends meet. Our members have long opposed the reck- Against Government Waste. In part, They are laying off people every day less regulating that is consuming some fed- they write: eral agencies. Historically, the cost of this because of the low price of oil. type regulation is passed on to the consumer On behalf of the 600,000 members of the This is not the time to raise prices. in the form of higher prices for commodities. Council for Citizens Against Government We should not let unelected bureau- Specifically, the Boxer amendment cir- Waste, we respectfully ask you to oppose any crats do it, and we should not jeop- cumvents the authority of Congress to en- efforts in the Senate to strike the provision ardize the energy independence of our sure that agencies of the federal government in the Interior Appropriations Bill that delays the implementation of a final crude country by allowing a bureaucracy to operate within the bounds of the law, and it raise taxes when that is the preroga- will have the ultimate effect of increase the oil valuation rule, unless a resolution between MMS and industry can be reached. tive of Congress. cost of oil and gas for every American. The Thank you. Mr. President, I thank appropriators have attempted to support The Minerals Management Service proposed sensible environmental policy through the new oil valuation rules that would eventu- Senator DOMENICI for his leadership, appropriations process. The Boxer amend- ally raise taxes on producers. along with the bipartisan group that is ment will reverse their sensible policies. They go on to say: trying to make sure we keep jobs and As the Senate considers S. 2337, I ask you Passage of this provision in the Interior energy independence and gasoline to consider the effect the Boxer amendment Appropriations Bill will provide the time pumps filled throughout our country.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10413 Mr. DOMENICI addressed the Chair. State, was down in a little office where cept within it that you are guilty until The PRESIDING OFFICER (Mr. his business was beginning. He begged proven innocent. There is, as I said be- ASHCROFT). The Senator from New me to come and see him. I went to see fore, a notion that producers will sell Mexico. him. And a grown man was on the cheaply to avoid a royalty. Why would Mr. DOMENICI. Mr. President, par- brink of falling apart. Whenever he anybody do that? I just explained that liamentary inquiry. How much time would talk, he would cry, because the to the Senate. does Senator BOXER have and how then-U.S. Government Energy Depart- There is extensive opportunity for much time do I have? ment had been told by Congress to en- second-guessing. The scourge of the The PRESIDING OFFICER. The time force some very vague rules about regulated is to have regulators second- remaining for Senator BOXER is 7 min- gouging. guess. That is the scourge. You have utes 15 seconds. The time remaining for Here comes auditors to that man’s one answer and you thought you were the Senator from New Mexico is 13 office. He can’t give them enough. abiding by it. But they second-guess it minutes 10 seconds. They come back month after month, and you get audited. And there is an- Mr. DOMENICI. Thank you. Mr. and his business is floundering. And other set of rules. These rules are un- President, I thank Senator BOXER for they want more information. They workable. One well, 10 different valu- agreeing to this unanimous consent. I want to go back further in time. They ation calculations for on-shore oil; one very much appreciate it for some per- want him to bring in his customers and well, 8 different valuation calculations sonal reasons. let them talk to the enforcing agency for off-shore. I ask unanimous consent that when about the various arrangements. For whatever has been said here all debate time is consumed, or yield- I pledged to him right then that, not today about who we are working for in ed, that the amendment be set aside knowing the facts, I would see that he opposing the Boxer amendment, actu- until the hour of 5:50; and, at that was treated fairly. He was. He suc- ally what I believe is happening is we time, there be 10 minutes for debate for ceeded in getting around that, and is are saying to a bureaucracy of the U.S. closing remarks prior to the vote on surviving, as I have just indicated, Government that we have had a good the motion to table the Boxer amend- bountifully. view of how you make rules, we think ment. Mr. President, what we don’t want to you are doing it in an unreasonable The PRESIDING OFFICER. Is there let happen is we don’t want a new set manner, and we would like you to do it objection? Without objection, it is so of regulations that permit a bureauc- better, so we are not going to give you ordered. racy, however much we must rely on any money to enforce what you have Mr. DOMENICI. Mr. President, since them—the MMS—to go into American proposed to do. I have considerably more time than the energy producers in the manner that I Essentially, all the arguments have distinguished Senator from California, have just described for my good friend been made about how important gas I would like to make a few remarks down in Artesia, NM. and oil production is for our Nation. and then save a few minutes for Sen- I contend that is what is going to We understand that. But this is not an ator GORTON, the manager of the bill. happen, because, pursuant to congres- issue about anybody cheating. It is an Mr. President, fellow Senators, first sional requests, some of us, Democrats issue about whether a new set of rules of all, there has been a lot of talk and Republicans, sat down at the table is better than the old ones when we about lawsuits that are out there that with the MMS and the industry. And it firmly believe they are not. have been going on for years on end. is absolutely a cinch based upon the I reserve the remainder of my time. Essentially, fellow Senators, the rea- disagreements that occurred around Mrs. BOXER. Mr. President, how son that a new set of regulations and that table and the failure on the part much time do I have? rules were supposed to be adopted was of the MMS to consider what many of The PRESIDING OFFICER. The Sen- so we wouldn’t have all of that litiga- us thought to be a very reasonable re- ator from California is recognized for 7 tion; so that we have a more clear-cut quest; that if we let these get adopted, minutes 15 seconds. definition of what is market value for we haven’t seen anything yet with ref- Mrs. BOXER. I would like to ask my oil and gas, rather than leave so much erence to tying up this money in litiga- friend if it is OK if when we come back to subjectivity, to arguments and dis- tion and arguments. As a matter of I close the debate with 5 minutes. putes. fact, there is even a position in these Would that be all right with the Sen- Let me suggest, if that is the case, new rules where the MMS can actually ator from New Mexico? that I can almost promise the U.S. contend that a company would sell Mr. DOMENICI. We each get 5 min- Senate that if the rules that the Min- below market value to avoid the 12.5- utes. Mrs. BOXER. Yes. I would like to erals Management Service is proposing percent royalty. Does that make sense close. I ask unanimous consent that I to adopt are adopted that they will all to anyone? When you sell below mar- get to close the debate. be back in court over and over again, ket and give something away, you are Mr. DOMENICI. When we do our 5 because they are unintelligible. They giving away 12.5 percent to the Govern- minutes each. leave many opportunities for the Min- ment, but you are keeping 87.5 percent Mrs. BOXER. Yes. erals Management Service to second- of your own money. Right? But there is Mr. DOMENICI. Of course. guess. They leave at times many oppor- something in here to make sure they Mrs. BOXER. I thank the Senator so tunities to go back in an audit and don’t sell below market. There are so much. I just want to say to my friends, even undo the market value as deter- many nuances. I am not sufficiently Senator DOMENICI and Senator GORTON, mined by a company upon the advice of expert. Again, I think I know when I again, how much I appreciate their people from the MMS. see something that isn’t going to work. courtesies. This is a very important Mr. President, when I was a Senator Let me conclude. Industry is not to issue. in the middle of the Iranian-prompted blame for the current rule. The MMS Mr. President, I ask if you would ad- crisis where we had lines—Senator wrote it. All producers are affected by vise me when I have 2 minutes remain- HUTCHISON’s statement was that they it—not 5 percent. Under current law, ing. even shot at each other in New York in MMS can collect the royalties that are The PRESIDING OFFICER. The one of those lines early in the morning fair market value. Nothing is stopping Chair will advise the Senator when she because somebody thought one car was them. Anybody thinking we are going has used all but 2 minutes of her time. moving ahead of them. You might have to stop collecting royalties is mis- Mrs. BOXER. Mr. President, I have been Governor, I say to the occupant of taken. We are going to keep on col- really enjoyed this debate. I was saying the Chair, when that happened. You lecting them under a set of rules that to Senator GORTON I thought it was may remember that. are very unreasonable and com- very important to have it because During that period of time, a gen- plicated. But why substitute another when it was raised in committee, it tleman in my State, who is currently set that we think is going to do equally was a truncated debate. This has given one of the most successful and mar- as bad and maybe move even more ar- us a chance to really show both sides. velous businessmen in the retail mar- bitrarily against the producers of en- I think another reason I have enjoyed keting of oil and gas products in my ergy in this country? There is a con- the debate is because it goes to the

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10414 CONGRESSIONAL RECORD — SENATE September 16, 1998 heart and soul of why I want to be in Now, I showed before, I think, the this is going to be a tax on the Amer- the Senate; and that is to look out for most telling chart of all. Mr. President, ican people by increasing the cost of real people, the real people who make this is where we are. The oil companies their gasoline, or it is going to increase this country go, who get up every day sign a lease with us, the American peo- our dependence on foreign oil and drive and go to work and save to get a car ple, promising to pay rent, in essence, American producers out of business. I and hopefully save to get a condo- for drilling on Federal lands. It is sup- think that conclusion is absolutely in- minium or a home and to get the posed to be based on market price, and evitable. I think that is a policy deci- American dream. here you see with ARCO in the west sion that should be made by the Con- I think there is another part of that Texas market, the market price very gress of the United States and not by American dream that sometimes gets clearly shown and the ARCO posted an obscure Federal agency, and for overlooked, and that is our heritage; price, which is their, in essence, made- that reason I oppose the amendment. that we have much more as Americans up price. Mr. DOMENICI. Mr. President, I send than our personal possessions, impor- The PRESIDING OFFICER. The Sen- a letter to the desk and ask unanimous tant though they are. We own the ator has 2 minutes remaining. consent it be printed in of the RECORD parks. We own the waters, the coastal Mrs. BOXER. I thank you, Mr. Presi- from the Revenue Department of New waters. And others cannot destroy dent. I will take another 30 seconds and Mexico indicating they support the oil those because they belong to us. withhold. What we are going after is moratorium. I think it is important for us to note this difference. We think the taxpayers There being no objection, the letter that we are talking about the most deserve to have the fair royalty pay- was ordered to be printed in the powerful oil companies—5 percent of ment paid. That is why I raise this RECORD, as follows: oil companies, some of which make in issue. STATE OF NEW MEXICO, the many billions of dollars. And I I will reserve the remainder of my TAXATION AND REVENUE DEPARTMENT, pointed this out before. For example, time to close this debate. Santa Fe, NM, July 20, 1998. Exxon, in 1996, generated $134 billion in Mr. DOMENICI. I yield 3 minutes to Hon. PETE DOMENICI, U.S. Senate, revenue from oil and gas. And the vast Senator GORTON and the remaining majority of the oil companies impacted Washington, DC. time to Senator GRAMM of Texas. DEAR SENATOR DOMENICI: Thank you for by this rule are huge. The impact on The PRESIDING OFFICER. The Sen- giving me the opportunity to comment on Exxon, for example, would be one one- ator from Washington. your appropriation rider placing a morato- hundredth of 1 percent of their rev- Mr. GORTON. I have been in the rium on MMS oil valuation regulations. enue. Chamber through most of this debate After careful consideration, we have deter- My friend from Texas says that is as I am the manager of the bill under mined that the moratorium would allow going to cause a disaster. Well, the one discussion now. I believe that I am the MMS and the industry more time to reach a good thing about royalty payments, as consensus, therefore we are in favor of the only one, at least on this side of the moratorium. they are owed to the hard-working issue, who has no immediate con- If I can be of further assistance, please con- Americans of this country, because it stituent interest in the subject. But I tact me. is, in fact, oil drilled on their land do have certain observations from lis- Sincerely, which they own, that we all own as tening to the debate on the part of oth- JOHN J. CHAVEZ, Americans, is that the royalty payers. Secretary. ments go down with the price of oil. So The Senator from Oklahoma, Mr. The PRESIDING OFFICER. The Sen- it is very fair. And here you see, again, NICKLES, mentioned at one point that ator from Texas is recognized. the lease that is signed by the oil com- the Minerals Management Service had Mr. GRAMM. I congratulate my col- panies wherein they promise to pay a said that this was a revenue-neutral leagues, especially my dear colleague fixed royalty which is a percentage of proposal, although in fact it seems not from New Mexico and my fellow Sen- the value of the production, and there- to be that case. The proponents of this ator from Texas, for doing an out- fore when oil prices are up, the Amer- amendment emphasize that there is a standing job. I think anybody who has ican people get more. It is a rent that lot of money involved here for schools listened to the debate, and who started is basically paid on a floating basis de- and for parks and for other purposes. the debate with an open mind that was pending on the market price of oil. It occurs to me that if this is a de- not totally empty, would conclude that Now, my friend from New Mexico, for bate over revenues to the Federal Gov- you are right and this amendment whom I have the greatest respect and ernment, we are in effect talking about should be tabled. My opposition to the amendment is admiration, says it is very complicated a tax, a tax on certain companies en- very simple. Congress should make de- to figure out what is the market price gaged in the oil business. And if we are cisions about collecting fees and im- of oil. And as I said before, I was a speaking about a tax, it seems to me posing taxes. Article I, section 8, clause stockbroker in a former life, and I we ought to be deciding that question 1 of the Constitution says, ‘‘The Con- know that oil prices are posted and here in the Congress of the United gress shall have the power to lay and listed every day. I would place into the States. Under our Constitution, taxes collect taxes, duties, imposts and ex- RECORD this publication, ‘‘Platts Oil are not levied by regulatory agencies of cises.’’ Price Report.’’ If you look at it, you the Government. They are determined will see every single day, every single We should not be granting our con- and they are levied by the Congress. stitutional powers to faceless bureau- market. The market price listed here If, in fact, this amendment will reflects the price of oil. So when my crats who have agendas that may not produce tens of millions of dollars for reflect the will of the American people. colleague worries that the Interior De- various governmental purposes, then it partment is off on the wrong track, I If our colleagues wanted to mandate by is inevitable that someone is going to law that we raise royalty fees, that would say I agree with the New Mexico pay for those purposes. One of two Tax Revenue Department which said: would be one thing. But to simply set a things is going to happen, it seems to process in place where bureaucrats are The MMS should be commended for the ef- me. And one of my colleagues can cor- fort they have made in developing oil valu- going to effectively raise taxes, I rect me if I am wrong. Either it will be think, is fundamentally wrong. So I ation regulations that are fair to all inter- reflected in the price of gasoline and ested parties. They should also be com- want to urge my colleagues to reject mended for recognizing an issue and fol- other petroleum products that every this amendment, and I want to espe- lowing through with it to resolution, in an consumer in the United States pays cially congratulate those who I believe environment where litigation abounds, un- and will be in effect an increase in the have made an excellent case in opposi- founded criticism is made public and polit- gas tax, or if these companies can sim- tion to the amendment. ical mechanisms are used to mandate posi- ply import more and produce less do- I reserve the remainder of my time. tions. mestically, it will simply drive Amer- Mrs. BOXER addressed the Chair. You cut through that and what they ican producers out of business because The PRESIDING OFFICER. The Sen- are saying is very clear, that the MMS their cost of business will be increased. ator from California is recognized. is, in fact, working hard to come up But one of those two consequences Mrs. BOXER. There is little time re- with a solution to this problem. seems to me to be inevitable. Either maining. I just want to say again what

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10415 the USA Today editorial said, because The PRESIDING OFFICER. The Daschle Inhofe Murray I think it sums it up beautifully and it clerk will call the roll. DeWine Inouye Nickles Dodd Jeffords Reed doesn’t come up with the same conclu- The assistant legislative clerk pro- Domenici Johnson Reid sion that the Senator from Texas, Mr. ceeded to call the roll. Dorgan Kempthorne Robb GRAMM, comes up with. It comes up Mr. DASCHLE. Mr. President, I ask Durbin Kennedy Roberts Enzi Kerrey with another conclusion, and that is, unanimous consent that the order for Rockefeller Faircloth Kerry Roth ‘‘Industry’s effort to avoid paying full Feingold Kohl the quorum call be rescinded. Santorum Feinstein Kyl fees hurts taxpayers and others.’’ Mr. GORTON. Objection. Sarbanes Ford Landrieu Since 1920 when Congress passed the The PRESIDING OFFICER (Mr. Smith (NH) Mineral Leasing Act, the MMS has Frist Lautenberg THOMAS). Objection is heard. Glenn Leahy Smith (OR) been acting to set the rules that guide Snowe The assistant legislative clerk con- Gorton Levin the payments of royalties. So, now, all Graham Lieberman Specter tinued to call the roll. of a sudden we have a move to say this Gramm Lott Stevens Mr. LOTT. Mr. President, I ask unan- Grams Lugar Thomas is wrong. I think is kind of interesting, Grassley Mack Thompson all of a sudden it is wrong, something imous consent that the order for the quorum call be rescinded. Gregg McCain Thurmond that has been in place since 1920. This Hagel McConnell Torricelli is what the MMS is supposed to do. So Mr. DORGAN. Mr. President, I ob- Harkin Mikulski Warner I think this editorial really says it. ject. Hatch Moseley-Braun Wellstone The PRESIDING OFFICER (Mr. Hutchinson Moynihan Wyden Imagine being able to compute your Hutchison Murkowski own rent payments and grocery bills, SANTORUM). Objection is heard. giving yourself a 3 percent to 10 per- The legislative clerk resumed the NAYS—1 cent discount off the market price. call of the roll and the following Sen- Breaux Over time, that would add up to really ators entered the Chamber and an- NOT VOTING—5 big bucks. And imagine having the po- swered to their names: Bumpers Hollings Shelby litical clout to make sure that nothing [Quorum No. 3] Helms Sessions threatened to change that cozy ar- Allard Frist Leahy The motion was agreed to. rangement. Ashcroft Gorton Lott The PRESIDING OFFICER. With the And they basically say, ‘‘Taxpayers Baucus Gramm Lugar addition of Senators voting who did have been getting the unfair end of this Bond Gregg McCain Boxer Hagel McConnell not answer the quorum call, a quorum deal for far too long.’’ Burns Harkin Mikulski is now present. Mr. President, I say to Senators, we Conrad Hutchinson Murkowski have an opportunity to end this cozy Craig Inhofe Reed The majority leader. deal today. I know some of my col- Daschle Jeffords Roberts Domenici Kempthorne Santorum f leagues feel they need more time, they Dorgan Kennedy Smith (OR) want to work on a more fair way to Faircloth Kyl Warner DEPARTMENT OF THE INTERIOR collect these royalties. I cannot imag- AND RELATED AGENCIES APPRO- The PRESIDING OFFICER. A ine, as someone who knows supply and PRIATIONS ACT, 1999 quorum is not present. The clerk will demand—I am an economics major, I call the names of absent Senators. The Senate continued with the con- was a stockbroker—it is pretty simple. Mr. LOTT. Mr. President, I move to sideration of the bill. You have the market price. Pay the Mr. LOTT. Mr. President, the Senate royalty based on the market price. instruct the Sergeant at Arms to re- has been on this Interior bill now for 6 This is a capitalistic system. We do not quest the attendance of absent Sen- session days and has not really have industry executives sitting in and ators. scratched the surface of the bill. This deciding what the market price is in Mr. President, I ask for the yeas and is the 11th appropriations bill that the the dead of night in the back of their nays. Senate has considered in preparation corporate headquarters. These 5 per- The PRESIDING OFFICER. Is there a for the end of the fiscal year, which is cent of oil companies, the oil giants, sufficient second? September 30. are the ones who are getting away with There is a sufficient second. Members will recall last week we thievery. Let’s end it now. Support this The yeas and nays were ordered. spent most of our time on the cam- amendment. The PRESIDING OFFICER. The I yield the floor. question is on agreeing to the motion paign finance reform issue. This week Mr. GORTON addressed the Chair. of the Senator from Mississippi. there have been farm amendments as The PRESIDING OFFICER. The Sen- The yeas and nays have been ordered. well as other amendments that are un- ator from Washington is recognized. The clerk will call the roll. related to Interior that are waiting in Mr. GORTON. Mr. President, has all The legislative clerk called the roll. the wings. It looks like it will be very time now been used on this amend- Mr. NICKLES. I announce that the hard to keep focused on the Interior ment? Senator from North Carolina (Mr. appropriations bill itself and get it The PRESIDING OFFICER. All but 8 HELMS), the Senator from Alabama completed. And, of course, that will af- seconds. (Mr. SESSIONS), and the Senator from fect the next two appropriations bills. Mr. GORTON. We yield back that 8 Alabama (Mr. SHELBY) are necessarily AMENDMENT NO. 3581 seconds. I offered a consent agreement to de- What now is the order before the Sen- absent. bate the pending amendment for 2 ate? Mr. FORD. I announce that the Sen- hours. That is the amendment that The PRESIDING OFFICER. The ator from Arkansas (Mr. BUMPERS) and amendment is set aside until 5:50, at the Senator from South Carolina (Mr. Senator DASCHLE offered, with no ac- which time there will be 10 minutes HOLLINGS) are necessarily absent. tion occurring, and then lay aside the equally divided between the parties for The PRESIDING OFFICER (Mr. amendment to consider a Kempthorne debate. INHOFE). Are there any other Senators amendment relative to the Endangered Species Act. I understand some discus- AMENDMENT NO. 3581 in the Chamber who desire to vote? sions are still going back and forth on Mr. GORTON. Then what is the mat- The result was announced—yeas 94, ter before the Senate at this point? nays 1, as follows: the ESA amendment. That agreement The PRESIDING OFFICER. The mat- [Rollcall Vote No. 270 Leg.] has not been worked out and there are various reasons that it has been ob- ter before the Senate at this time is YEAS—94 jected to. the Daschle amendment to S. 2237. Abraham Bond Cleland Mr. DASCHLE addressed the Chair. Akaka Boxer Coats Therefore, I ask for the yeas and nays on the pending amendment, 3581. f Allard Brownback Cochran Ashcroft Bryan Collins The PRESIDING OFFICER. Is there a QUORUM CALL Baucus Burns Conrad sufficient second? Bennett Byrd Coverdell Mr. GORTON. Mr. President, I sug- Biden Campbell Craig There is a sufficient second. gest the absence of a quorum. Bingaman Chafee D’Amato The yeas and nays were ordered.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10416 CONGRESSIONAL RECORD — SENATE September 16, 1998 CHILD CUSTODY PROTECTION Hagel Kerry Rockefeller vironment and natural resources has Harkin Lautenberg Roth ACT—MOTION TO PROCEED Inhofe Leahy Santorum grown—as has the desire to recycle and Mr. LOTT. I now call for regular Inouye Lott Specter reuse. You may be surprised to learn Kempthorne Mack Stevens that one major environmental statue order with respect to the child custody Kennedy Reed Torricelli bill. actually creates an impediment to re- The PRESIDING OFFICER. Pending The PRESIDING OFFICER. A cycling. Superfund has created this im- is a motion to proceed postcloture. quorum is not present. The clerk will pediment, although unintended by the Is there further debate? call the names of absent Senators. law’s authors. Mr. LOTT. Mr. President, our man- Mr. LOTT. Mr. President, I move to Because of the harm that is being ager is on his way to proceed with this. instruct the Sergeant at Arms to re- done to the recycling effort by the un- quest the attendance of absent Sen- intended consequence of law, the dis- f ators, and I ask for the yeas and nays. tinguished Minority Leader, Mr. The PRESIDING OFFICER. Is there a DASCHLE, and I introduced The Super- QUORUM CALL sufficient second? fund Recycling Equity Act (S. 2180). Mr. LOTT. I suggest the absence of a There is a sufficient second. This bill removes Superfund’s recy- quorum. The yeas and nays were ordered. cling impediments and increases Amer- The PRESIDING OFFICER. The The PRESIDING OFFICER. The ica’s recycling rates. clerk will call the roll. question is on agreeing to the motion We had one and only one purpose in The legislative clerk proceeded to of the Senator from Mississippi. The introducing the Superfund Recycling call the roll. yeas and nays have been ordered. The Equity Act—to remove from the liabil- Mr. KENNEDY. Mr. President, I ask clerk will call the roll. ity loop those who collect and ship unanimous consent that the order for The assistant legislative clerk called recyclables to a third party site. The the quorum call be rescinded. the roll. bill is not intended to plow new Super- Mr. GORTON. I object. Mr. NICKLES. I announce that the fund ground, nor is it intended to re- The PRESIDING OFFICER. Objec- Senator from North Carolina (Mr. vamp existing Superfund law. That tion is heard. HELMS) is necessarily absent. task is appropriately left to com- The legislative clerk continued with Mr. FORD. I announce that the Sen- prehensive reform, a goal that I hope is the call of the roll. ator from South Carolina (Mr. HOL- achievable in the 106th Congress. Mr. DORGAN. Mr. President, I ask LINGS) is necessarily absent. While the bill proposes to amend unanimous consent that the order for The result was announced—yeas 97, Superfund, Mr. President, it is really a the quorum call be rescinded. nays 1, as follows: recycling bill. Recycling is not disposal Mr. GORTON. Objection. [Rollcall Vote No. 271 Leg.] and shipping for recycling is not ar- ranging for disposal—it is a relatively The PRESIDING OFFICER (Ms. COL- YEAS—97 LINS). Objection is heard. The clerk simple clarification, but one that is Abraham Feingold Mack necessary to maintain a successful re- will continue the call of the roll. Akaka Feinstein McCain The assistant legislative clerk con- Allard Ford McConnell cycling effort nationwide. Without this tinued with the call of the roll. Ashcroft Frist Mikulski clarification, America will continue to Mr. DORGAN. Mr. President, I ask Baucus Glenn Moseley-Braun fall short of its recycling goal. Bennett Gorton Moynihan unanimous consent that the order for Biden Graham S. 2180 was negotiated in 1993 between Murkowski representatives of the industry that re- the quorum call be rescinded. Bingaman Gramm Murray Bond Grams Mr. GORTON. I object. Nickles cycles traditional materials—paper, Boxer Grassley Reed glass, plastic, metals, textiles and rub- The PRESIDING OFFICER. Objec- Brownback Gregg tion is heard. Bryan Hagel Reid ber—and representatives of the Envi- The assistant legislative clerk con- Bumpers Harkin Robb ronmental Protection Agency, the De- Burns Hatch Roberts partment of Justice, and the national tinued with the call of the roll. Byrd Hutchinson Rockefeller Mr. KENNEDY. Mr. President, I ask Campbell Hutchison Roth environmental community. Similar unanimous consent that the order for Chafee Inhofe Santorum language has been included in virtually the quorum call be rescinded. Cleland Inouye Sarbanes every comprehensive Superfund bill Coats Jeffords Sessions since 1994. In fact, the original agree- The PRESIDING OFFICER (Mr. Cochran Johnson Shelby FAIRCLOTH). In the Chair’s capacity as Collins Kempthorne Smith (NH) ment, upon which the bill is based, has the Senator from North Carolina, I ob- Conrad Kennedy Smith (OR) remained intact for five years. With ject. Coverdell Kerrey Snowe over 40 Senate cosponsors, support for Craig Kerry Specter The legislative clerk continued with D’Amato Kohl the bill has been both extensive and bi- Stevens partisan. The companion House bill has the call of the roll. Daschle Kyl Thomas DeWine Mr. LOTT. Mr. President, I ask unan- Landrieu Thompson almost 300 co-sponsors. Dodd Lautenberg Thurmond Mr. President, since Senator imous consent that the order for the Domenici Leahy Torricelli quorum call be rescinded. Dorgan Levin DASCHLE and I introduced S. 2180, some Warner Mr. DORGAN. Mr. President, I ob- Durbin Lieberman have argued that we should not ‘‘piece- Enzi Lott Wellstone meal’’ Superfund. They argue that ject. Faircloth Lugar Wyden The PRESIDING OFFICER (Mr. BEN- every part of Superfund should be held NETT). The Senator objects to the NAYS—1 together tightly, until a comprehensive quorum call being rescinded? Breaux approach to reauthorization is found. I generally agree that keeping pop- Mr. DORGAN. I object. NOT VOTING—2 ular, non-controversial provisions in an The PRESIDING OFFICER. Objec- Helms Hollings tion is heard. The clerk will continue omnibus bill makes the more con- The motion was agreed to. to call the roll. troversial provisions easier to swallow. The assistant legislative clerk con- f And given the broad-based support for the recycling piece across both parties, tinued with the call of the roll, and the MORNING BUSINESS following Senators entered the Cham- some think it should be held as a ber and answered to their names: (During today’s session of the Sen- ‘‘sweetener’’ for some of the more dif- ate, the following morning business ficult issues. Superfund’s five-year his- [Quorum No. 4] was transacted.) tory suggests, however, that the recy- Abraham Campbell Enzi Akaka Chafee Faircloth f cling provisions—as sweet as they are— Baucus Coats Feingold have done little, if anything, to help Bennett Collins Ford SUPERFUND RECYCLING EQUITY move a comprehensive Superfund bill Boxer Daschle Frist ACT forward. Rather, ‘‘sweeteners’’ like Breaux Dodd Gorton Bryan Dorgan Gramm Mr. LOTT. Mr. President, over the brownfields and municipal liability are Byrd Durbin Gregg past three decades, concern for our en- what keep all parties at the table.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10417 Holding the recyclers hostage to a should accept this delicately crafted thrilled Chicago and baseball fans ev- comprehensive bill has not helped re- product. erywhere by passing the marks set by form Superfund, and continuing to hold S. 2180 shows Congress’ commitment Babe Ruth and Roger Maris and total- them hostage will not ensure action in to protect and increase recycling. ing 62. Ken Griffey, Jr., now leads the the future. What it does ensure is that S. 2180 repeats what we all know and American League with 52 homers, mak- recycling continues to be impeded and support—that continued and expanded ing this first season in major league fails to attain our nation’s goals. recycling is a national goal. baseball history in which three players Mr. President, this recycling fix is S. 2180 removes impediments to have hit as many as 50 home runs. minuscule compared to the over- achieving this goal, impediments Con- Unfortunately, the Senate confirma- whelming stakeholder needs regarding gress never intended to occur. tion total is stalled at 39. As recently Superfund in general, but so significant Mr. President, the 40+ Senators who as 1994, the last year in which the Sen- for the recycling industry itself. It is have already co-sponsored this bill rec- ate majority was Democratic, the Sen- easy to see why this bill has achieved ognize the need to amend Superfund for ate confirmed 101 judges. It has taken such widespread bi-partisan support the very important purpose of increas- the Republican Senate three years to among our colleagues. ing recycling in the public interest. reach the century mark for judicial S. 2180 address only one Superfund Let’s act this year. confirmations—to accomplish what we did in one session. As Chief Justice issue—the unintended consequence of f law that holds recyclers responsible for Rehnquist correctly observed in his TRIBUTE TO VIVIAN DUBREUIL the actions of those who purchase their year-end report last year: ‘‘The Senate goods. Mr. LOTT. Mr. President, a con- confirmed only 17 judges in 1996 and 36 Therefore, S. 2180 does not address stituent of mine, Vivian Dubreuil from in 1997, well under the 101 judges it con- the very contentious and important Jackson, MS, passed away this morn- firmed in 1994.’’ issues of cleanup standards or natural ing. Vivian worked for Senator Jim The Senate has not even kept up resource damages. Eastland for more than 22 years. She with normal attrition over the past It does not deal with orphan shares also worked for the Secretary for the two years, let alone made a real dif- or municipal liability. The goal of this Majority’s Office and the Secretary of ference in filling longstanding judicial bill is to remove the liability facing re- the Senate. After a long and successful vacancies. Both the Second Circuit and cyclers, not to establish who should be career in the Senate, she retired to the Ninth Circuit have had to cancel responsible for those shares if the unin- care for her mother in Jackson. She hearings due to judicial vacancies. tended liability is removed. was very much a lady who performed Chief Judge Winter of the Second Cir- It does not deal with municipal li- many kindnesses for all who came in cuit has had to declare a circuit emer- ability specifically, but if municipali- contact with her. She will be missed by gency and to proceed with only one cir- ties ship materials for recycling, they her friends here in Washington and her cuit judge on their 3-judge panels. Re- would be treated the same as any other family and friends in Jackson. cently, he has had to extend that cer- recycler. Thus, municipalities are pro- tification of emergency. f Yet in spite of that emergency, the vided some relief under S. 2180 for recy- JUDICIAL NOMINATIONS Senate continues to stall the nomina- cling transactions. tion of Judge Sonia Sotomayor to the It does not deal with owner/operator Mr. LEAHY. Mr. President, I join Second Circuit. Her nomination has liability because such liability was in- baseball fans everywhere in congratu- been stalled on the Senate calendar for tended by Superfund. Any changes in lating Mark McGwire of the Cardinals over six months. Chief Judge Winter’s owner/operator liability should be con- and Sammy Sosa of the Cubs on almost recent annual report noted that sidered within the context of com- ready breaking the single season home the Circuit now has the greatest back- prehensive Superfund reform. run record this year. I hope that the log it has ever had, due to the multiple Likewise, issues of relief for genera- House will soon pass the bill that we vacancies that have plagued that tors who ship for disposal, rather than named for another extraordinary man, court. who once wore number 21 for the Car- for recycling, are not addressed by S. For a time Judge Sotomayor’s nomi- dinals. Coincidentally, Curt Flood wore 2180. Waste disposal—indeed proper, en- nation was being delayed because some vironmentally sound waste disposal—is number 21, which is Sosa’s uniform feared that she might be considered as a basic tenet of Superfund. Reforms number, and played for the Cardinals, a possible replacement for Justice Ste- should be considered within the con- which is the team for which McGwire vens, should he choose to resign from text of comprehensive Superfund revi- now plays. The Curt Flood Act, to end the Supreme Court. Perhaps now that sions. what is left of baseball’s antitrust ex- the Supreme Court term has ended and Senator DASCHLE and I have heard emption has passed the Senate and is Justice Stevens has not resigned, the from various parties who want to add awaiting action by the House. Base- Senate will proceed to consider her minor provisions outside the scope of ball’s resurgence is being fueled by the nomination to the Second Circuit on the bill. Although many have presented outstanding efforts of a number of its merits and confirm her without ad- interesting and often compelling argu- players should be aided by enactment ditional, unnecessary delay. ments, I find that none of these parties of our legislation. When confirmed she will be only the has been able to demonstrate the broad I came to the Senate floor in early second woman and second judge of base of support that has made the July to note the possibility that the Puerto Rican descent to serve on the Superfund Recycling Equity Act so single-season record for home runs Second Circuit. Just as Sammy Sosa is unique. No group has been able to dem- might be broken this year. I noted that a source of great pride to the Domini- onstrate the support of the broad- at this year’s All-Star break, Mark can Republic and to Latin players and based, truly non-partisan group that McGwire had 37 homers, Ken Griffey, fans everywhere, Judge Sotomayor is a has long recognized the need for recy- Jr. 35 and Sammy Sosa 33, as they source of pride to Puerto Rican and cling reform. I will continue to ask headed toward Roger Maris’ record 61. I other Hispanic supporters and to that any party wishing to enlarge the urged the Senate to find inspiration in women everywhere. narrow focus of S. 2180 show support on the outstanding seasons that these and Judge Sonia Sotomayor is a qualified both sides of the aisle, as well as from other players and teams were having nominee who was confirmed to the the Administration and the environ- and to improve the Senate’s effort in United States District Court for the mental community. meeting its responsibilities with re- Southern District of New York in 1992 Mr. President, much time, energy spect to judicial vacancies. after being nominated by President and expertise went into crafting an I went on to compare the Senate’s Bush. She attended Princeton Univer- agreement where few thought it was pace in confirming much-needed fed- sity and Yale Law School. She worked possible. That agreement has been eral judges to Mark McGwire’s home for over four years in the New York maintained through three separate run pace. It is time for an update. District Attorney’s Office as an Assist- Congresses where all sorts of attempts Today, McGwire’s season total stands ant District Attorney and was in pri- to modify it have failed. Congress at 63. Over the weekend Sammy Sosa vate practice with Pavia & Harcourt in

