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

Vol. 143 WASHINGTON, THURSDAY, OCTOBER 9, 1997 No. 140 Senate The Senate met at 12 noon and was SCHEDULE oxymoron list of the 1990’s—the oppo- called to order by the President pro Mr. LOTT. Mr. President, following 1 nents of this ill-advised attack on free tempore [Mr. THURMOND]. hour of debate, a vote will occur on the speech have just about worn everybody motion to invoke cloture with respect out, even in Washington where people PRAYER to the campaign finance reform bill. If actually talk about such topics over The Chaplian, Dr. Lloyd John cloture is not invoked, a cloture vote dinner. Some months ago, thanks to the dis- Ogilvie, offered the following prayer: will then occur on the Lott amendment tinguished Senator from Kentucky, I Blessed God, whose love never lets us dealing with paycheck protection to S. spoke on this issue and made what I go, whose mercy never ends, whose 25. Therefore, Members can anticipate thought was a pretty fair defense of strength is always available, whose two back-to-back rollcall votes at ap- guidance shows us the way, whose spir- free political discourse when the dis- proximately 1 p.m. I will notify Mem- tinguished Senator from South Caro- it provides us supernatural power, bers as to the rest of the day. We are lina proposed withdrawing first amend- whose presence is our courage, whose working now with the Democratic lead- ment protection from that same polit- joy invades our gloom, whose peace er to see if we can get some under- ical discourse. Senator HOLLINGS, by calms our pressured hearts, whose light standing as to how we will proceed the way, was up front. He was candid in illuminates our paths, whose goodness throughout the remainder of the day his approach, as opposed to the current provides the wondrous gifts of loved and, of course, how we will conclude proposals of so-called reform. ones and family and friends, whose will the week’s schedule. Having been through at least three has brought us to the awesome tasks of It is hoped that the Senate will be campaign reform efforts in the House today, and whose calling lifts us above able to vote on the VA–HUD appropria- of Representatives as a member of the self-centeredness to others-centered tions conference report. I believe that then Administration Committee and servanthood. We dedicate all that we is pretty well agreed to. We are also goodness knows how many campaign have and are to serve You today with hoping we will be able to get the papers task forces, and having paid attention unreserved faithfulness and unfailing and have a vote on the Transportation to the current debate, I have been hard loyalty. appropriations conference report, if a pressed to figure out what can be said You are with us today watching over recorded vote is required. And we hope that has not been said. However, it ap- all that happens to us. You go before us to have some discussion today on the pears as if there is a sure bet in regard to guide each step of the way. You are ISTEA authorization bill. We have re- to this topic. It is that those who insist beside us as our companion and friend, quests from Senators for a block of that they propose reform, regardless of and You are behind us to gently prod time around 4 o’clock. But we are try- the consequences, and wave their re- us when we lag behind with caution or ing now to get an understanding of how form banners from self-consecrated, reluctance. Through our Lord and Sav- we will proceed through the remainder high moral ground, they never seem to iour. Amen. of the day. Once that is worked out, we suffer from arm fatigue. When it comes will notify all the Members. Of course, to campaign reform, the high road of f we could have some action on the Exec- humility is not bothered by heavy traf- utive Calendar, in addition, before we fic in this town. RECOGNITION OF THE MAJORITY go out tonight. Despite the fact there is no clear con- LEADER I yield the floor, Mr. President. sensus or a majority in the Senate re- The PRESIDENT pro tempore. The Mr. ROBERTS addressed the Chair. garding alleged campaign reform, there able majority leader is recognized. The PRESIDING OFFICER. The Sen- is no mercy from the proponents of the ator from Kansas. effort to further federalize the Amer- f f ican electoral system, and we will ap- parently debate and vote, debate and UNANIMOUS-CONSENT AGREEMENT BIPARTISAN CAMPAIGN REFORM vote and say the same things over and Mr. LOTT. Mr. President, I ask unan- ACT OF 1997—CLOTURE MOTION over and over and over again. I would imous consent that the routine re- Mr. ROBERTS. Mr. President, I am surmise this is going to get a little quests through the morning hour be making today one of those ‘‘I did not tiresome, if not painful. But apparently granted, and that the Senate imme- intend to make a speech, but here I am the failure of past reforms does not diately proceed to 1 hour of debate. making a speech’’ speeches. I think deter or change the minds of current The PRESIDING OFFICER (Mr. most would agree that opponents of so- reformers. DEWINE). Without objection, it is so or- called campaign reform—a term, by Well, when you know all the answers, dered. the way, which should top the you haven’t asked all the questions.

