21328 CONGRESSIONAL RECORD-SENATE October 7, 1997 SENATE-Tuesday, October 7, 1997

The Senate met at 10:30 a .m. and was welcome his words of assurance to give reports that become available. There­ called to order by the President pro strength to all of us in the discharge of fore, additional votes will occur fol­ tempore [Mr. THURMOND]. our duties. lowing the 2:15 p.m. vote during today's The PRESIDENT pro tempore. To­ Reverend Pruitt serves as the pastor session of the Senate. I yield the floor. day's prayer will be offered by our of the Burke United Methodist Church guest Chaplain, the Reverend C. Ed­ in the Commonwealth of Virginia. He ward Pruitt, Burke United Methodist has been in that post for 3 years and MORNING BUSINESS has ministered to the people of Vir­ Church, Burke, VA. Dr. Pruitt, we are The PRESIDING OFFICER (Mr. ROB­ pleased to have you with us. ginia and Maryland for the past 30 years in his distinguished career. A ERTS). Under the previous order, there will now be a period for the transaction PRAYER graduate from the Wesley Theological of morning business, with the Demo­ The guest Chaplain, Rev. Dr. C. Ed­ Seminary here in Washington, Rev­ erend Pruitt has a very unique back­ cratic leader having 45 minutes under ward Pruitt, Burke United Methodist his control. Church, Burke, VA, offered the fol­ ground. If one detected a slight accent in the The distinguished Democratic leader lowing prayer: is recognized. Let us pray. Reverend Pruitt's words this morning, it might be because he grew up as a wa­ Mr. DASCHLE. Mr. President, thank God of all creation, Who has made of you for the recognition. one blood all the nations of the world terman's son- that's a fisherman's to dwell on this Earth, help us to live son- on the small island named Tan­ gier in the middle of the Chesapeake as brothers and sisters. May we have CAMPAIGN FINANCE REFORM love, compassion, and concern for one Bay. Here the islanders still speak with another knowing that when one of us great pride with a lingering trace of Mr. DASCHLE. Mr. President, let me the Elizabethan English dialog, reflect­ begin by simply commenting on the in­ suffers, we all suffer. ing the historic settlement of that is­ On this day, 0 God, we pray for the teresting juxtaposition this body finds land by the English Captain John peacemakers of our world as they fly itself in this morning. Smith in 1608. from Washington to the Middle East, Less than 500 yards from here, the I do not know how many of my col­ Governmental Affairs Committee is from the United Nations to Bosnia, and leagues know that Tangier Island in to all parts of our war-torn world. They holding a hearing- another hearing­ Virginia exists, but it does. I have been dealing with questions relating to cam­ carry with them their briefcases and a privileged to be there many times. It is deep desire for peace among the peo­ paign finance in the last Presidential noted for one other thing: There is not campaign cycle. There seems to be an ples of the Earth. Hear our prayer for a single automobile for transportation. these peacekeepers and leaders who extraordinary degree of enthusiasm for Again, we welcome Reverend Pruitt, pursuing every facet of that particular long for peace but don't yet know how and the Senate is particularly grateful to find that peace. Give them Your exercise, and I understand the enthu­ to Bill Hoagland, chief of staff to the siasm because, obviously, it reflects in guidance, Your wisdom, and commit­ Republican Senate side of the Budget ment, O God. a very negative way upon many in the Committee for bringing to the atten­ Democratic Party. There has been an And now we ask Your special bless­ tion of the President pro tempore and ings and guidance upon the Members of effort to direct the committee's atten­ the leadership the availability of this tion to similar allegations regarding this Senate body as they seek Your distinguished pastor. will for America and the world. In their Thank you. I yield the floor. Republican activities, but the Demo­ deliberations, give them hospitality, crats have largely been denied an op­ friendliness, and humor, and may what portunity to demonstrate any balance. they say and do on this day make a SCHEDULE In fact, with all of the hearings held real difference in our world. Mr. GREGG. Mr. President, this thus far, I am quite sure there have Bring life to our spirits and a sense of morning, the Senate will be in a period only been 3 days out of all of those joy to our living. May Your will be for morning business until 12:30 p.m. At hearings held that the committee has done in our lives, our country, and our 12:30 p.m., the Senate will recess for spent analyzing, considering allega­ world. We pray in humbleness and the policy luncheons to meet until 2:15 tions regarding Republican activity. So thanksgiving. Amen. p.m. When the Senate reconvenes at while 90 percent of the attention is cen­ 2:15 p.m., the Senate will proceed to a tered on Democrats and less than 10 cloture vote on the paycheck protec­ percent on Republicans, the investiga­ RECOGNITION OF THE ACTING tion amendment currently pending· to tion goes on. MAJORITY LEADER S. 25, the campaign finance reform bill. The real question is, Where will this The PRESIDENT pro tempore. The If cloture is not invoked on the amend­ take us? And that leads me to this able acting majority leader is recog­ ment, the Senate will proceed to a clo­ comment on juxtaposition. I wouldn't nized. ture vote on the campaign finance re­ be surprised if on the cloture vote this Mr. GREGG. Mr. President, I yield to form bill itself. If cloture is not in­ afternoon, virtually every member of the Senator from Virginia for a brief voked on the bill, the Senate could re­ the Republican Governmental Affairs comment relative to the opening pray­ sume the D.C. appropriations bill for Committee will vote against cloture on er. the consideration of the remaining the bill, will vote not to come to some Mr. WARNER. I thank the leader. issues to that appropriations matter. A termination of this charade that we cloture vote is scheduled for tomorrow have called debate for the last 14 days. on the pending Mack-Graham amend­ It was on September 19 that the ma­ THE GUEST CHAPLAIN ment to the District of Columbia ap­ jority leader came to the floor, sur­ Mr. WARNER. Mr. President, ft is my propriations bill if that issue is not re­ prising virtually all of us and asking privilege to recognize this morning the solved. unanimous consent to go to the cam­ Reverend C. Edward Pruitt as our guest Also, as announced, the Senate may paign finance reform legislation. Not Chaplain for today. We particularly turn to any appropriations conference having had an opportunity to consult

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. October 7, 1997 CONGRESSIONAL RECORD-SENATE 21329 with my colleagues, we had a tem­ the majority leader has made it very bill; let's load up the tree so we can't porary delay in agreeing to that pro­ clear why. That's too easy. He wants to have a debate on amendments. posal. But during that discussion, the set up a situation that requires a We all understand it. The American majority leader made it very clear: Democratic filibuster. people understand it too, Mr. Presi­ We want to do it in a time when it can be So this is a poison pill, Mr. Presi­ dent. Sooner or later we will have our fully debated. I think it is important that we dent-a poison pill. Why would Demo­ day. It is the old lose the battle, win have a chance to look at different proposals crats oppose cloture on the amend­ the war metaphor that keeps coming and see if a consensus can be reached. . . . ment? Because if cloture is invoked on back. We may lose cloture today, we So, we fully intend to have notification of the amendment, by the very nature of the date and an adequate discussion of all may not get our tabling motion today, sides of the issue .... cloture, all other amendments that are but we are going to get some votes. If ... we will have a full panoply of options nongermane to that particular amend­ it is all we do for the rest of this Con­ to make sure we have it brought up at the ment falls. Could we add corporations? gress, we are going to get some votes. right time and we can have a full debate and No. Could we add any other organiza­ Others have come to the floor to seek look at all the other things we need to con­ tion? No. So everybody ought to under­ recognition. I yield the floor. sider. stand what this is all about. The ma­ Comments made by the majority jority leader does not want an up-or­ Mr. DORGAN addressed the Chair. leader on September 19. down vote on his amendment. He The PRESIDING OFFICER. The Sen­ Mr. President, that was over 2 weeks doesn't want an up-or-down vote on ator from North Dakota is recognized. ago. Everyone can recall what has hap­ campaign finance reform. Mr. DORGAN. Mr. President, I appre­ pened since then. The bill was imme­ So we find ourselves in an interesting ciate the comments of the Senator diately laid down. The majority leader, situation. We could table the amend- from South Dakota. I rise to support as is his right, proceeded to fill the par­ . ment. I believe the votes are now here his comments. liamentary tree. By that, I mean add­ for the Senate to table the Lott amend­ Mr. President, there is a wonderful ing, 8 or 10 amendments to the bill to ment, but it is increasingly unlikely cemetery in a little town called preclude Democrats from offering any that we will have an opportunity to Medora, ND, on the edge of the Bad amendments to the McCain-Feingold table the amendment this afternoon. Lands in western North Dakota. The bill. He did not offer just any amend­ I am very disappointed with the way cemetery has very unusual tombstones ment. He introduced this Lott amend­ this whole matter has been handled in it because they did not always know ment, the bill, S. 9, kill the bill- which from the very beginning in laying down the names of the people who died when at least he was very up front about. He the unanimous-consent request. When they tried a century later to identify is quoted in the Wall Street Journal on the majority leader attained his posi­ the remains in the cemetery. So they the 26th of September saying: tion, he and I had what I thought was took an oral history of the old folks I set it up so they will be filibustering me. an understanding: There would be no living around there and did the best He was quoted in the Washington surprises. Well, you can imagine my they could. Times on the same day: shock at the surprise a few weeks ago, So if you visit that little cemetery, I presume the Democrats are going to fili­ that is, on September 19, at this unani­ you will see tombstones that say, on buster what we laid out. I set it up so they mous consent request, considering our one " Baby From The Hotel." They did are going to do the filibustering, not the Re­ understanding. publicans. not know who it was. They just knew it Yesterday, we filed a cloture motion was a baby that died in the hotel. On So, Mr. President, his motives were to ensure that there will be another the other, " Man The Bank Fell On." pretty clear. He laid it out very well. vote on reform, at least tomorrow. Still another tombstone, " Cowboy So there shouldn't be any doubt what What I didn't know is that the 'major­ With 2 Acres." Still another, they this is about. This isn't a discussion ity leader took us out of debate on the knew the man's name was Pete and it about whether or not the proposal is a campaign finance reform bill in order said, "Pete, He Died In A Disagree­ good idea. We have already suggested, to preclude a tabling motion yesterday. ment." proposed that if it is a good idea, let's That was surprise No. 2. So this debate extend it to all organizations, let's ex­ has been filled with surprises. I am sur­ It is an interesting cemetery to visit tend it to corporations, let's extend it prised, given what he said on Sep­ because by these tombstones you can to all membership organizations that tember 19 about the full panoply of op­ tell, without knowing the names, who involve themselves in elections. If you tions, that we have no options at all. is buried there. pay dues, you ought to have the oppor­ We have the option of voting for clo­ I was thinking about that cemetery tunity to say how those dues are spent. ture. today because we have today a group of That is the Republican argument. Well, If all this is confusing, it really boils people who are fixing to try to kill and if it is good for unions, it ought to be down to something very simple: Do you then bury campaign finance reform. good for corporations; it ought to be support meaningful campaign finance They have been out here for days. good for the Chamber; it ought to be reform? Do you or not? If you do, you Today is their day because today we good for every other organization. will press the majority leader for a ta­ have some votes. They want to kill it, Interesting enough, the Right to bling motion on his amendment. If you and they want to bury it. Work Committee, no bastion of support do , you will vote for cloture this after­ The problem for them is no matter for labor unions, is quoted in the Wash- noon on the McCain-Feingold bill. So what happens today, they are not able ington Post: . there shouldn't be any confusion at all to create a tombstone that says, rest in The Right to Work Committee says it is about what this is about, about what peace for campaign finance reform, be­ opposed to any union provisions being in­ the motivations are or about the cir­ cause it is not going to rest in peace. cluded in the campaign finance overhaul. cumstances in which we find ourselves Those who believe there is not enough Even the Right to Work Committee this morning. money in politics and we ought to have opposes adding the Lott amendment to The bottom line is, the vast majority more, those who believe that we ought the campaign finance reform bill. of Republicans are refusing to allow to kill campaign finance reform and So we are not fooling anybody here, this Senate to act on one of the most they are the ones to do it, they want to Mr. President. We have offered, as I important pieces of legislation to be have a little rest in peace tombstone noted a moment ago, to take S. 9 sepa­ brought up in this Senate in this Con­ and run to the back rooms and collect rately; no filibuster. Let's have a good gress. That is the fact. And how ironic their political inheritance, the tens of debate about whether it makes sense. that as we investigate infractions, as millions of dollars that keep flowing Let's have amendments, and then let's we investigate allegations, the re­ into all of these coffers and hard vote up or down. We have offered that. sponse is simply: Let's do nothing; let's money and soft money for this organi­ That hasn't been accepted. Why? Well, filibuster the campaign finance reform zation and that organization. . -.~---. -~-~---- - . .