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10418 CONGRESSIONAL RECORD — SENATE September 16, 1998 New York. She is strongly support by I have urged those who have been has received no attention since I intro- Senator MOYNIHAN and Senator stalling the consideration of the Presi- duced it over a year ago. Had those ad- D’AMATO. dent’s judicial nominations to recon- ditional judgeships been created, as Ironically, it was Judge Sotomayor sider and work to fulfil this constitu- they were in 1984 and 1990 under Repub- who issued a key decision in 1995 that tional responsibility. Those who delay lican Presidents, current judicial va- brought an end to the work stoppage in or prevent the filling of these vacan- cancies would number 127 and total al- major league baseball. If only the cies must understand that they are de- most 14 percent of the federal judici- breaking of the single season home run laying or preventing the administra- ary. record could signal the end of the work tion of justice. Courts cannot try cases, No one should take comfort from the stoppage in the Senate with respect to incarcerate the guilty or resolve civil number of confirmations achieved so her nomination. disputes without judges. far this year. It is only in comparison Instead of sustained effort by the The federal judiciary’s workload was to the dismal achievements of the last Senate to close the judicial vacancies at least 60 percent lower than it is two years that 39 confirmations could gap, we have seen extensive delays con- today when the Reagan-Bush adminis- be seen as an improvement. The Presi- tinued and unexplained and anonymous trations took office. The federal court’s dent has been doing a better job of ‘‘holds’’ become regular order. criminal docket alone is up from 28,921 sending the Senate scores of nominees I began this year challenging the cases in 1980 to 50,363 last year. That is more promptly. Unfortunately, quali- Senate to maintain the pace it an increase of over 70 percent in the fied and capable nominees are still achieved in the last nine weeks of the criminal case filings in the federal being delayed too long and stalled last session when 27 judges were con- courts. without action. firmed. Instead, the Senate has con- During the Reagan and Bush admin- In commending Mark McGwire, firmed only 39 judicial nominees in 24 istrations, Democratic and Republican Sammy Sosa and the others major weeks in session. Had the Senate mere- Senates promptly considered and con- league players who have inspired the ly maintained the pace that it set at firmed judges and authorized 167 new nation with their achievements, I the end of last year, the Senate would judgeships in response to the increas- pledge to continue to work for com- have confirmed 72 judges—not 39 ing workload of the federal judiciary. parable achievements by the Senate in judges—by now. While authorized judgeships have in- connection with judicial confirma- Last week The Washington Post increased in number by 25 percent since tions. cluded an editorial critical of the Sen- 1980, the workload of the federal courts f ate for holding nominees without a has grown by over 60 percent during vote on the Senate calendar. It was NATIONAL HISTORIC TRAILS the same period. That is why the pro- right to do so. We have 12 qualified INTERPRETIVE CENTER longed vacancies being perpetuated by nominees on the Senate calendar Mr. THOMAS. Mr. President, I rise to delays in the confirmation process are awaiting action. Including those still discuss a project that is extremely im- pending before the Committee, we have creating such strains within the federal portant to the city of Casper and the a total of 45 judicial nominations courts. State of Wyoming. The National His- Unlike other periods in which judi- awaiting action, some of whom were toric Trails Interpretive Center, lo- cial vacancies could be attributed to first received over three years ago. cated in Casper, is a unique project de- The Senate continues to tolerate up- newly-created judgeships, during the signed to showcase the importance of wards of 74 vacancies in the federal past four years the vacancies crisis has Wyoming as a center for a number of courts with more on the horizon—al- been created by the Senate’s failure to historic trails in the West. The site se- most one in 10 judgeships remains un- move quickly to consider nominees to lected for the Center overlooks the filled and, from the looks of things, longstanding vacancies. place where the Oregon, California, will remain unfilled into the future. In the early and mid-1980’s, vacancies Mormon and Pony Express Trails cross The Judiciary Committee needs to do a were between 25 and 34 at the begin- the North Platte River. In addition, better job and the Senate needs to pro- ning of each session of Congress. By the head of the Bridger Trail and a fork ceed more promptly to consider nomi- the fall of 1983, the vacancies for the of the Bozeman Trail can be seen from nees reported to it. entire federal judiciary had been re- the spot. Unfortunately, the only record that duced to only 16. The city of Casper and the State of the Senate is on pace to set this year With attrition and the 85 new judge- Wyoming have been working very hard with respect to judicial nominations is ships created in 1984, vacancies reached to build an interpretive center that the record for the amount of time it 123 at the beginning of President Rea- will attract visitors from throughout takes to be confirmed once the nomi- gan’s second term, but those vacancies the nation and provide them with a nation is received by the Senate. For were reduced to only 33 within two quality recreational and educational those few nominees lucky enough to be years, by the fall of 1986. A Democratic experience. The facility will showcase confirmed as federal judges the average Senate in 1987 and 1988 reduced the va- the important role historic trails number of days for the Senate con- cancies still further to only 23 at the played in the development of the West firmation process has continued to es- end of the 100th Congress. and the incredible hardships faced by calate. In 1994 and 1995 judicial nomi- It was not until additional judgeships settlers as they migrated to all of the nees took on average 86 or 87 days from were created in 1990 that the next sig- western states. The project is strongly nomination to confirmation. In 1996, nificant increase in vacancies occurred supported throughout Wyoming and that number rose to a record 183 days and then, again, the Democratic Sen- would be funded through a unique on average. ate responsibly set about the task of ‘‘public/private’’ funding program using Last year, the average number of helping fill those vacancies with quali- local, state and federal sources. days from nomination to confirmation fied nominees. Although President Wyoming’s congressional delegation rose dramatically yet again. From ini- Bush was notoriously slow to nomi- has been working on obtaining federal tial nomination to confirmation, the nate, the Democratic Senate confirmed funds for the Historic Trails Center for average time it took for Senate action 124 nominees in President Bush’s last many years. Throughout my time in on the 36 judges confirmed in 1997 two years and cut the vacancies in the Senate, as well as my years serving broke the 200-day barrier for the first half. as Wyoming’s only Congressman, I time in our history. It was 212 days. With respect to the question of va- have worked hard to obtain planning Unfortunately, the time is still grow- cancies, it is also important to note and architectural money for the Center ing and the average is still rising to that in 1997 the Judiciary Conference of and requested assistance from the Ap- the detriment of the administration of the United States requested an addi- propriations Committee in obtaining justice. The average time from nomi- tional 53 judgeships be created and the the roughly $5 million in federal funds nation to confirmation for judges con- Republican Congress has refused to needed to complete the project. Unfor- firmed this year is 259 days. That is consider that workload justified re- tunately, construction funds have three times the time it took before this quest. My bill to meet that request, S. never been included in the appropria- partisan slowdown began in earnest. 678, the Federal Judgeship Act of 1997, tions bill.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10419 This year, the House of Representa- CHILD CUSTODY PROTECTION ACT from the President of the United tives has included $2.6 million in the Mr. COVERDELL. Mr. President, I States, together with an accompanying fiscal year 1999 Interior appropriations rise today in support of S. 1645, the report; which was referred to the Com- bill for completion of the National His- Child Custody Protection Act. This bill mittee on Agriculture, Nutrition, and toric Trails Center. Although this is makes it a federal offense to knowingly Forestry. only half of the money necessary to transport a minor girl across state To the Congress of the United States: complete the project, I am extremely lines to circumvent her home state’s As required by the provisions of sec- pleased the House took this action and parental consent or notification laws tion 13, Public Law 806, 80th Congress recognized the importance of con- and obtain an abortion. This bill sends structing this facility. Currently, the an important message that we will sup- (15 U.S.C. 714k), I transmit herewith Senate version of the Interior appro- port those states that have tried to the report of the Commodity Credit priations bill does not include funds for protect minors from making a decision Corporation for fiscal year 1996. the Trails Center. I understand the dif- of this magnitude without the involve- WILLIAM J. CLINTON. ficult funding choices faced by the In- ment of the parents. We should do ev- THE WHITE HOUSE, September 16, 1998. terior Appropriations Subcommittee as erything we can to ensure that parents this bill was crafted, but I am ex- are able to exercise the responsibilities f tremely disappointed that the Senate of guiding and protecting their chil- version of this legislation did not pro- dren, and I applaud Senator ABRAHAM MESSAGES FROM THE HOUSE vide funds for the Center. for his leadership on this issue. As the Senate completes its work on A few of my constituents raised some At 1:40 p.m., a message from the the Interior appropriations bill and concerns about S. 1645 that I would like House of Representatives, delivered by this legislation moves to a conference to address. First, the bill imposes no Mr. Hays, one of its reading clerks, an- with the House, I plan to do everything burden on the right to an abortion, and nounced that the House has passed the I can to ensure that funds for the His- it adds no new provisions or restric- following bills and joint resolution, in toric Trails Center are included in the tions on state laws. S. 1645 is designed which it requests the concurrence of final bill. Clearly, this project has merely to preserve the integrity of pa- the Senate: merit and would be a valuable addition rental involvement laws in states that H.R. 2795. An act to extend certain con- to our nation’s cultural and historic have chosen to enact them. Second, the tracts between the Bureau of Reclamation landmarks. Over the coming days, I legislation does not violate the con- and irrigation water contractors in Wyoming stitutional right to travel. Like the re- plan to work with Senators GORTON and Nebraska that receive water from cently enacted Deadbeat Parents Pun- Glendo Reservoir. and BYRD to ensure that the House ishment Act, the Child Custody Protec- funding level is protected during the H.R. 2993. An act to provide for the collection Act only punishes travel that is tion of fees for the making of motion pic- conference on this legislation. undertaken with the intent of dodging tures, television productions, and sound The National Historic Trails Inter- legitimate state laws. Third, in cases tracks in National Park System and Na- pretive Center is a worthy project. I where teenagers are afraid to tell their tional Wildlife Refuge System units, and for urge the Senate to recede to the House parents, there are judicial bypass pro- other purposes. language on this important measure cedures to address these situations. A H.R. 3445. An act to establish the Commis- and begin the process of completing study performed by the American Jour- sion on Ocean Policy, and for other purposes. this outstanding facility. nal of Public Health of these bypass H.R. 3898. An act to amend the Controlled f procedures found that only 1 out of 477 Substances Act and the Controlled Sub- girls was denied judicial authorization. stances Import and Export Act to conform THE VERY BAD DEBT BOXSCORE penalties for violations involving certain Mr. HELMS. Mr. President, at the Fourth, S. 1645 recognizes the role of amounts of methamphetamine to penalties states in ensuring that legal abortions close of business yesterday, Tuesday, for violations involving similar amounts co- are safe—to allow valid state laws to be September 15, 1998, the federal debt caine base. avoided is to undermine the safety of stood at $5,511,724,391,342.63 (Five tril- H.R. 3903. An act to provide for an ex- the procedure and endanger the health lion, five hundred eleven billion, seven change of lands located near Gustavus, Alas- of those minors. Fifth, parental in- ka, and for other purposes. hundred twenty-four million, three volvement laws enjoy the support of 74 hundred ninety-one thousand, three H.R. 4002. An act to designate the United percent of Americans according to a States Postal Service building located at hundred forty-two dollars and sixty- 1996 Gallup poll. While S. 1645 does not 5300 West Jefferson Street, Philadelphia, three cents). alter any state’s laws regarding abor- Pennsylvania, as the ‘‘Freeman Hankins One year ago, September 15, 1997, the tion, it does ensure that states that do Post Office Building’’. federal debt stood at $5,375,122,000,000 have these popular laws have a more H.R. 4003. An act to designate the United (Five trillion, three hundred seventy- realistic chance of enforcing them. States Postal Service building located at five billion, one hundred twenty-two 2037 Chestnut Street, Philadelphia, Pennsyl- million). f vania, as the ‘‘Max Weiner Post Office Build- Five years ago, September 15, 1993, MESSAGES FROM THE PRESIDENT ing’’. the federal debt stood at Messages from the President of the H.R. 4079. An act to authorize the construc- $4,388,003,000,000 (Four trillion, three tion of temperature control devices at Fol- United States were communicated to som Dam in California. hundred eighty-eight billion, three mil- the Senate by Mr. Williams, one of his lion). H.R. 4166. An act to amend the Idaho Ad- secretaries. mission Act regarding the sale or lease of Ten years ago, September 15, 1988, EXECUTIVE MESSAGES REFERRED the federal debt stood at school land. As in executive session the Presiding H.R. 4284. An act to authorize the Govern- $2,598,251,000,000 (Two trillion, five hun- Officer laid before the Senate messages dred ninety-eight billion, two hundred ment of India to establish a memorial to from the President of the United honor Mahatma Gandhi in the District of Co- fifty-one million). States submitting sundry nominations lumbia. Fifteen years ago, September 15, 1983, which were referred to the appropriate H.R. 4382. An act to amend the Public the federal debt stood at committees. Health Service Act to revise and extend the $1,354,786,000,000 (One trillion, three (The nominations received today are program for mammography quality stand- hundred fifty-four billion, seven hun- printed at the end of the Senate pro- ards. dred eighty-six million) which reflects ceedings.) H.J. Res. 117. Joint resolution expressing a debt increase of more than $4 tril- f the sense of Congress in support of the exist- lion—$4,156,938,391,342.63 (Four trillion, ing Federal legal process for determining the one hundred fifty-six billion, nine hun- REPORT OF THE COMMODITY safety and efficacy of drugs, including mari- dred thirty-eight million, three hun- CREDIT CORPORATION FOR FIS- juana and other Schedule I drugs, for medic- dred ninety-one thousand, three hun- CAL YEAR 1996—PM 157 inal use. dred forty-two dollars and sixty-three The PRESIDING OFFICER laid be- The message also announced that the cents) during the past 15 years. fore the Senate the following message House disagrees to the amendment of

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10420 CONGRESSIONAL RECORD — SENATE September 16, 1998 the Senate to the bill (H.R. 4101) making appropriations for the Department EC–6943. A communication from the Execu- ing appropriations for Agriculture, of Defense for the fiscal year ending tive Director of the Federal Labor Relations Rural Development, Food and Drug Ad- September 30, 1999, and for other pur- Authority, transmitting, pursuant to law, ministration, and Related Agencies poses, and agrees to the conference the report of a rule entitled ‘‘Regulations Implementing Coverage of Federal Sector programs for the fiscal year ending asked by the Senate on the disagreeing Labor Relations Laws to the Executive Of- September 30, 1999, and for other pur- votes of the two Houses thereon; and fice of the President’’ received on September poses, and agrees to the conference appoints Mr. YOUNG of Florida, Mr. 10, 1998; to the Committee on Labor and asked by the Senate on the disagreeing MCDADE, Mr. LEWIS of California, Mr. Human Resources. votes of the two Houses thereon; and SKEEN, Mr. HOBSON, Mr. BONILLA, Mr. EC–6944. A communication from the Chair- appoints Mr. SKEEN, Mr. WALSH, Mr. NETHERCUTT, Mr. ISTOOK, Mr. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a copy of DICKEY, Mr. KINGSTON, Mr. CUNNINGHAM, Mr. LIVINGSTON, Mr. MUR- D.C. Act 12–420 dated July 7, 1998; to the NETHERCUTT, Mr. BONILLA, Mr. THA, Mr. DICKS, Mr. HEFNER, Mr. SABO, Committee on Governmental Affairs. LATHAM, Mr. LIVINGSTON, Ms. KAPTUR, Mr. DIXON, Mr. VISCLOSKY, and Mr. EC–6945. A communication from the Chair- Mr. FAZIO of California, Mr. SERRANO, OBEY as the managers of the con- man of the Federal Election Commission, Ms. DELAURO, and Mr. OBEY as the ference on the part of the House. transmitting, pursuant to law, the report of managers of the conference on the part The message further announced that two rules governing electronic filing by pres- of the House. the House disagrees to the amendment idential candidates (11 C.F.R. 9003.1 and The message further announced that of the Senate to the bill (H.R. 4112) 9033.1) received on September 14, 1998; to the the House disagrees to the amendment making appropriations for the Legisla- Committee on Rules and Administration. of the Senate to the bill (H.R. 4194) EC–6946. A communication from the Ad- tive Branch for the fiscal year ending ministrator of the Agricultural Marketing making appropriations for the Depart- September 30, 1999, and for other pur- Service, Department of Agriculture, trans- ment of Veterans Affairs and Housing poses, and agrees to the conference mitting, pursuant to law, the report of a rule and Urban Development, and for sun- asked by the Senate on the disagreeing entitled ‘‘Irish Potatoes Grown in the South- dry independent agencies, boards, com- votes of the two Houses thereon; and eastern States; Increased Assessment Rate’’ missions, corporations, and offices for appoints Mr. WALSH, Mr. YOUNG of (Docket FV98–953–1 FIR) received on Sep- tember 10, 1998; to the Committee on Agri- the fiscal year ending September 30, Florida, Mr. CUNNINGHAM, Mr. WAMP, 1999, and for other purposes, and agrees culture, Nutrition, and Forestry. Mr. LATHAM, Mr. LIVINGSTON, Mr. EC–6947. A communication from the Ad- to the conference asked by the Senate SERRANO, Mr. FAZIO of California, Mr. ministrator of the Agricultural Marketing on the disagreeing votes of the two HOYER, and Mr. OBEY as the managers Service, Department of Agriculture, trans- Houses thereon; and appoints Mr. of the conference on the part of the mitting, pursuant to law, the report of a rule LEWIS of California, Mr. DELAY, Mr. House. entitled ‘‘Winter Pears Grown in Oregon and WALSH, Mr. HOBSON, Mr. KNOLLENBERG, Washington; Increased Assessment Rate’’ Mr. FRELINGHUYSEN, Mr. NEUMANN, Mr. At 5:57 p.m., a message from the (Docket FV98–927–1 FIR) received on Sep- WICKER, Mr. LIVINGSTON, Mr. STOKES, House of Representatives, delivered by tember 10, 1998; to the Committee on Agri- culture, Nutrition, and Forestry. Mr. MOLLOHAN, Ms. KAPTUR, Mrs. MEEK one of its reading clerks, announced EC–6948. A communication from the Direc- of Florida, Mr. PRICE of North Caro- that the House has passed the fol- tor of the Office of Surface Mining Reclama- lina, and Mr. OBEY as the managers of lowing bill, in which it requests the tion and Enforcement, Department of the In- the conference on the part of the concurrence of the Senate: terior, transmitting, pursuant to law, the re- House. H.R. 4300. An act to support enhanced drug port of a rule entitled ‘‘Arkansas Regulatory The message also announced that the interdiction efforts in the major transit Program’’ (No. AR–030–FOR) received on House disagrees to the amendment of countries and support a comprehensive sup- September 14, 1998; to the Committee on En- the Senate to the bill (H.R. 4328) mak- ply eradication and crop substitution pro- ergy and Natural Resources. ing appropriations for the Department gram in source countries. EC–6949. A communication from the Direc- tor of the Office of Surface Mining Reclama- of Transportation and related agencies f tion and Enforcement, Department of the In- for the fiscal year ending September 30, MEASURES PLACED ON THE terior, transmitting, pursuant to law, the re- 1999, and for other purposes, and agrees CALENDAR port of a rule entitled ‘‘North Dakota Regu- to the conference asked by the Senate latory Program’’ (No. ND–032–FOR) received on the disagreeing votes of the two The following bills were read the first on September 14, 1998; to the Committee on Houses thereon; and appoints Mr. and second times and placed on the cal- Energy and Natural Resources. EC–6950. A communication from the Chief WOLF, Mr. DELAY, Mr. REGULA, Mr. endar: H.R. 2795. An act to extend certain con- of the Regulations Unit, Internal Revenue ROGERS, Mr. PACKARD, Mr. CALLAHAN, Service, Department of the Treasury, trans- Mr. TIAHRT, Mr. ADERHOLT, Mr. LIVING- tracts between the Bureau of Reclamation and irrigation water contractors in Wyoming mitting, pursuant to law, the report of a rule STON, Mr. SABO, Mr. TORRES, Mr. and Nebraska that receive water from entitled ‘‘Last-In, First-Out Inventories’’ OLVER, Mr. PASTOR, Mr. CRAMER, and Glendo Reservoir. (Rev. Rul. 98–48) received on September 14, Mr. OBEY as the managers of the con- H.R. 3903. An act to provide for an ex- 1998; to the Committee on Finance. EC–6951. A communication from the Chief ference on the part of the House. change of lands located near Gustavus, Alas- of the Regulations Unit, Internal Revenue The message further announced that ka, and for other purposes. Service, Department of the Treasury, trans- the House disagrees to the amendment H.R. 4382. An act to amend the Public mitting, pursuant to law, the report of a rule Health Service Act to revise and extend the of the Senate to the bill (H.R. 4104) entitled ‘‘Interest on Bonds to Finance Cer- program for mammography quality stand- making appropriations for the Treas- tain Exempt Facilities’’ (Rev. Rul. 98–47) re- ards. ury Department, the United States ceived on September 14, 1998; to the Com- Postal Service, the Executive Office of f mittee on Finance. the President, and certain Independent EC–6952. A communication from the Gen- EXECUTIVE AND OTHER eral Counsel of the Department of Transpor- Agencies, for the fiscal year ending COMMUNICATIONS September 30, 1999, and for other pur- tation, transmitting, pursuant to law, the re- poses, and agrees to the conference The following communications were port of a rule entitled ‘‘Transportation Eq- uity Act for the 21st Century; Implementa- asked by the Senate on the disagreeing laid before the Senate, together with accompanying papers, reports, and doc- tion of Guidance for Discretionary Program votes of the two Houses thereon; and Funds for National Scenic Byways’’ appoints Mr. KOLBE, Mr. WOLF, Mr. uments, which were referred as indi- (RIN2125–ZZ03) received on September 14, ISTOOK, Mrs. NORTHUP, Mr. ADERHOLT, cated: 1998; to the Committee on Environment and Mr. LIVINGSTON, Mr. MCDADE, Mr. EC–6942. A communication from the Spe- Public Works. HOYER, Mrs. MEEK of Florida, Mr. cial Assistant to the Board of Governors of EC–6953. A communication from the Gen- the Federal Reserve System, transmitting, eral Counsel of the Department of Transpor- PRICE of North Carolina, and Mr. OBEY pursuant to law, the report of a rule entitled tation, transmitting, pursuant to law, the re- as the managers of the conference on ‘‘Risk-Based Capital Standards: Unrealized port of a rule entitled ‘‘Guidance for Fiscal the part of the House. Holding Gains on Certain Equity Securities’’ Year 1999 Interstate Discretionary (ID) The message also announced that the (Docket R–0982) received on September 15, Funds’’ (RIN2125–ZZ02) received on Sep- House disagrees to the amendment of 1998; to the Committee on Banking, Housing, tember 14, 1998; to the Committee on Envi- the Senate to the bill (H.R. 4103) mak- and Urban Affairs. ronment and Public Works.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10421 EC–6954. A communication from the Direc- tension of Tolerances for Emergency Exemp- EC–6973. A communication from the Gen- tor of the Office of Regulatory Management tion’’ (FRL6026–4) received on September 15, eral Counsel of the Department of Transpor- and Information, Environmental Protection 1998; to the Committee on Environment and tation, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the Public Works. port of a rule entitled ‘‘Establishment of report of a rule regarding Pennsylvania’s en- EC–6964. A communication from the Direc- Class E Airspace; Fitchburg, MA’’ (Docket hanced I/M SIP revision (FRL6160–8) received tor of the Office of Regulatory Management 98–ANE–93) received on September 14, 1998; to on September 15, 1998; to the Committee on and Information, Environmental Protection the Committee on Commerce, Science, and Environment and Public Works. Agency, transmitting, pursuant to law, the Transportation. EC–6955. A communication from the Direc- report of a rule entitled ‘‘Trichoderma EC–6974. A communication from the Gen- tor of the Office of Regulatory Management Harzianum Strain T–39; Exemption from the eral Counsel of the Department of Transpor- and Information, Environmental Protection Requirement of a Temporary Tolerance’’ tation, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the (FRL6022–1) received on September 15, 1998; port of a rule entitled ‘‘Amendment to Class report of a rule entitled ‘‘Georgia: Final Au- to the Committee on Environment and Pub- E Airspace; Bennington, VT’’ (Docket 98– thorization of State Hazardous Waste Man- lic Works. ANE–94) received on September 14, 1998; to agement Program Revisions’’ (FRL6161–5) re- EC–6965. A communication from the Asso- the Committee on Commerce, Science, and ceived on September 15, 1998; to the Com- ciate Managing Director for Performance Transportation. mittee on Environment and Public Works. Evaluation and Records Management, Fed- EC–6975. A communication from the Gen- EC–6956. A communication from the Direc- eral Communications Commission, transmit- eral Counsel of the Department of Transpor- tor of the Office of Regulatory Management ting, pursuant to law, the report of a rule en- tation, transmitting, pursuant to law, the re- and Information, Environmental Protection titled ‘‘Geographic Partitioning and Spec- port of a rule entitled ‘‘Airworthiness Direc- Agency, transmitting, pursuant to law, the trum Disaggregation for the 220–222 MHz tives; CFM International CFM56–3, –3B, and report of a rule entitled ‘‘Approval and Pro- Service’’ (Docket 93–252) received on Sep- –3C Series Turbofan Engines’’ (Docket 98– mulgation of Air Quality Implementation tember 15, 1998; to the Committee on Com- ANE–44–AD) received on September 14, 1998; Plans; Commonwealth of Pennsylvania; En- merce, Science, and Transportation. to the Committee on Commerce, Science, hanced Motor Vehicle Inspection and Main- EC–6966. A communication from the Asso- and Transportation. tenance Program’’ (FRL6160–6) received on ciate Managing Director for Performance EC–6976. A communication from the Gen- September 15, 1998; to the Committee on En- Evaluation and Records Management, Fed- eral Counsel of the Department of Transpor- vironment and Public Works. eral Communications Commission, transmit- tation, transmitting, pursuant to law, the re- EC–6957. A communication from the Direc- ting, pursuant to law, the report of a rule report of a rule entitled ‘‘Airworthiness Direc- tor of the Office of Regulatory Management garding the Commission’s Finder’s Pref- tives; Textron Lycoming Fuel Injected Re- and Information, Environmental Protection erence Rules’’ (Docket 96–199) received on ciprocating Engines’’ (Docket 97–ANE–50– Agency, transmitting, pursuant to law, the September 15, 1998; to the Committee on AD) received on September 14, 1998; to the report of a rule regarding requirements for Commerce, Science, and Transportation. Committee on Commerce, Science, and standards of performance for new fossil-fuel EC–6967. A communication from the Assist- Transportation. fired steam generation units (FRL6159–2) re- ant Administrator for Fisheries, National EC–6977. A communication from the Gen- ceived on September 15, 1998; to the Com- Marine Fisheries Service, Department of eral Counsel of the Department of Transpor- mittee on Environment and Public Works. Commerce, transmitting, pursuant to law, tation, transmitting, pursuant to law, the re- EC–6958. A communication from the Direc- the report of a rule entitled ‘‘Designated port of a rule entitled ‘‘Airworthiness Direc- tor of the Office of Regulatory Management Critical Habitat; Green and Hawksbill Sea tives; Pratt and Whitney PW4000 Series Tur- and Information, Environmental Protection Turtles’’ (I.D. 110797B) received on Sep- bofan Engines’’ (Docket 98–ANE–02–AD) re- Agency, transmitting, pursuant to law, the tember 10, 1998; to the Committee on Com- ceived on September 14, 1998; to the Com- report of a rule entitled ‘‘State of Alaska Pe- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- tition for Exemption From Diesel Fuel Sul- EC–6968. A communication from the Direc- tation. fur Requirement’’ (FRL6159–1) received on tor of the Office of Executive Assistance EC–6978. A communication from the Gen- September 15, 1998; to the Committee on En- Management, Assistant Secretary for Ad- eral Counsel of the Department of Transpor- vironment and Public Works. ministration, Department of Commerce, tation, transmitting, pursuant to law, the re- EC–6959. A communication from the Direc- transmitting, pursuant to law, the report of port of a rule entitled ‘‘Airworthiness Direc- tor of the Office of Regulatory Management a rule entitled ‘‘Uniform Administrative Re- tives; Stemme GmbH and Co. KG Model S10 and Information, Environmental Protection quirements for Grants and Agreements With Sailplanes’’ (Docket 93–CE–24–AD) received Agency, transmitting, pursuant to law, the Institutions of Higher Education, Hospitals, on September 14, 1998; to the Committee on report of a rule entitled ‘‘Control of Emis- Other Non-Profit, and Commercial Organiza- Commerce, Science, and Transportation. sions of Air Pollution From Nonroad Diesel tions’’ (RIN0605–AA09) received on Sep- EC–6979. A communication from the Gen- Engines’’ (FRL6155–3) received on September tember 10, 1998; to the Committee on Com- eral Counsel of the Department of Transpor- 15, 1998; to the Committee on Environment merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- and Public Works. EC–6969. A communication from the Gen- port of a rule entitled ‘‘Modification of Class EC–6960. A communication from the Direc- eral Counsel of the Department of Transpor- E Airspace; Bowman, ND’’ (Docket 93–CE–24– tor of the Office of Regulatory Management tation, transmitting, pursuant to law, the re- AD) received on September 14, 1998; to the and Information, Environmental Protection port of a rule entitled ‘‘Airworthiness Direc- Committee on Commerce, Science, and Agency, transmitting, pursuant to law, the tives; Superior Air Parts, Inc., Piston Pins Transportation. report of a rule entitled ‘‘National Emissions Installed on Teledyne Continental Motors EC–6980. A communication from the Gen- Standards for Hazardous Air Pollutants for Reciprocating Engines’’ (Docket 97–ANE–37– eral Counsel of the Department of Transpor- Source Category: Pulp and Paper Produc- AD) received on September 14, 1998; to the tation, transmitting, pursuant to law, the re- tion’’ (FRL6157–1) received on September 15, Committee on Commerce, Science, and port of a rule entitled ‘‘Hazardous Materials: 1998; to the Committee on Environment and Transportation. Withdrawal of Radiation Protection Pro- Public Works. EC–6970. A communication from the Gen- gram Requirement’’ (RIN2137–AD14) received EC–6961. A communication from the Direc- eral Counsel of the Department of Transpor- on September 15, 1998; to the Committee on tor of the Office of Regulatory Management tation, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. and Information, Environmental Protection port of a rule entitled ‘‘Airworthiness Direc- EC–6981. A communication from the Gen- Agency, transmitting, pursuant to law, the tives; Boeing Model 757–200 Series Airplanes’’ eral Counsel of the Department of Transpor- report of a rule entitled ‘‘Propyzamide; Pes- (Docket 97–NM–54–AD) received on Sep- tation, transmitting, pursuant to law, the re- ticide Tolerances for Emergency Exemp- tember 14, 1998; to the Committee on Com- port of a rule entitled ‘‘Low Stress Haz- tions’’ (FRL6022–5) received on September 15, merce, Science, and Transportation. ardous Liquid Pipelines Serving Plants and 1998; to the Committee on Environment and EC–6971. A communication from the Gen- Terminals’’ (RIN2137–AC87) received on Sep- Public Works. eral Counsel of the Department of Transpor- tember 15, 1998; to the Committee on Com- EC–6962. A communication from the Direc- tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. tor of the Office of Regulatory Management port of a rule entitled ‘‘Airworthiness Direc- EC–6982. A communication from the Gen- and Information, Environmental Protection tives; Saab Model SAAB 2000 Series Air- eral Counsel of the Department of Transpor- Agency, transmitting, pursuant to law, the planes’’ (Docket 97–NM–144–AD) received on tation, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Myclobutanil; Pes- September 14, 1998; to the Committee on port of a rule entitled ‘‘Airworthiness Direc- ticide Tolerances for Emergency Exemp- Commerce, Science, and Transportation. tives; Gulfstream Model G–V Series Air- tions’’ (FRL6025–1) received on September 15, EC–6972. A communication from the Gen- planes’’ (Docket 98–NM–230–AD) received on 1998; to the Committee on Environment and eral Counsel of the Department of Transpor- September 15, 1998; to the Committee on Public Works. tation, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. EC–6963. A communication from the Direc- port of a rule entitled ‘‘Airworthiness Direc- EC–6983. A communication from the Gen- tor of the Office of Regulatory Management tives; Aerospatiale Model ATR72–212A Series eral Counsel of the Department of Transpor- and Information, Environmental Protection Airplanes’’ (Docket 98–NM–159–AD) received tation, transmitting, pursuant to law, the re- Agency, transmitting, pursuant to law, the on September 14, 1998; to the Committee on port of a rule entitled ‘‘Airworthiness Direc- report of a rule entitled ‘‘Desmedipham; Ex- Commerce, Science, and Transportation. tives; British Aerospace (Jetstream) Model