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

S10719

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VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10720 CONGRESSIONAL RECORD — SENATE October 9, 1997 But in this debate, there is a new too much to set priorities on how those mental protection. I might support axiom: The fewer the facts, the strong- trillions will affect our daily lives and part of that. Opposition to a balanced er the opinions, and apparently the less pocketbooks in the next generations of budget; reduced defense spending; op- a thing can be proven, the angrier we Americans? Compared to what? position to current welfare reform. get when we argue about it. Americans spend $20 billion on dry I am not trying to perjure these posi- Nevertheless, I think we have an ob- cleaning and laundry. One 30-second tions. They are honest positions. The ligation to at least try to set the Super Bowl ad could finance three AARP, AFL–CIO, Common Cause, and record straight in regard to this issue campaigns for Congress. Columnist the many so-called nonprofit consumer and, in that regard, I would like to George Will points out that millions of groups have every right to express make the following observations: Americans gave $2.6 billion to 476 con- their views, and they do. These issues First, the distinguished Democratic gressional campaigns and still had are bigtime stuff. How we decide these leader of the Senate, Senator DASCHLE, enough left over to spend $4.6 billion on issues will affect the daily lives, pock- a good friend, stated on the floor that potato chips. We can apply the same etbooks, and future of every member of there should be no confusion—no con- thing to yogurt or almost anything the these organizations, every American. fusion—that the question is, do you American people will spend their hard- Organized labor should weigh in. Boy, support meaningful reform in response earned dollars on. they sure as heck did in the last elec- to the hearings regarding all of the il- While having the privilege of pre- tion in my campaign. But so should the legal campaign activities apparently siding in this body, I remember well business community and farmers and conducted in the last Presidential cam- the chart displayed by proponents of ranchers and small business Main paign. this bill. It showed the so-called dra- Street America, and all of the folks The only problem with the Senator’s matic increase in campaign spending who might just disagree on how we get statement is that the campaign finance since 1976. It did not show the causes— there from here on these issues. The reform bill is not reform. Let me re- the increase in postage, radio, TV, truth of it is this reform is skewed to peat that, it is a reform bill that is not newspaper ads, printing, phone banks, a particular political point of view. It reform. It will not work. It again leads campaign workers, all of that. It did is called unilateral retreat from the po- us down the road to a maze of election not show virtually everything else that litical playing field for those who have laws, rules, and regulations that favor Americans must purchase in this coun- a political view different from you, but incumbents, restricts desired political try has also increased—homes, edu- we will continue our vote, our vote participation on the part of the Amer- cation, automobiles, health care—not buying, really, through the Federal ican people, and would tripwire honest to mention the purchasing power of the budget. candidates and citizens into criminal individual citizen. Take the proposal to ban so-called acts. To make matters worse, the bill Senator MCCONNELL has pointed out soft money. Ban soft money and all of is fundamentally flawed and is what I that in 1996, we had a pretty high- the interest groups whose future is and hope—I hope—is an unintended attack stakes election, a very important elec- will be decided in part by the decisions on the most basic right of individuals tion. There was a fierce ideological of those who propose the ban will sim- guaranteed by our Constitution, and battle over the future of this country. ply bypass the Republican and Demo- that is the right of free speech, the On a per eligible voter basis, the con- cratic Parties and will conduct their right written first, the right without gressional elections cost $3.89. Every own campaigns, and we will have a fur- which no other right can long exist. voter in America, dividing it up equal- ther weakening of the two-party sys- Well, I know that people who think ly, is $3.89, about 4 bucks. The Senator tem. That is wrong. That is detri- they know it all often annoy those of pointed out that that is roughly the mental. us who really do, but for the life of me, cost of a McDonald’s extra value meal. I know soft money has become a pej- how this concoction can be labeled or The second major flaw I think in orative, but, in fact, it is the only disguised as ‘‘reform’’ is beyond me. McCain-Feingold is that no matter how money spent today on campaigns by Senator MCCONNELL said it best when you try to regulate or cap the flow of the American people that is not under he stated: money to campaigns, it reappears, control of the Federal Government. We My goal is to redefine reform, to move the most of the