21330 CONGRESSIONAL RECORD-SENATE October 7, 1997 It is not going to work quite that to all of America you really allowed paign finance reform, if you think you way. If they kill campaign finance re­ consideration of campaign finance re­ have killed it today, it is going to be form today, it will have been a cha­ form. resurrected tomorrow. This is not rade. We were told that we would con­ That is not consideration. That is a going to rest in peace. You are going to sider campaign finance reform on the sham. That is not about honest consid­ vote on this and vote on this and vote floor of the Senate. How did it come to eration of campaign finance reform. An on this until you understand this is a the floor of the Senate? It came to the honest consideration of it would be to serious issue and the American people floor of the Senate tied in ropes with a bring the bill to the floor and let peo­ insist that this Congress do something procedure designed to prevent anyone ple file amendments and have a debate about campaign finance reform. from offering any amendments or hav­ and have votes and determine what is I am proud, as I believe the Senator ing any votes except those structured the will of the Senate. from South Dakota, the minority lead­ by the majority leader. And those The goal of those who want to kill er, Senator DASCHLE, is proud and my structured by the majority leader are this today is to do nothing because colleagues are proud of standing for re­ intended to accomplish the following: they like the current system. They will form and deciding that we support the According to one who spent a great feel, I assume, like hogs in a corn crib kind of changes that are necessary to deal of time on the floor here, "We're when this is all done, just rejoicing at bring some heal th to the campaign fi­ going to kill it, and kill it proudly." their bounty because they will have nance system in this country and to do Campaign finance reform, that is their killed campaign finance reform, and something about the abuses, the out­ goal, "kill it, and kill it proudly." the hundreds of millions of dollars that rageous amounts of money in campaign "I set it up so they will be filibus­ continue to float around to all these finance. tering me," proudly crows another. campaigns will magnify and multiply Mr. President, I yield the floor. Conservative columnist Mr. Novak manyfold. Mr. KENNEDY addressed the Chair. wrote a column and said it as it was, We have had 6,700 pages of hearings The PRESIDING OFFICER. The Sen- on campaign finance reform, 3,361 floor ator from Massachusetts is recognized. The party's preference is * * * no reform speeches-make that 3,362 now today at all: Remove all limits on campaign con­ Mr. KENNEDY. Mr. President, how tributions but disclose them daily on the and 3,363 with the next Speaker-113 much time remains under the control Internet. Because that won't become law, votes over the years, 522 witnesses. And of the minority leader? the GOP leaders favor a Senate standoff in some say, Well, gee, we need more time The PRESIDING OFFICER. The time which no proposal gets 60 votes needed to to consider this. We don't need more remaining is approximately 24 minutes end a filibuster. time to consider this. Campaigns are 56 seconds. I did not say that. A Republican col­ not auctions. They are elections. Mr. KENNEDY. For the minority umnist wrote that. That is the strat­ Money isn't speech. If money is speech leader? egy. in American politics, then there is The PRESIDING OFFICER. That is Part of it is: " [Speaker] Calls For something wrong with the political correct. More, Not Less, Campaign Cash." It is system. Mr. KENNEDY. I yield myself 7 min­ because of a profound difference of If we cannot begin with the germ of utes, Mr. President. opinion. Despite the facts, despite this an idea that there is too much money Mr. President, Americans from all red line on campaign spending that in politics, that this red line sig·nifies walks of life know that we need tough goes up and up and up, spending that is something that is unhealthy about new laws that limit the role of money out of control in politics in this coun­ American politics and that soft money in election campaigns in American po­ try, despite that, we have people who is the legal form of cheating from the litical life. They are fed up with a cam­ believe the problem is there is not old type of campaign finance reform, and if you cannot deal with the form of paign process driven by the soaring enoug·h cash in politics. They are dead costs of television commercials. They wrong. They could not be more wrong. cheating that erupts from the old cam­ paign finance reform because you don't are fed up with incumbents and chal­ The American people know and the lengers . who spend more time raising American people understand that we want to do anything, then somehow we have failed as an institution. money from special interests instead of need to pass some sort of meaning·ful So my point today is very simple. In serving the public interest. campaign spending reform. I happen to 1996, the Democrats, through their or­ Americans want true campaig·n fi­ believe we ought to try to find a way to ganization, spent $332 million. That nance reform, and today is a test of put limits on campaign spending. was up 73 percent over 4 years previous. whether the Republican leadership in Individual races, the Supreme Court The Republicans spent $548 million. the Senate is listening. Will we get a said by a 5 to 4 decision you cannot That was up 74 percent over 4 years chance to enact campaign finance re­ support those. I would like the Su­ previous. form, or will the Republican leadership preme Court to have another oppor­ The fact is, the evidence is all around in the Senate continue to block reform tunity to rethink that, but in any us that the cost of these campaigns is or even withdraw the bill entirely? event there are other ways to do it to mushrooming and escalating, and it is Instead of reform and accountability provide incentives for spending limits unhealthy. The question is, what do we in Government, Republicans wants to on each campaign. In fact, the bill be­ do about it? silence the voices of America's working fore us is watered down. They took Today, we are going to answer the families. Instead of adopting real lim­ that portion of the bill out before it question who is for reform and who its on campaign spending, Republicans was brought to the floor. So what they isn't, who wants to do something about want to sweep the American worker are trying to kill is even just a skel­ this and who doesn't, who cares about under the rug. eton of what we ought to be doing. this issue and who doesn't care. In the world according to the Repub­ If we get to vote on amendments, I know some are going to be tempted licans, there would be more and more those of us who believe there ought to today to follow the strategy employed money for their campaigns and less and be spending limits will bring that to by the majority leader: Construct a less for those who speak up for better the floor and ask for a vote on that as tent and create an illusion and have jobs, better health care for our chil­ well. But that is not in the bill at the several cloture votes through which or dren, and a better retirement for our moment. behind which some Members can hide seniors. The strategy is a legislative strategy with their votes so you never ever get So far in this debate, instead of lim­ to bring it up, hav.e no votes, offer a to the central question of, Do you iting the amount of money in politics, poison pill, fill the legislative tree so stand for campaign finance reform or Republicans prescribe an overdose of everyone is bound up and no one can do don't you? money for elections in which their anything, then file cloture, have a vote I just say to those who have con­ friends in big corporations and their on cloture, and pull the bill and claim ceived of this strategy that this cam- lobbyists and special interests can October 7, 1997 CONGRESSIONAL RECORD-SENATE 21331 write more checks and bigger checks to ing together in their unions? The labor Senate to .open up pension funds for the Republican Party. movement is the most effective voice corporate raiders-all of these items Republicans in the Senate have de­ for working Americans in the political were put out on the American agenda, cided that they would rather kill the process, and we all know it. and in instance after instance the patient with a poison pill than cure the But the Lott amendment silences American people rejected the Repub­ disease. They say that unless the bill this voice. It imposes onerous prior licans' proposal and reelected a Demo­ silences the voice of labor unions and consent requirements on unions, and cratic President. American workers in the political forces unions to set up burdensome bu­ We must move beyond this partisan process, they will kill campaign fi­ reaucracies to meet its terms. The assault on American workers and enact nance reform. They want to increase amendment's supporters know this real campaign financing reform. We the power of large corporations and would cripple unions' ability to partici­ should heed the call of former Presi­ squash even the limited power that pate in politics. Yet those supporters dents Carter and Ford as they wrote on American workers have today. Repub­ say nothing about the denial of work­ Sunday: licans want to handcuff labor unions in ers' freedom to speak or associate. We must demonstrate that a government the battle for a living wage and fair re­ Many Republicans apparently care of the people, by the people and for the peo­ tirement benefits, for safety and health nothing for the first amendment when ple is not a thing of the past. We must redou­ conditions in the workplace. it comes to American workers. ble our efforts to assure voters that public In short, Republicans want to impose How hypocritical can you get? policy is determined by the checks on their a gag rule on American workers but let Well, I believe that the first amend­ ballots rather than the checks from powerful their friends in big corporations, the ment applies to employees as well as interests. National Rifle Association, and other executives. Unions have at least as If President Ford and President well-heeled special interests buy a con­ much right to speak as corporations. Carter can agree, if Vice President trolling interest in the Government. Nothing in the first amendment says Mondale and former Senator Kasse­ The Lott amendment is a killer " except if you are a union member." baum can agree, then surely this Sen­ amendment, because it unfairly pun­ Unfortunately, it seems that many of ate can reach agreement, too. ishes working Americans and their my colleagues on the other side dis­ I urge my colleagues to defeat the unions for participating in the 1996 agree. Lott amendment and support the elections. The Lott amendment bars They want to continue the torrent of meaningful reforms of the McCain­ unions from collecting dues from any campaign ads and political contribu­ Feingold legislation. I yield the floor. workers-including those who volun­ tions from the big tobacco companies Mr. REED addressed the Chair. tarily join a union- unless those work­ and other large corporations, the Na­ The PRESIDING OFFICER. The Sen­ ers sign a permission slip for their tional Rifle Association and other spe­ ator from Rhode Island is recognized. union dues to be spent for political pur­ cial interests. The Lott amendment Mr. REED. I yield myself 5 minutes poses. does nothing to affect the free flow of from the time controlled by the Demo­ When the amendment seeks to block money from those groups, whether cratic leader. labor union contributions for political their members agree or not. Where is The PRESIDING OFFICER. The Sen­ purposes, the restriction is not limited the concern for corporate shareholders ator is recognized for 5 minutes. to campaign ads or lobbying. Instead, who do not want their money going to­ Mr. REED. Mr. President, I rise it includes union newsletters, non­ ward political causes? What about today in strong support of meaningful partisan voter registration drives, and dues-paying members of the National campaign finance reform. In par­ get-out-the-vote efforts. The scope is Rifle Association who may not agree ticular, in support of the McCain-Fein­ vast, and the goal is obvious-to deny with all the political stands their orga­ gold bill. I want to commend those two working Americans those basic rights nization takes? I don't hear Repub­ Senators for their excellent work and of our democracy. licans expressing concerns about them. their unflinching efforts to bring this We have heard much in recent days Instead, under the Lott amendment measure to a vote. I also want to rise about the importance of the first it is only workers who are silenced in opposition to the proposed Lott amendment. Many on the other side of while big corporation and other special amendment. It is an amendment that the aisle wrap themselves in the ban­ interests are unaffected. is clearly a poison pill designed not to ner of free speech when they oppose the The current campaign finance laws, do anything other than derail meaning­ McCain-Feingold bill. They claim that inadequate as they are, at least apply ful campaign finance reform. This is the first amendment -requires that evenhandedly to political spending by the conclusion of all observers who more money be pumped into the poli t­ both business and labor. The Lott have looked at this carefully-Common ical process. amendment violates fundamental prin­ Cause, the League of Women Voters, That is Alice-in-Wonderland, look­ ciples of parity by imposing new re­ editorial pages in the New York Times ing-glass logic, and everyone knows it. strictions on workers and labor unions. and Washington Post. Political sci­ I couldn't disagree more, and so does This isn't reform; it is revenge. It is entist Norman Ornstein said, "A vote the majority of the American people. a blatant attempt to punish working for the Lott amendment is a direct Americans want campaign finance re­ Americans for their role in the 1996 move to kill reform." Rather than kill­ form, and they want it now. elections and an equally blatant at­ ing reform, we should be embracing it Strangely, those who claim that the tempt to increase the role of big busi­ today, in terms of the Feingold-McCain first amendment demands more money ness in the next election. legislative initiative. in politics are silent about the Lott These workers were pointing out the In 1884, the Supreme Court gave us amendment's effect on free speech. importance of fairness to working the task of protecting the electoral Working Americans and their unions Americans to increase the minimum system. In the words of the opinion in have first amendment rights to free­ wage, working families that were Ex Parte Yarborough, they said Con­ dom of speech and association. Polit­ pointing out the wrong priorities that gress has " the authority to protect the ical activity is critical for workers to were being pressed by the Republican elective process against two great nat­ protect the legislative gains they have leadership in cutting back essential ural and historical enemies of all re­ made in the past 70 years. Workers can education programs. They were point­ publics, open violence and insidious and should speak out to strengthen ing out the recommendations by the corruption.'' safety and health laws, and protect Republican majority to cut back on the What we are witnessing today in oµr American jobs against exploitative for­ Medicare Program and to use those electoral process encompasses this eign competition. cuts for tax breaks for wealthy individ­ form of insidious corruption-not spe­ And what better way to address these uals, and the programs that were rec­ cific misdemeanors, or infractions, but and other basic concerns than by band- ommended and passed in the House and a system in which the American people 21332 CONGRESSIONAL RECORD-SENATE October 7, 1997 are losing faith and confidence, that The sum of all this is that we need Mr. WELLSTONE. I thank my col­ they are seeing their system transform fundamental reform. The Feingold­ league for his strong words. He has from one in which free elections are McCain bill presents such reform. It been a very strong reformer in the Sen­ based on the merits of the candidates would ban soft money to national po­ ate. to one which they perceive is based litical parties as well as the use of soft Mr. President, let me try to not re­ upon simply the sheer volume of cash money by State parties to impact Fed­ peat the arguments that have already that flows into the system. This cor­ eral elections. It would eliminate the been made on the floor and instead rupting influence is weakening our abuse of issue ads. The last election draw from conversation that my wife ability to govern and the confidence of cycle saw an explosion of issue ads, ads Sheila and I have had with people in the people in our motives and indeed in in which candidates were beaten about cafes in Minnesota. We had the oppor­ our actions. the head and shoulders regularly, not tunity, in August, to spend about a Ninety-two percent of Americans by their opponent, but by groups that week just dropping in cafes in the think that too much money is spent on rose up suddenly and put ads on tele­ morning around breakfasttime and campaigns; 89 percent want funda­ vision and departed just as quickly. lunchtime and just talking with people mental change in the campaign finance (Mr. SMITH of Oregon assumed the and listening to what people had to system; 85 percent believe special in­ chair.) say. I say to my colleagues that one terests have more influence than the Mr. REED. The Feingold-McCain bill disturbing conclusion from these dis­ voters; 69 percent believe that public would also strengthen disclosure in cussions with people is that I think officials are indifferent to their views, election law. It would provide for strict many people in our country, certainly their concerns, their needs; 51 percent codification of the Beck decision, not many Minnesotans, are now pretty well believe that quite a few Government circumscribe and prevent labor from convinced that way too much of poli­ officials are corrupt. participating in elections, but codify tics, way too much of Government is If that is not evidence of insidious the Supreme Court decision, allowing dominated by weal thy people and spe­ corruption, then I don't know what is. the notification of the use of funds for cial interests, that too few people have Perhaps other evidence might be the political purposes by unions and also way too much wealth, power, and say fact that people are no longer partici­ reduction for those individual meinbers and that too many people-that is to pating in the most meaningful way a who object to such uses. Also, it will say the majority of people-are locked citizen can participate, by voting. We put limits on party assistance of out. have seen voter participation plummet. wealthy candidates and the ban of for­ Mr. President, in the cafes in Min­ In 1996, voter turnout was below 50 per­ eign money into American campaigns. nesota, quite often people would say to cent, which is the lowest since the This is fundamental, necessary reform us: When it comes to our concerns, early 1920's. Fewer people volunteer to of our campaign system. I argue in fact Paul and Sheila, about affordable child participate as volunteers on cam­ that as worthy as these reforms are, we care, jobs and decent wages, and afford­ paigns, as canvassers, as public-spirited would have to go further. But today at able health care, about the power of in­ citizens who want to be involved in the least let us take the step forward for surance companies, the way in which Government. The most frequently cited this sensible, moderate balanced re­ we are denied coverage, about the con­ reason for people not actively engaging form, which the American people are centration of power in banking, about as candidates is the fact that they demanding. the concentration of power in agri­ can't raise the enormous amounts of There are States in this country that culture, about affordable education, money that they perceive is essential have taken the step, have gone much when it comes to our concerns, we further and passed expenditure caps on don't think our concerns are of much to becoming part of the American po­ campaigns, that are experimenting concern in the Halls of the CongTess. litical process. with other ways in which they want I think the main reason that people All of this argues, I think, eloquently have reached this conclusion is that and decisively for fundamental cam­ the issues to be decided by candidates based upon their positions, not by cam­ they are so disillusioned about all the paign finance reform. But what is hap­ ways in which they see big money pening today in this amendment is an paign committees based on their bal­ ances in their checking accounts. We dominating politics. Indeed, I think attempt to throttle the views of work­ that is the ethical issue bf our time. ing men and women throughout this should take the step forward today. We should in fact resist the Lott amend­ Mr. President, so that nobody has country. And at the same time, protect ment, which would derail meaningful any illusions here, I don't think that and enshrine the right of the few to campaign finance reform. We should people view this as corruption as in the give very, very much to political cam­ rather urge that we, as the Senate of wrongdoing of individual officeholders, paigns. but they view it as systemic. They That, I think, is another example of this great country, proudly step forth and endorse meaningful campaign fi­ really believe that there is an imbal­ how the system has gone haywire and nance reform. Many years ago, in 1914, ance of power where the wealthy few askew. Six hundred thousand people the New England poet Robert Frost and powerful interests pretty much contributed over $200 in Federal cam­ wrote: "Good fences make good neigh­ dominate the political process. Mr. paigns in 1996. That represents .31 per­ bors.'' President, you know what? I think cent of eligible voters. Of those indi vid­ Well, Mr. President, ladies and gen­ they are right. I don't think it is just uals that gave over $1,000, 237 ,000 Amer­ tlemen, when it comes to campaign fi­ a perception. I think they are abso­ icans, .12 percent of eligible donors. nance reform, all our fences are down. lutely right. Those individuals who gave the max­ They have been demolished by a flood If you believe in representative de­ imum amount under Federal law to of cash running into elections. Unless mocracy, then you believe in the idea Federal candidates, $25 ,000, in the en­ we build g·ood, strong fences, we can't that each person counts as one and no tire United States, 126-an infinites­ be good neighbors or good candidates more than one. We don't have that any imal fraction. That is what this arg·u­ or indeed good citizens. We need to re­ longer. We have auction block democ­ ment is about today in many respects. form our campaign finance system, we racy, Government going to the highest It is to allow those individuals to give need to begin today by defeating the bidder. People are disillusioned. That directly and indirectly unlimited sums Lott amendment and moving forward is the meaning of the last election, to the political process and to further to pass the McCain-Feingold legisla­ where over 50 percent of the people in erode confidence in our Government. tion. the country didn't even vote. The party At the same time, the Lott amendment I yield the balance of my time. of the disaffected is the largest party would circumscribe the ability of Mr. WELLS TONE addressed the in our country. Therefore, I don't un­ working men and women to make Chair. derstand, for the life of me, why my small, routine contribution through The PRESIDING OFFICER. The Sen­ colleagues on the majority side intro­ political action committees. ator from Minnesota. duced an amendment-the majority October 7, 1997 CONGRESSIONAL RECORD-SENATE 21333 leader introduces an amendment which see it as Heaven on Earth, as ending all begin to make some changes in the way basically destroys this campaign re­ special interest access; they are not in which all of this money is spent on form effort. going to see it as ending the huge politics. We ought not to miss this op­ Now, Mr. President, I want to thank amounts of money spent in politics. portunity to pass the McCain-Feingold Senators MCCAIN and FEINGOLD for But people will see it as a step forward. bill and give people in the country a their very strong leadership. I think I say to my colleagues that what we clear message that we hear them. We this is the most important issue before have here when it comes to the major­ ought not to miss this opportunity for us. I think it is the core question; it is ity leader's amendment-quite frankly, reform. We ought not to miss this op­ the core issue. Every year since I have I am surprised that some of my col­ portunity to reassure people in the been here in the Senate, I fought it out leagues in the majority party have es­ country that we are committed to a po­ on these reform issues because I really sentially followed the lead of this litical process that is more open, with think this goes to the very heart of amendment. I hope they won't. If we more integrity-and not just the heavy whether or not we really have a democ­ have a vote that is going to be very re­ hitters, the big givers, the invested and racy or whether we just have a vealing. the well-connected running the show. pseudodemocracy. What we have before If in fact people vote for this Lott We better not miss this opportunity. us really is not the McCain-Feingold amendment and continue to insist that I say to my colleagues in the major­ original formula, but the extra-mild it became part of a reform bill knowing ity party that I hope some of you will version, which I don't think has enough that it is, as everyone has said, the have the courage to vote against this zing in it, but at least it represents a "poison pill" amendment, then we may Lott amendment, if we have that step forward. With the McCain-Fein­ very well have no reform bill passed at chance, or have the courage to join us gold effort here, we have a ban on soft all. and pass the McCain-Feingold bill, money contributions to the parties. So this becomes a vote which tells which would be a historically signifi­ This is the sort of unaccountable people in the country where all of us cant step in the right direction in lead­ money, if you will. We have in addi­ stand and on what side each party ing our country toward more democ­ tion, some real standards on this issue stands on when it comes to this funda­ racy, toward more participation and advocacy-and this has been gone over, mental question of reform. more involvement as opposed to this which is a terribly important part of If we come here this afternoon and awful system we have right now which this legislation-and by the way, if you what we have happen is that we have absolutely needs to be changed. ban soft money to the parties and don't the Lott amendment out there-I don't Mr. President, I yield the floor. do anything about the issue ads, really know why we can't have a separate Mr. KOHL. Mr. President, I rise psuedofake ads, the money will just vote on the Lott amendment. I thought today to voice my support for the shift there, and in addition, you have we would. I think we can vote it down. McCain-Feingold campaign finance re­ some standards dealing with tighter If that doesn't happen, then there is no form bill. This debate is one of the standards dealing with independent ex­ cloture, and then we go to the McCain­ most important that the Senate will Feingold bill and we can't get cloture, conduct in this session of Congress, and penditures. So it is a step forward. I desperately hope it will result in pas­ That is why we should pass it. that is blocked by Senators in the ma­ My hope is that it will whet the appe­ jority party, then what happens is we sage of meaningful campaign finance reform. tite of people in the country for more again reach an impasse, and people in There is an extraordinary need for re­ because the truth of the matter is, in the country become disillusioned. form of our election laws. Despite the the spirit of compromise, the one pro­ As a Democrat, I will just say to the apparent problems-problems that vision that was actually dropped- that Members of the majority party that, have gotten worse with every elec­ is why we have McCain-Feingold extra­ frankly, I think people will be very tion-Congress has not passed reform. mild now, it had do with us, with re­ angry. I think they will not appreciate Our failure to act has contributed to a ducing the amount of money spent in this amendment. I think they will not loss of confidence, not only in our elec­ campaigns in Senate races. I mean, I appreciate the effort on the part of the toral system, but in our democracy. thought that was the most important majority leader to kill campaign fi­ The American public has lost faith in part that we would somehow reduce nance reform. But I would say, not as a government and its institutions. Amer­ the amount of money spent in ex­ Democrat but as a Minnesotan, as an icans feel they don't control govern­ change for discounts when it comes to American citizen, ultimately we all ment because they believe they don't access to TV time or direct mailing, lose. If we do not take advantage of control elections. you name it. this moment in time where we can pass If you ask people who runs Wash­ Now, Mr. President, I mean, I think a reform bill, albeit it still doesn't do ington, most will say "special inter­ the criteria ought to be, let's stop this enough, then we will be making a huge ests." People watch State officials, obscene money chase, let's stop the ob­ mistake, and this will just add to the Members of Congress, and Presidential scene amount of money all of us have disillusion of the people in the country. candidates chase money, and believe to spend and the time we have to spend The good news is that we can pass a that's the only way to get your voice raising money. Let's lessen the special reform bill. I hope we do. I hope we do heard in Washington. They see tele­ interest access and influence. There is not squander this opportunity. The vised campaign finance hearings, alle­ way too much of that. The vast major­ good news is that all around the coun­ gations of trading contributions for ac­ ity of people really are locked out of try there is a lot of energy for reform. cess, and they think, "how could my this process, and let's try and have a I introduced a bill with Senator voice be heard over all that cash." level playing field, where challengers KERRY which is a clean-election, clean­ Certainly, Congress is not alone to have a shot at winning. By that cri­ money option which essentially gets blame for the current system. Voters teria, the McCain-Feingold bill doesn't all of the private money out of politics. themselves share some responsibility. go far enough. But if this piece of legis­ It is really strong. People in Maine People routinely decry the use of nega­ lation is passed-and that is why it is have supported it. People in Vermont tive political ads, yet continually re­ such an important bill, even this have now supported it. There are going spond to the content of those ads. The stripped-down version is so impor­ to be initiatives around the country on media, especially television stations tant-people in the country, I think, this. There is a lot of energy in States and networks, have failed to ade­ will say, look, the Congress has finally all across the country. So I think peo­ quately inform the public of important taken some action. This is a step for­ ple in the country are going to con­ policy questions. Instead of covering ward. tinue to put the pressure on. significant issues, broadcasters often People aren't fools. People aren't But we ought not to miss this oppor­ fall back on covering the "horserace" going to see this legislation as the be tunity to do something good. We ought aspect of the campaign, or " sideshow" all and end all. They are not going to not to miss this opportunity to at least disagreements among candidates. 21334 CONGRESSIONAL RECORD-SENATE October 7, 1997 But the ultimate responsibility rests port our efforts to pass this vital legis­ every special interest who has ever in this Chamber, with Congress. For lation. made a major financial contribution to more than 30 years the growing crisis Mrs. MURRAY. Mr. President, this is the party, or to the campaign, in order has been ignored. Year after year, the 5th year I have been a Member of to influence government decision­ speeches are given, bills are intro­ the U.S. Senate. And this is the 5th making. This is wrong. This is not the duced, but no action is taken. year I can recall debating campaign fi­ way it should be. We now have a rare opportunity, nance reform. I have voted for cam­ The campaign system is clogged with with public attention focused on this paign reform legislation several times money, and there is no room left for debate and this bill, to pass real cam­ now, and each time it has been killed the average voter. Political cam­ paign finance reform. off by filibuster. paigning has become an industry in Senators MCCAIN and FEINGOLD have This year, I have served as a member this country. In last election, over $800 developed a genuine compromise plan. of the Leadership Task Force on Cam­ million were spent on Federal elections It is not exactly as I would have draft­ paign Reform. We knew from the begin­ alone. To what end? To perpetuate the ed- or any of us, if we had that chance. ning of the year this would be a big status quo. Just think what $800 mil­ It is, however, the best, last chance we issue. Therefore, we have devoted hours lion could do if spent on charitable pur­ have to repair the broken campaign fi­ to finding a way to break the logjam suits. nance system. and move a bill. Instead, that money-much of it un­ The modified version of the bill ad­ Against this backdrop, I have been disclosed, from dubious sources­ dresses one of the fundamental prob­ listening to this debate very closely flowed into the political arena and dic­ lems in the system- soft money con­ over the past few days. I have been tated the terms of our elections to the tributions. By banning these huge watching the hearings in the Govern­ people. Like water, it flowed downhill sums from Federal campaigns, we cor­ mental Affairs Committee, and I have into campaigns all across the country. rect many of the problems which have been watching the efforts of colleagues Some of it came out in the form of na­ been exposed this year in hearings be­ on the other side of the aisle as they tional party ads attacking candidates fore the Senate Governmental Affairs attempt to find a compromise. in the abstract; some came out in the Committee. So far, I cannot see many differences form of issue-ads by interest groups The bill also tries to deal with the between this debate, and the ones trying to influence the outcomes. Some growing and disturbing impact of inde­ we've had over the past few years. In of it came out in the candidates own pendent expenditures. I believe the this debate, we have a bipartisan group TV ads. sponsors of the bill have achieved a of Senators committed to reform. This It reaches the point where you al­ delicate balance in this area- cur­ group has worked overtime to craft a most cannot hear the voices of the can­ tailing the use of this practice, while reasonable reform measure that makes didates anymore, only the voices of the still conforming to constitutional sense for America. · They have worked dueling special interests. We do not boundaries. to generate support, to make their case know who pays for these ads, where Mr. President, we have never had a to the media and to the public, and to they get their money, or what they time in our Nation's history when such push for the last few votes necessary to stand to gain if their candidate wins. a pervasive problem went unanswered pass it. I have been proud to support Yet they have found ways to have a by the Congress. America has met chal­ the effort. huge influence over the election proc­ lenges such as this before, and adopted And, like usual, there is the familiar ess. policies which strengthened our democ­ obstruction on the other side of the On the other side of the aisle, the op­ racy. We have that opportunity with aisle: a concerted effort to preserve the ponents of reform argue against the the bill before us. status quo. Though carefully disguised, McCain-Feingold bill on free speech The McCain-Feingold bill will help their goal is to prevent reform legisla­ grounds. They wrap themselves in the restore the American public's faith in tion from passing. flag and posture as protectors of free this institution and in all the institu­ There is a big difference this time. speech. Then they argue politicians tions of Government. The public is paying more attention and political parties should be able to As some of my colleagues know, Sen­ than ever before. The excesses of the take money in any amount from any­ ator BROWNBACK and I have introduced last campaign season, brought to light one in order to make the case for their legislation to establish an independent through the good work of the Govern­ reelection. They believe that having commission to reform our campaig'n fi­ mental Affairs Committee, have made more money entitles one to a greater nance laws. This commission would be campaign reform a front-burner issue influence over our campaigns and elec­ similar to the Base Closure Commis­ in every kitchen in America. Just yes­ tions. I find this argument shocking, sion, which proposed a series of rec­ terday, more than 1 million signatures Mr. President. I find it profoundly un­ ommendations to Congress for an up­ were delivered to the Capitol. These democratic, and un-American. or-down vote of approval. are signatures from people all over In hiding behind a transparent argu­ But I do not believe that we should America who, over the past 7 months, ment about free speech based on access take such an approach at this time. It have joined a nationwide call for re­ to money, the opponents of reform con­ would be much better if Congress acted form. veniently gloss over reality: our cam­ on its own, without the help of an out­ The people are calling for reform, as paign system is so awash in money, side body, to reform our election laws. they have for years. But this time the that the voices of average people and It would demonstrate to the American call is louder, the focus is more in­ average voters are completely drowned public that Congress is serious about tense, and the opponents of reform will out. Ultimately, people are losing faith changing the way our democracy func­ be held accountable. in their elected officials and their gov­ tions. What exactly is the problem? Money, ernment. It is simply not a healthy sit­ Mr. President, before I conclude, I plain and simple. Too much money, uation for our country. just want to take a moment and com­ having too much influence over our Mr. President, the opponents of re­ mend my colleague from Wisconsin, democratic process. As I have said be­ form miss the point. In America, Senator FEINGOLD. Without his tireless fore, this Congress has reached the money does not equal speech. More efforts to advance this bill, it surely point where votes and decisions have money does not entitle one to more would have died long ago. By bringing become a bidding war between well speech. The haves are not entitled to a this cause to the floor, Senator FEIN­ funded special interests. greater voice in politics than the have­ GOLD truly follows in the tradition of When the Senate debates a bill, we nots. In America, everyone has an the great progressive movement in are no longer simply 100 Senators rep­ equal say in our government. That is Wisconsin. I'm proud to serve with resenting our States. We are 100 Sen­ why our Declaration of Independence him, and I urge my colleagues to sup- ators representing our States and starts with, "We, the people." October 7, 1997 CONGRESSIONAL RECORD-SENATE 21335 The last time we debated reform, I regards to the McCain-Feingold bill, time, maybe we should call the Ma­ told a story of a woman who sent my that campaign reform is an oxymoron. rines instead of the news director. campaign a small contribution of $15. But having said that, I am not going to And certainly many Americans With her check she enclosed a note take any more time of the Senate on would agree they should not be both­ that said, " please make sure my voice this particular subject. ered by the " monopolizing influence of means as much as those who give thou­ political parties" during next year's sands." With all due respect, Mr. Presi­ campaign season. dent, this woman is typical of the peo­ BOSNIA AND NATO ENLARGEMENT Now we are back to campaign finance ple who deserve our best representa­ Mr. ROBERTS. Mr. President, I want reform. But, Mr. President, Bosnia is tion. Sadly, under the current cam­ to talk about what is happening in re­ serious business. Lives are at risk. Re­ paign system, they rarely do. gard to mission creep in Bosnia and gional stability is on the line. We have I have tried to live by my word on how that reflects on the hearings that serious obligations. this issue. My first Senate campaign will start very quickly in the Senate in A few days ago Congress adopted an was a shoestring affair. I was out spent regard to NATO expansion. important amendment to the Defense nearly 3 to 1 by a congressional incum­ Mr. President, when President Wood­ appropriations bill, kindly referred to bent. But because I had a strong, grass­ row Wilson exhorted Americans to by the distinguished chairman of the roots, people-based effort, I was able to make the world safe for democracy, he Appropriations Committee as the win. did not mean sending U.S. troops to at­ " Roberts amendment." It requires the Since then, I have worked hard to tack foreign television stations and to President to certify to Congress by keep to that standard. I have over attempt to try to shut down political May 15, 1998, that the continued pres­ 20,000 individual donors. The average speech in other countries. Yet that is ence of United States forces in Bosnia contribution to my campaign is $42. exactly what happened last week in is in our national interest and why. Over 90 percent of my contributions Bosnia as NATO troops, or SFOR He must state the reasons for our de­ come from within Washington State. I troops, took over four television trans­ ployment and the expected duration of firmly believe that's the way cam­ mitters in an effort to control news deployment. paigns should be run: by the people. broadcasts in that shattered region. He must provide numbers of troops We need more disclosure, not less. We State Department officials, in declar­ deployed, estimate the dollar cost in­ need more restrictions on special inter­ ing victory, pledged to create a system volved, and give the effect of such de­ est money, not fewer. We need less " free of the monopolizing influence of ployment on overall effectiveness of money in the system, not more. We political parties." Let me emphasis U.S. forces. need to amplify the voices of regular that again. Free the system-" free of Most importantly, the President people, instead of allowing them to be the monopolizing influence of political must provide a clear statement of our shouted down by special interests. parties." Then they set about the task mission and out objectives. Mr. President, I believe we have of deciding what television content And he must provide an exit strategy made this debate way too complicated. from United States networks might be for bringing our troops home. After all the maneuvering, the cloture appropriate for viewing by the citizens If the President does not meet these petitions, the technicalities, the proce­ of Bosnia- content that is not " eth­ conditions, funding for military de­ dural votes, this issue boils down to nically biased." ployment will end next May. one basic question: are Senators will­ Wrote Lee Hockstader of the Wash­ Following our actions against the ing to make some modest reforms to ington Post: television stations, Serbian officials reduce the influence of big money in As a r esult of the seizures of the TV tow­ warned there would be retaliation. And politics and encourage greater voter ers, NATO generals and Western diplomats the New York Times reported that Bos­ participation? Or are they more inter­ have cast themselves in the roles of media nian Muslims are secretly arming executives determined to construct an even­ ested in protecting the current system, handed state television station in a country themselves. and the ability of parties and politi­ that has never had one. That represents a A senior NATO commander was cians to turn financial advantage into new level of involvement in Bosnia's affairs quoted, " The question no longer is if political advantage? for the West * * * the Muslims will attack the Bosnian Are you for reform, or against it? Are A new level of involvement indeed. Serbs, but when. The only way to pre­ you with the people, or against them The trouble is, neither the American vent such an attack, at this point, is on the need for a more heal thy democ­ public nor Congress have been told by for the peacekeeping mission to extend racy? The votes we are taking today President Clinton just what out expec­ its mandate." will show the answers to these ques­ tations are in Bosnia. What is our mis­ Sound familiar. You bet it does. tions. sion? How long will it last? How much Extend the mandate-that's mission Mrs. HUTCHISON addressed the will it cost? What will be accom­ creep by any name. Chair. plished? How do we extract out troops And it is the dangerous result of a The PRESIDING OFFICER. The Sen­ from the mess they are in? policy that is lacking in direction, ator from Texas. None of these questions have been lacking in leadership and lacking in Mrs. HUTCHISON. Mr. President, I answered. purpose. think by unanimous consent I have the Is this war? If U.S. troops were in­ The events of the last few days are next 45 minutes reserved. I would like volved in a war situation, we could ex­ alarming. They make it more urgent to yield the first 20 minutes, or 25 if he pect media outlets to be military tar­ that the administration develop and needs it, to the Senator from Kansas. gets. articulate a course of action that is The PRESIDING OFFICER. The Sen­ Is this war? If so, we can expect costs based on sound policy. ator from Kansas is recognized. and casualties far beyond what the ad­ Taking over TV transmitters? Trying Mr. ROBERTS. Thank you, Mr. ministration has projected. to figure out on an even basis what President. I wish to thank my col­ Is this war? If so, what national secu­ should be programmed, what the people league from Texas for reserving this rity interests are at stake? of Bosnia should hear and listen to? time. Is this war? If so, our troops cannot I suggested to one of my colleagues Mr. President, we are going to be expected to defend their lives with that if we had a choice of programs we change the subject in regard to cam­ Nielsen ratings. should put " Gunsmoke," which is a fa­ paign reform. Let me just simply say Mr. President, given this outlandish vorite TV show of mine, on the Bosnian that I think it is always a wise sugges­ situation, we are tempted to treat TV stations. I don't know what would tion to check under the banner of what these events as farce: be the opposing viewpoint. Maybe is alleged campaign reform, and I think So when a television station in our "Natural Born Killers" could be posed if we would check under the banner in home State gives a Senator a rough for some of the people who have been 21336 CONGRESSIONAL RECORD-SENATE October 7, 1997 convicted or who have been indicted rituals and welcoming speeches left no The Clinton administration has under the war crimes trials. Maybe in time for any serious discussion. The steadfastly maintained the position terms of programming we could decide meeting was over. that a stable Europe will be no threat on old newsreels of Tito. Maybe that And, I must say while I understand to Russia and in fact will increase the would do some good. the personal and emotional feelings security of Russia. However, the Rus­ This is incredible in terms of taking that all freedom loving people feel sians do not see it that way and have over the TV transmitters. when visiting Prague, Warsaw, and Bu­ consistently stated they are opposed to We need hard answers on Bosnia. dapest, I do not think NATO expansion NATO expansion for national security We need direction. will right the wrongs of Yalta nor do I concerns. We don't need Nielsen ratings. agree that raising serious questions Part of the "why enlarge NATO" In that regard, I thank my colleague about NATO expansion represents the question should be the timing of such from Texas for bring·ing up this special echoes of Munich as some in the ad­ an enlargement. Unfortunately, part of time for us to consider how Bosnia also ministration have charged. To charac­ the motivation of the timing of this segues in our decision in regard to terize serious critics as appeasers or venture is to have the first new mem­ NATO expansion. isolationists sets needed debate off on bers join at the same time as the 50th However, with all due respect to entirely the wrong foot. anniversary of NATO. Let me say former Ambassador Richard Holbrook Let me emphasize my reservations again, we are thinking about altering and Secretary of State Madeleine are not a reflection on the potential NATO, fundamentally realig·ning our Albright, there is not much support for new members or their worthiness to relations with Europe, risking our re­ American military presence in Bosnia join the alliance. I am extremely im­ sources and committing our military in Dodge City, KS, where "Gunsmoke" pressed with the success of the nations for questionable national interests and came from. Now, the question is, are of Eastern Europe and their dramatic basing the timing of such an important the American people willing to commit move toward democracy. event on the 50th anniversary of NATO. to additional military responsibilities Let me share some of my major con­ Mr. President, that is public rela­ called for under article 5 of the NATO cerns. tions. It is not foreign policy. Charter, and at what cost? Will they Without argument NATO has been What are the alternatives to NATO support a commitment to the Czech the most successful alliance in history. enlargement? Perhaps an enhanced Republic? How about Slovakia or Slo­ Likewise, most will agree that chief Partnership for Peace would provide venia or perhaps Macedonia? among the reasons for NATO's success the desired stability and military secu­ When I went over during the August is the fact that it is a military alliance rity in Eastern Europe instead of mem­ break to visit our troops in Bosnia, our comprised of like-minded nations fo­ bership in NATO. Perhaps membership intelligence officials and others in that cused against a common threat. As we in the European Union, coupled with part of Central Europe, here came the know, in the past the security threat Partnership for Peace, would allow folks from Macedonia wanting to be in­ was the Soviet Union and the nations continued development of Democratic cluded in NATO expansion. Some 20 of the Warsaw Pact. systems in Eastern European nations. Senators, myself included, following Today, however, that threat is vastly Those alternatives should be part of the leadership of the distinguished Sen­ diminished-some would say gone. the national debate. ator from Texas, asked that question With the Warsaw Pact now history, Let's take a look at the cost of all of there certainly is no clear threat to the this. What are the costs of NATO en­ and 10 others in a letter to the Presi­ largement? I am concerned with the dent prior to Madrid. With many Sen­ survival of Europe on the horizon. Certainly there are concerns for sta­ widely varying values and assumptions ators listed as skeptical or undecided, used to arrive at the U.S. portions of clearly I think the hard questions must bility in Europe such as we have wit­ nessed in Bosnia and in Albania. But do the bill for enlarg·ement. Since the Ma­ be asked in full. drid Summit, it is clear that our allies Simply put, to bring NATO expansion we need to fundamentally alter the structure of this very successful alli­ are not on board for sharing costs of into focus, I think President Clinton enlargement. Until this plan for shar­ must become engaged. In Warsaw, St. ance to insure stability in Europe? Will the results of our actions be to turn a ing is established and agreed to, how Petersburg, and in Bucharest, he ad­ can we know what our actual costs will dressed general European security con­ superb military alliance into a polit­ ical alliance with diminished military be and why we should proceed? If our cerns but he has not made a case to the allies refuse to carry what we feel is capability? If we do, will NATO sur­ Congress and to the American people. their- fair share, given our defense re­ As a matter of fact, in remarks during vive? Let me stress we have vital interests sponsibilities, will the United States his European trip, the President said in pay more? And, if so, asking American the post-Soviet era, military matters in maintaining a healthy and stable Europe. That's not the question. Eu­ taxpayers to up the ante would be most are no longer primary, that terrorism, difficult. illegal drugs, national extremism, re­ rope's continued peace is vital. But is Just as we have seen in the Bosnian gional conflicts due to ethnic, racial, enlargement of NATO necessary to operation, unexpected funding for DOD and religious hatreds do matter. I can achieve that goal? has directly affected the much-needed assure you using an expanded NATO to WHY IT IS NECESSARY TO ENLARGE NATO? military modernization and procure­ address these concerns raises more The proponents state the reasons for ment programs. Why should we be will­ questions than answers. enlargement include, preventing a ing to risk the future of our military What means would be used? War­ power vacuum from developing in East­ capability in defending our vital na­ planes, ground forces, and naval power ern Europe and promoting total Euro­ tional interests by rushing into NATO are of little use in fighting ethnic ha­ pean stability by reducing in risk of in­ enlargement without confidently tred and racism. If NATO membership stability in Europe's eastern half. The knowing, in great detail, the costs as­ reduces the threat of ethnic rivalries, concern appears to be if NATO does not sociated with the enlargement and somebody should tell that to the offer membership, the countries of what our allies and the new members Protestants and Catholics of Northern Eastern Europe will founder, will not will and are capable of funding. Ireland, the Basques in Spain, and the become fully developed Democratic What will be the Russian reaction to Kurds in Turkey. states, or will become embroiled in NATO enlargement? Mr. President, Do we really want to change the ethnic or nationalistic disputes based just yesterday Susan Eisenhower and most successful security alliance in on historic rivalries like we see in Bos­ several distinguished foreign policy ex­ history to a European United Nations? nia. Worse, this theory holds, they will perts came to the Senate and testified With 16 NATO members and 28 other again become part, either voluntarily before myself and Senator SESSIONS nations inaugurating the Euro-Atlan­ or forced, of an alliance with a resur­ and Senator COLLINS and Senator STE­ tic Partnership Council, the protocol gent Russia. VENS and others as to why they felt October 7, 1997 CONGRESSIONAL RECORD-SENATE 21337 NATO enlargement was the wrong step other areas of significant importance trade and security. The heads nodded. at the wrong time. that must be part of the debate, Mr. But in that particular case, I tell my The most important concern that President. I look forward to discussing distinguished friend and colleague from must be well understood is the reaction these three and the others in detail in Texas, there wasn't much support until of the Government of Russia to the en­ the coming months. NATO enlarge­ we took a hard look in regard to Bos­ largement of NATO. If we get this ment is the most important foreign nia and to NATO enlargement. As a wrong, the need for enlargement will policy and military decision the United matter of fact, one farmer said, "My be self-fulfilling and we will again need States will make or has made for many son is over there. He is a foreign lin­ a strong military alliance facing east. years. We must make the right deci­ guist in the National Guard unit over We are in danger of awakening the sion. there. He should be back." So I think Russian bear, not taming him and put­ And again, Mr. President, I thank the we really need to demonstrate not only ting him in a cage. distinguished Senator from Texas for to the Ford County, KS, wheat growers Aleksei Arbatrov, the deputy chair­ leading the charge in asking the right but to all Americans as evidenced by man of the Russian Parliament's de­ questions, the complex questions that this poll what are our vital national se­ fense committee, was recently quoted must be asked before the Senate con­ curity interests in regards to NATO ex­ as saying that the way in which an ex­ siders either in committee or in the pansion and answer those tough ques­ panded NATO was imposed on the Rus­ Chamber later the ratification of tions about cost, what happens in rela­ sians " was a shock for those trying to NATO. tion to Russia and what happens in improve relations." He added there Mr. President, may I ask how much terms of the long-term best interests of " was a widespread feeling of betrayal time I have consumed of the 25 minutes our foreign policy. · among Russian Democrats." that was yielded to me? Again, I thank the Senator from Mr. Arbatrov predicted Russia could The PRESIDING OFFICER. The Sen­ Texas and I yield the floor. turn to a strategy of first-strike nu­ ator has spoken for approximately 20 Mrs. HUTCHISON addressed the clear capability to combat what is per­ minutes. Chair. ceived as a NATO threat on its door­ Mr. ROBERTS. If I might, I would The PRESIDING OFFICER. The Sen­ step. just like to touch, I would tell the dis­ ator from Texas. " There is no chance whatsoever" tinguished Senator from Texas, on a Mrs. HUTCHISON. Before the distin­ that Russia's Parliament would ratify related matter, if I could, for another, guished Senator from Kansas leaves START II or START III, Mr. Arbatrov say, 2 or 3 minutes, if I might. the floor, I do appreciate so much this said. What I would like to talk about is Senator's· leadership on the issue of I know that the Russians have joined the reaction in regards to how the Bosnia and the issue of NATO expan­ the Partnership for Peace, signed the American people feel about this. It is sion because he is one of the Senators Founding Act, and have been officially the American public that must be fully who has taken the time to go to Bos­ quiet, semiquiet, about three potential informed and aware of what respon­ nia, to look firsthand at the conditions new NATO members. However, there sibilities NATO will entail and what there to determine what is in the can be no doubt that all factions of the expansion would mean to our American United States security interests and certainly the best interests of the peo­ Russian political system are opposed to men and women in uniform. ple of Bosnia. the expansion. What they see is a mili­ What about the American public? I would just like to ask the Senator tary alliance moving eastward, ever Last April, the Roper Starch worldwide from Kansas before he yields the floor closer to their borders. poll asked Americans the level of sup­ to tell me and the American people We cannot allow Russia to dictate port for using armed forces in certain about the experience that he had in the our actions or the actions of NATO. situations. I don't think the American resettlement-of-refugees issue. Let that be perfectly clear. But it people are isolationist, but I think What did the Senator see with his would be most dangerous to embark on there is understandable concern about own eyes that brought him to the same such an important foreign policy mat­ risking American lives in political conclusion that I have come to, that ter as NATO enlargement without fully wars of gradualism. we are barking up the wrong tree in understanding or accounting for the The Senator from Texas went to Bos­ putting U.S. troops in harm's way be­ Russian concerns. That is what Susan nia, Brcko, took a look at Tuzla and fore the people of this country have Eisenhower stated. That is what the Sarajevo, and is very concerned about come to a settlement themselves? other foreign experts stated. mission creep and again repeating the Mr. ROBERTS. I would be happy to Why are the Baltic States and NATO past mistakes in political wars of grad­ respond to my colleague. such a sensitive issue to Russia? There ualism. As my colleague knows, I have dis­ are at least two reasons. Addition of The American public understands cussed at length the original purpose of the Baltics would move NATO's bor­ that. If the United States were at­ the Bosnia mission was to safeguard ders to Russia, and a section of Russian tacked, 84 percent of those polled sup­ our troops-that is, the peacekeeping territory, including the city of ported using force-84 percent if we role-and to try to do what we can in Kalinningrad, would be completely sur­ were attacked. I don't know about the regard to technology restoration, to rounded by NATO. other 16 percent. If our forces stationed nation building, to the possibility of When asked about the Russian reac­ overseas were attacked, 50 percent sup­ the location and capture and prosecu­ tion to the addition of the Baltics to ported armed intervention. To safe­ tion of war criminals and then refugee NATO, the Russian Ambassador to the guard peacekeeping within the frame­ resettlement. United States said "the reaction would work of the United Nations, the sup­ In response to the Senator's ques­ be fierce." Even with this under­ port dropped to 35 percent. Hello. And tion, it is that part of the goal that is standing of the potential reaction by to stop an invasion of one country by especially difficult. Now, I think we Russia, the administration continues another, which is called for in article V have come from peacekeeping to peace to insist the Baltic States are likely to in regard to NATO expansion, the sup­ enforcement. I think we have come far be asked to join in the next round. port fell sharply to 15 percent. afield from the original goal in that we I remain concerned we are approach­ I took my own poll. It was after the are now disarming the police in regard ing the Russian issue, Mr. President, Dodge City Rodeo in August. I met to Mr. Karadzic's troops, and I think in with much bravado and arrogance with with the Ford County, KS, wheat grow­ regard to what I am able to understand our fingers crossed behind our back. ers. They are good friends of mine, from our intelligence community we Although I consider these three long-time friends and constituents. I are aggressively going to locate, cap­ areas-why enlarge? what is the cost? told them I was going to the Czech Re­ ture and proceed with war criminals. and what will be the reaction of Rus­ public, Bosnia, and Hungary. The price Now, as I have just indicated, we sia?- to be the most critical, there are of wheat depended in part on world have a situation where the SFOR 21338 CONGRESSIONAL RECORD-SENATE October 7, 1997 troops have taken over TV transmit­ haven't. We have not been able to do will continue to be the greatest alli­ ters. So I think the Senator from Texas that." ance that was ever formed on the face makes a good point in terms of mission These are people who are living in of this Earth. And if it is done wrong, creep. homes that are 5 feet from each other, it will be the unraveling of the greatest But in answer to the specific ques­ 10 feet. The streets are very narrow. alliance that was ever put on the face tion, flying in the helicopter with a Yet, they are not mixing. of the Earth. one-star over there from Tuzla where I think we have to look at the big So we have the choice, of whether to our American forces have their head­ picture here. American people are very keep NATO strong and stable by ex­ quarters, we went over a small hill, and generous. We want to help the people of panding responsibly or whether we just on the knoll of the hill there used to be Bosnia. But I ~hink what we are trying expand willy-nilly. America will absorb 60 Muslim families that lived there, to do is help them in a way that will all the costs, and then the American and during the fighting since 1993 there provide a long-term peace, an economic people will say, wait a minute, I don't was tremendous bloodshed, there were stability. And doing things that are in­ intend to completely prop up Europe atrocities very close by, and obviously herently unpeaceful, putting our U.S. without a fair share taken by our allies that particular piece of real estate is troops in harm's way, I don't think is in Europe. not inhabited any more by the Mus­ the right answer. That is why I am say­ That question becomes very impor­ lims. So there was an attempt by ing let's go back to the table at Day­ tant because just this last week in the SFOR and by NATO to relocate these ton. Let's determine where we are. Washington Post there was a report on refugees on that hill. I will give this administration a lot the meeting of NATO defense ministers Three times they tried it. The first of credit for keeping the parties apart, at which our own Secretary of Defense, time, with 60 people, they tried to relo­ for trying to forge a peace. Now I ask William Cohen, participated. The re­ cate on the hill, they were driven away this administration to say we have had porter for the Washington Post says by rocks and stones and shouts and in­ 2 years of Dayton, let's assess it. Let's that this was, in fact, a startling meet­ timidation by the Serbs in that area. see if this is the right direction. Be­ ing because the NATO defense min­ The second time they tried, it got a lit­ cause I don't think it is. isters voiced serious misgivings about tle tougher. We were also involved in We have witnessed elections in which the United States insistence that they, the building of new homes, in terms of the people who come in to vote come in along with the new members to be financing those new homes. Then you under armed guard, they vote, they brought into NATO, would carry the got into some home destruction. leave under armed guard. We have bulk of the expenses related to NATO Well, the third time, they were met elected Muslims who cannot even enter enlargement. by an angry crowd with 2x4's. They the city to take control of the govern­ · You see, President Clinton has told burned the homes down. And we have ment to which they are elected to the American Congress that the Amer­ pictures of them attacking the Mus­ serve. We have elected Serbs, where ican share would be $2 billion over 10 lims, the 60 people we were trying to they are not able to reenter. We are de­ years-$200 million. That is something relocate, with 2x4's. And I asked the claring victory. I am missing some­ I think American taxpayers would will­ one star, I asked the general, " Are we thing. We have elected governments ingly absorb. But there is a lot of dis­ going to try it again?" He said, "No, I that cannot serve, that cannot even agreement about those numbers be­ don't think that's a very good invest­ enter the cities in which they were cause, in fact, we do not know what is ment of our tax dollars or om' time and elected. And we are declaring this to be in the requirements for NATO expan­ effort." I think we g·ot the message. He a victory? I think we need to have a re­ sion. So, to have numbers before you suggested if we have successful refugee ality check. have requirements is the cart before relocation, we should do it in Brcko. That brings me to the bigger context the horse in most people's books. The Senator from Texas has been of NATO expansion and cost, and just The European allies said that they there, and I ask her now what her ob­ how much should the United States ab­ did not think it was right for America servation was about how that refugee sorb when we are talking about issues to take $2 billion of the $35 billion resettlement effort is going. And I where we want to be helpful but we which the Clinton administration esti­ thank her for asking the question. want to make sure that our money is mates NATO expansion will cost, and Mrs. HUTCHISON. I thank the Sen­ going toward a successful endeavor. they are objecting to paying $16 billion ator from Kansas. I thank him for tak­ That is where, I think, this administra­ from the present membership. In fact, ing the time to go over there, to look tion is not being realistic. the ministers from Germany, France, firsthand, because I think you get a Take the idea of NATO expansion. I Great Britain, and the Netherlands ex­ very different perspective when you are think all of us in this country believe pressed dismay and insisted that the able to do that. I appreciate the leader­ that NATO is the best alliance that has burdensharing debate must be viewed ship position the Senator from Kansas ever been put forward on the face of in a wider context. is taking. I will just say that I had a the Earth. Because of its strength, it You see, Secretary Cohen was right. different experience walking on the never had to fire a shot and the cold He said the right things. He said that streets of Brcko in August. But I came war was ended. Now we are looking at any shortchanging on defense invest­ to the same conclusion, after going expanding NATO and the hearings are ments by existing members or new into the home of a Serb, going into the starting this week to do that very partners would lead to a hollow alli­ street and talking to a Muslim who thing. I think the questions that Sen­ ance and ultimately erode confidence was just resettling into the neighbor­ ator HELMS is asking are the very im­ in future rounds of enlargement. Sec­ hood where that person had lived be­ portant questions that must be an­ retary Cohen is sending up the red flag fore. I asked each individually, "Are swered if we are going to expand NATO of warning because he, too, is saying, you working with your neighbor to in a responsible way and in a way that do it right. help them resettle into their homes?" sets a base for a long-term stability in Let's look at the amount of gross do­ I asked the Serb about the Muslim. Europe. mestic product that is spent by NATO "Oh, no, no. We are not doing that be­ Senator HELMS is not saying I am for members. The United States spends 3.8 cause we know that they are occupied a NATO expansion period. He is saying percent of gross domestic product on and they have their own problems. We I am for NATO expansion if it is done defense. This is 3.8 percent of the do­ wouldn't want to disturb them." right. The "if it is done right" seems to mestic product of our country, the So then you ask the Muslim, " Have be lopped off and not given very much whole domestic product. The United you met your Serb neighbor? Have you attention. I think it is time the admin­ Kingdom spends 3.1 percent, Germany had a chance to visit or have coffee istration gave the "if it is done right" spends 1.5 percent, France spends 2.5 with your Serb neighbor?" And the an­ portion of Senator HELMS' statement percent. And they are saying they are swer was, " Oh, no, no, we actually its due. Because if it is done right, it not going to spend any more than that. October 7, 1997 CONGRESSIONAL RECORD-SENATE 21339 So I think we need to be forewarned Are we building up for the potential service deserve no less than total re­ that our European allies are not com­ threat in Korea, in the Middle East? sponsibility and total answers to those mitting to the same numbers that the I just have to ask the administration questions. United States is. I think we have to put to think about these issues as we look Thank you, Mr. President. I yield that in perspective. Because General at our own situation and our readiness back the remainder of my time. Shalikashvili, who just left the chair­ and our strength. Are we doing every­ I suggest the absence of a quorum. manship of the Joint Chiefs of Staff, thing we should for our own troops, for The PRESIDING OFFICER (Mr. SES­ was lamenting the fact that we don't our own military construction, for our SIONS). The clerk will call the roll. have enough money in our defense own quality of life for our men and The assistant legislative clerk pro­ budget to properly train our troops for women who are serving in the mili­ ceeded to call the roll. peak readiness. He says we don't have tary? Or are we dissipating our re­ Mrs. FEINSTEIN. Mr. President, I enough money to buy parts or equip­ sources in operations that are not de­ ask unanimous consent that the order ment. Yet, we are spending $3 billion a fined, that have no exit strategy, in for the quorum call be rescinded. year, on average, in Bosnia, pursuing a places like Bosnia and Somalia and The PRESIDING OFFICER. Without policy that has yet to be defined, with Haiti? objection, it is so ordered. no exit strategy and with the adminis­ I would just ask the question, Do we Mrs. FEINSTEIN. I ask unanimous tration now saying it is probable that have our priorities straight? When we consent that I be recognized to speak we are going to extend the troops with look at the issue of NATO expansion, in morning business for such time as I no defined end when he has already ex­ we must look at the cost. It must be may consume. tended the mission nearly 2 years be­ nailed down. It must not be a moving The PRESIDING OFFICER. The Sen­ yond the first limit that he set. target. It must be clear. And we must ator from California is recognized for Let's take another example. Just tell our European allies exactly what 10 minutes, under the previous order. yesterday the President vetoed almost we will do, and not be badgered into Mrs. FEINSTEIN. Mr. President, the $300 million of military construction in taking more than our fair share of the Finance Committee recently approved the United States. He vetoed such oper­ cost of European security. We do want fast-track authority for the President. ational projects as a corrosion control to step up to the line. We do want to be I thought I might come to the floor and facility, headquarters facilities that the major superpower in the world, and express some of my very serious con­ would enhance command, control and fulfill our responsibilities. But we are cerns about this proposal. communications, ammunition storage already spending more of our gross do­ Let me begin by saying to those who facilities-$300 million in America. At mestic product on national defense would paint every Member of Congress the same time, he approved the expend­ than our European allies spend. I think who has a problem with the fast track iture of military construction in Eu­ the American taxpayer has the right to proposal with some broad brush calling rope for NATO enhancement of over ask the question: Are we spending the us protectionists or xenophobic. I, for $150 million. What kinds of projects did dollars for our own security? Are we one, am not. he approve for NATO? Ammunition doing our fair share for the humani­ Trade is very important to my State. storage facilities, administrative build­ tarian needs of this country, and for California is the seventh largest econ­ ings-the exact same things he vetoed the countries that we are trying to omy on Earth, and we produce 20 per­ for military construction in the United help? Are we spending the dollars wise­ cent of the Nation's exports. Exports States, for our bases, for our readiness. ly? That is the question. are one of the largest growing eco­ So I do have a problem when the out­ I think as we move toward NATO ex­ nomic sectors in my State. More than going chairman of the Joint Chiefs pansion, we must be good and respon­ 1 million jobs in California are directly says we are not spending enough for sible stewards for the American tax­ related to trade, and that number is our own readiness, for our own mili­ payer, and, more important, we must growing. So I see free and fair trade as tary personnel, when the President ve­ be good and responsible stewards of the an integral part of California's eco­ toes military construction which was national defense of our country. We nomic future, and it is my responsi­ in the Defense Department's 5-year must meet the test, for our young men bility as a U.S. Senator representing plan, saying these were not priorities, and women in the military who have that State to see that the concerns and while at the same time signing mili­ pledged their lives to preserve our free­ issues and industries of my State are tary construction of $150 million in Eu­ dom, that our commitment to them is protected in agreements, or at least as rope for NATO enhancement. commensurate with their commitment nearly as I can do so. So, I have to say the issue of our own to the United States; that we will As I see it, America already has the readiness is a key issue here. If we are guard them with respect, with a qual­ most open markets in the world, but going to spend $3 billion in Bosnia for ity of life that allows them and their the problem is that this openness isn't a policy that has, I think, minimal families to live with a high standard of reciprocated by many of our trading chance to succeed and the outgoing living, and that we will make sure that partners, and that brings us to the Chairman of the Joint Chiefs is saying wherever they are, in the field or on present situation. we don't have enough money for our our shores, that they have everything Article I, section 8 of the Constitu­ own readiness, what are we doing as they need to do their job. tion gives Members of this body con­ the stewards of this country, as the I think if we are going to keep that stitutional responsibility for matters ones responsible for our own national commitment to them and to the Amer­ of trade and the economy. Fast track is defense, our readiness, our troop mo­ ican people, we must ask the questions essentially a surrendering, an abroga­ rale, our quality of life for our troops, about NATO expansion, about our mis­ tion, of those constitutional respon­ our taxpayers, and, most of all, for our sion in Bosnia: Are we spending the sibilities provided to this body by the own security threats, when we would dollars wisely and are we assured that Constitution of the United States. I, veto our own military construction and when we put our United States troops for one, see no reason why we should put half that same amount into Euro­ on the ground that there is a United surrender that. pean construction? And when we know States security threat and risk that re­ Essentially, fast track is simply the that we are not spending enough to quires that action? ability of the administration to nego­ keep our troops ready for the eventual Mr. President, those are the ques­ tiate a trade agreement, then bring it real threat to the United States that tions that I hope Senator HELMS, in his quickly to the Congress, get it ratified could come from an incoming ballistic hearings this week on NATO expan­ within a specific period of time, with­ missile, for which we do not have the sion, will focus on and not allow fuzzy, out congressional opportunity to defense; from a terrorist nation that vague, moving-target answers from the amend it in any way, shape, or form. would do any kind of bombing of our administration. The American people The administration claims that fast own people, either on our shores or off? and our young men and women in the track authority is needed to keep our 21340 CONGRESSIONAL RECORD-SENATE October 7, 1997 economy growing strong, to allow our a very real danger signal for the future. of the coming into force of NAFTA, I will companies to compete with those of I think it indicates that as a nation we personally negotiate the immediate reduc­ the European Union and Japan in should go slow. We need to be very tion of Mexican tariffs on US wines to the level of Mexican tariffs on Chilean wines growing markets such as South Amer­ careful and deliberate in these negotia­ and, thereafter, have them fall parallel with ica and the Pacific Rim and to main­ tions. future reductions in such tariffs. tain America's symbolic commitment The Commerce Department esti­ mates that every $1 billion in exports I personally talked with Mr. Kantor to free trade by letting the President at least three or four times on this negotiate agreements without fear that equals between 14,000 and 15,000 jobs. Based on that calculation alone, the issue. I also talked with the President, Congress is going to mettle in any of as well as others in the White House. the details. United States has lost hundreds of In my view, that argument flies in thousands of jobs as a result of these This was a glaring discrepancy, and the the face of reality. Since President trade deficits. The administration whole administration made a commit­ Clinton has taken office, 220 trade claims a modest increase in U.S. net ment to correct the discrepancy. exports as a result of NAFTA, but the You would think that at least by agreements have been negotiated with today, 3 years later, the tariffs would foreign nations. Only two of those re­ jury is still out. These mounting trade deficits should be parallel. But 31/2 years later, these quired fast track. inequities remain enshrined in the In recent years, U.S. exports have be a loud and clear message that Amer­ ica should negotiate better trade deals, agreement. As a matter of fact, as the been the strength of the economy. U.S. result of an unrelated trade dispute, exports increased 50 percent since 1991 rather than give up congressional re­ sponsibility through fast track. Mexico actually raised tariffs on without fast track. Today, exports are United States wine back up to pre­ 30 percent higher than in 1993. The bottom line is that Members of According to trade data released by Congress are being asked to forfeit our NAFTA levels of 20 percent, increasing the International Monetary Fund, ability to offer amendments to any the tariff from the 14 percent it had United States exports to Brazil, South trade agreement with no guarantee reached under NAFTA. Rather than America's richest market, grew 56 per­ that the major industries of our States drop to zero within 10 years, the tariff cent from 1994 to 1995. During that will not be disadvantaged by those is now 20 percent, a wipeout for an agreements. Under fast track, Congress American market share. same period, the Europe.an Union's ex­ Another product of fast track, the ports to Brazil grew only 8 percent, is left with no recourse except to vote against the whole agreement. General Agreement on Tariffs and while Japan's exports grew only 18 per­ The President tried to address some Trade, known as GATT, also contained cent. This growth in U.S. exports has of these concerns in the proposal he monumental inequities that seriously occurred without fast track authority. sent to Congress. But the goals and ob­ disadvantaged California's wine indus­ As a recent Wall Street Journal article jectives of the President's fast track try. Prior to the Uruguay round of citing the IMF data, pointed out, U.S. proposal are still just that-goals and GATT, major wine competitors had exporters hardly seem handicapped objectives. Previous fast track agree­ wine tariffs that were almost four without fast track. ments have demonstrated why this is times the United States tariff on an ad So arguments that the United States just not go.od enough. valorem basis. cannot negotiate trade agreements For me, a Californian, NAFTA was a But, even though the United States without fast track I think are specious. big case in point: had the lowest tariffs of any major Further, to argue that without fast NAFTA had an immediate negative wine producer, United States nego­ track the United States risks losing impact on the California wine industry. tiators agreed in the Uruguay round to the jobs that come with robust trade The California wine industry produces drop United States tariffs by 36 percent begs the question of how previous fast­ 90 percent of our Nation's wine and 90 over 6 years, while the world's largest track agreements have fared in this re­ percent of the wine exported by the wine producer, the EU, dropped its tar­ gard. United States. iffs by 10 percent. As a result, the cur­ Once again, I did not vote for Coincident with NAFTA, Mexico gave rent U.S. tariff on all wine products is NAFTA, but NAFTA was my first expe­ Chilean wines an immediate tariff re­ an average of 2.4 percent. That is far rience with fast track. Once spurned, duction from 20 percent to 8 percent lower than the EU's current average hopefully twice learned. Under NAFTA, and a guarantee of duty-free status tariff of 13 percent. the United States $1.7 billion trade sur­ within a year. By contrast, United The PRESIDING OFFICER. If I may, plus with Mexico in 1993 became a States wines face a 10-year phaseout of the Senator's 10 minutes have expired. record trade deficit of $16.3 billion by a much higher Mexican tariff, leaving Mrs. FEINSTEIN. I would like to fin­ 1996. The balance of trade has gone ex­ U.S. wines at a significant disadvan­ ish this. actly the wrong way. tage in the Mexican market. It is actu­ Mr. GRAMM. I ask that the Senator Our balance of trade with Canada has ally a wipeout of our market share of have an additional 2 minutes. also grown, more than doubling from wine in Mexico. Mrs. FEINSTEIN. Pardon me? $11 billion to $23 billion annually. The result of this tariff inequity was Mr. GRAMM. I ask unanimous con­ Let us look at GATT, another impor­ predictable. Exports of all U.S. wines sent that the Senator have an addi­ tant trade agreement. The GATT to Mexico have dropped by one-third tional 2 minutes, if that would solve agreement has contributed to the larg­ since NAFTA went into effect, while the problem. est merchandise trade deficit in U.S. Chilean wine exports to Mexico have Mrs. FEINSTEIN. I accept that. history. Today, it is at an all-time high nearly doubled. The size of the Chilean The PRESIDING OFFICER. Without of $165 billion. gains virtually match the size of U.S. objection, it is so ordered. I think these experiences combine to losses. Chilean wine picked up the mar­ Mrs. FEINSTEIN. If I do not finish it, present an eloquent statement that ket share lost by the U.S. wineries, I will perhaps get on the queue and says: Go slow. Fast track may well dominated by California. come back later. I thank the Senator backfire. In the future it may not be as During the NAFTA debate in Con­ from Texas. I thank the Chair. desirable as some claim. gress, the administration pledged to The PRESIDING OFFICER. The Sen­ If we look at the currency problems correct these tariff inequities within ator from Texas. in certain southeast Asian countries, 120 days of NAFTA's approval. Let me Mrs. FEINSTEIN. I have some very we can identify some of their trade quote from a letter to Members of Con­ specific concerns about fast track that strategies. I think what happens, as a gress from then U.S. Trade Representa­ are not adequately addressed in the result of some of the financial prob­ tive Mickey Kantor dated November 8, current proposal. lems, is these countries push for more 1993: First, tariff inqequities: As I said, the exports to our country and they close Pursuant to your request. you have my United States is already the most open their markets to our products. This is personal commitment that, within 120 days marke.t in the world. But our trade October 7, 1997 CONGRESSIONAL RECORD-SENATE 21341 agreements have sometimes disadvan­ There is also no timely method of not put added pressure on American taged American industries by not re­ solving a dispute within a matter of companies to lower our standards. quiring a level playing field with other hours. This is important when perish­ Fifth, manufacturing. base and labor nations. All too often, the price of able goods are sitting at a border or a standards: I also share the concern modest tariff reductions elsewhere has port warehouse awaiting a decision. raised by many of my Democratic col­ been further reductions in the already A bigger problem now is that if a leagues that we need to be particularly low U.S. tariffs. Mexican inspector finds a pest and does careful to protect our manufacturing Any future agreements should re­ not know whether that pest is subject base, and not undermine labor stand­ quire that other countries meet our to quarantine, it reportedly takes a ards, as we negotiate new trade agree­ tariff level before we agree to lower our week for the inspector to find out. No ments. tariffs further. Any fast-track proposal shipper can leave fruit sitting at the At one point, California was home to would have to address this issue before border for a week. six automobile manufacturing plants, winning my support. In January of last year, Mexico but today we are reduced to one. Once There should also be stronger en­ shipped over 8,000 boxes of brussels we lose our manufacturing capacity, I forcement mechanisms included when sprouts to the United States market am very concerned it will be very dif­ trade barriers are not lowered as pro­ causing the price to drop 11 terally in ficult if not impossible to reclaim. vided for in an agreement. Half the half. This product dumping caused the Akio Morita, the chairman of Sony, problems with previous trade agree­ price to drop to a level from which the made a blunt assessment of the situa­ ments have stemmed from nonenforce­ brussel sprout industry could not re­ tion: he said America will cease to be a men t. A recent report from the Amer­ cover during that season. world power if it loses its manufac­ ican Chamber of Commerce in Japan The dispute resolution process needs turing base. I wholeheartedly agree. said more effort must be dedicated to to be strengthened to include a mecha­ Service jobs, like energy and trans­ enforcing existing agreements. nism for swift resolution-within 48 portation services-which have fueled For example, Europe simply did not hours-when a dispute involves perish­ much of my State's economic re­ accept the GATT commitments on able commodities. bound-are important, but can't com­ audio visual services, instead, main­ Fourth, environmental · standards: I pensate for the loss of higher-wage taining its 1989 European Union Broad­ agree with many of my colleagues that manufacturing jobs in this country. cast Directive. This EU directive limits we should not encourage a race to the And if we lose our manufacturing base, the market for U.S. movies and TV bottom, in which the country with the we lose the service jobs, technology ad­ broadcasting. vances, and innovation that go with it. Another example is an agreement weakest environmental protection wins U.S. manufacturers already face signed with China in May of this year the prize of economic growth. enormous pressure to relocate manu­ which grants the United States access We all know that pollution knows no facturing capability abroad to meet the to Chinese markets for table grapes. geographic boundaries. U.S. commit­ regulatory and competitive demands of However, despite the agreement, China ment to preserving the quality of our foreign nations. maintains a 55 percent tariff on United environment should be as vigorous as The Semiconductor Industry Associa­ States table grapes, presenting a sig­ our commitment to open markets, and tion, representing the makers of com­ nificant barrier to United States ex­ that commitment should be reflected puters chips, says 30 percent of their ports. in our trade agreements to the greatest investment abroad is due to Second, phytosanitary standards: extent possible. chipmakers' desire to avoid high tariffs In addition to tariff inequities, dis­ For example, large numbers of Amer­ or meet a foreign government's re­ agreements over phytosanitary stand­ ican companies have located in Mexico. quirement that manufacturing be done ards continue, and are often used as de The pollution from these companies in their country, in order to sell in an facto trade barriers. For example: Ja­ goes into the New River, which flows otherwise closed market. pan's stringent tests for pesticides on north into the United States, termi­ For example: China's $3 billion semi­ American nectarines, cherries, and nating at the Salton Sea. I have flown conductor market is growing rapidly. other fruit continues to deny market over the New River, and I have seen · But they have a closed market, impos­ access for United States products. first hand the extent of the pollution ing high tariffs unless the manufac­ Another example is Chile: The United which is killing the Salton Sea. No turer builds a plant in their country. States imported 1 billion trays of fresh companies in the United States can do This is a $132 billion worldwide mar­ vegetables from Chile during the 1996- what is being done in Mexicali. ket and is expected to reach $245 billion 97 growing year, while the United Also, Mexican farmers have access to market by the year 2000. California is States exported no similar products to pesticides and other chemicals that are the Nation's leading chip producing Chile during its growing year-why?­ not available to American growers. State, so this is enormously important because of Chile's phytosani tary re­ These disparities will only increase as to my State. strictions on imports of United States we enforce our own laws. U.S. trade agreements must aggres­ poultry, fruit, and vegetables, which California growers will soon face an sively tear down the trade restrictions has effectively banned all imports of uneven playing field regarding the use that force U.S. manufacturers over­ these goods. of methyl bromide, a widely used soil seas. The President's fast track proposal­ and post-harvest fumigant. Under the U.S. manufacturers often cannot section 2(b)(6)(C)(iii)-states that un­ Clean Air Act, the United States is compete with foreign countries on justified phytosanitary restrictions phasing out the use of methyl brom1de wage costs. should be eliminated, but there is no by 2001, but our trading partners will One of the arguments advanced by language requiring that scientifically continue to use the chemical. More­ NAFTA supporters was the expansion based standards be established before a over, many of our trading partners re­ of trade will boost the economies of our trade agreement can be signed. quire our growers to fumigate their trading partners-and theoretically Third, dispute resolution: The pre­ crops with methyl bromide before the their wages-and expand the demand vious free trade agreement with Can­ commodity is shipped. for our products in return. However, ada, and the NAFTA agreement, estab­ U.S. requirements to control particu­ based on our NAFTA experience, the lished a process for resolving disputes. late matter will add costs to U.S. pro­ theory has not materialized. But the process does not always work. ducers, while no comparable require­ According to the Labor Department, For example: ments are being imposed on many of the wage gap between United States California growers have complained our trading partners. and Mexico workers is widening, rather in the past about Mexican inspectors Our trade agreements should encour­ than narrowing. In 1993, Mexican wages being unavailable at the border, so age our trading partners to live up to were 15 percent of those in the United . ship.ments are delayed. the highest environmental standards, States. Today, they are 8 percent. 21342 CONGRESSIONAL RECORD-SENATE October 7, 1997 This decline in wages is not solely policy, not politics. The creation of Mr. FEINGOLD. Mr. President, I ask the effect of the Mexican peso crisis. In such a commission finally would make unanimous consent that Senator 1994-before the peso collapse- real good on the promise that President THOMPSON from Tennessee be accorded hourly wages in Mexico had already Clinton and Speaker GINGRICH made 5 minutes before the luncheon. dropped to nearly 30 percent below when they shook hands in Claremont The PRESIDING OFFICER. Without their 1980 level- UC-Berkeley sociolo­ in May, 1995. objection, it is so ordered. gist Harley Shaiken. Mr. President, the McCain-Feingold Mr. WYDEN. Mr. President, I ask Mexico's financial problems only ex­ campaig·n finance reform bill is seri­ unanimous consent that Senator FEIN­ acerbated the trend. Since 1994, real ously flawed. Indeed, I believe that it is STEIN be allowed to speak for 5 min­ wages in Mexico have dropped another unconstitutional because it unduly re­ utes, as well, as in morning business. 25 percent to roughly half their 1980 stricts the freedom of speech that is The PRESIDING OFFICER. Is there level. guaranteed by the first amendment to objection? Clearly,. NAFTA has not yet im­ our Nation's Constitution. Without objection, it is so ordered. proved the wages of Mexican labor. The bill's ban on soft money is a re­ Mr. GRAMS. Mr. President, I ask Conclusion: Any fast track legisla­ striction on free speech. Even worse, in unanimous consent to be allowed to tion must contain the following assur­ my view, the bill's severe limitations speak for up to 5 minutes also before ances: on so-called issue advocacy advertise­ the recess. There must be a mechanism for swift ments that mention a candidate's The PRESIDING OFFICER. Is there and effective dispute resolutions. name, or show the candidate's likeness, objection? There must be language included within 60 days of an election, involve a Without objection, it is so ordered. stipulating that any agreement nego­ direct regulation of the content of po­ The Senator from Oregon is recog­ tiated under fast track must set equal litical speech. nized. tariffs between the United States and Out Nation's founders meant to allow Mr. WYDEN. Mr. President, I also free, open, and robust political speech our trading partners before the United ask unanimous consent that Senator and debate. The McCain-Feingold bill, States agTees to lower tariffs further. DODD be allowed to speak for up to 5 There must be mandatory mutual ac- however, moves to limit free speech ceptance of scientifically-sound and debate. I wholeheartedly agree minutes as in morning business. phytosani tary standards. with my distinguished colleague from The PRESIDING OFFICER. Without There must be enforceable environ­ Kentucky, Senator McCONNELL, as well objection, it is so ordered. mental standards in place. as the many constitutional scholars And there must be labor and wage whose views he has cited, that the provisions, and aggressive reduction of McCain-Feingold bill goes too far in CAMPAIGN FINANCE REFORM trade barriers, to protect our manufac­ regulating and restricting free speech Mr. WYDEN. Mr. President, my first turing future. and, therefore, is unconstitutional. official act as a new U.S. Senator, Without these assurances written I believe that any meaningful cam­ taken 15 minutes after I was sworn in, into the bill, I am very concerned that paign finance reform proposal ought to was to become a sponsor of the bipar­ extension of fast track authority would require candidates to disclose com­ tisan campaign finance reform bill that give away, once again, the only ability pletely to the American people what the U.S. Senate will begin to vote on I have as a U.S. Senator to influence they spend on their campaigns and later today . . trade agreements to see that they are from whom they received campaign I strongly believe that political cam­ responsive to the concerns of my State contributions. Full disclosure, not lim­ paigns should be about people and not and important industries. itations on free speech, is the right Until these concerns are addressed, money. But that is not what is hap­ kind of campaign finance reform. pening in America today. Campaign fi­ Mr. President, I must oppose any ex­ Mr. GRAMM addressed the Chair. tension of fast-track authority. nance activity has become like the The PRESIDING OFFICER. The Sen­ arms race-one side gets $10 , the next ator from Texas. (The remarks of Mr. GRAMM per­ side gets $20, the other side comes back CAMPAIGN FINANCE REFORM taining, to the introduction of S. 1260 and gets $30. It spirals up and up-­ Mr. SMITH of New Hampshire. Mr. are located in today's RECORD under spending that is out of control, spend­ President, I rise to speak in opposition " Statements on Introduced Bills and ing that is simply unaccountable to to the motion to invoke cloture on S. Joint Resolutions.") voters. 25, the McCain-Feingold campaign fi­ The PRESIDING OFFICER. Under Every Member of the U.S. Senate has nance reform bill. the previous order, the hour of 12:30 devoted hours and hours to fund­ Throughout my years in Congress, I having arrived, we are due to recess. raising. Every Member of the U.S. Sen­ have supported efforts to reform cam­ Mr. GRAMM. Mr. President, we have ate knows that when there is an elec­ paign finance laws. I have, for example, two other speakers here. I assume they tion that Tuesday in November, folks voted to eliminate political action are going to want to extend morning sleep in on Wednesday, and then in No­ committees and to prohi bit the use of business. If I can, without seeing the vember it starts all over again. Every the congressional franking privilege Senate adjourn, why don't I yield the Member of the U.S. Senate knows that for mass mailings. floor to Senator WYDEN and he can ask America deserves better. Along with Senators GREGG, unanimous consent for himself and I don't agree with every part of the TORRICELLI, and JOHNSON, I am cospon­ Senator FRIST, that they each have an McCain-Feingold bipartisan campaign soring in this Congress legislation to opportunity to speak briefly before we finance legislation; I would not pretend establish a bipartisan commission that adjourn. otherwise. And I think that is true of would recommend campaign finance re­ I yield to Senator WYDEN. many of the sponsors of this legisla­ forms. The Claremont Commission Act, The PRESIDING OFFICER. The Sen­ tion. But if this bipartisan bill passes, which is named after the agreement ator from Oregon. candidates in America are going to reached between President Clinton and Mr. WYDEN. I thank my colleague spend more time talking to voters in Speaker GINGRICH at a meeting in my from Texas. I ask unanimous consent, shopping malls and less time working home State of New Hampshire, would Mr. President, that I be allowed to the phones raising funds. That is going establish a nine-member commission speak as in morning business for 5 min­ to be good for democracy in America, to examine campaign finance rules and utes and that Senator FRIST may speak and I hope the Senate passes this bipar­ propose comprehensive legislation for as well for 5 minutes, and there may be tisan bill. reform. at least two other Senators that would I yield the floor. The Claremont Commission would like to speak as in morning business The PRESIDING OFFICER. The Sen­ make recommendations based on good for 5 minutes. ator from Tennessee is recognized. October 7, 1997 CONGRESSIONAL RECORD-SENATE 21343 (The remarks of Mr. FRIST pertaining The whole exercise is a public rela­ will open up the political process to the to the intr oduction of S. 1261 are lo­ tions scheme designed to let the public electorate. cated in today's RECORD under " State­ think we are reacting- when we are I am encouraged by the disclosure ments on Introduced Bills and Joint not. To move in this direction would prov1s10ns contained within the Resolutions." ) only threaten the ability of Americans McCain-Feingold proposals. We share Mr. GRAMS addressed the Chair. to participate in the democracy which the same goal of letting the sun shine The PRESIDING OFFICER. The Sen­ they have helped to create. Placing on the process. I am sure there will be ator from Minnesota is recognized. new limits or government controls are additional opportunities to debate this not the answer. aspect of the McCain-Feingold pro­ Mr. President, this leads me to my posal. CAMPAIGN FINANCE REFORM concerns with the McCain-Feingold Finally, Congress should work to pro­ Mr. GRAMS. Mr. President, I wanted proposal. While I commend the pro­ tect the right of Americans to partici­ to comment a little bit on the cam­ ponents of McCain-Feingold for mak­ pate in the democratic process without paign finance debate that is going on. ing some minor changes to their initial fear of coercion. Despite the Supreme Mr. President, over the last several proposal, such as removing the provi­ Court decision in Communications months, Americans have expressed sions providing for voluntary spending Workers of America versus Beck al­ grave concern over the daily reports of limits and restrictions on political ac­ most 10 years ago, millions of Ameri­ alleged illegal or improper campaign tion committees, the modified McCain­ cans still have portions of their pay­ contributions to the Democratic Na­ Feingold proposal still continues to checks taken and used for political tional Committee and White House suppress the rights of Americans to purposes for which they may disagree, during the 1996 campaign cycle. These communicate their ideas and express without their knowledge or consent. reports have raised the perception their views. I believe forcing an individual to among some Americans that access and For example, this modification is make compulsory campaign contribu­ votes can be bought in Washington and premised upon the belief that there is tions is contrary to our constitutional that the system for financing our Fed­ too much money spent on American form of government and the first eral campaigns is corrupt and broken. elections. If we accept this assumption, amendment freedoms we enjoy as citi­ Consequently, there have been many then Congress has decided to assert zens. As Thomas Jefferson once said, proposals introduced in the Congress questionable authority to suppress the "to compel a man to furnish contribu­ that are intended to change the way in rights of Americans to become in­ tion of money for the propagation of which campaigns for Federal office are volved in the political process and opinions which he disbelieves, is sinful financed. Most of these proposals call make their voices heard. and tyrannical." For these reasons, I for enacting new limits on how Ameri­ In fact, the belief that there is gov­ support the majority leader's decision cans can exercise their political free­ ernment justification for regulating to offer the " Paycheck Protection doms. Their stated purpose is to ulti­ the costs of political campaigns was re­ Act" as an amendment to the McCain­ mately restore the trust of the public jected by the Supreme Court in the Feingold bill. I do not consider this a in their Government. landmark case of Buckley versus " poison pill" to passage of campaign fi­ I share the concerns about these re­ Valeo. In Buckley, the Court declared, nance legislation, but rather effective ports of irregular and even illegal fund­ The First Amendment denies government medicine for our Nation's employees raising during the 1996 elections. How­ the power to determine that spending to pro­ because it will allow individuals to re­ ever, I disagree that the way to re­ mote one's political views is wasteful, exces­ gain control of their paychecks, avoid spond to these concerns is to pass new sive or unwise. In the free society ordained by our Constitution it is not the government coercion, and exercise their political laws that would do nothing more than but the people- individually as citizens and freedoms. limit the ability o( Americans to exer­ candidates and collectively as associations Finally, Mr. President, as we ap­ cise their political freedoms guaran­ and political committees- who must retain proach the next century, the Senate teed by the first amendment. control over the quantity and range of de­ has the responsibility to restore the The first amendment has always been bate on public issues in a political campaign. public's trust in their government and the basis for active · citizen participa­ The McCain-Feingold proposal also preserve the political freedoms that tion in our political process. The first fails to recognize that Americans have were enacted over 200 years ago. I re­ amendment ensures that, among other a right to petition the government and main hopeful that our actions here will things, average Americans can partici­ have their voices heard. Americans not affect the ability of future genera­ pate in our democratic process through have both a right and obligation to tions of Americans to enjoy these same publicly disclosed contributions to make their views known and hold those freedoms. campaigns of their choice. It also al­ that seek to represent them account­ I yield the floor. lows Americans to freely draft letters able for their actions or positions on Mr. DODD addressed the Chair. to the editor, distribute campaign lit­ issues. The PRESIDING OFFICER. The Sen­ erature, and participate in rallies and Mr. President, I expect the American ator from Connecticut. get-out-the-vote drives. people will receive a full disclosure of Mr. DODD. Mr. President, I ask unan­ In my view, the Federal Government campaign finance law violations. I be­ imous consent to speak for 5 minutes. can restore the integrity of our elec­ lieve the testimony before the Govern­ The PRESIDING OFFICER. The Sen­ toral process through greater enforce­ mental Affairs Committee has thus far ator from Connecticut is recognized to ment of existing laws, increased disclo­ proved the need for the Federal Gov­ speak for 5 minutes. sure of contributions and expenditures, ernment to focus its efforts on greater Mr. DODD. Mr. President, I thank and protection of the rights of Ameri­ enforcement of our existing laws and the Chair. I may need a few more min­ cans to become involved in the demo­ prosecution of those who violate the utes than 5. I will see how things are cratic process without fear of coercion. laws, before Congress seeks to pass new going, Mr. President, and may request We don't need new campaign finance laws. Congress should not use· viola­ unanimous consent to proceed a bit laws. Simply loading new laws upon tions of existing law to restrict polit­ longer. those which have already been broken ical speech and participation by those (The remarks of Mr. DODD pertaining will not solve the problem. After all, if who abide by current law. to the introduction of S. 1260 are lo­ campaigns or donors would not obey In addition to more timely enforce­ cated in today's RECORD under " State­ the current laws, strengthened almost ment of our existing election laws, we ments on Introduced Bills and Joint 25 years ago after the Watergate scan­ should encourage greater disclosure of Resolutions.") dal, why would we believe they would each contribution and expenditure. Mr. THOMPSON addressed the Chair. obey a new set of rules? They simply Fair and frequent disclosure of con­ The PRESIDING OFFICER. The Sen­ can't. tributions by Federal office seekers ator from Tennessee. 21344 CONGRESSIONAL RECORD-SENATE October 7, 1997 CAMPAIGN FINANCE REFORM gratitude of the Senator from Arizona been an interesting debate, an inform­ Mr. THOMPSON. Mr. President, I un­ for the statement of the Senator from ative debate, and I think a fair and derstand that the so-called Lott Tennessee, the fact that he was an constructive debate. As of yesterday amendment will be considered this original cosponsor of this bill, he has afternoon at approximately 7:30 p.m., afternoon after lunch-an amendment been bipartisan every step of the way the Senate had been considering this to the campaign finance reform bill and has made this reform much more campaign finance reform bill for parts known as the McCain-Feingold bill. I possible both in the past and today. or all of 6 days. The debate had exceed­ want to address that briefly. I have And I thank him for his tremendous ed 22 hours and has been basically given it serious consideration because I leadership on this issue. evenly shared by both sides of the think it is a serious matter. issue. I must say that I agree with the un­ I ask unanimous consent the time derlying intent of this legislation. I RECESS spent on the debate be printed in the support the concept of this amend­ The PRESIDING OFFICER. The Sen­ RECORD at this point. ment. I would like to see it enacted ate stands in recess. There being no objection, the mate­ into law. I believe that American work­ Thereupon, the Senate, at 1:01 p.m., rial was ordered to be printed in the ers need all the protections they can recessed until 2:15 p.m.; whereupon, the RECORD, as follows: get with regard to the matters that are Senate reassembled when called to Friday, September 26th (On the bill 1{}- addressed in this amendment. In fact, I order by the Presiding Officer (Mr. 3:45) 5'45" Proponents: COATS) . intend to cosponsor freestanding legis­ Daschle ...... 21 lation that would give us an oppor­ Mr. LOTT addressed the Chair. McCain ...... :...... 24 tunity to have an up-or-down vote on The PRESIDING OFFICER. The ma­ Feingold ...... 23 this idea. jority leader is recognized. Kerry ...... 30 But, Mr. President, as I look at this, Mr. LOTT. Mr. President, I ask to be Thompson ...... 17 I became concerned whether or not recognized under my leader time just Torricelli ...... 30 there is any chance of this amendment briefly. Dorgan ...... 25 ever becoming law because, as I under­ The PRESIDING OFFICER. The ma­ Total ...... 170 stand it, it is an amendment to the jority leader. campaign finance bill. When I ask Opponents: around whether or not those who are THE SENATE SCHEDULE Lott ...... 24 supporting the amendment will support Bennett ...... 49 the bill in case the amendment passes, Mr. LOTT. First, I apologize to my McConnell ...... 14 I don't get any affirmative responses. colleagues for having to take this time Ashcroft ...... 25 In other words, as I see the state of right now before the cloture vote. How­ Grams ...... 12 play now, if we pass this amendment, ever, the last couple of weeks have Gorton ...... 34 then those who are primarily in sup­ been somewhat hectic in the sched­ Total ...... 158 port of the amendment will still oppose uling of floor action, with the end of the underlying legislation. So there is the fiscal year, appropriations bills, Monday, September 29th (On the bill 12- no chance, as I see it, that the amend­ fast track and !STEA legislation brew­ 6:10) 6'10" ment or the ideas expressed in the ing, all looming over the Senate sched­ Proponents: amendment have any chance at all for ule. And I wanted to address the Sen­ McCain...... 51 becoming law in this process. ate before these votes occur. Feingold ...... 04 I am an original cosponsor of this Having said all that, I think all of Collins...... 13 particular legislation, the McCain­ Levin...... 13 my colleagues understand that one of Dorgan ...... 21 Feingold bill. I cannot align myself, the major roles of the majority leader Lieberman ...... 39 even though I agree with the under­ is to set the Senate schedule during Cleland ...... 16 lying intent, with an effort that has no each day's session and during the week. Durbin...... 20 chance of success in terms of passing Conversely, yesterday I watched with any legislation or passing an amend­ dismay as the minority leader filed a Total ...... 177 ment but that would, in effect, make cloture motion to the pending cam­ sure that the underlying bill, McCain-· Opponents: paign finance reform bill and further Lott ...... 05 Feingold, and the so-called Lott announced it would be his intention to amendment, would both never become Warner ...... 05 continue that practice for the remain­ McConnell ...... 96 the law of this land. That is what we der of the week. Unfortunately, since I Bennett ...... 15 are faced with. was not notified of the minority lead­ Nickles ...... 19 I must say it makes it a little bit er's intention, I could not be on the Hatch ...... 10 more difficult form~ when it is openly floor to respond. expressed as an effort to kill the under- · I will say now that my response was Total ...... 150 lying legislation. really one of dismay. All Senators So, Mr. President, I will do what I Tuesday, September 30th (Morning can for the rest of this Congress to see know that filing a cloture motion does Business) 32" that the working men and women are affect the Senate schedule. Needless to Proponents: protected in this regard. say, if cloture is invoked, if more than Daschle ...... 04 I think it is a noble settlement. I 60 Senators voted to limit the debate, Boxer ...... 10 think it is a good idea. There is free­ then the Senate must remain on that Wellstone ...... 18 clotured item until disposed of, regard­ standing legislation on this which I Total ...... 32 will support. But since I see no hope less of what the majority leader might have had in mind for the schedule for and no opportunity for this amendment Wednesday, October 1st (Morning to ever have the force and effect of law, floor consideration during those few Business) 2'01" then I cannot support it and will not. days. Proponents: Mr. FEINGOLD. Mr. President, I ask So I say to my colleagues that I do Kennedy ...... 08 unanimous consent to be heard for 30 regret the action, but I understand how Levin...... 17 seconds. these things happen. Sometimes we Glenn ...... 57 The PRESIDING OFFICER. Without just can't get in touch with each other objection, it is so ordered. and there is miscommunication. But Total ...... 82 Mr. FEINGOLD. Mr. President, I just prior to that event, the Senate had ba­ Opponents: want to express my gratitude and the sically conducted what I think has Thomas ...... 10 October 7, 1997 CONGRESSIONAL RECORD-SENATE 21345 Santorum ...... 29 ment made by the majority leader, but Lott amendment No. 1263 (to instructions I am not surprised. He has said from of motion to recommit), to guarantee that Total ...... 39 the very beginning that he was going contributions to Federal political campaigns to devise a strategy that would kill are voluntary. Monday, October 6th (On the bill 1- 7:30) campaign finance reform, and he may Lott amendment No. 1264 (to amendment 7'30" No. 1263), in the nature of a substitute. Proponents: have done so in the interim. It is not Lott amendment No. 1265 (to amendment Feingold ...... 