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10422 CONGRESSIONAL RECORD — SENATE September 16, 1998 4101 Airplanes’’ (Docket 98–NM–167–AD) re- tation, transmitting, pursuant to law, the re- 15, 1998; to the Committee on Commerce, ceived on September 15, 1998; to the Com- port of a rule entitled ‘‘Revision of Class E Science, and Transportation. mittee on Commerce, Science, and Transpor- Airspace; Pascagoula, MS’’ (Docket 98–ASW– EC–7005. A communication from the Gen- tation. 38) received on September 15, 1998; to the eral Counsel of the Department of Transpor- EC–6984. A communication from the Gen- Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- Transportation. port of a rule entitled ‘‘Special Local Regu- tation, transmitting, pursuant to law, the re- EC–6995. A communication from the Gen- lations; Rising Sun Regatta; Ohio River Mile port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- 505.0–507.0, Rising Sun, IN’’ (Docket 8–98–051) tives; Airbus Model A320 Series Airplanes’’ tation, transmitting, pursuant to law, the re- received on September 15, 1998; to the Com- (Docket 98–NM–01–AD) received on Sep- port of a rule entitled ‘‘Revision of Class E mittee on Commerce, Science, and Transpor- tember 15, 1998; to the Committee on Com- Airspace; Refugio, TX’’ (Docket 98–ASW–34) tation. merce, Science, and Transportation. received on September 15, 1998; to the Com- EC–7006. A communication from the Gen- EC–6985. A communication from the Gen- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- tation. tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- EC–6996. A communication from the Gen- port of a rule entitled ‘‘Modification of Class port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- E Airspace; Prairie Du Chien, WI’’ (Docket tives; Boeing Model 757–200, –200PF, and tation, transmitting, pursuant to law, the re- 98–AGL–32) received on September 15, 1998; to –200CB Series Airplanes Equipped with Rolls- port of a rule entitled ‘‘Airworthiness Direc- the Committee on Commerce, Science, and Royce Model RB211–535E4/E4B Engines’’ tives; Schweizer Aircraft Corporation and Transportation. (Docket 98–NM–183–AD) received on Sep- Huges Helicopters, Inc. Model 269A, 269A–1, EC–7007. A communication from the Gen- tember 15, 1998; to the Committee on Com- 269B, 269C, 269D, and TH–55A Helicopters’’ eral Counsel of the Department of Transpor- merce, Science, and Transportation. (Docket 96–SW–10–AD) received on Sep- tation, transmitting, pursuant to law, the re- EC–6986. A communication from the Gen- tember 15, 1998; to the Committee on Com- port of a rule entitled ‘‘Establishment of eral Counsel of the Department of Transpor- merce, Science, and Transportation. Class E Airspace; Theodore, AL’’ (Docket 98– tation, transmitting, pursuant to law, the re- EC–6997. A communication from the Gen- ASW–39) received on September 15, 1998; to port of a rule entitled ‘‘Airworthiness Direc- eral Counsel of the Department of Transpor- the Committee on Commerce, Science, and tives; Boeing Model 757–200 Series Airplanes’’ tation, transmitting, pursuant to law, the re- Transportation. (Docket 98–NM–242–AD) received on Sep- port of a rule entitled ‘‘Airworthiness Direc- tember 15, 1998; to the Committee on Com- tives; McDonnell Douglas Model MD–90–30 f merce, Science, and Transportation. Series Airplanes’’ (Docket 98–NM–255–AD) re- EC–6987. A communication from the Gen- ceived on September 15, 1998; to the Com- PETITIONS AND MEMORIALS eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- The following petitions and memo- tation. port of a rule entitled ‘‘Expansion of Re- rials were laid before the Senate and EC–6998. A communication from the Gen- were referred or ordered to lie on the stricted Area R–6002, Poinsett-Sumter, SC’’ eral Counsel of the Department of Transpor- (Docket 94–ASO–9) received on September 15, tation, transmitting, pursuant to law, the re- table as indicated: 1998; to the Committee on Commerce, port of a rule entitled ‘‘Airworthiness Direc- POM–542. A petition from a citizen of the Science, and Transportation. tives; Airbus Model A320 Series Airplanes’’ State of Texas relative to a proposed term EC–6988. A communication from the Gen- (Docket 98–NM–18–AD) received on Sep- limits Constitutional Amendment; to the eral Counsel of the Department of Transpor- tember 15, 1998; to the Committee on Com- Committee on the Judiciary. tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. POM–543. A petition from a citizen of the port of a rule entitled ‘‘IFR Altitudes; Mis- EC–6999. A communication from the Gen- State of Texas relative to the processing of cellaneous Amendments’’ (Docket 29322) re- eral Counsel of the Department of Transpor- petitions and memorials addressed to the ceived on September 15, 1998; to the Com- tation, transmitting, pursuant to law, the re- United States Senate; to the Committee on mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Amendment to Class Rules and Administration. tation. E Airspace; Goodland, KS’’ (Docket 98–ACE– EC–6989. A communication from the Gen- f eral Counsel of the Department of Transpor- 35) received on September 15, 1998; to the tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and INTRODUCTION OF BILLS AND port of a rule entitled ‘‘Airworthiness Direc- Transportation. EC–7000. A communication from the Gen- JOINT RESOLUTIONS tives; McDonnell Douglas Model DC–9–80 Se- eral Counsel of the Department of Transpor- ries Airplanes and Model MD–90–30 and MD– The following bills and joint resolu- tation, transmitting, pursuant to law, the re- 88 Airplanes’’ (Docket 98–NM–10–AD) re- tions were introduced, read the first port of a rule entitled ‘‘Establishment of ceived on September 15, 1998; to the Com- and second time by unanimous con- Class E Airspace; Crosby, ND’’ (Docket 98– mittee on Commerce, Science, and Transpor- sent, and referred as indicated: AGL–42) received on September 15, 1998; to tation. By Mr. GRASSLEY (for himself and EC–6990. A communication from the Gen- the Committee on Commerce, Science, and Mr. GRAHAM): S. 2477. A bill to amend eral Counsel of the Department of Transpor- Transportation. title 5, United States Code, to pro- tation, transmitting, pursuant to law, the re- EC–7001. A communication from the Gen- vide for the establishment of a pro- port of a rule entitled ‘‘Establishment of eral Counsel of the Department of Transpor- gram under which long-term care in- Class E Airspace; Johnson City, TX’’ (Docket tation, transmitting, pursuant to law, the re- surance may be obtained by Federal 98–ASW–33) received on September 15, 1998; port of a rule entitled ‘‘Correction of Class E employees and annuitants; to the to the Committee on Commerce, Science, Airspace; Akron, CO’’ (Docket 98–ANM–10) and Transportation. received on September 15, 1998; to the Com- Committee on Governmental Affairs. EC–6991. A communication from the Gen- mittee on Commerce, Science, and Transpor- By Mr. GORTON: eral Counsel of the Department of Transpor- tation. S. 2478. A bill to direct the Secretary of tation, transmitting, pursuant to law, the re- EC–7002. A communication from the Gen- Agriculture to convey certain land to FERC port of a rule entitled ‘‘Revision of Class D eral Counsel of the Department of Transpor- permit holders; to the Committee on Energy Airspace; San Antonio, Kelly AFB, TX’’ tation, transmitting, pursuant to law, the re- and Natural Resources. (Docket 98–ASW–35) received on September port of a rule entitled ‘‘Airworthiness Direc- By Ms. SNOWE: 15, 1998; to the Committee on Commerce, tives; SOCATA—Groupe AEROSPATIALE S. 2479. A bill to establish the Commission Science, and Transportation. Models TB20 and TB21 Airplanes’’ (Docket on the Advancement of Women in Science, EC–6992. A communication from the Gen- 95–CE–64–AD) received on September 15, 1998; Engineering, and Technology Development; eral Counsel of the Department of Transpor- to the Committee on Commerce, Science, to the Committee on Labor and Human Re- tation, transmitting, pursuant to law, the re- and Transportation. sources. port of a rule entitled ‘‘Revision of Class E EC–7003. A communication from the Gen- By Mr. LEAHY: Airspace; Morgan City, LA’’ (Docket 98– eral Counsel of the Department of Transpor- S. 2480. A bill to prevent the introduction ASW–36) received on September 15, 1998; to tation, transmitting, pursuant to law, the re- and spread of nonindigenous pests and patho- the Committee on Commerce, Science, and port of a rule entitled ‘‘Drawbridge Oper- gens through the importation of wood arti- Transportation. ation Regulations; Sheboygan River, WI’’ cles, and for other purposes; to the Com- EC–6993. A communication from the Gen- (Docket 9–98–003) received on September 15, mittee on Agriculture, Nutrition, and For- eral Counsel of the Department of Transpor- 1998; to the Committee on Commerce, estry. tation, transmitting, pursuant to law, the re- Science, and Transportation. By Mr. BAUCUS (for himself, Mr. port of a rule entitled ‘‘Revision of Class E EC–7004. A communication from the Gen- CHAFEE, and Mr. WARNER): Airspace; Cameron, LA’’ (Docket 98–ASW–37) eral Counsel of the Department of Transpor- S. 2481. A bill to amend the Public Build- received on September 15, 1998; to the Com- tation, transmitting, pursuant to law, the re- ings Act of 1959 to improve the process of mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Special Local Regu- constructing, altering, and acquiring public tation. lations; City of Clarksville Riverfest; Cum- buildings, and for other purposes; to the EC–6994. A communication from the Gen- berland River Mile 125.5 TO 127.0, Clarksville, Committee on Environment and Public eral Counsel of the Department of Transpor- TN’’ (Docket 8–96–058) received on September Works.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10423 By Mr. COCHRAN: S. 2477. A bill to amend title 5, ‘‘(1) EMPLOYEE.—The term ‘employee’ has S. 2482. A bill to amend the Internal Rev- United States Code, to provide for the the meaning given such term by section 8901, enue Code of 1986 to designate certain enti- establishment of a program under but does not include an individual employed ties organized to participate in States work- which long-term care insurance may be by the government of the District of Colum- men’s compensation assigned risk insurance bia. plans as tax-exempt entities; to the Com- obtained by Federal employees and an- ‘‘(2) ANNUITANT.—The term ‘annuitant’ mittee on Finance. nuitants; to the Committee on Govern- means— By Ms. SNOWE (for herself and Mr. ment Affairs. ‘‘(A) a former employee who, based on the HARKIN): CIVIL SERVICE LONG-TERM CARE INSURANCE service of that individual, receives an annu- S. 2483. A bill to establish programs regard- BENEFIT ACT ity under subchapter III of chapter 83, chap- ing early detection, diagnosis, and interven- ∑ Mr. GRASSLEY. Mr. President, ter 84, or another retirement system for em- tions for newborns and infants with hearing today I introduce the Civil Service ployees of the Government (disregarding loss; to the Committee on Labor and Human title XVIII of the Social Security Act and Resources. Long-Term Care Insurance Benefit Act. any retirement system established for em- By Mr. LEAHY (for himself, Mr. This legislation is an important first ployees described in section 2105(c)); and DASCHLE, Mr. BIDEN, Ms. MOSELEY- step in helping Americans prepare for ‘‘(B) any individual who receives an annu- BRAUN, Mr. KENNEDY, Mr. KERRY, Mr. their long-term care needs. ity under any retirement system referred to LAUTENBERG, Ms. MIKULSKI, Mr. I am pleased to have my colleague in subparagraph (A) (disregarding those de- BINGAMAN, Mr. REID, Mrs. MURRAY, Senator GRAHAM of Florida join me as scribed parenthetically) as the surviving Mr. DORGAN, and Mr. TORRICELLI): a cosponsor of this legislation, which spouse of an employee (including an amount S. 2484. A bill to combat violent and gang- has also been introduced in the House under section 8442(b)(1)(A), whether or not an related crime in schools and on the streets, annuity under section 8442(b)(1)(B) is also to reform the juvenile justice system, target of Representatives by Representative payable) or of a former employee under sub- international crime, promote effective drug JOHN MICA. paragraph (A); and other crime prevention programs, assist The Civil Service Long-Term Care In- but does not include a former employee of a crime victims, and for other purposes; to the surance Benefit Act will establish a Government corporation excluded by regula- Committee on the Judiciary. program under which long-term care tion of the Office of Personnel Management By Mr. GORTON: insurance may be obtained by current or the spouse of such a former employee. S. 2485. A bill to amend title XIX of the So- and former employees of the federal ‘‘(3) ELIGIBLE RELATIVE.—The term ‘eligible cial Security Act to allow States to use the government. The premiums will not be relative’, as used with respect to an em- funds available under the State children’s ployee or annuitant, means each of the fol- health insurance program for enhanced subsidized by the government and will be paid for entirely by the employee or lowing: matching rate for coverage of additional ‘‘(A) The spouse of the employee or annu- children under the medicaid program; to the retiree. However, this legislation will itant. Committee on Finance. make long-term care insurance more ‘‘(B) The father or mother of the employee By Mr. KERREY: affordable to by using the govern- or annuitant, or an ancestor of either. S. 2486. A bill for the relief of Luis A. Gon- ment’s purchasing power to negotiate ‘‘(C) A stepfather or stepmother of the em- zalez and Virginia Aguilla Gonzalez; to the volume discounts. ployee or annuitant. Committee on the Judiciary. It is my belief that the participation ‘‘(D) The father-in-law or mother-in-law of By Mr. ASHCROFT: of a large employer such as the federal the employee or annuitant. S. 2487. A bill to amend The Equal Access ‘‘(E) A son or daughter of the employee or Act to provide equal access for elementary government in the long-term care insurance market will act as a catalyst annuitant who is at least 18 years of age. and secondary school groups to expense re- ‘‘(F) A stepson or stepdaughter of the em- imbursement and materials, and to provide to encourage other large employers to ployee or annuitant who is at least 18 years equal access for community groups to meet- offer similar plans. This legislation of age. ing space; to the Committee on Labor and will establish a larger market for long- ‘‘(4) GOVERNMENT.—The term ‘Government’ Human Resources. term care insurance and help ensure means the Government of the United States, By Mrs. MURRAY: the availability of competitively including an agency or instrumentality S. 2488. A bill to establish the Northwest thereof. Straits Advisory Commission; to the Com- priced, high quality insurance prod- ‘‘(5) GROUP LONG-TERM CARE INSURANCE.— mittee on Commerce, Science, and Transpor- ucts. This measure will encourage Ameri- The term ‘group long-term care insurance’ tation. means group long-term care insurance pur- f cans to be pro-active and prepare for chased by the Office of Personnel Manage- their long term care needs by making SUBMISSION OF CONCURRENT AND ment under this chapter. insurance more widely available and ‘‘(6) INDIVIDUAL LONG-TERM CARE INSUR- SENATE RESOLUTIONS affordable. I urge my colleagues to sup- ANCE.—The term ‘individual long-term care The following concurrent resolutions port this legislation. insurance’ means any long-term care insur- and Senate resolutions were read, and Mr. President, I ask unanimous con- ance offered under this chapter which is not referred (or acted upon), as indicated: sent that the text of the bill be printed group long-term care insurance. ‘‘(7) QUALIFIED CARRIER.—A carrier shall be By Mr. HATCH (for himself, Mr. BINGA- in the RECORD. There being no objection, the bill was considered to be a ‘qualified carrier’, with re- MAN, Mrs. HUTCHISON, Mr. DASCHLE, spect to a State, if it is licensed to issue Mr. MCCAIN, Mrs. BOXER, Mr. DOMEN- ordered to be printed in the RECORD as group or individual long-term care insurance ICI, Mr. DODD, Mr. ABRAHAM, Mr. follows: (as the case may be) under the laws of such HARKIN, Mr. BOND, Mr. KERRY, Mr. S. 2477 State. GRASSLEY, Ms. LANDRIEU, Mr. Be it enacted by the Senate and House of Rep- ‘‘(8) QUALIFIED LONG-TERM CARE INSURANCE CHAFEE, Mr. LAUTENBERG, Ms. MIKUL- resentatives of the United States of America in CONTRACT.—The term ‘qualified long-term SKI, Ms. MOSELEY-BRAUN, and Mr. Congress assembled, care insurance contract’ has the meaning REID): given such term by section 7702B of the In- S. Res. 278. A resolution designating the SECTION 1. SHORT TITLE. ternal Revenue Code of 1986. 30th day of April of 1999, as ‘‘Dia de los This Act may be cited as the ‘‘Civil Service ‘‘(9) STATE.—The term ‘State’ means a Ninos: Celebrating Young Americans’’, and Long-Term Care Insurance Benefit Act’’. State, the District of Columbia, the Com- for other purposes; to the Committee on the SEC. 2. LONG-TERM CARE INSURANCE. monwealth of Puerto Rico, the Common- Judiciary. (a) IN GENERAL.—Subpart G of part III of wealth of the Northern Mariana Islands, the By Mr. D’AMATO: title 5, United States Code, is amended by Trust Territory of the Pacific Islands, the S. Con. Res. 118. A concurrent resolution adding at the end the following: Virgin Islands, Guam, American Samoa, and authorizing the use of the Capitol Rotunda ‘‘CHAPTER 90—LONG-TERM CARE any other territory or possession of the on September 23, 1998, for the presentation of INSURANCE United States. the Congressional Gold Medal to Nelson ‘‘Sec. ‘‘§ 9002. Availability of insurance Mandela; to the Committee on Rules and Ad- ‘‘9001. Definitions. ministration. ‘‘(a) IN GENERAL.—The Office of Personnel ‘‘9002. Availability of insurance. Management shall establish and administer f ‘‘9003. Participating carriers. a program through which employees and an- ‘‘9004. Administrative functions. nuitants may obtain group or individual STATEMENTS ON INTRODUCTED ‘‘9005. Coordination with State laws. long-term care insurance for themselves, a BILLS AND JOINT RESOLUTIONS ‘‘9006. Commercial items. spouse, or, to the extent permitted under the By Mr. GRASSLEY (for himself ‘‘§ 9001. Definitions terms of the contract of insurance involved, and Mr. GRAHAM): ‘‘For purposes of this chapter: any other eligible relative.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10424 CONGRESSIONAL RECORD — SENATE September 16, 1998 ‘‘(b) GENERAL REQUIREMENTS.—Long-term chapter may be paid for through all of these costs must be covered by care insurance may not be offered under this withholdings from the pay or annuity of the the patient and his or her family mem- chapter unless— employee or annuitant involved. bers. ‘‘(1) the only insurance protection provided ‘‘(3) CONTRACT AUTHORITY RELATING TO Medicaid will provide nursing home is coverage under qualified long-term care GROUP LONG-TERM CARE INSURANCE.—To con- and some nonskilled care coverage, but insurance contracts; and tract for a qualified long-term care insur- ‘‘(2) the insurance contract under which ance contract (in the case of group long-term an individual must be extremely low such coverage is provided is issued by a care insurance) with each qualified carrier income, or become low income, to qual- qualified carrier. that offers such insurance, so long as such ify for Medicaid. This program cur- ‘‘(c) REQUIREMENT THAT CONTRACT BE carrier submits a timely application under rently pays for over half of nursing FULLY INSURED.—In addition to the require- section 9003(b) and complies with such other home expenses in the United States. ments otherwise applicable under section procedural rules as the Office may prescribe. But who wants to see their lifetime 9001(8), in order to be considered a qualified ‘‘(b) LIMITATIONS ON AUTHORITY.—Nothing savings, and their children’s inherit- long-term care insurance contract for pur- in this chapter shall be considered to permit ance, wiped out to pay for the cost of a poses of this chapter, a contract must be or require the Office— fully insured, whether through reinsurance ‘‘(1) to prevent from being offered under catastrophic long term illness. with other companies or otherwise. this chapter any individual long-term care Unfortunately, many of us will face ‘‘(d) COVERAGE NOT REQUIRED FOR INDIVID- insurance under a qualified contract there- this circumstance. It is estimated that UALS WHO WOULD BE IMMEDIATELY BENEFIT for; or the majority of women and one-third of ELIGIBLE.—Nothing in this chapter shall be ‘‘(2) to prescribe or negotiate over the ben- men who reach the age of 60 will need considered to require that long-term care in- efits to be offered, or any of the terms or nursing home care before the end of surance coverage be made available in the conditions under which any such benefits their life. Many of the baby boom gen- case of any individual who would be imme- shall be offered, under this chapter. eration are already facing this issue as diately benefit eligible. ‘‘§ 9005. Coordination with State laws they deal with their parents’ needs. ‘‘§ 9003. Participating carriers ‘‘(a) IN GENERAL.—The provisions of any Long term care is one of the most ‘‘(a) IDENTIFICATION OF PARTICIPATING CAR- contract under this chapter for group long- important retirement security issues RIERS.—The Office of Personnel Management term care insurance may include provisions facing us today. According to a 1997 shall, before the start of each year— to supersede and preempt any provisions of survey sponsored by the National ‘‘(1) identify each carrier through whom State or local law described in subsection Council on the Aging, more Americans any long-term care insurance may be ob- (b), or any regulation issued thereunder. (69 percent) were worried about how to tained under this chapter during such year; ‘‘(b) DESCRIPTION.—This subsection applies and with respect to any provision of law which in pay for long term care than were wor- ‘‘(2) prepare a list of the carriers identified effect carries out the same policy as section ried about how they would pay for under paragraph (1), and a summary descrip- 5 of the long-term care insurance model Act, their retirement (56 percent). This tion of the insurance obtainable under this promulgated by the National Association of level of concern was true for all age chapter from each. Insurance Commissioners (as adopted as of groups and income levels among those ‘‘(b) APPLICATION REQUIREMENTS, ETC.—In September 1997). surveyed. order to carry out its responsibilities under ‘‘§ 9006. Commercial items Although many companies are con- subsection (a), the Office shall annually specify the timetable (including any applica- ‘‘For purposes of the Office of Federal Pro- sidering offering this insurance to their tion deadlines) and other procedures that curement Policy Act, a long-term care insur- employees, as of 1996 only 13.2 percent must be followed by carriers seeking to be ance contract under this chapter shall be of long-term care plans were employer- allowed to offer long-term care insurance considered a commercial item, as defined by sponsored. under this chapter during the following year. section 4(12) of such Act.’’. Today, Senator GRASSLEY and I are (b) CONFORMING AMENDMENT.—The analysis ‘‘(c) INFORMATION TO PERMIT INFORMED DE- moving the Federal Government into a CISIONMAKING.—The Office shall in a timely for part III of title 5, United States Code, is amended by adding at the end of subpart G leadership role by creating a model manner before the start of each year— long term care insurance program for ‘‘(1) publish in the Federal Register the list the following: (and summary description) prepared under ‘‘90. Long-Term Care Insur- Federal employees. I am very pleased subsection (a) for such year; and ance ...... 9001’’. to be working, once again, with Sen- ‘‘(2) make available to each individual eli- SEC. 3. EFFECTIVE DATE. ator GRASSLEY to develop another pro- gible to obtain long-term care insurance The Office of Personnel Management shall posal in our ongoing efforts to improve under this chapter such information, in a take such measures as may be necessary to retirement security for all Americans. form acceptable to the Office after consulta- ensure that long-term care insurance cov- We are introducing today the Civil tion with the carrier, as may be necessary to erage under title 5, United States Code, as Service Long-Term Care Insurance enable the individual to exercise an informed amended by this Act, may be obtained in Benefit Act, a companion to the legis- choice among the various options available time to take effect beginning on the first day lation by our colleague in the House, under this chapter. of the first applicable pay period beginning Representative JOHN MICA of Florida. ‘‘(d) POLICY OR BENEFIT CERTIFICATE.—The ∑ on or after January 1, 2000. We will offer private companies the Office shall arrange to have the appropriate ∑ Mr. GRAHAM. Mr. President, I am individual or individuals receive a copy of opportunity to compete to provide any policy of insurance obtained under this pleased to join my colleague, Senator long-term care insurance to Federal chapter or, in the case of group long-term GRASSLEY, today in introducing legis- employees. Our plan will not be at a care insurance, a certificate setting forth the lation that will give many Americans a high cost to taxpayers; premiums will benefits to which an individual is entitled, to better chance of financial security in be fully paid by Federal employees— whom the benefits are payable, and the pro- retirement, and make the Federal Gov- however, by pooling the numbers of cedures for obtaining benefits, and summa- ernment a role model for American workers in the federal government, rizing the provisions of the policy prin- companies. lower group rates are achieved. cipally affecting the individual or individ- The issue is long term care insur- Only plans qualified under the Health uals involved. Any such certificate shall be issued instead of the certificate which the in- ance. When starting to work on this Insurance Portability and Account- surance company would otherwise be re- legislation, several facts seemed most ability Act of 1996 may offer this insur- quired to issue. important: ance to Federal workers through our ‘‘§ 9004. Administrative functions In 1995 the average cost of nursing legislation, but beyond that, we will let ‘‘(a) IN GENERAL.—Except as provided in home care in the United States was the marketplace determine the cost section 9003, the sole functions of the Office $37,000 per year. In some urban areas of and services of plans employees may of Personnel Management under this chapter the country, that cost can reach $70,000 purchase. Flexibility is important in shall be as follows: per year. Medicare provides short-term this relatively young industry as insur- ‘‘(1) ENROLLMENT PERIODS.—To provide rea- care coverage, but the average nursing ance companies are still in the process sonable opportunity (consisting of not less home stay is two and one-half years. In of determining how to most effectively than one continuous 30-day period each year) fact, Medicare paid for only five per- provide this product. Competition for eligible employees and annuitants to ob- cent of national nursing home costs. tain long-term care insurance coverage among the various carriers, group dis- under this chapter. Not all long term care occurs in nurs- counts and volume of sales will keep ‘‘(2) WITHHOLDINGS.—To provide for a ing homes—85 percent of nursing home these premiums affordable. means by which the cost of any long-term care is nonskilled care. Again, Medi- Eleven million individuals, including care insurance coverage obtained under this care does not cover nonskilled care, so employees and retirees, their spouses,

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10425 parents, and in-laws would be eligible Forest, including project design and value the parcels of land necessary for under our proposal. This bill is just a environmental analysis necessary to development of these projects. While I first step, but an important one. In en- gain approval from the Forest Service would prefer and am still hopeful that courage your support as we continue to and FERC. In spite of the fact that the this issue can be resolved in negotia- improve retirement security, in all of 1994 ROD instructs the Forest Service tions between the project proponents its aspects, for all Americans.∑ to use ‘‘transition’’ provisions to ap- and the agency, clearly this process is prove pending projects, it has not done broken and needs to be fixed. This leg- By Mr. GORTON: so, and continues to add project review islation should serve as a catalyst for S. 2478. A bill to direct the Secretary requirements not allowed by the ROD resolving outstanding hydroelectric of Agriculture to convey certain land or existing law. As a result, the Forest project review issues. Project pro- to FERC permit holders; to the Com- Service is stopping FERC from making ponents deserve at least that much.∑ mittee on Energy and Natural Re- timely licensing decisions on these sources. projects. Shifting standards of review By Ms. SNOWE: MOUNT BAKER SNOQUALMIE NATIONAL FOREST an delay by the Forest Service have de- S. 2479. A bill to establish the Com- LEGISLATION prived project proponents of their right mission on the Advancement of Women ∑ Mr. GORTON. Mr. President, in re- to rely upon clear standards for project in Science, Engineering, and Tech- cent years, I have become increasingly approval before expending funds in reli- nology Development; to the Committee frustrated with the inability of the ance on such standards. on Labor and Human Resources. Forest Service to complete work on Many aspects of these projects were THE ADVANCEMENT OF WOMEN AND MINORITIES several small hydroelectric projects lo- found to be in compliance with prior IN SCIENCE, ENGINEERING AND TECHNOLOGY cated on the Mount Baker/Snoqualmie forest regulations and other environ- DEVELOPMENT ACT National Forest in my State. The Serv- mental laws, and are being subjected to ∑ Ms. SNOWE. Mr. President, today I ice’s inability to make important deci- duplicative and inconsistent review. am introducing legislation to create a sions on these renewable energy re- Provisions of the ROD developed for commission on the advancement of sources is based on an inaccurate inter- application to extremely large-scale women and minorities in science, engi- pretation of the President’s Northwest timber harvest are not meant to im- neering and technology development. Forest Plan (‘‘ROD’’) which has pact small-scale hydroelectric projects. The House version, H.R. 3007, intro- stopped these projects from going for- Timber management regulations are duced by my good friend, Congress- ward. totally disproportionate with the scale woman MORELLA, passed the House The President’s Northwest Forest of any potential environmental im- under suspension of the rules on Mon- Plan states clearly that multipurpose pacts of small-scale hydroelectric fa- day. uses of the federal forests are not pre- cilities. In fact, the ROD itself explic- Six years ago, I testified before the cluded, and that the plan must follow itly recognizes that uses other than House Education and Labor Committee existing law applying to such uses. Yet, timber harvest do not require the same in support of this legislation, as co- since its adoption in 1994, the Forest level of restrictions. chair of the Congressional Caucus on Service has and continues to paralyze The Forest Service continues to use Women’s Issues. It was a priority for the development of small hydroelectric the ROD as a reason for imposing new the Caucus in 1992, and it remains one projects by ignoring laws applying to study requirements, increasing mitiga- of the top seven priorities for the Cau- multipurpose. This inaction has de- tion demands, and ignoring agreements cus this year. layed and stifled review of such on project compliance with forest plan Since the 102d Congress, when Con- projects by the Federal Energy Regu- standards and FERC requirements. gresswoman MORELLA first introduced latory Commission—the agency respon- Each new requirement adds onerous fi- this bill on behalf of the Caucus, we sible for issuing federal licenses for hy- nancial burdens on project proponents, have learned more about the barriers droelectric projects. delays project approval, and under- facing women and minorities when Forest Service interpretation of the mines the regulatory need for an end to they try to enter nontraditional jobs, ROD intrudes directly on the ability of project review so a final licensing deci- such as engineering and research, but the Commission to perform its hydro- sion can be made by FERC. unfortunately the general facts haven’t electric licensing function of balancing Actions by the Forest Service have changed much. development and nondevelopment placed that agency in direct conflict For example, the National Science issues. Both the Commission, when de- with FERC, a result not intended by Foundation’s 1996 report, ‘‘Women, Mi- termining consistency with the pur- the ROD. FERC’s jurisdiction over hy- norities and Persons with Disabilities pose of a national forest under Section droelectric project licensing is in Science and Engineering,’’ found 4(e) of the Act, and the Forest Service, unaltered by the ROD, which itself that even those women who have ob- when determining whether to issue a calls for increased interagency co- tained a degree and are teaching in special use permit, must apply existing operation, not confrontation. science and engineering still face bar- law fairly. Forest Service inaction on Mr. President, I have tried in recent riers to climbing up the ladder to suc- pending projects (some of which have years through my position as Chair- cess. The report found that a substan- been under review for over a decade) man of the Senate Interior Appropria- tial salary gap exists between men and prevents FERC from completing its li- tions Subcommittee responsible for women with doctorates in science and censing responsibilities. funding the Forest Service’s annual engineering. It also found that among In terms of federal forest manage- budget to get some answers from this doctoral scientists and engineers, ment, the six small hydroelectric agency as to why it was holding up women are far more likely to be em- projects proposed for the Mount Baker/ these hydroelectric projects. In 1995, I ployed at 2 year institutions and, are Snoqualmie National Forest are vir- inserted language directing the Forest far less likely to be employed in re- tually inconsequential. All are located Service to ‘‘conduct an expeditious research universities, and are much more well above areas affecting anadromous view’’ of projects covered by the ROD. likely to teach part-time. fish, and would occupy a total of 10 to In subsequent hearings, I have contin- And the National Research Council’s 40 acres each, with most of the sites ued to ask agency witnesses for a sta- 1995 report, ‘‘Women Scientists and En- being untouched except for the por- tus report. To date, none of the re- gineers Employed in Industry: Why so tions needed for project facilities. Ad- sponses from the Forest Service have Few?,’’ found that women are still fac- verse impacts to fish, wildlife or other satisfied my concerns or adequately ad- ing paternalism, sexual harassment, al- environmental resources are subject to dressed this issue. legations of reverse discrimination, mitigation by FERC and the Forest For this reason, I am introducing leg- lower salaries and different standards Service. islation today that would expedite the for judging the work of men and Project proponents in my state have hydroelectric project review process. It women. spent millions of dollars to secure ap- will require the Forest Service to con- The purpose of the 11 member Com- proval of six projects located in the vey to permit holders and license appli- mission created under this bill is to re- Mount Baker/Snoqualmie National cants for these projects at fair market view the information on the problems