time in the murky and ille- haven’t got our fishhooks into the reg- debate away from arbitrary limits and to- gal shadows with little or no public dis- ulations and redtape and all that goes ward expanded citizen participation and po- closure. Witness the circumvention of with it. litical discourse. current campaign laws in regard to the Are we really saying, Mr. President, He said McCain-Feingold is a failed money laundering scheme among cer- are we really saying that in America approach. It is. We already have it in tain interest groups, the Democratic citizens and various interests groups the Presidential system. It is a failure. National Committee and the Teamsters whose very economic future depends on So, for all the good press and good in- Union. the decisions we make in this Congress tentions, McCain-Feingold is a bad bill. To make matters worse, McCain- cannot support or oppose those can- Why? The basic premise of the bill is Feingold compounds the felony. In- didates? Think about it. ‘‘I’m sorry, flawed, Mr. President. That premise is stead of focusing on blatant violations you cannot invest in good government, that too much money is corrupting pol- of current law, the reformers want to you cannot express your point of view itics. No, it is not. place limits on money spent to support independent from the FEC.’’ There are Oh, now, now, I realize that our oppo- or defeat candidates for election. many countries in which that is the nents and all of the so-called special And therein, Mr. President, lies the case—China, Iraq, Iran, North Korea. I interest groups—those groups who do ‘‘Aha!’’ of this current debate, what is do not think we want to go down that not agree with us—they have too much really going on. As Paul Harvey says, road. money, I know that. And I realize when the rest of the story. It is pretty sim- ‘‘I am sorry, Farmer Jones, you can- they spend it on negative ads opposing ple, really. Just take the interest not run an ad or distribute a handbill me or positions that I favor, that groups who are pushing for this so- opposing PAT ROBERTS in his freedom- spending should be banned or limited called reform and then take a look at to-farm bill 60 days before the election. —boy, I’m for that—or at least capped. their legislative agenda. I wrote it That’s soft money. You can’t do it.’’ Too much spending? Compared to down. I had a staff member go through The same thing for farm organizations what? The Citizens Research Founda- it. All the interest groups that are for or commodity groups—unless, of tion has reported that campaign spend- campaign finance reform and then course, you are a newspaper or a labor ing for all offices in 1996 added up to their legislative agenda: union. about $4 billion. All offices of the Nationalized health insurance; status How do you define a newspaper, by United States, $4 billion. That is a lot quo on Medicare and Social Security— the way? It used to be to be a news- of money. But that compares to one- this is my version; increased Federal paper you had a hatrack, and then you twentieth of 1 percent of the gross do- role in education; opposition to liabil- had a typewriter, and you had a letter mestic product in our country of $7.6 ity and tort reform; opposition to tax press, and you had somebody run it. trillion. One-twentieth of 1 percent is cuts; increased Federal role in environ- You had a list. You had advertisers.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10721 You had to get your printing equip- jumps ahead of Washington and any the gallery are represented by corpora- ment somewhere. You had the local proponent of reform we have in this tions that would have no prohibition printing contract for the county. body. ‘‘That would be genuine reform.’’ whatsoever. Cox Broadcasting, one of Today, a newspaper is when you have I yield the floor. the largest communications institu- a computer. You can manufacturer Mr. MCCONNELL addressed the tions in the world, could say anything your own newspaper—Pat Roberts Chair. it chose through all of its affiliates, the Weekly News, published every day. I do The PRESIDING OFFICER. The Sen- Atlanta papers, their cable television, not know how you are going to define ator from Kentucky. whatever, could say anything they this. Who is going to be in charge? Mr. MCCONNELL. I want to take a chose about any candidate, their mo- Finally, let me stress the most seri- moment to thank my good friend from tives for or against any vote as often as ous flaw in the McCain-Feingold bill, Kansas for really an excellent speech they wanted at any time they chose and that is money spent to express and important contribution in this de- under this legislation, but Georgia Pa- your views or the views of voters can- bate. Not only was he right on the cific, which grows trees, could not. not be regulated or banned without mark, he was fun to listen to. I want to know, what is the dif- being at odds with the first amend- Mr. President, I yield the floor. ference between corporation A that ment. We simply cannot improve the Mr. COVERDELL addressed the happens to print a newspaper and cor- integrity of any political system by re- Chair. poration B that happens to grow trees? stricting the political speech under the The PRESIDING OFFICER. The Sen- The forefathers said there