51 our intention to schedule legislation. It No. 1264), to guarantee that contributions to McCain ...... 15 is not our intention to in any way ob­ Federal political campaigns are voluntary. Daschle ...... 08 struct the desires of the majority lead­ CLOTURE MOTION Reid ...... 09 er to go on to other issues. But it is our The PRESIDING OFFICER. The clo­ Johnson ...... 19 desire to have a good debate about one Bryan ...... 18 ture motion having been presented of the most important pieces of legisla­ under rule XXII, the Chair directs the Bingaman ...... 08 tion pending before the Senate. Bumpers ...... 24 clerk to read the motion. Levin ...... : ...... 54 While we have had a good exchange The bill clerk read as follows: of views on this particular bill, we have Collins ...... 05 CLOTURE MOTION not had a debate. A debate in the Sen­ We, the undersigned Senators, in accord­ Total ...... 211 ate, by its very nature, allows Senators ance with the provisions of rule XXII of the to offer amendments, to exchange Standing Rules of the Senate, do hereby Opponents: views with regard to the language of move to bring to a close debate on the pend­ McConnell ...... 40 the bill itself. But we have been pre- ing amendment No. 1258 to Calendar No. 183, G. Smith ...... 07 eluded from doing that. Why? Because S. 25, the campaign finance reform bill: Hagel ...... 14 the majority has disallowed the oppor­ Trent Lott, Don Nickles, Jon Kyl, Slade Gorton ...... ~~ tunity for anybody to offer an amend- Gorton, Mitch McConnell, Connie Allard ...... Mack, Larry E. Craig, Strom Thur­ Ashcroft ...... 07 ment. What kind of debate is that? We 09 have been on it and off it intermit- mond, Gordon H. Smith, Kay Bailey Shelby ...... Hutchison, Jesse Helms, Christopher S. Domenici ...... 26 tently for the last couple of weeks, but Bond, Thad Cochran, Rick Santorum, Burns ...... 20 we have not had a debate, not one liv­ R.F. Bennett, Bob Smith. ing up to the standards and the expec­ Total ...... 179 CALL OF THE ROLL tations of anybody with regard to this The PRESIDING OFFICER. By unan­ Mr. LOTT. So I understand, espe­ body. This ought to be a deliberative imous consent the quorum call has cially in this case, though, there is a body. There is no deliberation when the been waived. wish by the minority to try to control tree is filled, the amendments are pre­ the Senate schedule. However, there cluded, and the bill is pulled. VOTE are other pressing items that are pend­ So, we will continue to persist, re­ The PRESIDING OFFICER. The ing on the Senate's calendar that re­ gardless of whether it is in the form of question is, Is it the sense of the Sen­ quire Senate consideration. Some of an amendment or a bill. Again, I would ate that debate on the Lott amend­ those include, but are not limited to, rather work with the majority leader. ment No. 1258 to S. 25, a bill to reform fast-track legislation, remaining ap­ He mentioned being surprised. I guess the financing of Federal elections, propriations conference reports, now we both had that occasion. I am shall be brought to a close? !STEA, Amtrak, adoption and foster­ not going to talk about Pearl Harbor The yeas and nays are required under care legislation and, hopefully, perhaps this afternoon, as he did on the 16th of the rule. others. September. But let us not surprise each The clerk will call the roll. In closing, I hope that all Senators other. Let us get on with trying to lead The bill clerk called the roll. understand that I will have to move to the Senate in a way that will allow us The yeas and nays resulted-yeas 52, proceed to other legislative items after to complete our work. We are prepared nays 48, as follows: these two cloture votes if cloture is not to do that on this bill and every other [Rollcall Vote No. 266 Leg.) invoked. I am announcing to my col­ bill. YEAS- 52 leagues now, so that no Member will be I yield the floor. Abraham Faircloth McCain surprised by my actions. For the Allard Frist McConnell record, I have held up my end of the Ashcroft Gorton Murkowski bargain by making the campaign fi­ BIPARTISAN CAMPAIGN REFORM Bennett Gramm Nickles ACT OF 1997 Bond Grams Roberts nance issue the pending business prior Brown back Grassley Roth to the October recess. It was suggested Burns Gregg . Santorum The PRESIDING OFFICER. Under Campbell we were going to delay it until the end the previous order, the clerk will re­ Hagel Sessions Chafee Hatch Shelby of the week, or the end of the month, port the bill. Coats Helms Cochran Hutchinson Smith Bob or the end of the session. I said at the The bill clerk read as follows: Smith Gordon H time I had no intention of doing that. Collins Hutchison A bill (S. 25) to reform the financing of Coverdell Inhofe Stevens I thought we should have debate early Federal elections. Craig Kempthorne Thomas and we should have every opportunity Pending: D'Amato Kyl Thompson for Senators to express themselves. De Wine Lott Thurmond Lott amendment No. 1258, to guarantee Domenic! Lugar Warner The Senate has been provided more that contributions to Federal political cam­ Enzi Mack than adequate debate on this bill, and paigns are voluntary. I think that the important thing now is Lott amendment No. 1259 (to amendment NAYS-48 to go ahead and have these cloture No. 1258), in the nature of a substitute. Akaka Feingold Lau ten berg votes. It appears to me that there is no Lott amendment No. 1260 (to amendment Baucus Feinstein Leahy Bi den Ford Levin consensus at this time on this issue. I No. 1258), to guarantee that contributions to Bingaman Glenn Federal political campaigns are voluntary. Lieberman will have more to say about this after Boxer Graham Mikulski Lott amendment No 1261, in the nature of Breaux Harkin Moseley-Braun the votes, and I hope that we can move a substitute. on to other issues that need to be done Bryan Hollings Moynihan Lott amendment No. 1262 (to amendment Bumpers Inouye Murray before the close of the session. No. 1261), to guarantee that contributions to Byrd Jeffords Cleland Reed I yield the floor. Federal political campaigns are voluntary. Johnson Reid The PRESIDING OFFICER. The mi­ Conrad Kennedy Motion to recommit the bill to the Com­ Dasch le Kerrey Robb nority leader. mittee on Rules and Administration with in­ Dodd Kerry Rockefeller Mr. DASCHLE. Mr. President, I am structions to report back forthwith, with an Dorgan Kohl very disappointed with the announce- amendment. Durbin Landrieu 21346 CONGRESSIONAL RECORD-SENATE October 7, 1997 Sar banes Specter Wellstone Mack , L a rry E . Craig, Str om Thur­ Mr. DASCHLE. Mr. President, I want Wyden Sn owe Torricelli mond, Gordon H. Smith, Kay Bailey to be heard on the issue, if I can. In es­ The PRESIDING OFFICER. On this Hutchison, Jesse Helms, Christopher S. sence, wha t we are doing here is pull­ vote, the ayes are 52, the nays are 48. Bond, Thad Cochran, R. F . Bennett, ing the bill. We are now stating that, Bob Smith, Ted Stevens. Three-fifths of the Senators duly cho­ at least for the purposes of this week sen and sworn not having voted in the CALL OF THE ROLL and perhaps this session of Congress, affirmative, the motion is rejected. The PRESIDING OFFICER. By unan­ debate on the campaign finance bill is CLOTURE MOTION imous consent, the quorum call has over. Mr. DASCHLE. Mr. President, I send been waived. We are not prepared to accept that. I a cloture motion to the desk. VOTE think we ought to have a good discus­ The PRESIDING OFFICER. The clo­ The PRESIDING OFFICER. The sion this afternoon about whether we ture motion having been presented question is, Is it the sense of the Sen­ really want to do that. Do we want to under rule XXII, the Chair directs the ate that debate on S. 25, a bill to re­ pull this bill and go to the District of clerk to read the motion. form the financing of Federal elec­ Columbia appropriations bill? I would The assistant legislative clerk read tions, shall be brought to a close? The say that at least every Member on this as follows: yeas and nays are required under the side of the aisle, and perhaps some on CLOTURE MOTION rule. The clerk will call the roll. that side of the aisle, are not prepared We, the undersigned Senators, in a ccord­ The assistant legislative clerk called to do that. So we are not prepared to ance with the provisions of rule XXII of the the roll. have that vote right now, and I hope we Standing Rules of the Senate, hereby move The yeas and nays resulted-yeas 53, will have a good discussion about it, a to bring to a close the debate on S. 25, a s nays 47 , as follows: good debate about whether it is in our modified, the campaign finance reform bill: [Rollcall Vote No. 267 Leg.] interest to do so. Thomas A. Da schle, Ca rl Levin, J. YEAS-53 I suggest the absence of a quorum. Lieberman, Wendell Ford, Byron L. The PRESIDING OFFICER. The Dorgan, Barbara Boxer, Jack Reed, Akaka Feinstein Lieberman Richard H. Bryan, Daniel K. Akaka, Baucus Ford McCain clerk will call the roll. Bid en Glenn Chris topher Dodd, Kent Conrad, Robert Mikulski The legislative clerk proceeded to Bingaman Graham Moseley-Braun call the roll. Torricelli, Charles Robb, Joe Eiden , Boxer Harkin Moy.nihan Dale Bumpers, Carol Moseley-Braun, Breaux Hollings Murray Mr. LOTT. Mr. President, I ask unan­ John Kerry. Bryan Hutchinson Reed imous consent that the order for the Bumpers Inouye Reid quorum call be rescinded. Mr. LOTT addressed the Chair. Byrd Jeffords The PRESIDING OFFICER. The ma­ Chafee Johnson Robb The PRESIDING OFFICER. Without jority leader. Cleland Kennedy Rockefell er objection, it is so ordered. Collins Kerrey Sarbanes CLOTURE MOTION . Sn owe Mr. DASCHLE. Mr. President, I will Conrad Kerry not object for the purposes of giving Mr. LOTT. Mr. President, I send a Daschle Kohl Specter cloture motion to the desk, and I ob­ Dodd Landrleu Thompson the majority leader the opportunity to Torricelli serve that Senator DASCHLE filed a clo­ Dorgan Lau tenb erg respond. Durbin Leahy Wellstone Mr. LOTT. Mr. President, I thank the ture motion on the McCain-Feingold Feingold Levin Wyden bill, S. 25. This is a cloture motion on minority leader for doing that so that the paycheck equity amendment. NAYS- 47 I can respond to his comments. First of The PRESIDING OFFICER. The clo­ Abraham Faircloth Mack all, let me tell Members where we are Allard Frist McConnell ture motion having been presented on this. The D.C. appropriations bill Ashcroft Gorton Mu rkowski would be the pending issue. We do have under rule XXII, the Chair directs the Bennett Gramm Nickles clerk to read the motion. Bond Grams Roberts a cloture motion that we filed on that. Brownback Grassley Roth We would have a vote on that not be­ The assistant legislative clerk read Burns Gregg as follows: Santo rum fore 4 o'clock. There is still a chance Campbell Hagel Sessions we would get an agreement between CLOTURE MOTION Coats Hatch Shelby Cochran Helms Smith (NH) Senator MACK, Senator GRAMM, and We the undersign ed Senators, in a ccord­ Coverdell Hu tchison Senator GRAHAM of Florida on the im­ ance with the provisions of rule XXII of the Craig Inhofe Smith (OR) Standing Rules of the Senate, do hereby D'Amato Kempthorne Stevens migration issue, and then we would move to bring to a close debate on the pend­ De Wine Kyl Thomas have one other pending amendment. I Do menici Lott Thurmond believe it is the Coats scholarship ing amendment No. 1258, to Ca lendar No. 183, Warner S. 25, the campaign finance r eform bill: Enzi Lugar amendment for the District of Colum­ Trent Lott, D. Nickles, Jon Kyl, Slade The PRESIDING OFFICER. On this bia. Gorton, Mitch McConnell, Connie vote, the yeas are 53, the nays are 47. I believe those are the only two pend­ Mack, Larry Craig, Strom Thurmond, Three-fifths of the Senators duly cho­ ing issues we would still have to dis­ Gordon Smith, Jesse Helms, Kay Bai­ sen and sworn not having voted in the pose of on the D.C. appropriations bill, ley Hutchison, Christopher S. Bond, Bill Fris t, Charles Grassley , Thad affirmative, the motion is rejected. and then we would be able to go to Cochran; Rick Santorum. final passage. That would be the last of CLOTURE MOTION the 13 appropriations bills, and then we DISTRICT OF COLUMBIA APPRO­ could go on to conference on that and, The PRESIDING OFFICER. Under PRIATIONS ACT- MOTION TO hopefully, get all of these conference the previous order, pursuant to rule PROCEED reports done before the continuing res­ XXII, the Chair lays before the Senate Mr. LOTT. Mr. President, I move to olution runs out on the 23d, I believe, the pending cloture motion, which the proceed to S. 1156, the D.C. appropria­ of this month. I wanted to make sure clerk will report. tions bill. Members understand what we are try­ The assistant legislative clerk read Mr. DASCHLE. Mr. President, I ask ing to do here-go back to the D.C. ap­ as follows: for the yeas and nays. propriations bill. CLOTURE MOTION The PRESIDING OFFICER. Is there a Now, with regard to the issue that we We, the undersigned Sena tors, in a ccor d­ sufficient second? have been debating and the votes we ance with the provisions of rule XXII of the There is a sufficient second. just had, those two cloture votes that Standing Rules of the Sen a te, do hereby move to bring to a close deba t e on Calenda r The yeas and nays were ordered. we just took, in my opinion, put an end No. 183, S . 25, the campaign finance reform Mr. DASCHLE. Mr. President, is this to campaign finance reform at this bill: a debatable motion? time. They end the drive for phony re­ Trent Lott, Ric k Santorum, Jon Kyl, The PRESIDING OFFICER. This is a form, the kind that rigs the law in Don Nickles, Mitch McConnell, Connie debatable motion. favor of one side or the other. They end October 7, 1997 CONGRESSIONAL RECORD-SENATE 21347 the partisan game plan that t reated Mr. LOTT. That's correct. Mr. McCONNELL. Will the majority the Constitution and the right of free Mr. NICKLES. And dispose of-I be­ leader yield for a question? speech guarantees as technicalities to lieve there is the Coats amendment Mr. LOTT. I yield to the Senator be gotten around. That was the worst pending and also a Mack proposal pend­ from Kentucky for the purpose of a aspect of this year's effort to rewrite ing. So if we can dispose of both of question, without losing my right to Federal campaign law, this willingness those amendments, finish the District the floor. to abridge one of the fundamental free­ of Columbia appropriations bill, let it Mr. McCONNELL. Well, Leader, let doms of the American people. go to conference, and hopefully work me just ask if you are familiar with the Earlier this year, to my amazement, out the differences with the House on cloture vote we had on this issue last 38 Senators actually voted to change that and several other conference re­ year. I was asking the leader, since I the first amendment so that the Con­ ports, as many as possible this week, am compelled to ask a question, if he is gress or a Federal agency could limit hopefully complete all those by the 23d, familiar with the cloture vote we had free speech. I never thought I would see maybe we won't need a continuing res-· last year. that day arrive. Now, those 38 Senators olution. It looks like there may be a Mr. LOTT. I believe I am familiar have been joined by others who would couple of bills that we may not be able with it, and I believe that the vote we not explicitly repudiate the first to finish by the 23d. It is your hope just had, as a matter of fact, was a bet­ amendment, but they would in fact that we can finish the D.C. bill to­ ter vote in defense of free speech than change it. I think that is a very serious night? we had just a year ago. After all the challenge to the Constitution. Mr. LOTT. That's correct. I believe pressures and all of the media hype on What we have here is an effort to we can. I understand that the inter­ this issue, as a matter of fact, the Sen­ change the subject, to change the laws, ested Senators, on a bipartisan basis, ate voted by a stronger margin for free where the laws we have on the books have come very close to an agreement. speech and for union members being have already been broken. We do not I think we may have an answer within able to have a say on where their dues have a consensus yet on how to proceed the hour. would go. on this issue. We will be back on this Mr. NICKLES. The majority leader Mr. McCONNELL. I say the majority issue some day. But I want to say again made some comments on the campaign leader's memory is excellent. In fact, that until we do something about the finance reform and paycheck protec­ the vote against cloture and the vote paycheck equity issue, allow people to tion. I know my colleague the minority to defend the first amendment was bet­ have some say over how their dues are leader said he wanted to have more dis­ ter this year than it was last year, in used, and make sure that all campaign cussion. I will tell my colleague that I spite of all of the effort that has been contributions are voluntary, I don't see would like to visit about that a little made to undermine fundamental free how we can ever resolve this issue. So bit more as well. I think every Amer­ speech in this country. So I commend I feel good about what we did today. I ican should be guaranteed the right to the majority leader for his leadership, think we did the right thing for the say whether or not they contribute to and we look forward to defeating this American people, the right thing in a campaign. I can't imagine that any measure at any time it may be offered protecting free speech. Now we can employees have money taken away to the Senate. move on to other issues, and we can from them on a monthly basis without Mr. KERRY. Will the majority leader continue to have other debate and their consent. I think that is un-Amer­ yield for a question? other votes on this on other days. ican. Mr. LOTT. I yield to the Senator But as for now, I think we did the I personally inform the majority from Massachusetts for the purpose of right thing. I am proud the Senate leader and tell my colleague from a question, without losing my right to didn't turn its back on the Constitu­ South Dakota, I think it is a very fun­ the floor. tion. Just yesterday, the Supreme Mr. KERRY. I ask the majority lead­ Court ruled that you cannot limit free damental question of freedom, and I speech, you cannot limit advocacy feel very strongly about it. I am happy er if it is a fact that, under the proce­ issues in campaigns. We may not like to discuss that with our colleagues dures of the Senate, this bill, the D.C. it, but in America you should have a and, hopefully, figure out a way to pass appropriations bill, would have been right to say how your monies are used. it. Two or three of my colleagues say the regular order of the Senate, so it You should have the ability to express maybe it should be amended. I am was unnecessary to move to proceed to your position on an issue or on a can­ happy to discuss that with them as the D.C. appropriations as the regular didate. well. I never said it was perfect. I think order, except that by moving, as the So I hope that we can mend some of we should have a fundamental question majority leader has, he has in effect the problems that have developed and of fairness. Should we not have the taken the campaign finance reform bill go on and do our work on a lot of im­ right or the opportunity to make sure and put it back on the calendar, which portant issues, and perhaps some day that everybody that contributes to a essentially removes it from the capac­ we can find a way to have an oppor­ political campaign does it on a vol­ ity of automatically coming up again tunity to come together on this issue. untary basis? before the Senate; is that an accurate I yield to the Senator from Okla­ So I appreciate the majority leader's description of what has happened homa for a question, without losing my responding to my question. I know he parliamen tarily? right to the floor. wants to set this aside as far as cam­ Mr. LOTT. I think that is an accu­ Mr. NICKLES. Mr. President-- paign reforms and pass the appropria­ rate description of what is happening Mr. KERRY. Regular order, Mr. tions bill. I concur with that. parliamentarily. We have had parts of 7 President. But just to ask the majority leader a days of debate. We have had two votes Mr. NICKLES. The majority leader question, does he agree with me that on this issue. As I said, it is obvious has yielded so that I may ask a ques­ every American should have the right that a consensus has not been reached. tion. Your request was to move to the to be able to contribute to a campaign We have other important issues that District of Columbia appropriations on a voluntary basis? Members want to come up and debate. bill. Correct me if I am wrong, but that Mr. LOTT. It is such a fundamental, I accommodated advocates of the cam­ is the last appropriations bill we basic right, I really can't understand paign reform bill, and we have had the haven't passed. We passed the other 12, why there is such resistance to it in debate they wanted. It came up early, and we passed a continuing resolution. campaign finance reform. Frankly, all not later. The continuing resolution will expire employees, whether they are union Now we have other issues we need to on the 23d of this month. So it is your members or not, should have the right deal with. We need to deal with the hope that we can dispose of the Dis­ to say how their dues or fees are used, District of Columbia appropriations t rict of Columbia appropriations bill, and it should not be done without their bill, so that it can go to conference and hopefully, tonight; is that correct? permission. hopefully go down to the President. A 21348 CONGRESSIONAL RECORD-SENATE October 7, 1997 lot of work has gone into that bill this I ask the majority leader, would he Maine, Senator Mitchell, make on this year to try to help the people in the be prepared, if Members on both sides floor. When a Senator would object to District of Columbia. Do we want the were to discuss in the next hours some his procedures, he would reply that the District of Columbia appropriations kind of approach that we weren't per­ Senator understands how the Senate bill to die here and be folded in some mitted to vote on, we weren't per­ operates; the Senator understands that form or another in some CR at some mitted to actually legislate on, but in the Senate it quite often requires 60 point? which might resolve this question of votes, not 50 or 51 votes, to take action; I know the Senator from Massachu­ how you provide people the free choice the Senator understands that being de­ setts would like to see us do Amtrak with respect to their dues or otherwise, liberative doesn't mean having mul­ reform so that, as a matter of fact, the in a fair-minded way? Would the ma­ tiple votes. funds we have identified, a flow of jority leader be prepared, if Members We could have had amendment after funds for Amtrak, can go forward. If we on both sides believe there is a solu­ amendment after amendment and be on don't get the reform authorization lan­ tion, to bring this back for a vote in this subject for the rest of this month. guage, the money will not be released. order to deal with that? But there was no consensus. There is That is going to get to be a serious Mr. LOTT. Well, when we have a so­ no consensus. The truth of the matter problem. We see the possibility, or lution even in distant sight that would is that the other side feels that, if they even the probability, of a strike facing be fair and would not restrict Ameri­ do not limit free speech, the bill is not Amtrak later on this very month. It cans' ability to participate in the elec­ worth having. We, on the contrary, feel seems to me that we need to address tion process, a system that is a fair that if people can't have control over some of those issues so that we can one, then certainly I am always ame­ how their contributions are used or have adequate funding for Amtrak. I nable to talking further. My record is their dues are used, the bill would not know the Senator from Massachusetts replete with examples where I said, I be fair. wants that. The President of the United States think there is hope, let's work. But on But, as I have said before, we will indicated to me through top staff offi­ this issue at this time, that hope is not keep working on this. And I am always cials on Monday morning that they there. There has been no real move­ amenable to suggestions. I have been hope we will vote on this issue and ment in that direction. So I don't fore­ talking to Senators this very morning then move on to other issues, including see that happening. about that. the fast-track trade agTeement. We The Senator from Massachusetts was I yield to the Senator, if I can. Let have a lot of important work to do. I one of the ones who said, " Are you me yield to the Senator from Pennsyl­ vania, then I will come back to this just said a moment ago that I don't going to bring this up early, or are you think this is the last time we are going going to wait until the last day of the side, for a question. to talk about campaign finance reform. last week of this session?" I said, no, I The PRESIDING OFFICER (Mr. Maybe some day we can sit down and didn't want to do that because I didn't KEMPTHORNE). The Senator from Penn­ see what we might agree on. We are want us to end up on this issue without sylvania. certainly not going to agree to a situa­ having the time to talk about it. I Mr. SANTORUM. Thank you. I thank tion that gives up any American's thought about it and I said, as a matter the leader. right to free speech and that forces of fact, let's go ahead and get started I just wanted to ask a question. The other citizens to pay, against their because I thought there was a window Senator from Massachusetts talked wishes, for campaigns they don't sup­ of opportunity in here to have the de­ about the job of the Senate as it moves port. bate, which we did for some 23 or 24 forward on legislation. I just wanted to So you are right that our purpose hours, on campaign finance reform. So harken back to his statement about here is to get off of campaign finance I said, let's do it now. But I think it FDA reform, and what has been done reform for now and go to the District would not be good faith, after all that, by some people trying to block consid­ of Columbia appropriations bill. I be­ to want to do it again next week, and eration of FDA reform and comptime­ lieve if we can do that, we could prob­ every day we are in session, and the flextime. If you will correct me, I be­ ably finish today. The next order of last day we are in session. I don't think lieve it is still on the calendar at this business I would like to try to go to is that is in good faith either. That will point because we do not have 60 votes the ISTEA transportation infrastruc­ wind up affecting everything else we to move forward with the comptime. ture bill. That, too, is a bipartisan need to do. Mr. LOTT. As a matter of faCt, on issue that Senator DASCHLE and I have We have had a good debate. We know flextime, that is the pending business. talked about. Senator MAX BAucus is that right now there is not a con­ And, under certain circumstances this working on it, along with Senator sensus. But if we begin to move toward week, we could end up back on that CHAFEE. There is a bipartisan group, <:me that is not partisan, that is fair bill, which will suit me fine. and they are ready to go. In that case, and does not limit free speech, I am al­ Mr. SANTORUM. Is it not the fact the Senate needs to provide a little ways willing to see what we can agree that we will not be able to get 60 votes leadership because the House hasn't to. on comptime-flextime, and as a result been able to pass a bill. They passed Mr. KERRY. One last question with a we have not been able to move forward just an extension. We can pass a 6-year very quick response. The Senator from with that piece of legislation, which, as bill with a formula that would be fairer Massachusetts contemplated the Sen­ we have just been told by the Senator overall. There will be some disagree­ ate doing what the Senate is supposed from Massachusetts, is the business of ments on that. Until we get started, we to do, which is legislating, voting. We the Senate? We have not had that de­ are never going to resolve them. have not voted on one amendment. We bate yet. Mr. KERRY. Mr. President, if I can have not permitted one issue to come Mr. LOTT. I believe, in answer to the continue, let me say to the majority to the real deliberative efforts of the Senator's question, that the majority leader, I think all of us have been sen­ Senate, which is r through a vote. I of the Senate thinks there should be an sitive to the needs of the Senate to do think the Senator knows that. opportunity for workers to be able to the business of the Senate. We have set So my question would be, if there is take time to be with their children, or aside the campaign finance reform in this kind of solution, will the Senator to do whatever they might need to do­ order to do that at any time that it permit it to come to a vote-if it were for the PTA or for their own heal th was important. But there is a very big a majority of the Senate that had come reasons. The U.S. Senate could, by a distinction between taking this off the to that conclusion, a majority of the majority vote, allow that to happen, calendar in a way that prohibits us, if Senate? but instead the bill has been filibus­ we were to reach agreement, from re­ Mr. LOTT. I cannot help but be re­ tered. Since we have not been able to turning to it immediately or from real­ minded of some of the speeches I heard round up 60 votes, it still is pending on ly deliberating on it. the former majority ieader from the calendar. October 7, 1997 CONGRESSIONAL RECORD-SENATE 21349 Mr. SANTORUM. My understanding other day, that there are existing vio­ would have been on the floor. We would is that the major opposition to the lations of campaign finance law? Could not have had to put the campaign fi­ comptime-flextime-you can tell me­ you answer for me or postulate for me nance reform bill back on the calendar. the major opposition that is moving is what the reasons are that someone So no one should be misled by that on the other side of the aisle, and talk­ may want to divert attention away sleight-of-hand. It is very important ing to those Members to block the from a debate and examination of the that everyone reaiize what happened. comptime-flextime bill from coming up breaking of existing campaign laws to The majority leader pulled the bill, put for consideration. talk about something completely unre­ it back on the calendar, ostensibly so Mr. LOTT. I know there has been a lated, which is changing the existing we could come back to the District of lot of interest by the Senator from law? Columbia appropriations bill. But that Massachusetts, Senator KENNEDY, Mr. LOTT. I said in my speech a wasn't necessary because the regular about that. And I know he had prob­ week or so ago that what really both­ order is the District of Columbia appro­ lems with the Food and Drug Adminis­ ers me here is people saying, " My good­ priations bill. So we could have tration reform package, which, by the ness, the laws which we wrote have achieved what the majority leader said way, passed with a bipartisan vote, been broken and, therefore, we should he wanted to achieve simply by going overwhelmingly, to cut off his fili­ change them." And what new laws do back to the regular order. buster. We voted, I think, twice to cut they propose? Laws that restrict free Mr. President, I hope everybody real­ off the filibuster, and I understand it speech, in the McCain-Feingold pro­ izes that is the reason Democrats have passed 98 to 2. It took us a month to posal as it now stands. There are provi­ found the decision of the majority get it done. sions in that with regard to advocacy, leader questionable today. Why would Mr. SANTORUM. Can the Senator or advocating an issue, or advocating we do that if, indeed, we are going to say what outside organizations are even a candidate. The Supreme Court be going back to cloture votes tomor­ principally opposed to the comptime­ just yesterday refused to review the row and to cloture votes again on flextime bills being considered here? lower court which said you can't limit Thursday? Mr. LOTT. I believe the AFL-CIO. I that. I have heard several of my colleagues think it would be helpful if we could Our paycheck protection amendment say that it is the American way to en­ check with their members because I has been called a " poison pill." Since sure that every single person volun­ think the members would like to have when is it a " poison pill" when you tarily participate in the political proc­ a say about the denial of their have an amendment that says the ess, and, in so protecting the voluntary comptime-flextime. American people should have a say nature of that participation, it is crit­ Mr. SANTORUM. With respect to the about how their money is used? ical that unions provide for some Lott amendment on paycheck equity, I think that is a very strange descrip­ mechanisms to refund that portion of what outside organization is blocking tion of a very fundamental freedom and the payment dedicated to political ac­ the consideration of that? In fact, what right I thought we still had in Amer­ tivity within each union. That is the outside organization is a major oppo­ ica. American way to have that oppor­ nent? Mr. SANTORUM. If I could ask one tunity. Mr. LOTT. That legislation to allow additional question, do you find it iron­ I do not want to debate the so-called for voluntary contributions to cam­ ic that on the day in which we have Lott amendment at length. But I cer­ paigns so that workers are not required campaign finance hearings in the Gov­ tainly expect that they would then to pay dues as a condition of employ­ ernmental Affairs Committee, talking support that same freedom- that same ment and then have those dues used for about the legal activities at the White voluntary spirit-when it comes to the political candidates. Our amendment House with the Democratic National mandatory collection of political re­ to fix that problem has been opposed Committee, that Members of the Sen­ sources from corporations, from orga­ by the union bosses. But yet the union ate here on the other side of the aisle nizations, and from all other entities members in the country, when they want to focus on a completely different involved in the political process. If it is find out that their dues are being used issue which has to do with changing good for one, it has to be good for the for political purposes without their the existing campaign? Do you think other. permission and without their knowl­ there is some sort of strategy involved With regard to having a full and fair edge- the ones I talk to- are irate. here? I am just curious as someone sort debate about that, I don't know what They say, " I want the opportunity to of on the outside. · could be more full or more fair than to decide. I may want to give permission. Mr. LOTT. It appears to me there bring· up the bill separately and have a I might want to check it off and say might be some thinking along those good debate-an all-out debate about this is fine." lines. But, you know, I, at this point, it. But in America shouldn't you have don't want to question the motives of Let's have a debate with amendments the ability to say that? Shouldn't you others. on whether or not we want to expand have the choice about how your own I appreciate the questions that have it, whether, indeed, it is a good idea. moneys are used as a condition of em­ been asked, and I would ask consent But I get ba k to why this is going ployment? that after th·e Senator from South Da­ on. This is going on not because people Mr. SANTORUM. I would also ask kota speaks, that I be able to regain are concerned about freedom, about the question maybe in a little different the floor to continue this discussion. free speech. This is going on because it light. Mr. DASCHLE addressed the Chair. is a poison pill, because we know as Let me ask this question. My ques­ The PRESIDING OFFICER. Without long as we are in this situation we are tion is, can you come up with a reason objection, it is so ordered. never going to get to campaign finance why someone would want to be debat­ The Democratic leader. reform. ing the changing of the underlying law Mr. DASCHLE. Mr. President, I So I hope everyone understands what with respect to campaign finance at a thank the Presiding Officer. this is all about. The majority leader time when there is another debate Mr. President, let me respond to a says there isn't a consensus. I will going on out here about violations of couple of the matters raised by my dis­ agree today there are not 60 votes on current existing law? Can you ·possibly tinguished majority leader. the bill, but we are getting closer to a postulate for me what you think the First of all, with regard to the Dis­ consensus on a lot of these other motivation of some might be to ques­ trict of Columbia appropriations bill, issues. tion the underlying existing law of there is no reason why the majority Mr. President, let me just say, given campaign finance in the face of over­ leader could not have simply called for this poison pill, campaign finance re­ whelming evidence and even new evi­ regular order. By calling for regular form probably choked a little bit dence that has come out, as recently as order, the D.C. appropriations bill today, but it did not die. It is alive. It 21350 CONGRESSIONAL RECORD-SENATE October 7, 1997 is well. And it may choke a little bit ture of this body to have a good debate Mr. LOTT. Mr. President, will the more as they try to shove it down the about what is the most appropriate Senator yield for a question to the Sen­ throat of the whole campaign finance language, what is the most appropriate ator from North Dakota? reform concept, but I will tell you this. provision with regard to these ques­ Mr. FORD. Let him answer his ques­ Campaign finance reform will not die tions. We have been denied that. tion. until it is passed. It will pass. I do not So while we have had good speeches­ Mr. LOTT. I will be glad to wait. want to be in a situation to amend ! have heard some great speeches, even Mr. DASCHLE. I will be glad to com­ other bills, but that is exactly what we some exchange- we have not had a de­ plete my answer and yield to the ma­ will be forced to do if we are not able bate, not a debate in the true sense of jority leader. to deal with this in a constructive way. the word where Democrats and Repub­ The answer is clearly yes. We don't So I just hope that Republicans and licans can walk down to the floor, offer believe that this is time for business as Democrats can work through these ob­ an amendment, have a good vote, go on usual here, that we simply pull the bill stacles, that we can rid ourselves of the to · the next amendment, have an ex­ after we debated it, as we have now for poison pill and debate it as an issue as change. That has not occurred. some 23 hours, if you can call this a de­ we should but then allow the Senate to Mr. DORGAN. If I might just ask two bate. Simply to pull the bill without work its will on campaign finance re­ brief additional questions. any resolution on the issues is a very form in a meaningful way. I hope we Isn't it the case that on the cloture difficult thing for many of us to accept. can do that. vote on the underlying bill, the So the Senator is absolutely right. Our Mr. DORGAN. Will the Senator McCain-Feingold bill, 53 Members of preference would be to stay on this bill. yield? the Senate voted for cloture, which Let's see if we can finish it. We hope we Mr. DASCHLE. I yield to the Senator suggests that 53 Members of the Senate can finish the D.C. appropriations bill, from North Dakota. support this bill? So we have a cam­ too. We have attempted to do that, but Mr. DORGAN. I appreciate the Sen­ paign finance reform bill that has the clearly we have to move on with subse­ ator from South Dakota yielding. I support of the majority of the Senate quent votes on campaign finance re­ would like to ask just a couple brief and a procedure designed to prevent form. questions. the Senate from having a vote on it. Is I would be happy to yield to the ma­ The majority leader has consistently that not the case that we now face? jority leader. this afternoon indicated there has been Mr. LOTT. I will just wait, if the a rather full and extensive debate on Mr. DASCHLE. The Senator is abso­ Senator is about through with his com­ campaign finance reform. Isn't it the lutely correct. The majority of the ments. I will just go ahead and re­ case that exactly the opposite is true? Senate has how gone on record in sup­ spond. The master illusionists in America are port of the bill as it is pending before Mr. DASCHLE. Mr. President, I yield those who are able to convince people the body, and we have been precluded the floor. that they have seen things that do not the opportunity to vote up or down on The PRESIDING OFFICER. The ma­ exist. that bill. jority leader is recognized. Isn't that what we have here? We Mr. DORGAN. I know the Senator Mr. LOTT. Mr. President, I thank the have had a debate on campaign finance has another engagement, but let me Senator from South Dakota for allow­ reform, we are told. Isn't it the case, I ask one final question. Isn't it the case ing us to have this discussion to go ask the Senator from South Dakota, now that the pending business in this back and forth, but I want to point out that the campaign finance reform bill Chamber was campaign finance reform to the Senator from North Dakota that was brought to the Senate in a very and the majority leader is asking by the same rationale that he used also complicated set of almost Byzantine motion to go to D.C. appropriations applies to the amendment that I had procedures that are called filling the and that those who decide to vote to do offered, the paycheck equity amend­ tree so that no one else had an oppor­ that are voting to pull campaign fi­ ment; 52 Senators voted to invoke clo­ tunity to do anything to amend this nance reform? If that is the case- and ture so that we could go ahead and get bill, and that under the procedure that I guess it is procedurally-I think we a vote on that issue, as a matter of existed the bill was debated, but no ought to have a debate about that. I fact. So a majority of the Senate feels one, save the majority leader, was able think we ought to have a vote on it, we very strongly about that. to offer one single amendment? ought to find out who in the Senate de­ Mr. DORGAN. Will the Senator yield Isn't it the case that we had what is cides to vote to pull campaign finance on that point? called an illusion? I think this is an il­ reform from the floor of the Senate be­ Mr. LOTT. It seems to me that some­ lusion to convince people to see things fore we have had the first amendment times maybe even the White House that do not exist. offered to that bill. knows more about the rules of the Sen­ I think people will see what happened Why haven't we had an amendment ate than some of us around here. here, a procedure that ties up the Sen­ offered? Because this bill was tied up As a matter of fact, when the White ate, allows no one to offer any amend­ tight, brought to the floor with the de­ House spokesman, Mr. Mccurry, was ments, and then a claiI{l, trying to pull sign and a boast by some that they are asked about how the vote would come the bill from the floor, that we have going to kill it and be proud they in the Senate, he was asked, " Well, had a debate on campaign finance re­ killed it, and they are going to put this what if there is a filibuster?" form. Is that an accurate description of in a position where someone else fili­ Mr. Mccurry said, " Well, then there what has happened in recent days? busters and gets the blame for killing would be a filibuster and there would Mr. DASCHLE. The Senator from it. be a cloture vote and then they would North Dakota is exactly right. That is This is clearly an illusion. And isn't move on." the description. We have spent a lot of it the case that the vote we are going "But if they don't get 60 votes, that time on it. But ask any Senator in this to be asked to take- and I hope it is a wouldn't be a vote." Chamber whether they have had an op­ record vote; you have already asked for " It would be a vote. That's the way portunity to offer an amendment, to the yeas and nays-will be a vote on the Senate rules work. What else?" talk about differences that we might whether we believe we should pull cam­ " Does the vote of 60 , is that consid­ have with the McCain-Feingold bill per paign finance reform from the floor of ered a vote?" se. We have all indicated that we are the Senate? I am going to vote no, but "Mr. Mccurry. A vote to limit debate willing to support it, but there have isn't that in fact the vote we are going by invoking cloture is considered a also been a lot of indications on the to have? vote under Senate rules, yes, the last part of many Senators that they would Mr. DASCHLE. I think · the Senator time I checked.'' like to improve upon it, they would from North Dakota describes it accu­ Mr. DORGAN. Will the Senator like to change this or that. It is the na- rately. We don't think-- yield? October 7, 1997 CONGRESSIONAL RECORD-SENATE 21351 Mr. LOTT. Mr. Mccurry seems to Mr. LOTT. That is absolutely true, a Is it not the opinion of the majority know more about the rules than some little point that seems to be ignored in leader that the biggest bump that of us around here. many circles around here. As a matter McCain-Feingold has hit is not the Mr. DORGAN. Will the Senator of fact, I don't think any worker, vote in the Senate but the vote in the yield? whether he or she is a union member or Supreme Court? When the Supreme Mr. LOTT. But the argument again nonunion member, should be compelled Court took action with respect to de­ that 53 Senators voted for cloture on to have their dues or fees or assess­ nying cert to a lower court ruling, did the underlying bill applies the other ments or in any way have to pay with­ the Supreme Court not in fact inflict a way, too; 52 Senators voted for cloture out their permission for politics or for much bigger blow on McCain-Feingold on the amendment that was pending. a political candidate. I think it should than the vote we took today? And if, Mr. DORGAN. Will the Senator yield be applicable to workers at all levels. indeed, we had passed it today, is it not for a question? And so I purposely included that. now clear the Supreme Court itself Mr. LOTT. I will be glad to yield. Some people say, " Well, you went be­ would gut the bill? Mr. DORGAN. No one is suggesting, yond the Beck decision of the Supreme certainly not me, that the Senator has Mr. LOTT. I think it is obvious that Court." Yes, ·that is one of the key that would be the result. Now, there not followed the rules. The Senator has places where I did go beyond the Beck used the rules exactly as he desired to are those who have been saying, well, decision. I said this voluntarism should you never know how the courts are use the rules to bring this bill up, fill be applicable to all employees, all the tree, prevent it from having going to rule until they look at the workers. So clearly that is a part of specific language or until they have in amendments, have a cloture vote, and the amendment as it now stands. kill the bill. This Senator understands fact ruled. Right in the middle of the Mr. BENNETT. Now, if I could fur­ debate on McCain-Feingold, the Su­ that. I have been curious about why ther query the majority leader, on this the majority leader would not allow a preme Court spoke clearly, once again, issue of equality between workers and and said you cannot limit people's motion to table. We understand that shareholders and the suggestion that there was not an interest in allowing a corporations that are invoived in giv­ speech. You cannot limit advocacy. motion to table the Lott amendment ing soft money are taking money invol­ You cannot limit groups that want to to be offered this morning. untarily from the shareholders, is the take a position on an issue. It was real­ In fact, the Senator in a rather un­ majority leader familiar with the ly interesting that ruling did come just usual move last evening put us in yesterday of this week. shareholder boycott movements that Mr. BENNETT. Would the majority morning business all morning. Our ex­ occurred, oh, some decade or so ago, pectation was we would be able to have people who would sell their shares of leader not concur, then, that it is a a motion to table. I wonder if the Sen­ stock in companies that did business in better use of the Senate's time to be ator would tell us why that was inap­ South Africa, for example? debating appropriations bills at this propriate or whether he would allow us Mr. LOTT. I am familiar with that, point in the fiscal year than worrying the opportunity to offer a motion to and I know of the Senator's back­ about legislation that is clearly uncon­ table· the Lott amendment at some ground in business as a corporate exec­ stitutional? Don't we have a responsi­ point. utive, and he knows all too well that bility, when something is clearly un­ Mr. LOTT. In response to the Sen­ stockholders, shareholders, have a very constitutional, to get off of it and ator's question, as a matter of fact, I strong voice in what happens, and that move onto something more productive? had been indicating all along that we voice is by buying or not buying more Mr. LOTT. It would appear to me to would have full debate on this, we stock or by selling what they have and be the case. If the Senator will allow would have cloture votes. If cloture putting it somewhere else. They can me, I would like to ask that the cloture was achieved, then we would move on choose where they put their money. vote scheduled for today now occur at from there. If it was not, then we would What a wonderful American procedure 4 p.m. I would say to the Senate that I go to other legislative business. that is. But it is one that we value very have just notified the minority leader As a matter of fact, I had to file the much. of this request, therefore the next vote cloture motion last week, I guess it Mr. BENNETT. I would say to the will be 4 p.m. today on the motion to was last Friday, so we could have these majority leader before my next ques­ invoke cloture with respect to the cloture votes. As a matter of fact, as to tion, I have been called by brokers who Mack-Gramm immigration amendment morning business, I have lots of Sen­ have told me what a marvelous invest­ to the D.C. appropriations bill. ators who come in and say: We have ment a particular company is. And I The PRESIDING OFFICER. The lead­ very important issues we want to talk said, " But they sell cigarettes, and I er has that right. about. Can you set aside an hour or don't want to put my money in a com­ Mr. LOTT. Does the Senator wish me some time, even 2 hours, for morning pany that sells cigarettes." And I was to yield further? business? told, " Yes, but they're mainly in cook­ Mr. BENNETT. I thank the majority Yesterday afternoon I came down to ies and biscuits and other kinds of leader for his courtesy. I have no fur­ the floor. No Senators were waiting to food." And I said, " No, I am making a ther questions. speak on campaign finance reform. One decision as to whom I will support with Mr. LOTT. As I said here last week, I Senator was waiting to speak on an­ my investment dollars, and the com­ think protecting citizens against other issue, and so we went into morn­ pany that's in the tobacco business is forced political contributions should be ing business where Senators could not one I want to support with my the litmus test for the sincerity of this speak up to 5 minutes on any other money." I don't attack people who sup­ debate. Anyone unwilling to do that subject they wanted. port it with their own money, but I cannot be taken seriously as an advo­ So if I could go on at this point, does make my own investment decisions. I cate for reform. The fact is that the ad­ the Senator from Utah have a question have heard people say the same thing vocates of McCain-Feingold decided he would like to ask? about entertainment companies, say­ that legislating about campaign fi­ I yield for a question. ing they don't want their money in the nance reform was less important than Mr. BENNETT. I would like to ask entertainment company that produces maintaining the system of compulsory the majority leader a question regard­ a particular movie, and whatever. campaign contributions by employees. ing the Lott amendment about which But this is the next question I would And, so, rather than allow their own we have heard some ex post facto de­ like to address to the majority leader. legislation, the present form of bate here. Is it not true that under the The distinguished minority leader McCain-Feingold, to go forward, they Lott amendment corporate employees talked about campaign finance hitting brought down the roof of the whole who are not members of the union aiso a bump in the road today but saying it temple on their own bill. At least Sam­ would be required to give their permis­ was not dead, that the Senate had hit son had reason to wreck the place. But sion before their money could be used? it but not killed it. I don't think that should be the case 21352 CONGRESSIONAL RECORD-SENATE October 7, 1997 here. They are so determined to limit if he was aware that there had been Mr. LOTT. Mr. President, in case the workers' ability to say where their some survey data actually taken of em­ Senator from Kentucky or the other . dues or their fees are going to be used, ployees, union employees, assessing Senator from Kentucky or any other and ho~ . that they are willing to have their attitude about their dues being Senator would like to speak-we will the whole issue set aside. taken, in effect, and spent on causes have a vote at 4 o'clock, but in order So we stand here, now, in the midst with which they disagree? for them to make some comments if of this scuffle, but maybe the things we Mr. LOTT. I am aware that there they would like, I yield the floor at are finding out this very day about have been some survey data. I am try­ this time. what happened in the 1996 campaign ing to remember what the numbers The PRESIDING OFFICER. The Sen­ will have some future effect on what were. I believe- perhaps you will have ator from Kentucky. we decide to do. Belatedly, now, we see them-in one instance it was 62 per­ Mr. McCONNELL. Mr. President, I these videotapes brought forward, cent; in another it was 78 percent. just want to thank the distinguished showing White House coffees. Even Mr. McCONNELL. I think the 78 per­ majority leader for his leadership on more belatedly, we understand, now, cent figure the majority leader refers this very important issue. In the judg­ that there is an audio track of the to is the one that I saw; 78 percent of ment of this Senator, there is nothing President's meeting with John Huang workers would like to have an oppor­ more important than protecting the on June 18, · 1996. Where have these tunity, up front in advance, to make first amendment and giving American tapes been? Why haven't we known the decision on whether or not they citizens an opportunity to participate about this before? contribute, in effect, to a political in the political process. When it comes to campaign finance, cause; fundamental American right. I would say that is not just my view. the administration gives a whole new That is what the leader's amendment That is the view of the United States meaning to the term " technical prob­ would have provided, not just for union Supreme Court. It is the view of the lems." Only a few days ago, while those members but employees of corpora­ American Civil Liberties Union. The White House videos were not avail­ tions who are not union members, and Court has said you have a constitu­ able-or maybe people weren't aware of of course any shareholders who are ag­ tional right to support, to contribute them-the Attorney General had been grieved have the option to sell the to the candidate of your choice. So we moving· away from an independent shares, if they object to any political are talking about fundamental first amendment rights in this debate. counsel, not toward it. donation of a corporation. So I com­ I also want to take this opportunity So, I once again have serious prob­ mend the majority leader. lems with trying to detect who is seri­ Mr. LOTT. I would like to make an­ to thank my colleagues who have spo­ ous about legitimate campaign reform. other point. Perhaps the Senator might ken during the course of this debate. What we have here is not a lack of re­ want to respond with a question on The number of speakers has been strictive campaign laws. In fact, I that, or comment. roug·hly equal on both sides. Every one think that is a big part of the problem. I didn't just dismiss the McCain­ of the Senators who spoke on my side We already have more laws, more re­ Feingold bill out of hand. I sat down of this issue spoke in defense of the first amendment. strictions, more regulations than the with the Senator from Arizona and we I also extend my gratitude and my mind can contend with. I think we went over what was in his bill. One of appreciation to Tamara Somerville, have been making mistakes over a pe­ the pro bl ems with it is how he deals my long-time assistant in this struggle riod of years in the writing of cam­ with this paycheck equity issue. His to protect the first amendment. No­ paign laws, where now it takes lawyers bill, as I understand it- maybe you can body has ever worked harder, produced and CPA 's and FEC experts to try to correct me-says, in effect, that after more brilliant subject matter, and done make sure that a candidate for office, an election is over, if a member decides it with greater humor than she. So, my of either party, is complying with the that he or she would like to get their thanks to Tam, not only for her good law. What we have is a lack of enforce­ dues back because the money was used work for me but also on behalf of the ment of the existing laws. So, the push in some way he or she didn't agree country, in defense of the first amend­ has been to say, well, there may have with, then they could get it back. ment. been some problems, maybe some laws Great. You have already had an elec­ I also want to thank her assistant, were broken, so what we need is new tion. Somebody has already been Lani Gerst, who did a remarkable job laws. I respectfully disagree with that. bombed with millions of dollars of as well, for all of her help. We are not going to go forward in a money that is used against union mem­ Mr. President, it has indeed been a way that is unconstitutional. We are bers' permission, and then they can wonderful debate. We will in all likeli­ not going to go forward in a way that say, after the fact: If you are mad, you hood have it off and on again. It seems does not deal with this problem of the can get your money back. I don't un­ that is the history of this issue. It has taking of dues from workers and using derstand the rationale for that think­ been around a few times over the last them for political purposes. ing. 10 years, but I think the opposition to I just came across an interesting Mr. McCONNELL. The majority lead­ ruining the first amendment continues quote attributed to former White er is absolutely correct. That provision to grow. Today's cloture vote against House Deputy Chief of Staff, Harold would have only given an employee cloture was the highest in 10 years. Ickes. This is actually a quote from Mi­ who decided he didn't like it an oppor­ So, I end today on an optimistic chael Louis, in the New York Times tunity to write in and get his money note, that the first amendment will, in­ magazine. He says that the Deputy back after it was over-wholly inad­ deed, survive for another year. Chief of Staff will tell you, point equate, I would say to the leader, whol­ I yield the floor. blank, that President Clinton does not ly inadequate. Mr. FORD addressed the Chair. care about campaign finance reform, Mr. FORD addressed the Chair. The PRESIDING OFFICER. The Sen­ that he is using the issue for his own Mr. McCONNELL. The real decision ator from Kentucky. purposes, none of them altruistic. I is, do you-are you asked in advance Mr. FORD. Mr. President, I hear a lot think that sums up what is going on whether or not you want to contribute of interesting talk. It amuses me some here and I think the American people your hard-earned money to a group but it also bothers me. In the hearing should not allow themselves to be that may go out and spend it on causes in the Governmental Affairs Com­ fooled by the debate that we have been with which you disagree? mittee today- we heard the majority hearing over the last week. Mr. FORD. Mr. President, I don't leader talking about tapes. They don't I yield further to the Senator from mind listening to this debate but the want to impugn the integrity of the Kentucky for a question. · floor is in the possession of the major­ President, but they kind of scorn the Mr. McCONNELL. Yes, I wanted to ity leader and he yielded for a ques­ tapes suddenly showing up. After ev­ ask the distinguished majority leader tion, not a statement. eryone made a statement all morning October 7, 1997 CONGRESSIONAL RECORD-SENATE 21353 -never got to witness, talked about ten to the minority's voice. We have a NAYS- 1 tapes all morning-they tried to get to right and we exercise that right. We Byrd Mr. Ruff, I believe his name is, who is represent a State and we have that The PRESIDING OFFICER. On this the counsel for the White House, who right, representing that State. We are vote, the yeas are 99, the nays are 1. came down to the meeting, came in the U.S. Senators and we have that right. Three-fifths of the Senators duly cho­ audience, and the ranking member So, therefore, that right is going to sen and sworn having voted in the af­ tried to get him before the committee be exercised if I have anything to do firmative, the motion is agreed to. to answer their questions. And he was with it and can stand on my feet. Mr. MACK. Mr. President, I move to gaveled down and the committee re­ I yield the floor at 4 o'clock. reconsider the vote. cessed. The PRESIDING OFFICER. The Something about this does not ring Chair, in my capacity as a Senator true. If you can come out here and just CLOTURE MOTION from the State of Alaska, moves to lay bash somebody and bash them, and The PRESIDING OFFICER (Mr. STE­ that motion on the table. they have no opportunity to defend VENS). Under the previous order, pursu­ The motion to lay on the table was themselves, and then you recess the ant to rule XXII, the Chair lays before agreed to. meeting-something like that is what the Senate the pending cloture motion, is happening here on the Senate floor. which the clerk will report. We see a campaign finance reform bill The assistant legislative clerk read DISTRICT OF COLUMBIA that comes up and we do what we refer as follows: APPROPRIATIONS ACT, 1998 to as filling the tree, and that means no one else can put up an amendment, CLOTURE MOTION The PRESIDING OFFICER. The mo­ and they say we have an opportunity to We, the undersigned Senators, in accord­ tion to proceed falls, and the clerk will ance with the provisions of rule XXII of the report the pending bill. debate the bill? That is like the man Standing Rules of the Senate, do hereby trying to answer in the Governmental The assistant legislative clerk read move to bring to a close debate on the Mack as follows: Affairs Committee about the tapes that second-degree amendment No. 1253 to Cal­ were released, and they wouldn't let endar No. 155, S. 1156, the District of Colum­ A bill (S. 1156) making appropriations for him talk. bia appropriations bill: the government of the District of Columbia Connie Mack, Mike DeWine, Barbara and other activities chargeable in whole or So, we are trying to get to a cam­ in part against the revenues of said District paign finance bill here today and you Boxer, Bob Graham, Conrad Burns, Wayne Allard, Paul Coverdell, James M. Inhofe, for the fiscal year ending September 30, 1998, can't talk. Oh, you can talk, but you and for other purposes. can't vote. And they talk about this John H. Chafee, Richard G. Lugar, Ted Ste­ vens, Larry E. Craig, James M. Jeffords, Gor­ The Senate resumed consideration of amendment of the majority leader's, don Smith, R.F. Bennett, D. Nickles. the bill that is so great-why is it that they Pending: will not accept a more comprehensive The PRESIDING OFFICER. By unan­ bill in the same light that covers ev­ imous consent, the quorum call has Coats modified amendment No. 1249, to been waived. provide scholarship assistance for District of erybody? No, they want their own bill, Columbia elementary and secondary school because it is harder on labor than it is The question is, Is it the sense of the Senate that debate on the Mack students. on business. It is harder on labor than Graham/Mack/Kennedy amendment No. it is on associations. So, that is the amendment No. 1253, as modified, to S. 1252, to provide relief to certain aliens who reason that amendment has been clois­ 1156, the DC appropriations bill, shall would otherwise be subject to removal from tered and we cannot get to it. be brought to a close? The yeas and the United States. I understand we have a couple of nays are required under the rule. The Mack/Graham/Kennedy modified amend­ more minutes. This is a little bit like clerk will call the roll. ment No. 1253 (to amendment No. 1252), in they talk about the laws, that every­ The assistant legislative clerk called the nature of a substitute. thing is fine. It is like being opposed to the roll. MODIFIED AMENDMENT NO. 1253 the IRS. Oh, we have had all these The yeas and nays resulted-yeas 99, The PRESIDING OFFICER. The hearings about IRS, we are going to get nays 1, as follows: question is on agreeing to the amend­ rid of IRS, we are going to do all that-­ [Rollcall Vote No. 268 Leg.] ment. but the Republicans are in the major­ YEAS-99 Mr. MACK. I ask for the yeas and ity. They are the ones who are bashing Abraham Feingold Lott nays. IRS. But they passed a bill, a tax bill, Akaka Feinstein Lugar The PRESIDING OFFICER. Is there a Allard Ford Mack sufficient second for the yeas and nays? of almost 900 pages-900 pages, and Ashcroft Frist McCain they are trying to say we want to get Baucus Glenn McConnell There does not appear to be a sufficient rid of the IRS. Sure they are going to Bennett Gorton Mikulski second. Is there a sufficient second? get rid of the IRS. They are going to Bl den Graham Moseley-Braun There is a sufficient second. Bingaman Gramm Moynihan The yeas and nays were ordered. overload them. When IRS is overloaded Bond Grams Murkowski the constituents are overloaded. Boxer Grassley Murray The PRESIDING OFFICER. The Come on, now, give us a break. If you Breaux Gregg Nickles question is on agreeing to the modified Brownback Hagel Reed amendment No. 1253. The yeas and nays are against the IRS, don't pass 900 Bryan Harkin Reid pages of new tax law. And, when a man Bumpers Hatch Robb have been ordered. The clerk will call wants to come to answer the questions Burns Helms Roberts the roll. that they are asking, let him talk, let Campbell Hollings Rockefeller The bill clerk called the roll. Chafee Hutchinson Roth The result was announced- yeas 99, him answer the questions. If you have Cleland Hutchison Santo rum an amendment that is comprehensive, Coats Inhofe Sarbanes nays 1, as follows: that applies to all PAC's, all organiza­ Cochran Inouye Sessions [Rollcall Vote No. 269 Leg.] tions, why not talk about it, why not Collins J effords Shelby Conrad Johnson Smith (NH) YEAS- 99 let us vote on it? We are being gagged. Coverdell Kempthorne Smith (OR) Abraham Brown back Coverdell We are being gagged by the majority. Craig Kennedy Snowe Akaka Bryan Craig They don't want us to vote. They have D'Amato Kerrey Specter Allard Bumpers D'Amato Daschle Kerry Stevens Ashcroft Burns Daschle the ability to do that. That is the rules DeWlne Kohl Thomas Baucus Campbell De Wine of the Senate. I am in the minority. Dodd Kyl Thompson Bennett Chafee Dodd But we are going to protect the rights Domenici Landrleu Thurmond Bid en Cleland Domenic! of the minority. We will protect the Dorgan Lau ten berg Torricelli Bingaman Coats Dorgan Durbin Leahy Warner Bond Cochran Durbin rights of the minority and that is the Enzi Levin Wellstone Boxer Collins Enzi reason we are a great country, we lis- Faircloth Lieberman Wyden Breaux Conrad Faircloth 21354 CONGRESSIONAL RECORD-SENATE October 7, 1997 Feingold Kempthome Reed MESSAGES FROM THE HOUSE S. 1159. A bill to amend the Alaska Native Feinstein Kennedy Reid Claims Settlement Act, regarding the Kake Ford Kerrey Robb At 10:39 a.m., a message from the Tribal Corporation public interest land ex­ Kerry Frist Roberts House of Representatives, delivered by change, and for other purposes (Rept. No. Glenn Kohl Rockefeller Ms. Goetz, one of its reading clerks, an­ Gorton Kyl Roth 105-100). Graham Landrieu Santorum nounced that the House insists upon its By Mr. HELMS, from the Committee on Gramm Lau ten berg Sarbanes amendment to the bill (S. 1026) to reau­ Foreign Relations, without amendment: Grams Leahy Sessions thorize the Export-Import Bank of the S. 1266. An original bill to interpret the Grassley Levin Shelby United States, and asks a conference term "kidnapping" in extradition treaties to Gregg Lieberman Smith (NH) which the United States is a party (Rept. No. Hagel Lott Smith (OR) with the Senate on the disagreeing Harkin Lugar Snowe votes of the two Houses thereon; and 105-101). Hatch Mack Specter appoints Mr. LEACH, Mr. CASTLE, Mr. Helms McCain Stevens Hollings McConnell Thomas BEREUTER, Mr. LAFALCE, and Mr. INTRODUCTION OF BILLS AND Hutchinson Mikulski Thompson FLAKE, as the managers of the con­ JOINT RESOLUTIONS Hutchison Moseley-Braun Thurmond ference on the part of the House. Inhofe Moynihan Tonicelli The following bills and joint resolu­ Inouye Murkowski Wamer At 2:45 p.m., a message from the tions were introduced, read the first Jeffords Murray Wellstone Johnson Nickles Wyden House of Representatives, delivered by and second time by unanimous con­ Ms. Goetz, one of its reading clerks, an­ sent, and referred as indicated: NAYS-1 nounced that the House has passed the By Mr. GRAMM (for himself, Mr. DODD, Byrd following bills, in which it requests the Mr. DOMENIC!, Mrs. BOXER, Mr. FAIR­ The modified amendment (No. 1253) concurrence of the Senate. CLOTH, Mrs. FEINSTEIN, Mr. HAGEL, was agreed to. H.R. 1703. An act to amend title 38, United Mr. REID, Mr. WYDEN, Mr. ALLARD, States Code, to provide for improvements in Ms. MOSELEY-BRAUN, Mrs. MURRAY, Mr. LOTT. Mr. President, I move to and Mr. LIEBERMAN): reconsider the vote by which the the system of the Department of Veterans Affairs for resolution and adjudication of S. 1260. A bill to amend the Securities Act amendment was agreed to. complaints of employment discrimination. of 1933 and the Securities Exchange Act of Mr. SANTORUM. I move to lay that R.R. 2206. An act to amend title 38, United 1934 to limit the conduct of securities class motion on the table. States Code, to improve programs of the De­ actions under State law, and for other pur­ The motion to lay on the table was partment of Veterans Affairs for homeless poses; to the Committee on Banking, Hous­ agreed to. veterans, and for other purposes. ing, and Urban Affairs. Mr. LOTT addressed the Chair. R.R. 2571. An act to authorize major med­ By Mr. FRIST: The PRESIDING OFFICER. The ma­ ical facility projects and major medical fa­ S. 1261. A bill to establish the Education cility leases for the Department of Veterans Scholars Block Grant Program; to the Com­ jority leader. Affairs for fiscal year 1998, and for other pur­ mittee on Labor and Human Resources. poses. By Mr. FAIRCLOTH: MORNING BUSINESS S. 1262. A bill to authorize the conveyance of the Coast Guard Station, Ocracoke, North Mr. LOTT. Mr. President, I ask unan­ MEASURES REFERRED Carolina; to the Committee on Commerce, imous consent that there now be a pe­ The following bills were read the first Science, and Transportation. riod for morning business with Sen­ and second times by unanimous con­ By Mr. BINGAMAN: ators permitted to speak for up to 5 sent and referred as indicated: S. 1263. A bill to establish requirements re­ garding national tests in reading and mathe­ minutes each. R.R. 1703. An act to amend title 38, United The PRESIDING OFFICER. Without matics; to the Committee on Labor and States Code, to provide for improvements in Human Resources. objection, it is so ordered. the system of the Department of Veterans By Mr. HARKIN (for himself, Mr. THE VERY BAD DEBT BOXSCORE Affairs for resolution and adjudication of DASCHLE, Mr. LEAHY, and Mr. JOHN- Mr. HELMS. Mr. President, at the complaints of employment discrimination; SON): . to the Committee on Veterans' Affairs. S. 1264. A bill to amend the Federal Meat close of business yesterday, Monday, R.R. 2206. An act to amend title 38, United Inspection Act and the Poultry Products In­ October 6, 1997, the Federal debt stood States Code, to improve programs of the De­ at $5,413,432,617,300.15. (Five trillion, spection Act to provide for improved public partment of Veterans Affairs for homeless health and food safety through enhanced en­ veterans, and for other purposes; to the Com­ four hundred thirteen billion, four hun­ forcement; to the Committee on Agriculture, mittee on Veterans' Affairs. dred thirty-two million, six hundred Nutrition, and Forestry. seventeen thousand, three hundred dol­ R.R. 2571. An act to authorize major med­ ical facility projects and major medical fa­ By Mr. DODD: lars and fifteen cents) cility leases for the Department of Veterans S. 1265. A bill to amend the Occupational Five years ago, October 6, 1992, the Affairs for fiscal year 1998, and for other pur­ Safety and Health Act of 1970 to expand the Federal debt stood at $4,060,002,000,000. poses; to the Committee on Veterans' Af­ provisions to include construction safety re­ (Four trillion, sixty billion, million) fairs. quirements; to the Committee on Labor and Ten years ago, October 6, 1987, the Human Resources. Federal debt stood at $2,378,537,000,000. By Mr. HELMS: ENROLLED BILL SIGNED S. 1266. An original bill to interpret the (Two trillion, three hundred seventy­ term " kidnapping" in extradition treaties to eight billion, five hundred thirty-seven The following enrolled bill, pre­ which the United States is a party; from the million) viously signed by the Speaker of the Committee on Foreign Relations; placed on Fifteen years ago, October 6, 1982, the House, was signed on today, October 7, the calendar. Federal debt stood at $1,128,772,000,000. 1997, by the Presiden.t pro tempo re [Mr. (One trillion, one hundred twenty-eight THURMOND]: billion, seven hundred seventy-two mil­ H.R. 2378. An act making appropriations STATEMENTS ON INTRODUCED lion) for the Treasury Department, the United BILLS AND JOINT RESOLUTIONS Twenty-five years ago, October 6, States Postal Service, the Executive Office By Mr. GRAMM (for himself, Mr. 1972, the Federal debt stood at of the President, and certain Independent DODD, Mr. DOMENIC!, Mrs. Agencies, for the fiscal year ending Sep­ $435,152,000,000 (Four hundred thirty­ tember 30, 1998, and for other purposes. BOXER, Mr. FAIRCLOTH, Mrs. five billion, one hundred fifty-two mil­ FEINSTEIN, Mr. HAGEL, Mr. lion) which reflects a debt increase of REID , Mr. WYDEN, Mr. ALLARD, nearly $5 trillion-$4,978,280,617,300.15 REPORTS OF COMMITTEES Ms. MOSELEY-BRAUN, Mrs. MUR­ (Four trillion, nine hundred seventy­ The fallowing reports of committees RAY, and Mr. LIEBERMAN): eight billion, two hundred eighty mil­ were submitted: S. 1260. A bill to amend the Securi­ lion, six hundred seventeen thousand, By Mr. MURKOWSKI, from the Committee ties Act of 1933 and the Securities Ex­ three hundred dollars and fifteen cents) on Energy and Natural Resources, with an change Act of 1934 to limit the conduct during the past 25 years. amendment in the nature of a substitute: of securities class actions under State October 7, 1997 CONGRESSIONAL RECORD-SENATE 21355 law, and for other purposes; to the the law was achieving its purposes. "(b) CLASS ACTION LIMITATIONS.-No class Committee on Banking, Housing, and What we discovered from the nine wit­ action based upon the statutory or common Urban Affairs. nesses, a broad cross-section of peo­ law of any State or subdivision thereof may be maintained in any State or Federal court THE SECURITIES LITIGATION UNIFORM ple-State regulators, companies that by any private party alleging- ST AND ARDS ACT OF 1997 were subject to these suits, a former "(1) an untrue statement or omission of a Mr. GRAMM. Mr. President, I send a SEC Commissioner-was that while we material fact in connection with the pur­ bill to the desk on behalf of myself, had dealt with the problem in Federal chase or sale of a covered security; or Senator DODD, Senator DOMENIC!, Sen­ court, we now were seeing a migration "(2) that the defendant used or employed any manipulative or deceptive device or con­ ator BOXER, Senator FAIRCLOTH, Sen­ of these lawsuits to State courts with a trivance in connection with the purchase or ator FEINSTEIN, Senator HAGEL, Sen­ real effort and apparently a successful sale of a covered security. ator REID, Senator WYDEN, Senator AL­ effort to circumvent what we had done. "(c) REMOVAL OF CLASS ACTIONS.-Any LARD, Senator MOSELEY-BRAUN, Sen­ So, Mr. President, I have introduced class action brought in any State court in­ ator MURRAY, and Senator LIEBERMAN. this bill, with Senator DODD as my volving a covered security, as set forth in Mr. President, on December 22, 1995, principal cosponsor-he is the ranking subsection (b), shall be removable to the the Senate took an extraordinary ac­ Federal district court for the district in Democrat on the subcommittee- and which the action is pending, and shall be tion in overriding President Clinton's with a broad cross-section of Repub­ subject to subsection (b). veto of the Private Security Litigation licans and Democrats to try to correct "(d) DEFINITIONS.-For purposes of this sec­ Reform Act, Public Law 104-67. This this problem. What our bill does is very tion the following definitions shall apply: major reform legislation was an effort simply this. It sets national standards "(l) CLASS ACTION.-The term 'class action' to try to do something about frivolous for stocks that are traded on the na­ means any single lawsuit, or any group of lawsuits filed in or pending in the same lawsuits that were filed on a class-ac­ tional markets. What it says is that in court involving common questions of law or tion basis against basically new, inno­ the case of class-action suits, and fact, in which- vative companies. class-action suits only, if a stock is "(A) damages are sought on behalf of more These abusive lawsuits were literally traded on the national market, if it is than 25 persons; a multibillion dollar tax imposed on a national stock, then the class-action "(B) one or more named parties seek to re­ new and innovative companies. They suit has to be filed in Federal court. cover damages on a representative basis on were invariably filed on a class-action behalf of themselves and other unnamed par­ This does not apply to individual law­ ties similarly situated; or basis, where there was no real client. suits. It applies only to class-action "(C) one or more of the parties seeking to The cost of defense against such litiga­ lawsuits, and it applies only to stocks recover damages did not personally author­ tion was so high that normally the that are traded nationally. ize the filing of the lawsuit. cases ended in large settlements out of Legislatively, we have been moving "(2) COVERED SECURITY.-A security is a court. toward national standards for national 'covered security' if it satisfies the standard We passed a comprehensive bill to try for a covered security specified in paragraph securities. The National Securities (1) or (2) of section 18(b) at the time during to deal with that problem in Federal Markets Improvement Act, enacted which it is alleged that the misrepresenta­ court. That bill made a combination of overwhelmingly last year, created na­ tion, omission, or manipulative or deceptive five major changes in the law. It said, tional rules for many aspects of our na­ conduct occurred.''. first, that there had to be real clients; tional securities markets. This is an (2) CONFORMING AMENDMENTS.-Section that if a lawyer was going to file a important step continuing in that di­ 22(a) of the Securities Act of 1933 (15 U.S.C. class-action suit, he had to be filing it 77v(a)) is amended- rection, a step in line with the prin­ (A) by striking "and, concurrent with on behalf of real shareholders, encour­ ciples lying behind the commerce State and Territorial courts,'' and inserting aged by a set of procedures where the clause of the Constitution. " and, concurrent with State and Territorial largest shareholder in the class-action Mr. President, I would also like to courts, except as provided in section 16 with suit was in fact in charge of that suit. take this opportunity to notify my col­ respect to class actions,"; and Second, the legislation required that leagues that, even though we have a (B) by striking "No case arising under this there be specificity with regard to relatively short amount of time left in title and brought in any State court of com­ what the company was alleged to have petent jurisdiction shall be removed" and in­ this session of Congress, the Securities serting "Except as provided in section 16(c), done wrong. Subcommittee will move quickly on no case arising under this title and brought Third, it required a discovery process this legislation, beginning with legisla­ in any State court of competent jurisdiction designed to get the facts out on the tive hearings before we adjourn for the shall be removed". table, rather than a discovery process year. (b) AMENDMENTS TO THE SECURITIES EX­ that was a tool for harassing defend­ Mr. President, I ask unanimous con­ CHANGE ACT OF 1934.-Section 28 of the Secu­ ants into settling the case. sent that the text of the bill be printed rities Exchange Act of 1934 (15 U.S.C. 78bb) is Fourth, the legislation set up a sys­ amended- in the RECORD. (!) in subsection (a), by striking " The tem of proportional liability so that There being no objection, the bill was rights and remedies" and inserting "Except you could not simply sue in order to ordered to be printed in the RECORD, as as provided in subsection (f), the rights and reach where the deep pockets were; you follows: remedies"; and had to go after the real perpetrators of S. 1260 (2) by adding at the end the following new fraud. subsection: Finally, it contained an attorney Be it enacted by the Senate and House of Rep­ "(f) LIMITATIONS ON REMEDIES.- resentatives of the United States of America in "(l) CLASS ACTION LIMITATIONS.-No class miscqnduct provision, which said that Congress assembled, action based upon the statutory or common if the judge made a judgment-we re­ SECTION 1. SHORT TITLE. law of any State or subdivision thereof may quire an initial judgment by law-that This Act may be cited as the " Securities be maintained in any State or Federal court this was an abusive lawsuit, then the Litigation Uniform Standards Act of 1997". by any private party alleging- parties who had engaged in this abu­ SEC. 2. LIMITATION ON REMEDIES. "(A) a misrepresentation or omission of a sive conduct would be forced to pay for material fact in connection with the pur­ (a) AMENDMENTS TO THE SECURITIES ACT OF chase or sale of a covered security; or the legal expenses of the company that 1993.- "(B) that the defendant used or employed was defending itself. (1) AMENDMENT.- Section 16 of the Securi­ any manipulative or deceptive device or con­ So strong was the support for this ties Act of 1933 (15 U.S.C. 77p) is amended to trivance in connection with the purchase or bill that we were able not only to pass· read as follows: sale of a covered security. it on a bipartisan basis, but we "SEC. 16. ADDITIONAL REMEDIES; LIMITATION "(2) REMOVAL OF CLASS ACTIONS.-Any class overrode the President's veto of the ON REMEDIES. action brought in any State court involving "(a) REMEDIES ADDITIONAL.-Except as pro­ a covered security, as set forth in paragraph bill. vided in subsection (b), the rights and rem­ (1), shall be removable to the Federal dis­ We held a hearing on July 24 of this edies provided by this title shall be in addi­ trict court for the district in which the ac­ year in the Securities Subcommittee, tion to any and all other rights and remedies tion is pending, and shall be subject to para­ which I chair, to gauge whether or not that may exist at law or in equity. graph (1). 21356 CONGRESSIONAL RECORD-SENATE October 7, 1997 " (3) DEFINITIONS.- For purposes of this sub­ see that many of the reforms are work­ Now, reasonable people, of course, section the following definitions shall apply: ing well and that aggrieved investors may disagree with the magnitude of " (A) CLASS ACTION.- The term 'class ac­ tion' means any single lawsuit, or any group still have access to the courthouse. the State litigation problem as it ex­ of lawsuits filed in or pending in the same However, there is one development ists today. I would be first to admit court involving common questions of law or since the enactment of the reform law that as well. I do not want to suggest fact, in which- that has the potential to undermine to my colleagues that we have some " (i) damages are sought on behalf of more our good work and send us back to the overwhelming problem on our hands. than 25 persons; days of litigation frenzy. But whether you believe that it is a " (ii) one or more named parties seek to re­ This development is the significant small, medium, or even large problem cover damages on a representative basis on increase in securities fraud class ac­ behalf of themselves and other unnamed par­ today, as some do, it is a less impor­ ties similarly situated; or tions filed in State court. tant question, in my view, than wheth­ "(iii) one or more of the parties seeking to Prior to congressional enactment of er you believe it is a problem that is recover damages did not personally author­ the reform law in 1995, securities fraud destined to get worse. I think on that ize the filing of the lawsuit. class actions in State court were al­ everyone can agree. " (B) COVERED SECURITY.- A security is a most unheard of. People went to the Again, I think the Securities and Ex­ 'covered security' if it satisfies the standard Federal courts. change Commission survey is instruc­ for a covered security specified in paragraph But since we reformed the Federal (1) or (2) of section 18(b) of the Securities Act tive on this point. I quote from the re­ system, there has been substantial in­ port. of 1933, at the time during which it is alleged creases in State court filings both in that the misrepresentation, ommission, or . . . if State law provides advantages to manipulative or deceptive conduct oc­ 1996 and 1997. plaintiffs in particular case, it is reasonable curred." . It is not unreasonable to assume that to expect that plaintiffs' counsel will file (c) APPLICABILI'l'Y.- The amendments made it is the weaker, even abusive claims, suit in State court. that are now finding a home in State by this section shall not affect or apply to The plain English translation: any any action commenced before and pending court that they no longer have in Fed­ on the date of enactment of this Act. eral court. plaintiffs' attorney worth his salt is Mr. DODD. Mr. President, I am very The development of differing stand­ going to file in State court if he feels it pleased this afternoon to rise along ards in State courts is troubling not will give him an advantage. with my colleague, Senator GRAMM of only to this Senator, but also to the SEC Commissioner Steve Wallman Texas, who spoke a few moments ago, President. In a letter the President succinctly outlined the harm that the on a bill that the two of us are intro­ sent to me on this subject in July, he proliferation of State class actions is ducing together. I regret that I wasn't stated: having on securities system when he on the floor at the time he made his re­ The possibility of change in one or more said that "this phenomenon is clearly marks. But I appreciate very much his States' securities laws similar to those pro­ balkanizing the Federal securities leadership on this issue. posed [last year] in California's Proposition laws." We are introducing a bill called the 211 suggests that there may be a need to re­ In testimony submitted to the Secu­ consider the appropriate balance of Federal rities Subcommittee in July, Commis­ Securities Litigation Uniform Stand­ and State roles in securities law. As I said ards Act of 1997. sioner Wallman also pointed out that when I opposed Proposition 211 last August, the debate over establishing a national Just about 2 years ago, I stood here the proliferation of multiple and incon­ as part of a successful effort to restore sistent standards could undermine national standard for 1i tigation on national se­ the integrity and fairness of our pri­ law. curities is one that should take place, vate securities litigation system. In April, the Securities and Exchange even if there was no burgeoning prob­ It's probably appropriate at this Commission conducted a survey for the lem on the State level: juncture to remind ourselves just how President, on the effect of the reform The issue of pre-emption is broader than important the private litigation sys­ act; one of the survey's conclusions the potential effectiveness of the reform act, tem has been in maintaining the integ­ even though the reform act's effectiveness was: may be the current catalyst for raising the rity of our capital markets. To the extent that State courts can be matter. It is highly questionable whether our used to avoid the discovery stay in cases Rather than permit or foster fragmenta­ markets would be as deep, as liquid, as that would otherwise have been brought in tion of our national system of securities liti­ strong, as transparent, were it not for Federal court, one of the goals of the reform gation, we should give due consideration to our system of maintaining private act may be frustrated. the benefits flowing to investors from a uni­ rights of action against those who com­ This migration of frivolous class ac­ form national approach. That analysis can mit fraud. tions to State court threatens the ef­ be pursued, and conclusions reached, regard­ It is precisely because of the impor­ fectiveness of the reform act. less of whether one believes we now know­ tance of this system, that the depths to Not only is it reasonable to assume or will, within any reasonable time frame, which it had sunk by 1995 was so very that more and more companies could know-the definitive impact of the reform troubling. become hostage to increased State liti­ act. The system was no longer a mecha­ gation costs, but the prospect of State The idea of creating a national stand­ nism for aggrieved investors to seek litigation, where there is no safe har­ ard for nationally traded securities is justice and restitution, but was instead bor for forward-looking statements, is consistent with the recent trend in a means for enterprising attorneys to right now having a chilling effect upon Congress, the SEC, and in the States manipulate its procedures for their corporate disclosure of projections and themselves, to redefine the relation­ own considerable profit and to the det­ other forward-looking information. ship between the States and the Fed­ riment of legitimate companies and in­ Let me just as an aside state how im­ eral Government on securities issues. vestors across the Nation. portant it is for prospective investors SEC Chairman Arthur Levitt, in dis­ I could easily spend all of my time to get as much disclosure from compa­ cussing securities regulation, provided today recounting the cases of abusive nies as they possibly can so that they a perspective that should guide our de­ and frivolous litigation that were hin­ can make intelligent decisions about bate over securities litigation: dering our growth industries; suffice to whether to invest their hard-earned The current system of dual Federal-State say that the flaws in the litigation sys­ dollars in these companies. Mr. Presi­ reg·ulation is not the system that Congress­ tem not only threatened the viability dent, this is a question of getting as or the Commission-would create today if we much information, as I said, from com­ were designing a new system. While securi­ of private rights of action, but also pre­ ties markets today are global, issuers and se­ sented a serious threat to the growth panies. What we had in the Federal law curities firms must stlll [comply with) 52 and success of key industries across was, of course, a safe harbor to allow separate jurisdictions. . . . It appears that the Nation. for statements to be made that could an appropriate balance can be attained in Now that we are 2 years out from en­ then not be used against the corpora­ the Federal-State arena that better allocates actment of the reform bill, it is easy to tion in some frivolous lawsuit. responsibilities, reduces compliance costs October 7, 1997 CONGRESSIONAL RECORD-SENATE 21357 and facilitates capital formation, while con­ is the undisputed leader in the finan­ 8 years of teaching experience. Jon, tinuing to provide for the protection of in­ cial services industry. who has 10 years of teaching experi­ vestors. But if we are to remain the global ence, teaches social studies to seventh The point is if we are beginning de leader, if our markets are to remain and eighth grade students at Wright novo you wouldn't set up this situa­ ahead of those in London, Frankfurt, Middle School in Nashville, TN. I am tion. Obviously, we are not going to Tokyo or Hong Kong, we must create delighted to have both of these out­ scrap it all. But we ought to try to re­ uniformity and certainty. standing teachers here with us today. form it in a way that reflects the way How can we expect to get foreign We must encourage and enable more we are today. companies to list on our exchanges if students to follow in Cathy and Jon's The principle of national treatment we have to explain that they will face footsteps. for national securities trading on na­ not only our very tough Federal stand­ In addition to what I heard in Ten­ tional exchanges is as solid for legisla­ ards on securities fraud, but also the nessee about the need for qualified tion on securities litigation as it was possibility of 50 constantly changing teachers, recent statistics highlight for securities regulation. State standards. the need for a strong teaching force The legislation that we are intro­ That's not a reasonable proposition across the Nation. Elementary and sec­ ducing today, if enacted, will allow for a foreign company, or even for an ondary school enrollments are expected Congress to address this State litiga­ American one. to reach an all-time high this fall-52.2 tion probl em before it gets completely This legislation will create certainty million students. Approximately 2 mil­ out of control. and establish uniformity without im­ lion more teachers will be needed for It will do so in a very targeted and pinging on the traditional and impor­ narrow way, essentially preempting the next decade. tant role that States play in combating The Teacher Investment Act, which I only those class actions that have re­ fraud. cently migrated to State court, while am introducing today, would allow I urge my colleagues to cosponsor State education agencies to award leaving traditional State court actions this bill and I look forward to return­ and procedures solidly in place. scholarships to students who are study­ ing to the floor soon to see this bill ing to become elementary and sec­ First, the legislation applies only to pass the Senate. class actions, which are defined as ondary school teachers. These scholar­ Senator GRAMM of Texas and I feel ships would not need to be repaid pro­ those actions in which damages are that this is a solid piece of legislation. sought on behalf of more than 25 peo­ vided the students meet certain cri­ Again, the problem is not totally out of teria. ple, one or more parties seek damages hand yet. The trend lines are clear. We on behalf of other unnamed parties, or Specifically, scholarships may go to are not infringing upon State courts or both undergraduate and graduate stu­ one or more of the parties did not per­ State regulators and State traded secu­ sonally authorize the suit. dents who are committed to becoming Actions involving less than 25 people rities but only nationally traded secu­ teachers. In addition, the individual would not be affected. rities on the three national markets. must have demonstrated outstanding Second the legislation is limited only So we end up with a national stand­ academic achievement in college and to those securities that are listed on ard which is what we intended when we must commit to teaching for 2 years in one of the three national stock ex­ passed the Reform Act of 2 years ago. an elementary or secondary school. changes-the New York, American, and With that; Mr. President, I again Quite simply, we need more Cathy's NASDAQ stock market. Our legislation thank my colleagues for their patience. and Jon's. One way to achieve this goal uses the definition of "covered secu­ I urge them to take a good look at the is to invest resources to prepare a new rity" that was used to preempt State piece of legislation which Senator generation of teachers. In return, the regulation in last year's National Secu­ GRAMM of Texas and I have introduced, scholarship recipients must invest at rities Markets Improvement Act. and urge them to cosponsor the bill least 2 years in the teaching field. The The legislation does not affect any and join us in passing this legislation. Teacher Investment Act makes a seri­ ous commitment to both our future State enforcement action, whether By Mr. FRIST: civil or criminal. State regulators re­ S. 1261. A bill to establish the Edu­ teachers and students. However, as we tain their full authority to bring en­ discuss our future teachers, I, again, cation Scholars Block Grant Program; would like to highlight the important forcement actions in any venue allowed to the Committee on Labor and Human under State law. achievements and contributions of two In fact, the California Securities Resources. of today's teachers- Jon Hubble and Regulator testified very strongly in THE TEACHER INVESTMENT ACT Cathy Pihl, who represent Tennessee's support of establishing uniform na­ Mr. FRIST. Mr. President, I recently teachers so well. tional litigation standards for nation­ had the opportunity to hold forums on There being no objection, the bill was ally traded securities. education across my home State of ordered to be printed in the RECORD, as Let me again emphasize what this Tennessee. I traveled to Nashville, follows: bill does not do: it does not affect indi­ Memphis, and Knoxville to listen to a s. 1261 variety of people with expertise in edu­ vidual actions in State court; it does Be it enacted by the Senate and House of Rep­ not protect penny stocks, delisted se­ cational issues, such as teachers, stu­ resentatives of the United States of America in curities, roll-ups, or securities sold dents, principals, and school board Congress assembled, only within a single State; it does not members. These events were a wonder­ SECTION 1. EDUCATION SCHOLARS BLOCK protect bad brokers or investment ad­ ful opportunity for me to listen. While GRANT PROGRAM. visors; it does not impact on State reg­ a variety of educational issues were ex­ Part A of title IV of the Higher Education ulators. plored at each of the forums, the need Act of 1965 (20 U.S.C. 1070 et seq.) is amended This legislation has been carefully for an ample, qualified teaching force by adding at the end the following: crafted only to affect those types of was a predominant theme at each "Subpart 9-Education Scholars Block Grant class actions that are appropriately forum. Program heard on the Federal level. I would like to note that Tennessee's "SEC. 420G. SHORT TITLE; PURPOSE; AUmORIZA· To the extent that there are tech­ 1997 Teacher of the Year, Ms. Cathy TION OF APPROPRIATIONS. nical modifications needed to ensure Pihl, was both present at the Memphis "(a) SHORT TITLE.- This subpart may be forum on education and is here with us cited as the 'Teacher Investment Act'. that no other State actions are im­ "(b) PURPOSE.-It is the purpose of this pacted, I certainly pledge that we will today. I am also pleased that Mr. Jon subpart- make those changes to keep the bill f o­ Hubble, Tennessee's 1997 Teacher of the "(1) to attract more of our Nation's most cused only on the pro bl em area. Year finalist, is also here. Cathy is a academically gifted students into teaching Mr. President, our capital markets fourth grade teacher at Kate Bond Ele­ careers in elementary and secondary edu­ are the envy of the world and America mentary School in Memphis, TN, with cation; 21358 CONGRESSIONAL RECORD-SENATE October 7, 1997 " (2) to retain in teaching our Nation's best moderate-income families have access to the such scholarship assistance received, plus in­ teachers who have demonstrated promise in, information regarding the opportunity for terest, at the rate of 8 percent or the rate ap­ and a commitment to, a teaching career; full participation in the program; and plicable to loans in the applicable period ''(3) to increase the public status of a " (4) the State educational agency will pay under part B of this title, whichever is lower, teaching career in elementary and secondary to each individual in the State who is award­ and where applicable, reasonable collection education; ed a scholarship the cost of tuition and fees fees, on a schedule to be prescribed by the " (4) to address the anticipated shortage of at an institution of higher education for a Secretary pursuant to regulations promul­ teachers in the next several decades; and year, except that such payment shall not ex­ gated under this subpart. " (5) to provide States with the flexibility ceed $5,000. "SEC. 420N. EXCEPTIONS TO REPAYMENT PROVI· to integrate State teacher education initia­ "SEC. 420K. SELECTION OF EDUCATION SCHOL· SIONS. tives with Federal teacher scholarship sup­ ARS. " (a) DEFERRAL DURING CERTAIN PERIODS.­ port. " (a) ESTABLISHMENT OF CRITERIA .-The A scholarship recipient shall not be consid­ " (c) AUTHORIZATION OF APPROPRIATIONS.­ State educational agency shall establish the ered in violation of the agreement entered There are authorized to be appropriated to criteria for selection of scholars. Such cri­ into pursuant to section 420M(a) during any carry out this subpart such sums as may be teria shall- period in which the recipient- necessary for fiscal year 1998 and each of the " (1) fulfill the purpose of the subpart in ac­ ''(!) is pursuing a full-time course of study 4 succeeding fiscal years. cordance with a State's projected elemen­ related to the field of teaching at an institu­ "SEC. 420H. SCHOLARSHIP AUTHORIZED. tary school and secondary school teaching tion of higher education; "(a) PROGRAM AUTHORITY.-The Secretary needs and priori ties; and "(2) is serving, not in excess of 3 years, as may award grants to States from allotments "(2) require a scholarship recipient to have a member of the Armed Forces; under section 4201 to enable the States to demonstrated outstanding academic achieve­ " (3) is temporarily totally disabled for a provide scholarships to individuals who- ment and a commitment to a teaching ca­ period of time not to exceed 3 years as estab­ " (l)(A) have completed at least half of the reer, as determined by the State educational lished by the sworn affidavit of a qualified academic credit requirements for graduation agency. phy·sician; from an institution of higher education with " (b) LIMITATIONS.- ln awarding scholar­ " (4) is unable to secure employment for a a bachelor's degree, or with a graduate de­ ships under this subpart, the State edu­ period not to exceed 12 months by reason of gree that prepares the individual for licen­ cational agency shall provide- the care required by a spouse who is dis­ sure or certification as an elementary school (1) not less than 75 percent of the scholar­ abled; or secondary school teacher; ships to individuals who do not possess a " (5) is seeking and unable to find full-time "(2) are admitted to or enrolled in an insti­ bachelor's degree; and employment for a single period not to exceed tution of higher education; (2) not more than 25 percent of the scholar­ 12 months; or " (3) have demonstrated outstanding aca­ ships to individuals who are pursuing a grad­ "(6) satisfies the provisions of additional demic achievement while enrolled in an in­ uate degree. repayment exceptions that may be pre­ stitution of higher education; and " (c) CONSULTATION REQUIREMENT.-ln car­ scribed by the Secretary in regulations pro­ "(4) are committed to becoming or remain­ rying out this subpart, the State educational mulgated under this subpart. ing elementary school or secondary school agency shall consult with school administra­ "(b) FORGIVENESS IF PERMANENTLY TO­ teachers. tors, school boards, tea:chers, and counselors. TALLY DISABLED.- A recipient shall be ex­ " (b) PERIOD OF AWARD.-A State shall de­ "SEC. 420L. AWARD AMOUNT; SCHOLARSHIP CON· cused from repayment of any scholarship as­ termine the scholarship period, except that a DITIONS. sistance received under this subpart if the scholarship recipient shall not receive a " (a) AWARD AMOUNT.-Each individual recipient becomes permanently and totally scholarship award for more than 2 years of awarded a scholarship under this subpart disabled as established by the sworn affidavit study at any institution of higher education. shall receive an award for the cost of tuition of a qualified physician. "SEC. 4201. ALLOTMENT AMONG STATES. and fees at an institution of higher edu­ "SEC. 4200. CONSTRUCTION OF NEEDS PROVI· "(a) ALLOCATION FORMULA.- From the cation of not more than $5,000 for an aca­ SIONS. sums appropriated pursuant to the authority demic year of study. "Except as provided in section 471 , nothing of section 420G(c) for any fiscal year, the " (b) CONDITIONS.- Each State educational in this subpart, or any other Act, shall be Secretary shall allot to each State that has agency receiving a grant under this subpart construed to permit the receipt of a scholar­ an agreement under section 420J an amount shall establish procedures to ensure that ship under this subpart to be counted for any equal to $5,000 multiplied by the number of each scholarship recipient- needs analysis in connection with the award­ scholarships determined by the Secretary to " (!)pursues a course of study at an institu­ ing of any grant or the making of any loan be available to such State in accordance tion of higher education; under this Act or any other provision of Fed­ with subsection (b). " (2) maintains a 3.0 grade point average on eral law relating to education assistance.". "(b) NUMBER OF SCHOLARSHIPS AVAIL­ a 4.0 scale; and ABLE .-The number of scholarships to be "(3) enters into an agreement to teach in By Mr. FAIRCLOTH: made available in a State for any fiscal year accordance with section 420M(a). S. 1262. A bill to authorize the con­ shall bear the same ratio to the number of "SEC. 420M. SCHOLARSHIP AGREEMENT; REPAY· veyance of the Coast Guard station, scholarships made available to all States as MENT PROVISIONS. Ocracoke, NC; to the Committee on the State's population ages 5 through 17 " (a) SCHOLARSHIP AGREEMENT.- Each re­ Commerce, Science, and Transpor­ bears to the population ages 5 through 17 in cipient of a scholarship under this subpart tation. all the States, except that not less than 10 shall enter into an agreement with the State CONVEYANCE AUTHORIZATION LEGISLATION scholarships shall be made available to any educational agency under which the recipi­ State. ent shall- Mr. FAIRCLOTH. Mr. President, I am " (c) USE OF CENSUS DATA.-For the purpose " (1) within the 2-year period after com­ introducing this bill today to authorize of this section, the population ages 5 through pleting the education for which the scholar­ the Department of Transportation to 17 in a State and in all the States shall be ship was awarded, teach for a period of 2 convey the Coast Guard station, determined by the most recently available years as an elementary school or secondary Ocracoke, NC, to the State of North data from the Bureau of the Census that the school teacher in the State served by the Carolina, when the Coast Guard deter­ Secretary determines is satisfactory. State educational agency; mines that it no longer needs to keep "SEC. 420J. STATE AGREEMENTS. " (2) provide the State educational agency the facility. "The Secretary shall enter into an agree­ with evidence of compliance, determined This station is located on the south­ ment with each State desiring to participate pursuant to regulations promulgated by the in the scholarship program under this sub­ Secretary, with the provisions of paragraph ern end of Ocracoke Island, adjacent to part. Each such agreement shall include pro­ (1); and the wharf where the ferries to and from visions to ensure that- " (3) repay all or part of the scholarship Swan Quarter and Cedar Island dock. It " (l) the State educational agency will ad­ award received in accordance with sub­ is vital that these limited ferry facili­ minister the program in the State; section (b) in the event the conditions of ties are expanded to meet the ever­ "(2) the State educational agency will paragraph (1) are not complied with, except growing demands of more and more comply with the provisions of this subpart; as provided by section 420N. traffic, and this Coast Guard station is " (3) the State educational agency will con­ " (b) REPAYMENT PROVISIONS.-A recipient ideal for this purpose. Since the port at duct outreach activities to publicize the of a scholarship found by the State edu­ availability of the scholarships to all eligible cational agency to be in noncompliance with Ocracoke is the southern termination postsecondary students in the State, with the agreement entered into under subsection of State highway 12 on the Outer particular emphasis on activities designed to (a) shall be required to repay to the State Banks, these ferries are the only way ensure that students from low-income and educational agency a pro rata amount of to get residents and tourists across October 7, 1997 CONGRESSIONAL RECORD-SENATE . 21359 Pamlico Sound in the event of the need conveyed under subsection (a), and any ease­ controversy about the NAEP tests we to evacuate when hurricanes threaten. ments or rights of way granted under sub­ are planning to use as models for the section (b)(l), shall be determined by a sur­ new ones-after all, pretty much every­ The only other way off this stretch of vey satisfactory to the Secretary. The cost the Outer Banks is the bridge at Roa­ of the survey shall be borne by the State. one can agree on what we expect our noke Island, which is more . than 75 (e) ADDITIONAL TERMS AND CONDITIONS.­ children to know about reading and miles to the north of Ocracoke. The Secretary may require such additional math at fourth and eighth grade. The State also plans to use this sur­ terms and conditions with respect to the There is not much that's controver­ plus Coast Guard facility for edu­ conveyance under subsection (a), and any sial about reading a paragraph from cational purposes. While the ferry divi­ easements or rights of way granted under Charlotte's Web, or figuring out a word sion has a need for the grounds and a subsection (b)(l), as the Secretary considers appropriate to protect the interests of the problem in math. portion of the station buildings, the re­ United States. The benefits of a voluntary national maining spaces can be used for coastal test are clear to the parents and teach­ environmental study. Of course the By Mr. BINGAMAN: ers who are most determined to see Coast Guard will continue to have ac­ S. 1263. A bill to establish require­ better schools for their children. cess to the docking facilities to any ex­ ments regarding national tests in read­ Let us allow State and local commu­ tent needed. ing and mathematics; to the Com­ nities to decide for themselves, rather Mr. President, with the safety of the mittee on Labor and Human Resources. than making the decision for them residents and of all our guests that THE VOLUNTARY NATIONAL TESTING ACT OF 1997 here in Washington. visit the Outer Banks uppermost in my Mr. BINGAMAN. Madam President, Right now, many States currently mind, I urge timely consideration and today as the House-Senate conferees offer tests and some are quite good­ passage of this bill. are scheduled to meet again, I am in­ Mr. President, I ask unanimous con­ but they have no common standard and troducing the Voluntary National many mislead parents into thinking sent that the text of the bill be printed Testing Act of 1997 for two main rea­ in the RECORD. their children are doing better than sons: to clarify many of the misconcep­ they actually are. There being no objection, the bill was tions that have arisen since the Senate ordered to be printed in the RECORD, as voted in favor of this approach, and­ Under the new approach, many stu­ follows: to counter the mistaken impression dents would struggle and even fail at s. 1262 that support for voluntary national first, it's true. But, through the com­ Be it enacted by the Senate and House of Rep­ testing has eroded in recent weeks. bined efforts of their teachers, parents, resentatives of the United States of America in This legislation simply makes per­ and community leaders, far more than Congress assembled, manent the compromise approach that anyone expected beforehand would SECTION 1. LAND CONVEYANCE, COAST GUARD was approved overwhelmingly by the eventually succeed- it's happening in STATION OCRACOKE, NORTH CARO· Milwaukee and Philadelphia already. LINA Senate last month. (a) AUTHORITY TO CONVEY.-The Secretary While the Senate amendment gave The voluntary national tests are of Transportation may convey, without con­ NAGB, the governing board, authority about setting high expectations for all sideration, to the State of North Carolina (in for only fiscal year 1998, this legisla­ children, measuring progress in a way this section referred to as the " State"), all tion would provide permanent author­ that's widely accepted, and demanding right, title, and interest of the United States ity. accountability for improvements that in and to a parcel of real property, together Otherwise, the language is identical we all know are needed. They are not with any improvements thereon, in to that amendment: it prevents .anyone about treating minorities unfairly or Ocracoke, North Carolina, consisting of such from being forced to take the test or usurping local and parental control portion of the Coast Guard Station· Ocracoke, North Carolina, as the Secretary attach any funding conditions on the over what is taught in school, which I considers appropriate for purposes of the test; transfers control immediately to would never support. conveyance. the independent board, which will have With a common measure of progress (b) CONDITIONS.-The conveyance under full power to change any elements it it becomes increasingly possible to win subsection (a) shall be subject to the fol­ deems necessary; and charges the board additional financial support so des­ lowing conditions: with revisiting key issues that have perately needed-it is a necessary step. (1) That the State accept the property to arisen so far, such as whether students be conveyed under that subsection subject to Voluntary national tests would provide such easements or rights of way in favor ·of should use calculators or whether there parents new insight so they could push the United States as the Secretary considers should be a test in a student's native hard for improvements in our public to be appropriate for- language if needed. schools that might otherwise not (A) utilities; Contrary to what some may think, occur. (B) access to and from the property; there are many signs that support for Support in the Senate remains sol­ (C) the use of the boat launching ramp on voluntary national tests remains the property; and idly in favor of the compromise ap­ (D) the use of pier space on the property by strong despite scare tactics and " edu­ proach to developing a voluntary na­ search and rescue assets. cation-ese" being used by its oppo­ tional test. (2) That the State maintain the property nents. Faced with a choice between banning in a manner so as to preserve the usefulness Public opinion- as well as the views the tests and transferring control to an of the easements or rights of way referred to of almost every mainstream education independent board, 87 Senators less in paragraph (1). and business organization in the coun­ (3) That the State utilize the property for try-remains strongly in favor of mak­ than a month ago voted in favor of de­ transportation, education, environmental, or ing rigorous, standard measures of stu­ veloping the tests under the governing other public purposes. board. (C) REVERSION.-(!) If the Secretary deter­ dent achievement available. The most recent polls show that two­ I recently worked with 43 Senators to mines at any time that the property con­ sign a very strong letter pledging to veyed under subsection (a) is not be used in thirds of the public favor the Presi­ accordance with subsection (b), all right, dent's proposal-even more are in favor filibuster the conference report if it title, and interest in and to the property, in­ of the general approach that is in this banned development of the tests before cluding any improvements thereon, shall re­ bill. States or districts could decide. This vert to the United States, and the United Though two districts have decided support overwhelms the opposition of a States shall have the right of immediate not to administer the reading exam, all small part of the Senate, led by Sen­ entry thereon. 15 original districts are still planning ator ASHCROFT. (2) Upon reversion under paragraph (1), the If necessary, this is more than property shall be under the administrative to administer at least the math test jurisdiction of the Administrator of General and all 7 States that have signed up re­ enough to block consideration of the Services. main on board for both exams. confere nee report or support a Presi­ (d) DESCRIPTION OF PROPERTY.-The exact Contrary to what is being said, I do dential veto- regardless of how the acreage and legal description of the property not think there has been any major House votes. ------~------. .. . . '" . . ..,