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10426 CONGRESSIONAL RECORD — SENATE September 16, 1998 facing women and minorities in mov- and sugar maples. As Vermont and the the Asian longhorned beetle and other ing into the areas of science and engi- Northeast begin the leaf peeping season pests that could wreak havoc if they neering and make recommendations this fall, the threat of an Asian get their antennas in the door. for changes in policy that would re- longhorned beetle invasion has us all Mr. President, I ask unanimous con- move these artificial barriers which checking our trees for possible signs of sent that the text of the bill be printed currently prevent women and minori- the pest. Not only is the sugar maple in the RECORD. ties from entering and excelling in the source of our world famous There being no objection, the bill was these fields. Vermont maple syrup, but it is also ordered to be printed in the RECORD, as We are all aware of the important what turns our treasured Green Moun- follows; role that technology plays in our econ- tains brilliant yellow, orange and red S. 2480 omy today, and for the nation, a work- each year. It is what attracts so many Be it enacted by the Senate and House of Rep- force possessing technological skills is visitors to our state this time of year. resentatives of the United States of America in more than just an earnings issue—it’s The wood is also highly prized for fur- Congress assembled, an issue of meeting national employ- niture, paneling and wood flooring. SECTION 1. SHORT TITLE. ment needs. Today, experts agree that Without immediate attention, spread This Act may be cited as the ‘‘Invasive more than half of the new jobs being of this insect into forested areas of Pest Control Act of 1998’’. New York, Vermont and Massachusetts SEC. 2. FINDINGS. created require some form of tech- Congress finds that— nology literacy. And by the year 2000, could threaten the important maple (1) the importation of unprocessed logs, six out of every 10 new jobs will require sugar and fall foliage industries of the lumber, and other unmanufactured wood ar- computer and networking skills cur- Northeast. These things can chew trees ticles into the United States may result in rently possessed by only 22 percent of into sawdust. The last thing I want to the introduction of nonindigenous pests and the labor force. We must bridge the gap see in my backyard is one of these pathogens to native North American forests; between ‘‘skills demanded’’ and ‘‘skills bark-eating, sap-sucking intruders (2) when environmental conditions are fa- known’’ if our Nation is to even fill the from Asia. vorable, nonindigenous pests and pathogens jobs that will be available just four What is even more alarming is that may prey on and devastate native North American tree species, devastate habitat, years from today. we do not yet have a way to treat this pest. The only way to get rid of it is by disrupt other native species and the environ- In order to meet those demands— ment, and disrupt the economy of affected which are crucial to the future eco- destroying all the infested trees. The forest areas; nomic growth of our country—we must best way to fight this pest, and similar (3) the Comptroller General of the United ensure that women and minorities have non-native wood borers, is to make States has reported that the potential eco- access to, and are not kept from, jobs sure they do not get into our country nomic disruption to communities affected by in the science, engineering and tech- in the first place. That is why I am in- nonindigenous pests and pathogens entering nology fields. The bill I am introducing troducing legislation today to prevent the United States, including forest pests, today will help us find ways to level additional introductions of the beetle costs an estimated $41,000,000,000 annually in the playing field and take down artifi- and other invasive pests into the lost production and expenses for prevention and control; cial barriers that are keeping women United States. The ‘‘Invasive Pest Control Act’’ will (4) commercial forestry is estimated to and minorities from careers in these lose forest products valued at $4,000,000,000 areas.∑ stiffen the requirements for treatment each year due to infestations of nonindige- of imports that use solid wood products nous pests and pathogens; By Mr. LEAHY: and wood packing material like pallets (5) once introduced into the United States S. 2480. A bill to prevent the intro- and crates. It will require that these on unprocessed logs, lumber, and other un- duction and spread of nonindigenous imports either be debarked, kiln-dried manufactured wood articles, nonindigenous pests and pathogens through the im- or fumigated, depending on size, before pests and pathogens are unintentionally or portation of wood articles, and for they enter the United States. After five unknowingly transported and introduced other purposes; to the Committee on years, the use of these packing mate- into inland forests and habitats by truck Agriculture, Nutrition, and Forestry. transport and train shipment to mills, con- rials will be prohibited. This will give sumers, and producers and by a variety of THE INVASIVE PEST CONTROL ACT OF 1998 importers plenty of time to find alter- ∑ other means, including wind, water, and Mr. LEAHY. Mr. President, today I native materials to ship their products. wildlife; introduce legislation to prevent addi- It will also give us a long-term insur- (6) examples of nonindigenous pests and tional introductions of invasive pests. ance policy against future pest intro- pathogens infesting forests of the United Last fall, the Northeastern states were ductions. States that have caused or have the poten- startled by reports of an Asian I want to make clear that the Asian tial to cause adverse economic and ecologi- longhorned beetle infestation in Brook- longhorned beetle is only one of many cal effects include— lyn and Amityville, New York. This invasive pests that present a serious (A) Dutch Elm disease, which— summer, we heard of additional infes- threat to our forests. Spruce bark bee- (i) was introduced into the United States in the 1920’s with a shipment of European tations in Chicago and the beetle has tle and Mediterranean pine engraver logs delivered to the Port of New York and been found in wood packing material in beetle are two other invasive pests that then forwarded to the Midwest by train; South Carolina, California, New Jersey we should be concerned about. My leg- (ii) has spread throughout the United and Texas. Although the beetle has islation will help prevent all of these States, now to an estimated 1,000,000 trees; been found primarily in port cities, the stowaways from sneaking into our and shipment of wood packing materials ports and then into our forests. (iii) has decimated the American and other across state lines could lead to the This legislation is only a first step in native elm species; spread of this insect into forested areas preventing future introductions of (B) the Gypsy Moth, which— across the country. these pests. We also need to increase (i) has no natural predators in the United This beetle is a serious pest of hard- funding for the Animal and Plant States; (ii) spread rapidly and now infests North- wood trees in its native environment in Health Inspection Service to increase east forest in approximately 200,000 square China, where it has few natural en- the number of inspectors at our ports miles, with smaller infestations occurring in emies. Here, it has none. If this pest be- and improve shipping information on several other areas from the Carolinas to comes established in our forests, it imports to track the source of these British Columbia; and could turn into the gypsy moth of the pests. We also need to launch a public (iii) feeds on hundreds of different tree spe- 21st century. And, as we learned from awareness campaign to help detect any cies and during outbreaks can defoliate the spread of the gypsy month along infestations within our country. In many hardwood and shrub species in their the East Coast, repeated introductions Vermont, we have beetle-identification path, seriously weakening trees and stunting of the Asian Long-Horned Beetle and cards to help the public spot the beetle the growth of, and eventually killing, many of the trees; its spread could have a staggering eco- in their backyards or sugarbushes. We (C) the Asian Long-Horned Beetle, which— nomic and ecological impact on our need to do this in all the high-risk (i) is a new exotic pest that has been dis- forests. areas. covered at ports across the United States; It also seems that the beetle has a All of these steps will help protect (ii) has no natural enemies and has at- sweet tooth—attacking mostly Norway our forests and forest economies from tacked mostly Norway and sugar maples,

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10427 some of the most valuable trees in the SEC. 5. RESTRICTIONS ON MOVEMENT OF (C) ecologists; and Northeast; and PLANTS, PLANT PRODUCTS, BIO- (D) scientists in relevant disciplines. (iii) is considered a serious threat to the LOGICAL CONTROL ORGANISMS, (c) DUTIES.—The Task Force shall develop PLANT PESTS, NOXIOUS WEEDS, maple sugar industry, lumber industry, criteria for establishing precautionary WOOD ARTICLES, AND MEANS OF phytosanitary procedures to minimize the homeowner property values, and tourism in CONVEYANCE. likelihood of the introduction or dispersion the Northeast; and (a) IN GENERAL.—Except as provided in of nonindigenous pests and pathogens in the (D) more recent nonindigenous pests and subsection (b), the Secretary may prohibit or course of international or interstate com- pathogens that have become established in restrict the importation, entry, exportation, merce or travel. the forests of the United States and are caus- or movement in interstate commerce of a ing economic and ecological degradation plant, plant product, biological control orga- SEC. 7. FEES. The Secretary of the Treasury shall— with respect to the natural forest resources nism, plant pest, noxious weed, wood article, (1) require a person that imports a wood of the United States, including the Port or means of conveyance if the Secretary de- article into the United States to obtain a Orford Cedar Root Rot, the Pine Wilt dis- termines that the prohibition or restriction permit before the article may be imported ease, the Eurasian poplar rust fungus (dis- is necessary to prevent the introduction into the United States or the interstate disper- into the United States; covered on the West Coast), and the pine (2) require the person to pay an application shoot beetle (introduced in the Great Lakes sion of a nonindigenous pest, pathogen, or noxious weed. fee for the permit, in an amount determined area); and by the Secretary of Agriculture; and (b) IMPORTED WOOD ARTICLES.—Each wood (7) if preventive management measures are (3) transfer all fees collected under para- not taken in a timely manner throughout article (other than a pallet, solid wood packing material, or dunnage) to be imported graph (2) to the Fund established under sec- the United States to prevent nonindigenous tion 8. pests and pathogens from entering the into the United States shall be— (1) subject to treatment not more than 24 SEC. 8. PEST REDUCTION IN WOOD ARTICLES United States on unprocessed wood products hours prior to importation, in the exporting FUND. or to control their entry, further introduc- (a) ESTABLISHMENT.—There is established country or a hold aboard a ship during trans- tions and infestations of nonindigenous in the Treasury of the United States a report; and plants and pathogens will occur. volving fund, to be known as the ‘‘Pest Re- (2) subject to treatment not later than 24 duction in Wood Articles Fund’’, to be used hours after importation at the United States SEC. 3. PURPOSES. in accordance with this section (referred to port of entry. The purpose of this Act are— in this section as the ‘‘Fund’’), consisting (c) PALLETS AND SOLID WOOD PACKING MA- of— (1) to prevent the unintentional introduc- TERIALS.— (1) such amounts as are appropriated to the tion and dispersion of nonindigenous pests (1) TREATMENT DURING INTERIM PERIOD.— and pathogens into forests of the United During the 5-year period beginning on the Fund under subsection (b); and States through the importation of unproc- date of enactment of this Act, each pallet, (2) any interest earned on investment of essed logs, lumber, and other unmanufac- solid wood packing material, and dunnage amounts in the Fund under subsection (d). (b) TRANSFERS TO FUND.—There are appro- tured wood articles; composed of wood used to import an article priated to the Fund amounts equivalent to (2) to preserve and protect the health of into the United States shall be— amounts collected as fees and received in the the forests of the United States, the forest- (A) subject to treatment in accordance Treasury under section 7. dependent economy of the United States, na- with its dimensions prior to first importa- (c) EXPENDITURES FROM FUND.— tive North American tree species, and irre- tion into the United States; and (1) IN GENERAL.—Subject to paragraph (2), placeable habitat from the potentially dev- (B) marked with an international symbol on request by the Secretary of Agriculture, astating effects of nonindigenous pests and designating the treatment method. the Secretary of the Treasury shall transfer pathogens; (2) PROHIBITION AFTER INTERIM PERIOD.—Ef- from the Fund to the Secretary of Agri- (3) to coordinate federally conducted, fund- fective beginning on the date that is 5 years culture such amounts as the Secretary of ed, or authorized research, prevention, con- after the date of enactment of this Act, the Agriculture determines are necessary to sup- trol, information dissemination, and other importation into the United States of a pal- port the costs of certifying treatment facili- activities regarding forest pests and patho- let, packing material, or dunnage composed ties and conducting research to develop ap- gens; and of wood is prohibited. propriate technology for the control of the (4) to understand and minimize the eco- SEC. 6. PLANT HEALTH AND ECOSYSTEM PRO- importation of nonindigenous species on un- nomic and ecological impact of nonindige- TECTION TASK FORCE. processed logs, lumber, and other unmanu- nous pests and pathogens. (a) IN GENERAL.—There is established a factured wood articles. ‘‘Plant Health and Ecosystem Protection SEC. 4. DEFINITIONS. (2) ADMINISTRATIVE EXPENSES.—An amount Task Force’’. not exceeding 10 percent of the amounts in In this Act: (b) MEMBERSHIP.—The membership of the the Fund shall be available in each fiscal (1) SECRETARY.—The term ‘‘Secretary’’ Task Force shall consist of— year to pay the administrative expenses nec- means the Secretary of Agriculture. (1) the Secretary of Agriculture or a des- essary of carrying out this Act. (2) TREATMENT.—The term ‘‘treatment’’ ignee; (d) INVESTMENT OF AMOUNTS.— means— (2) the Administrator of the Animal and (1) IN GENERAL.—The Secretary of the (A) in the case of— Plant and Health Inspection Service; Treasury shall invest such portion of the (i) a wood article that is greater than 14 (3) a representative of each Federal agency Fund as is not, in the judgment of the Sec- centimeters in diameter at the broadest with responsibility for managing natural re- retary, required to meet current with- point; and sources (as determined by the President), ap- drawals. Investments may be made only in (ii) wood chips, sawdust, wood mulch, and pointed by the head of the agency, includ- interest-bearing obligations of the United wood shavings; ing— States. (A) the Forest Service; debarking and heating the wood article until (2) ACQUISITION OF OBLIGATIONS.—For the (B) the Bureau of Land Management; the core reaches at least 71.1 degrees Celsius purpose of investments under paragraph (1), (C) the National Park Service; for at least 75 minutes; and obligations may be acquired— (D) the United States Fish and Wildlife (B) in the case of a wood article that is less (A) on original issue at the issue price; or Service; than 14 centimeters in diameter at the (B) by purchase of outstanding obligations (E) the National Oceanic and Atmospheric at the market price. broadest point— Administration; (i) fumigation with an effective fumigant; (3) SALE OF OBLIGATIONS.—Any obligation (F) the Agricultural Research Service; acquired by the Fund may be sold by the (ii) kiln drying according to the Dry Kiln (G) the Agricultural Marketing Service; Operator’s Manual, Agriculture Handbook Secretary of the Treasury at the market (H) the Natural Resource Conservation price. No. 188; or Service; and (iii) pressure treatment with an effective (4) CREDITS TO FUND.—The interest on, and (I) the Environmental Protection Agency; the proceeds from the sale or redemption of, chemical preservative. (4) a representative of the agency of each any obligations held in the Fund shall be (3) WOOD ARTICLE.—The term ‘‘wood arti- State responsible for managing natural re- credited to and form a part of the Fund.∑ cle’’ means a log, lumber, whole tree, cut sources in the State, appointed by the Gov- tree or portion of a tree (not solely con- ernor of the State; By Mr. BAUCUS (for himself, Mr. sisting of leaves), flower, fruit, bud, seed, (5) a representative of each nongovern- CHAFEE, and Mr. WARNER): bark, cork, lath, hog fuel, sawdust, painted mental organization with an interest or ex- S. 2481. A bill to amend the Public raw wood product, excelsior (wood wool), pertise in plant health and ecosystem protec- Buildings Act of 1959 to improve the wood chip, wood mulch, wood shaving, pick- tion (as determined by the President), ap- et, stake, shingle, pallet, wood packing ma- pointed by the head of the organization, in- process of constructing, altering, and terial, humus, compost, or litter, that is un- cluding representatives of— acquiring public buildings, and for processed or has received only primary proc- (A) public interest environmental groups; other purposes; to the Committee on essing. (B) affected industry representatives; Environment and Public Works.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10428 CONGRESSIONAL RECORD — SENATE September 16, 1998 THE PUBLIC BUILDINGS REFORM ACT OF 1998 There being no objection, the bill was referred to in subparagraph (A) (referred to ∑ Mr. BAUCUS. Mr. President, today I ordered to be printed in the RECORD, as in this paragraph as the ‘second year’); or am introducing the Public Buildings follows: ‘‘(cc) expected to be requested for the third of the 3 fiscal years of the triennial plan re- Reform Act of 1998. Let me start by ex- S. 2481 ferred to in subparagraph (A) (referred to in pressing my thanks to the Chairman of Be it enacted by the Senate and House of Rep- this paragraph as the ‘third year’); and the Environment and Public Works resentatives of the United States of America in ‘‘(II) that includes a description of each Committee, Senator CHAFEE, and the Congress assembled, such project and the number of square feet of Chairman of the relevant sub- SECTION 1. SHORT TITLE. space planned for each such project; This Act may be cited as the ‘‘Public committee, Senator WARNER, for their ‘‘(iii) a list of each lease or lease renewal Buildings Reform Act of 1998’’. support of this bill. described in subparagraph (A) for which an SEC. 2. SITE SELECTION. Mr. President, the Public Buildings authorization of appropriations is— Section 5 of the Public Buildings Act of ‘‘(I) requested for the first year; or Reform Act will go a long way to help- 1959 (40 U.S.C. 604) is amended by adding at ‘‘(II) expected to be requested for the sec- ing Congress make wise decisions on the end the following: ond year or third year; public buildings construction. It will ‘‘(d) CONSIDERATION OF COSTS.—In selecting ‘‘(iv) a list, in order of priority, of each help Congress achieve some discipline a site for a project to construct, alter, or ac- planned repair or alteration project de- with respect to the cost of new Federal quire a public building, or to lease office or scribed in subparagraph (A) for which an au- any other type of space, under this Act, the buildings and courthouses. Specifi- thorization of appropriations is— Administrator shall consider the impact of ‘‘(I) requested for the first year; or cally, the bill will bring some sanity to the selection of a particular site on the cost the Federal building and courthouse ‘‘(II) expected to be requested for the sec- and space efficiency of the project.’’. ond year or third year; construction program. SEC. 3. CONGRESSIONAL OVERSIGHT OF PUBLIC ‘‘(v) an explanation of the basis for each I have been working on Federal BUILDINGS PROJECTS. order of priority specified under clauses (ii) building issues for a number of years. (a) IN GENERAL.—Section 7 of the Public and (iv); And the more I have learned about the Buildings Act of 1959 (40 U.S.C. 606) is amend- ‘‘(vi) the estimated annual and total cost issue, the more concerned I have be- ed— of each project requested in the triennial (1) in subsection (a)— plan; come. It is very important that we re- (A) by striking the last sentence; form the Federal building and court- ‘‘(vii) a list of each public building planned (B) in the first sentence, by striking ‘‘In to be wholly vacated, to be exchanged for house construction program. This bill order’’ and inserting the following: other property, or to be disposed of during will do just that. ‘‘(2) PREREQUISITES TO OBLIGATION OF the period covered by the triennial plan; and Why do we need reform? Because of FUNDS.— ‘‘(viii) requests for authorizations of appro- the amount of funding that is devoted ‘‘(B) APPROVAL REQUIREMENTS.— priations necessary to carry out projects each year to new courthouse and other ‘‘(i) CONSTRUCTION, ALTERATION, AND ACQUI- listed in the triennial plan for the first year. Federal building projects. We need to SITION.—In order’’; ‘‘(C) PRESENTATION OF INFORMATION IN (C) in the second sentence, by striking PLAN.— spend this money wisely and only on ‘‘No’’ and inserting the following: those projects that are truly needed. ‘‘(i) FIRST YEAR.—In the case of a project ‘‘(ii) LEASE.—No’’; for which the Administrator has requested The Public Buildings Reform Act will (D) in the third sentence, by striking ‘‘No’’ an authorization of appropriations for the help do just that. It accomplishes two and inserting the following: first year, information required to be in- major goals—prioritization of court- ‘‘(iii) ALTERATION.—No’’; cluded in the triennial plan under subpara- house projects and other Federal build- (E) by striking ‘‘SEC. 7. (a)’’ and inserting graph (B) shall be presented in the form of a ings projects; and gaining control of the following: prospectus that meets the requirements of the courthouse construction design ‘‘SEC. 7. SUBMISSION AND APPROVAL OF PRO- paragraph (2)(C). POSED PROJECTS. ‘‘(ii) SECOND YEAR AND THIRD YEAR.— guide. ‘‘(a) IN GENERAL.— The Public Buildings Reform Act of ‘‘(I) IN GENERAL.—In the case of a project ‘‘(1) PUBLIC BUILDINGS PLAN.— for which the Administrator expects to re- 1998 is similar to legislation I intro- ‘‘(A) IN GENERAL.—Not later than 15 days quest an authorization of appropriations for duced a few years ago. At that time, after the President submits to Congress the the second year or third year, information the Environment and Public Works budget of the United States Government required to be included in the triennial plan Committee unanimously passed this under section 1105 of title 31, United States under subparagraph (B) shall be presented in legislation—which then went on to Code, the Administrator shall submit to Con- the form of a project description. pass the entire Senate. gress a public buildings plan (referred to in ‘‘(II) GOOD FAITH ESTIMATES.— However, the House failed to act on this subsection as the ‘triennial plan’) for ‘‘(aa) IN GENERAL.—Each reference to cost, the first 3 fiscal years that begin after the price, or any other dollar amount contained this legislation. So we find ourselves in date of submission. The triennial plan shall in a project description referred to in sub- the position of trying again. I and my specify such projects for which approval is clause (I) shall be considered to be a good colleagues introduce this legislation at required under paragraph (2)(B) relating to faith estimate by the Administrator. this time so that the debate on public the construction, alteration, or acquisition ‘‘(bb) EFFECT.—A good faith estimate re- buildings reform will continue. of public buildings, or the lease of office or ferred to in item (aa) shall not bind the Ad- I have been pleased that GSA and the any other type of space, as the Adminis- ministrator with respect to a request for ap- Administrative Office of the Courts trator determines are necessary to carry out propriation of funds for a fiscal year other have made numerous improvements to the duties of the Administrator under this than a fiscal year for which an authorization Act or any other law. of appropriations for the project is requested the public building approval process ‘‘(B) CONTENTS.—The triennial plan shall in the triennial plan. since 1995. But these improvements include— ‘‘(cc) EXPLANATION OF DEVIATION FROM ES- must be codified so that there is no ‘‘(i) a 5-year strategic management plan TIMATE.—If the request for an authorization question that they will be continued in for capital assets under the control of the of appropriations contained in the pro- the future. Also, there are further steps Administrator that— spectus for a project submitted under para- that need to be taken in the area of ‘‘(I) provides for accommodating the office graph (2)(C) is different from a good faith es- Federal Government asset manage- space and other public building needs of the timate for the project referred to in item ment. Federal Government; and (aa), the prospectus shall include an expla- ‘‘(II) is based on procurement mechanisms nation of the difference. It is my hope that in the coming that allow the Administrator to take advan- ‘‘(D) REINCLUSION OF PROJECTS IN PLANS.—If months, Congress will look hard at the tage of fluctuations in market forces affect- a project included in a triennial plan is not public buildings approval process and ing building construction and availability; approved in accordance with this subsection, will prepare legislation that can be en- ‘‘(ii) a list— or if funds are not made available to carry acted in the next Congress. ‘‘(I) in order of priority, of each construc- out a project, the Administrator may include Working with GSA, the Courts and tion or acquisition (excluding lease) project the project in a subsequent triennial plan others, I am confident we can take the described in subparagraph (A) for which an submitted under this subsection.’’; steps necessary to assure the taxpayers authorization of appropriations is— (F) in paragraph (2) (as designated by sub- that there are appropriate cost con- ‘‘(aa) requested for the first of the 3 fiscal paragraph (B))— years of the triennial plan referred to in sub- (i) by inserting after ‘‘(2) PREREQ- trols in place. That is our job. paragraph (A) (referred to in this paragraph UISITES TO OBLIGATION OF FUNDS.—’’ the fol- Mr. President, I ask unanimous con- as the ‘first year’); lowing: sent that a copy of the bill be printed ‘‘(bb) expected to be requested for the sec- ‘‘(A) IN GENERAL.—Notwithstanding any in the RECORD. ond of the 3 fiscal years of the triennial plan other provision of law, the Administrator

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10429 may not obligate funds that are made avail- gency Assistance Act (42 U.S.C. 5121 et seq.) (1) Section 7 of the Public Buildings Act of able for any project for which approval is re- or any other law, or declared by any Federal 1959 (40 U.S.C. 606) is amended by striking quired under subparagraph (B) unless— agency pursuant to any applicable law, ex- ‘‘Committee on Public Works and Transpor- ‘‘(i) the project was included in the tri- cept that no such emergency lease shall be tation’’ each place it appears and inserting ennial plan for the fiscal year; and for a period of more than 5 years. ‘‘Committee on Transportation and Infra- ‘‘(ii) a prospectus for the project was sub- ‘‘(ii) REPORTING.—As part of each triennial structure’’. mitted to Congress and approved in accord- plan, the Administrator shall describe any (2) Section 11(b)(1) of the Public Buildings ance with this paragraph.’’; and emergency lease for which a prospectus is re- Act of 1959 (as amended by subsection (b)(2)) (ii) by adding at the end the following: quired under paragraph (2) that was entered is further amended by striking ‘‘Committee ‘‘(C) PROSPECTUSES.—For the purpose of into by the Administrator under clause (i) on Public Works and Transportation’’ and obtaining approval of a proposed project de- during the preceding fiscal year.’’; inserting ‘‘Committee on Transportation and scribed in the triennial plan, the Adminis- (2) in subsection (b)— Infrastructure’’. trator shall submit to Congress a prospectus (A) by striking ‘‘(b) The’’ and inserting the SEC. 4. FEDERAL GOVERNMENT ASSET MANAGE- for the project that includes— following: MENT. ‘‘(i) a brief description of the public build- ‘‘(b) INCREASES IN COSTS OF PROJECTS.— Section 12 of the Public Buildings Act of ing to be constructed, altered, or acquired, ‘‘(1) INCREASE OF 10 PERCENT OR LESS.— 1959 (40 U.S.C. 611) is amended— or the space to be leased, under this Act; The’’; and (1) by striking ‘‘SEC. 12. (a) The Adminis- ‘‘(ii) the location of the building to be con- (B) by adding at the end the following: trator’’ and inserting the following: structed, altered, or acquired, or the space to ‘‘(2) GREATER INCREASES.—If the Adminis- ‘‘SEC. 12. FEDERAL GOVERNMENT ASSET MAN- be leased, and an estimate of the maximum trator increases the estimated maximum AGEMENT. cost, based on the predominant local office cost of a project in an amount greater than ‘‘(a) DUTIES OF ADMINISTRATOR.— space measurement system (as determined the increase authorized by paragraph (1), the ‘‘(1) IN GENERAL.—The Administrator’’; by the Administrator), to the United States Administrator shall, not later than 30 days (2) in subsection (a), by adding at the end of the construction, alteration, or acquisi- after the date of the increase, notify the the following: tion of the building, or lease of the space; Committee on Environment and Public ‘‘(2) REPOSITORY FOR ASSET MANAGEMENT ‘‘(iii) in the case of a project for the con- Works of the Senate and the Committee on INFORMATION.—The Administrator shall use struction of a courthouse or other public Transportation and Infrastructure of the the results of the continuing investigation building consisting solely of general purpose House of Representatives of the amount of, and survey required under paragraph (1) to office space, the cost benchmark for the and reasons for, the increase.’’; establish a central repository for the asset project determined under subsection (d); and (3) in subsection (c), by striking ‘‘(c) In the management information of the Federal ‘‘(iv) in the case of a project relating to a case’’ and inserting the following: courthouse— Government.’’; ‘‘(c) RESCISSION OF APPROVAL.—In the (3) in subsection (b)— ‘‘(I) as of the date of submission of the pro- case’’; and spectus, the number of— (A) by striking ‘‘(b) In carrying’’ and in- (4) by striking subsection (d) and inserting serting the following: ‘‘(aa) Federal judges for whom the project the following: is to be carried out; and ‘‘(b) COOPERATION AMONG FEDERAL AGEN- ‘‘(d) DEVELOPMENT OF COST BENCHMARKS.— ‘‘(bb) courtrooms available for the judges; CIES.— ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(II) the projected number of Federal ‘‘(1) BY THE ADMINISTRATOR.—In carrying’’; develop standard cost benchmarks for judges and courtrooms to be accommodated (B) by striking ‘‘Each Federal’’ and insert- projects for the construction of courthouses, by the project at the end of the 10-year pe- ing the following: and other public buildings consisting solely riod beginning on the date; ‘‘(2) BY THE AGENCIES.—Each Federal’’; and of general purpose office space, for which a ‘‘(III) a justification for the projection (C) by adding at the end the following: prospectus is required under subsection under subclause (II) (including a specifica- ‘‘(3) IDENTIFICATION AND DISPOSITION OF (a)(2). The benchmarks shall consist of the tion of the number of authorized positions, UNNEEDED REAL PROPERTY.— appropriate cost per square foot for low-rise, and the number of judges in senior status, to ‘‘(A) IDENTIFICATION.—Each Federal agency mid-rise, and high-rise projects subject to be accommodated); shall— ‘‘(IV) the year in which the courthouse in the various factors determined under para- ‘‘(i) identify real property that is or will use as of the date of submission of the pro- graph (2). become unneeded, obsolete, or underutilized spectus reached maximum capacity by hous- ‘‘(2) FACTORS.—In developing the bench- during the 5-year period beginning on the ing only courts and court-related agencies; marks, the Administrator shall consider date of the identification; and ‘‘(V) the level of security risk at the court- such factors as geographic location (includ- ‘‘(ii) annually report the information on house in use as of the date of submission of ing the necessary extent of seismic struc- the real property described in clause (i) to the prospectus, as determined by the Direc- tural supports), the tenant agency, and nec- the Administrator. tor of the Administrative Office of the essary parking facilities, and such other fac- ‘‘(B) DISPOSITION.—The Administrator United States Courts; and tors as the Administrator considers appro- shall analyze more cost-effective uses for the ‘‘(VI) the termination date of any lease, in priate.’’. real property identified under subparagraph effect as of the date of submission of the pro- (b) REPORTS TO CONGRESS.—Section 11 of (A) and make recommendations to the Fed- spectus, of space to carry out a court-related the Public Buildings Act of 1959 (40 U.S.C. eral agency concerning the more cost-effec- activity that will be affected by the 610) is amended— tive uses.’’; project.’’; and (1) by striking ‘‘SEC. 11. (a) Upon’’ and in- (4) in subsection (c), by striking ‘‘(c) When- (G) by adding at the end the following: serting the following: ever’’ and inserting the following: ‘‘(3) EMERGENCY AUTHORITY.— ‘‘SEC. 11. REPORTS TO CONGRESS. ‘‘(c) IDENTIFICATION OF BUILDINGS OF HIS- ‘‘(A) OVERRIDING INTEREST.—If the Admin- ‘‘(a) REPORTS ON UNCOMPLETED PROJECTS.— TORIC, ARCHITECTURAL, AND CULTURAL SIG- istrator, in consultation with the Commis- Upon’’; and NIFICANCE.—Whenever’’; and sioner of the Public Buildings Service, deter- (2) in subsection (b)— (5) in subsection (d), by striking ‘‘(d) The mines that an overriding interest requires (A) by striking ‘‘(b) The Administrator’’ Administrator’’ and inserting the following: emergency authority to construct, alter, or and inserting the following: ‘‘(d) REGARD TO COMPARATIVE URGENCY OF acquire a public building, or lease office or ‘‘(b) BUILDING PROJECT SURVEYS AND RE- NEED.—The Administrator’’. storage space, and that the authority cannot PORTS.— SEC. 5. ADDRESSING LONG-TERM GOVERNMENT be obtained in a timely manner through the ‘‘(1) IN GENERAL.—The Administrator’’; HOUSING NEEDS. triennial planning process required under (B) in the second sentence of paragraph (1) (a) REPORT ON LONG-TERM HOUSING paragraph (1), the Administrator may submit (as so designated), by inserting before the pe- NEEDS.— a written request for the authority to the riod at the end the following: ‘‘, and shall (1) IN GENERAL.—Not later than 1 year after Committee on Environment and Public specify whether the project is included in a the date of enactment of this Act and the Works of the Senate and the Committee on 5-year strategic capital asset management end of each 2-year period thereafter, the head Transportation and Infrastructure of the plan required under section 7(a)(1)(B)(i) or a of each Federal agency (as defined in section House of Representatives. The Administrator prioritized list required under section 13(3) of the Public Buildings Act of 1959 (40 may carry out the project for which author- 7(a)(1)(B)’’; and U.S.C. 612(3))) shall review and report to the ity was requested under the preceding sen- (C) by adding at the end the following: Administrator of General Services (referred tence if the project is approved in the man- ‘‘(2) INCLUSION OF REQUESTED BUILDING to in this Act as the ‘‘Administrator’’) on the ner described in paragraph (2)(B). PROJECTS IN TRIENNIAL PLAN.—The Adminis- long-term housing needs of the agency. The ‘‘(B) DECLARED EMERGENCIES.— trator may include a prospectus for the fund- Administrator shall consolidate the agency ‘‘(i) LEASE AUTHORITY.—Notwithstanding ing of a public building project for which a reports and submit a consolidated report to any other provision of this section, the Ad- report is submitted under paragraph (1) in a Congress. ministrator may enter into an emergency triennial public buildings plan required (2) ASSISTANCE AND UNIFORM STANDARDS.— lease during any period of emergency de- under section 7(a)(1).’’. The Administrator shall— clared by the President pursuant to the Rob- (c) TECHNICAL AND CONFORMING AMEND- (A) assist each agency in carrying out the ert T. Stafford Disaster Relief and Emer- MENTS.— review required under paragraph (1); and