shall be no banner of reform. ator from Georgia. difference. But this legislation says Speech controls in the last 60 days of Mr. COVERDELL. Mr. President, I, that we will manage the difference a campaign envisioned in the bill rep- too, commend the Senator from Kansas here. Cox Communications, say any- resent the lawyer full-employment act. for his illuminating remarks and the thing you want. Georgia Pacific, you’re Just read the provisions exempting the Senator from Kentucky for enduring out. Shove off. voter guides and try to figure it out. this process for now years. It picks certain kinds of corporations Well, finally, I must say, with all due I want to come to the reference to that are at liberty to participate and respect—this may be viewed as a little the Constitution by the Senator from others that are removed from partici- partisan on my part—but with all due Kansas. The Constitution that says pation. That is an abridgement of the respect, that the administration’s posi- that: Congress shall enact no law to Constitution. tion in regard to campaign finance rep- abridge speech. Let us come to this business of asso- resents a new threshold for what is po- It does not say there are no exemp- ciation, the right to associate, to say litical chutzpah. Here we have evidence tions. It says the Congress shall enact what you want, and what constitutes presented before the Senate Govern- no law to abridge speech. free speech. mental Affairs Committee itemizing Let us put this in context. This lan- In those days there were pamphlets. campaign malfeasance that includes guage is in the first amendment of the Now it is television and radio, tele- everything from Buddhist nuns; un- Bill of Rights which grants us the right communications and computers. This precedented misuse of our Nation’s in- to speak as we would, the right to wor- legislation says free speech is only telligence agencies—let me repeat, un- ship as we would, the right to assem- given to certain kinds of institutions precedented misuse of the CIA for cam- ble, which is also part of this debate, and it is denied others. You know, the paign activities—that is unprece- and the right to petition our Govern- basic right to assemble, it says to dented; money laundering in exchange ment without fear. those people, you can assemble, but, for taking sides in a Teamsters elec- All of us would like to see the cam- boy, you cannot say anything about a tion; a fugitive influence peddler paign process improved. There have campaign for the 2 months before it. bribing his way to the President’s been many who have mentioned trans- You cannot mention a candidate’s side—he did not get his way, thank parency or disclosure, making sure name. You cannot participate. You goodness—soft money turned to hard, that the American people know what is cannot express your view, if you are for circumventing existing campaign lim- happening and when it is happening or against a candidate. its; and now missing tapes of the White and trust in their judgment to make So it is not only a violation of the House coffees or fundraisers. good decisions about whether they like principle of freedom of speech, but it is In answer to all of this, Mr. Presi- it or do not. a violation of the principle of assem- dent, the people who have been caught This legislation abridges the Con- bly. The forefathers envisioned peo- with their hands in the campaign viola- stitution, begins to manage speech, ple—the Farm Bureau—people coming tion cookie jar say we need a new cook- picks winners and losers, and attacks together to make a case, to speak to an ie jar. President Clinton stating he will the fundamental rights of assembly. issue. This says, ‘‘No; that’s a deter- take the bully pulpit for campaign fi- You have to go back. In the early rent in our society. We’re going to have nance reform is like somebody charged days, particularly 1775, before you to manage you. And we’re going to re- with drunk driving insisting we lower could create a society or an association move you from the political process.’’ the speed limit for everybody else. in the United Kingdom—which was the The last point I will make, Mr. Presi- Mr. President, in regard to President genesis of all the secret societies. The dent, is this: After you have tried to Clinton, the administration and the forefathers here knew of all of this ac- manage these processes, and you have proponents of reform that is not re- tivity. So that is why they framed the given some people freedom of speech form, the greatest of faults is to be language that Congress shall enact no and others not, some that can assemble conscious of none. In this regard, I do law to abridge freedom of speech or the and some that cannot, what have you not mean to malign the President or right to associate. They had vivid ended up with, outside of abridging the my dear friends across the aisle, but memories of governments that prohib- Constitution? You have reinforced the this is not reform. I urge a ‘‘no’’ vote ited and managed speech and threat- power of incumbents. Because if the on cloture. Let us get on with the busi- ened and intimidated people who spoke money can only flow to candidates, ness of the Senate in the United freely and forbid organizations from which candidate is it going to flow