21360 CONGRESSIONAL RECORD-SENATE October 7, 1997 By Mr. HARKIN (for himself, Mr. To be sure, we cannot guarantee that SEC. 2. FOOD SAFETY ENFORCEMENT FOR MEAT the new enforcement powers in this AND MEAT FOOD PRODUCTS. DASCHLE , Mr. LEAHY, and Mr. (a) IN GENERAL.-The Federal Meat Inspec­ JOHNSON): legislation would have prevented the tion Act (21 U.S.C. 601 et seq.) is amended­ S. l264. A bill to amend the Federal Hudson recall from occurring or that (1) by redesignating section 411 (21 U.S.C. Meat Inspection Act and the Poultry they will prevent future outbreaks. But 681) as section 414; and Products Inspection Act to provide for mandatory reporting of adulterated (2) by inserting after section 410 (21 U.S.C. improved public health and food safety meat and mandatory recall authority 679a) the following: through enhanced enforcement; to the just makes good sense. With these pow­ "SEC. 411. NOTIFICATION, NONDISTRIBUTION, ers, the USDA will be able to respond AND RECALL OF ADULTERATED OR Committee on Agriculture, Nutrition, MISBRANDED ART;ICLES. and Forestry. more quickly to ensure public safety "(a) NOTIFICATION.- A person (other than a THE FOOD SAFETY ENFORCEMENT ENHANCEMENT and consumer confidence. household consumer) that has reason to be­ ACT OF 1997 I view this bill, however, as only the lieve that a carcass, part of a carcass, meat, Mr. HARKIN. Mr. President, today, I beginning of a process to identify needs or meat food product of cattle, sheep, swine, along with Senators LEAHY, DASCHLE, in the meat and poultry food chain goats, horses, mules, or other equines (re­ and JOHNSON will introduce legislation that can lead to enhanced public safe­ ferred to in this section as an 'article') trans­ ty. All sectors of the food system, from ported, stored, distributed, or otherwise han­ to enhance the enforcement of our Na­ dled by the person is adulterated or mis­ tion's meat and poultry inspection the producer to the consumer need to take responsibility for improved safe­ branded shall immediately notify the Sec­ laws and preserve consumer confidence retary, in such manner and by such means as in the safety of the food they eat. Ear­ ty. Real food safety cannot be achieved the Secretary may by regulation promul­ lier this year, Americans were stunned by any one method. We need multiple gate, of the identity and location of the arti­ by the recall of 25 million pounds of defenses, using each to their maximum cle. potential. To lower the incidence of "(b) NONDISTRIBUTION AND RECALL.- hamburger. They were further amazed "(l) VOLUNTARY ACTIONS.- On receiving the when they learned that the Secretary food-borne illness we must take a num­ ber of steps: Additional research into notification under subsection (a) or other­ of Agriculture does not have the au­ the way that food-borne pathogens in­ wise, if the Secretary finds that an article is thority to demand a recall of adulter­ fect animals, remain in the meat prod­ adulterated or misbranded and that there is ated product. He does not even have ucts and cause illness in humans; in­ a reasonable probability that human con­ the authority to impose civil fine on a sumption of the article would present a creased research into treatments of threat to public health, as determined by the company which knowingly or repeat­ food-borne illnesses; improved identi­ edly violates food safety laws. Secretary, the Secretary shall provide all ap­ fication and regulation of hazard propriate persons, as determined by the Sec­ Given the recent number of E. coli points in the production and processing retary, that transported, stored, distributed, outbreaks across the country, Ameri­ processes; electronic pasteurization as or otherwise handled the article with an op­ cans are demanding that we do more to a means of actually reducing pathogens portunity to- prevent food-borne contamination and in meat and poultry products; and con­ "(A) cease distribution of the article; to stop it in its tracks once an out­ sumer education on the proper han­ "(B) notify all persons transporting, stor­ break has been identified. Farmers and dling and preparation of meat to re­ ing, distributing, or otherwise handling the ranchers expect us to do more to pro­ duce the risk of illness. article, or to which the article has been tect consumer confidence in the prod­ We are currently making progress to­ transported, sold, distributed, or otherwise ucts from which they make their hard­ handled, to immediately cease distribution ward improving food safety. The new of the article; earned living. Hazard Analysis Critical Control "(C) recall the article; and This legislation I am introducing, Points [HACCPJ meat inspection sys­ "(D) in consultation with the Secretary, which has been developed in coopera­ tem will begin to go into effect in 1998. provide notice to consumers to whom the ar­ tion with the Secretary of Agriculture, This new science-based inspection sys­ ticle is, or may have been, distributed. will give the USDA important new tem will specifically target E. coli and "(2) MANDATORY ACTIONS.-If the person re­ tools to enforce our food safety laws. salmonella in the meat processing sys­ fuses to or does not voluntarily take the ac­ The legislation would require proc­ tem and is designed to prevent, not tions described in paragraph (1) with respect essors and handlers to notify the USDA just identify contamination. We need to an article within the time and in the man­ ner prescribed by the Secretary, the Sec­ of the existence of adulterated meat to get this system in place and inspec­ retary shall, by order, require the person to and poultry products, allow the Sec­ tors trained as fast and thoroughly as immediately- retary to recall adulterated products, possible. "(A) cease distribution of the article; and and give him the ability to levy civil Clearly we need to do more. The "(B) notify all persons transporting, stor­ penalties. events of the past few months under­ ing, distributing, or otherwise handling the Currently USDA is limited to the score that need. We cannot sit around article, or to which the article has been atomic bomb of food safety tools. The and wait until the next fatal food-safe­ transported, sold, distributed, or otherwise Secretary can request a recall of prod­ ty scare. We have to act proactively handled, to immediately cease distribution uct which is suspected to be tainted, and decisively. All sectors of agricul­ of the article. withdraw inspection from a processing tural economy have a stake in ensuring "(3) NOTICE TO CONSUMERS.-The Secretary food safety, from the producer to the shall, as the Secretary considers necessary, plant, and issue press releases alerting provide notice to consumers to whom the ar­ consumers. In the case of Hudson, a consumer. I will work closely with con­ ticle was, or may have been, distributed. company went out of business, several sumer advocates, producers and indus­ "(4) NONDISTRIBUTION BY NOTIFIED PER­ people were hospitalized and consumer try to develop a comprehensive pack­ SONS.-A person transporting, storing, dis­ confidence in beef products was shak­ age of legislation that will raise the tributing, or otherwise handling the article, en. Clearly we need other tools for the standar.d of food safety in this country. or to which the article has been transported, USDA to address food safety concerns I believe this bill is a good starting sold, distributed, or otherwise handled, that is notified under paragraph (l)(B) or (2)(B) short of such extreme measures. point. I ask unanimous consent that the bill shall immediately cease distribution of the The Secretary already has civil pen­ article. alty authority under 11 other statutes. be printed in the RECORD. There being· no objection, the bill was "(c) INFORMAL HEARING ON 0RDER.- He can issue civil penal ties for the "(l) IN GENERAL .- The Secretary shall pro­ abuse of a circus elephant, but not for ordered to be printed in the RECORD, as vide a person subject to an order under sub­ the shipment of adulterated meat. In follows: section (b) with an opportunity for an infor­ addition, 68 percent of States with s. 1264 mal hearing (pursuant to such rules or regu­ State meat inspection systems have Be it enacted by the Senate and House of Rep­ lations as the Secretary shall prescribe) on resentatives of the United States of America in the actions required by the order and on why civil penalty authority. The number of Congress assembled, the article that is the subject of the order states with mandatory E. coli 0157:H7 SECTION 1. SHORT TITLE. should not be recalled. reporting requirements has more than This Act may be cited as the "Food Safety "(2) TIMING.- The Secretary shall hold the doubled since 1992. Enforcement Enhancement Act of 1997". informal hearing as soon as practicable, but October 7, 1997 CONGRESSIONAL RECORD-SENATE 21361 not later than 2 days, after the issuance of "(d) ADDITIONAL REMEDIES.- The remedies (b) CONFORMING AMENDMENTS.- the order. provided in this section shall be in addition (1) Section 1 of the Federal Meat Inspec­ "(d) RECALL OR OTHER ACTIONS.- to any other remedies that may be available. tion Act (21 U.S.C. 601) is amended by adding "(1) IN GENERAL.-If, after providing an op­ "SEC. 413. CIVIL PENALTIES. at the end the following: portunity for an informal hearing under sub­ "(a) IN GENERAL.- "(w) PERSON.-The term 'person' means section (c), the Secretary determines that "(1) ASSESSMENT.-The Secretary may as­ any individual, partnership, corporation, as­ there is a reasonable probability that human sess a civil penalty against a person that vio­ sociation, or other business unit.". consumption of the article that is the sub­ lates this Act (including a regulation pro­ (2) The Federal Meat Inspection Act (21 ject of an order under subsection (b) presents mulgated or order issued under this Act) of U.S.C. 601 et seq.) is amended- a threat to public health, the Secretary not more than $100,000 for each violation. (A) by striking "person, firm, or corpora­ may- "(2) SEPARATE OFFENSES.-Each violation tion" each place it appears and inserting "(A) amend the order to require recall of and each day during which a violation con­ "person"; the article or other appropriate action; tinues shall be a separate offense. (B) by striking "persons, firms, and cor­ "(B) specify a timetable during which the "(3) NOTICE AND OPPORTUNITY FOR HEAR­ porations" each place it appears and insert­ recall will occur; ING.- The Secretary shall not assess a civil ing "persons"; and "(C) require periodic reports to the Sec­ penalty under this section against a person (C) by striking "persons, firms, or corpora­ retary describing the progress of the recall; unless the person is given notice and oppor­ tions" each place it appears and inserting and tunity for a hearing on the record before the " persons". "(D) provide notice to consumers to whom Secretary in accordance with sections 554 SEC. 3. FOOD SAFETY ENFORCEMENT FOR POUL­ the article is, or may have been, distributed. and 556 of title 5, United States Code. TRY AND POULTRY FOOD PROD­ "(2) VACATION OF ORDER.-If, after pro­ "(4) AMOUNT.-The amount of a civil pen­ UCTS. viding an opportunity for an informal hear­ alty under this section shall be- The Poultry Products Inspection Act (21 ing under subsection (c), the Secretary deter­ "(A) assessed by the Secretary by written U.S.C. 451 et seq.) is amended- mines that adequate grounds do not exist to order, taking into account- (1) in the first sentence of section 5(c)(l) (21 continue the actions required by the order, "(i) the gravity of the violation; U.S.C. 454(c)(l))- the Secretary shall vacate the order. "(ii) the degree of culpability; (A) by striking ' ', by thirty days prior to "(e) ADDITIONAL REMEDIES.-The remedies " (iii) the size and type of the business; and the expiration of two years after enactment provided in this section shall be in addition "(iv) any history of prior offenses under of the Wholesome Poultry Products Act,"; to any other remedies that may be available. this Act; and and "SEC. 412. REFUSAL OR WITHDRAWAL OF INSPEC- "(B) reviewed only in accordance with sub­ (B) by striking "sections 1-4, &-10, and 12- TION OF ESTABLISHMENTS. section (b). 22 of this Act" and inserting "sections 1 "(a) IN GENERAL.-The Secretary may, for "(b) JUDICIAL REVIEW.- through 4, 6 through 10, 12 through 22, and 31 such period, or indefinitely, as the Secretary "(l) IN GENERAL.-An order assessing a through 33"; and considers necessary to carry out this Act, civil penalty against a person under sub­ (2) by adding at the end the following: refuse to provide or withdraw inspection section (a) shall be final and conclusive un- "SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND under title I with respect to an establish­ 1ess the person- RECALL OF ADULTERATED OR MIS­ ment if the Secretary determines, after op­ " (A) not later than 30 days after the effec­ BRANDED ARTICLES. portunity for a hearing on the record is pro­ tive date of the order, files a petition for ju­ "(a) NOTIFICATION.- A person (other than a vided to the applicant for, or recipient of, in­ dicial review in- household consumer) that has reason to be­ spection, that the applicant or recipient, or "(i) the United States court of appeals for any person responsibly connected with the lieve that any poultry or poultry product the circuit in which the person resides or has (referred to in this section as an 'article') applicant or recipient (within the meaning of its principal place of business; or section 401), has committed a willful viola­ transported, stored, distributed, or otherwise "(ii) the United States Court of Appeals for tion or repeated violations of this Act (in­ handled by the person is adulterated or mis­ cluding a regulation promulgated under this the District of Columbia; and branded shall immediately notify the Sec­ Act). "(B) simultaneously sends a copy of the pe­ retary, in such manner and by such means as "(b) DENIAL OR SUSPENSION OF INSPECTION tition by certified mail to the Secretary. the Secretary may by regulation promul­ PENDING HEARING.-The Secretary may deny "(2) RECORD.-The Secretary shall prompt­ gate, of the identity and location of the arti­ or suspend inspection under title I, pending ly file in the court a certified copy of the cle. opportunity for an expedited hearing, with record on which the violation was found and "(b) NONDISTRIBUTION AND RECALL.- respect to an action under subsection (a), if the civil penalty assessed. "(1) VOLUNTARY ACTIONS.-On receiving no­ the Secretary determines that the denial or "(c) COLLECTION ACTION FOR FAILURE TO tification under subsection (a) or otherwise, suspension is in the public interest to pro­ PAY ASSESSMENT.- if the Secretary finds that an article is adul­ tect the health or welfare of consumers or to "(!) REFERRAL TO ATTORNEY GENERAL.-If a terated or misbranded and that there is a ensure the effective performance of an offi­ person fails to pay a civil penalty after the reasonable probability that human consump­ cial duty under this Act. order assessing the civil penalty has become tion of the article would present a threat to "(C) JUDICIAL REVIEW.- final and unappealable, the Secretary shall public health, as determined by the Sec­ "(1) IN GENERAL.-A determination and refer the matter to the Attorney General. retary, the Secretary shall provide all appro­ order of the Secretary with respect to the re­ "(2) ACTION BY ATTORNEY GENERAL.-The priate persons, as determined by the Sec­ fusal or withdrawal of inspection under this Attorney General shall bring a civil action retary, that transported, stored, distributed, section shall be final and conclusive unless, to recover the amount of the civil penalty in or otherwise handled the article with an op­ not later than 30 days after the effective date United States district court. portunity to- of the order, the affected applicant for, or re­ "(3) SCOPE OF REVIEW.- In the collection " (A) cease distribution of the article; cipient of, inspection- action, the validity and appropriateness of "(B) notify all persons transporting, stor­ "(A) files a petition for judicial review of the order of the Secretary imposing the civil ing, distributing, or otherwise handling the the order; and penalty shall not be subject to review. article, or to which the article has been "(B) simultaneously sends a copy of the pe­ "(d) REFUSAL OR WITHDRAWAL OF INSPEC­ transported, sold, distributed, or otherwise tition by certified mail to the Secretary. TION PENDING PAYMENT.-If a person fails to handled, to immediately cease distribution " (2) REFUSAL OR WITHDRAWAL OF INSPEC­ pay the amount of a civil penalty after the of the article; TION PENDING REVIEW.- Inspection shall be order assessing the civil penalty becomes "(C) recall the article; and final and unappealable, the Secretary may refused or withdrawn as of the effective date refuse to provide or withdraw inspection " (D) in consultation with the Secretary, of the order pending any judicial review of under title I of the person until the civil pen­ provide notice to consumers to whom the ar­ the order unless the Secretary directs other­ alty is paid or until the Secretary directs ticle is, or may have been, distributed. wise. otherwise. "(2) MANDATORY ACTIONS.-If the person re­ "(3) VENUE; RECORD.-Judicial review of "(e) PENALTIES IN LIEU OF OTHER Ac­ fuses to or does not voluntarily take the ac­ the order shall be- TIONS.-Nothing in this Act requires the Sec­ tions described in paragraph (1) with respect "(A) in- retary to report for prosecution, or for the to an article within the time and in the man­ "(i) the United States court of appeals for institution of an action, a violation of this ner prescribed by the Secretary, the Sec­ the circuit in which the applicant for, or re­ Act if the Secretary believes that the public retary shall, by order, require the person to cipient of, inspection resides or has its prin­ interest will be adequately served by assess­ irnmediately- cipal place of business; or ment of a civil penalty. "(A) cease distribution of the article; and "(ii) the United States Court of Appeals for "(f) ADDITIONAL REMEDIES.-The remedies "(B) notify all persons transporting, stor­ the District of Columbia; and provided in this section shall be in addition ing, distributing, or otherwise handling the "(B) on the record on which the determina­ to any other remedies that may be avail­ article, or to which the article has been tion and order are based. able." . transported, sold, distributed, or otherwise 21362 CONGRESSIONAL RECORD-SENATE October 7, 1997 handled, to immediately cease distribution fusal or withdrawal of inspection under this to recover the amount of the civil penalty in of the article. section shall be final and conclusive unless, United States district court. " (3) NOTICE TO CONSUMERS.-The Secretary not later than 30 days after the effective date " (3) SCOPE OF REVIEW.-In the collection shall, as the Secretary considers necessary, of the order, the affected applicant for, or re­ action, the validity and appropriateness of provide notice to consumers to whom the ar­ cipient of, inspection- the order of the Secretary imposing the civil ticle was. or may have been, distributed. " (A) files a petition for judicial review of penalty shall not be subject to review. " (4) NONDISTRIBUTION BY NOTIFIED PER­ the order; and " (d) REFUSAL OR WITHDRAWAL OF INSPEC­ SONS.-A person transporting, storing, dis­ " (B) simultaneously sends a copy of the pe­ TION PENDING PAYMENT.-If a person fails to tributing, or otherwise handling the article, tition by certified mail to the Secretary. pay the amount of a civil penalty after the or to which the article has been transported, "(2) REFUSAL OR WITHDRAWAL OF INSPEC­ order assessing the civil penalty becomes sold, distributed, or otherwise handled, that TION PENDING REVIEW.- Inspection shall be final and unappealable, the Secretary may is notified under paragraph (l)(B) or (2)(B) refused or withdrawn as of the effective date refuse to provide or withdraw inspection shall immediately cease distribution of the of the order pending any judicial review of under this Act of )::.he person until the civil article. the order unless the Secretary directs other­ penalty is paid or until the Secretary directs "(c) INFORMAL HEARING ON 0RDER.- wise. otherwise. "(l) IN GENERAL.- The Secretary shall pro­ " (3) VENUE; RECORD.-Judicial review of " (e) PENALTIES IN LIEU OF OTHER Ac­ vide a person subject to an order under sub­ the order shall be- TIONS.-Nothing in this Act requires the Sec­ section (b) with an opportunity for an infor­ " (A) in- retary to report for prosecution, or for the mal hearing (pursuant to such rules or regu­ "(i) the United States court of appeals for institution of an action, a violation of this lations as the Secretary shall prescribe) on the circuit in which the applicant for, or re­ Act if the Secretary believes that the public the actions required by the order and on why cipient of, inspection resides or has its prin­ interest will be adequately served by assess­ the article that is the subject of the order cipal place of business; or ment of a civil penalty. should not be recalled. " (ii) the United States Court of Appeals for " (f) ADDITIONAL REMEDIES.- The remedies " (2) TIMING.-The Secretary shall hold the the District of Columbia; and provided in this section shall be in addition informal hearing as soon as practicable, but " (B) on the record on which the determina­ to any other remedies that may be avail­ not later than 2 days, after the issuance of tion and order are based. able.''. the order. "(d) ADDITIONAL REMEDIES.-The remedies " (d) RECALL OR OTHER ACTIONS.- provided in this section shall be in addition Mr. DASCHLE. Mr. President, today " (1) IN GENERAL.-If, after providing an op­ to any other remedies that may be available. I am pleased to join Senator HARKIN portunity for an informal hearing under sub­ "SEC. 33. CIVIL PENALTIES. and others to introduce legislation section (c), the Secretary determines that " (a) IN GENERAL .- that would strengthen the U.S. Depart­ there is a reasonable probability that human " (l) ASSESSMENT.-The Secretary may as­ ment of Agriculture's ability to protect consumption of the article that is the sub­ sess a civil penalty against a person that vio­ lates this Act (including a regulation pro­ the public from contaminated meat ject of an order under subsection (b) presents and poultry products. The United a threat to public health, the Secretary mulgated or order issued under this Act) of may- not more than $100,000 for each violation. States has the safest food in the world, " (A) amend the order to require recall of "(2) SEPARATE OFFENSES.-Each violation and this USDA-supported food safety the article or other appropriate action; and each day during which a violation con­ initiative, the Food Safety Enforce­ tinues shall be a separate offense. " (B) specify a timetable during which the ment Enhancement Act of 1997, would "(3) NOTICE AND OPPORTUNITY FOR HEAR­ recall will occur; take important steps to ensure it stays ING.-The Secretary shall not assess a civil "(C) require periodic reports to the Sec­ penalty under this section against a person that way. retary describing the progress of the recall; unless the person is given notice and oppor­ I have considered food safety policy and tunity for a hearing on the record before the to be of great significance for many "(D) provide notice to consumers to whom Secretary in accordance with sections 554 years. As chair of the Agriculture Sub­ the article is, or may have been, distributed. and 556 of title 5, United States Code. " (2) VACATION OF ORDER.-If, after pro­ committee on Agriculture Research, " (4) AMOUNT.- The amount of a civil pen­ Conservation, Forestry and General viding an opportunity for an informal hear­ alty under this section shall be- ing under subsection (c), the Secretary deter­ " (A) assessed by the Secretary by written Legislation in 1993 and 1994, I held a mines that adequate grounds do not exist to order, taking into account- number of hearings on meat and poul­ continue the actions required by the order, "(i) the gravity of the violation; try inspection, including a 1993 hearing the Secretary shall vacate the order. " (ii) the degree of culpability; to consider the E. coli crisis in the Pa­ "(e) ADDITIONAL REMEDIES.-The remedies " (iii) the size and type of the business; and cific Northwest. Subsequent to a series provided in this section shall be in addition " (iv) any history of prior offenses under of congressional hearings related to to any other remedies that may be available. this Act; and "SEC. 32. REFUSAL OR WITHDRAWAL OF INSPEC- that incident, Senator LEAHY and I in­ "(B) reviewed only in accordance with sub­ troduced a bill requiring USDA to re­ TION OF ESTABLISHMENTS. section (b). "(a) IN GENERAL.-The Secretary may, for " (b) JUDICIAL REVIEW.- place its old meat inspection process such period, or indefinitely, as the Secretary " (1) IN GENERAL.-An order assessing a with a modern system called the Haz­ considers necessary to carry out this Act, civil penalty against a person under sub­ ard Analysis and Critical Control Point refuse to provide or withdraw inspection section (a) shall be final and conclusive un­ System [HACCPJ. under this Act with respect to an establish­ less the person- HACCP is a major improvement over ment if the Secretary determines, after op­ "(A) not later than 30 days after the effec­ the old system because it uses sci­ portunity for a hearing on the record is pro­ tive date of the order, files a petition for ju­ vided to the applicant for, or recipient of, in­ dicial review in- entific understanding of harmful bac­ spection, that the applicant or recipient, or " (i) the United States court of appeals for teria to prevent contamination from any person responsibly connected with the the circuit in which the person resides or has occurring in the first place. Inspectors applicant or recipient (within the meaning of its principal place of business; or observe operations at critical control section 18(a)), has committed a willful viola­ " (ii) the United States Court of Appeals for points and test for pathogens in sam­ tion or repeated violations of this Act (in­ the District of Columbia; and ples scientifically collected at meat cluding a regulation promulgated under this " (B) simultaneously sends a copy of the pe­ and poultry processing plants. Act). tition by certified mail to the Secretary. Because USDA needs the tools to re­ " (b) DENIAL OR SUSPENSION OF INSPECTION " (2) RECORD.- The Secretary shall prompt­ PENDING HEARING.-The Secretary may deny ly file in the court a certified copy of the spond swiftly and appropriately to vio­ or suspend inspection under this Act, pend­ record on which the violation was found and lations, our legislation also would have ing opportunity for an expedited hearing, the civil penalty assessed. allowed USDA to fine meat packing with respect to an action under subsection " (c) COLLECTION ACTION FOR FAILURE TO plants and processors for safety viola­ (a), if the Secretary determines that the de­ PAY ASSESSMENT.- tions, and order mandatory recalls of nial or suspension is in the public interest to " (l) REFERRAL TO ATTORNEY GENERAL.-If a contaminated meat and poultry prod­ protect the health or welfare of consumers or person fails to pay a civil penalty after the ucts. to ensure the effective performance of an of­ order assessing the civil penalty has become ficial duty under this Act. final and unappealable, the Secretary shall Congress did not pass that bill, but " (c) JUDICIAL REVIEW.- refer the matter to the Attorney General. USDA was able to implement many of " (l) IN GENERAL.-A determination and " (2) ACTION BY ATTORNEY GENERAL .-The the bill's provisions through adminis­ order of the Secretary with respect to the re- Attorney General shall bring a civil action trative means, including the new October 7, 1997 CONGRESSIONAL RECORD-SENATE 21363 HACCP system of meat and poultry in­ ican workers that workplaces would be Mr. President, I ask unanimous con­ spection. USDA did not have the au­ safe and healthy. Sadly, 27 years later, sent that the text of the bill be printed thority, however, to implement provi­ we still have a long way to go to fulfill in the RECORD. sions of the bill that would have that promise. There being no objection, the bill was strengthened the agency's regulatory Nationally, more than 6,200 people ordered to be printed in the RECORD, as authority. Today USDA lacks the regu­ died from work-related injuries in 1995, follows: latory tools that were intended to com­ as average of 17 people each day. More s. 1265 plement the new inspection system. than 1,000 of those deaths were in the construction industry. In Connecticut, Be it enacted by the Senate and House of Rep­ The Food Safety Enforcement En­ resentatives of the' United States of America in hancement Act of 1997 would amend construction deaths remain a signifi­ Congress assembled, the Federal Meat Inspection Act cant fact of life for men and women who work in this field. But these are SECTION 1. SHORT TITLE. [FMIA] and the Poultry Products In­ This Act may be cited as the "Construc­ spection Act [PPIA] by adding three not simply statistics. These deaths rep­ tion Safety, Health, and Education Improve­ new enforcement sections: First, to resent families and friends losing loved ment Act of 1997". ones. provide for mandatory recall of meat SEC. 2. OFFICE OF CONSTRUCTION SAFE'IY, and poultry products; second, to pro­ Construction tends to involve some HEALTH, AND EDUCATION. vide more explicit authority to refuse of the most hazardous work done by The Occupational Safety and Health Act of or withdraw inspection; and third, to workers including roofing, excavation, 1970 (29 U.S.C. 651 et seq.) is amended- provide the power to assess civil mone­ and trenching. The industry faces (!) by striking sections 30, 31, and 34; tary penalties. This bill would further many challenges in providing a safe (2) by redesignating sections 32 through 33 ensure that the meat in grocery stores work environment. Often, the worksite as sections 34 and 35, respectively; and changes from week to week, or day to (3) by inserting after section 29 the fol­ and restaurants is free of E. coli, sal­ lowing: monella, and other harmful bacteria. day, and workers and subcontractors come and go as a given project moves "SEC. 30. OFFICE OF CONSTRUCTION SAFE'IY, Civil fines and mandatory recall au­ HEALTH, AND EDUCATION. thority are important improvements, forward. I will never forget the tragedy that "(a) ESTABLISHMENT.-There is established and both are employed by other Fed­ occurred at a construction site in my in the Occupational Safety and Health Ad­ eral agencies. Civil fines deter undesir­ home State more 10 years ago. Twenty­ ministration an Office of Construction Safe­ able practices, can be imposed more ty, Health, and Education (hereinafter in eight people lost their lives during the this section referred to as the 'Office') to en­ quickly than criminal penalties or in­ construction of an apartment building spection withdrawal, and can be tai­ sure safe and healthful working conditions in called L' Ambiance Plaza in Bridgeport, the performance of construction work. lored to specific cases. The Food Safety CT, when the floors of the building col­ Enforcement Enhancement Act of 1997 "(b) DUTIES.- The Secretary shall- lapsed. Ten years have not healed the "(1) identify construction employers that is careful to combine ample due proc­ wounds from that tragedy. I attended a have high fatality rates or high lost workday ess protection with the potential for memorial service earlier this year, and injury or 1llness rates or who have dem­ fines. A hearing before an independent saw many of the same people I saw 10 onstrated a pattern of noncompliance with administrative law judge is one of the years ago when this tragedy occurred. safety and health standards, rules, and regu­ first steps in the process, and an ap­ They were older, but still carry grief lations; peals mechanism is also part of the "(2) develop a system for notification of over the loss of a spouse, parent, or employers identified under paragraph (1); process. friend. Mandatory recall is an important im­ "(3) establish training courses and cur­ Construction disasters are sadly not riculum for the training of inspectors and provement to a system that currently isolated to a given State or region. In other persons with duties related to con­ relies on voluntary recalls by industry. just the last few months, construction struction safety a~ health who are em­ Although the industry historically has workers in Orlando, Chicago, Indianap­ ployed by the Occupational Safety and cooperated by voluntarily recalling olis, Brooklyn, Huntington Beach, and Health Administration; products when food safety has been in Washington, DC, to name just a few, "(4) establish model compliance programs question, USDA needs to be able to lost their lives in work related acci­ for construction safety and health standards swiftly recall meat or poultry in the dents. and assist employers, employees, and organi­ event voluntarism one day fails. zations representing employers and employ­ The bill I am offering today is ees in establishing training programs appro­ Science allows us to know more straightforward and offers common­ priate to such standards; and today about food safety than ever be­ sense solutions. I introduced similar "(5) establish a toll-free line on which re­ fore in history and to have higher legislation in each of the past five Con­ ports, complaints, and notifications required standards than ever before. It is imper­ gresses. An office of construction, safe­ under this Act may be made.". ative that we use this science to iden­ ty, heal th and education would be es­ SEC. 3. CONSTRUCTION SAFE'IY AND HEALTH tify and implement the most effective, tablished within OSHA tasked to iden­ PLANS AND PROGRAMS. efficient production practices. The tify construction employees with a The Occupational Safety and Health Act of Food Safety Enforcement Enhance­ high incidence of injury and non­ 1970 (29 U.S.C. 651 et seq.) (as amended by ment Act of 1997 surely would enable compliance. The office would establish section 2) is further amended by adding after USDA to take great strides in using training in construction safety for in­ section 30 the following: HACCP to this end. spectors, establish model compliance "SEC. 31. CONSTRUCTION SAFE'IY AND HEALTH programs and a toll-free number for re­ PLANS AND PROGRAMS. By Mr. DODD: porting safety concerns. The bill would "(a) PROJECT CONSTRUCTOR.-The Sec­ S. 1265. A bill to amend the Occupa­ require the development and imple­ retary shall, by regulation, require each con­ tional Safety and Health Act of 1970 to struction project to have an individual or en­ mentation of a written safety and tity (hereinafter referred to as the 'project expand the provisions to include con­ heal th plan for each construction constructor') that is responsible for the es­ struction safety requirements; to the project, including an analysis of haz­ tablishment of the safety and health plan (as Committee on Labor and Human Re­ ardous activities involved in the described in subsection (b)) for such project sources. project and assurances that all employ­ and for ensuring that the plan is carried out. THE CON STRUCTION SAFETY, HEALTH, AND ees are notified of these conditions. Such regulations shall require that- EDUCATION IMPROVEMENT ACT OF 1997 Whether 1 person dies or 25 die, any "(1) if only one general or prime contractor Mr. DODD. Mr. President, today I am life lost is one too many. We should not exists on a construction project, such con­ tractor shall be the project constructor, un­ again introducing the Construction suffer another workplace tragedy be­ less such contractor designates another enti­ Safety, Health, and Education Im­ fore we put in place measures to safe­ ty with such entity's consent to be the provement Act of 1997. In 1970, the pas­ guard construction sites. I urge my col­ project constructor; and sage of the Occupational Safety and leagues to join me in sponsoring this "(2) if a construction project has more Health Act signified a pledge to Amer- bill. than one general or prime contractor, the 21364 CONGRESSIONAL RECORD-SENATE October 7, 1997 construction owner shall be the project con­ are, and will be, at least as effective, in pro­ struction employers which is performed for a structor unless such construction owner des­ viding safe and healthful employment and construction owner and which is described in ignates another entity with such ent-ity's places of employment in the construction in­ work orders, permits, requisitions, agree­ consent to be the project constructor. dustry as the requirements contained in sub­ ments, and other project documents. "(b) CONSTRUCTION SAFETY AND HEALTH section (c), and the requirements imposed "(D) The term 'construction work' means PLAN.- by, and enforced under, this Act and section work for construction, alteration, demoli­ "(1) IN GENERAL.-The Secretary shall, by 107 of the Contract Work Hours Standards tion, or repair, or any combination thereof, regulation, require that the project con­ Act (40 U.S.C. 333), including requirements including painting and decorating, but does structor for a construction project develop relating to construction safety and health not include work performed under a contract and implement a written construction safety plans.". between a construction employer and a and heal th plan for the construction project SEC. 5. ENFORCEMENT. homeowner for work on the homeowner's (hereinafter in this section referred to as the (a) CITATIONS.-Section 9(a) of the Occupa­ own residence, or routine maintenance and 'plan') to protect employees against hazards tional Safety and Health Act of 1970 (29 upkeep performed at least monthly, and such which may occur at such project. U.S.C. 658(a)) is amended by inserting", 8, or term shall include work performed under a "(2) PLAN ELEMENTS.-The plan shall- 31 " after "section 5". contract between a construction employer "(A) include a hazard analysis and con­ (b) PROJECT CONSTRUCTORS.-Section 9 of and an agency of the United States or any struction process protocol which shall apply the Occupational Safety and Health Act of State or political subdivision of a State. to each worksite of the project; 1970 (29 U.S.C. 658) is amended by adding at "(E) The term 'construction worksite' "(B) include assurance that each construc­ the end the following: means a site within a construction project tion employer on the project has a safety "(e) For purposes of this section and sec­ where construction work is performed by one and health program which complies and is tions 8, 10, 11, and 17 a project constructor or more construction employers." . coordinated with the plan and the require­ shall be considered an employer.". SEC. 9. RELATIONSHIP TO EXISTING LAW AND ments of subsection (c); SEC. 6. REPORTS TO CONGRESS. REGULATIONS. "(C) provide for regular inspections of the The Occupational Safety and Health Act of (a) IN GENERAL.- Nothing contained in the worksite to monitor the implementation of 1970 (29 U.S.C. 651 et seq.) (as amended by amendments made by this Act or the regula­ the plan; section 3) is further amended by adding after tions issued to carry out the amendments "(D) include a method for notifying af­ shall limit the application of, or lessen, any section 31 the following: of the requirements of the Occupational fected construction employers of any haz­ "SEC. 32. REPORTS TO CONGRESS. ardous conditions at a construction worksite Safety and Health Act of 1970 (29 U.S.C. 651 "The Secretary shall include in the annual et seq.), the Contract Work Hours Standards or of noncompliance by an employer with the report submitted to the President under sec­ project safety and health plan; Act (40 U.S.C. 327 et seq.), or the standards or tion 26 additional information on the con­ reg·ulations issued by the Secretary of Labor "(E) include a method for responding to struction industry as such information re­ the request of any construction employer, to carry out either such Act. lates to the general subjects described in sec­ (b) PROJECT CONSTRUCTORS.-The presence employee, or employee representative, for an tion 26, including the operation of the Office inspection of a construction worksite to de­ and duties of a project constructor or a of Construction Safety, Health, and Edu­ project safety coordinator on a project shall termine if an imminent danger exists and to cation. stop work at, or remove affected employees not in a'ny way diminish the responsibilities from, an area in which such a danger exists; SEC. 7. FEDERAL CONSTRUCTION CONTRACTS. of construction employers under the Occupa­ "(F) provide assurance that a competent The Occupational Safety and Health Act of tional Safety and Health Act of 1970 (29 person is on site at all times to oversee the 1970 (29 U.S.C. 651 et seq.) (as amended by U.S.C. 651 et seq.) for the safety and health of implementation of the safety plan and co­ section 6) is further amended by adding after their employees. ordinate activities among employers; and section 32 the following: "SEC. 33. FEDERAL CONSTRUCTION CONTRACTS. " (G) provide assurance that the plan will ADDITIONAL COSPONSORS be reviewed and modified as the project ad­ "Not later than 90 days after the date of dresses new safety concerns. the enactment of this section, the Secretary s. 193 "(3) AVAILABILITY .-Copies of the plan shall deliver to the Committee on Education At the request of Mr. GLENN, the shall be made available to each construction and the Workforce of the House of Rep­ name of the Senator from Hawaii [Mr. employer prior to commencement of con­ resentatives and the Committee on Labor AKAKA] was added as a cosponsor of S. struction work by that employer. and Human Resources of the Senate rec­ 193, a bill to provide protections to in­ ommendations regarding legislative changes "(c) APPLICATION.- dividuals who are the human subject of "(!) IN GENERAL.-The Secretary, by regu­ required to make the safety records (includ­ lation, may modify the requirements of this ing records of compliance with Federal safe­ research. section, or portions thereof, as such require­ ty and health laws and regulations) of per­ s. 714 ments apply to certain types of construction sons bidding for contracts subj.ect to section At the request of Mr. AKAKA, the work or operations where the Secretary de­ 107 of the Contract Work Hours and Safety name of the Senator from New York termines that, in light of the nature of the Standards Act (40 U.S.C. 333) a criterion to [Mr. D'AMATO] was added as a cospon­ risks faced by employees engaged in such be considered in the awarding of such con­ sor of S. 714, a bill to make permanent work or operation, such a modification tracts." . the Native American Veteran Housing would not reduce the employees' safety and SEC. 8. DEFINITIONS. Loan Pilot Program of the Department health protection. In making such modifica­ Section 3 of the Occupational Safety and of Veterans Affairs. tion, the Secretary shall take into account Health Act of 1970 (29 U.S.C. 652) is amended the risk of death or serious injury or illness, by adding at the end thereof the following: s. 801 and the frequency of fatalities and the lost "(15) For purposes of sections 30 and 31, the At the request of Mr. GRAHAM, the work day injury rate attendant to such work following terms shall have the following name of the Senator from New York or operations. meanings: [Mr. D' AMATO] was added as a cospon­ "(2) EMERGENCY WORK.-If it is necessary to "(A) The term 'construction employer' sor of .S. 801, a bill to amend title 38, perform construction work on a worksite im­ means an employer as defined in paragraph United States Code, to provide for im­ mediately in order to prevent injury to per­ (5) (including an employer who has no em­ proved and expedited procedures for re­ sons, or substantial damage to property, and ployees) who is engaged primarily in the solving complaints of unlawful employ­ such work must be conducted before compli­ building and construction industry or who ance with the requirements of the regula­ performs construction work under a contract ment discrimination arising within the tions under subsections (a) and (b) can be with a construction owner, except that a Department of Veterans Affairs, and made, the Secretary shall be given notice as utility providing or receiving mutual assist­ for other purposes. soon as practicable of such work. Compliance ance in the case of a natural or man-made s. 969 with such 'requirements shall then be made disaster shall not be considered a construc­ At the request of Mr. D'AMATO , the as soon as practicable thereafter." . tion employer. name of the Senator from Rhode Island SEC. 4. STATE CONSTRUCTION SAFETY AND "(B) The term 'construction owner' means [Mr. REED] was added as a cosponsor of HEALTH PLANS. a person who owns, leases or has effective S. 969, a bill ordering the preparation Section 18 of the Occupational Safety and control over property with or without im­ of a Government report detailing injus­ Health Act of 1970 (29 U.S.C. 667) is amended provements, a structure, or other improve­ by adding at the end the following: ment on real property on which construction tices suffered by Italian-Americans " (i) Any State plan that covers construc­ work is being, or will be, performed. during World War II, and a formal ac­ tion safety and health shall contain require­ " (C) The term 'construction project' means knowledgment of such injustices by the ments which, and the enforcement of which, all construction work by one or more con- President. October 7, 1997 CONGRESSIONAL RECORD-SENATE 21365 s. 1008 Michigan [Mr. LEVIN], and the Senator "(i) not make disbursements for political At the request of Mr. DURBIN, the from Mississippi [Mr. COCHRAN] were activities for the period covered by such no­ name of the Senator from North Da­ added as cosponsors of Senate Concur­ tice in an amount greater than the amount kota [Mr. DORGAN] was added as a co­ which bears the same ratio to the amount of rent Resolution 52, a concurrent reso­ such disbursements estimated in the notice sponsor of S. 1008, a bill to amend the lution relating to maintaining the cur­ as the percentage of individuals consenting Internal Revenue Code of 1986 to pro­ rent standard behind the "Made in to such disbursements under subparagraph vide that the tax incentives for alcohol USA" label, in order to protect con­ (A)(ii)(Ill) bears to the total number of indi­ used as a fuel shall be extended as part sumers and jobs in the United States. viduals making payment of such dues, fe·es, of any extension of fuel tax rates. or other payments, and s. 1105 "(ii) with respect to each individual who At the request of Mr. DORGAN, his AMENDMENTS SUBMITTED does not consent to such disbursements name was added as a cosponsor of S. under subparagraph (A)(ii)(III), either- "(!) not collect from the individual the 1105, a bill to amend the Internal Rev­ THE BIPARTISAN CAMPAIGN percentage of the dues, fee, or other payment enue Code of 1986 to provide a sound REFORM ACT OF 1997 which was to be used for such disbursements, budgetary mechanism for financing or health and death benefits of retired "(II) refund to the individual an amount coal miners while ensuring the long­ JEFFORDS AMENDMENT NO. 1304 equal to such percentage. term fiscal health and solvency of such (Ordered to lie on the table.) "(C) SPECIAL RULE.-For purposes of sub­ benefits, and for other purposes. parag-raph (B)(i), if an individual does not Mr. JEFFORDS submitted an amend­ provide a response under paragraph s. 1195 ment intended to be proposed by him (2)(A)(ii)(IV), the individual shall be treated At the request of Mr. CHAFEE, the to the bill (S. 25) to reform the financ­ as not having consented to the use of any name of the Senator from North Da­ ing of Federal elections; as follows: portion of such dues, fee, or payment for po­ kota [Mr. DORGAN] was added as a co­ Strike section 501 and insert the following: litical activities. sponsor of S. 1195, a bill to promote the SEC. 501. REQUIREMENTS TO ENSURE EXPENDI· "(D) AVAILABILITY OF RECORDS.-An organi­ adoption of children in foster care, and TURES OF CORPORATIONS AND EX· zation required to provide notice under sub­ for other purposes. EMPT ORGANIZATIONS FOR POLIT· paragraph (A) shall make available to any ICAL PURPOSES ARE VOLUNTARY. affected members and nonmembers of the or­ s. 1212 (a) IN GENERAL.-Section 316 of the Federal ganization at the organization's main office At the request of Mr. DORGAN, the Election Campaign Act of 1971 (2 U.S.C. 441b) any records on which the information re­ names of the Senator from North Da­ is amended by adding at the end the fol­ quired under subparagraph (A) is based. kota [Mr. CONRAD], and the Senator lowing: "(d) CORPORATE SHAREHOLDERS MUST CON­ from Michigan [Mr. LEVIN] were added "(C) RESTRICTIONS ON THE REVENUES OF NA­ SENT TO DISBURSEMENTS FOR POLITICAL AC­ TIONAL BANKS AND CORPORATIONS AND DUES TIVITIES FROM FUNDS.- as cosponsors of S. 1212, a bill to amend OF EXEMPT ORGANIZATIONS USED FOR POLIT­ the Illegal Immigration Reform and "(l) IN GENERAL.-Except as provided in ICAL ACTIVITIES.- this subsection, it shall be unlawful for a Immigrant Responsibility Act of 1996 "(1) IN GENERAL.-Except as provided in corporation to which this section applies to to clarify that records of arrival or de­ this subsection, it shall be unlawful- make a disbursement to fund political ac­ parture are not required to be collected "(A) for any national bank or corporation tivities from sources not described in sub­ for purposes of the automated entry­ described in this section to use for political section (c). exit control system developed under 110 activities any portion of any revenues or " (2) REQUIREMENTS.- of such Act for Canadians who are not amounts received from any shareholder or "(A) IN GENERAL.-Any corporation de­ employee; or scribed in paragraph (1) which seeks to make otherwise required to possess a visa, "(B) for any organization exempt from tax­ passport, or border crossing identifica­ disbursements for political activities during ation under section 501(a) of the Internal any 12-month period from sources not de­ tion card. Revenue Code of 1986 (other than an organi­ scribed in subsection (c) shall, in advance of s. 1213 zation described in section 501(c)(3) of such such period, transmit to each of its share­ At the request of Mr. HOLLINGS, the Code) to use for political activities any por­ holders a written notice which includes- name of the Senator from South Caro­ tion of any dues, initiation fee, or other pay­ "(1) a reasonable estimate of the budget for lina [Mr. THURMOND] was added as a co­ ment collected or assessed from any member such political activities, or nonmember of such organization. "(ii) a detailed itemization of all amounts sponsor of S. 1213, a bill to establish a "(2) REQUIREMENTS.- National Ocean Council, a Commission disbursed for political activities for the pre­ "(A) NOTICE.-Each bank, corporation, or vious 2 years, on Ocean Policy, and for other pur­ organization described in paragraph (1) "(iii) the method by which a shareholder poses. which seeks to make any disbursements for may vote (at its annual meeting or by proxy s. 1220 any political activities from dues, initiation in connection with the meeting) to approve At the request of Mr. HARKIN, his fees, or other payments shall- or disapprove of such disbursements. name was added as a cosponsor of S. "(i) provide to each individual a statement "(B) LIMITATION ON AMOUNT.- of such dues, fee, or other payment before " (i) IN GENERAL.-A corporation required 1220, a bill to provide a process for de­ the period to which such dues, fee, or pay­ classifying on an expedited basis cer­ to provide notice under subparagraph (A) ment applies, and shall not make disbursements for political tain documents relating to human "(ii) include with each such statement a activities for the period covered by such no­ rights abuses in Guatemala and Hon­ written notice which includes- tice in an amount greater than the amount duras. "(!) a reasonable estimate of the budget for which bears the same ratio to the amount of SENATE CONCURRENT RESOLUTION 30 such political activities, such disbursements estimated in the notice At the request of Mr. HELMS, the "(II) a detailed itemization of all amounts as the percentage of shares voted at an an­ disbursed for political activities in the 2 pre­ nual meeting to approve such disbursements name of the Senator from Virginia [Mr. vious years, WARNER] was added as a cosponsor of bears to the total number of shares voted "(III) a reasonable estimate of the dollar with respect to such issue. Senate Concurrent Resolution 30, a amount of the dues, fee, or payment which is "(ii) SPECIAL RULE.-If a shareholder votes concurrent resolution expressing · the to used for such political activities, and by proxy with respect to 1 or more issues to sense of the Congress that the Republic "(IV) a space for the individual to check be considered at an annual meeting but does of China should be admitted to multi­ off that the individual does or does not con­ not vote by proxy with respect to the issue of lateral economic institutions, includ­ sent to the expenditure of any portion of disbursement of funds for political activities, ing the International Monetary Fund such dues, fee, or payment for political ac­ the shareholder shall be treated as having and the International Bank for Recon­ tivities. voted to disapprove such disbursements. struction and Development. The period covered by any statement shall "(e) POLITICAL ACTIVITIES.-For purposes not exceed 12 months. of subsections (c) and (d), the term 'political SENATE CONCURRENT RESOLUTION 52 "(B) LIMITATION ON AMOUNT; REFUND.- A activities' means communications or other At the request of Mr. HOLLINGS, the bank, corporation, or organization required activities which involve donations to, or par­ names of the Senator from Arkansas to provide notice under subparagraph (A) ticipation or intervention in, any political [Mr. HUTCHINSON], the Senator from shall- campaign or political party, including- 21366 CONGRESSIONAL RECORD-SENATE October 7, 1997 "(l) any activity described in subparagraph At the end of the bill, add the following: " (ii) include with each such statement a (A), (B), or (C) of subsection (b)(2), and " It is the sense of the Senate that if com­ written notice which includes- " (2) any communication that attempts to prehensive campaign finance reform is not "(!) a reasonable estimate of the budget for influence legislation or public policy." signed into law by the President, the Presi­ such political activities, (b) DISCLOSURE OF CERTAIN ExPENDI­ dent should appoint a bipartisan panel of " (II) a detailed itemization of all amounts TURES.-Title III of the Federal Election campaign finance experts to study com­ disbursed for political activities in the 2 pre­ Campaign Act of 1971 (2 U.S.C. 431 et seq.) is prehensive campaign finance reform and pro­ vious years, amended- pose legislation for the consideration of the " (III) a reasonable estimate of the dollar (!) in section 301(9)(B)(iii), by striking 105th Congress.'' amount of the dues, fee, or payment which is " Federal office, except" and all that follows to used for such political activities, and through the semicolon and inserting "Fed­ TORRICELLI AMENDMENT NO. 1308 " (IV) a space for the individual to check eral office;"; and off that the individual does or does not con­ (2) in section 316(b)(2), by inserting at the (Ordered to lie on the table.) sent to the expenditure of any portion of end the following flush sentence: Mr. TORRICELLI submitted an such dues, fee, or payment for political ac­ "Disbursements made for activities de­ amendment intended to be proposed by tivities. scribed in subparagraphs (A), (B), and (C) him to the bill, S. 25, supra; as follows: The period covered by any statement shall shall be reported to the Commission in ac­ At the appropriate place, insert the fol­ not exceed 12 months. cordance with clauses (i) and (ii) of section lowing: " (B) LIMI'l'ATION ON AMOUNT; REFUND .-A 304(a)( 4)(A).". SEC. . DISCLOSURE OF DONOR LISTS FOR CER­ bank, corporation, or organization required (c) EFFECTIVE DATE.-This section shall TAIN TAX-EXEMPT ORGANIZATIONS. to provide notice under subparagraph (A) take effect upon enactment of this Act. Section 304 of the Federal Election Cam­ shall- paign Act of 1971 (2 U.S.C. 434) is amended by " (i) not make disbursements for political TORRICELLI AMENDMENTS NOS. adding at the end the following: activities for the period covered by such no­ 1305-1306 "( ) REQUIRED DISCLOSURE.-An organiza­ tice in an amount greater than the amount tion described in section 501(c)(4) of the In­ which bears the same ratio to the amount of (Ordered to lie on the table.) ternal Revenue Code of 1986 that is required such disbursements estimated in the notice Mr. TORRICELLI submitted two to file a report under this Act with respect as the percentage of individuals consenting amendments intended to be proposed to independent expenditures shall include in to such disbursements under subparagraph by him to the bill, S. 25, supra; as fol­ such report the name and address of any con­ (A)(ii)(III) bears to the total number of indi­ lows: tributor whose contributions to the organi­ viduals making payment of such dues, fees, or other payments, and AMENDMENT NO. 1305 zation during the calendar year and the pre­ ceding calendar year exceed $5,000. The orga­ " (ii) with respect to each individual who At the appropriate place in the bill, insert nization does not need to disclose contribu­ does not consent to such disbursements the following: tors that have been disclosed in a previous under subparagraph (A)(ii)(III), either- SEC. 302. BROADCAST MEDIA RATES FOR CAN­ report and have not made any contributions " (!) not collect from the . individual the DIDATES. since the last disclosure.". percentage of the dues, fee, or other payment Section 315(b)(l) of the Communications which was to be used for such disbursements, Act (47 U.S.C. 315(b)(l)) is amended by- or · (1) striking " forty-five" and inserting " 30" ; JEFFORDS AMENDMENT NO. 1309 " (II) refund to the individual an amount (2) striking "sixty" and inserting " 60"; (Ordered to lie on the table.) equal to such percentage. (3) inserting "an amount not to exceed 50 Mr. JEFFORDS submitted an amend­ "(C) SPECIAL RULE.- For purposes of sub­ percent of" before "the lowest unit"; and ment to an amendment proposed by paragraph (B)(i), if an individual does not (4) inserting after section 315(b)(2) the fol­ provide a response under paragraph lowing: Mr. LOTT to the bill, S. 25, supra; as fol­ (2)(A)(ii)(IV), the individual shall be treated "(3) In order to qualify for the broadcast lows: as not having consented to the use of any media rate in section 315(b)(l), an advertise­ In lieu of the matter proposed to be in­ portion of such dues, fee, or payment for po­ ment must be at least 60 seconds in length serted, insert the following: litical activities. and the candidate purchasing the ad must SEC. _ . REQUffiEMENTS TO ENSURE EXPENDI­ "(D) AVAILABILITY OF RECORDS.-An organi­ appear for at least 75% of the duration of the TURES OF CORPORATIONS AND EX­ zation required to provide notice under sub­ advertisement.'' EMPT ORGANIZATIONS FOR POLIT­ paragraph (A) shall make available to any ICAL PURPOSES ARE VOLUNTARY. affected members and nonmembers of the or­ AMENDMENT NO. 1306 (a) IN GENERAL.-Section 316 of the Federal ganization at the organization's main office On page 53, strike lines 14 through 21 and Election Campaign Act of 1971 (2 U.S.C. 441b) any records on which the information re­ insert the following: is amended by adding at the end the fol­ quired under subparagraph (A) is based. lowing: SEC. 601. SEVERABILITY. " (d) CORPORATE SHAREHOLDERS MUST CON­ " (c) RESTRICTIONS ON THE REVENUES OF NA­ SENT TO DISBURSEMENTS FOR POLITICAL AC­ (a) IN GENERAL.-Except as provided in TIONAL BANKS AND CORPORATIONS AND DUES TIVITIES FROM FUNDS.- subsection (b), if any provision of this Act or OF Ex.EMPT ORGANIZATIONS USED FOR POLIT­ " (l) IN GENERAL.-Except as provided in amendment made by this Act, or the applica­ ICAL ACTIVI'rlES.- this subsection, it shall be unlawful for a tion of any provision or amendment to any " (1) IN GENERAL.-Except as provided in corporation to which this section applies to person or circumstance, is held invalid, the this subsection, it shall be unlawful- make a disbursement to fund political ac­ holding shall not affect- " (A) for any national bank or corporation tivities from sources not described in sub­ (!) the other provisions of this Act and described in this section to use for political section (c). amendments made by this Act; or activities any portion of any revenues or " (2) REQUIREMENTS.- (2) the application of the provisions of this amounts received from any shareholder ·or "(A) IN GENERAL.- Any corporation de­ Act and amendments made by this Act to employee; or scribed in paragraph (1) which seeks to make other persons and circumstances. "(B) for any organization exempt from tax­ disbursements for political activities during (b) EXCEPTION.-If any part of paragraph ation under section 501(a) of the Internal any 12-month period from sources not de­ (20) of section 301 of the Federal Election Revenue Code of 1986 (other than an organi­ scribed in subsection (c) shall, in advance of Campaign Act of 1971 (as added by section zation described in section 501(c)(3) of such such period, transmit to each of its share­ 201), or the application of any part of that Code) to use for political activities any por­ holders a written notice which includes- paragraph to any person or circumstance, is tion of any dues, initiation fee, or other pay­ " (i) a reasonable estimate of the budget for held invalid, section 324 of the Federal Elec­ ment collected or assessed from any member such political activities, tion Campaign Act of 1971 (as added by sec­ or nonmember of such organization. " (ii) a detailed itemization of all amounts tion 101) shall be of no effect. ''(2) REQUIREMENTS.- disbursed for political activities for the pre­ " (A) NOTICE.-Each bank, corporation, or vious 2 years, TORRICELLI (AND JOHNSON) organization described in paragraph (1) "(iii) the method by which a shareholder AMENDMENT NO. 1307 which seeks to make any disbursements for may vote (at its annual meeting or by proxy (Ordered to lie on the table.) any political activities from dues, initiation in connection with the meeting) to approve fees, or other payments shall- or disapprove of such disbursements. Mr. TORRICELLI (for himself and "(i) provide to each individual a statement " (B) LIMITATION ON AMOUNT.- Mr. JOHNSON) submitted an amendment of such dues, fee, or other payment before "(i) IN GENERAL.-A corporation required intended to be proposed by them to the the period to which such dues, fee, or pay­ to provide notice under subparagraph (A) bill, S. 25, supra; as follows: ment applies, and shall not make disbursements for political October 7, 1997 CONGRESSIONAL RECORD-SENATE 21367 activities for the period covered by such no­ Social Security and Family Policy and which is scheduled to begin at 2 p.m. tice in an amount greater than the amount on Health Care and the Banking Com­ The purpose of this hearing is to re­ which bears the same ratio to the amount of mittee Subcommittee on Securities re­ ceive testimony on S. 725, a bill to di­ such disbursements estimated in the notice quest unanimous consent to conduct a rect the Secretary of the Interior to as the percentage of shares voted at an an­ nual meeting to approve such disbursements joint hearing on Tuesday, October 7, convey the Collbran Reclamation bears to the total number of shares voted 1997, at 10 a.m. in room 215 Dirksen. project to the Ute Water Conservancy with respect to such issue. , The PRESIDING OFFICER. Without District and the Collbran Conservancy "(11) SPECIAL RULE.-If a shareholder votes objection, it is so ordered. District; S. 777, a bill to authorize the by proxy with respect to 1 or more issues to COMMITTEE ON FOREIGN RELATIONS construction of the Lewis and Clark be considered at an annual meeting but does Mr. GRAMM. Mr. President, I ask Rural Water System, Inc., a nonprofit not vote by proxy with respect to the issue of unanimous consent that the Com­ corporation, for the planning and con­ disbursement of funds for political activities, struction of the water supply system, the shareholder shall be treated as having mittee on Foreign Relations be author­ voted to disapprove such disbursements. ized to meet during the session of the and for other purposes; H.R. 848, a bill "(e) POLITICAL ACTIVITIES.- For purposes Senate on Tuesday, October 7, 1997, at to extend the deadline under the Fed­ of subsections (c) and (d), the term 'political 10 a.m. and 3 p.m. to hold hearings. eral Power Act applicable to the collec­ activities' means communications or other The PRESIDING OFFICER. Without tion of the AuSable Hydroelectric activities which involve donations to, or par­ objection, it is so ordered. project in New York, and for other pur­ ticipation or intervention in, any political COMMITTEE ON GOVERNMENTAL AFFAIRS poses; H.R. 1184, a bill to extend the campaign or political party, including- deadline under the Federal Power Act "(1) any activity described in subparagraph Mr. GRAMM. Mr. President, I ask (A), (B), or (C) of subsection (b)(2)', and unanimous consent on behalf of the for the construction of the Bear Creek "(2) any communication that attempts to Governmental Affairs Committee Spe­ Hydroelectric project in the State of influence legislation or public policy." cial Investigation to meet on Tuesday, Washington, arid for other purposes; (b) DISCLOSURE OF CER'l'AIN EXPENDI­ October 7, at 10 a.m. for a hearing on H.R. 1217, a bill to extend the deadline TURES.-Title III of the Federal Election campaign financing issues. under the Federal Power Act for the Campaign Act of 1971 (2 U.S.C. 431 et seq.) is The PRESIDING OFFICER. Without construction of a hydroelectric project amended- in the State of Washington, and for (1) in section 301(9)(B)(ii1), by striking objection, it is so ordered. "Federal office, except" and all that follows COMMITTEE ON THE JUDICIARY other purposes; S. 1230, a bill to amend through the semicolon and inserting " Fed­ Mr. GRAMM. Mr. President, I ask the Small Reclamation Projects Act of eral office;"; and unanimous consent that the Com­ 1956 to provide for Federal cooperation (2) in section 316(b)(2), by inserting at the mittee on the Judiciary be authorized in non-Federal reclamation projects end the following flush sentence: to meet during the session of the Sen­ and for participation by non-Federal " Disbursements made for activities de­ ate on Tuesday, October 7, 1997, at 10 agencies in Federal projects; and S. 841, scribed in subparagraphs (A), (B), and (C) a.m. in room 226 of the Senate Dirksen a bill to authorize construction of the shall be reported to the Commission in ac­ Office Building to hold a hearing on Fort Peck Reservation Rural Water cordance with clauses (i) and (ii) of section System in the State of Montana, and 304(a)(4)(A). ''. "Vindication of Property Rights: Im­ (c) EFFECTIVE DATE.-This section shall proving Citizens' Access to Justice." for other purposes. take effect upon enactment of this Act. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. AUTHORITY FOR COMMITTEES TO COMMITTEE ON LABOR AND HUMAN RESOURCES MEET M°r. GRAMM. Mr. President, I ask ADDITIONAL STATEMENTS unanimous consent that the Com­ COMMITTEE ON AGRICULTURE, NUTRITION , AND mittee on Labor and Human Resources FORESTRY be authorized to meet for a hearing on HIS HOLINESS ARAM I Mr. GRAMM. Mr. President, I ask the Nomination of Charles Jeffress to unanimous consent that the Com­ • Mr. ABRAHAM. Mr. President, I rise mittee on Agriculture, Nutrition, and be an Assistant Secretary of Labor to speak of a special event which is Forestry be allowed to meet during the [OSHA] during the session of the Sen­ taking place in the State of Michigan. session of the Senate on Tuesday, Octo­ ate on Tuesday, October 7, 1997, at 9:45 On October 17, 1997 until October 20, ber 7, 1997, at 9 a.m. in SR-328A to con­ a.m. 1997, the greater metropolitan Detroit The PRESIDING OFFICER. Without Armenian community and Michigan, sider the nominations of Ms. Sally objection, it is so ordered. Thompson to be Chief Financial Officer welcomes His Holiness Aram I, of the U.S. Department of Agriculture COMMITTEE ON VETERANS ' AFFAIRS Catholicos of the Great House of and Mr. Joe Dial to be Commissioner of Mr. GRAMM. Mr. President, the Cilicia. the Commodity Futures Trading Com­ Committee on Veterans' Affairs re­ His Holiness has served as the spir­ mission. quests unanimous consent to hold a itual leader of the Holy See of Cilicia The PRESIDING OFFICER. Without markup on the following pending legis­ of the Armenian Apostolic Church objection, it is so ordered. lation: S. 309, S. 464, S. 623, as amended, since 1995 and his visit to Michigan and COMMITTEE ON COMMERCE, SCIENCE, AND S. 714, as amended, S. 730, as amended, the Armenian community is truly a TRANSPORTATION S. 801, as amended, S. 813, S. 986, as blessing. Prior to his consecration as Mr. GRAMM. Mr. President, I ask amended, S. 987, as amended, and S. Catholicos he has served as the prelate unanimous consent that the Com­ 999. of the Armenian community in Leb­ mittee on Commerce, Science, and The markup will be held at 3 p.m., on anon for 15 years. His Holiness is to be Transportation be authorized to meet Tuesday, October 7, 1997, in room 418 of commended for his spiritual leadership on Tuesday, October 7, 1997, at 10 a.m. the Russell Senate Office Building. not only in the Armenian Apostolic on the nominations of Terry Garcia to The PRESIDING OFFICER. Without Church but also in regions of the world be Assistant Secretary of NOAA and objection, it is so ordered. which face persistent unrest and vio­ Raymond Kammer to be Director of SUBCOMMITTEE ON WATER AND POWER lence. Through his ministry, published NIST. Mr. GRAMM. Mr. President, I ask articles and lectures, His Holiness con­ The PRESIDING OFFICER. Without unanimous consent that the Sub­ tinues to impact lives and provide objection, it is so ordered. committee on Water and Power of the steadfast love. COMMITTEE ON FINANCE AND THE COMMITTEE Committee on Energy and Natural Re­ The Armenian community has faced ON BANKING, HOUSING, AND URBAN AFFAIRS, sources be granted permission to meet many hardships throughout its history, JOINTLY during the session of the Senate on yet the spirit of the Armenian people Mr. GRAMM. Mr. President, the Fi­ Tuesday, October 7, for purposes of and its leaders has never diminished. I nance Committee Subcommittees on conducting a subcommittee hearing am honored to recognize His Holiness .. 7.~.~~~----.,. rr,J;~----.--.,..-:-.-..----, ; .--. .i.~~ ------