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10430 CONGRESSIONAL RECORD — SENATE September 16, 1998 (B) prepare uniform standards for housing lead cosponsor, my colleague from four states that require screening, the needs for— Iowa, Senator HARKIN, who has long Bureau of Maternal and Child Health, (i) executive agencies (as defined in section been a champion of the hearing im- in conjunction with the Centers for 13(4) of the Public Buildings Act of 1959 (40 paired. Disease Control, is helping 17 states U.S.C. 612(4))); and We have a tendency to associate (ii) establishments in the judicial branch commit to achieving universal hearing of the Federal Government. hearing problems with the aging proc- screening by the year 2000. This plan (b) REDUCTION IN AGGREGATE OFFICE AND ess, and it is true that the largest will lead to the screening of more than STORAGE SPACE.—By the end of the third fis- group of Americans suffering from 1 million newborns a year, but it still cal year that begins after the date of enact- hearing impairment are those in the 65 leaves more than half the states with- ment of this Act, the Federal agencies re- to 75 year age range. At the other end out universal screening programs. ferred to in subsection (a)(1) shall, to the of the spectrum, however, approxi- The purpose of the bill I am intro- maximum extent practicable, collectively mately 1.5 to 3 out of every 1000 chil- ducing today is to provide the addi- reduce by not less than 10 percent the aggregate office and storage space used by the dren—or as many as 33 children per tional assistance necessary to help all agencies (regardless of whether the space is day—are born with significant hearing the states in implementing programs leased or owned) on the date of enactment of problems. According to the National to ensure that all our newborns are this Act. Institute on Deafness and Other Com- tested and to ensure that those identi- SEC. 6. DESIGN GUIDES AND STANDARDS FOR munication Disorders, as many as fied with a hearing impairment get COURT ACCOMMODATIONS. 12,000 infants are born each year in the help. Specifically, the bill: (a) REPORT.—Not later than 60 days after U.S. with some form of hearing impair- (1) Authorizes $5 million for the Sec- the date of enactment of this Act, the Ad- ment. retary of Health and Human Services ministrator, in consultation with the Direc- In the last several years, scientists to work with the states to develop tor of the Administrative Office of the have begun to tell us that the first United States Courts, shall submit a report early detection, diagnosis and inter- to the Committee on Environment and Pub- years of a child’s life are crucial to vention networks; lic Works of the Senate and the Committee their future development. This makes (2) Authorizes $5 million for the Cen- on Transportation and Infrastructure of the early detection and intervention of ters for Disease Control to provide House of Representatives that specifies the hearing loss a necessity if we are to en- technical assistance to State agencies characteristics of court accommodations sure that all our children get the and to conduct applied research related that are essential to the provision of due strong start they deserve. Currently, to infant hearing detection, diagnosis process of law and the safe, fair, and efficient the average age of diagnosis of hearing and treatment/intervention; and administration of justice by the Federal loss is close to three years of age. Yet (3) Authorizes $3 million for the Na- court system. tional Institutes of Health to carry out (b) DESIGN GUIDES AND STANDARDS.— it is believed that speech and oral lan- (1) DEVELOPMENT.—Not later than 180 days guage development can begin as early research on the efficacy of new screen- after the date of enactment of this Act, the as 6 months of age. Without early diag- ing techniques and technology. Administrator, in consultation with the Di- nosis and intervention, these children A baby born today will be part of this rector of the Administrative Office of the are behind the learning curve—lit- coutnry’s future in the 21st century. United States Courts and after notice and erally—before they have even started. Surely we owe it to that child to give opportunity for comment, shall develop de- They should not be denied a strong them a strong start on that future by sign guides and standards for Federal court start in life simply for the lack of a ensuring that if they do have a hearing accommodations based on the report submitted under subsection (a). In developing simple screening test. impairment it is diagnosed and treat- the design guides and standards, the Admin- There are many causes of hearing ment started well before their first istrator shall consider space efficiency and loss, and in many states a newborn year of life is completed. I urge my col- the appropriate standards for furnishings. child is screened only if the physician leagues to join me and Senator HARKIN (2) USE.—Notwithstanding section 462 of is aware of some factor that puts that in supporting the Early Hearing Loss title 28, United States Code, the design baby in a risk category. Our four Detection, Diagnosis and Intervention guides and standards developed under para- states—Rhode Island, Hawaii, Colo- Act of 1998.∑ graph (1) shall be used in the design of court rado, and Mississippi—currently re- ∑ Mr. HARKIN. Mr. President, I am accommodations. quire the screening of all newborns. in pleased to introduce, along with my SEC. 7. DESIGN OF FEDERAL COURTHOUSES. 16 other states, babies are screened colleague, Senator SNOWE, the ‘‘Early The Act entitled ‘‘An Act establishing a Hearing Loss Detection, Diagnosis, and Commission on Fine Arts’’, approved May 17, only if they are believed to be a risk. 1910 (36 Stat. 371, chapter 243; 40 U.S.C. 104), This screening process, while impor- Intervention Act of 1998.’’ is amended by inserting after the second sen- tant, detects only 50 percent—or half— The Early Hearing Loss Act would tence the following: ‘‘It shall be the duty of of the hearing problems in young chil- help States establish programs to de- the commission, not later than 60 days after dren. tect and diagnose hearing loss in every submission of a conceptual design to the Universal screening is not a new idea. newborn child and to promote appro- commission for a Federal courthouse at any As early as 1965, the Advisory Com- priate treatment and intervention for place in the United States, to provide advice mittee on Education of the Deaf, in a newborns with hearing loss. The Act on the design, including an evaluation of the report of the Secretary of Health, Edu- also would fund research by the Na- ability of the design to express the dignity, enterprise, vigor, and stability of the Amer- cation and Welfare, recommended the tional Institutes of Health to deter- ican Government appropriately and within development and nationwide imple- mine the best detection, diagnostic, the accepted standards of courthouse de- mentation of ‘‘universally applied pro- treatment and intervention techniques sign.’’.∑ cedures for early identification.’’ In and technologies. 1989, former Surgeon General C. Ever- Every year, about 12,000 children in By Ms. SNOWE (for herself and ett Koop used this year 2000 as a goal the United States are born with a hear- Mr. HARKIN): for identifying 90 percent of children ing impairment. Most of them will not S. 2483. A bill to establish programs with significant hearing loss before be diagnosed as hearing imparied until regarding early detection, diagnosis, they are one year old. And just last after their second birthday. The con- and interventions for newborns and in- year, the National Institutes of Health sequences of not detecting early hear- fants with hearing loss; to the Com- convened an expert panel at the Na- ing impairment are significant, but mittee on Labor and Human Resources. tional Institute on Deafness and Other easily avoidable. THE EARLY HEARING LOSS DETECTION, Communication Disorders, and the Late detection means that crucial DIAGNOSIS AND INTERVENTION ACT OF 1998 panel made a recommendation that the years of stimulating the brain’s hear- ∑ Ms. SNOWE. Mr. President, today I first hearing screening be carried out ing centers are lost. It may delay introduce the Early Hearing Loss De- before three months of age to ensure speech and language development. De- tection, Diagnosis and Intervention that treatment can begin before six layed language development can retard Act of 1998, which will serve as a com- months of age. a child’s educational progress, mini- panion bill to H.R. 2923, introduced in It is time to move beyond the rec- mize his or her socialization skills, and the House by Representative JIM ommendations and achieve the goal of as a result, destroy his or her self-es- WALSH. I am pleased to have, as the universal screening. In addition to the teem and confidence. On top of all that,

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10431 many children are diagnosed incor- ports that violent crime in 1996 was at cent shootings at schools across the rectly as having behavioral or cog- the lowest level since 1989, and that the country. While homicides at American nitive problems, simply because of overall crime rate was lower than any schools have remained relatively con- their undetected hearing loss. year since 1984. Preliminary figures for stant in recent years, the number of In 1988, the Commission on Education 1997 show that serious crime dropped students who have experienced a vio- of the Deaf reported to Congress that an additional four percent last year. lent crime in school increased 23 per- early detection, diagnosis, and treat- These are very good numbers. cent in 1995 compared to 1989. We need ment were essential to improving the Yet, according to recent reports in to make sure our children attend status of education for people who are the Los Angeles Times, people still feel school in a safe environment that fos- deaf in the United States. This Act is that crime is the number one public ters learning, not fear. our opportunity to finally implement policy issue that needs attention. The bill would provide COPS grants that common-sense recommendation. Americans still feel vulnerable to be- Mr. President, this Act would help coming crime victims, and want policy for school-based partnerships between states develop programs that many of makers to do more. Thus, even with schools and law enforcement to combat them already are working on; it would the decrease in crime rates, this is not school-related crime. It contains a pro- not impose a single federal mandate. the time to stop working on additional posal developed by Senator BINGAMAN Eight states already have mandatory ways to reduce crime. Senate Demo- to establish a School Security Tech- testing programs; nine others have leg- crats want to do more. We must do nology Center using expertise from the islation pending to establish such pro- more to ensure that the crime rates Sandia National Labs, and provide grams. Other states have achieved uni- continue their downward trend next grants from the Safe and Drug Free versal newborn testing voluntarily. year, the year after, and the years Schools Program enabling schools to These programs can work; they deserve after that. access technical assistance for school federal help. The Safe Schools, Safe Streets, and security. One of the highlights of my Congres- Secure Borders Act of 1998 builds on Federal Prosecution of Serious and sional career, indeed, of my life, has the successful programs we have imple- Violent Juvenile Offenders. The bill been working on policies and laws to mented in the 1994 Crime Law and ad- would also make important reforms to ensure that people with disabilities dresses emerging crime problems. The the federal juvenile system, without have an equal opportunity to succeed bill is comprehensive. It is realistic. It federalizing run-of-the-mill juvenile of- in our society. This is especially mean- is fully funded, without reaching into fenses and ignoring the traditional pre- ingful to me, because my brother any cookie jars. It is designed to be en- rogative of the States to handle the Frank became deaf as a child. acted, without partisan or ideological bulk of juvenile crime. One of the sig- I watched Frank grow up, and I saw controversy. In fact, the bill contains a nificant flaws in the Republican juve- how few options and support services number of initiatives that enjoy bipar- nile crime bill, S. 10, is that it would— were available for people who were tisan support. We have tried to avoid in the words of Chief Justice Rhenquist deaf. I remember the frustrations and the easy rhetoric about crime that —‘‘eviscerate this traditional deference challenges Frank faced, and I told my- some have to offer in this crucial area to state prosecutions, thereby increas- self early on that I would do all I could of public policy. Here is a chance to ac- ing substantially the potential work- to break down the barriers in our soci- tually make a difference. It is a ‘‘Can load of the federal judiciary.’’ The ety that prevented people who were Do’’ Act. Chief Justice has raised concerns about deaf from reaching their potential. By The Safe Schools, Safe Streets, and ‘‘federalizing’’ certain juvenile crimes supporting early screening, diagnosis, Secure Borders Act targets violent and has urged that ‘‘federal prosecu- and treatment programs, this Act crime in our schools, reforms the juve- tions should be limited to those of- would go a long way toward accom- nile justice system, combats gang vio- fenses that cannot and should not be plishing that goal. lence, cracks down on the sale and use prosecuted in the state courts.’’ The I would like to thank Senator SNOWE of illegal drugs, enhances the rights of Democratic proposals for reform of the for her hard work and support of this crime victims, and provides meaningful Federal juvenile justice system heed Act, and I hope our colleagues will join assistance to law enforcement officers this sound advice and respect our Fed- us in this worthy effort.∑ in the battle against street crime, eral system. international crime and terrorism. The By Mr. LEAHY (for himself, Mr. Act represents an important next step Among other reforms, the Safe DASCHLE, Mr. BIDEN, Ms. in the continuing effort by Senate Schools, Safe Streets, and Secure Bor- MOSELEY-BRAUN, Mr. KENNEDY, Democrats to enact tough, common- ders Act would allow federal prosecu- Mr. KERRY, Mr. LAUTENBERG, sense and balanced reforms to our tion of juveniles when the Attorney Ms. MIKULSKI, Mr. BINGAMAN, criminal justice system. That is why General certifies that the State cannot Mr. REID, Mrs. MURRAY, Mr. the International Brotherhood of Po- or will not exercise jurisdiction, or DORGAN, and Mr. TORRICELLI): lice Officers has endorsed this bill. when the juvenile is alleged to have S. 2484. A bill to combat violent and The bill has ten comprehensive titles committed a violent, drug or firearm gang-related crime in schools and on to address crime in our schools, crime offense. the streets, to reform the juvenile jus- on our streets, and crime on our bor- Prosecutors would be given sole, non- tice system, target international ders and abroad. I should note that the reviewable authority to prosecute as crime, promote effective drug and bill contains no new death penalties adults 16 and 17 year olds who are al- other crime prevention programs, as- and no new or increased mandatory leged to have committed the most seri- sist crime victims, and for other pur- minimums. We can be tough without ous violent and drug offenses. Limited poses; to the Committee on the Judici- imposing the death penalty, and we can judicial review is provided for prosecu- ary. ensure certain punishment without re- tors’ decisions to try as adults 13, 14 SAFE SCHOOLS, SAFE STREETS AND SECURE moving all discretion from the judge at and 15 year old juveniles, and 16 and 17 BORDERS ACT OF 1998 sentencing. year olds, who are charged with less se- Mr. LEAHY. Mr. President, today, Title I of the bill deals with proposals rious federal offenses. These juveniles joined by Senators DASCHLE, BIDEN, for combating violence in schools and are permitted under strict time limits MOSELEY-BRAUN, MURRAY, and other punishing juvenile crime. This title has to ask a judge for a ‘‘reverse waiver’’ Democratic Senators, I am introducing four subtitles dealing with assistance and transfer to juvenile, rather than comprehensive crime legislation, the to schools, reform of the federal juve- adult, status. Safe Schools, Safe Streets, and Secure nile system, assisting States on pros- Borders Act of 1998, to keep the crime ecuting and punishing juvenile offend- Assistance to States for Prosecuting rate in this country going down. Past ers and reducing juvenile crime, and and Punishing Juvenile Offenders, and Democratic anti-crime initiatives, protecting children from violence, in- Reducing Juvenile Crime. The bill such as the 1994 Violent Crime Control cluding violence from the misuse of would authorize grants to the States and Law Enforcement Act, have re- guns. for incarcerating violent and chronic sulted in an historic decrease in crime Assistance to Schools. Americans are juvenile offenders (with each quali- rates in the United States. The FBI re- dismayed and grief-stricken at the re- fying State getting at least one percent

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10432 CONGRESSIONAL RECORD — SENATE September 16, 1998 of available money), providing grad- into 2001 and 2002; increase the state manslaughter from 10 to 20 years, con- uated sanctions, reimbursing States for minimum for Violent Offender Incar- sistent with the Sentencing Commis- the cost of incarcerating juvenile alien ceration grants from .25 to .75 percent, sion’s recommendation, applies the offenders, and a pilot program to rep- establish a state minimum of .75 per- sentencing guidelines to all pertinent licate successful juvenile crime reduc- cent for Truth-in-Sentencing grants, federal statutes (such as criminal pro- tion strategies. and extend both these grant programs hibitions in statutes outside titles 18 Protecting Children from Violence. into 2001 and 2002; extend authorization and 21 of the United States Code), and The bill contains important initiatives for the Violence Against Women Act other improvements. to protect children from violence, in- (VAWA) funding and local law enforce- Civil Liberties: The bill includes the cluding violence resulting from the ment grant programs. ‘‘Hate Crimes Prevention Act,’’ which misuse of guns. Given the recent tragic A significant problem that arose this was originally introduced by Senator shootings committed by children, year was the loss of confidentiality KENNEDY and has the strong bipartisan Americans want concrete proposals to that had previously attached to the im- support of over twenty Members, and reduce the risk of such incidents recur- portant work of the U.S. Secret Serv- other initiatives designed to bolster ring. At the same time, I certainly do ice. The Departments of Justice and support for enforcement of civil rights. not want to demonize guns or the le- Treasury and even a former Republican These program initiatives are funded gitimate use of guns for protection and President advise that the safety of fu- by extending the Violent Crime Reduc- security or for sport. ture Presidents may be jeopardized by tion Trust Fund for two more years— The bill would impose a prospective forcing U.S. Secret Service agents to from downsizing the Federal Govern- gun ban for juveniles convicted or adju- breach the confidentiality they need to ment and not from touching the pro- dicated delinquent for violent crimes. do their job by testifying before a jected Federal budget surplus. It would require revocation of a fire- grand jury. I trust the Secret Service Title IV of the bill outlines a number arms dealer’s license for failing to have on this issue; they are the experts with of prevention programs that are crit- secure gun storage or safety devices the mission of protecting the lives of ical to reducing juvenile crime. These available for sale with firearms. The the President and other high-level programs include grants to youth orga- bill would enhance the penalty for pos- elected officials and visiting dig- nizations and ‘‘Say No to Drugs’’ Com- sessing a firearm during the commis- nitaries. I also have confidence in the munity Centers, reauthorization of the sion of a crime of violence or drug of- judgment of former President Bush, Runaway and Homeless Youth Act, fense and for violation of certain fire- who has written, ‘‘I feel very strongly Anti-Drug Abuse Programs and Local arm laws involving juveniles. In addi- that [Secret Service] agents should not Delinquency Prevention Programs. Ad- tion, the bill would authorize competi- be made to appear in court to discuss ditional sections include a program tive grant programs for establishment that which they might or might not suggested by Senator BINGAMAN to es- of juvenile gun courts and youth vio- have seen or heard.’’ tablish a competitive grant program to The Safe Schools Act provides a rea- lence courts. reduce truancy, with priority given to Title II of the bill addresses the prob- sonable and limited protective function efforts to replicate successful pro- lem of gang violence. We all share a privilege so that in the future Secret grams. concern about the growing gang prob- Service agents are able to maintain the The bill would also reauthorize the lem in our cities and in rural areas of confidentiality they say they need to Juvenile Justice and Delinquency Pre- this country. More than 665,000 gang protect the lives of the President, Vice vention Act (JJDPA) similarly to H.R. members belong to 23,000 youth gangs President and visiting heads of state. 1818, which passed the House by an This title of the bill includes a number in the United States, and the numbers overwhelming majority last year. This of provisions to address the following are growing. section creates a new juvenile justice This part of the bill would crack matters: block grant program and retains the Domestic violence: In addition to ex- down on gangs by making the inter- four core protections for youth in de- tending authorized funding for VAWA, state ‘‘franchising’’ of street gangs a tention, while adopting greater flexi- the bill would punish attempts to com- crime. It will also increase penalties bility for rural areas and modifies the mit interstate domestic violence, ex- for crimes during which the convicted pand the interstate domestic violence membership of the state advisory felon wears protective body armor or offense to cover intimidation, and pun- groups. uses ‘‘laser-sighting’’ devices to com- The Republican juvenile crime bill, ish interstate travel with the intent to mit the crime. The bill also doubles the S. 10, would gut these core protections kill a spouse. criminal penalties for using or threat- Protecting Law Enforcement and Ju- for juveniles in detention. Republican ening physical violence against wit- diciary: The Act recognizes that law sponsors of this bill have scrambled to nesses and contains other provisions enforcement officers put their lives on change this bill since they refused to designed to facilitate the use and pro- the line every day. According to the fix it during Committee mark-up, but tection of witnesses to help prosecute FBI, over 1,000 officers have been killed even as revised this bill remains seri- gangs and other violent criminals. For in the line of duty since 1980. The Safe ously flawed. A letter sent just last example, the bill would clarify that the Schools, Safe Streets, and Secure Bor- week from the National Collaboration federal gratuity statute does not apply ders Act contains provisions to protect For Youth (comprised of the American to cooperation agreements, contrary to the lives of our law enforcement offi- Red Cross, Big Brothers, Big Sisters, the Tenth Circuit’s recent Singleton cers by extending the Bulletproof Vest Boy and Girl Scouts of America, decision. The Act also provides funding Partnership grant program through United Way, the YMCA and the YWCA, for law enforcement agencies in com- 2003. It also establishes new crimes and and other prominent voluntary health munities designated by the Attorney increases penalties for killing federal and social welfare organizations), criti- General as areas with a high level of officers and persons working with fed- cized the revised S. 10 for being ‘‘ill- interstate gang activity. eral officers, including in the prison conceived’’ and for exposing youngsters Title III of the bill would set forth a context, and for retaliation against ‘‘to increased risk.’’ According to these number of initiatives in nine subtitles federal officials by threatening or in- experts who work intensively with to combat violence in the streets. The juring their family members. The Act children, S. 10 as revised ‘‘could iron- Safe Schools, Safe Streets, and Secure enhances the penalty for assaults and ically lead to more juvenile crime—not Borders Act continues successful ini- threats against Federal judges and less—if enacted.’’ The Democratic tiatives in the 1994 Crime Act by put- other federal officials engaged in their crime bill puts ideology aside, and fol- ting more police officers on our streets, official duties. lows the advice of these experts. providing for the construction of more Cargo/Property Theft: The bill also Title V of the bill contains six sub- prisons, preventing juvenile felons contains an important initiative pro- titles on combating illegal drug use. Il- from buying handguns, and increasing posed by Senator LAUTENBERG to deter legal drugs are too often at the heart of the security of women and children cargo thefts. crime. This Act would help break the against domestic violence. Specifically, Sentencing Improvements: This sub- cycle of drug use by criminals, requir- the bill would extend COPS funding title doubles the maximum penalty for ing States to test prisoners for drugs

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10433 and to provide drug treatment pro- as well as grants for obtaining state-of- hibiting fugitives from benefitting grams, so that the convicts would not the-art systems for providing notice. In from time served abroad fighting ex- return to the streets still addicted, and addition, this title would provide grant tradition; adding serious computer still caught up in a cycle of crime. It programs to study effectiveness of re- crimes as predicate offenses for which would protect our children by increas- storative justice approach for victims wiretaps may be authorized; and pro- ing penalties for selling drugs to kids and to study crimes against persons viding court order procedures for law and drug trafficking in or near schools, with developmental disabilities and for enforcement access to stored informa- and crack down on ‘‘club drugs.’’ It development of strategies to combat tion on computer networks. would go a step further and encourage such crimes. Finally, Title X contains provisions pharmacotherapy research to develop Title VIII of the bill details provi- to strengthen the air, land and sea bor- medications for the treatment of drug sions for combating money laundering. ders of this country. The bill would addiction, a proposal Senator BIDEN Crime increasingly has an inter- punish violence at the borders, increase has urged. It would fund drug courts, national face, from drug kingpins to which subject eligible drug offenders to millionaire terrorists, like Usama bin authority of maritime law enforcement programs of intensive supervision. This Laden. The money laundering provi- officers at the borders, increase pen- title also would reauthorize the Drug sions of this bill hit these international alties for smuggling contraband and Czar/Office of National Drug Control criminals where they live - in the pock- other products, strengthen immigra- Policy, as Senator BIDEN has rec- etbook. tion laws to exclude foreign fleeing fel- ommended in legislation he has intro- These provisions would prove to be a ons, and persons involved in racket- duced with bipartisan support. key tool in winning the war on drugs. eering and arms trafficking. Specific Title VI of the bill deals with crimi- We must have interdiction; we must sections include: punishing ‘‘port-run- nal history records and the use of new have treatment programs; we must tell ning,’’ which is driving or crashing technologies for law enforcement pur- kids to say ‘‘No’’ to drugs. But we have through Customs entry ports; sanc- poses. We can not underestimate the to do more, and taking the profit away tions for not cooperating with mari- usefulness of criminal history records, from the drug lords is an effective time law enforcement officers by ob- which can help solve crimes and help weapon. This Democratic crime bill structing lawful boarding requests and prevent crimes. The bill contains the would strengthen these laws. commands to ‘‘heave to’’; and denying ‘‘Interstate Identification Index’’(III) FBI Director Freeh recently testified admission into the U.S. of persons Compact to decentralize the FBI’s at a hearing before the Judiciary Com- whom consular officials have reason to maintenance of the national criminal mittee that enhanced money laun- believe are involved in RICO acts, arms history database and provide access to dering provisions would be an impor- trafficking, or alien smuggling for criminal history records for non- tant tool against the likes of inter- profit, or are fleeing foreign prosecu- criminal justice purposes in accordance national terrorists, such as bin Laden. tion. with state rules. This provision has bi- FBI Director Freeh praised the following provisions set forth in this title The Safe Schools, Safe Streets, and partisan support and has already Secure Borders Act is a comprehensive passed the Senate. of the bill. The compact is a reciprocal, vol- Fugitive Disentitlement to stop drug Act. Nothing in this bill is just for untary system of sharing criminal his- kingpins, terrorists and other inter- show or rhetorical flourish. Keeping tory records (including juvenile national fugitives from using our our schools safe, keeping our streets records) for noncriminal justice pur- courts to fight to keep the proceeds of safe, keeping our citizens safe when poses among the States and FBI that is the very crimes for which they are they go abroad, and keeping our bor- efficient, more accurate than the cur- wanted. Criminals should not be able ders secure are matters on which we rent system, promises to save money, to use our courts at the same time can and should make progress. I look and allows each participating State to they are evading our laws. forward to working for passage of as effectuate its own access policies. Immediate seizure of U.S. assets of many parts of this bill as possible in In addition, this title contains the foreign criminals, so terrorists and this Congress. ‘‘Crime Identification Technology drug lords will not be able to keep Mr. DASCHLE. Mr. President, today Act,’’ to provide $250 million each year their money one step ahead of the law Democrats in the Senate are intro- for five years in grants to States for enforcement. ducing a bill—The Safe Schools, Safe identification and communications Limits on Foreign Bank Secrecy to Streets, and Secure Borders Act of 1998, stop criminals from hiding behind for- systems and forensic labs. This legisla- which builds on a legacy of success eign bank secrecy laws while they use tion has strong bipartisan support and Senate Democrats have had in the area U.S. courts. has also already passed the Senate and of anti-crime legislation. is pending in the House. These and other money laundering Title VII of the bill is intended to in- provisions in the bill should find bipar- The Safe Schools, Safe Streets, and crease the right of victims who unfor- tisan support for quick passage before Secure Borders Act of 1998 continues tunately become involved in the crimi- the end of this Congress. successful initiatives in the 1994 Crime nal justice system. The criminal is Title IX sets forth important pro- Act, reforms the juvenile justice sys- only half of the equation. We would posals for combating international tem, combats gang violence, cracks guarantee the rights of crime victims. crime. In particular, the bill would down on the sale and use of illegal All States have some victims’ rights punish violent crimes or murder drugs, ensures the rights of crime vic- laws on the books, but they lack the against American citizens abroad, deny tims, and provides valuable tools to training and resources to make those safe havens to international criminals law enforcement officers as they battle rights a reality. This bill provides a by strengthening extradition, promote international crime and terrorism. cooperation with foreign governments model Bill of Rights for crime victims While this bill goes a long way to on sharing witnesses and evidence, and in the federal system, and makes avail- fight crime in our communities and streamline the prosecution of inter- able to the States grants to fund the protect our borders, today I want to national crimes in U.S. courts. Provi- hiring of State and Federal victim-wit- speak about the horrific and tragic ness advocates, training, and the tech- sions include: giving the FBI authority to investigate and prosecute the mur- acts of violence that have occurred in nology necessary for model notifica- no less than 14 of our nation’s schools tion system. This bill would make vic- der or extortion of U.S. citizens and over the past 18 months, most recently tims’ rights a reality. state and local officials involved in fed- Specifically, this title reforms federally-sponsored programs abroad; pro- as schools were preparing to close for eral law and evidence to enhance vic- viding for extradition under certain summmer recess, less than 100 miles tims’ participation in all stages of circumstances for offenses not covered from our Nation’s Capitol—in Rich- criminal proceedings by giving victims in a treaty or absent a treaty; giving mond, Virginia—and how this bill tar- a right to notice of detention hearings, the Attorney General authority to gets this school-based violent crime. plea agreements, sentencing, probation transfer and share witnesses with for- Over the past 18 months, 18 children revocations, escapes or releases from eign governments, and obtain and use and four adults have been killed as a prison, and to allocution at hearings, foreign evidence in criminal cases; pro- result of school shootings.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10434 CONGRESSIONAL RECORD — SENATE September 16, 1998 When is it going to stop? The nation ment agencies to put specially trained to prevent future acts of school vio- had seen enough when two students in community-oriented officers in lence. Jonesboro, Arkansas, ages 11 and 13, schools. We know from the success of There is much that divides our two began shooting during a false fire the COPS Program that a positive rela- parties. But the issue of our children’s alarm. Four girls and one teacher died tionship between the community and safety is—or should be—one area on on that terrible day in March. Since law enforcement is critical to success- which we can agree. We must protect then, 8 more have fallen prey to these ful crime prevention. This approach our children from violence and prevent school killings. will also benefit schools by providing our children from becoming violent. The number of students who have ex- additional protection and adult super- ∑ Mr. KERRY. Mr. President, I want to perienced a violent crime in school vision to curb violence in schools. In voice my strong support for the tough, continues to rise, with a 23 percent in- addition, this bill creates a School Se- common sense approach to fighting crease between 1989 and 1995. curity Technology Center to serve as a crime that is embodied in the ‘‘Safe Mr. President, if we are looking for national resource to local schools try- Schools, Safe Streets, and Secure Bor- reasons why our schools erupted in ing to make their schools as safe as ders Act of 1998’’. I want to urge every gunfire this year, we need only look at possible for students. one of my colleagues—Democrat and the annual survey released recently by The PRIDE survey contained some Republican—to stand behind this bill the PRIDE organization, a respected hopeful news as well, Mr. President. and in the closing weeks of this Con- non-profit group that works with While drug use is still dangerously gress to pass these measures to protect young people and their families and high, this past school year, for the first Americans from the crime in our communities to create drug-free and time in seven years, the use of alcohol, streets, in our schoolyards, and around safe environments. Their annual tobacco, and other drugs by young peo- the world. With lives on the line, there PRIDE surveys have been used by 5,500 ple decreased across the board. Stu- is no time to wait, no time to hesitate, schools, the Office of National Drug dents who were heavily involved in and no time to be partisan. Control Policy’s Performance Measures after-school activities were more than Four years ago we came together and of Effectiveness, and this Congress to twice as likely to stay away from drugs passed a crime bill that was tough on monitor student drug use. than students who never participated crime and smart on prevention. I am The results of the latest PRIDE sur- in these activities. proud to have helped lead the fight four vey are appalling. Almost a million Mr. President, we should support years ago to put 100,000 cops on the students—some as young as 10—carry after-school programs. Let’s give our street, and now it’s working. Crime is guns to school. kids coaches and mentors now—and down 22% in Massachusetts and com- Even worse, half the students car- they won’t need wardens and judges munities tell you it’s because we’ve re- rying guns are also carrying grudges— later. stored the notion of community polic- over half said they had threatened a Our bill will protect children from ing. In Boston, juvenile crime is down teacher, and almost two-thirds had becoming crime victims by providing to levels we haven’t seen since the threatened to harm another student. additional funding for proven preven- 1950’s—and Mayor Tom Menino is prov- What’s more, these students are tion programs in crime-prone areas and ing that a combination of tough pun- bringing other problems. creating after school ‘‘safe havens’’ ishment and outreach to at-risk young Nearly two-thirds are monthly users where children are protected from people is a prescription for safety, a of illicit drugs, such as cocaine, heroin, drugs, gangs and crime with activities prescription for crime prevention. None marijuana, and methamphetamine. Ac- including drug prevention education, of this would have been possible if this cording to Dr. THOMAS J. Gleaton, one academic tutoring, mentoring, and ab- Senate hadn’t come together to get se- of the authors of the study, this means stinence training. rious about crime. Now in America we that, on average, for every classroom We recognized the importance of need to get serious again about crime in every school building in America, community involvement when we prevention. one student showed up with a gun this passed a bill that I joined my col- This crime bill continues to build on year. Out of these students, two-thirds leagues in introducing—the Drug-Free the achievements of the 1994 Crime were using drugs regularly and car- Communities Act. That bill recognized Bill, focusing on the new epidemic of rying grudges. Add together this vola- that the entire community must be- crime in our schools, flaws in the juve- tile mix of drugs, guns, and hostility, come involved to prevent the prolifera- nile justice system, the crisis of gang and the result is what we have seen tion of drugs. violence, and the sale and use of illegal this year. This year, let’s increase our support drugs. We wrote this bill keeping in If you are not moved by the statis- and encouragement for prevention pro- mind both those we are fighting for and tics, look at the shootings. Look at the grams that include parents and chil- those who lead the fight in our horror visited on those school children dren, law enforcement and teachers, streets—that’s why it enhances the in Rhode Island, Oregon, Washington, mentors and coaches. rights of victims and gives more tools Arkansas, Virginia, Kentucky, and I wish the events of the last 18 to law enforcement officers as they Tennessee. Look at Texas, or Mis- months told a different story, but un- take on international crime and ter- sissippi, Missouri or California, or the fortunately it has become evident that rorism. tragic events last year in Alaska. This some safeguards are needed. If you From expanding the COPS Program, is a national plight afflicting all our doubt that, look at what happened in providing additional funds for prisons communities. As leaders of our nation, Greensboro, North Carolina, just four and jails, helping the fight against vio- we should all be saddened and discour- months ago when Carlos Gilmer was lence against women, and creating aged by our lack of attention to this accidentally shot and killed at his partnerships between schools and law critical problem. sixth birthday party after he and his enforcement agencies, this bill targets How many more children must die four-year-old playmate found a loaded resources on the ground where they’re before we face up to this crisis? gun in a purse. needed the most. This bill is smart and How can we provide our children with No new crime bill program, by itself, tough when it comes to building a bet- hope for tomorrow if they fear for their will solve this problem of youth vio- ter juvenile justice system—giving fed- life today? lence. But, we can do something. We eral prosecutors the authority to pros- I can think of no other issue closer to know some things that work. ecute some juvenile criminals as adults the hearts and minds of the American How will we feel if there is another when they commit the most heinous of people than the safety of our children. Jonesboro, or Springfield? How will we crimes; banning gun purchases by juve- Mr. President, we know some things look at ourselves if we have not done niles who have been convicted of vio- work to prevent youth violence, and we everything in our power to prevent lent crime; and providing the badly have included these measures in our such a tragedy? Let us act now, so we needed funds for youth violence courts. bill. won’t have to face those questions. The These measures respond to the demand This bill will establish partnerships Safe Schools, Safe Streets, and Secure from those brave social workers, pros- between schools and local law enforce- Borders Act of 1998 will go a long way ecutors, and police working on juvenile

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10435 crime at ground zero with inadequate violence against women, will provide Extending the COPS program and mak- resources. additional grants dedicated to the ar- ing more funds available to commu- This bill also represents a critical re- rest and prosecution of batterers, shel- nities to combat school violence will sponse to the crisis of international ter for 400,000 abused women and their free the hands of local law enforcement crime and terrorism. Mr. President, we children, and continued access to the and give them the opportunity to de- are facing a threat that is global in na- National Domestic Violence Hotline. velop new and innovative ways of re- ture: transnational crime organiza- These initiatives are paramount in en- ducing youth crime. tions that closely resemble multi- suring safety from crimes committed Finally, this legislation seeks to national corporations; terrorist organi- within the home. place reasonable, Constitutional re- zations that have pledged to send more And there are other parts of this leg- strictions on gun purchases and gun and more Americans home in body- islation that I believe are especially ownership. It would ban prospective bags. This bill does more than send the poignant given the latest outbreak of gun purchases by juveniles who have message that we won’t tolerate ter- violence in our nation’s schools. This been adjudicated delinquent or con- rorism—it makes it clear that we’re legislation finally brings the juvenile victed of violent crimes and would re- going to give our law enforcement per- justice system up to date with the ju- quire gun dealers to make gun safety sonnel the tools to stop terrorists dead venile crime of the day, by giving Fed- devices available for sale or have their in their tracks. eral prosecutors sole, nonreviewable licenses revoked. It would also impose Mr. President, the clock is ticking on authority to prosecute 16 and 17 year tougher penalties for possession of this Congress. But even louder is the olds as adults when they are alleged to guns during the commission of a crime ticking time-bomb of crime in our have committed the most serious fed- of violence or drug offense. schools, violence in our streets, and eral violent and drug offenses. It would Overall, this bill provides a holistic terrorism abroad. This Senate has the also provide grants to States to incar- response to the varied nature of crime chance to act decisively to pass the cerate violent juvenile offenders, estab- being committed at home and abroad ‘‘Safe Schools, Safe Streets, and Se- lish graduated sanctions, and encour- against American citizens. It is a sen- cure Borders Act’’ to fight crime, to age pilot programs to replicate suc- sible approach to a devastating prob- defuse the threats before this nation. cessful juvenile crime reduction strate- lem. I urge my colleagues to support We have no reason to stall. The time is gies. A proposal to further curb the this legislation, and to push for its im- now to move forward with measures threat of gang violence and crime and mediate passage.∑ that are smart, tough, and effective.∑ to reduce the drug-related crime has ∑ Mr. BINGAMAN. Mr. President, I rise ∑ Ms. MOSELEY-BRAUN. Mr. Presi- also been included in this bill. Finally, in support of the Safe Schools, Safe dent, I am pleased to join my col- this legislation would provide grants Streets, and Secure Borders Act of 1998 leagues, Senators DASCHLE, BIDEN and for juvenile gun and youth violence introduced by my colleague, Senator LEAHY, in introducing the Safe courts, and for truancy prevention and LEAHY. I urge all my Senate colleagues Schools, Safe Streets, and Secure Bor- comprehensive delinquency prevention to support it as well. ders Act of 1998. This comprehensive activities. Mr. President, there no doubt are legislation, which will add to the suc- I am most pleased, however, that this many issues that are on the minds of cess of the 1994 Crime Bill, is based on legislation contains two provisions Americans. Certainly, crime, particu- a tough, common-sense strategy: Put that were included in my Safe Commu- larly juvenile crime, delinquency and more police officers on the street, build nities and Schools Act, which I intro- drug and alcohol abuse, are issues that more prisons for violent offenders, take duced early this month. That legisla- I hear most about when I am in my guns out of the hands of felons, and tion, which has been incorporated into home state of New Mexico. Although protect families from the scourge of this bill, will help put an additional recent crime statistics shows a clear domestic violence. 25,000 police officers on the street and downward trend in crime on our na- In the wake of the historic 1994 Crime create new grants under the COPS pro- tion’s streets, crime reduction must re- bill, we have seen a dramatic decline in gram for school and local law enforce- main a priority at the federal level. crime rates across the nation. In 1996, ment efforts against school-yard vio- This bill comprehensively addresses we experienced the lowest violent lence. the problem of juvenile crime, and it crime rate since 1989. On the whole, the As you know, the COPS program has strikes a balance between the need to overall crime rate was lower than any played a vital role in reducing our na- deal with serious juvenile offenders in year since 1984. And it appears that we tion’s crime rate. Since inception of a swift and meaningful way and the will continue in this success: Prelimi- the program in 1994, the Department of clear, practical necessity to prevent nary figures released by the Federal Justice has authorized an additional our youth from getting in trouble in Bureau of Investigation show that na- 76,000 police officers to walk the beat. the first place. tionwide, serious crime dropped an ad- These additional police officers have I am delighted that the managers of ditional four percent in 1997. been instrumental in helping reduce this bill have included two separate While these numbers are impressive, crime and making people feel safe in bills which I previously introduced, and recent events have shown that there is their communities. I thank Senator LEAHY for his accom- still much that must be done in order For example, in my home state of Il- modation. The first, my Truancy Pre- to equip our nations law enforcement linois, the COPS program, which has vention and Juvenile Crime Reduction agencies and local communities with put 4,113 police officers on streets Act, deals with the problem of truancy, the tools they need to address the lat- across the state, has been extremely ef- which long has been neglected as a root est scourge of violence in our schools, fective. Between the time that the cause of juvenile crime. The second, in our nation’s embassies around the Crime Bill was passed and the end of my Safe Schools Security Act of 1998, world, and at our borders. This multi- last year, serious crime fell by 17 per- addresses the problem of school vio- faceted legislation has many well-writ- cent. Recent statistics show that for lence and provides resources, such as ten, well-thought out proposals which I the first six months of 1998, serious technical expertise and security tech- believe greatly help our nation con- crime throughout Illinois is down 2.8 nology, to schools that are experi- tinue winning the fight against crime percent over 1997. encing the most serious problems in and terrorism in our ever-changing Despite the positive gains that have their schools. world. been made in the wake of the 1994 Om- I first want to discuss truancy, which Among the many parts of this legis- nibus Crime bill, the latest influx of vi- not many people realize is the top- lation, I am most excited about addi- olence in our nation’s schools is evi- ranking characteristic of criminals. tional funding for continuing the fight dence that their is still much work to High rates of truancy directly are against domestic violence. We first be done. Although we are seeing record linked to high daytime crime rates, in- took up this issue with the historic reductions in the incident of youth-on- cluding violence, burglary and van- passage of the Violence Against Women youth crime, the extremely violent na- dalism. As much as 44 percent of vio- Act. This legislation, which improves ture of crimes now being committed by lent juvenile crime takes place during on our commitment to fighting against juveniles is nothing short of stunning. school hours, and as much as 75 percent