to? States. joining together for the purpose of pe- The incumbent in power or the chal- Oh, and real campaign reform? As titioning or speaking out. The lan- lenger? The person that is more known stated by Robert Samuelson in his col- guage in the Constitution is derived and has access to the facilities of that umn in Newsweek, ‘‘The best defense from the fear those people had of what power or the person that is on the out- against the undue influence of money goes on when governments tell people side? is to let candidates raise it from as what they can say and when they can Well, you do not have to be a rocket many sources as possible—and most say it. scientist to know the money will flow important—’’ most important, do not This legislation picks corporations to the incumbent. You can call this the infringe upon the first amendment, that can say anything they want and Incumbent Protection Act. It will be a ‘‘let the public see who is giving.’’ picks other corporations and says they magnet. It will move money to power. They can figure it out. They are six cannot say anything. People up here in And it intimidates and chills people

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10722 CONGRESSIONAL RECORD — SENATE October 9, 1997 from speaking out, which has been— up a bill that reasonable people dis- that our bill would protect incumbents. you know, the genesis of all American agree about with regard to one aspect Well, it is rare I’m on the floor and I glory is our freedom. The genesis of all of its constitutionality? What is the just laugh out loud, but how can a sys- American glory is that we have been a threat to the Republic? Nothing, unless tem that already exists and has a 90- free people, and it has made us behave we have somehow eliminated the third percent reelection rate for incumbents in unique ways. We are bold. We are vi- branch. get much more proincumbent? What sionary. We are builders. And we are Then, of course, we have been treated are we going to do, force people to stay not afraid. This kind of legislation again to my favorite argument in oppo- in office? Are we going to have instead chills and separates and is not healthy sition to this bill, that there is not of term limits, term requirements—you to the Republic. enough money in politics. We heard it have to stay here? It is absurd to sug- Mr. President, I yield the floor. again today. gest that our bill would have any im- Mr. FEINGOLD addressed the Chair. I have to tell you, that argument has pact to protect incumbents. It is just The PRESIDING OFFICER. The Sen- proven to be the biggest loser of all the opposite. ator from Wisconsin. with the American people. Does anyone If we had a fair chance to raise the Mr. FEINGOLD. Thank you, Mr. really believe that the best thing that issue, we would have brought up what President. can happen in this society is that more Senator MCCAIN and I like to call the This morning we have another oppor- money gets spent on election? challenger amendment to provide in- tunity to speak again about this issue, Let’s remember what Mr. Tamraz centives and opportunities for can- campaign finance reform, which many said before the Governmental Affairs didates who cannot afford a great deal people wish would go away but it is not Committee on September 18, 1997. He is to participate in the process by getting going to. Again, it is a chance to re- one who certainly understands what to the benefit of reduced costs in their view sort of the kaleidoscope of argu- do and what it means if we are going to television time. ments that have been used to condemn keep expanding the role of money in These are some of the arguments our efforts on the McCain-Feingold bill politics. This is what he had to say in that have been used that I think are pretty well worn. In fact, let me just il- and other campaign finance reform response to a question from our col- lustrate how serious this ratification of proposals. league, the Senator from Connecticut the current system is by going back to Listening to the Senator from Geor- [Mr. LIEBERMAN]. one example. This is the example of the gia, we hear again the claim that what Senator LIEBERMAN. So, do you think you Federal Express Corp. This is what is is really wrong with this bill is that it got your money’s worth? Do you feel badly about having given the $300,000? being ratified, by the attempt to kill violates the first amendment—which, Mr. TAMRAZ. I think next time I’ll give campaign finance reform. We are doing of course, we dispute and also find just $600,000. nothing to prevent the episode that I’m a little amusing when you consider, Our colleague from Michigan, Sen- about to describe. In fact, we are tell- first of all, that if there is any problem ator LEVIN, asked a very direct ques- ing Corp.s in this country if you are with this bill under the first amend- tion: going to protect your shareholders and ment, we still do have nine people Senator LEVIN. Was one of the reasons you fulfill your fiduciary duties, you better across the street who know how to han- made these contributions because you be- play this soft money game and play it dle that. lieved it might get you access? That’s my hard and fast or otherwise you will lose But many of the same Senators who question. out in the competitive world. are condemning