21368 CONGRESSIONAL RECORD-SENATE October 7, 1997 for his dedication to religious under­ for their dedicated years of service. Hernandez, Donna Johnson, Marcella standing and the goal of peace through­ Any corrective action we take in Con­ Jones, Gertrude Kilpatrick, Thurman out the world. May each of us be in­ gress must ultimately be consistent McGee, Rosalyn Moore, Charlotte Mor­ spired to seek greater meaning in all with this obligation.• rison, Gary Perkins, Larry Pullums, that we do. Again, I extend my heart­ Carolyn Racki, Crystal Rapp, Dolores felt best wishes to His Holiness as he Sollenberger, Ellis " Steve" Stephens, visits Michigan.• THE lOOTH ANNIVERSARY OF MID­ Viparwon Thongchai, Lisa Vito, Cas­ DLETOWN HIGH SCHOOL FOOT­ sandra Wilkins, and Larry Yaus. BALL I take this opportunity to join the Il­ COMPREHENSIVE COAL ACT •Mr. D'AMATO. Mr. President, as you linois Chapter of the American Asso­ REFORM ACT may be aware, the 1997 season marks ciation of Mental Retardation in salut­ • Mr. DORGAN. Mr. President, I rise the lOOth team to play football for Mid­ ing the winners of the 1997 Direct Serv­ today to add my name as a cosponsor dletown High School. ice Professional Award. It is my honor of the Comprehensive Coal Act Reform During these 100 years, Middletown to serve them in the U.S. Senate.• Act of 1997, a bipartisan bill introduced football teams have been coached by by Senators COCHRAN and CONRAD just Messrs. Bright, Massee, Sjellander, HUMANITARIAN RELIEF IN IRAQ prior to the August recess. This bill Cady, Spaulding, Greason, Southwell, seeks to alleviate inequities and un­ Sundstrom, Downing, Springman, • Mr. ABRAHAM. Mr. President, I foreseeable hardships caused by the Goes, Sampson, Hughes, Finch, Bate­ stand before you today to speak of a reachback tax provisions of the Coal man, Rodiak, Nania, Whitehead, Brun­ situation which is of great concern. As Industry Health Benefit Act of 1992 ner, Wolslayer, Ryder, and Scali. Iraqi children returned to school last [the Coal Act], while safeguarding the Asylum, Hayes, Wilson, and Faller week, they began another year under Combined Fund established under the are the football fields where the Mid­ difficult circumstances. For 7 years, Coal Act to ensure that retired mine dletown High School teams have the innocent children and citizens of workers get the health benefits they played their games during the past cen­ Iraq have endured hardships and suf­ deserve. tury. fering which are immeasurable for As part of the Energy Policy Act of For the past 100 years, Middletown many in this country. Economic sanc­ 1992, Congress passed a proposal to help football teams have embraced the spir­ tions imposed upon the country of Iraq protect health benefits of retired mine by the United Nations were never in­ it of competition and have established tended to deprive the Iraqi people of workers by allowing the trustees of the a winning tradition. newly created Combined Fund to reach the necessities of life. While some re­ Counted among former MRS football lief has occurred I believe that much back and require former employers of players are elected officials, teachers, more must be done. retired coal miners to pay substantial doctors, coaches, construction workers, Yet, the situation in Iraq is grim. Ac­ assessments to the fund in order to fi­ lawyers, businessmen, and members of cording to the United Nations Food nance such benefits. While its goals are the military who continue to make And Agriculture Organization [FAO], laudable, this sweeping proposal con­ positive contributions to their commu­ the Iraqi children are perhaps the most tains some serious shortcomings. For nity. vulnerable and hardest hit. More than one thing, it unfairly imposes excessive For the past 100 years, the "Middies" 600,000 children have died and it is esti­ assessments on some companies, while have been supported by the board of mated that 4,500 children are dying under-assessing others. education, government, civic and fra­ each month from problems related to Senators COCHRAN and CONRAD have ternal organizations, and the greater malnutrition and shortages of medical worked for some time to develop a Middletown community. supplies. While the sanctions continue, compromise bill that addresses some of For these reasons, we ask that you the regime prospers. It is time for the the shortcomings in the Coal Act. This give pause.• citizens and leaders of our country to effort led to the introduction of the continue to provide humanitarian aid Comprehensive Coal Act Reform Act of RECOGNIZING THE AMERICAN AS­ to the most innocent of Iraq. 1997, S. 1105, which I think makes a The United States Department of number of needed changes. I applaud SOCIATION OF MENTAL RETAR­ DATION ILLINOIS CHAPTER'S 1997 State has not objected to the issuance efforts of these Senators to find a of licenses to United States organiza­ workable and fair solution to the DIRECT SERVICE PROFESSIONAL HONOREES tions and individuals donating food, reachback problem. And I've added my medicine, and other materials for es­ name as a cosponsor of S. 1105 because •Ms. MOSELEY-BRAUN. Mr. Presi­ sential civilian needs in Iraq. I am I support the primary thrust and goals dent, it is my distinct pleasure to join pleased that my office was able to as­ of this bill. the Illinois Chapter of the American sist the International Relief Associa­ I do not know if the formula adopted Association of Mental Retardation in tion [IRA] based out of St. Clair in S. 1105 perfectly resolves the prob­ honoring the recipients of the 1997 Di­ Shores, MI, in obtaining a license to lems created by the Coal Act. Some rect Service Professional Award. These provide much needed supplies to the companies will probably continue to honorees are being recognized for their children and elderly of Iraq. I believe argue that they are paying too much outstanding commitment and contribu­ that it is essential to continue to seek and that others are paying too little tions to the lives of people in Illinois out organizations and individuals who into the Combined Fund. Retired mine with developmental disabilities. wish to assist in bringing further hu­ workers will undoubtedly be concerned These award winners have distin­ manitarian relief to Iraq and to help by any bill modifying the Coal Act guished themselves through their com­ them in obtaining the proper licenses until it's shown that the proposal passion, dedication, patience, and pro­ to do so. Let it be known, that I en­ causes no harm to them. fessionalism. Their work not only en­ courage my colleagues to invoke the Finally, let me be very clear about riches the lives of those who they care spirit of American humanitarianism one point. My cosponsorship of this bill for, but also enriches all of our lives and for each of them to examine the should not be construed by anyone as a and sets an example of service for all simple fact that aid must continue in weakening of my support for retired Americans to follow. this region of the world. I commend mine workers and their families. They It is indeed my privilege to recognize each organization and individual who worked tirelessly in their jobs-often and celebrate the achievements of the has assisted in providing relief to the at substantial risk to their personal following Illinois direct service profes­ people of Iraq. May each of us be re­ heal th and safety- to help meet the en­ sionals: Sunshyne Albers, Angie minded that political and economic ergy needs of this country. They are Berquist, Amy Birdett, Kathy Bouras, sanctions should not affect the lives of entitled to retirement benefits earned Barbara Eakin, Janet Hayes, Bertha those who innocently suffer.• October 7, 1997 CONGRESSIONAL RECORD-SENATE 21369 SUSAN LANDON " My mother wrote this," Susan said, smil­ ber 14, 1997, many have gathered to cel­ ing at the singular pride only a mother can ebrate the Chaldean Federation of • Mr. BINGAMAN. Mr. President, I rise have in a child. today to express my deep sorrow about America's fifth annual dinner and "Famous Journal Reporter," the note's awards banquet. Each of the individ­ the death of Susan Landon on Sep­ formal title announces. "Susan Landon with tember 28, 1997. Ms. Landon, a citizen David Starkey-covering story when irriga­ uals in attendance deserve special rec­ of New Mexico and resident of the city tion ditch wall broke in South Valley, flood­ ognition for their commitment and of Albuquerque, graduated from the ing 4 homes.'' steadfast support of the Chaldean com­ University of New Mexico. She went on I don't remember how long it's been since munity. to fulfill a rich and varied career writ­ that first time she showed me the photo­ I am pleased to recognize the recipi­ ing for the Albuquerque Journal. I have graph. After that conversation. I never said ents of tonight's awards: Dr. Nathima become familiar with Susan's work, as anything more about it, though I thought of Atchoo-Humanitarian Award, Mayor it often because its message was so clear and Gerald Naftaly-Civic Humanitarian she reported on a range of issues span­ irrefutable. ning much of the breadth of contem­ Then one day a few weeks ago, after it be­ Award, Hayat Jajonie and Salim porary New Mexico life. came clear that she would lose the fight Sarafa- Community Service Awards, Ms. Landon worked as the youth against the cancer that attacked her. Susan Janan Senawi-Volunteer Recognition page editor, and as a reporter for gen­ handed me the picture and said, "I want you Award, Ismael Ahmed and Sargon eral assignments, education, and State to have this." Lewie-CF A President's Award, Isam news. She began writing for the Jour­ Susan Landon was smart and fair and ir­ Yaldo- Business/Comm unity Award, nal's editorial page in 1992, and contin­ reverent and compassionate and tough-all and Deacon Sadik Barno-Cultural ued to do so until a few weeks before the things a reporter should be. Award. Each of these recipients should She was a native New Mexican who knew her death. Susan excelled in her assign­ and loved the state and its people. She had take great pride in receiving these dis­ ments, winning numerous city, State, an unerring ability to cut through rhetoric tinguished awards. and national journalism awards. She and get to the heart of a matter, regardless While it is important to pay special found particular satisfaction through of its camouflage. tribute to the awardees, it is also es­ her work covering various Native She was painfully shy and militantly pri­ sential to honor each citizen of the American issues, and was thanked pub­ vate. but she never backed away from the de­ Chaldean community. In many re­ licly by the president of the Navajo Na­ mands of the job. At her core lay a righteous spects, the Chaldean community of tion for the sensitivity and under­ anger, a philosophic pilot light ready to ig­ Michigan is a true example of a thri v­ nite when confronted with inequity; the standing which was reflected in her flame burned especially hot when she en­ ing community. Through strong eco­ writings. countered a bully abusing power. nomic growth, inspiring leaders, and I would like to quote from an article She spent the final years of her newspaper unwavering dedication, the State of written by Jim Belshaw, a friend and career as an editorial writer, but when she Michigan has greatly benefited from colleague of Susan, in which he said spoke of what she missed most it had noth­ Chaldean-Americans. One such organi­ "Susan Landon was smart and fair and ing to do with the inside of the building. zation that has exemplified the spirit irreverent and compassionate and "I miss the reservation," she once said, of the Chaldean community is the tough; she was a native New Mexican looking back to the years she covered the International Relief Association. who knew and loved the State and its Navajo Nation. "I miss being out there talk­ The International Relief Association people. She had an unerring ability to ing to the people. I miss writing about them. It was the best time for me." [IRA] continues to assist in supplying cut through rhetoric and get to the When she gave me the photograph, it oc­ humanitarian relief to the children of heart of a matter, regardless of its curred to me that it should be made into a Iraq. This association which is based in camouflage.'' poster and pinned up on the bulletin boards St. Louis Clair Shores, MI, has been a Mr. President, I ask today that the of journalism schools all over the country. It tireless advocate for the innocent indi­ full text of Mr. Belshaw's article be is a clean, pure image of what this job is sup­ viduals which have been so deeply af­ printed in the RECORD, as it provides a posed to be. fected by the trade embargo imposed unique perspective on the life of this Each time I looked at it. I thought about on Iraq since 1990. According to the dedicated individual whom New Mexico the peripheral circus that follows us these days: Seminars and focus groups and daz­ United Nations International Chil­ will miss very much. dren's Education Fund, it is estimated The article follows: zling graphics and endless analysis; the Internet and Web pages and cyberspace that some 4,500 children are dying each PRIZED REPORTER SHARED HER GIFT WITH prophets issuing incessant revelations pre­ month from malnutrition and the N.M. dicting the printed world's imminent doom. (By Jim Belshaw) shortage of much-needed supplies. I Then I look again at Susan's photograph commend the IRA for its active partici­ Susan Landon, my friend and colleague of and I am reminded of what the job is sup­ pation in the lives of the people of Iraq. 20 years, died Sunday. She was 47 years old. posed to be-any job, not just ours. The pho­ She left a gift-a photograph! tograph transcends journalism, its simple While the IRA continues to help to At first, I believed the photograph spoke eloquence unable to be contained within the support the people of Iraq, I believe only to those of us who toil in journalistic confines of a single endeavor. that each of us must examine what role fields. But I was mistaken as well as myopic. This image of Susan with her pen and note we can play. It is essential that collec­ The photograph's message, clear and sharp pad is the image of a woman doing the job tively we begin to raise awareness con­ as a New Mexico autumn, is meant not just with no complaints, no excuses, no sleight of cerning this region of the world. Again, for the people who worked at Susan's side all hand, no gimmicks. these years but for anybody who cares to em­ I am deeply honored to lend my sup­ It speaks to anyone engaged in any under­ port to the work of the IRA and to the brace it. taking. It says the only thing that really The black-and-white photo shows a young counts is getting the job done. Anything else countless individuals whose own pri­ newspaper reporter on the job. She stands in vate efforts often go unnoticed. muddy, ankle-deep flood water. She writes in is just an excuse and deep in our hearts we all know it. To the Chaldean-American commu­ a notebook while the man whose name and nity and to the awardees, I send my words will appear in the next morning's My dear friend, Susan, has died and left a newspaper leans on the shovel he has been gift that at first glance seems to be a photo­ sincere best wishes and may the spirit using to fling muck out of his flooded home. graph but is much more. Susan left us a com­ of this evening continue to inspire each " Look who shot this," Susan said the first pass. It points to true north.• of you.• time she showed me the picture. Stamped on the back of the print was the name of the Journal photographer-Jim CHALDEAN FEDERATION OF TRIBUTE TO THE ST. THOMAS Nachtwey, a mutual friend who has gone on AMERICA DINNER AQUINAS SCHOOL to renown as one of the world's foremost • Mr. SMITH of New Hampshire. Mr. photojournalists. • Mr. ABRAHAM. Mr. President, I rise The picture is dated June 15, 1977; a hand­ today to acknowledge an important President I rise today to honor the St. written note on the back of the photo de­ event which is taking place in the Thomas Aquinas School in Drew, NH, scribes the scene's circumstances. State of Michigan. On this day, Octo- for receiving the State Champion 21370 CONGRESSIONAL RECORD-SENATE October 7, 1997 Award for the President's Challenge on have the opportunity to welcome His on R.R. 2378, the Treasury and general Physical Fitness. Royal Hig·hness Crown Prince El-Has­ Government appropriations bill for fis­ The State Champion Award is pre­ san bin Talal of the Hashemite King­ cal year 1998. sented to schools with the highest dom of Jordan to Detroit. Attending number of students scoring at or above the event with His Royal Highness will This bill provides new budget author­ the 85th percentile on the President's be several members of the Jordanian ity of $25.4 billion and new outlays of Challenge. Cabinet and His Exellency Dr. Marwan $22.5 billion to finance operations of The five assessments of the Presi­ Muasher, Ambassador to the United the Department of the Treasury, in­ dent's Challenge measure four compo­ States. The participation of Crown cluding the Internal Revenue Service, nents of physical fitness: a 1-mile run/ Prince Hassan and the other Jordanian U.S. Customs Service, Bureau of Alco­ walk for heart and lung endurance, emissaries affords everyone the oppor­ hol, Tobacco, and Firearms, and the .Fi­ curl-ups for abdominal strength and tunity to learn of new business and cul­ nancial Management Service; as well tural possibilities between Michigan endurance, a "sit and reach" stretch as the Executive Office of the Presi­ for muscular flexibility, pull-ups for and Jordan. Furthermore, as the key­ note speaker, Crown Prince Hassan will dent, the Office of Personnel Manage­ upper body strength and endurance, ment, the General Services Adminis­ and a shuttle run for agility. provide valuable insight for the Amer­ St. Thomas Aquinas is a private ican Arab Chamber of Commerce­ tration, and other agencies that per­ Catholic school filled with 300 students Michigan on the trade relationship be- · form central Government functions. in grades kindergarten through 8. tween the United States and Jordan. I congratulate the chairman and I am proud of the Arab-American Excelling in physical fitness is a ranking member for producing a bill positive step toward making heal thy community's continual efforts to foster relationships of goodwill. These efforts that is within the subcommittee's lifestyle choices that will provide life­ 302(b) allocation and generally con­ long benefits. I am very proud of the will go far in enhancing and promoting the community's image and under­ sistent with the bipartisan balanced students at St. Thomas Aquinas for standing throughout the United States budget agreement. I also commend the their accomplishments and applaud the and beyond. efforts and dedication of the school.• chairman for his strong support of law We can all be proud of these efforts. enforcement, including the Federal I also take pride in the American-Arab Law Enforcement Training Center. THE FIFTH ANNUAL AMERICAN Chamber of Commerce's efforts to in­ ARAB CHAMBER OF COMMERCE clude the entire spectrum of businesses When outlays from prior-year BA and BANQUET in Michigan. Members of the chamber other adjustments are taken into ac­ of commerce range in size from small count, the bill totals $25.4 billion in BA •Mr. ABRAHAM. Mr. President, today entrepreneurial · companies to large and $25.2 billion in outlays. The total I rise to extend my best wishes for the international corporations, with every bill is $2 million below the Senate sub­ American Arab Chamber of Commerce­ individual committed to promoting Michigan's annual banquet on October committee's 302(b) nondefense discre­ Michigan's economic vitality. This vi­ tionary allocation for budget authority 19. The American Arab Chamber of brant community adds a great deal to Commerce-Michigan will again hold Michigan, and I am very pleased to and outlays. The bill is at the sub­ this yearly event which recognizes in­ have the opportunity to recognize the committee's violent crime trust fund dividuals and their contributions in chamber's efforts.• allocation for BA and under its alloca­ helping to promote a strong Michigan tion for outlays by $8 million. economy. This year's banquet is an especially BUDGET SCORING OF THE CON- Mr. President, I ask to have printed notable event. October 19 marks the FERENCE AGREEMENT ON R.R. in the RECORD a table displaying the fifth year for the chamber of com- 2378 Budget Committee scoring of the con- merce's banquet. While this is worthy • Mr. DOMENIC!. Mr. President, I rise ference agreement on R.R. 2378. of note, I am especially honored to in support of the conference agreement The table follows: H.R . 2378, TREASURY-POSTAL APPROPRIATIONS, 1998, SPENDING COMPARISONS-CONFERENCE REPORT [fiscal Year 1998, $ millions]