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10436 CONGRESSIONAL RECORD — SENATE September 16, 1998 of children ages 13 to 16 who are ar- can and should do much more to keep down 30 percent, theft from vehicles rested and prosecuted for crimes are our school safe. parked in the school parking lot is truants. It is startling to know that Recently, the Department of Edu- down 80 percent, vandalism is down 75 some cities report as many as 70 per- cation released the results of a com- percent. These statistics are compel- cent of daily student absences are un- prehensive study called Violence and ling, and with this level of success al- excused, and the number of absences in Discipline Problems in U.S. Public ready demonstrated, the effort should single city can reach 4,000 Schools: 1996–97. The study shows that be expanded to allow more schools to Moreover, society pays a very heavy 10 percent of schools surveyed had at access the expertise and technology. social and economic price due to tru- least one serious violent crime during This technology is not cheap, and ancy. Only 34 percent of inmates have the 1996–97 school year. Also, during schools already are challenged to pur- completed high school education, and the 1996–97 school year, approximately chase basic educational materials and we all are well aware of the staggering 4,000 incidents of rape or other types of equipment. However, I believe that costs associated with incarcerating an sexual battery were reported in public with the right technical assistance and individual. Sadly, as many as 17 per- schools across the country. Addition- technology, not only will this help cent of youth under the age of 18 that ally, there were approximately 11,000 schools become safe for the children, enter adult prisons have not completed incidents of physical attacks or fights but schools will save money. Incred- eighth grade, 75 percent have not com- in which weapons were used and ap- ibly, the Belen school principal, Ron pleted 10th grade. proximately 7,000 robberies in schools Marquez, reported to me that before Most studies indicate that when par- that year. the pilot went into effect, Belen high ents, schools, law enforcement and As grim as the statistics are, we also school had approximately $50,000 per community leaders all work together must recognize the emotional effect year in losses due to stolen school to prevent truancy, to intervene at its that school crime has on our children. property. One year after the pilot, early stages, and to create meaningful According to a separate study, 29 per- Belen has had only $5,000 in insurance accountability, we can increase school cent of elementary, 34 percent of junior claims. The savings translates into, for attendance and reduce daytime crime high, and 20 percent of high school stu- example, less cost to repair vandalized rates. dents say they are worried about be- property, or property that has been de- One such program is the Daytime coming victims of crime at school. Sev- faced by graffiti. Curfew Program in Roswell, New Mex- enty-one percent of children ages 7 to We must take advantage of this suc- ico, and the Truancy Intervention 10 say they worry they might get shot cess and put this expertise to use where Project in Fulton County, Georgia, ad- or stabbed at school. I cannot imagine it certainly will have very positive re- ministered by Judge Glenda Hatchett. how a child can be expected to achieve sults. Another successful program included in up to his or her potential if they are One other provision in this bill that I this Act is the Grade Court, which is worried about their physical safety. believe will make a tremendous dif- Farmington, New Mexico, administered Clearly, we must respond, and I believe ference to communities that are strug- by Judge Paul Onuska. All of these this is an area in which we can make a gling to reduce juvenile crime is the programs integrate parental involve- significant difference, and we should provision that allows communities to ment with schools, law enforcement, take advantage of the resources we replicate proven juvenile crime reduc- judiciary, and other community stake- presently have to address this problem. tion strategies. Specifically, this bill holders in a collaborative effort to re- Many people are familiar with the provides resources to communities that duce truancy and juvenile crime. These fine work of our National Laboratories, collaborate with local, state, and fed- are the kinds of programs I believe we which for decades have been leaders in eral agencies to address the juvenile should be encouraging, but unfortu- energy and defense research and devel- crime problem. In my state of New nately we in the Congress have not yet opment. These Labs have many years Mexico, we are helping bring together met the challenge. of experience supporting and helping to community leaders, schools, judges, This Act authorizes $25 million per protect high-risk facilities and assets law enforcement agencies, prosecutors, year targeted at building upon integral for the Department of Energy, the De- and grass-roots community organiza- partnerships between local govern- partment of Defense, the Department tions in order to develop and implement, schools, law enforcement, and of State, and many other federal agen- ment the Boston Strategy to Reduce the courts. Without a doubt, $25 mil- cies in some capacity, through the use Juvenile Violence. As anyone would lion is a very small price to pay when of security technology. The result of agree, when community leaders work you consider the dividends we expect this capability is that our nation’s gov- and communicate with one another on when young people stay in school and ernment facilities enjoy some of the a common problem, usually good out of trouble. finest security and safety programs in things. The City of Boston has had The Youth Law Center, the Chil- the world. This expertise should be great success in reducing its violent dren’s Defense Fund, and the National fully utilized to improve the safety of crime rate. For example, after being at Network for Youth, which has more our schools. or near the top of the list among cities than 500 community youth-serving or- Alreacy Sandia Laboratories has in terms of homicide, Boston’s juvenile ganizations and personnel nationwide taken the initiative. Two years ago homicide rate dropped to zero, and its all agree with the importance of com- Sandia began a pilot project at Belen overall homicide rate dropped by sixty bating truancy and enthusiastically High School in New Mexico, whereby percent between 1995 and 1997. have voiced their support for this ini- Sandia security experts implemented a There is clear value to helping com- tiative. security regimen and installed a vari- munities do the same kinds of things, The second provision of this bill I ety of security technology. Sandia is and this bill helps in a substantial way. would like to discuss deals with the the first to admit that they do not I thank Senator LEAHY for his hard safety of our public schools. We spend a know the first thing about running a work to craft this important legisla- great deal of time here talking about public school, and Belen readily will tion and Senator DASCHLE for his lead- improving academic achievement of admit to a lack of expertise in secu- ership, and I am very pleased to sup- our nation’s school children, and I be- rity. Nevertheless, the match was per- port it.∑ lieve we are making great progress. I fect. Working together, Sandia and also believe, however, that we cannot Belen high school officials changed the By Mr. GORTON: expect a child to perform up to his or school by utilizing a comprehensive se- S. 2485. A bill to amend the title XIX her potential in an environment in curity design and technology, includ- of the Social Security Act to allow which they cannot feel safe and secure. ing cameras, metal detectors, and sen- States to use the funds available under Obviously, a learning environment has sors. the State children’s health insurance to be a safe environment. However, re- The results are very impressive. program for enhanced matching rate cent tragedies in Mississippi, Arkansas, Since the pilot project was imple- for coverage of additional children Kentucky, Pennsylvania, and Oregon, mented at the school, on-campus vio- under the medicaid program; to the for example, strongly suggest that we lence is down 75 percent, truancy is Committee on Finance.

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10437 CHILDREN’S HEALTH EQUITY ACT to improve access to health insurance go a long way in meeting our shared ∑ Mr. GORTON. Mr. President, last for low income children in Washington goal of guaranteeing access to quality, year, Congress and the President State. This bill would amend the State and affordable health care for all chil- agreed to provide $48 billion over the Children’s Health Insurance Program dren.∑ next 10 years as an incentive to states (SCHIP) to allow our State access to to provide health care coverage to un- their allotment of federal funds to pro- By Mr. ASHCROFT: insured, low-income children. To re- vide health coverage to an additional S. 2487. A bill to amend the Equal Ac- ceive this money, states must expand 90,000 eligible children. cess Act to provide equal access for ele- eligibility levels to children living in This is not an effort to supplant state mentary and secondary school groups families with incomes up to 200% of the funds. This does not take funds from to expense reimbursement and mate- federal poverty level. other states. It simply allows Wash- rials, and to provide equal access for Washington State has a strong record ington to access their allotment of community groups to meeting space; to of ensuring that its low-income kids SCHIP funds to cover those children the Committee on Labor and Human have access to health care. Four year who currently lack any health secu- Resources. ago, my state decided to do what Con- rity. Because of their lack of access to EQUAL ACCESS IMPROVEMENT ACT gress and the President have just last health insurance, these children have Mr. ASHCROFT. Mr. President, I rise year required other states to do. In little or no access to health care and today to introduce a bill that furthers 1994, Washington expanded its child no access to preventive services. an important object of government— Medicaid eligibility level to 200% of the These are children whose parents promoting religious liberty and the federal poverty level (FPL) all the way work hard but do not have access to free exercise of religion. Specifically, I through to the age of 18. health insurance or cannot afford the rise to introduce the Equal Access Im- During the negotiations of the 1997 cost of premiums. These parents work provement Act, a bill that would en- Balanced Budget Act (BBA), Congress hard and pay taxes, unfortunately they sure that benefits currently provided and the Administration recognized have little discretionary income to to non-curricular school groups and that certain states were already under- provide important health security for community groups be extended on a taking Medicaid expansions up to or their children. non-discriminatory basis to all groups above 200 percent of FPL, and that Last year, this Congress made a com- without regard to the religious nature they should be allowed to use the new mitment to cover the 10 million unin- of the organization. This bill reflects and reinforces an SCHIP funds. Unfortunately, this pro- sured children in this country. The important principle that pervades the vision was limited to those states that Balanced Budget Act of 1997 included Supreme Court’s decisions concerning enacted expansions on or after March an expansion in children’s health insur- religious liberty—the principle of non- 31, 1997 and disallowed Washington ance benefits as a down payment on meeting the needs of these 10 million discrimination. The Supreme Court has from accessing the $230 million in recognized again and again that neu- SCHIP funds it had been allocated vulnerable children. This Congress took the right step in working to tral laws that provide benefits without through 2002. As a result, Washington achieve the goal of guaranteeing every regard to the religious nature of recipi- State cannot use its SCHIP allotment child in this country a healthy child- ents do not run afoul of our constitu- to cover the 90,000 children currently hood. What we are attempting to do in tional traditions. What is more, laws eligible, but not covered for health this legislation that we are introducing that specifically exclude religious enti- care at or below 200 percent of poverty. today, is to honor this commitment to ties from a class of beneficiaries are in- Exacerbating this inequity is the fact the children in Washington State. consistent with our Constitution’s that many states have begun accessing In 1994 Washington State stood up for guarantee of the free exercise of reli- their SCHIP allotments to cover kids our vulnerable children. We imple- gion. Laws that discriminate against at poverty levels far below Washing- mented an expansion in our Medicaid specific religions or against religious ton’s current or past eligibility levels. program to cover children up to 200% organizations in general are incompat- The bill I am introducing today, of poverty. We knew at the time that it ible with our nation’s founding docu- along with Senator MURRAY, corrects was a huge undertaking, but we recog- ment and with a fundamental respect this technicality and is a top priority nized that investing in our children’s for people of faith. for the Washington State delegation as health was a wise investment. Because The bill would ensure that student we near the end of the 105th Congress. of the final language adopted in the prayer clubs are provided the same ac- Congresswoman DUNN has also intro- Balanced Budget Act, Washington cess to school facilities as other non- duced a companion measure in the could not access their SCHIP funds to curricular school clubs. Our schools re- House of Representatives that is co- cover newly enrolled children below flect many of the problems that plague sponsored by the entire Washington the 200% of poverty threshold and our larger culture. Just as in the larger delegation. above the federal Medicaid require- culture, prayer can play an inimitable This bipartisan, bicameral initiative ment. role in dealing with violence, drugs, represents a thoughtful, carefully- As a result, Washington State was and the other challenges in the schools. crafted response to the unintended con- penalized for being a leader in chil- Denying access to school facilities for sequences of SCHIP and brings much- dren’s health. We are here today pro- student prayer groups, while similar needed assistance to children currently posing a technical fix that rewards groups are granted access, sends pre- at-risk. Rather than simply changing Washington State and allows them to cisely the wrong message. Prayer is an the effective date included in the BBA, cover an additional 60,000 to 90,000 chil- answer. Prayer is not the problem. this initiative includes strong mainte- dren. This is not done at the expense of There is no reason to deny benefits to nance of effort language as well as in- other States, but rather by using a group because they engage in prayer centives for our state to find those Washington’s existing allotment. or because they have some other reli- 90,000 uninsured kids because we feel I can assure my colleagues that gious component. strongly that they receive the health Washington State will honor our com- Nothing in this bill provides any spe- coverage for which they are eligible. mitment to our children. But without cial treatment to religious groups. The This bill does not take money from access to these funds, enrolling these bill removes discrimination against re- other states nor does it provide addi- children will be almost impossible. If ligious groups and religious activities. tional federal subsidies for children the we all share the same goal of insuring It does not introduce any new discrimi- state is now covering, it simply allows these 10 million children, we must nation in favor of religious groups. The Washington to continue to do the good enact this legislation. The health care bill enshrines the principal of neu- work they have already started by fo- needs of low income children in Wash- trality that is at the heart of the Con- cusing on new, uninsured children at ington are just as great and just as im- stitution’s guarantees of religious lib- low income levels first.∑ portant as they are for low income erty. ∑ Mrs. MURRAY. Mr. President, I am children in other states. The Equal Access Improvement Act pleased to join with my colleague Sen- I am hopeful that we can act on this builds on the work of the 98th Con- ator GORTON in introducing legislation legislation. This technical remedy will gress, which passed the original Equal

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10438 CONGRESSIONAL RECORD — SENATE September 16, 1998 Access Act. The bill extends those pro- There being no objection, the bill was school or secondary school from granting or visions to reflect subsequent Supreme ordered to be printed in the RECORD, as denying a request to distribute newsletters Court and lower court decisions and to follows: or other written materials pursuant to a reflect the experience we have had with neutral policy that— S. 2487 ‘‘(A) is administered without regard to the the Equal Access Act in the last four- Be it enacted by the Senate and House of Rep- religious, political, philosophical, or other teen years. I have consulted with orga- resentatives of the United States of America in content of the speech or activity engaged in nizations and individuals who have liti- Congress assembled, by the student group or student making the gated cases under the Equal Access Act SECTION 1. SHORT TITLE. request; and and incorporated many of their sugges- This Act may be cited as the ‘‘Equal Ac- ‘‘(B) imposes reasonable time, place, and tions for improving the law. cess Improvement Act’’. manner restrictions on the distribution of Specifically, the bill extends the ex- SEC. 2. EQUAL ACCESS TO EXPENSE REIMBURSE- newsletters or other written materials con- isting law’s provision ensuring equal MENT. sistent with the first and 14th amendments access to meeting space to include (a) IN GENERAL.—Section 802 of The Equal to the Constitution.’’. equal access to school facilities, in- Access Act (20 U.S.C. 4071) is amended— SEC. 4. EQUAL ACCESS FOR COMMUNITY cluding expense reimbursement. Just (1) by redesignating subsections (d) GROUPS. through (f) as subsections (g) through (i), re- (a) IN GENERAL.—Section 802 of The Equal as a school prayer club should not be spectively; and Access Act (20 U.S.C. 4071) is amended by in- denied access to a class room when it is (2) by inserting after subsection (c), the serting after subsection (e), as added by sec- open to the chess club, so too if the following: tion 3, the following: school pays to print a newsletter or ‘‘(d)(1) Subject to subsection (i), it shall be ‘‘(f)(1) Subject to subsection (i), it shall be pays for refreshments for one club, it unlawful for any public intermediate school unlawful for any public elementary school, should not discriminate on the basis of or secondary school that— intermediate school, or secondary school the religious content of the group’s ‘‘(A) receives Federal financial assistance; that— speech or activities. In the same way ‘‘(B) maintains a limited open forum as de- ‘‘(A) receives Federal financial assistance; and that the original Equal Access Act ex- scribed in subsection (b); and ‘‘(C) provides for the reimbursement of the ‘‘(B) has a limited community forum with tended and reinforced the Supreme expenses of one or more noncurriculum-re- respect to noncurriculum-related commu- Court’s decision in Windmar v. Vincent, lated student groups or students pursuing nity groups or individuals from the commu- 454 U.S. 263 (1981), beyond the public noncurriculum-related activities; nity pursuing noncurriculum-related activi- university context, this legislation to deny equal treatment, to any student ties as described in paragraph (2); would extend and reinforce the Su- group or student, respectively, seeking reim- to deny equal access to, or discriminate preme Court’s decision in Rosenberger bursement for similar expenses, on the basis against, any community group or any indi- v. Rector and Visitors of the University of of the religious, political, philosophical, or vidual from the community, respectively, Virginia, 515 U.S. 819 (1995). other content of the speech or activity en- who desires to conduct a meeting, or other- The legislation also guarantees stu- gaged in by such student group or student, wise use school facilities, within that lim- dents a right to distribute literature respectively. ited community forum, on the basis of the religious, political, philosophical, or other without regard to the religious content ‘‘(2) Nothing in this subsection shall be construed to prevent a public intermediate content of the speech or activity engaged in of the literature. It guarantees access school or secondary school from granting or by such community group or individual, re- to community groups to school facili- denying a reimbursement request pursuant spectively. ties on an equal basis without regard to a neutral policy administered without re- ‘‘(2) In this subsection, a public elementary to the religious character of the group. gard to the religious, political, philo- school, intermediate school, or secondary Finally, the legislation extends equal sophical, or other content of the speech or school has a limited community forum if access guarantees to intermediate activity engaged in by the student group or such school grants an offering to or oppor- school students. student seeking the reimbursement.’’. tunity for one or more noncurriculum-re- Let me emphasize that this bill, like (b) CONSTRUCTION.—Subsection (g) of sec- lated community groups or individuals from tion 802 of The Equal Access Act (20 U.S.C. the community pursuing noncurriculum-re- the original Equal Access Act, creates lated activities to meet on school premises no obligation for a school to provide 4071), as amended in subsection (a), is further amended— or otherwise use school facilities during non- meeting space or other facilities to any (1) in paragraph (3), by inserting after ‘‘be- instructional time. non-curriculum based group or any yond’’ the following: ‘‘the reimbursement of ‘‘(3) Nothing in this subsection shall be community group. The legislation sim- expenses on a nondiscriminatory basis as construed to prevent a public elementary ply provides that if a school does make provided for in subsection (d), and payment school, intermediate school, or secondary its facilities available to non-cur- of’’; school from granting or denying a request by riculum based groups or to community (2) in paragraph (4), by inserting ‘‘or activ- a community group or individual from a ity’’ after ‘‘meeting’’ each place it appears; community to meet on school premises or groups, then the school cannot dis- otherwise use school facilities pursuant to a criminate against other groups on the and (3) in paragraph (5), by inserting ‘‘or activi- neutral policy administered without regard basis of the religious content of their ties’’ after ‘‘meetings’’. to the religious, political, philosophical, or speeches or activities. What is more, other content of the speech or activities en- SEC. 3. EQUAL ACCESS FOR DISTRIBUTION OF the legislation expressly preserves the MATERIALS. gaged in by the community group or indi- ability of schools to enforce content- Section 802 of The Equal Access Act (20 vidual. ‘‘(4) In this subsection, the term ‘elemen- neutral policies denying or limiting ac- U.S.C. 4071) is amended by inserting after tary school’ means a school that provides el- cess to all groups. subsection (d), as added by section 2, the fol- ementary education, as defined by State Passage of this legislation would lowing: ‘‘(e)(1) Subject to subsection (i), it shall be law.’’. have many benefits. However, none (b) CONSTRUCTION.—Subsection (g) of sec- unlawful for any public intermediate school more important than to reinforce the tion 802 of The Equal Access Act (20 U.S.C. or secondary school that— principle that nothing in the Constitu- 4071), as amended in section 2, is further ‘‘(A) receives Federal financial assistance; amended— tion requires—or permits—the govern- ‘‘(B) maintains a limited open forum as de- (1) in paragraph (3), by inserting ‘‘or meet- ment to discriminate against groups on scribed in subsection (b); and ings initiated by a community group or indi- the basis of the religious nature of ‘‘(C) permits one or more noncurriculum- vidual from a community’’ after ‘‘student- their speech or activities. As the Su- related student groups or students pursuing initiated meetings’’; and noncurriculum-related activities to dis- preme Court recognized long ago, when (2) in paragraph (6), by inserting ‘‘or com- tribute newsletters or other written mate- the government accommodates reli- munity groups’’ after ‘‘groups of students’’. rials; gious practice and eliminates discrimi- SEC. 5. EXTENSION OF EQUAL ACCESS GUARAN- nation based on religion ‘‘it follows the to deny equal treatment, to any student TEES TO PUBLIC INTERMEDIATE best of our traditions.’’ Zorach v. group or student, respectively, seeking a SCHOOLS. Clauson, 343 U.S. 306, 314 (1952). I be- similar opportunity to distribute newsletters (a) IN GENERAL.—Section 802 of The Equal lieve this bill also follows the best of or other written materials, on the basis of Access Act (20 U.S.C. 4071) is amended by the religious, political, philosophical, or our traditions, and I look forward to striking subsections (a) through (c) and in- other content of the speech or activity en- serting the following: working toward its enactment. gaged in by such student group or student, ‘‘(a) Subject to subsection (i), it shall be Mr. President, I ask unanimous con- respectively. unlawful for any public intermediate school sent that the text of the bill be printed ‘‘(2) Nothing in this subsection shall be or secondary school that receives Federal fi- in the RECORD. construed to prevent a public intermediate nancial assistance and that has a limited

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These steps in- noncurriculum-related activities to deny lie entirely within state waters, the clude the establishment of a network equal access or a fair opportunity to, or dis- National Oceanic and Atmospheric Ad- of local, county-based Marine Re- criminate against, any student group or stu- sources Committees (MRCs) committed dent, respectively, who wishes to conduct a ministration (NOAA) spent the next meeting, or otherwise use school facilities, seventeen years evaluating the inclu- to making all possible progress at the within that limited open forum, on the basis sion of this special area into the ma- local level to protect and conserve the of the religious, political, philosophical, or rine sanctuary program. This process resources of the Northwest Straits other content of the speech or activity at involved substantial public participa- using existing state and local authori- such meetings. tion. In recent years, it became clear ties, and based on sound scientific in- ‘‘(b) In this subsection, a public inter- there was insufficient local support to formation and the overall needs of the mediate school or secondary school has a move forward with a Northwest Straits Northwest Straits ecosystem. The limited open forum if such school grants an Marine Sanctuary designation for the MRCs will coordinate activities offering to or opportunity for one or more through a Northwest Straits Commis- noncurriculum-related student groups or area. students pursuing noncurriculum-related ac- In response to these local concerns, sion consisting of representatives of tivities to meet on school premises or other- Rep. METCALF and I included a provi- the MRCs, Indian Tribes, the scientific wise use school facilities during noninstruc- sion in the 1996 reauthorization of the community, and state agencies. The tional time. Marine Sanctuaries program barring Commission will provide technical as- ‘‘(c) Schools shall be deemed to offer a fair final designation of a Northwest sistance, integrate science, develop an opportunity to student groups and students Straits Marine Sanctuary without Con- ecosystem-level coordination, and co- who wish to conduct a meeting, or otherwise ordinate funding. use school facilities, within its limited open gressional approval. Having thus put the marine sanctuary process on hold, In addition, the Commission will as- forum if such school uniformly provides sess the performance of the MRCs that— in the Spring of 1997 we established a against a series of benchmarks. These ‘‘(1) the meeting or use of facilities is vol- Citizen’s Advisory Commission (the untary and student-initiated; Commission) to identify the key ma- Benchmarks of Performance shall in- ‘‘(2) there is no sponsorship of the meeting rine resources and values of the North- clude the assessment and establishment of a scientifically-based regional or use of facilities by the school, the govern- west Straits, as well as the threats to system of Marine Protected Areas, the ment, or its agents or employees; them, and recommend appropriate pro- ‘‘(3) employees or agents of the school or assessment and establishment of a sci- tective measures and a means of co- government are present at religious meet- entifically-based regional system to ordinating related federal, state, and ings or activities involving the use of facili- protect nearshore habitat, a net gain in local actions. The Commission is ties only in a nonparticipatory capacity; open shellfish harvest areas, and ‘‘(4) the meeting or use of facilities does broadly representative of local inter- discernable increases in bottom fish not materially and substantially interfere ests including County and Port Com- and other key marine indicators. with the orderly conduct of educational ac- missioners, environmental and con- Should these benchmarks fail to be tivities within the school; and servation groups, shipping interests, met, further consideration of alter- ‘‘(5) nonschool persons may not direct, con- academics, and Indian Tribes. duct, control, or regularly attend activities native approaches, including a marine The Commission met diligently for of student groups or students.’’. sanctuary designation may be resumed. (b) DEFINITIONS.—Section 803 of the The eighteen months to fulfill their mis- In addition, this bill calls for a re- Equal Access Act (20 U.S.C. 4072) is amended sion. In addition to the Commission view of the effort after 5 years by the by adding at the end the following: members, a representative of Governor National Research Council, with par- ‘‘(5) The term ‘intermediate school’ means Gary Locke participated in meetings ticular emphasis on the achievement of a public school that provides education to and federal, state, and local agencies students in grade 6 or higher and that does the Benchmarks of Performance. With provided information and technical as- the authorization for this ‘‘Local Ma- not provide education to students in grade 5 sistance. All Commission meetings or lower.’’. rine Conservation Initiative’’ expiring have been open to the public and inter- in 6 years, this NRC report will help us By Mrs. MURRAY: ested parties. The Commission has re- assess the accomplishments of this ef- S. 2488. A bill to establish the North- searched and reviewed the issues sur- fort to determine whether it should be west Straits Advisory Commission; to rounding the Northwest Straits ex- continued. the Committee on Commerce, Science, haustively and presented their formal Mr. President, the Northwest Straits and Transportation. recommendation to Representative Marine Conservation Initiative Act THE NORTHWEST STRAITS MARINE METCALF and myself on August 20. represents the right way to address en- CONSERVATION INITIATIVE ACT The Commission has concluded that vironmental challenges. By pulling all ∑ Mrs. MURRAY. Mr. President, I rise the very fabric of the Northwest of the interested parties together to today to join my colleague in the Straits is unraveling, manifesting analyze and research not only the House, Representative JACK METCALF, problems and trends that cross geo- issue, but each other’s perspectives, to introduce the Northwest Straits Ma- graphic and jurisdictional lines. While partnerships can be forged that will rine Conservation Initiative Act. the ecosystem is complicated, the provide long-term benefits. This prag- Mr. President, I have always believed trends are simple: bottom fish, sea matic and achievable proposal will that the best way to solve problems is birds, invertebrates, salmon, and even truly improve resource protection in to bring people together and find con- some marine mammals have declined the Northwest Straits. It is an innova- sensus on an issue. The Northwest precipitously since 1980. This depletion tive, exciting way to address the ma- Straits Marine Conservation Initiative of marine resources has hurt economies rine conservation challenges before us. Act is the direct outgrowth of just such and communities around the North- I am excited about this approach and an approach. west Straits and further degradation the way it empowers local commu- The Northwest Straits include the portends far more serious impacts in nities and local citizens to take the ini- marine waters of the Strait of Juan de the future. Existing management tiative to protect their home waters. In Fuca, the San Juan Islands, and the schemes, while sufficient in terms of many ways, this approach is a test or northern portion of Puget Sound. It is legal authority, have failed to achieve experiment. The local leaders have the a scenic and unique ecosystem critical the coordination and focus to change next several years to demonstrate that to a broad array of sensitive fish and these trends. a coordinated, informed, and empow- wildlife, including orcas, sea birds, While the Commission has not ered local decision-making process can salmon, bottom fish, and bald eagles. reached a consensus to endorse or re- provide true protection for the North- Recognizing the importance of this ject any future alternative manage- west Straits. I believe they can meet precious marine ecosystem, the North- ment scheme, the Commission rec- this challenge. I look forward to Con- west Straits were proposed for inclu- ommends a set of steps that would not gress’ timely consideration of this leg- sion in the National Marine Sanc- displace current management respon- islation. tuaries program in some capacity as sibilities but seek to compliment them Mr. President, I ask unanimous con- far back as 1979 when the National Ma- by supplying key missing ingredients sent that a list of commission members