our bill from the point Mr. TAMRAZ. Senator, I’m going even fur- ther. It’s the only reason—to get access, but In other words, it is the opposite of of view of the first amendment are what I thought the other party was some of the first in line who are ready what I am saying is once you have access what do you do with it? Is it something bad about—free enterprise. This is the an- to amend the first amendment. That is or is it something good? That’s what we have tithesis of free enterprise. This encour- part of the agenda of many of the folks to see. ages the purchasing of access and on the other side of the aisle. Mr. President, this is a picture, a power in Washington, not the fair, free- There is no compunction at all on the portrayal of the vision that some of my market competition that so many of us part of some of these folks to pass a colleagues have. The more money, the believe is the underpinning of our econ- flag-burning amendment to the first merrier. The more Mr. Tamrazes, the omy. This is the polar opposite of that. amendment, to make an exemption of more $300,000 contributions, the con- Now, the Federal Express Corp. want- free speech there. No concerns at all tinuing buying of access. ed, for a very long time, to get a provi- with regard to the first amendment Their answer is to do absolutely sion into the law that would prevent and related rights in passing a school nothing, to do nothing, to let this cam- their unions from organizing in a way prayer amendment, which many of our paign financing arms race continue. that would be meaningful and allow opponents believe would not be a viola- Another tactic is to somehow pretend— them to get the benefits that they need tion of the first amendment and which this is the tactic of the majority lead- and the salaries they want from the I think would be. er—that the whole problem is just one Federal Express Corp. The record of Virtually every opponent of this bill group of people, the working people of FedEx with regard to employees and had no problem at all coming out here this country as represented through unionization is not a good one, and the on the floor of the Senate and voting unions. As if anyone in the United Federal Express Corp. tried repeatedly for the Communications Decency Act, States of America honestly believes to get a rider attached to various bills which to me was the most blatantly that the only group that has partici- that would do this. They never had a anticonstitutional censorship bill we pated too much in the money aspect of hearing on a rider in the House Avia- have seen in a very long time, and the system is organized labor. As if it tion Subcommittee; they tried to at- every single Member of the Supreme doesn’t involve corporate spending. As tach it to the fiscal year 1996 omnibus Court agreed; 9–0 they ruled that this if it doesn’t involve the spending of ide- appropriations bill and failed; the bill, the Communications Decency Act, ological groups. I have to tell you I House Republicans tried to attach it to was unconstitutional. Where were all have absolutely no concern that even the fiscal year 1996 omnibus, another the Senators out here talking about the most conservative antilabor person appropriations bill, and failed; they the first amendment when I came out in America doesn’t believe that the tried to attach it to the National here in a rather lonely manner and whole campaign finance system prob- Transportation Safety Board Author- said, ‘‘By the way, this on its face can- lems have been caused by labor. No- ization Act and failed; they tried to at- not possibly pass muster’’? Where was body believes that. Yet that has been tach it to the Railroad Unemployment the concern for the first amendment? the strategy employed on the floor—to Act and failed; the Senate Republicans It was not there. say unless you interfere with the basic supported attaching the Labor-HHS So I am puzzled about what the fear rights of people that join together in a Appropriations Act in the Appropria- is. If it is so easy to play with the first union on a voluntarily basis, that the tions Committee and failed; it was not amendment when it comes to school whole issue isn’t worth discussing. included when the FAA Reauthoriza- prayer and flag burning and the Inter- Then of course we heard again from tion Act passed the House; it was not net, what is the problem with sending the Senator from Georgia, this notion included when it passed the Senate.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10723 And only at the end of the road, with guished from other corporate lobbying by de- nation. In the 1993–94 election cycle it gave no positive vote in favor of this provi- gree and skillful application: a generous po- more than $800,000 to 224 candidates for the sion at any point, it was placed in con- litical action committee, the presence of House and Senate. According to the Federal popular former Congressional leaders from Election Commission, it gave $600,500 to can- ference committee and brought out to both parties on its board, lavish spending on the floor. We remember well last year didates in this cycle through August. The lobbying, and a fleet of corporate jets that company has also donated more than $260,000 the fact that we had to actually keep ferry dozens of