Non· Manda· Defense defense Crime tory Total

Conference report: Budget authority 12,604 131 12,713 25,448 Outlays ...... 12,377 118 12,712 25 ,207 Senate 302(b) allocation: Budget authority ...... 12,606 131 12,713 25,450 Outlays ...... 12,379 126 12,712 25,217 President's request: Budget authority .. . 12,960 118 12,713 25,791 Outlays ...... 12,495 105 12,712 25 ,312 House-passed bill: Budget authority ...... 12.401 97 12,713 25,211 Outlays ...... 12,170 94 12,712 24,976 Senate-passed bill: Budget authority ...... 12,466 131 12,713 25,310 Outlays ...... 12,268 112 12,712 25,092 CONFERENCE REPORT COMPARED TO: Senate 302(b) allocation: Budget authority ...... - 2 - 2 Outlays ...... - 2 - 8 - 10 President's request: Budget authority . - 356 13 - 343 Outlays ...... - 118 13 - 105 House-passed bill: Budget authority .. .. 203 34 237 Outlays ...... 207 24 231 Senate-passed bill: Budget authority ...... 138 138 Outlays ...... 109 6 115 Nole: Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.• October 7, 1997 CONGRESSIONAL RECORD-SENATE 21371 FOCUS:HOPE'S "WALK 1997" The PRESIDING OFFICER. The check it off? Simply make a trip to the •Mr. ABRAHAM. Mr. President, I rise clerk will call the roll. Buddhist temple and fund your own today to pay homage to an organiza­ The bill clerk proceeded to call the campaign. tion which is working to help create a roll. The private sector works. If people better America. On Sunday, October 12, Mr. FAIRCLOTH. Mr. President, I want to support a candidate with their Focus:HOPE will hold its annual walk. ask unanimous consent that the order contributions, they will. But don't This walk raises awareness of the com­ for the quorum call be rescinded. force the taxpayers to fund the ideolog­ munity's needs and reaffirms The PRESIDING OFFICER. Without ical campaigns of candidates they don't objection, it is so ordered. support. And that is exactly where we Focus:HOPE's commitment to metro­ are heading. politan Detroit. Mr. President, as I said, there is a This year has been very challenging CAMPAIGN FINANCE REFORM need for campaign finance reform. I for Focus:HOPE. The organization was Mr. FAIRCLOTH. Mr. President have supported several specific items struck by a terrible tragedy: the loss of which I believe could help bring some Father Cunningham. His passing was a there is in this country a need for cam~ paign reform. Something could well be balance to the system. Indexing con­ blow to not only the program he found­ tributions would be one. Another is to ed, but to the entire Detroit commu­ done but the approach from the Clin­ ton-Gore administration is in no way a make sure that workers have an option nity. The dedication and vigor with whether they want to support the which he pursued his goal of creating sincere effort. It is a gossamer facade at reform. In reality, it is nothing union political activities or not. One of an environment where all people live in the most important things is to protect harmony was unsurpassed; his opti­ more than an attempt to divert peo­ ple's attention from the flagrant their paycheck. We need faster and mism and belief in Detroit was over­ fuller disclosure of contributions, and whelming; faced with the task before abuses of the campaign finance laws al­ ready on the books- laws they have if we really wanted to do something for him, his spirit remained undaunted. campaign finance reform we could go Truly, he was one man who made a dif­ broken on a regular basis. It takes absolute unmitigated gall with term limits, if we were really seri­ ference. This year Focus:HOPE's spirit ous about controlling it. was shaken and so too were its founda­ for President Clinton and Vice Presi­ Most importantly, politicians should tions. Earlier this year, storms swept dent GORE to talk about campaign fi­ start obeying the campaign finance through metropolitan Detroit, rav­ nance reform when they cannot and laws that are already on the books. aging the area. A tornado sped through have not obeyed the existing laws. For Why should we start passing more re­ the city and left Focus:HOPE's facili­ the President and Vice President to be form laws when in the past campaign ties severely damaged in its wake. talking about campaign finance re­ we saw the President and the Vice Now, Focus:HOPE is rebuilding. Al­ form, it would be similar to Jesse President break the ones that were though a great part of Focus:HOPE is James leading a crusade for stricter there day in and day out. And I am gone, Father Cunningham's vision lives bank robbery laws. They both remind tired of the " everybody did it" excuse on. The many volunteers and sup­ me of two people that have stolen your that we are hearing out of this admin­ porters walking this year represent a horses and go flying down the road by istration. Even if that were true, it is renewed commitment. Sunday will be your house saying " lock your barn, time for the President to muster the an occasion for the organization to re­ lock your barn." They have gotten the intestinal fortitude on his own and dedicate itself to helping provide every horses and gone. stop doing it. There is no excuse for needy individual with the means to The truth is that this is a first step him to do it because somebody- they succeed. Over the years, Focus:HOPE in a liberal effort to get the American were saying this morning in the hear­ has flourished and grown into a shining taxpayer to pay for political cam­ ing- 20 years ago did it. He should be example of what can be accomplished paigns. It would be a massive mistake responsible for himself. through dedication and hard work. As to take the electoral process away It is already illegal to accept con­ much as this occasion is a reflection on from the private sector and turn it into tributions from foreign countries. Why the past, it is more appropriately a another Federal Government bureauc­ do we not enforce the existing law time to contemplate what the future racy. And that is exactly what this bill rather than going for new ones? Mr. may hold. The 21st century is drawing would do. What they are hoping to do President, we need real campaign fi­ near and Focus:HOPE'stands ready to is to make campaigns a public bureauc­ nance reform but spare us the moral meet all challenges head-on. I am con­ racy paid for by the taxpayers whether outrage coming from President Clinton fident this year's walk will inspire peo­ they want to or not. When they talk and Vice President GORE. We have ple to follow Father Cunningham's lead about campaign finance reform, there enough cynicism in politics as it is and help make the city of Detroit, the is one thing they have in mind: Getting now. It is time to end it. It is time for their hands into the public till to pay the President and Vice President to State of Michigan, and the entire Na­ take responsibility for their personal tion a better place.• for their political campaigns. If you want to see how well public fi­ actions. nancing works, you can just look at Mr. President, I thank you and I DISTRICT OF COLUMBIA the 1996 Presidential campaign. Have yield the floor. APPROPRIATIONS ACT you ever seen a more flagrant disregard Mr. President, I suggest the absence of a quorum. Mr. LOTT. Mr. President, in view of for the laws of this country than hap­ pened in that? President Clinton and The PRESIDING OFFICER. The the agreement and the effort that has clerk will call the roll. been made by Senator MACK, Senator Vice President GORE didn't need to The bill clerk proceeded to call the GRAMM of Texas, and Senator GRAHAM raise money from Buddhist monks, roll. of Florida, they understand they have Asian temples, international arms Mr. FAIRCLOTH. Mr. President, I perhaps worked this issue out but they dealers, and the Chinese Government ask unanimous consent that the order want to actually get it written up, and because their general election cam­ for the quorum call be rescinded. they will have it available tomorrow paign was already paid for by the The PRESIDING OFFICER (Mr. morning. So we believe we can com­ American taxpayer s. But, no, they SMITH of Oregon). Without objection, it plete action on the District of Colum­ were so greedy they had to go every­ is so ordered. bia appropriations bill tomorrow. where and hunt every illegal contribu­ There will be no further votes this tion they could find. evening. The next vote will occur at They wonder why fewer and fewer ORDERS FOR WEDNESDAY, approximately 12 noon on Wednesday. Americans are checking off the con­ OCTOBER 8, 1997 I yield the floor. tribution box for the President's elec­ Mr. FAIRCLOTH. Mr. President, I I suggest the absence of a quorum. tion fund on their tax forms. Why ask unanimous consent that when the 21372 CONGRESSIONAL RECORD-SENATE October 7, 1997