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10440 CONGRESSIONAL RECORD — SENATE September 16, 1998 and a letter from Governor Gary Locke I am pleased to see that the Commission S. 2180 be printed in the RECORD. has approached the problems of the North- At the request of Mr. LOTT, the There being no objection, the items west Straits in a thoughtful and strategi- names of the Senator from Kentucky cally targeted manner. Instead of proposing were ordered to be printed in the (Mr. MCCONNELL), and the Senator a new regulatory authority or layer of bu- RECORD, as follows: reaucracy, you have wisely sought to com- from Louisiana (Mr. BREAUX) were MURRAY/METCALF NORTHWEST STRAITS LOCAL plement the roles of existing federal, state, added as cosponsors of S. 2180, a bill to CITIZEN’S ADVISORY COMMISSION MEMBERS and local authorities by bringing in addi- amend the Comprehensive Environ- Lew Moore, co-facilitator. tional science and creating a forum to build mental Response, Compensation, and Dan Evans, co-facilitator. the broad support necessary to advance re- Liability Act of 1980 to clarify liability Brain Calvert, Friday Harbor Port Com- source protection. under that Act for certain recycling missioner. Again, I want to commend you for your transactions. Donn Charnley, former State Legislator. work in developing this proposed partnership Dwain Colby, former County Commis- to restore and protect the magnificent ma- S. 2190 sioner. rine resources of the Northwest Straits. My At the request of Mr. KENNEDY, the Jim Darling, Executive Director, Port of administration and I look forward to work- name of the Senator from Illinois (Mr. Bellingham. ing with you as you develop a congressional DURBIN) was added as a cosponsor of S. Kathy Fletcher, People for Puget Sound. proposal and work to implement the report’s 2190, a bill to authorize qualified orga- Dave Fluharty, University of Washington/ recommendations. nizations to provide technical assist- Sincerely, School of Marine Affairs. ance and capacity building services to Don Hopkins, Port of Everett Commis- GARY LOCKE, sioner/Longshoreman. Governor.∑ microenterprise development organizations and programs and to disadvan- Harry Hutchins, Steam Ship Operators. f Cheryl Hymes, former State Legislator/Ev- taged entrepreneurs using funds from ergreen Freedom Foundation. ADDITIONAL COSPONSORS the Community Development Finan- Phill Kitchel, Clallam County Commis- S. 361 cial Institutions Fund, and for other sioner. At the request of Mr. JEFFORDS, the purposes. Mac McDowell, Island County Commis- name of the Senator from Rhode Island S. 2202 sioner. Andrew Palmer, local marine conserva- (Mr. CHAFEE) was added as a cosponsor At the request of Mr. AKAKA, the tionist. of S. 361, a bill to amend the Endan- name of the Senator from New York Doug Scott, Friends of the San Juans. gered Species Act of 1973 to prohibit (Mr. D’AMATO) was added as a cospon- Terry Williams, Northwest Indian Fish- the sale, import, and export of products sor of S. 2202, a bill to amend the Ani- eries Commission/Tulalip Tribes. labeled as containing endangered spe- mal Welfare Act to ensure that all dogs Dennis Willows, University of Washington/ cies, and for other purposes. and cats used by research facilities are Friday Harbor Marine Labs. S. 769 obtained legally. TECHNICAL SUPPORT At the request of Mr. LAUTENBERG, S. 2263 Kelly Balcomb, Center for Whale Research. the name of the Senator from Rhode Is- Tom Cowen, Puget Sound Water Quality At the request of Mr. GORTON, the land (Mr. REED) was added as a cospon- names of the Senator from Mississippi Action Team. sor of S. 769, a bill to amend the provi- Daniel Farber, WA State Parks and Recre- (Mr. COCHRAN) and the Senator from ation Commission. sions of the Emergency Planning and Kentucky (Mr. FORD) were added as co- Todd Jacobs, NOAA—Olympic Coast Ma- Community Right-To- Know Act of 1986 sponsors of S. 2263, a bill to amend the rine Sanctuary Manager. to expand the public’s right to know Public Health Service Act to provide Dan James, Pacific Northwest Waterways about toxic chemical use and release, for the expansion, intensification, and Association. to promote pollution prevention, and coordination of the activities of the Eric Johnson, WA Public Ports Associa- for other purposes. tion. National Institutes of Health with re- S. 842 Bob Nichols, Governor Gary Locke’s Office. spect to research on autism. At the request of Mr. INHOFE, the Lisa Randlette, WA State Dept. of Natural S. 2291 name of the Senator from Tennessee Resources. At the request of Mr. GRAMS, the (Mr. FRIST) was added as a cosponsor of Terry Swanson, WA State Dept. of Ecol- name of the Senator from Mississippi ogy. S. 842, a bill to provide for the imme- (Mr. LOTT) was added as a cosponsor of Kathy Soudere, Naval Air Station— diate application of certain orders re- S. 2291, a bill to amend title 17, United Whidbey Island. lating to the amendment, modifica- States Code, to prevent the misappro- Shirley Waters, Office of Clallam County tion, suspension, or revocation of cer- Commissioners. priation of collections of information. tificates under chapter 447 of title 49, S. 2295 STATE OF WASHINGTON, United States Code. At the request of Mr. MCCAIN, the OFFICE OF THE GOVERNOR, S. 852 Olympia, WA, August 20, 1998. At the request of Mr. MACK, his name name of the Senator from Wisconsin Hon. PATTY MURRAY, was added as a cosponsor of S. 852, a (Mr. FEINGOLD) was added as a cospon- Hon. JACK METCALF, bill to establish nationally uniform re- sor of S. 2295, a bill to amend the Older Northwest Straits Citizens Advisory Commission, quirements regarding the titling and Americans Act of 1965 to extend the au- Padilla Bay National Estuarine Research registration of salvage, nonrepairable, thorizations of appropriations for that Reserve, Mount Vernon, WA. and rebuilt vehicles. Act, and for other purposes. DEAR SENATOR MURRAY, CONGRESSMAN S. 2296 METCALF, AND ADVISORY COMMISSION MEM- S. 1180 BERS: I am writing to congratulate you on At the request of Mr. KEMPTHORNE, At the request of Mr. FAIRCLOTH, his your success in developing a thoughtful, the names of the Senator from Utah name was added as a cosponsor of S. broadly-supported framework for restoring (Mr. HATCH), and the Senator from 2296, a bill to amend the Internal Rev- the marine resources of northern Puget Maine (Ms. COLLINS) were added as co- enue Code of 1986 to repeal the limita- Sound and the Strait of Juan de Fuca—the sponsors of S. 1180, a bill to reauthorize tion on the amount of receipts attrib- regional gem we call the Northwest Straits. the Endangered Species Act. utable to military property which may I also want to express my appreciation for be treated as exempt foreign trade in- your willingness to dedicate so much of your S. 1459 time and talent over the last year-and-a-half At the request of Mr. GRASSLEY, the come. to this effort. names of the Senator from South Da- At the request of Mr. MACK, the This Commission’s report has special kota (Mr. DASCHLE), the Senator from names of the Senator from Georgia credibility and value because its preparation Illinois (Ms. MOSELEY-BRAUN), and the (Mr. COVERDELL) and the Senator from engaged high-level community leaders rep- Senator from Oregon (Mr. WYDEN) were Colorado (Mr. ALLARD) were added as resenting a wide spectrum of interests. In added as cosponsors of S. 1459, a bill to cosponsors of S. 2296, supra. joining forces across the political aisle to S. 2364 solve pressing regional problems, the amend the Internal Revenue Code of convenors have followed the highest and best 1986 to provide a 5-year extension of At the request of Mr. CHAFEE, the tradition of the Washington Congressional the credit for producing electricity names of the Senator from Vermont delegation. from wind and closed-loop biomass. (Mr. JEFFORDS) and the Senator from

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10441 Arkansas (Mr. BUMPERS) were added as SENATE RESOLUTION 278—DESIG- Resolved, That the Senate designates the cosponsors of S. 2364, a bill to reauthor- NATING THE 30TH DAY OF APRIL 30th of April of 1999, as ‘‘Dia de los Ninos: ize and make reforms to programs au- OF 1999, AS ‘‘DIA DE LOS NINOS: Celebrating Young Americans’’ and requests that the President issue a proclamation call- thorized by the Public Works and Eco- CELEBRATING YOUNG AMERI- ing on the people of the Untied States to join nomic Development Act of 1965. CANS’’, AND FOR OTHER PUR- with all children, families, organizations, POSES S. 2395 communities, churches, cities, and states Mr. HATCH (for himself, Mr. BINGA- across the nation to observe the day with ap- At the request of Mr. DOMENICI, the propriate ceremonies, beginning April 30, MAN, Ms. HUTCHISON, Mr. DASCHLE, Mr. name of the Senator from Tennessee 1999, that include: MCCAIN, Ms. BOXER, Mr. DOMENICI, Mr. (Mr. FRIST) was added as a cosponsor of (1) Activities that center around children, S. 2395, a bill to provide grants to DODD, Mr. ABRAHAM, Mr. HARKIN, Mr. and are free or minimal in cost so as to en- strengthen State and local health care BOND, Mr. KERRY, Mr. GRASSLEY, Ms. courage and facilitate the participation of all our citizens; systems’ response to domestic violence LANDRIEU, Mr. CHAFEE, Mr. LAUTEN- BERG, Ms. MIKULSKI, Ms. MOSELEY- (2) Activities that are positive, uplifting, by building the capacity of health care and that help children express their hopes BRAUN, and Mr. REID) submitted the professionals and staff to identify, ad- and dreams; dress, and prevent domestic violence. following resolution; which was re- (3) Activities that provide opportunities ferred to the Committee on the Judici- for children of all backgrounds to learn S. 2426 ary. about one another’s cultures and share ideas; At the request of Mr. COVERDELL, the S. RES. 278 (4) Activities that include all members of the family, and especially extended and el- name of the Senator from Georgia (Mr. Whereas many of the nations throughout derly family members, so as to promote the world, and especially within the Western CLELAND) was added as a cosponsor of greater communication among the genera- hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’ on S. 2426, a bill to amend the Internal tions within a family, enabling children to the 30th of April, in recognition and celebra- Revenue Code of 1986 to provide a 2- appreciate and benefit from the experiences tion of their country’s future—their chil- month extension for the due date for and wisdom of their elderly family members; dren. (5) Activities that provide opportunities filing a tax return for any member of a Whereas children represent the hopes and uniformed service on a tour of duty for families within a community to get ac- dreams of the citizens of the United States; quainted; and outside the United States for a period Whereas children are the center of Amer- (6) Activities that provide children with which includes the normal due date for ican families; the support they need to develop skills and such filing. Whereas children should be nurtured and confidence, and find the inner strength—the invested in to preserve and enhance eco- will and fire of the human spirit—to make SENATE RESOLUTION 260 nomic prosperity, democracy, and the Amer- their dreams come true. ican spirit; At the request of Mr. GRAHAM, the ∑ Whereas Latinos in the United States, the Mr. HATCH. Mr. President, today I names of the Senator from Massachu- youngest and fastest growing ethnic commu- offer the following statement on behalf setts (Mr. KERRY), the Senator from nity in the nation, continue the tradition of of myself and my colleagues KAY BAI- North Dakota (Mr. CONRAD), and the honoring their children on this day, and wish LEY HUTCHISON, JOHN MCCAIN, PETE V. Senator from Nevada (Mr. REID) were to share this custom with the rest of the na- DOMENICI, SPENCER ABRAHAM, CHRIS- added as cosponsors of Senate Resolu- tion; TOPHER S. BOND, and CHARLES E. tion 260, a resolution expressing the Whereas one in four Americans is projected GRASSELY. Our purpose is twofold: to sense of the Senate that October 11, to be of Hispanic descent by the year 2050, join our colleagues in recognizing the 1998, should be designated as ‘‘National and there are now 10.5 million Latino children; start of Hispanic Heritage Month, an to Children’s Day.’’ Whereas traditional Latino family life cen- submit a resolution designating April SENATE RESOLUTION 274 ters largely on its children; 30, 1999, as ‘‘Dia de los Ninos: Cele- Whereas the primary teachers of family brating Young Americans.’’ At the request of Mr. FORD, the name values, morality, and culture are parents and Since 1968, we have formally recog- of the Senator from New York (Mr. family members, and we rely on children to nized and celebrated the tremendous MOYNIHAN) was added as a cosponsor of pass on these family values, morals, and cul- contributions of Hispanic Americans to Senate Resolution 274, a resolution to ture to future generations; the history, strength, security, and de- Whereas more than 500,000 children drop express the sense of the Senate that velopment of our great nation. This the Louisville Festival of Faiths should out of school each year and Hispanic dropout rates are unacceptably high; year, we once again embark on this be commended and should serve as Whereas the importance of literacy and month-long celebration. It is right to model for similar festivals in other education are most often communicated to honor more than five centuries of con- communities throughout the United children through family members; tributions by Hispanics to the develop- States. Whereas families should be encouraged to ment not only of our great nation, but engage in family and community activities of the Western Hemisphere and the f that include extended and elderly family world. It is also imperative that we members and encourage children to explore, recognize that the health and vitality develop confidence, and pursue their dreams; SENATE CONCURRENT RESOLU- Whereas the designation of a day to honor of the Hispanic American community TION 118—AUTHORIZING THE USE the children of the Nation will help affirm is pivotal to the strength and future of OF THE CAPITOL ROTUNDA ON for the people of the United States the sig- this nation. SEPTEMBER 23, 1998, FOR THE nificance of family, education, and commu- Our own experience has shown us PRESENTATION OF THE CON- nity; that Hispanic Americans are a strong Whereas the designation of a day of special and proud people, loyal, patriotic, cou- GRESSIONAL GOLD MEDAL TO recognition of children of the United States NELSON MANDELA rageous, and dedicated to their fami- will provide an opportunity to children to relies, their country, and their commu- Mr. D’AMATO submitted the fol- flect on their future, to articulate their nities. Hispanics have a strong work dreams and aspirations, and find comfort and lowing concurrent resolution; which security in the support of their family mem- ethic and tremendous faith in the was referred to the Committee on bers and communities; American dream. They have made Rules and Administration: Whereas the National Latino Children’s In- great contributions to the advance- stitute, serving as a voice for children, has ment of all people in every area, to S. CON. RES. 118 worked with cities throughout the country music, the arts, science, engineering, Resolved by the Senate (the House of Rep- to declare April 30 as ‘‘Dia de los Ninos: Cele- mathematics, and government. resentatives concurring), That the rotunda of brating Young Americans’’—a day to bring I am thrilled to see so many wonder- the United States Capitol is authorized to be together Latinos and other communities na- ful Hispanic role models help light the used on September 23, 1998, for the presen- tionwide to celebrate and uplift children; way for Hispanic youth to attain the tation of the Congressional Gold Medal to Whereas the children of a nation are the Nelson Rolihlahla Mandela. Physical prep- responsibility of all its citizens, and citizens American Dream. arations for the conduct of the ceremony should be encouraged to celebrate the gifts Jaime Escalante, a high school math- shall be carried out in accordance with such of children to society—their curiosity, ematics teacher, has been helping an conditions as may be prescribed by the Ar- laughter, faith, energy, spirit, hopes, and unprecedented number of Hispanic stu- chitect of the Capitol. dreams: Now, therefore, be it dents prepare for and pass advanced

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10442 CONGRESSIONAL RECORD — SENATE September 16, 1998 placement tests in calculus. Amalia V. likely to lack health insurance and ac- 1999, as ‘‘Dıá de los Nin˜ os: Celebrating Betanzos, president of an alternative cess to regular health care, yet suffer Young Americans’’—a recommendation high school with tremendous success disproportionately from certain dis- with which we wholeheartedly con- rates, has helped us all see what faith eases. We must do better. curred. and encouragement can do for the soul. As the youngest and fastest growing In contributing to the celebration of And Abraham Chavez, who established minority community in the nation, Hispanic Heritage Month, we think it the El Paso Symphony, shares his mu- Hispanics must share equally in the is most fitting to introduce a resolu- sical talent with children on both sides benefits and opportunities of this great tion calling on the citizens of our great of the U.S. border. Even with limited nation, so that our country grows nation to join with other nations of the funds, he finds various ways to put in- stronger and can better compete in world, and especially those of the west- struments into the hands and music global markets. Indeed, by 2050, accord- ern hemisphere in setting a day aside into the lives of young children. ing to the latest census projections, to honor our children. Much in the Such great recording artists as Celia one in four Americans will be of His- same way that we celebrate Mother’s Cruz, Tito Puente, Los Lobos, the late panic descent. One thing is clear, the Day and Father’s Day, we urge the Selena, Freddy Fender, and Gloria health and vitality of this nation de- American people to set aside a day to Estefan have brought joyous Latin pends in large part on the degree to uplift children, to encourage them to rhythms into our homes and our which Hispanic Americans are prepared dream, and help them to acquire the hearts. Great authors, like Luis to meet the global market demands of skills necessary to make those dreams Valdez, Victor Villasenor, Nicholasa the next century. come true. It is a custom throughout Mohr, and Luis Rodriguez and great For this reason, in 1987, Senator JOHN Latin America to celebrate ‘‘Dıá de los screen artists like Andy Garcia, Jimmy CHAFEE and ORRIN G. HATCH estab- Nin˜ os’’ on the 30th of April each year. Smits, Edward James Olmos, Rita lished the U.S. Senate Republican Con- Let us share in this tradition. Moreno, Martin Sheen, and the late ference Task Force on Hispanic Affairs, Indeed, if we take time to listen, to Raul Julia have entertained while they which now numbers 27 senators. The encourage children to read, to stay in inspired us. task force provides a unique forum for school, to dream, to plan and work The patriotism and courage of great Hispanic leaders to raise awareness and hard to achieve their dreams, then Americans like Alfred Rascon, who im- support on the national level for key America’s future is guaranteed to be migrated to the United States from issues facing the Hispanic community brighter. Latinos have made great Mexico, should also be recognized. At in the areas of education, economic de- strides, and they continue to progress. age 20, a lawful permanent resident, he velopment, employment and health. They have joined the ranks of public volunteered to serve in Vietnam. As a The task force is aided by a bipartisan, officials, managers, CEOs and presi- paratrooper combat medic, he twice volunteer advisory committee, for dents of corporations, teachers, doc- used his own body to shield wounded whose service we are very grateful. We tors, lawyers, and congressmen. But comrades from enemy guns. Severely acknowledge their tremendous con- there is much yet to be done. Let us wounded, he refused to be evacuated tributions, commitment, and dedica- take pride in the contributions of His- until all the wounded were safe. He tion to this effort. We thank each of panics to the history of this nation, let kept working until he collapsed, so the members publicly for they are us recognize their gifts to America— hurt that a priest at the scene gave truly great Americans. their patriotism, devotion to family, him last rites. It was with their help and guidance love of God, and faith in the American Dr. Antonia Novello, former U.S. this Congress that we were able to dream—and let us invest in the dreams Surgeon General, Raul Izaguirre, Presi- make small advances in addressing the of their children. Let us extend His- dent and CEO of National Council of La needs of the Hispanic community, in- panic Heritage Month to include a day Raza, Carmen Zapata, director and co- cluding providing access to health in- to honor and celebrate the gifts of all founder of the Bilingual Foundation of surance to large numbers of children in of the nation’s children, a day in which the Arts, and Astronauts Ellen Oschoa poverty, making changes to the Higher we devote ourselves to uplifting and and Franklin Chang Diaz have helped Education Reauthorization Act, and encouraging them to pursue their lead the way for our children as they supporting increased appropriations to dreams. We invite our colleagues to enter the 21st century. strengthen institutions that provide join us as co-sponsors of this worthy Of course, Sammy Sosa, Rebecca higher education to low income and resolution designating April 30, 1999, Lobo, Nancy Lopez, ChiChi Rodriguez, disadvantaged students, and reforming ‘‘Dıá de los Nin˜ os: Celebrating Young Pedro Morales, Gigi Fernandez, and job training programs to better serve Americans.’’ Trent Dimas are but seven of the many the latino community. We were also Mr. President, I ask unanimous con- great athletes who have shared with us able to establish a federal charter for sent that the names of the volunteer the pride and success born of great sac- the American GI Forum, a national advisory committee be printed in the rifice and a hunger for perfection. We Hispanic Veterans organization. In- RECORD, in recognition of their con- are proud of their accomplishments. deed, we owe no small debt of gratitude tributions. When they win, all America cheers and to the men and women who have sac- there being no objection, the names shares in their victory. rificed and continue to sacrifice daily were ordered to be printed in the Most importantly, let us not forget to preserve our freedoms and demo- RECORD, as follows: the many, many other Hispanic Ameri- cratic government. Hispanic Ameri- UNITED STATES SENATE REPUBLICAN CON- cans, whose daily contributions often cans are very proud of their record of FERENCE TASK FORCE ON HISPANIC AF- go unrecognized, but whose legacy con- military service—the highest number FAIRS—105TH CONGRESS ADVISORY COM- tinues to demonstrate the viability of of medals of honor earned per capital MITTEE the American dream. for any ethnic community. The Members of the U.S. Senate Repub- But for all their contributions to the Additionally, we submitted an lican Conference Task Force on Hispanic Af- strength of our nation, many Hispanics ‘‘English Plus’’ Resolution, encour- fairs wish to record their high esteem, grati- have not yet fully shared in the dream. tude and appreciation for the members of the aging citizens to master not only the advisory committee to the task force (listed The national drop-out rate for His- English language, but other foreign below), for their expertise, hard work, and panics exceeds 30 percent (for non-His- languages. Enhancing our linguistic dedication to assisting task force Senators panics the rate is 11 percent, and for abilities will make for a more skilled in better meeting the needs of the nation’s blacks, the rate is 12 percent), the and competitive labor force, and im- Latino community. highest for any ethnic group, and their prove our communications. We hope to Loretta Adams; Antonio Amador; George educational attainment levels are be able to pass the resolution before Antuna; Rodolfo Arredondo, Jr.; Patricia among the lowest for any ethnic group. Asip; Zulma X. Barrios; Richard Bela; Philip the end of the Congress. Vincent Bernal; Rudy M. Beserra; Victor G. Hispanic children are most likely to be It was our Advisory Committee that Cabral; Lorenzo Cervantes; Roxana Chahin; among America’s poor, even though recommended we join the National Adam Chavarria; Ana Colomar-O’Brien; Hispanic males have the highest labor Latino Children’s Institute in calling Elaine Coronado; Mariam Cruz; Rafael participation rates. Hispanics are most upon the nation to designate April 30, Davila; Chris Diaz; Guarione Diaz; Rita

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10443 DiMartino; Ingrid Duran; Alma Rojas mittee on Rules and Administration be during the session of the Senate on Esparza; Rafael Franchi; Tony Gallegos; authorized to meet during the session Wednesday, September 16, 1998, at 2:30 Jane C. Garcia; Rafael Garcia; President; of the Senate on Wednesday, Sep- p.m. on ‘‘Fatigue: Trucking and Rail San F. Garza; Mary George; Steve John Gon- tember 16, 1998 at 9:30 a.m. to receive Industry.’’ zalez; Arthur Granado; Sheila Guaderas; Car- men Hansen-Rivera; Alida Hernandez; Farah testimony from the Architect of the The PRESIDING OFFICER. Without Jimenez; Ed Juarez; Ben Lopez; Mimi Lozano Capitol on plans to renovate the Dirk- objection, it is so ordered. Holtzman; Raymond Lozano; Herminio A. sen Senate Office Building and the Cap- f Martinez; J.V. Martinez; Julian Martinez; itol Dome. ADDITIONAL STATEMENTS Kenneth A. Martinez; Robert Martinez. The PRESIDING OFFICER. Without Zaida L. Martinez, Ph.D.; Teresa McBride; objection, it is so ordered. John Medina; Denise Mendoza; Mike COMMITTEE ON RULES AND ADMINISTRATION Montelongo; Velma Montoya, Ph.D.; CONGRATULATING KARL OHS Mrs. HUTCHISON. Mr. President, I Dionicio Morales; Isreal Moran; Emma ∑ Mr. BURNS. Mr. President, I rise ask unanimous consent that the Com- Moreno; Pete Moreno; Anna Muller; Alfonso today to congratulate Karl Ohs, who mittee on Rules and Administration be J. Perez; John Perez; Juan Perez; Jaime will receive the Federal Bureau of In- Ramon; Grace Ramos; Jorge Ramos; Sal- authorized to meet during the session vestigation’s highest honor later this vador Ramos; Ramon E. Rasco; Ana Rivas- of the Senate on Wednesday, Sep- month for his part in ending the 1996 Beck; Jose Rivera; Nena Robreno; Ana tember 16, 1998 at 10:00 a.m. to receive Freemen standoff in Montana. A quiet, Rodriguez de Sanchez; Edwin A. Rodriguez; testimony on S. 2288, the Wendell H. Eric Rodriguez; Fred Rodriguez; M.J. Rodri- unassuming rancher from Harrison, Ford Government Publications Reform guez; Marcos ‘‘Mark’’ Rodriguez; Mark Montana, Karl has displayed uncom- Act of 1998. Rodriguez; Rene F. Rodriguez; Rose Marie mon courage and leadership not only The PRESIDING OFFICER. Without Rodriguez; Nelson Roman; Phil Roman; during the Freemen incident, but objection, it is so ordered. Margo Salazar; Celia M. Salomons; Orlando throughout his life as a public servant Sanchez; Angelica Santacruz; Marta SELECT COMMITTEE ON INTELLIGENCE Sotomayor; Thomas Tewksbury; Esteban and community leader. Mrs. HUTCHISON. Mr. President, I Born and raised in the farming town Torres; Joyce Valdez; Diana M. Valverde; ask unanimous consent that the Select Selso Vargas; Octavio J. Viveros, Jr.; Sofia of Malta on Montana’s Hi-Line, Karl Garcia-Conde Zuckerman.∑ Committee on Intelligence be author- was surrounded by agriculture from his ized to meet during the session of the f birth. After graduating from Montana Senate on Wednesday, September 16, State University with a degree in agri- AMENDMENTS SUBMITTED 1998 at 2:30 p.m. to hold a closed hear- culture, he began farming and ranching ing on intelligence matters. in Harrison. Karl quickly became an The PRESIDING OFFICER. Without active member in the community, serv- DEPARTMENT OF THE INTERIOR objection, it is so ordered. AND RELATED AGENCIES APPRO- ing on the board of the local hospital SUBCOMMITTEE ON IMMIGRATION PRIATIONS ACT, 1999 and on the Harrison School Board. Mrs. HUTCHISON. Mr. President, I Karl’s dedication to his community ask unanimous consent that the Sub- and agriculture led him to run for the BOXER (AND OTHERS) committee on Immigration, of the Sen- Montana House of Representatives in AMENDMENT NO. 3594 ate Judiciary Committee, be author- 1994. After only one term, his peers se- Mrs. BOXER (for herself, Mr. BUMP- ized to meet during the session of the lected Karl to serve as the majority ERS, Mr. DASCHLE, Mr. DURBIN, and Mr. Senate on Wednesday, September 16, whip for the 1997 legislative session. In WELLSTONE) proposed an amendment to 1998 at 2:00 p.m. to hold a hearing in this capacity, Karl led fights to cut ad- the bill (S. 2237) making appropriations room 226, Senate Dirksen Office Build- ministrative costs, increase invest- for the Department of the Interior and ing, on: ‘‘INS Oversight and Reform: ment in Montana for our long-term related agencies for the fiscal year end- Detention.’’ growth, and save the historical sites of ing September 30, 1999, and for other The PRESIDING OFFICER. Without Virginia City and Nevada City, which purposes; as follows: objection, it is so ordered. otherwise would have been lost, de- On page 74, strike lines 13 through 20. SUBCOMMITTEE ON INTERNATIONAL SECURITY, stroying important reminders of our PROLIFERATION AND FEDERAL SERVICES f great state’s heritage. Mrs. HUTCHISON. Mr. President, I Unlike some of today’s political lead- AUTHORITY FOR COMMITTEES TO ask unanimous consent on behalf of the ers who preach virtues publicly while MEET Governmental Affairs Subcommittee defying them privately, Karl has shown COMMITTEE ON ENVIRONMENT AND PUBLIC on International Security, Prolifera- great courage and morality while not WORKS tion, and Federal Services to meet on standing in front of a microphone or Mrs. HUTCHISON. Mr. President, I Wednesday, September 16, 1998, at 2:00 television camera. When Karl was ap- ask unanimous consent that the full p.m. for a hearing on ‘‘GAO Report on proached by a friend to intervene in Committee on Environment and Public High Performance Computers.’’ the Freemen standoff, he did so with- Works be granted permission to con- The PRESIDING OFFICER. Without out a second thought. As a mediator duct a hearing Wednesday, September objection, it is so ordered. during the standoff, Karl repeatedly 16, 2:00 p.m., Hearing Room (SD–406), SUBCOMMITTEE ON INVESTIGATIONS put himself into dangerous situations regarding the use of methyl tertiary- Mrs. HUTCHISON. Mr. President, I because of his concern for human life, butyl ether (MTBE) in gasoline and S. ask unanimous consent on behalf of the both of the Freemen and law enforce- 1576. Permanent Subcommittee on Inves- ment officers. In the end, he was able The PRESIDING OFFICER. Without tigations of the Governmental Affairs to gain the trust of the Freemen and objection, it is so ordered. Committee to meet on Wednesday, jumpstart negotiations that led to the COMMITTEE ON FOREIGN RELATIONS September 16, 1998, at 9:30 a.m. for a end of the standoff. Without his invalu- Mrs. HUTCHISON. Mr. President, I hearing on the topic of ‘‘The National able service, a violent end to the situa- ask unanimous consent that the Com- Cancer Institute’s Management of Ra- tion would have been inevitable. mittee on Foreign Relations be author- diation Studies.’’ In a nation that is suffering from a ized to meet during the session of the The PRESIDING OFFICER. Without lack of moral leadership, I am happy to Senate on Wednesday, September 16, objection, it is so ordered. know that we have people like Karl 1998 at 9:30 am to hold a joint hearing SUBCOMMITTEE ON SURFACE TRANSPORTATION/ taking an active role in their commu- with the Caucus on International Nar- MERCHANT MARINE nities. Karl serves as an example for all cotics Control. Mrs. HUTCHISON. Mr. President, I of us. The PRESIDING OFFICER. Without ask unanimous consent that the Sur- Again, Karl, congratulations on your objection, it is so ordered. face Transportation/Merchant Marine award. We can all learn a lot from your COMMITTEE ON RULES AND ADMINISTRATION Subcommittee of the Senate Com- model of courage and service, and I Mrs. HUTCHISON. Mr. President, I mittee on Commerce, Science, and want you to know that you have my ask unanimous consent that the Com- Transportation be authorized to meet gratitude and that of the Nation.∑

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10444 CONGRESSIONAL RECORD — SENATE September 16, 1998 THE MARCH . . . COMING Government of the Republic of Mac- fying reality of children killing chil- TOGETHER TO CONQUER CANCER edonia which on September 8th cele- dren, teachers, even parents, the na- ∑ Mr. LEVIN. Mr. President, I ask that brated seven years of independence. tion is shaken to its core, as common the following joint statement of myself Many of us are encouraged with the associations of youth and innocence and my colleague from Michigan, Sen- activities the Government has enacted are violently broken. Citizens are left ator SPENCER ABRAHAM, be printed in with respect to democracy, human to mourn and to ask the inevitable the RECORD. rights and international peace. question: Why? The joint statement follows: Although a small nation of approxi- But wondering why is not enough. In- mately two million people and the size novative action is required if future JOINT STATEMENT OF SENATOR LEVIN AND SENATOR ABRAHAM IN RECOGNITION OF THE of Vermont, the Republic of Mac- tragedies are to be prevented. And the MARCH ...COMING TOGETHER TO CONQUER edonia, located in the very unstable re- U.S. National Commission on Libraries CANCER gion of the Balkans, has established and Information Science is leading the Mr. President, we are pleased to join today itself as an example of peaceful, con- way, having committed itself to just in recognition of the hundreds of thousands structive, good neighborly country and such action. The Commission is a per- of people gathering here in Washington and our reliable ally. manent, independent agency of the fed- in every state in the country on Saturday, The Republic of Macedonia is the eral government charged by Congress September 26, 1998 for The only country that, following the dis- to advise the President and the Con- March...Coming Together to Conquer solution of former Yugoslavia in 1991, Cancer. gress on national and international li- Statistics tell us that cancer will affect gained independence in a peaceful and brary and information policies and the lives of virtually every American. Ac- legitimate manner, by a way of a ref- plans. On July 8, 1998, the members of cording to the American Cancer Society, erendum and a new Constitution, refus- the Commission unanimously approved American men have a 1-in-2 lifetime risk of ing to take part in the war that was a resolution that urges all of society— developing cancer, and American women waged in the other parts of former community officials, educators, par- have a 1-in-3 lifetime risk. It is estimated Yugoslavia, thus showing that at the ents, role models—to support efforts that more than 1.2 million new cancer cases will be diagnosed this year, and cancer kills threshold of the 21st century, it is pos- made by libraries to assist adults, Americans at a rate of more than 1,500 per sible to become independent without youth, and children in finding, through day. In our state of Michigan, cancer is the bloodshed. valuable learning resources and experi- second leading cause of death for all people, Not only did the Republic of Mac- ences, solutions to this outbreak of vi- and is the leading cause of death for people edonia opt against policies of terri- olence. The Commission’s recognition between the ages of 35 and 49. In 1995, cancer torial aspirations, forceful changing of of the important and constructive role took the lives of nearly 20,000 Michigan resi- borders and ethnic cleansing, but also libraries can play in the lives of Amer- dents. What statistics cannot show us are made it very clear that such policies the real people behind the numbers whose ica’s children is commendable. It is lives have been forever changed by cancer. are the cause for conflicts and wars in commitment like this that may help to They are parents and children, husbands and the ethnically intermixed Balkans. curb the terrifying tide of violence— wives, sisters and brothers, friends and col- Over the seven years of its independ- both in the school and in the home. leagues. They are counting on us, and on pol- ence, the Government of the Republic Mr. President, I ask that the Resolu- icymakers at all levels, to renew our com- of Macedonia has instituted a series of tion of the Commission be printed in mitment to the effort to develop a cure for economic reforms to control inflation, the RECORD and serve as a model to all this deadly disease. We are proud that our home state of Michi- reduce debt, increase exports and foster of us and our community organizations gan is a national leader of The March and in growth. as we struggle to come to terms with cancer research and treatment. The Recently, many American investors violence among our youth. Karmanos Cancer Institute, one of the pre- have started to see South-Eastern Eu- The Resolution follows: mier cancer treatment facilities in the coun- rope as an economic area of large po- U.S. NATIONAL COMMISSION ON LIBRARIES AND try, is coordinating Michigan’s March-re- tential with more than 60 million peo- INFORMATION SCIENCE lated activities. The Michigan March will be ple, and the Republic of Macedonia as Resolution in Recognition of the Impor- held in Lansing to coincide with The March the most strategically located in the tant Role of Libraries in the Lives of Amer- in Washington on September 26th. A steering center of this large market. ican Children committee, coordinated by the Karmanos WHEREAS we have seen the recent out- Cancer Institute, is working hard to ensure The United States must continue its break of children venting rage and anger by that people from every corner of Michigan support for the Republic of Macedonia, killing parents, teachers and schoolmates, participate in The March in Lansing. Orga- especially having in mind the recent WHEREAS we know that mental develop- nizers are expecting 10,000 people in Lansing developments in neighboring Yugo- ment, positive socialization and emotional on September 26th, including cancer sur- slavia.∑ stabilization must begin at birth if children vivors, friends and family of survivors and of are to grow up with full success, those who have lost their lives to cancer, f WHEREAS we are concerned about the health care professionals, government lead- RECOGNITION OF THE U.S. NA- needs of tens of thousands of young persons ers, and many others. We know that even TIONAL COMMISSION ON LIBRAR- now in corrections or on probation who may though they will be divided by geography, IES return to destructive behaviors if they re- the 10,000 people in Lansing will feel a sense ceive no redirection, of unity with the hundreds of thousands of ∑ Mr. DODD. Mr. President, I rise Be it Resolved That the U.S. National Com- others gathering in cities throughout the today in recognition of the efforts re- mission on Libraries and Information country for a common purpose. cently made by the U.S. National Com- Science urges that our society—officials and Mr. President, we have all been touched by mission on Libraries to mobilize re- educators at all levels, community leaders, cancer in one way or another. We all have sources for the purpose of curbing parents and other adult caregivers, friends, family, or loved ones who have been confidantes and role models—utilize the vast its victims. The March will give a voice to youth violence in this nation. potential of libraries and support the current those whose voices have been silenced by Youth violence in America is, unde- and potential abilities and efforts of librar- cancer, and it will serve as a call to action in niably, a serious and frightening prob- ians in assisting adults, youth and children the war against this deadly disease. We are lem today. The recent string of highly to seek positive outcomes through wise use pleased to stand with those participating in publicized school shootings has made of information, and The March in Lansing and in Washington, this all too clear; over the last ten Be it Further Resolved: That, in seeking so- and encourage our colleagues to join us in months, 15 people have died and 42 have lutions through better parenting and learn- expressing our profound respect and grati- been wounded. This terrifying epidemic ing experiences for young children and redi- tude to The March participants for their cou- rection for troubled older children and ado- rageous action.∑ has spread across the country—from lescents, libraries can be a major delivery f Mississippi to Pennsylvania to Wash- point.∑ ington. As a result, cities such as f CELEBRATING 7 YEARS OF INDE- Jonesboro, Arkansas, and Springfield, PENDENCE FOR THE REPUBLIC Oregon, will remain burned in the pub- NATIONAL ENDOWMENT FOR THE OF MACEDONIA lic mind, forever associated with ter- ARTS ∑ Mr. COATS. Mr. President, I rise ror, heartbreak, and inexplicable trag- ∑ Mrs. FEINSTEIN. As the Senate con- today to express my support to the edy. When faced with the all too horri- siders appropriations for the National