Senate completes its business for the SUSANK . VUKOVICH . x... JOHN E. SOUZA, x... CRAIG 0 . FOWLER. x... TIMOTHY J . HEITSCH, x... day, it stand in adjournment until the DANIELS. CRAMER, x... JULIE A. GAHN, x... hour of 11 a.m. on Wednesday, October JOHN J . METCALF, x... DONALD E. CULKIN, x... STEVEN J . REYNOLDS, x... BYRON L. BLACK, x... 8. I further ask that on Wednesday, im- SEAN M. MAHONEY , x... JAM ES E. HANZALIK, x... mediately following the morning pray- KEVIN J . MCKENNA , x... KURT A. SEBASTIAN, x... CHRISTOPHER E. ALEXANDER, x... GREGORY J . SANIAL, x... er, the routine requests through the JAMES W. SEBASTIAN, x... FRANK R. PARKER. x... morning hour be granted and the hour HAN KIM . x... JOHN A. HEALY . x... PHYLLIS E. BLANTON, x... TINA L. BURKE. x... prior to the cloture vote on S. 25 be ANDREW C. PALMIOTTO, x... JOHN D. WOOD, x... equally divided in the usual form and MATTHEW K. CREELMAN , x... JAN M. JOHNSON, x... CALEB CORSON, x... TIMOTHY G. STUEVE, x... the mandatory quorum under rule XXII MARCH H. NGUYEN. x... KEITH A. RUSSELL, x... be waived. CYNTHIA L. STOWE, x... JOHN F. MORIARTY, x... CHARLES JENNINGS. x... MICHAEL P. RYAN, x... The PRESIDING OFFICER. Without MARY J . SOHLBERG. x... JOHN B. SULLIVAN. x... objection, it is so ordered. JOHN F . MALONEY , x... LARRY R. KENNEDY , x... CRAIG T. HOSKINS , x... ROBERT P. HA YES. x... JAMES P . MCLEOD. x... STUART L. LEBRUSKA. x... RAYMOND D. HUNT, x... CHRISTOPHER J . MEADE, x... PROGRAM KENNETH V. FORDHAM , x... CHARLES A. RICHARDS, x... JONS. KELLAMS, x... DONALD JILLSON. x... Mr. FAIRCLOTH. Tomorrow, at 11 KEITH M. SMITH, x... CHARLES E. RAWSON, x... DONNA L. COTTRELL, x... JANET E. STEVENS. x... a.m., the Senate will begin debate on JAMES W. CROWE, x... CHRISTOPHER D. NICHOLS, x... the motion to invoke cloture on S. 25, PETERD . CONLEY , x... JOEL D. SLOTTEN, x... KELLY L . KACHELE, x... DOMINIC DIBARI. x... the McCain-Feingold finance reform SCOTT A. BUTTRICK, x... STEPHEN P. CZERWONKA, x... bill. Therefore, the cloture vote will JANET R . FLOREY, x... KURT C. OBRIEN, x... MELISSA A. BULKLEY, x... ROBERT T. MCCARTHY . x... occur at 12 noon tomorrow with the JAMES H. WHITEHEAD, x... KEVIN P. FREEMAN, x... mandatory quorum being waived. As- WILLIAM R. KELLY , x... JOEL D. DOLBECK, x... JASON LYUKE, x... RICHARD D. FONTANA. x... suming cloture is not invoked, the Sen- JOHN M. DANAHER, x... SEAN M. BURKE, x... ate will then move to proceed to S. JOHN E . BORIS. x... EDGARS A. AUZENBERGS, x... MARK D. BERKELEY, x... JOEL D. MAGNUSSEN, x... 1173, the so-called !STEA legislation. RICHARD A. SANDOVAL, x... MICHAEL J. LOPEZ, x... Hopefully, the Senate will be able to CHARLES M. GREENE , x... THOMAS F. RYAN. x... BRIAN P. HALL. x... ALAN N. ARSENAULT. x... make good progress on that legislation ERIC P. CHRISTENSEN, x... PETER N. DECOLA, x... with votes occurring Wednesday after- RONALD J . HAAS, x... THOMAS G. NELSON, x... MARK D. WALLACE , x... JAM ES CARLSON. x... noon on the !STEA bill. As previously MATTHEW C. STANLEY, x... PH ILIP J . SKOWRONEK. x... announced, the Senate may also con- FRANK G. DELEON , x... PAT DEQUATTRO. x... RODD. LUBASKY, x... DAVID M. DERMANELIAN, x... sider any appropriate conference re- DARCY D. GUY ANT. x... AUSTIN J. GOULD. x... ports that may be available. PERRY S . HUEY. x... STEPHEN M. SABELLICO. x... DONALD F. POTTER, x... ANDY J . FORDHAM , x... I sugg·est the absence of a quorum. KEVIN M. BALDERSON, x... SCOTT D. PISEL, x... The PRESIDING OFFICER. The PATRICK FLYNN. x... LAURENCE J . PREVOST. x... WAYNE A. STACEY . x... JOSEPH M. PESCI , x... clerk will call the roll. PATRICK G. MCLAUGHLIN. x... CHARLES L. CASHIN. x... The bill clerk proceeded to call the WAYNE C. CONNER. x... JESSE K. MOORE. x... S. PHELPS . x... GLENN M. SULMASY, x... roll. MICHAEL G. BLOOM . x... MATTHEW J . ZAMARY, x... Mr. FAIRCLOTH. Mr. President, I ROGER D. MASON, x... ANTHONY S. LLOYD, x... MICHAEL W. DUGGAN. x... KIRK A. BARTNIK, x... ask unanimous consent that the order BRUCE E. GRAHAM . x... WILLIAM J. WOLTER, x... for the quorum call be rescinded. LAMBERTO D. SAZON , x... FRANCIS E. GENCO, x... HENRY D. KOCEVAR, x... DAVID P. CROWLEY, x... The PRESIDING OFFICER. Without BRUCE D. HENSON, x... JOSEPH F. HESTER, x... objection, it is so ordered. SEAN A. MCBREARTY , x... JOHN C. RENDON, x... ROBERT C. WILSON, x... CHARLES S. CAMP. x... GARY L. BRUCE. x... WILLIAM R. MEESE. x... JIM L. MUNRO, x... MICHAEL P. CAROSOTTO. x... ADJOURNMENT UNTIL 11 A.M. KEVIN P. FROST. x... STEVEN A. BANKS. x... ROBERT D. KIBK, x... JOSEPH E. MANJONE, x... TOMORROW WILLIAM L. STINEHOUR, x... TIMOTHY F. PETTEK , x... SCOTT B. VARCO, x... KEITH T. WHITEMAN, x... Mr. FAIRCLOTH. Mr. President, if DAWAYNE R. PENBERTHY. x... JAM ES E. SCHEYE, x... there is no further business to come be- KEITH R. BILLS. x... JOSEPH E. BALDA, x... RICHARD K. WOOLFORD, x... JAM ES R. OLIVE, x... fore the Senate, I now ask unanimous TIMOTHY A. ORNER, x... JAM ES TABOR. x... consent the Senate stand in adjourn- DOUGLAS M. GORDON, x... GARY A. CHARBONNEAU. x... JAM ES D. JENKINS. x... EDWARD J . CUBANSKI, x... ment under the previous order. LARRY D. BOWLING . x... ERIC G. JOHNSON, x... There being no objection, the Senate, DREW J. TROUSDELL. x... PATRICK J . MCGUIRE, x... SCOTT W. BORNEMANN, x... BRADFORD CLARK. x... at 5:08 p.m., adjourned until Wednes- PAUL A. TITCOMBE, x... JOSEPH J. LOSCIUTO, x... day, October 8, 1997, at 11 a.m. WILLIAM M. DRELLING, x... VICTORIA A. HUYCK. x... KRISTIN A. WILLIAMS, x... ROMUALDO DOMINGO, x... JOHN E. HURST. x... CAMERON T. NARON, x... KEVIN D. CAMP, x... JASON A. FOSDICK, x... STEVEN W. POORE, x... ADAM J. SHAW, x... NOMINATIONS ARTHUR R. THOMAS. x... IAN LIU, x... THOMAS E. CAFFERTY , x... PATRICK FOLEY , x... Executive nominations received by JEFFREY A. REEVES, x... BASIL F. BROWN, x... the Senate October 7, 1997: RONALD L. HENSEL , x... GEORGE M. ZEITLER. x... MARC P. LEBEAU. x... CHRISTIAN J . HERZBERGER, x... IN THE COAST GUARD BARRY 0 . ARNOLD. x... ROBERT F. OLSON, x... SAMUEL SHORT , x... MICHAEL Z. ERNESTO, x... THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT GARY E . BRACKEN , x... MITCHELL C, EKSTROM, x... TO THE GRADE INDICATED IN THE U.S. COAST GUARD DAVID C . HARATT , x... MICHAEL D. CALLAHAN. x... UDNER TITLE 14 UNITED STATES CODE, SECTION 271 : RICHARDT . GATLIN . x... ROBERT E. STYRON, x... To be lie ute nant commander JOSEPH P . KELLY , x... DOUGLAS M. RUHDE, x... ERIC V . WALTERS . x... DARWYN A. WILMOTH, x... THOMAS FLORA, x... COREY J . JONES , x... STEVEN M. SHERIDAN. x... ALFREDO T. SORIANO. x... MICHAEL J . BOSLEY . x... JAM ES B. NICHOLSON. x... WILLIAM E. THOMPSON. ROGER R . LAFERRIERE . x... JOSEPH L. DUFFY , x... ALLEN B. CLEVELAND, x... JOHN G . KEETON , x... ROBERT A. LAAHS, x... TIMOTHY M. FITZPATRICK, x... ROB ERTS . YOUNG . x... CEDRIC A. HUGHES. x... MICHAEL J . KELLY , x... . JOHN J . DOLAN . x... CARMEN T. LAPKIEWICZ. x... PETER W. SEAMAN, x... ALAN W . CARVER , x... GLENA T. SANCHEZ, x... WILLIAM P . GREEN, x... LEONARD C . GREIG . x... RODERICK D. DAVIS, x... JOHN R. TURLEY . x... DAVID A. WALKER . x... BRIAN K. GOVE, x... MARKUS D. DAUSSES. x... DAVID L . HARTLEY , x... RUSSELL C. PROCTOR. x... JOHN L. BRAGAW. x... MICHAEL A . MEGAN . x... GERARDO MORGAN, x... GLENN L. GEBELLE, x... WILLIAM J . BOEH , x... DAVID S. FISH, x... MICHAELS. SABELLICO, x... STEWART M . DIETRICK , x... KEVIN C. BURKE, x... LAURA H. o·HARE, x... THOMAS TARDIBUONO , x... MICHAEL A. JENDROSSEK. x... October 7, 1997 CONGRESSIONAL RECORD-SENATE 21373

TONY C. CLARK, x... MARGARET S. BEAUBIEN, x... ANDREW M. DAVIDSON, x... ROBERT D. PHILLIPS , x... THOMAS BECKMAN, x... GREGORY W. DAVIS, x... STEVEN R. SATOR, x... BORIS S. BELCHOFF, x... SUBRATO J. DEB, x... THEODORE R . SALMON, x... BRYAN L. BELL, x... MONTER. DEBOER, x... JASON L. TENGAN, x... DARL V. BELL, x... DEBRA A. DELEO, x... MARKS . RYAN, x... THERESA A. BELL, x... EUGENE D. DELLAMAGGIORE, x... ROBERT J . GREVE. x... JOHN L . BENDER, x... JULIE D. DELVECCHIO. x... PETER M. KILFOYLE, x... JOSEPH A. BERNETSKI, x... BRIAN J. DEMASTER, x... BRIAN K. MOORE, x... SCOTT A. BERNOTAS, x... EDWARD A. DEMPSTER, x... WILLIAM F. ADICKES, x... JON BERRY , x... JOHN E. DEORDIO, x... MARK J . WILBERT, x... BRUCE A. BETTS. x... KRISTI B. DEPPERMAN, x... THURMAN T . MAINE, x... WALTERS. BEW, x... JUDITH M. DICKERT, x... CRAIG A. PETERSEN, x... MANUEL A. BIADOG, x... KENNETH DIXON, x... ROBERT I. GRIFFIN, x... SEAN BIGGERSTAFF, x... ROBERT N. DOBBINS, x... DONALD R . LING. x... JOSEPH B. BLACKBURN, x... MAT'l'HEW C. DOLAN, x... JEFFREY S. HUDKINS. x... TAMMY BLANKENSHIP, x... REBECCA L. DONALDSON, x... MARK J , GANDOLFO, x... BARRY R. BLANKFIELD , x... CHRISTOPHER R. DONOVAN, x... DIRK A. GREENE, x... ALISA J. BLITZSEIBERT, x... ANTHONY P. DORAN, x... DAVID J. ROKES, x... ELDON G. BLOCH, x... CHRISTINE E. DORR, x... TODD A, TSCHANNEN, x... ANGELA J . H. BOATMAN, x... LISA S. DOWNING, x... MICHAEL R. OLSON, x... SUSANK. BOBO, x... GERALD W. DRYDEN, JR , x... PATRICK H. BONDAD, MARIBETH T. DUFFY, x... IN THE ARMY x... SIDNEY L. BOURGEOIS, x... LOLA DURHAM, x... THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MARK J . BOURNE, x... KATHLEEN DURYEA, x... TO THE GRADES INDICATED IN THE U.S. ARMY AND FOR BRENDA F. BRADLEY, x... JEFFREY J . DYER, x... REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK DENA A. BRADLEY, x... LAURA M. DYER, x... (*)) IN THE MEDICAL CORPS UNDER TITLE 10. UNITED JIMMY A. BRADLEY, x... TEDDIE L. DYSON, x... STATES CODE, SECTIONS 624 , 628, 531 , AND 3064: ROBERT R. BRASWELL, x... GUS EADY, x... DENISE BREAULT, x... MARVIN R. EARLES, x... To be lieutenant colonel KEVIN M. BREW, x... MATTHEW L. EARLY . x... KENNETH J . BROOMER, x... WALTER E. EAST, x... REED S . CHRISTENSEN, x... BENEDICT J . BROWN. x... MICHAEL E. EBY , x... *THADDEUS J . KROLICK!, x... CARLOS V. BROWN, x... DEMETRI ECONOMOS, x... *ROBERT W. WILKESON, x... PATRICK C. BROWN, x... BARBARA A. ELKO, x... To be major PATRICK W. BROWN, x... JEROME G. ENAD, x... FORREST R. BROWNE, III, x... JOHN W. EPLING, x... RAMCHANDRA J. LAHORI, x... MARGUERITE D. BRUCE, x... PHILIP J . EV ANS, x... STEPHEN C. LEE, x... JOHN D. BRUG HELLI, x... TODD L. EV ANS, x... JAMES E. RAGAN. x... WILLIAM C. BRUNNER, x... RONALD D. EVERS, x... DORRIE E. BRYSON, x... LENORE R. EZERNACK, x... THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT FREDERICK F. I. BURGESS, x... TED M. FANNING, x... TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR JAMES L. BURK, x... JACKIE S- FANTES, x... REGULAR ARMY APPOINTMENT (IDENTIFIED BY AN AS- JOSEPH F. BURKARD, x... PETER T. FAVREAU, x... TERISK(*)) UNDER TITLE 10, UNITED STATES CODE. SEC- ALAN L. BURLINGAME, II, x... JASON S. FEINBERG, x... TIONS 624, 628, AND 531: SUE A. BURNETT. x... JOSE J. FERNANDEZ, JR , x... To be major CASEY C. BURNS. x... WENDY C. FEWSTER, x... MARK L. BUR'l'MAN, x... DANNY E. FIELD , x... PERRY W. BLACKBURN, JR ., x... STANLEY R. BUSH, x... PAULE. FINLEY, x... *PAUL A. WHITTINGSLOW, x... MAUREEN R. N. BUTLER, x... TERENCE FINNERTY. x... JACK C. CAIN, JEFFREY A. FISCHER, IN THE MARINE CORPS x... x... MARGARET CALLOWAY, x... KEVIN FITZPATRICK, x... THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOSEPH A. CAMPBELL, x... JOSEPH W. FLANAGAN, x... TO THE GRADE INDICATED IN THE U.S. MARINE CORPS NICHOLAS M. CARDINALE, x... JONATHAN T . FLEENOR, x... UNDER TITLE 10 , UNITED STATES CODE, SECTION 624: ROY J. CARLS, x... CAROLINE M. FLINT, x... BRETT B. CARMICHAEL, x... MARIA C. FLYNN, x... To be lieutenant colonel WILLIAM S. CARNEYALI, x... BRYAN A. FOX, x... DAVID T. CARPENTER, x... THOMAS C. FRANCHINI, x... PAUL D. MCGRAW, x... RONALD K. CARR, x... MICHAEL I. FREW, x... IN THE NAVY KEVIN J . CARRIER. x... MARK A. FRIEND , x... THOMAS P. CARROLL, x... DAVID R. FULCHER. x... THE FOLLOWING-NAMED OFFICERS FOR REGULAR AP- JOHN J . CARTY, x... CRAIG A. FULTON. x... POINTMENT TO THE GRADE INDICATED IN THE U.S. NAVY HAROLD H . CASERTA , x... LEONARD T. GAINES, x... UNDER TITLE 10 , UNITED STATES CODE, SECTION 531 BROOKS D. CASH, x... ROBERT E. GAINOR, x... (IDENTIFIED WITH AN ASTERISK) AND x... : PEDRO L. CASINGAL, JR, x... GREGORY GANSER. x... To be lieutenant ANTHONY P. CATANESE, x... DARIN S. GARNER, x... THOMAS G. CATENA, x... STEPHEN G. GARNER, x... RODANTECATUBAY, *FREDERICK BRASWELL, x... xx... DANIEL C. GAUGHAN. x... *KENNETH S. LANE, x... KEITH C. CELEBREZZE, x... MICHAEL R. GAURON, x... VIDMANTAS A. CEMARKA. JANET M. K . GEHRING, EDWIN A. THARPE, x... x... x... JAY E. CHAMBERS, x... REX W. GERDING, x... IN THE NAVY CONNIE CHAN, x... RICHARD R. GESSNER, x... MARK K. CHO, x... CHERYL A. GIBSON, x... THE FOLLOWING-NAMED OFFICERS FOR APPOIN'l'MENT STEPHEN L . CHRISTOPHER, x... KEVIN GILDNER. x... TO THE GRADE INDICATED IN THE U.S. NAVY UNDER MICHAEL A. CIAMPI, x... DANIEL N. GILL, x... TITLE 10, UNITED STATES CODE, SECTION 624: GARY B. CLARK, x... STEPHEN M. GILL, x... To be lieutenant commander JAMES F. CLEARY, x... MARK T. GILLAND , x... TIMOTHY L . CLENNEY, x... MERRILL L. GLADDEN, JR , x... LEIGH P. ACKART, x... DAVID W. CLINE, x... DANIEL J. GLATT, x... GILBERTO ACOSTA, x... THOMAS R. CLOUTHIER, x... TODD E. GOODE, x... SALVADOR AGUILERA, x... STEVEN J. COATY. x... BRIAN M. GOODWIN, x... MICHAEL T . AKIN, x... HARRIET E. COFFEY, x... SCOTT H. GOODWIN, x... PAUL M. ALEXANDER, x... LINDA J . COLEMAN, x... KELVIN J. GOODWINE, x... D ANIELL. ALLEN, x... SHERI R. COLEMAN. x... MATTHEW O. GOTCH, x... JENNIFER M. ALLEN, x... JAMES A. COLLINS, x... WILLIAM R. GRAF. x... KATHRYN A. ALLEN. x... JOHN P. COLMENARES, x... KARIS K. GRAHAM, x... STEVEN E. ALLEN, x... LINDA A. CONIGLIO, x... JOHN C. GRAVES, x... DAVID C. ALLISON, x... KATHERINE H. CONNOLLY , x... WALTER M. GREENHALGH, x... LOUIS AMBLARD, x... ALBERT E. COOMBS, x... JIM M IES . GRIFFEA, x... PAMELA K. AMBROZ, x... CATHERINE S. COPENHAVER, x... JAMES M. GRIMES, x... KARLYNA L . D. ANDERSEN, x... JOHN CORONADO. x... JOHN L. GRIMWOOD. · x... JAMES J . ANDERSON, x... PATRICIA M. CORSELLO, x... MARGARET M. GRISSINGER, x... THERESA M. ANTOLDI, x... MICHAEL T . COURIS, x... JOHN C. GROESCHEL, x... JOEL M. APIDES, x... ROBERT R. COX, x... KURT E. GRUNAWALT, x... JULIA J. ARCHER. x... STEPHEN COX, x... RODNEY L. GUNNING, x... MARC E. A. ARENA, x... RANDAL B. CRAFT, x... PAULE. GUTT, x... ELLEN A. ARGO, x... KEVIN L. CRAIG, x... MICHAEL N. HABIBE, x... JAMES B. ARON, x... TIMOTHY G. CRAVEN, x... BRADLEY H. HAJDIK, x... DALE A. BAKER, x... LUZ M. CRELLIN. x... BEVERLY HALL, x... RANDY L. BALDWIN, x... JAMES R. CRISFIELD , JR. x... KRIS B. HALL. x... MARILOU P. BARKER, x... MARK C. CROWELL, x... MICHAEL A. HALL, x... CHRISTOPHER P. BARNES, x... RACHELE A. CRUZ , x... CRAIG S. HAMER, x... TIMOTHY D . BARNES, x... ERIC E. CUNHA, x... JADA L. HAMILTON, x... STEVEN M. BARNEY, x... MARKS . CURNOW, x... KEITHE A. HANLEY, x... BENJAMIN J . BARROW. x... DEBORAH A. CURRAN. x... DOUGLAS W. HANNA, x... MICHAEL M. BATES, x... SCOTT A. CURTICE, x... MICHAELS. HANSEN, x... THOMAS E. BATES, x... DALE P. CURTIS, x... GERALYN A. HARADON, x... KRISTEN M. BATTAGLIA, x... ERIC W. CZANDER, x... ERIC P . HARDEE, x... LAWRENCE L. BATZLOFF, x... RHODEL F. DACANAY, x... JOHN V. HARMON, x... WILLIAM P. BAUGH, x... MASON X. DANG, x... DENISE Y. HARRINGTON, x... LYNN L. BEACH. x... ELIZABETH A. DANIS, x... ROBERT A. HARRIS, x... LUNDY BEARD, x... TIMOTHY M. DANNEMILLER, x... GREGORY W. HARSHBERGER, x... JAMES G. BEASLEY , x... AGNES G. DAVID. x... SHEHERAZAD A. HARTZELL, x... - .. ,=:------.. -. . . . .

21374 CONGRESSIONAL RECORD- SENATE October 7, 1997

WILLIAM P . HAYES. x... CONY. LING, x... RICHARD M. PANKO, x... WILLIAM R. HAYES , x... GLENN J . LINTZ , x... JOHN J . PAPE, x... CHARLES K. HEAD, x... FRANCESCA K. LITOW, x... RONALD D. PARKER, x... MARJORIE F . HEBERLE, x... DAVID P . LONCARICH, x... GARY V. PASCUA, x... DANIEL J . HEBERT, x... DONALD A. LONERGAN, x... THERESA M. PAS ERB, x... PENNY M . HEISLER , x... ROGER D . LORD . x... JEANMARIE PATNAUDE, x... JAMES D. HELLAUER. x... MICHAEL J . LOUTHAN, x... KELLY S. PAUL. x... MICHAEL N. HENDEE. x... ANN M. LUCAS, x... RICHARD J . PAVER, x... CHRISTOPHER C. HENDERSON, x... ANNA W. LUCAS . x... VIOLE'I' A. A. PAYNE, x... JENIF ER L. HENDERSON. x... STACEY L. LUDLOW. x... ERICK PERROUD . x... ERROL D . HENRIQUES. x... PATRICK F . LUEDTKE, x... MARIA E. PERRY. x... JOHN M. HERNANDEZ. x... JOSEPH P . LUKASIEWICZ, x... DARRYL N. PERSON, x... JOY M. HERNANDEZHORTON, x... THOMAS C. LUKE, x... TODD B. PETERSON, x... JAVIER HERRERA, x... MARY A. MACY, x... JOANNE M. PE'I'RELLI. x... THOMAS D. HICKEY, x... RICHARD N. MAENHARDT. x... MARK J . PETRUZZIELLO, x... THOMAS E. HICKEY, x... JASON D. MAGUIRE. x... ROSELLE C. PETTORINO. x... JAM ES F . HILES , III, x... RICHARDT. MAHON, x... GARY M. PHILLIPS , x... JAM ES M. HILL, x... GERARD J. MAHONEY, x... BRANT D. PICKRELL. x... MARY C. HILTON, x... ROBERT R. MAIN. x... STEPHEN P . PIKE. x... KEVlN W. HINSON, x... WILLIAM W. MAK, x... PAMELA M. PLETCHER , x... SCOTT HINTON, x... MARTIN A. MAKELA, x... JEF F R EY M. PLUMMER. x... CHARLES C. HOFF , x... DOUGLAS J. MARSHALL, x... DAVID S . PLURAD , x... WILLIAM K. HOLLAND, x... KEVIN M. MARTIN. x... JAM ES B. POINDEXTER, III. x... HARNATH C. HOLMES, x... THOMAS C. MARTIN, JR , x... MARK A. POLCA, x... ANTHONY R . HOOVLER. x... CARLOS J . MARTINEZ, x... ROBERT J . POMPHREY, x... MICHAEL T. HOPKINS, x... JESUS MARTINEZ. x... JOAN POOCHOON, x... MARY C. L. HORRIGAN. x... KEVIN J . MASON, x... TIMOTHY J . POREA. x... LILY X. HOU, x... MARSHALL L. MASON, ID, x... MAE M. POUGET, x... RAYMOND G. HOULE, x... THERESA M. P. MASON, x... THOMAS M. PRATER , x... MARK H. HOVATTER, x... GARY L. MASTERS. JR . x... KEVIN T. PRINCE, x... MARCUS H. HOWELL, x... JOHN W. MAURICE, JR . x... JAM ES A. PROTIN, x... CHARLES R. HOWSARE, x... CHRISTOPHER B. MAWN, x... LARRY J . PRUITT. x... DAVID R . HOYT, x... BRUCE C. MAXWELL. x... KENNETH G. PUGH, x... FRANK J . HRUSKA, x... CHRISTOPHER J . MCARTHUR. x... CHARLES T . PULLEN. x... JENNIFER A. HUEBNER, x... STACY MCBROOM , x... SALLY R. PULLEN. x... DONALDS . HUGHES, x... MARTIN D. MCCUE. x... SCOTT W. PYNE. x... WALTER B. HULL, x... ,JOHN M. MCCURLEY, x... CHRISTOPHER S. QUARLES . x... JOHN F. HUNT, x... DAVID M. MCELWAIN, x... RICHARD D. QUAT'l'RONE. x... ROBERT J . HUNT, x... RONALD C. MCGAUGH. JR , x... TIMOTHY R . QUINER, x... THANH T . HUYNH, x... MICHAEL T . MCHALE. x... JEF F R EY D. QUINLAN, x... JOEL INMAN, x... GEORGE R . MCKEMEY, x... JAM ES D. RAILEY, x... MARK R. IPPOLITO, x... DENNIS P . MCKENNA. x... ROBERT C. RAYMOND, x... CURTIS M. IRBY, x... SHANTHA C. MCKINLAY. x... D ONS. RAYMUNDO, x... GILLIAN V. JAEGER , x... JOSEPH P. MCMAHON, II, x... LESLIE E. REARDANZ , III, x... JULIE A. JARVIS . x... ELLEN M . MCMANUS, x... MARK A. REED, x... M. Z. JASSER , x... DANIEL A. MCNAIR, x... WILLIAM J. REED . x... ELESIA M. JEMISON, x... JOHN M. MCVEIGH. x... WILLIAM F. REICH. IV, x... ROBERT M. JENNINGS , x... MICHAEL J. MEDINA, x... MICHAEL R . RETDER. x... JAM ES JOHNSON, JR . x... KENNETH J . MELCHIORRE, x... RICHARD N. REILLY . x... LAURENCE C. JOHNSON, x... JAM ES J. MENSCHTNG, x... EDWARD W. RHOMBERG, x... MARILANNE JOHNSON. x... JANET L. MENZIE. x... RANDY S . RICH, x... PETER M. JOHNSON, x... ROBERT D. MENZIES, x... DAWN D . RICHARDSON, x... RANDALL G. JOHNSON. x... BRETT T. METCALF . x... MONIQUE R. RICHEY, x... CHRISTINE M. JOLLY, x... THOMAS P . MEZZETTI. JR, x... WILLIAM G. RINCON. x... GREGORY W. JONES , x... MICHAEL H. MICHALSKI, JR . x... JUAN P. RIVERA, x... SHERRY K. JONES, x... M AR KE. MICHAUD . x... STEVEN R. ROBERTS , x... TAMMY C. JONES . x... CHARLES H. MILLER. IV, x... GARY C. ROBERTSON, x... BENJAMIN W. JORDAN. x... JEF F R EY S . MILLER, x... DAVID F. ROCKWELL. x... STANLEY J. JOSSELL , x... FREDERICK W. MINOR. x... LAUREN P . RODIER, x... MILAN J . JUGAN, JR, x... ALLEN 0. MI'l'CHELL, x... SHELLY D. ROGERS , x... RICHARD D. KACERE, x... JACK H. M ITSTIFER . x... STACY J. ROGERS, x... ALEXANDER J. KALLEN, x... GORDON E. MODARAI. x... MENDEZ A. E. ROIS. x... KENN K. KANESHIRO, x... LUIS M. MOLINA. x... SALLY A. ROLDAN, x... FREDERICK C. KASS, x... GEORGE R . MOON. x... BRUCE A. ROLL. x... · SARA M. KASS , x... THOMAS F . MOONEY, III, x... MARY A. RONALD. x... KIMBERLY M. KAUFFMAN, x... JOLENE M. MOORE, x... SHARON L. RONCONE, x... NINA L. KAZEROONI, x... LESLIE A. MOORE. x... MICHAEL J . ROPIAK, x... THOMAS J. KEANE, x... MICHAEL K. MOORE. x... P HILIP G. ROSENBERG, x... DAVID J. KEBLISH. x... THOMAS P. MOORE, x... BARBARA C. ROSENTHAL, x... FRANCES G. KELLER , x... DONNA M. MORGAN, x... JASON J. ROSS, x... FREDERIC J. KELLEY, Il I, x... ROBERT C. MORRIS . x... MICHAEL B. ROTH. x... EDWARD W. KELLY, x... CHRISTOPHER S. MOSHER. x... M ICHAELS . ROUNDY, x... JOHNS . KENNEDY, x... SHERYL B. MOVSAS, x... MARY K. RUSHER. x... TINA L. KEY. x... ANDREW B. MUECK, x... JOSEPH F . RUSSELL IV. x... PAUL C. KIAMOS , x... M ARKS. MURPHY. x... MICHAEL H. RYAN, x... BARBARA J . KINCADE, x... MICHAEL B. MURPHY, x... ERICA L. SAHLER. x... KRISTIAN J . KINEL. x... SCOTT J . MURPHY, x... NYDIA I. SANCHEZ. x... KEVIN L. KLETTE, x... MICHAEL J . MURRAY, x... JOHN W. SANDERS III, x... MARK A. KOBELJA, x... JOSEPH S . MYERS, JR ., x... JOHN T . SANTOSALVO, x... JOSEPH J. KOCHAN, III. x... MICHAEL A. NACE, x... FRANKLIN R . SARRA. JR ., x... TADEUSZ J. KOCHEL, x... JOHN H. NAGELSCHMIDT, x... ELIZABETH K. SATTER. x... RONALD J . KOCHER. x... HELEN A. NAPIER, x... RICHARD B. SAUL, x... PETER H. KOPFER, x... WILLIAM C. NASH. x... TROY SAUNDERS, x... KAREN J. KOPMANN, x... KENNETH T. NATIONS, x... MICHAEL A. SAVANNAH, JR .. x... PATRICK M. KORTEBEIN. x... DANIEL X . NESBITT, x... JOSEPH W. SCHAUBLE, x... ERNEST P . KOTSOS, x... JOHN B. NEWMAN, x... MARY D. SCHETZSLE, x... TODD M. KRAFT, x... WILLIAM C. NEWTON, x... BRYAN P. SCHUMACHER. x... WILLIAM K. KREBS. x... TRANG D . NGUYEN. x... LINWOOD R . SCHWARTZ, x... MATTHEW L. KRONISCH, x... SANDOR S . NIEMANN, x... CLIFFORD G. SCOTT. x... DAVID G. KUPKOWSKI, x... ANGELA S. NIMMO, x... DELENE SCRAFFORD , x... WILLIAM E. KUTZERA , x... GREGORY P. NOONE, x... SCOT'!' M. SEATON, x... CHARLES S . KUZMA, x... ROBIN Y. NOYES , x... ROBERT E. SEDLACK, x... GREGORY L. LABENZ, x... ELV1N R . NUNES , II, x... P ETER W. SEELEY, x... CARLA R. LAMB, x... ANITA M. NUSBAUM, x... HELEN N. SEMPIRA. x... JOSEPH M. LARA, x... ROBERT C. NUSBAUM . x... DAVID A. SERAFINI. x... PATRICK R . LARABY. x... ROBERT B. OAKELEY. x... JAVAID A. SHAD, x... CATHY T. LARRIMORE, x... JAM ES M . OAKS. x... DAVID G. SHELDON. x... THOMAS R. LATENDRESSE. x... h.'RISTIN L. OAKS. x... MICHAEL A. SHERMAN. x... JOSEPH T . LAVAN. x... KATHRYN A. OBRIEN. x... THOMAS Sf f iEH, x... PATRICK L. LAWSON, x... WILLIAM F . OBRIEN, x... RUSSELL D . Si l l LLING, x... RANDAL K. LEBLANC. x... MICHAEL J . ODONOGHUE, JR .. x... JAM ES H. SIMON, x... JEF F R EY S . LECLAIRE, x... CHRISTOPHER OHARA, x... P AULE. SIMS, x... JONATHAN Y. LEE, x... DAVID A. OLIVER, x... ALLEN J . SKIBBA. x... NORMAN LEE, x... LORI K. OLIVER. x... WILLIAM T. SKINNER, x... PATRICIA LEE, x... DONALD E. OLOFSSON, x... DOROTHEA A. SLEDGE, x... JOHN W. LEFA VOUR, x... DANIEL W. ONEILL. x... STEPHANIE M . SMART, x... PAUL H. LENTO. x... LUIS A. ORTEGA. x... DAVID M. SMITH. x... SCHALK J . LEONARD, x... CHERYL A. OSTROWSKI. x... GORDON R . SMITH, x... WILLIAM J . LEONARD, JR , x... MICHAEL OTTNEY. x... MARK W. SMITH, x... THOMAS A. LEONG, x... JOSEP H F . PALERMO, x... SER ESE Y. SMITHHAXTON, x... SHARRON A. LEWIS , x... DEIDRA R . C. PALMER, x... MARK E. SNIDER, x... JAMES R. LIBERKO. x... JOHN T. PALMER, x... MICHAEL S. SNYDER , x... 21375 October 7, 1997 CONGRESSIONAL RECORD- SENATE CHRIS E. MCDANIEL, x... DAVID R. BALLANCE, x... KAREN M. SOMERS, x... STEPHANIA Y. MCGARITY, x... THOMAS C. BEHNE, x... PAULS . SON, x... ROBERT E. MERCER, x... THOMAS C. H. SONG , NONITO V. BLAS, x... DARRELLE. MERON. x... KARL J . BLAU x... GARY A. SPENCER. x... xx... SEAN M. MERSH, x... JAM ES B. BLEAKLEY . x... ROBERT C. STABLEY. x... MARK A. MESKIMEN, x... ROGER J . BROUILLET, x... DAVID A. STAHL, x... ANTHONY 0 . MILLER. x... ALEX S. BROWN, PETER G. STAMATOPOULOS, x... x... PHILLIP G. MILLER, x... HOMER W. BUCKNER. DIANNE STANTONSANCHEZ, x... x... WILLIAM F. MILLER, x... LAWRENCE C. CALLAHAN, x... J . C. STARK. x... RICHARD J . MORAWSKI, x... DENNIS L. CAMERON. M ITCHELLE. STASHOWER, x... x... DENNIS S. MOYER, x... DICK E. STEARNS Ill, x... JERRY M. CARR. x... CHERYL A. MUIRHEAD, x... JULIE A. STENGER, x... TERRY V. CARROLL. x... STEVEN B. MOLESKI. x... BARBARA A. CARTER, SHEREE D. STEPHENS, x... x... DAVID T. MYATT. x... CHRISTOPHER A. STEWART, x... PAUL C. CATOE. x... GARY W. MYERS, x... GREGORY N. CHANDLER. TROND A. STOCKENSTROM, x... x... MICHAEL NIXON, x... JAMES T. STONE, x... JERRY T. CHAPMON, x... SCOTT E. NORR. x... JASON D. STONER. x... JERRY D. CHASE, x... M ARIANS. OGRADY. x... MICHAEL C. STONER, x... QUffilON CHRISTIAN . x... ROLANDO OLIVAS, x... KARL D. STOUT, J R , x... TIMOTHY J . COCHRAN, x... KEVIN R. OLSON, x... MICHAEL J . STRUNC. x... FRANK T. COGSWELL, x... JEFFREY M. PAFFORD, x... KEITH A. STUESSJ, x... JOHN C. COLUCCI. x... RONNIE PARKS, x... DAWNE. SULLIVAN, x... JAM ES CONLEY, JR. x... JAM ES M. PARTICKA, x... PATRICIA M. SULZBACH. x... MICHAEL C. CONTONI, x... MICHAEL G. PASQUARETTE, x... TODD E. SUMNER. x... THOMAS R. CORLEY, x... MOYNE J . PATTERSON, x... JACKELENE SUTTON, x... JOHN E. CROSS, x... RUSSELL L. PEACOCK. x... STEPHEN A. SZABO, x... DAVID A. DEARMAN, x... THOMAS A. PETRELLA, x... KURT M. TAMARO, x... JOHN F. DEDITIUS, x... VICTORIA J . PHELPS, x... DAVID A. TARANTINO, J R , x... CHARLES A. DENNIS, x... DAVID L. POWELL, x... GREGORY J . TARMAN, x... MARK P. DITTIG , x... THOMAS E. POWERS, x... PAULINE M. TAYLOR, x... JOHN M. DOGGETT. x... WILLIAM M . PRESCOTT, x... BRADLEY E. TELLEEN , x... ROBERT J . DOHENY, x... ROBERT L. RAINES, x... MICHAEL D. THOMAS, x... KENNETH P. DONALDSON. x... KEITH W. RANSOM , x... WILLIAM C. THOMAS. x... ROBERT C. DOTSON. x... RONALD L. REID, x... P. H. G. THOMPSON, x... RICHARD C. DUNAWAY, x... PAULK. REMICK, x... STEVEN C. THORNE, x... GARRY S. DUNCAN, x... JAM ES A. ROBERTS. x... JONATHAN S. THOW, x... DAVID A. DYMARCIK, x... MARK H. ROBERTSON, x... TUDOR R. TIEN , x... GREGORY T. ECKERT, x... THOMAS A. RODDY, x... ANTHONY L. 'l'IMKO, x... WILLIAM C. ECKES. x... STEPHEN P. RODES, x... GREGORY N. TODD. x... KEVIN L. ECKMANN , x... CAITLIN G. ROOT. x... WILLIAM E. TODD, x... DION J . EDON, x... BRADLEY J . SCHWAKE. x... JENNIFER E. TONGEMARTIN , x... STEVEN J. EISENHAUER, x... WILLIAM J . SCOGGIN, x... OREN G. TOWNSEND, x... DAVID H. ELLER, x... MICHAEL A. SCOTT, x... JOHN M. TRAMONT, x... JEFFREY A. ELLIOTT, x... GERALD A. SHEALEY , x... DAVID J . TRETTEL, x... ROBERT W. ESCHNER. x... RICHARDT. SHELAR. x... JEFFREY R. TRIMARK, x... ROBERT R. FARMER. x... VINCENTS. SIEVERT. x... DONALD P. TROAST, x... MICHAEL P. FEELEY, x... SCOTT D. SILK, x... SAMUEL K. TSANG , x... JOHN K. FERGUSON, x... ERIC J . SIMON, x... BING S. TSAY, x... THEODORE H. FIEFFER. x... MICHAEL G. SMITH, x... MARK A. ULRICH, x... WILLIAM P. FLINN, x... REMBRANDT V. SMITH, x... GUIDO F. VALDES, x... YONACIO V. FLORES, x... ROBERT E. SMITHBERGER, x... JASON L. VANBENNEKOM , x... RUSSELL D. FLORESKE, x... JERRY M. SOLICH, x... ROBERTO S. VASQUEZ. x... RONALD E. FOUDRAY. x... THOMAS G. SPANGLER, x... SHARON S. VETTER, x... MARCIA A. FRITSCH, x... EDWARD A. SPURLIN , x... JONATHAN H. WAGSHUL. x... ROBERT D. FUENTES, x... PE T E R J . STEVENS, J R ., x... DELANO I. WALTERS, x... GARRETT L. GARDNER, x... JOHN M. STEVENSON , x... SCOTT S. W ANIEWSKI, x... MARK J . GIBSON, x... RICHARD M. S'l'EWART. x... DAVID C. W ARUNEK, x... GERARD F. GILES, x... HILARY STROSE, x... DAVID L. WASBERG, x... CLAY K. GLASHEEN , x... RANDY S. TANNER, x... MICHAEL A. WEA VER, x... HILTON J . GLYNN, x... FRANKLIN R. TAYLOR. x... VICKIE A. WEA VER. x... MARC D. GREGORY, x... ROY A. TELLER, x... PETER WECHGELAER, x... WALTER L. GRIFFIN, x... GREGORY A. TESCHNER, x... PETER A. WEISSKOPF, x... BRUCE A. GRUBB, x... MCDONALD THOMAS, x... ANN C. WEISZ, x... COLLEEN E. HALLETT. x... EDWARDS. THOMPSON. x... MARK W. WERNER, x... JEFFERY N. HANSON . x... DIANE E. TINKER, x... DONNA Y. WESTLAKE, x... DAVID W. HARPER, x... MICHAEL B. TOMBLIN, x... CHRISTOPHER WESTROPP, x... RICHARD F. HART, x... ROBERT J . TRAYNOR. x... KEVIN L. WHEELOCK, x... TODD A. HAYNES, x... DENNIS B. TROUT, x... JAM ES H. WHITE, x... SUSAN L. HENSLEY , x... ROBERT K. TUCKER, x... RENEE T. WHITE, x... CHRISTOPHER A. HERNANDEZ, x... JAM ES P. TURNER, x... EDNA C. WHITMORE. x... MARK A. HOCHSTETLER, x... STEVEN J . URSO, x... CHRISTOPHER J . WHITNEY. x... PATRICK J . HODGSON, x... ALEXANDER VANWORMER, x... JAM ES R. WHITSETT, x... CYNTHIA A. HOHWEILER, x... EFRAIN VELAZQUEZ, x... ANDREW F. WICKARD. x... RONALD J. HOLZMAN, x... MATTHEW W. VINCENT, x... MELISSA A. WIGGINS, x... JOHN T . HONEA, x... GLENN A. VOPPER, x... PERRY N. WILLETTE, x... JOSEF S. HORAK, x... TIMOTHY P. WADLEY, x... DONALD J . WILLIAMS, x... RONALD P. HOSKINS. x... TERRY P. WALDENMAIER, x... JAM ES 0 . WILLIAMS, JR. x... STEVEN D. HULL, x... SCOTT A. WALKER, x... SANDRA F. WILLIAMS, x... GREGORY S. IRETON, x... TIMOTHY J . WALTERS, x... TRACI E . WILLIAMS, x... WILLIAM R. JOHNSON, x... JOHN C. WANA CHECK II, x... BRIAN K. WILLIAMSON . x... LAWRENCE A. JONES , x... DAVIDS. WARNER, x... MICHAEL D. WILLIAMSON, x... WILLIAM JONES, x... RONALD T . WASHINGTON, x... PAMELA Y. WILLSBORGSTEDE, x... MARK H. JORDEN , x... BRYAN F. WATTS, x... MICHAEL J . WILSON, x... HERBERT G. KAATZ , x... LAURA A. WENDEL, x... DEBORAH K. WINBURN , x... GEORGE F. KELLY , x... RAY R. WETMORE. J R , x... JAM ES P. WINCELOWICZ , x... TRENT A. KERBS, x... DONALDSON E. WICKENS, x... MICHAEL T. WINKLER. x... REBECCA L. KIRK, x... JURGEN H. WIESE, x... LAURA A. WOLFGANG, x... EDWARD M. KNODLE, x... JIMMY N. WILLIAMS, x... ROBERT 0 . WOODBURY, x... DONALD J . KOBIEC, x... WILLIAM A. WILLIAMS, x... JON S. WOODS, x... LARRY G. KRULL, x... BARRY E. WISDOM, x... PETER O. WOODSON, x... GARY C. KYTE, x... JEFFREY N. WOOD, x... YANCY C. YORK, x... GEORGE C. LAFEMINA, x... ALLEN W. WOOTEN, x... M ARY E. YOUNGMAN, x... BRET R. LANCASTER. x... THERESA E . WRIGHT, x... MICHAEL A. ZANOLI, x... MICHAEL D. LANTHORN. x... DONALD L. YOUNG , x... ROBERTS. ZARUM, x... MICHAEL LAPRADE, x... STEVEN D. ZIEGLER, x... WILLIAM S. LASKY , JOHN A. ZULICK, x... x... IN THE NAVY IN THE NAVY CHRISTOPHER T. LESTER, x... ERIC C. LEWIS, x... THE FOLLOWING NAMED OFFICERS FOR TEMPORARY THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- KELVIN M. LEWIS, x... APPOINTMENT TO THE GRADE INDICATED IN THE U.S. POINTMENT IN THE GRADE INDICATED IN THE U.S. NAVY GREGORY P. LIED, x... NAVY UNDER TITLE 10, UNITED STATES CODE, SECTION UNDER TITLE 10. UNITED STATES CODE, SECTIONS 531 MICHAEL A. LILE, x... 5721: AND 5589(A): JOHN M. LOTH, x... To be lie ute nant commander To be lie ute nant SCOTT B. LYONS, x... JAM ES W. MACEY, x... WILLIAM B. ALLEN, x... ANNE E. MACFARLANE, x... WILLIAM L. ABBOTT, x... DANIEL D. ARENSMEYER, x... CRAIG T . MAJOR, x... SCOTT R. ADAMS, x... KENNETH 0 . BECK, x... MANUEL S. MARGUY, x... MICHAEL A. ADRIANO, x... MARK D. BEHNING, x... ROBERT B. MARRS, x... RONALD L. AKERS, x... CRAIG R. BLAKELY, x... ANTHONY S. MARTIN, x... RICHARD M. AMATO, x... DAVID C. BORAH, x... KELLY J . MATTESON , x... MICHAEL A. AMIG, x... LEONARD H. BORGDORFF, x... MATTHEW M. MAURER, x... MARTIN A. ANDERSON, J R . x... DENNIS R . BOYER, x... MARTIN P. MCCABE, x... ARTHUR P. ARKO. x... WOODS R. BROWN, x... JOHN D. MCCANN, x... PETER J . BACHAND, x... ------.--.-..- - - -

21376 CONGRESSIONAL RECORD-SENATE October 7, 1997

ANTONIO J . CARDOSO, x... GREGORY M. BAYLEY, x... JOSEPH M. BURNS. x... ROBER'!' J . CLARK, x... MICHAEL 0 . BEALE, x... JEFFREY M. BURROWS. x... JOHN R . CRAIG, x... CHARLES M. BEARD, x... THOMAS A. BUTER, x... JOHN H. CUNNINGHAM . x... THOMAS J . BEATTIE, x... GREGORY S. BUTERBAUGH. x... EUGENE J . DOYLE. x... STEVEN J . BEATTY, x... ALANE. BYNUM , x... SEAN T . EPPERSON, x... ROBERT D. BECERRA, x... DONALD D. BYRD, x... KEVIN S. FORD, x... KARL H. BECKER. x... KENNETH L. BYRD. x... BRYAN P. FRATELLO. x... DENNIS J . BEERS. x... JAM ES A. BYRON. x... BARRY J . GITTLEMAN, x... EDWARD N. BEERY. x... JOSEPH T. CALLAHAN. III, x... JOHN R. GORMAN, x... JEFFERY A. BELL, x... NED F . CALVERT. J R . x... THOMAS C. GRAVES , x... ROBERT F. BELLACICCO, x... ANNE G. CAMPBELL. x... DANIEL P . HENDERSON, x... THOMAS L . BELLNOSKI, x... CHRISTOPHER D. CAMPBELL. x... MATTHEW HERMSTED'r. x... ROBERTS. BELLOMY, x... DANIEL H. CAMPION, x... EDWARD L. HERRINGTON, x... GARY C. BENDER. x... PAUL A. CANNIZZO, x... WILLIAM J . HOUSTON. x... JOSEPH T. BEND1'JR. x... RAYMOND K. CANNON. x... JAM ES H. JONES, x... RALPH K. BENDER, x... GEORGE E. CARAG!ANIS, x... DAVID A. JULIAN , x... DALE P. BENEDETTI. x... DUANE G. CAREY, x... FREDERICK A. KOONEY, x... GORDON R . BENNETT. x... J A Y S . CARLSON. x... ERIC L. LONBORO, x... BRYAN J. BENSON, x... CHARLES R. CARR. x... PERRY L. MCDOWELL, x... MICHAEL P. BENSON, x... DAVID B. CARR, x... DARREN J . MCGLYNN, x... EDWARD J . BERGEMANN, x... DAVID W. CARR. x... JOHN P . MCGRATH, x... DANIELE. BERGERON, x... STEPHEN S. CARR. x... TYLER L . MEADOR, x... WILLIAM J . BERNARD. x... RUSSELL L . CARRAWAY. x... MARK V. METZGER. x... LOUIS A. BERRENA, x... MARVIN D. CARROLL, x... JOHN C. MOHN. JR, x... ALAN T. BERRYMAN, x... VERONIQUE M. D. CARSTENS. x... SANTOS L. MOLINA. x... BRUCE R. BEVILLE, x... RONNIE CARVER, x... JOHN T . MYERS. x... LARRY W. BEWARD , x... JOHN D. CASEY, x... JAMES R. NELSON, x... HAROLD W. BIDLACK, x... JOHN C. CASSERINO, x... SCOTT W. PA PP ANO, x... THOMAS W. BILLICK. x... WILFRED T . CASSIDY. x... EDWARD A. PITTMAN . x... DENNIS C. BILLIG. GIL V. CASTILLO, BRIAN D. ROTH, x... x... x... PHILLIPE . BINGMAN, x... KENNETH R. CATE, x... JOHN A. SAGER, x... CHRISTOPHER P. BISGROVE, x... PARRIS A. CATHER. x... DOUGLAS A. SAMPSON, x... JONATHAN E. BITLER. x... JAM ES T. CA VOTO, x... GEORGE B. SAROCH. x... LANE S. BITTICK. x... JOHN R . CAWTHORNE, x... THOMAS A. SCHARES, x... KIM R. BJERKEBEK. x... MICHAEL J . CAYLOR, x... JAMES C. SEALS, x... MATTHEW T. BLACK, x... CHRISTOPHER S. CEPLECHA, x... WILLIAM B. SEAMAN. x... ERIC L. BLACKMON, x... ARMAND A. S. CERRONE. x... JAMES W. SKINNER, x... LEMOYNE F. BLACKSHEAR, x... TIMOTHY C. CETERAS. x... MICHAEL J . SOWA, x... MARY W. BLACKWELL. x... WILLIAM J. CHANGOSE. x... JAMES L. SPENCER, x... LARRY R. BLADES, x... DONALD R. CHAPMAN, J R , x... WILLIAMS R . STEVENSON, x... RANDY L. BLAISDELL, x... RAYMOND J . CHAPMAN. x... MICHAEL J. TAYLOR, x... CAROLYN M. BLALOCK. x... WILLIAM G. CHAPMAN. x... DAVID W. WARNER, x... MICHAELS. BLAND. x... RICHARD M. CHAVEZ, x... JAM ES P. WATERS , x... EDWIN K. BLASI, x... RALPH D. CHEEK. x... IN THE AIR FORCE ROBERT G. BLEDSOE. x... JAMES S. CHESNUT. x... GRACE M. BLEVINSHOLMAN. x... LAWRENCE K. CHILTON. x... TlfE FOLLOWING NAMED OFFICERS FOR APPOIN'l'MENT JODIE L . BLISS. x... LARRY Y. CHING. x... TO THE GRADE INDICATED IN THE U.S. AIR FORCE UNDER KENNETT G. BLOCK, x... M ARKE. CIOFFI. x... TITLE 10, UNITED STATES CODE. SECTION 624: ROLAND J . BLOOM , x... CORBY L. CLARK, x... To be lieutenant colonel MICHAEL J . BLOOMFIELD, x... DOUGLAS C. CLARK, x... BRIAN W. BOARDMAN. x... HAROLD D. CLARK. JR. x... REBECCA G. ABRAHAM . x... BRENDA J . BOBBITT, x... JO HN S . CLARK, J R . x... CHARLES E . ACREE. x... LOUIS G. BOCHAlN, x... LEO T . CLARK. x... KELLY M. ADAMS, x... JOHN A. BOCKHOLD. x... ROBERT B . CLARK. III, x... TERRY R. ADLER. x... CHRISTOPHER C. BOGDAN. x... WILLIAM R. CLAYPOOL. III, x... RICARDO AGUILAR. x... HELEN A. BOHN. x... ROY M. CLAYTON, III, x... JOHN J . AHERN, x... GLYN F . BOLASKY. x... JOSEPH D. CLEM, x... FRANK ALBANESE, x... PETER J. BONANNO, x... CHARLES N. CLIATT. x... JAMES V. ALDERMAN, x... DEBORAH L. BORIO, x... KRISTINE M. CLIFTON, x... SCOTT C. ALEXANDER, x... ALAN J . BORTON. x... MICHAEL J . COATS. x... EDGAR ALICEAORTIZ, x... JAMES L . BOSTON , x... BARRY B . COBLE. x... ALETA S. ALLEN, x... ALAN V. BOTINE, x... JOSEPH M. CODISPOTI. x... STEPHEN F . ALLTOP, x... AMY M. BOUCHARD. x... JAM ES R. CODY, x... PATRICK A. ALMAZAR, x... CLARENCE J. BOUCHAT, IV, x... PATRICK A. COE. x... ANDREW C. ALPAUGH. x... TIMOTHY M. BOUDREAUX, x... CYN'I'HIA M. COHAN, x... DOUGLAS H. ALSTON, x... GREGG B. BOURKE, x... CATHERINE G. COLEMAN. x... KURT S. ANDERS, x... DANIEL J . BOURSON. x... LEONARD T . COLEMAN. x... NIELS T . ANDERSEN. x... THOMAS J . BOUTHILLER, x... RANDALL G. COLEMAN, x... ALAN K. ANDERSON, x... JOHN M. BOWERS. x... CHRISTOPHER E. COLEY, x... BRYAN K. ANDERSON, x... CHRISTOPHER W. BOWMAN, x... JOSE R. COLL. x... LISA M. ANDERSON, x... PAUL A. BOWMAN. x... JAMES M. COLLINS, x... JOSEPH 0 . ANDREWS, x... JOHN P . BOYLAN, x... DONOVAN P. COLMAN, x... MICHAEL ANGLEY. x... ROBERT M. BOZUNG. x... MICHAEL L. COMNICK, x... MARK ANTHONY. x... JOHN L . BRAINERD, x... PATRICKM . CONDRAY, x... GLEN A. APGAR, x... GARY A. BRAND, x... MARKD . CONFER. x... HAROLD J . ARATA. III. x... LORRIE L. P . BRANTLEY, x... VINCENT J . CONSTANTINO, x... ROBERT A. ARBACH. x... LEANN D. BRASURE. x... CHRISTOPHER A. COOK. x... CHIC A. AREY, x... LLOYD W. BRASURE, x... GREGORY P. COOK, x... THOMAS ARKO. x... KENNETH E. BRAY. x... TIMOTHY M. COOK, x... JONATHAN A. ARNOLD. x... JOSEPH P. BREEN, x... MICHAEL B . COOLIDGE, x... TIMOTHY D. ARRINGTON, x... JEFFREY A. BRELSFORD. x... MICHAEL A. CORBETT, x... THOMAS A. ARTIS, x... JOHN E. BRENCE. x... MARIA L . CORDERO. x... CARLOS V. ARVIZU, x... WILLIAM P. BRIDGES, x... DAVID C. CORDON, x... STEVEN V. AUCHTER. x... RANDALL R. BRIGHT, x... JOHN T . CORRIGAN, x... ROGER P. AUSTIFF. x... ANDREW J. BRITSCHGI, x... JEFFREY A. CORVEY. x... JOHN C. AU'l'EN. x... ROBERT E. BRITT, J R , x... RICHARD D. COSGROVE, x... JOHN F . AYMONIN. x... TIMOTHY R. BR.I'£T. x... THOMAS H. COUCH, x... ALAN E. BABCOCK, x... JERRY BROOKS, x... CRAIG A. COWGILL, x... GARRY C. BACCUS, x... EDWARD D. BROWN. x... MICHAEL A. COX, x... DANIEL D. BADGER, J R , x... MARIAN J. BROWN, x... ROBERT M. COX, x... FREDERICK L . BAEDKE, x... ROBERT L. BROWN , x... SAMUEL D. COX. x... LAURELL BAEZ, x... RONALD G. BROWN, x... DANIEL H. CRAF'l', x... OCTAVIO NMI BAEZ, J R . x... SCOT C. BROWN. x... MICHAEL D. CRAIG , x... STEVEN A. BAGNASCHI, x... SCOTT W. BROWN. x... WILLIAM 0 . CRAIG. x... HOW ARD B. BAKER. x... CHRIS'l'OPHER M. BROYHILL, x... JOHN A. CRAWFORD, x... STEVEN F. BAKER, x... NORMAN J. BROZENICK, J R , x... KENNETH G. CREIGHTON. x... TODD J . BALAWAJDER, x... STEPHEN M. BRUMMOND. x... DAVID W. CRIBB, x... STEVEN A. BALDOCK. x... JOHN A. BRUNDERMAN. x... MICHAEL L. CRISAFI, x... DAVID S. BALLARD, x... KENNETH A. BRUNER. x... JAM ES H. CROMER. x... GUILLERMO B. BALMASEDA, x... JOHN S. BRUN HA VER. x... LARRY A. CROSS, x... MICHAELS. BALOG. x... ROBERT C. BRUNO, x... JOHNS . CROW , x... DANIEL C. BANKS. x... JAN M. BRUNS, x... MILES A. CROWELL. x... ERIC A. BANKS, x... OLIVER L . BRYANT. JR, x... ROBERTA K. CRUMM. x... MARTIN D. BANNON, x... CURTIS L . BUCKLES. x... ELLIOT F . CRUZ, x... MARK JOSEPH BARNABO, x... ARNOLD W. BUNCH. J R , x... YOLANDA CRUZ. x... RICHARD D. BARTHOLOMEW , x... LARRY E . BUNTING, x... ALEX U. CRUZMARTINEZ, x... MICHAEL L. BARTLEY. x... DARRYLR. BURGAN. x... JOYCE A. CUMMINGS, x... RICHARD R. BASKIN. x... ROBERT J. BURGESS. x... EDWIN CUNNINGHAM , x... DIANNA J . BATCHELOR, x... TIM R. BURKES. x... SUSAN M. CUNNINGHAM, x... JERRY L. BATEMAN, J R . x... RALi M. BURLESON. x... TOBY L . CUNZ, x... GLENN C. BAUGHER. x... ROBERT E . BURNETT. J R , x... FRANCIS E . CURRAN, III. x... WILLIAM H. BAUMAN, III, x... JOHN J . BURNISH, III. x... STEPHEN B . CZERWINSKI, x... October 7, 1997 CONGRESSIONAL RECORD-SENATE 21377

SUSAN E . DABROWSKI, x... WALTER E . FRED, x... STEPHEN P . HERRLINGER. x... SIGFRED J . DAHL , x... NEIL B. FRIEDLI, x... STEPHEN R. HESS, x... DONALD F. DALY, x... LINDA K. FRONCZAK. x... WALTER C. HESS, x... JAMES F. DANIEL, x... MICHAEL K. FRYE , x... DEANNA M. HICKS. x... JOHN A. DANIELS , x... HERBERT N. FULLER, x... MARK C. HIEBERT, x... LOUIS M. DANTZLER, x... PAUL A. FULTON, x... DAVID W. HILLS, x... KENNETH A. DARNEY, J R , x... ANN P. FUNK, x... LARRY C. HILLS, x... DIK A. DASO, x... FRANCIS R. GABRESKI, x... MICHAEL R . HINDES, x... JOHN F. DAUGHTRY, J R , x... PAUL A. GACKE, x... DOUGLAS J . HINE . x... KEVIN P . DAVIDSON, x... JAMES J . GALLAGHER, x... KEITH A. HINTON, x... ROBERT D. DAVIS, III, x... JAMES P . GALLOWAY III, x... TROY A. HITHE, x... ROBERT J . DAVIS, x... CALIXTO M. GARCIA, x... PAMELA R .C. HODGE, x... BRUCE C. DEARY. x... IGOR J.P . GARDNER, x... STEPHEN L . HOGG, x... ROBERT A. DEASY, III, x... MICHAEL T. GARDNER, x... STEPHANIE L . HOLBROOK, x... RICHARD D. DEFRIES , x... ERIC P . GARRISON , x... ROBERT W. HOLDER, x... RUSSELL P. DEFUSCO, x... GREGG A. GARRISON , x... EDWARD E . HOLLAND, JR.. x... DENNIS J . DEGRAFF, x... WANDA K. GARRITY, x... VERONICA E . HOLLEY, x... WILLIAM J . DELEHUNT, x... ERIC D. GARVIN, x... BRYAN A. HOLT, x... WILLIAM G. DENBLEYKER. x... JORGE S. GARZA, x... DANIEL E. HOOTON . J R ., x... TODD E . DENNING, x... JOHN J . GASKA, x... HARRY HOPKINS, III, x... JAMES E . DENNIS, x... MILO R . GAVIN, x... KEVIN L . HOPKINS, x... STEVEN J . DEP ALMER, x... PAUL T. GEIER. x... JOHNNY R . HORN. x... ROBE RTS . DERING, x... JOHN P . GEIS II, x... WILLIAM T. HORN , x... ALAN D. DETER. x... CHRISTIAN G. GEISEL, x... ROY F. HOUCHIN II, x... MARK L . DEVIRGILIO, x... JOHN R. GEISSLER, JR. , x... DANA J . HOURIHAN. x... BRUCE R . DEWITT. x... DONALD S. GELOSH, x... BROWN G. HOWARD IV, x... TERRY L . DICKENSHEET, x... KEITH E . GENTILE , x... STEPHEN P . HOWARD, x... BRIAND. H. W. DICKERSON, x... MARK S. GIANNINI, x... DA VE C. HOWE, x... DEREK R . DICKEY, x... PHILLIP G. GIBBONS, x... MARKT. HUBBARD, x... IAN R . DICKINSON, x... DAVID G. GIBBS, x... ARTHUR F . HUBER II , x... TERESA L . DICKS, x... RICHARD F. GIBBS II , x... BENJAMIN C. HUFF, x... ERIC D. DIDOMENICO, x... TOM GILBERT, x... STEPHEN L . HUFFMAN, x... MARK L . DIEDRICK, x... VANCE F. GILSTRAP , x... ARLEY J . HUGGHINS, x... SCOTT A. DINAPOLI, x... DORILYNN D. GIMONDO, x... CATHERINE L . HUGHES. x... LAURA A. H. DISILVERIO, x... CRAIG S. GIRARD, x... CHARLES E. HUGHES, x... TERESA AH DJURIC, x... LOWELL S. GLOVER, x... CRAIG A. HUGHES, x... EUGENE W. DOBRY, J R , x... DUANE A. GOEHRING, x... WILLIAM D. HUGHES III, x... PAUL T . DOLSON. x... CAROL V. GOFF, x... JOHN F. HUNNELL, x... BLAKE L. DONALD, x... HAROLD R . GOFF, x... DAVID J . HUNTER, x... MATTHEW J . DORSCHEL, x... MATTHEWS. GOGAN. x... RICHARD W. HURCKES, J R ., x... TYRONE DORSEY, x... JAMES M. GOLASH, x... DAVID A. HUSS, x... MARTIN G. DOURTE, x... ROBERT A. GOLDBERG, x... JAMES C. HUTTO, J R .. x... SCOTT M. DOWTY, x... JULIA K. GONZALES, x... BRET A. HYDE, x... JAMES J . DREW, x... WILLIAM GONZALEZ, J R ., x... JUAN IBANEZ, J R .. x... JOSEPH D. DRUCTOR, x... JOHN PHILLIP GOOD, x... ELIZABETH L .A. IDELL, x... SCOTT B. DUFAUD, x... DAVIDE . GOSS, x... MICHAEL A. ILLERBRUN , x... DONALD F. DUMAS, x... J E SSE R. GOSSNER, x... ROBERT W. INGALLS. x... ALTON L . DUNHAM II , x... LESTER 0 . GRADY, J R ., x... CARROLL J . INGRAM, J R ., x... HELMUT S. DUNLAP, x... JUDY M. GRAFFIS, x... MAURICE J . INKEL , J R ., x... ALBERT G. DUNN, JR. , x... KENNETH C. GREEN , x... NANCY R. INSPRUCKER, x... JAMES A. DUNN, x... ERIC GREENBLATT. x... MICHAEL J . IRWIN, x... THOMAS J . DUPRE . x... JAMES J . GREENOUGH III , x... BRYAN K. ISHIHARA, x... WILLIAM E . DURALL, x... RODERICK I. GREGORY. x... DOUGLAS JACKSON , x... MATTHEW J . DURHAM, x... MARK W. GREISING, x... JOHN C. JACKSON III , x... JAMES E . EDGE, x... ALAIN M. GRIFFIN , x... SCOTT M. JACKSON , x... MICHAEL D. EDWARDS, x... BOBBIE L. GRIFFIN, J R ., x... DAVID A. JACOBS, x... THOMAS J . EDWARDS, x... NATALIE A. GROSEK, x... JEROME M. JANKOWIAK, x... GEORGE V. EICHELBERGER, x... KENNETH P . GROSSELIN , J R ., x... LEONARD P. JANKOWSKI, x... JAMES E . EISENHART, x... RONALD A. GRUNDMAN. x... DAVID J . JAY, x... DAVID C. EISENSTADT, x... GLEN E. GULLEKSON , x... DONALD L . JENKINS . J R ., x... KIM F. ELLARD, x... JOHN D. GYTRI. x... EDWARD T. JE SPE RSE N , x... LISA K. ELLARD. x... MORRIS E . HAASE, x... DREW D. JE TE R , x... MICHAEL D. ELLIS , x... STEVEN L . HACK, x... GLEN G. JOERGER. x... STEPHEN J . ELLISON. x... MICHAEL H. HACKETT, JR. , x... KENNETH J . JOHNS, x... THOMAS F. ELSESSER, x... MARK E . HACKLER, x... BRUCE A. JOHNSON, x... TAYLOR C. EMANUEL , x... STEVEN M. HADFIELD, x... CHARLES W. JOHNSON, x... JOHN L . EMICH, J R ., x... DAVID L . HAFICH, x... DAVID C. JOHNSON, x... NELSON W. ENGLISH, x... CHARLES E . HAINES, x... DORIS A. JOHNSON , f x... MATTHEW C. ENGLUND, x... RICHARD A. HAIR. x... JE FFRE Y R. J OHNSON, x... JAMES C. EPTING, x... CHRISTOPHER B. HALE, x... LAWRENCE M. JOHNSON III. x... MICHAEL J . ERICKSEN , x... THELMA R . HALES. x... PAUL T. JOHNSON , x... RAYMOND W. ERICKSON, J R ., x... BRIAN K. HALL , x... THOMAS E . JOHNSON, x... STEVEN P . ERNST, x... BYRON E . HAL L , x... SAMUEL C. JOHNSTON . x... DAVID ERTESCHIK, x... RANDALL D. HALL. x... GERARD JOLIVETTE . x... JAMES L . ESOLA, x... ROGER L . HALL, x... CAROL ANN JONES, x... JOHN L . EUNICE IIJ, x... ERIC V. HALMON, x... STEPHEN M. JONES, x... J AMES J . EVANKO, x... DONALD J . HALPIN, x... MARK H. JORDAN, x... JOHN W. FAGNANT, x... CHARLES A. HAMILTON, x... MARTHA K. JORDAN , x... STEPHEN C. FAIRBAIRN . x... ROBERT E . HAMM, JR. , x... DANIEL 0 . JOYCE, x... ANNE R . FAIRCHILD, x... HARVEY L . HAMMOND, J R ., x... THOMAS F . JOYCE, x... MARK J . FARENBAUGH, x... DEXTER R. HANDY. x... GREGORY J . JUDAY. x... MARK A. FASSIO, x... RUSSELL J . HANDY, x... EDWARD P . JUERSIVICH, x... ANTHONY W. FAUGHN, x... DONA J . HANLEY, x... MARK JUSCIUS , x... TERRY M. FEATHERSTON , x... PHILLIP C. HANNAH, J R ., x... MICHAEL J . KADLUBOWSKI, x... BRIAN C. FENELON , x... JE FFRE Y A. HANSON, x... KEITH A. KAISER, x... BRYANS. FERGUSON, x... WILLIAM L . G. HARDEN, x... MICHELLE S. KALKOWSKI, x... JE FFRE Y B. FETNER. x... MICHAEL R. HARGROVE , x... WILLIAM K. KANESHIRO, x... HOWARD P . FIELDS, x... ROBERT J . HARPER, x... TIMOTHY W. KARANOVICH. x... RICHARD E. FINCH, x... TIMOTHY A. HARRIS. x... FRANCIS E . KARL, x... 'l'HOMAS V. FINKE , x... ROBERT HARRISON, x... WILLIAM B. KARR. J R ., x... JAMES L . FITCH, x... ANTHONY C. HART, x... ROBERT J . KAUFMAN III, x... DARYL K. FITZGERALD, x... CARL J . HARTKE , x... JOEL A. KAZY, x... MARK P. FITZGERALD, x... JAMES W. HARVARD. x... BRADLEY S. KEANE, x... J OHN W. FLADE, x... MARVIN K. HARVEY, JR. , x... KEVIN V. KECK, x... WYATT R. FLEMING, x... WALTER B. HARVEY III, x... P E TE R R . KECK, x... JAVIER FLORES, x... KEN R. HASEGAWA, x... GAIL A. KEEFE , x... KEVIN A. FOLEY , x... GREGORY S. HASTY, x... KEVIN J . KEEFER, x... ROGER A. FOLEY, x... CASS HATCHER, x... WILLIAM C. KELLER, x... 'l'ERREN CE J . FOLEY, x... J AMES C. HATFIELD. x... MICHAEL J . KELLEY, x... DAVID A. FOLTS, x... TIM HAWES, x... SCOTT E . KELLY, x... RONALD J . FONTANEZ. x... CLIF'l'ON A. HAYNES, J R. . x... MICHAEL A. KELTZ, x... GREGORY E . FOO, x... JONATHAN K. HAYWARD, x... ALVIN R. KEMMET, JR. , x... WAYNE C. FOOTE , x... KELLY P . HAZEL, x... TERRY L . KENNEDY. x... DEWEY G. FORD, x... DAVID M. HAZELTON , x... PAUL C. KENT, Il, x... J OSEPH M. FORD, x... JE AN A. HEBERT. x... DWIGHT L . KENYON. x... MICHAEL R. FOWLER, x... CRAIG W. HEISE , x... KENNETH F. KESLAR, x... MICHAEL J . FRAHM, x... MICHAEL L . HELSABECK, x... ROBIN M. KESTERSON , x... MARTINE . BARTEAU FRANCE, x... J AMES E . HENRY, x... JON A. KIMMINAU. x... GREGG A. FRANK, x... ROBERT J . HENRY, x... LELAND W. KINDLE , x... RANDAL C. FRANKLIN, x... P E TE R H. HENSON , x... CHRISTOPHER B. KING, x... WARREN H. FRANKLIN , x... KENNETH C. HERBERT, x... ROBYN M. KING, x... DAVID T. FREANEY, x... WILLIAM E . HERR, x... BRE TT. KLASSEN , x... 21378 CONGRESSIONAL RECORD-SENATE October 7, 1997

KURT A. KLAUSNER, x... JERRY C. MCDANIEL. x... MATTHEW C. OETKEN. x... KEVIN P. KLINGENBERG, x... KENNETH C. MCDANIEL. x... 'fHEODORE P . OGREN. x... FREDERICK D. KLUG. x... WILLIAM M. MCDANIEL. x... MARK A. OHAIR, x... ANDREW Q. KN APP , x... JOHN R. MCDONALD. x... LOUIS W. OLINTO. x... GASTON R. KNIGHT, x... ROBERT F. MCENIRY. x... THOMAS R. OLSEN. JR . x... ALAN P . KNOPF, x... ANNE E. MCGEE. x... DAVID P . OLSON. x... MA RKE. KOECHLE, x... RICHARD M. MCGIVERN. x... GORDON A. OLVERA. x... RICHARD C. KOLOIAN. x... MICHAEL A. MCGOVERN, x... JAMES ONEAL, JR . x... VENKATRAO KONERU, x... LAMBERT R. MCGRATH, III. x... BEVAN R. ORME, x... DOUGLAS J. KOSKI, JR., x... GREGORY A. MCINTYRE. x... STEVEN R. OTTO, x... JEFFREY J. KOSS, x... WILLIAM L. MCINTYRE. x... GREGORY A. OVERBY. x... JA MES B. KOTOWSKI. x... STEVEN E. MCKAY. x... DOUGLAS D. OWEN. x... JEFFREY KRAUSERT , x... CYNTHIA A. MCKINLEY. x... JAMES G. OWENS. x... JOHN P . KROGMAN. x... JA MES H. MCKINNEY. JR . x... JOEL R. OWENS, x... MARK F. KRUSAC, x... JA MES K. MCLAUGHLIN. x... ROXANN A. OYLER. x... MICHAEL KUKULSh."1. x... CHARLES G. MCMILLAN, x... DAVID C. PACKHAM, x... KRISTINA D.L. KULAAS. x... MICHAEL B. MCMILLAN. x... MICHAEL R. P AICE. x... MARK R. KUSCHEL. x... BEVERLY Y. MCNAIR, x... CHARLES A. P ALDANIUS, x... MARSHA J. KWOLEK. x... MICHAEL R. MCPHERSON, x... THOMAS A. PALMER, x... ROBERT D. LAFEBRE. x... JOSEPH M. MCWILLIAMS. x... ROGER M. PALMISANO. x... GARY J . LAMMERS. x... JOSEPH MEANS. JR , x... WADE M. PALMORE, x... PA ULS. LAND. x... PHILIP L. MENTHE. x... THOMAS D. PARKER. x... DONALD R. LANDING. x... DAVID C. MERKER. x... TODD J. PARKER, x... DAVID A. LANDRY, x... ELLEN MERKLE, x... CHARLES E. PARKS, x... CHRIS S. LANE, x... JOHNNY E. MERRICK, x... EDWIN T. PARKS. x... GARY W. LANE. x... LYNNANNE MERTEN, x... DAVID L. PARRIS. x... RICHARD A. LANE, x... SAMUEL H. METZLER, x... ERNEST L. PARROTT, x... JIMMY L. LANGLEY. JR .. x... KEITH A. MICHEL. x... DEBORAH J. PARSON. x... RICHARD W. LAVERGNE, x... MICHELE MIDDLESWORTH, x... GREGORY F. PATTERSON. x... THOMAS E. LAWRENCE. JR .. x... MARK R. MILARDO. x... CHARLES C. PATTILLO, JR , x... TIMOTHY S. LEAPTROTT, x... FRANK M. MILES, JR , x... WILLIAM J. PAULK. x... DANIEL K. LEAR, x... JOHN K. MILKS, x... MAXINE J. W. PAULSON, x... RODNEY L. LEATHERY, x... DAVID A. MILLER, x... MICHAEL A. PAVLOFF, x... NORMAN R. LECLAIR. x... DENNIS M. MILLER, x... LOWELL B. PECK, x... CHRISTOPHER B. LECRAW. x... JOEL E. MILLER, x... RODNEY M. PEDERSEN, x... DAVIDS. LEDIN. x... MARCUS S. MILLER, x... CHRISTOPHER E. PELC. x... DAVID C. LEE. x... MARK A. MILLER. x... JOSEPH PELCHAR. x... 'l'ERENCE B. K. LEE. x... SCOTT A. MILLER, x... SHIRLEY L. PERALES. x... RODERICK W. LEES, x... STEVEN F. MILLER, x... ALAN J . PERDIGAO. x... DOUGLAS W. LEFFORGE. x... KENNETH D. MILLS. x... JOSEPH A. PERDUE, x... LEE J. LEHMKUHL. x... WILLIAM H. MILTON, x... GEORGE PERKINS. x... ROXANNE L. LEHR. x... TIMOTHY R. MINISH. x... MARK C. PERKINS, x... RICHARD W. LEIBACH, x... THOMAS J . MIRA. x... JOHN J. PERLEONI. x... JOHN W. LENT, x... JONI L. MIRANDA. x... PHILLIP L. PERRY. x... SHERON R. LEONARD. x... KEITH G. MISSAR, x... BARBARA A. PETERS. x... JOSEPH P. LEPANTO. x... DAVID E. MITCHELL. x... DAVIDE. PETERSEN. x... ROBERT P. LEROUX. x... MICHAEL J. MIXON, x... ALAN B. PE'l'ERSON, x... MARK J . LEW AKOWSKI. x... RONALD A. MOELLER, x... RANDALL C. PETERSON. x... ALFRED M. LEWIS. x... STEVEN J . MOES. x... WILLIAM E. PETERSON. x... MICHAEL LEWIS, x... MARILEE A . MOLK, x... WILLIAM J. PFAU. x... ERNEST R. LIBERATORE. JR, x... JA MES P. MOLLOY, x... EDWARD J . PHILLIPS . x... JOHN C. LIBURD!. x... RICARDO MONTANEZ. x... THERESA MARY PHILLIPS. x... MICHAEL J. LICATA, x... PAUL J. MONTGOMERY, x... HOSEA L. PICKETT. x... THOMAS R. LIES. x... TODD L. MONTGOMERY, x... STEVEN A. PIETRUSZKA . x... JOHNS. LILLY. x... GREGG MONTIJO, x... ANTHONY S. PINO. x... STEPHEN ,J. LINSENMEYER. JR , x... LLOYD B. MOON. JR . x... ALFRED L. PITTS. x... MARK F. LIST , x... CHRISTOPHER L. MOORE. x... DA VIDE. PLANT. x... RODNEY K. H. LIU, x... DAVID A. MOORE. x... JONATHAN H. PLOTT. x... DARRELL A. LIVINGSTON. x... MICHAEL A. MORABITO. x... NICOLE H. PLOURDE. x... PA ULS. LOCKHART. x... LEWIS C. MORAN'l', x... GARY L. PLUMB, x... ROSEMARIE M. LOERAKKER. x... MICHAEL J. MORGAN, x... JAMES P. PLYLER. x... JEFFREY G. LOFGREN , x... WILLIAM A. MORGAN, x... JAMES B. POCOCK. x... JAMES C. LONG. x... DEATRIX M. MORRIS. x... ROBER'f D. POLLOCK. x... JAMES T. LONG, x... JOHNNY M. MORRIS, x... ROBER'l' N. POLUMBO. x... JOHN A. LOPER, x... ROBERT M. MORRISON, x... GARY W. POND, x... KEVIN W. LOPEZ, x... STEPHEN E. MORRISSEY, x... BILL POPE, x... PAUL M. LOUGHNANE. x... JUDITH B. MOSES, x... MARK A. POPE. x... WILLIAM P . LOVELACE. x... LEONARD S. MOSKAL, x... PAUL M. PORONSKY. x... MARY J. LOWE, x... STEPHEN J. MOSS. x... CHARLES H. PORTER. x... ROBERTA R. LOWE, x... GREGORY D. MOULTRIE, x... RUSSELL L. PORTER, x... MARC A. LUIKEN. x... PA UL A. MRAZIK, x... KENNETH 0 . PORTIS. x... GEOFFREY T . LUM, x... MARK R. MUELLER. x... JAMES N. POST, UI, x... DONALD A. LUNDIE, x... STEVEN C. MUHS. x... NATHANIEL T. POSTELLE. x... TIMOTHY T. LUNDIN, x... JULIE A. MULVEY, x... NORMAND. POTTER, x... TERRY L. LUST . x... STEPHEN M. MULVEY. x... JOHN D. POUCHER. II, x... MICHAEL C. LUTS, x... SERGIO C. MUNIZ. x... THOMAS J. POWERS. x... RUSSELLT . LUTTON, x... JA MES MUNN. JR, x... DARRELL J . PRA TT, x... GREGORY R. LYNCH. x... MICHAEL A. MURAWSKI. x... WILLIAM B. PRICE, x... KENNETH 0 . LYNN. x... ANDREW R. MURPHY. x... THORNTON E. PRIEST. JR . x... MITCHELL S. LYONS, x... KENNETH A. MURPHY. x... DENNIS C. PROKOPOWICZ, x... TAMARAC. MACKENTHUN. x... MARKD. MURRAY. x... MICHAEL L. PRUCEY. x... WILLIAM C. MACKINZIE, III. x... JA MES W. MYERS. x... JAMES E. PUGH. x... BRIAN R. MADTES, x... PA ULL. MYERS, III, x... MARVIN S. PUGMIRE. x... ROBERT J. MAHONEY. x... JA MES J. NALLY, x... MA RYL. PURDUE. x... GREGORY J. MAIN. x... WILLIAM M. NAPOLITANO, JR . x... VINCENT F. QUINN, x... SHERMAN A. MALONE. x... ROBERT T . NAUER. x... DELPHINE MARIA RAFFERTY. x... LAWRENCE E. MANNINO, JR , x... RICHARD G. NAUGHTON. x... FOWLER 0 . RAGLAND. JR. x... LEONARDO J. MANNING. x... DAVID NEGRON, JR. x... GLENDA P. RAICHLEN. x... THEODORE J. MANOLAS. JR , x... ANGELA NELSON. x... DOUGLAS J . RAILEY. JR . x... MICHAEL A. MARCINIAK, x... DEAN A. NELSON. x... LEONARD H. RAK, x... DANE A. MAROLT. x... DOUGLAS A. NELSON. x... LUIS A. RAMIREZ , x... DAVID P . MARONE. x... ERIC G. NELSON. x... LOUIS G. RANHOFER, JR. x... CALVIN T. MARTIN. x... RANDAL S. NELSON. x... CHARLES P. RAUPACH, x... EDWARD B. MARTIN. x... RANDY E. NELSON. x... SHIRLEY A. RAWLS. x... KEVIN L. MARTIN. x... SYLVIA S. NELSON. x... STEVENSON L. RAY. x... WILLIAM H. MARTIN. JR. x... ALLAN S. NETZER. x... MICHAEL K. REAGAN. x... LOUIS J. MARTUCCI. x... JOHN M. NEUHAUSER. x... TIMOTHY P . REAGAN. x... CALVIN B. MASON. x... ANDREW M. NICHOLS. x... NORMAN W. REECE, x... ANN M. MATONAK. x... WILLIAM B. NIXON. x... BRUCE A. REED, x... DENNIS 0 . MAY, x... ROBERT C. NOHRN, x... DOUGLAS J . REED. x... STEPHEN M. MAYBERRY. x... ROBERT C. NOLAN, II, x... ROBERT E. REHBEIN, x... STEPHEN 0 . MCALLISTER. x... JA MES 0 . NORMAN. x... JOSEPH L. REHM. x... DA NIELE. MCCABE. x... THOMAS J. NORTH. x... RICHARD B. REHS. x... BARRY L. MCCALL. x... MICHAEL NOSTRAND. x... JACK L. REIMANN, x... EARL V. MCCALLUM. JR. x... PHILIP M. NOSTRAND. x... JERRY RENNE. x... KEVIN P . MCCANDLESS, x... GREGORY P. NOWELL. x... LARRY L. REXFORD, x... DAVID R. MCCARTHY. x... DAVID H. NUCKLES, JR, x... CURTIS R. REYNOLDS, x... MARK R. MCCAUSLAND, x... WILLIE G. NUNN. x... RICHARD A. REYNOLDS. x... ROBERT S. MCCORMICK, x... ANGELO M. NUZZO. x... PATRICK L . RHODE, x... WAYNE L. MCCOY. JR . x... JA MES J. OAKLEY. x... WILLIAM H. RHODES. JR, x... LINDA K. MCCULLERS. x... ERIC M. OCONNELL. x... DON K. RHUDY, x... ROBER'f K. MCCUTCHEN, JR. x... RANDY A. OCONNOR, x... ROBERT E. RICCI, x... October 7, 1997 CONGRESSIONAL RECORD- SENATE 21379

DAVID L. RICHARDS , x... HARRY L. SNODGRASS. x... VINCENT C. VALDESPIN0 , x... CAROLYNE. RICHARDSON, x... WILLIAM R. SNOW, x... ROBERT M. VALEK , x... EDDIE L . RICHARDSON, x... MARK E. SNYDER. x... WILLIAM D. VALENTI, x... JOHN C. RILEY, x... JOHN L. SOKOLSKY. x... PAUL A. VALENTIC, x... TIMOTHY J. RINCON, x... DAVID F. SOLOMON, x... BURTON L. VANDENBURG, x... TIMOTHY P . RINGDAHL, x... DONALD G. SOMERVILLE, x... RICHARD S . VANDERBURGH, x... DENEAN P . RIVERA, x... BAXTER L. SOSEBEE, x... DEBORAH S. VANDEVEN, x... HECTOR V. RIVERA, x... TERENCE J. SPANN, x... MARK D. VANHEYNIGEN, x... TINA G. RIZZO, x... DON W. SPARKS, x... CAROLL . VAUGHT. x... LARRY E. ROAN, x... WILLIAM X. SPEIGHT, JR, x... RICHARD G. VAUGHT, x... DARRYL L . ROBERSON, x... MARTIN J . SPITEK , x... VICTORIA A. VELEZ. x... REID A. ROBERTS , x... JEFFREY W. SPRAGGINS , x... JOHN R. VENABLE, x... WILLIAM E . ROBERTS, III, x... ANITA K. SPRINGER. x... DARRELL M. VENTURE, x... ALBERT L . ROBERTSON, JR, x... TIMOTHY M. SPRINGER, x... GONZALO I. VERGARA, x... THOMAS E . ROBICHAU. x... DANA M. STABIN. x... GREGG K. VERSER. x... STEVEN W. ROBINETTE, x... KEITH B. STACHOWSKI, x... ROSS A. VICTOR. x... CHARLES M. ROBINSON, x... ROBERT J . STAIB, x... ERIC VINCENT, x... LORI J . ROBINSON, x... ELLEN J . STALEY. x... STEPHEN W. E. VINCENT, x... RICHARD A. ROCLEVITCH, x... ROBERT M. STAMBAUGH, x... TIMOTHY D. VINOSKI, x... JOHN ROGERS , x... EDWARD M. STANHOUSE, x... RUSSELL A. VOGEL, x... JOSEPH T. ROHRET, MICHAEL W. STANSBURY, x... x... KEITH A. VRAA, x... MARK A. ROLING, WENDELL T. STAPLER, x... x... DANIEL VRSNIK , x... CALVIN J . ROMRELL, CLARENCE B. STARK. Il , x... x... GLENN A. WADDELL, x... SUSAN B. ROSE, x... JOHN D. STAUFFER. x... MICHAEL F. WAGNER, x... TIMOTHY J. ROSE, x... KERMIT L . STEARNS, II, x... RONALD J . WAGNER, x... THOMAS E. ROSENSTEEL. x... LARRY STEELE, x... STEVEN D. WAGNER, x... DUANE P. ROSS . x... CAREY A. STEGALL, x... DAVID M. WAHL, x... RAYMOND J . ROTTMAN, x... JOSEPH V. STEPHANS, x... MARK T. WALDRON, x... STEVEN A. RUEHL, x... ERIC J . STEPHEN, x... EARL WALKER, x... STEVEN A. RUGGLES , x... WILLIAM D. STEPHENS , x... PAUL C. WALKER, x... KEVIN E. RUMSEY, x... GREGORY A. STEVENS, x... TRACEY A. WALKER, x... GARY W. RUSSELL, x... ROBERT K. STITH, x... ERNEST E. WALLACE, x... JOSEPH D. RUTKOWSICT, x... GREG J . STOCK, x... EDWARD T. WALSH, x... COLLEEN M. RYAN, x... LOWELL J . STOCKMAN, x... STEPHEN J . WALSH. x... MICHAEL C. RYAN, x... MICHAEL R. STOCKWELL, x... RONALD G. WALTERS , x... FREDERIC C. RYDER, x... RALPH 0 . STOFFLER, x... PAUL D. WALTON, x... RUSSELL E . SACKETT. x... RICHARD E. STONE. x... WALTER W. WANNER. JR , x... PAUL D. SADOWSKI, JR, x... KURT A. STONEROCK, x... JOSEPH S . WARD, JR , x... MAURICE E. SALCEDO. x... BRIAN W. STORCK, x... MARYMARGARET S . WARD, x... DAVID H. SAMMONS. JR, x... MICHAELS . STOUGH, x... TED W. WARNOCK, JAMES F. SANDERS, x... · ROBERT A. STOWE, x... x... JOE L . WASHINGTON, STEPHEN J . SATAVA, x... ROBERT L. STRADFORD. x... x... ROBERT M. WATKINS, MARKT. SATTERLY, x... DAVID A. STRAND, x... x... DAVID C. SAUTTER, x... JOHN R. STRASBURGER, II, x... DONALDS . WATROUS , x... STEPHEN D. SAWYER, x... SUSAN E. STREDNANSKY, x... ROBERT D. WATSON, x... JOHN J . SCANLON, x... XAVIER L . STREETER. x... DAVIDD. WATT, x... LARRY J . SCHAEFER, x... PAUL C. STRICKLAND. x... BRYAN L. WAUGH, x... SCOTT H. SCHAFER. x... ANTHONY B. STRINES , x... DYKE D. WEATHERINGTON, x... ALFRED C. SCHARFF. x... ELISABETH J. STRINES. x... , ERNEST G. WEEKS, x... FRED S . SCHEPPELE, x... PATRICK A. STROMAN, x... JOSEPH L . WEGNER, x... JOHN M. SCHIAVI, x... RUTH A. STRONG, x... JOHN D. WEIDERT, x... DAVID P . SCHILLER. x... THOMAS R. STULL, x... ROBERT F. WEILAND, JR . x... MAX M. SCHINDLER, x... JAMES L. SULLIVAN, x... STEPHEN P . WEILER, x... THOMAS J. SCHLUCKEBIER. x... SHANNON M. SULLIVAN. x... GUY W. WELLS, x... OLIVER E . SCHMOKER, III, x... MARK J . SURINA, x... JAMES G. WELTON, x... CHARLES J . SCHNEIDER, x... CHARLES D. SUTHERLAND, x... MATHEWS. WENGLER, x... JAMES S . SCHOENEMAN. x... CRAIG 0 . SUTTON. x... JAMES E. WEST, x... SHEILA L . SCHROCK, x... PHILIP A. SWANSON, x... SCOTT D. WEST, x... SCOTT G. SCHROEDER, x... EDWIN C. SWEDBERG, x... JEFFERY L . WESTERN. x... DONALD R. SCHUBACK. JR, x... WILLIAM R. SWEGER, JR , x... RICHARDT. WESTLAND, x... PAUL A. SCHUBERT, x... CHRISTOPHER L. SWIDER, x... RUSSELL MARK WETZEL . x... JOHN F. SCHULTE, x... TERRENCE C. SYKES, x... JOSEPH F. WHALEY, ID. x... BERNARD A. SCHWARTZE, x... GERALD E . SZPILA. x... CURT L . WHEELER. x... JOSEPH H. SCHWARZ, x... GREGG F. TANOFF. x... JOEL D. WHEELER. x... JAMES A. SCHWINDT. x... STEPHEN M. TANOUS, x... RICHARD J. WHEELER, x... JAMES M. SCIFRES , x... JAMES K. TATUM, x... ROBERT E . WHEELER, x... GEORGE D. SCISS, x... CLINTON E . TAYLOR, x... MARTIN WHELAN. x... DAVID A. SCOTT, x... JOHN R. TAYLOR. x... ROBERT K. WHITAKER, x... PAU LL. SCOTT, x... JOHN R. TAYLOR, JR, x... YULIN G. WHITEHEAD, x... ROBERT W. SCOTT, x... KERRY W. TAYLOR, x... JERRY D. WHITLEY, x... REBECCA N. SEEGER, x... TIMO'l'HY S . TAYLOR, x... MARCELLUS J . WHITT, JR , x... WILLIAM D. SELLERS , x... KURT A. TEMPEL , x... JON W. WICKLUND, x... RUSSELL J . SEVERINO, JR. x... JOSEPH MICHAEL TERRY. x... GARY M. WILBAS . x... JEFFERSON L . SEVERS, x... DEAN 'l'HEODOSAKIS, x... ERIC J. WILBUR, x... LEON A. SHAFER, x... BOB J . THOMAS, x... TERRYE . WILLETT, x... JAMES D. SHAFFER, x... KENNETH L. THOMAS , x... ROBERT J . WILLHITE. x... ROBERT H. SHAMBLIN, x... LEE E. THOMAS, x... JAMES D. WILLIAMS , x... JOHN N. T . SHANAHAN, x... ANTHONY C. THOMPSON, x... JOHN E . WILLIAMS , x... KENNETH M. SHARPLESS , x... DONALD W. THOMPSON, x... MARIANNE T. WILLIAMS , x... DEBRA A. SHATTUCK, x... GEORGE L . THOMPSON, x... TERRY W. WILLIAMSON, x... RICHARD G. SHAUGHNESSY, x... JEFFERY G. THOMPSON, x... DAVID J . WILMOT, x... MARK D. SHEEDY, x... JOHN F. THOMPSON, x... BRE TT. WILSON, x... JOHN J. SHELPMAN, JR , x... DAVID W. THORSEN, x... JAMES R. WILSON, x... WILLIAM L. SHELTON, JR, x... CARL D. THUNBERG, x... MONICA A. WILSON, x... MICHAEL M. SHEPARD, x... TERRY D. TICHENOR, x... ROBERT A. WIND, x... SETH D. SHEPHERD, x... ROBERT E. TILLEMA. x... MICHAEL P. WINSLOW, x... ROBERT S . SHEROUSE, x... KELLY TIMMONS, x... DONALD L . WffiTH, x... JOHN R. SHROYER, x... THOMAS L . TINSLEY, x... RICHARD L. WOJICK, JR, x... PAUL D. SIEVERT. x... STEVEN M. TIPPETS, x... JOHN R . WOODCOCK. x... MICHAEL 0 . SILAS , x... RICHARD C. TOLLIN!, x... ELDON A. WOODIE, x... KEVIN J . SILVA, x... THOMAS G. TOMARAS, x... JEFFREY S . WOOLSTON, x... ROBERT C. SILVA, x... FRANK G. TOMKO, x... WILLIAM N. WOOTTON. x... MICHAEL A. SILVER, x... ROBERT R. TOPP , x... EDWARD G. WORLEY, x... JOHN D. SILVIA, x... GEORGE TORRES , JR, x... JOSEPH WOTTON, x... DONALD E . SIMMONS, x... JUAN TORRES , JR . x... CELEO WRIGHT. x... THOMAS L . SIMPSON, x... JOSEPH A. TORSANI, III, x... ROBERT F. WRIGHT. JR , x... ERIC N. SINGLE, x... THOMAS J . TRASK , x... DONALD E . WUSSLER, JR , x... KEITH D. SINGLETON, x... KIM C. TRAVER. x... PETER R . WYMAN. x... ROBIN C. SITES , x... RUSSELL W. TRAVIS. x... CHARLES E. WYNNE, x... LARRY C. SKOGEN, x... TIMOTHY N. TRAVIS, x... MARKD. YAKABE, x... RANDALL A. SKOV, x... DAVID B. TREAT, x... GARY E. YALE, x... ALBERT L. SLY, x... BENJAMIN D. TROTTER, x... SEAN M. YERONICK. x... LEONARD C. SMALES, x... DAVID P . 'l'ROTTIER, x... STEPHEN M. YOUNG, x... DAVID R. SMITH, x... CARLE. TROUT, x... JEFFREY YUEN, x... GREGORY A. SMITH, x... ALAN B. TUCKER, JR , x... LYNN M. ZABKAR, x... HULAND C. SMITH, x... JOSEPH R. TURNAGE, JR , x... FELIX A. ZAMBETTI, III, x... JAMES E. SMITH, x... MARK L. TURNER, x... CLIFFORD A. ZAPF, x... JEFFRY F. SMITH. x... COUNT B. TYE. JR . x... DARRELL P . ZELKO, x... KENRIC SMITH, x... CLIFFORD P . UEHLIN. x... RICHARD E . ZIEBARTH, x... KEVIN B. SMITH, x... JEFFERY A. URIE, x... DAVID W. ZIEGLER, x... STEWART C. SMITH, x... JAMES W. URSCHELER, x... DAVID A. ZIOMEK, x... 'rIMOTHY J. SMITH. x... JOHN C. USTICK, x... ROBERT J . ZYRIEK, II. x...