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10445 Endowment for Arts and the Human- tions in order to ensure that support PUBLIC SUPPORTS NEA ities Act, the primary source of federal and assistance is provided to organiza- By a margin of 3 to 1, Americans sup- support for the arts, humanities and tions that work with culturally diverse port govemment-funded arts programs. museums, I wish to express my support populations, older adults, people with Moreover, a 1996 Lou Harris poll states for these programs. disabilities, and individuals living in that 61 percent of Americans said they ARTS AS PART OF OUR HISTORY institutions. Before the NEA, only 5 would be willing to pay $5.00 more in Mr. President, throughout this na- states had state-funded arts councils. taxes to fund the arts. This is impor- tion’s history, the arts have been an in- Today, all 50 states do. Currently, the tant because private donations tend to tegral part of our background and her- NEA sustains 25 partnerships with fed- support larger arts organizations, not itage. Over the years, music, dance, eral agencies including the Depart- smaller, independent projects and art, and personal expression have ments of Education and Justice, the groups. The NEA works hard to fund a evolved to reflect our changing culture Center for Substance Abuse Preven- wide range of expression. and attitudes. In a country of great di- tion, and the National Science Founda- NEA REFORMS versity, from education and socio- tion. With reforms now requiring grantees economic background to political per- EDUCATION BENEFITS to adhere to strict guidelines, trying to spective and religious views, all people The arts can improve learning and be address the concerns of some who should have the opportunity to experi- part of a well-rounded education. Re- worry that some projects are objection- ence America in its many forms, in- search from 1995–97 from the College able can rest assured. National panels cluding the arts. Entrance Examination Board shows of private citizens select grantees in a NEA IS A SUCCESS that students who studied the arts rigorous, democratic review process. In 1966, when Congress created the scored an average of 83 points higher In conclusion, Mr. President, I would National Endowment of the Arts, the than non-arts students on the Scho- like to remind my colleagues that the mission was to expose all people, across lastic Aptitude Test, the SAT. Children total for arts and humanities-related the nation, from California to Maine, with a piano background have also spending for the 1997 fiscal year was from New York to North Dakota, of all scored better on math tests. less than 1% of the total budget. The backgrounds and origins, to music, The NEA and the state arts agencies National Endowment for the Arts costs dancing, theater, art and literature. provide $30 million in annual support each American about 36 cents per year. Since then, the NEA has more than for more than 7,800 arts education Arts institutions have affected millions succeeded with its mission. The NEA projects in more than 2,400 commu- of Americans. Whether its been watch- helps support community festivals, nities. In 1997, the NEA invested $8.2 ing a famous play, wandering through rural chamber music, arts centers, gal- million, 10 percent of its annual grant a beautiful museum, or having the op- leries, arts libraries, town halls, chil- dollars, in kindergarten through grade portunity to live a dream by singing on dren’s organizations, and other social 12 arts programs. Arts education im- stage in a local theater company, the and civic institutions where families proves life skills including self-esteem, NEA fosters an excellence, diversity, can experience the arts. NEA-sponsored teamwork, motivation, discipline, and and vitality of the arts in the United programs build bridges of under- problem solving that help young people States which could never be matched standing among diverse groups of compete in a challenging and high-tech by any other institution. It represents Americans. workforce. a national commitment to excellence our nation’s culture, heritage, and, ECONOMIC BENEFITS NEA AFFECTS CALIFORNIA AND STATES most important, its people. The NEA The arts also stimulate local econo- NATIONWIDE mies. By attracting tourist dollars, the benefits our citizens, educational insti- Cutting funding means cutting pro- tutions, economy, and our spirits. We arts stimulate business development, grams. NEA has supported many Cali- encourage urban renewal, attract new cannont, in good faith, deny Americans fornia efforts: programs such as the I access to such an national treasure.∑ businesses, and improve the overall Do Dance Not Drugs program in South quality of life for our cities and towns. Central Los Angeles that works with f Nationally, nonprofit arts organiza- latch-key kids would be demolished; a 75TH ANNIVERSARY OF ST. ROSE tions generate an estimated $37 billion grant to the Pacific Symphony Asso- HIGH SCHOOL in economic activity and return $3.4 ciation in Santa Ana, California funds ∑ Mr. TORRICELLI. Mr. President, I billion in federal income taxes to the Class Act, 95 a program which supports rise today to recognize St. Rose High U.S. Treasury each year. In other and enhances music education for up to School as it celebrates its 75th Anni- words, for every $ 1.00 dollar spent by 17,000 students at 20 elementary versary. This year marks the 75th year the NEA, $34.00 are returned to the schools in Orange County through a se- the high school will provide quality United States. Every $1.00 spent by the ries of activities, including repeated education to students in and around NEA attracts $12.00 to the arts from interaction with an Orchestra musician the Belmar area. It is a pleasure for me other sources. and direct exposure and interactive ex- to recognize this important milestone. INCREASED JOB OPPORTUNITIES periences with the Orchestra and the St. Rose exists to educate high The arts also create job opportunities music it performs, would not be pos- school age men and women so that for more Americans. More than 1.7 mil- sible without NEA funding; to support they may realize their spiritual, aca- lion Americans are employed in the a comprehensive education program at demic, and social potential. St. Rose’s non-profit arts industry. This number Berkeley public elementary schools, mission, since beginning as a parish is higher than any other profession in- the Berkeley Symphony Orchestra will school in 1923, emanates from a tradi- cluding legal services, police and fire- help train teachers in music, encour- tion of Roman Catholic education ad- fighting, mining, advertising, and for- aging student interaction with the ministered by the Sisters of St. Joseph estry and logging. Since 1970 the num- composer, an introductory orchestral of Chestnut Hill. The staff of religious ber of artists employed in the U.S. has concert, classroom visits, and a culmi- and lay faculty is responsive to the more than doubled. Even with this in- nating presentation at which students needs of a changing world. They have crease, the United States still spends perform side by side with Berkeley created a safe, supportive, disciplined nearly fifty times less on the arts than Symphony Orchestra professional mu- atmosphere and curriculum that hon- any of its major allies. sicians; the California Arts Council ors and nurtures the dignity, worth and CREATES STATE AND FEDERAL PARTNERSHIPS supports arts education and the part- capabilities of each student. The alum- To ensure that people across the nership project with the California As- ni go on to assume positions of leader- country have access to arts programs, sembly of Local Art Agencies to ship within their communities and pro- the NEA promotes partnerships be- strengthen the State’s local art agen- fessional fields. tween the state and arts agencies, cies; programs which support Native This school has become an extraor- schools and local organizations. This American artists in Eureka, California dinary educational institution that has cooperative system of arts support to put on workshops for students and improved the quality of life for the links local, state and regional associa- citizens on art could be terminated. citizens of New Jersey, and it has long

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10446 CONGRESSIONAL RECORD — SENATE September 16, 1998 been an example of the standard that The leadership of this country is aug- This effort was particularly aimed at we set for our nation’s high schools. mented by the voices of our Hispanic addressing the disproportionately high Through hard work and dedication, the elected officials, many who have joined rate of Hispanic high school dropouts— faculty have illustrated their commit- forces in the Congressional Hispanic a rate which has hovered at 30 percent. ment to building the leaders of tomor- Caucus. The Caucus has been working This is by far the highest rate com- row, and their success over the past 75 very hard to advance relevant legisla- pared to all other racial and ethnic mi- years serve as an inspiration to all edu- tion and educate their colleagues about nority groups—a rate that is simply cators. the needs of the Hispanic community. unacceptable. Nevada has also seen I am proud to recognize St. Rose on As we review Congressional history, we dropout rates among Hispanics of more its anniversary, and I look forward to discover that the first Latino to serve than 16 percent. We must continue to another 75 years of quality education in Congress, Joseph Marion Herna´ ndez, find out why these students are left be- from this institution.∑ entered our halls as a Delegate from hind, and eventually feel compelled to f Florida in 1822. Our body welcomed curtail their learning opportunities. HISPANIC HERITAGE MONTH Octaviano Larrazolo as the first His- These are opportunities that could help panic U.S. Senator in 1928. Currently, I these disenfranchised young people ∑ Mr. REID. Mr. President, I rise to am honored to have the only Hispanic begin a career, support their families pay tribute to Hispanic Americans, as Chief of Staff in the U.S. Senate, my now and in the future, and make some- we begin to celebrate Hispanic Herit- good friend Reynaldo Martinez. I feel thing of their lives. age Month. Events will occur through- that we should see more of these suc- My own life was transformed by the out the Nation during this month— cess stories as we reach the next mil- power of education. My father never re- which extends from September 15th to lennium. ceived an education higher than ele- October 15th—to applaud the achieve- In the state of Nevada, Hispanics mentary school and my mother never ments of Hispanics everywhere. have shown their influence in all areas, graduated from high school. But be- The diverse contributions of His- especially in education, business, and cause I was lucky enough to have ac- panics to society, culture, academics, politics. Nevada continues to be the cess to educational opportunities, the and the economy of our Nation have fastest-growing state in the Nation, support of good teachers, and a sup- greatly enriched America. For exam- and Nevada’s Hispanics have increased portive community, I was able to ac- ple, the first two Hispanic Americans from 124,408 people out of 1.2 million in complish what my parents had to win the Nobel Prize, biochemist 1990, to 253,329 people out of 1.7 million dreamed for me. Democrats want to Severo Ochoa and physicist Luis Alva- in 1997, according to Census Bureau fig- make sure that every American has the rez, in their gain of worldwide acclaim, ures released last week. This is a large opportunity to obtain a good education added to America’s greatness in their increase from 10.4 percent of the state and realize their full potential. respective fields. Dr. Ochoa of New population in 1990 to 15.1 percent in We have also been trying very hard York, was awarded the Nobel Prize in 1997. to reform our health care system. Mil- Medicine in 1959 for his discovery of ri- Hispanics have been the largest mi- lions of Americans worry every day bonucleic acid (RNA). According to a nority in Nevada for years and will be- about health care as they fight all New York Times article of November 3, come the largest minority in the rest manner of illness and disease, or care 1993, Dr. Arthur Kornberg shared the of the country in 2005. Overall in the for a loved one who is sick. Many Nobel Prize with Dr. Ochoa and said U.S., Hispanics number more than 30 Americans, including Hispanic Ameri- upon his death that Dr. Ochoa was ‘‘a million people. Along with some of my cans who make up almost one in every fine teacher, a person of great enthu- colleagues, I worked to address urgent four uninsured individuals in the U.S., siasm and optimism.’’ The Nobel Prize needs of this quickly growing segment wonder about how they will obtain the in Physics was awarded to Dr. Alvarez of our U.S. population, forging inroads care they need when they need it, how in 1968 for discovering a subatomic par- ticle that can exist for only fraction of with various Hispanic organizations they will pay for it, whether or not the a second. He was born in California and through our Senate Hispanic Working care is quality care, and how much later died in Berkeley, California in Group. The Working Group has met control they will have over their own 1968. regularly throughout the past year, en- health care decisions. We have man- Another great American, Franklin couraging a two-way learning process aged to elevate on the national level Chang-Diaz, became the first Hispanic in which we have come to better under- one comprehensive solution to many American in space when he flew on a stand important concerns that His- families’ health care worries in Pa- 1986 space shuttle Columbia mission. panic Americans have, while expressing tients’ Bill of Rights legislation. We Ellen Ochoa became the first Hispanic to the Hispanic community our earnest did this because people want to change female astronaut when NASA selected desire to address these concerns. The the way managed care works, or more her for that duty in 1990, after receiv- group has forged ties with Hispanic or- accurately, doesn’t work. Regrettably, ing her Masters and Ph.D. degrees in ganizations such as the National Coun- partisans have fought against full con- electrical engineering from Stanford cil of La Raza, League of United Latin sideration of managed care reform in University. These Americans have pre- American Citizens, National Associa- the Patients’ Bill of Rights that would sented themselves as ideal role models tion of Latino Elected Officials, Amer- address issues at the heart of Ameri- for other Hispanic Americans aspiring ican GI Forum, Mexican American cans’ health care concerns. Democrats to excel in science and technical fields. Legal Defense and Educational Fund, will continue pushing to increase pa- Our country’s Armed Forces have National Latino Children’s Institute tient protections for all Americans. also been proud to have Hispanics serve and MANA A National Latina Organi- We have also, time after time, come to protect America’s freedom and lib- zation. I am very pleased that our to this floor to talk about strength- erty. The U.S. Congressional Medal of Leader, Senator DASCHLE, asked me to ening retirement security for current Honor Society has so far presented 38 work with Senator BINGAMAN and Sen- and future generations. I hear our Hispanic Americans with the distin- ator JOHN KERRY in this effort. young people’s anxiety about their re- guished Medal of Honor for their valor Practical, everyday issues Democrats tirement—that nothing will be avail- and great bravery. Without the integ- have worked to address for Hispanic able to help them when it’s time to rity and spirit exemplified by these in- Americans are many in number and leave the workforce. Unfortunately for dividuals, Americans everywhere would quite varied. For instance, we united to Hispanics, out of the one in ten who be facing a less secure world. Latinos pass an amendment to the education are part of the workforce, only one in have been with us through the Revolu- IRA bill which I offered, along with my three or 32 percent of the 13.2 million tion, expansion to the West, and every colleague from New Mexico, Senator working Hispanic Americans partici- conflict we have faced as a Nation; BINGAMAN, to help reduce the alarming pate in employee pension plans. The more than 400,000 Hispanics served the number of high school dropouts in this participation rate for other minorities U.S. during World War II, and nearly country. Although the amendment was is 44 percent and for white Americans, 25,000 served during the Persian Gulf added to the bill, it was regrettably 51 percent. The situation is bleaker for War. stripped in conference. Hispanic women, who earn on average

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10447 only 57 cents for every dollar earned by panic Leadership Summit—the second proud. The Latin Energy Dancers of men and are thus unable to build sav- one in a series—which will take place Carson City, Nevada are being recog- ings or save for retirement. in Nevada this October. The first His- nized this week by the National Latino Our solution is the Retirement Ac- panic summit I helped arrange in 1997 Children’s Institute—my warm con- cessibility, Security, and Portability served as a catalyst for discussions in gratulations go out to this group on Act of 1998, a comprehensive pension issue forums on education, health care, being declared as one of the institute’s bill that includes a wide range of pro- crime and community health, business La Promesa Award Winners 1998. Con- posals designed to help Americans pre- and employment, and political aware- gratulations to Father Omar Botia for pare for a secure retirement. This leg- ness, and this year’s summit will spur being this year’s recipient of the Hu- islation would expand pension cov- discussion on the same issues. In addi- manitarian of the Year ‘‘Adelante’’ erage, strengthen pension security, tion to identifying Nevadans to serve Award. Father Omar, my friend, has promote pension portability, and in- in leadership roles for the community contributed much to the Hispanic com- crease equity for women. We are also in these areas, summit participants munity in Reno, not only in the spir- working to save Social Security—a proposed solutions to various problems, itual realm, but also in recognizing the program that has succeeded in keeping such as educational programs to ad- need for improvement of their tem- millions of older Americans out of pov- dress high school dropout rates, alter- poral situations. Also, MANA, A Latina erty, helping people who don’t have natives to gangs, improved adult edu- Organization recently opened a new pension plans or inadequate pensions, cation and bilingual education/English chapter in my state in Las Vegas—I and serving as a necessary safety net. as a Second Language programs, and wish them the best in their new en- Americans shouldn’t face great anxiety better access to higher education. I en- deavor. Let this month be a celebration in their golden years and should rather courage my colleagues to hold events for achievements and honors like be free to enjoy their grandchildren, such as this one in their own states, as these, through which the Hispanic second or third careers, and as active a a way to further encourage solidarity community will continue to grow and lifestyle as they desire. and real progress as the Nevada sum- flourish. Hispanic Heritage Month will We have accomplished other things mits did for the Hispanic community in be a time for us to remember the con- with the support of Hispanic Ameri- my state. tributions that the Hispanic commu- cans during this Congress, such as halt- Many accomplishments of Hispanic nity has shared with us and has given ing an assault on the Disadvantaged Americans came to light at the sum- to this, only adding to its greatness. Business Enterprise (DBE) program. mit, and Hispanic Heritage Month pre- We are reminded this month that the During Senate consideration of ISTEA sents us a terrific opportunity to cele- United States is a country of true di- II, the comprehensive highway funding brate those accomplishments once versity, which revels in the differences bill, Democrats succeeded in protecting again. For example, as Hispanic con- of its individuals, and rejoices in the the DBE program which helps to en- sumers grow in number and purchasing common strains that unite us as Amer- sure that minority- and women-owned power, producers, retailers and adver- icans.∑ small businesses have a fair oppor- tisers are recognizing Hispanics’ strong tunity to compete for Federal-aid high- economic muscle and finding selective f way and transit construction projects. marketing to Hispanics increasingly HISPANIC HERITAGE MONTH In my state, $26.6 million or 11 percent important. The Hispanic share of total of 1997 contracting dollars coming into buying power in my state grew from 6.4 ∑ Mr. LAUTENBERG. Mr. President, I Nevada went to minority- and women- percent in 1990 to 8.2 percent in 1997— rise to pay tribute to the Latino com- owned businesses. In 1996, the DBE pro- an increase from $1.38 billion to $3.17 munity. As we celebrate Hispanic Her- gram brought in $4.2 million for minor- billion in less than a decade. Nation- itage Month, I want to recognize the ity-owned firms, or 7.3 percent of Fed- ally, Hispanic buying power rose from contributions made by millions of eral contracting funds. It is imperative 5.2 percent or $210 billion in 1990 to 6.1 Latinos in our nation. New Jersey is a that we continue our diligence in help- percent and $348 billion in 1997, accord- truly multi-cultural state and I am ing these businesses fight against dis- ing to the Selig Center for Economic honored to help represent this vigorous crimination and flourish in their re- Growth at the University of Georgia. community in the United States Sen- spective industries. Hispanic Americans are helping to ate. This year, we fought for a restoration grow the economy. Mr. President, this month we cele- of Food Stamps to legal immigrants Hispanic entrepreneurs are also be- brate a community with leadership who unfairly lost their benefits. As my coming a significant force in Nevada’s which is notable in every facet of our colleagues recall, the Republican wel- economy, and the U.S. as a whole. Ne- society; which continually commits to fare bill in 1996 introduced several pro- vada’s 3,900 Hispanic-owned firms family, education and business; and visions harmful to legal immigrants, earned $484 million in sales and re- which is a vital force in our economy. including a prohibition that cut 935,000 ceipts in 1992—double the number of Latinos have persevered, often under individuals from the Food Stamp pro- firms existing in 1987 (1,767 businesses) difficult situations, yet remain hopeful gram alone. Although eligibility later and triple the sales and receipts logged even as they strive for change. His- was restored in 1997 for certain immi- in 1997 ($142 million), according to the panic elected officials and community grants in selected Federal assistance Census Bureau. As of 1996, there were leaders work to increase involvement programs, many others remained ineli- an estimated greater than one million in the electoral process, break the gible for necessary benefits in the Fed- Hispanic-owned businesses in the U.S. cycle of poverty and improve people’s eral safety net that helps poorer fami- Also growing in number around the lives. Many Latino soldiers have made lies. We included a partial, $818 million country are Hispanic Chambers of the ultimate sacrifice in giving their restoration in the agricultural research Commerce—which numbered 169 in 31 lives for the common good of our coun- bill conference report, defeating a mo- states in 1995, according to Hispanic try. Today, I want to honor these brave tion to recommit the conference report Business, Inc. This included the Latin Americans and their families. And I with instructions stating that Food Chamber of Commerce of Nevada in also want to honor Latina/o heroes and Stamp benefits be restored only to ref- Las Vegas and the Hispanic Chamber of heroines like the late Julia de Burgos, ugees and asylees who were lawfully re- Commerce in Reno. I am encouraged to Arturo Alphonso Schomburg, Cesar siding in the U.S. on August 22, 1996. see that these businesses have come a Chavez, Roberto Clemente, Puerto Bib- Immigrants were inequitably subjected long way and that they are projected liophile and Don Pedro Albizu Campos to an arbitrary cutoff of benefits that to grow even more dramatically in the among others. These teachers, advo- hurt them dearly and took food out of next five to ten years. cates, athletes, and activists have the mouths of young children. We made In closing, Hispanic Americans have brought pride to their community, ensure that at least part of this injustice much to celebrate this month. I feel riched our country, and provided role was reversed. there is no better occasion than now to models for all of us to emulate. I hope that a similar range of issues personally congratulate a few winners I commend the Latino community will be addressed in a statewide His- who have made the Silver State quite for its courage and persistence and

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10448 CONGRESSIONAL RECORD — SENATE September 16, 1998 want to warmly acknowledge the tal- Integrity and fairness are words syn- cation, pursuant to section 302 of the ent and vitality its expanding popu- onymous with the characteristics and Congressional Budget Act. lation brings to our nation. I thank the judicial talents Judge Atkins has ex- The revisions follow: community for leading by example, hibited in serving the public. He is par- and for promoting a national policy ticularly credited with ending segrega- Budget authority Outlays agenda which highlights very basic tion in Dade County’s schools; pre- Current Allocation: Defense discretionary ...... 271,570,000,000 266,635,000,000 human necessities that should be the serving the rights of the homeless; vig- Nondefense discretionary ...... 255,209,000,000 265,037,000,000 right of every American. orously upholding the tenets of free Violent crime reduction fund ... 5,800,000,000 4,953,000,000 Highways ...... 21,885,000,000 Mr. President, a democratic and pros- speech; and granting the equal treat- Mass transit ...... 4,401,000,000 perous society, such as ours, should not ment of refugees. As an affirmation of Mandatory ...... 299,159,000,000 291,731,000,000 Total ...... 831,738,000,000 854,642,000,000 step back from a national commitment his legal acumen, the University of Adjustments: to provide assistance to those who Miami School of Law established the C. Defense discretionary ...... Nondefense discretionary ...... +425,000,000 +377,000,000 strive to achieve the American dream, Clyde Atkins Moot Court Series, where Violent crime reduction fund ...... despite the odds. In particular, I want law students are able to hone their own Highways ...... Mass transit ...... to emphasize the importance of a qual- legal talents. Mandatory ...... ity education for the success of Latino A driven and conscientious worker, Total ...... +425,000,000 +377,000,000 Revised Allocation: children. Our Latino young people are Judge Atkins has been highly praised Defense discretionary ...... 271,570,000,000 266,635,000,000 a great source of strength and hope for by his colleagues and associates, and Nondefense discretionary ...... 255,634,000,000 265,414,000,000 Violent crime reduction fund ... 5,800,000,000 4,953,000,000 the future and they should be able to has garnered the highest respect from Highways ...... 21,885,000,000 participate fully in the American expe- within and beyond the legal commu- Mass transit ...... 4,401,000,000 Mandatory ...... 299,159,000,000 291,731,000,000 rience. We should not cut off benefits nity. He has been recognized by numer- Total ...... 832,163,000,000 855,019,000,000• to children, the elderly, and disabled ous community organizations, espe- immigrants who entered our country cially the Catholic Church to which he f legally and may have no other means has held a strong and abiding devotion MOTION TO ADJOURN of survival. Quality child care, early during his lifetime. Judge Atkins has Mr. LOTT. Mr. President, I move childhood development and work train- been President of the St. Augustine Di- that the Senate stand in adjournment ing initiatives are also critical invest- ocesan Union of Holy Name Societies until 9:30 a.m. on Thursday and ask for ments that can make all the difference and President of the Miami Arch- the yeas and nays. to Latino children. diocesan Council of Catholic Men, as The PRESIDING OFFICER. Is there a Mr. President, I am proud to honor well as receiving the National Con- sufficient second? New Jersey’s Hispanic community ference of Christians and Jews Out- There is a sufficient second. today and to have the opportunity to standing Catholic Award. He has been The yeas and nays were ordered. ensure that Latino contributions, in- honored by the Anti-Defamation f sights and sacrifices do not go unno- League of B’nai B’rith and the Greater ticed.∑ Miami Jewish Federation awarded him SCHEDULE f with the Lifetime Achievement Award. Mr. LOTT. Mr. President, for the in- Amidst these impressive accomplish- TRIBUTE TO THE HONORABLE C. formation of all Senators, we will then ments, I believe that Judge Atkins CLYDE ATKINS go to the unanimous consent agree- would cite his 61 year marriage to the ment we had with regard to bank- ∑ Mr. GRAHAM. Mr. President, I join former Esther Castillo as the most ruptcy. The first 2 hours will be de- the citizens of South Florida in cele- cherished, treasured, and important bated, equally divided, on minimum brating the distinguished career of part of his life. Together, as lifetime wage, and then we will go to the bank- Federal Judge C. Clyde Atkins, a man partners, they raised three children ruptcy bill after that. Beginning to- held in the highest esteem by his peers and have enjoyed the pleasures of morrow afternoon at 2 p.m., we will go in the community and within the legal grandparenting, as much as my wife to the veto override issue on the par- profession. Adele and I have. tial-birth abortion ban. That is not a Born in Washington, D.C., Judge At- Mr. President, I join all those who unanimous consent request. It is an an- kins began his legal career when he at- honor Judge Atkins for his lifetime of nouncement of our intent. tended the University of Florida where commitment to the people of our state. Mr. KENNEDY. Mr. President, par- his law studies—which he supported by His competence, unswerving integrity liamentary inquiry. When the Senate working at campus jobs—earned him a and devotion to the bench, his mild and convenes tomorrow, what will be the legal degree in 1936. He practiced law in gentle manner, and his consummate re- unfinished business? Will the remain- Stuart, Florida before moving to spect for the law have given the people ing time be allocated under the cloture Miami where his distinguished legal of Florida a person who serves as a role motion, which entitles Members to performance was highly recognized. He model for all to emulate. speak for up to an hour in the post-clo- served as President of the Dade County We cherish his service and wish him ture period? Bar Association from 1953 to 1954, and well as he continues to provide judicial The PRESIDING OFFICER. Under as President of the Florida Bar Asso- leadership and inspiration to future the unanimous consent, the Senator is ciation in 1960. generations.∑ correct. In 1966, he was appointed a United f Mr. KENNEDY. Mr. President, par- States District Judge for the Southern liamentary inquiry. SUBMITTING CHANGES TO THE AP- District of Florida, having been nomi- The PRESIDING OFFICER. The Sen- PROPRIATIONS COMMITTEE AL- nated by President Lyndon Johnson. ator will state it. He served as Chief Judge from 1977 to LOCATION Mr. KENNEDY. Mr. President, could 1982, during which time he was ap- ∑ Mr. DOMENICI. Mr. President, sec- the Chair state what the business will pointed by United States Supreme tion 314(b)(2) of the Congressional be when we come back in the morning, Court Chief Justice Burger as Chair- Budget Act, as amended, requires the whether it will be the unexpired time man of the Judicial Conference Com- Chairman of the Senate Budget Com- on the cloture motion, is that correct? mittee on Operation of the Jury Sys- mittee to adjust the appropriate budg- The PRESIDING OFFICER. The Sen- tem. Additionally, President Jimmy etary aggregates and the allocation for ator is correct. Carter appointed him a member of the the Appropriations Committee to re- Mr. KENNEDY. It will require con- National Commission for the Review of flect an amount provided for consent to move off that to consider other Antitrust Laws and Procedures, on tinuing disability reviews subject to business, is that correct? which he served from 1978 to 1979. In his the limitations in section 215(b)(2)(C) of The PRESIDING OFFICER. It will present position on the federal bench, the Balanced Budget and Emergency require either consent or disposition of Judge Atkins has served 32 outstanding Deficit Control Act. the clotured item. years, longer than anyone there pres- I hereby submit revisions to the 1999 Mr. KENNEDY. Would that be a time ently. Senate Appropriations Committee allo- for Members who have been waiting

VerDate Mar 15 2010 03:14 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S16SE8.REC S16SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 16, 1998 CONGRESSIONAL RECORD — SENATE S10449 here for 5 hours this afternoon and de- Murkowski Shelby Thomas CATHERINE M. MCNALLY, 0000 Nickles Smith (NH) Thompson BLAINE D. HORROCKS, 0000 nied the right to speak—at that time PETER L. SEIDLER, II, 0000 Roberts Smith (OR) Thurmond would they have an opportunity to ob- PHILLIP J. HEYL, 0000 Roth Snowe Warner ROBIN K. KUTZ, 0000 ject to further Senate business until Santorum Specter ROGER D. GIBSON, 0000 they have had an opportunity to ad- Sessions Stevens RICHARD F. BESELER, 0000 DAVID GLENN, 0000 dress the Senate? Would that be in NAYS—43 JOSEPH L. NIMMICH, 0000 order? RAYMOND E. SEEBALD, 0000 Akaka Feingold Levin KEVIN E. SCHUMACHER, 0000 The PRESIDING OFFICER. Any Sen- Baucus Feinstein Lieberman JAMES M. HASS, IV, 0000 ator has the right to object. Biden Ford Mikulski DAVID P. PEKOSKE, 0000 Bingaman Glenn Moseley-Braun PAUL F. ZUKUNFT, 0000 Mr. KENNEDY. Mr. President, I want ARTHUR L. HALVORSON, 0000 Boxer Graham Murray to indicate that I will object at that Breaux Harkin RICHARD P. YATTO, 0000 Reed JEFFREY Q. GAMBLE, 0000 time. Bryan Inouye Reid MICHAEL R. MOORE, 0000 The PRESIDING OFFICER. The ma- Bumpers Johnson Robb ROBERT S. BRANHAM, 0000 Byrd Kennedy EDWARD S. CARROLL, 0000 Rockefeller jority leader. Cleland Kerrey RONALD B. HOFFMAN, 0000 Sarbanes Conrad Kerry DALE E. WALKER, 0000 Torricelli KEITH G. JOHNSON, 0000 f Daschle Kohl CRAIG E. BONE, 0000 Dodd Landrieu Wellstone Wyden ROBERT L. MCLAUGHLIN, 0000 VOTE ON MOTION TO ADJOURN Dorgan Lautenberg LARRY E JAEGAR, 0000 Durbin Leahy SCOTT E. HARTLEY, 0000 Mr. LOTT. Mr. President, I believe ROBERT L. LACHOWSKY, 0000 the yeas and nays have been asked for, NOT VOTING—2 KEVIN P JARVIS, 0000 THOMAS R. RICE, 0000 and there was a sufficient second. Helms Hollings MARK J. CAMPBELL, 0000 The PRESIDING OFFICER. Regular f ERNEST W. FOX, 0000 JOHN C. MIKO, 0000 order is the question on agreeing to the ADJOURNMENT UNTIL 9:30 A.M. BURTON S. RUSSELL, 0000 motion. MICHAEL P. SELAVKA, 0000 TOMORROW DOUGLAS D. WHITMER, 0000 The clerk will call the roll. EDWARD D. NELSON, 0000 Mr. DORGAN. Will the Senator from The motion was agreed to and at 6:27 THEODORE P. MONTGOMERY, 0000 DAVID S. BRIMBLECOM, 0000 Mississippi yield for a question? p.m., the Senate adjourned until BRUCE A. DRAHOS, 0000 Mr. LOTT. I don’t believe I have the Thursday, September 17, 1998, at 9:30 ROBERT C. PARKER, 0000 RONALD E. KILROY, 0000 floor to yield, Mr. President. a.m. FRANCIS X. OBYRNE, JR., 0000 The PRESIDING OFFICER. The f JOHN S. BURHOE, 0000 JEFFREY K. KARONIS, 0000 question is on agreeing to the motion. NOMINATIONS DAVID M. ILLUMINATE, 0000 On this question, the yeas and nays IN THE ARMY have been ordered, and the clerk will Executive nominations received by the Senate September 16, 1998: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT call the roll. IN THE UNITED STATES ARMY TO THE GRADE INDICATED The legislative clerk called the roll. THE JUDICIARY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. NICKLES. I announce that the WILLIAM J. HIBBLER, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT To be lieutenant general Senator from North Carolina (Mr. OF ILLINOIS VICE JAMES H. ALESIA, RETIRED. HELMS) is necessarily absent. MATTHEW F. KENNELLY, OF ILLINOIS, TO BE UNITED MAJ. GEN. MICHAEL A. CANAVAN, 0000 Mr. FORD. I announce that the Sen- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF ILLINOIS VICE PAUL E. PLUNKETT, RETIRED. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- OL ator from South Carolina (Mr. H - IN THE COAST GUARD CATED UNDER TITLE 10, U.S.C., SECTION 12203: LINGS) is necessarily absent. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be brigadier general The result was announced—yeas 55, TO THE GRADE INDICATED IN THE UNITED STATES COL. JOHN M. SCHUSTER, 0000 nays 43, as follows: COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT [Rollcall Vote No. 272 Leg.] To be captain IN THE UNITED STATES ARMY TO THE GRADE INDICATED YEAS—55 JOHN H. SIEMENS, 0000 WHILE SERVING AS THE DIRECTOR, NATIONAL IMAGERY WILLIAM R. PERRIN, 0000 AND MAPPING AGENCY DESIGNATED AS A POSITION OF Abraham Craig Hatch MICHAEL J. SKIRCHAK, 0000 IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, Allard D’Amato Hutchinson ROBERT E. DUNN, 0000 U.S.C., SECTIONS 441 AND 601: Ashcroft DeWine Hutchison WILLIAM S. CHEEVER, 0000 To be lieutenant general Bennett Domenici Inhofe COLLIN S. CAMPBELL, 0000 TIMOTHY L. BELTZ, 0000 MAJ. GEN. JAMES C. KING, 0000 Bond Enzi Jeffords DAVID G. WESTHOLM, 0000 Brownback Faircloth Kempthorne JOHN M. HOLMES, 0000 IN THE NAVY Burns Frist Kyl BRIAN M. SALERNO, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Campbell Gorton Lott CYNTHIA A. COOGAN, 0000 MICHAEL G. WALLACE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES Chafee Gramm Lugar NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTIONS 12203 Coats Grams Mack RANDOLPH C. HELLAND, 0000 JOHN A. SCHOTT, JR., 0000 AND 14502: Cochran Grassley McCain GARY F. GREENE, 0000 To be captain Collins Gregg McConnell GEORGE E. HOWE, 0000 Coverdell Hagel Moynihan THOMAS W. SPARKS, 0000 THOMAS E. KATANA, 0000

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