officeholders to political this year to the Democratic and Republican the Senate a few days in session to events around the country. parties. make the point on this. This was not a Mr. Feingold said that as he tried to rally support against the Federal Express legisla- In the first six months of 1996, Federal Ex- technical correction, as was argued. In press reported spending $1,149,150 to influ- fact, what happened here was that at tion, he was frequently and fervently rebuffed by colleagues who said they had ac- ence legislation, an investment that in- the very same time this effort was quired obligations to the company. cluded the hiring of nine Washington lob- being made by FedEx Corp., some cam- ‘‘The sense I got was that this company bying firms. Typically, a company hires a paign contributions were being made. had made a real strong effort to be friendly number of lobbying firms because each one Mr. MCCONNELL. Will the Senator and helpful to Congress,’’ Mr. Feingold said. has a relationship with an individual law- yield? He would not identify the lawmakers but maker who may be important on particular Mr. FEINGOLD. After I finish this. said that as he approached them about the issues. legislation, he discovered that many just Mr. MCCONNELL. About getting wanted to talk about how Federal Express ‘‘The sky’s the limit for Federal Express speakers in before 1 o’clock. had helped them. ‘‘In these informal con- when it wants to get its own customized reg- Mr. FEINGOLD. I will try to con- versations, people mentioned that they had ulatory protection made into law,’’ said Joan clude quickly. flown in a Fedex plane or gotten other fa- Claybrook, president of Public Citizens, a Mr. President, at this time, the Fed- vors,’’ he said. Washington-based government watchdog eral Express Corp., according to Con- Senator Ernest F. Hollings, a South Caro- group. gressional Quarterly on October 2, 1996, lina Democrat who proposed the amendment During the legislative debate last week, it had contributed, between October 17 to help Federal Express, said he did so be- appeared that the company also used a and November 25, $200,000 to the Demo- cause he was grateful to the company for its United States Ambassador to press its case, willingness to use its planes to fly hay to his cratic Senatorial Campaign Committee but the diplomat and company have denied state during droughts. that. and $50,000 to the national Republican But others say lawmakers benefit more di- Senatorial Campaign Committee. Spe- rectly. Senator Paul Simon, an Illinois Dem- When a lobbyist for organized labor sought cifically, the company also gave ocrat who is retiring this fall, said that in a to talk to Senator J. Bennett Johnston $100,000 to the Democratic National caucus of the Senate’s Democrats just before about the Federal Express issue, Mr. John- Committee and $100,000 to the Repub- the recess, one senior senator refused to op- ston replied in the presence of several wit- pose the company, bluntly telling his col- nesses that he already had made up his mind, lican National Committee right before leagues, ‘‘I know who butters my bread.’’ because he had just been successfully lobbied this provision was stuffed into con- Mr. Simon would not identify the law- on the issue on behalf of Federal Express by ference committee. maker except to say he was a longtime mem- James R. Sasser, Mr. Sasser, a former Demo- Now, this is the kind of democracy ber of the Senate. cratic senator from Tennessee, is the current ‘‘I know that I have ridden in their planes that we are ratifying. Ambassador to China and would be prohib- several times,’’ said Mr. Simon, who opposed I ask unanimous consent to have ited from lobbying on behalf of Federal Ex- Federal Express on this bill. ‘‘But what hap- printed in the RECORD an article from press. pened here was just a blatant example of the the New York Times dated October 12, power of their political efforts. If the John Mr. Johnston, a retiring Democrat from 1996, entitled ‘‘This Mr. Smith Gets His Smith company came along and asked for Louisiana, said through his spokeswoman Way in Washington, Federal Express the same thing, it wouldn’t have a prayer.’’ that his comment was a ‘‘terrible slip of the Chief Twists Some Big Arms.’’ Federal Express, Tennessee’s biggest pri- tongue.’’ The spokeswoman said that Mr. There being no objection, the mate- vate employer, makes no apologies either for Johnston had just been lobbied by Frederick rial was ordered to be printed in the the merits of the legislation it sought or for Smith, the founder and chairman of Federal its efforts to establish relationships with RECORD, as follows: Express, and that he had meant to use Mr. members of Congress. Smith’s name. [From the New York Times, Oct. 12, 1996] ‘‘We play the game as fairly and aggres- THIS MR. SMITH GET HIS WAY IN WASH- sively as we can,’’ said Doyle Cloud, the vice The spokeswoman, Audra McCardell, said INGTON—FEDERAL EXPRESS CHIEF TWISTS president of regulatory and government af- that Senator Johnston had lunch earlier in SOME BIG ARMS fairs for Federal Express. ‘‘We have issues the week with Ambassador Sasser and that the Federal Express matter had come up ‘‘in (By Neil A. Lewis) constantly in Washington that affect our ability to deliver the services our customers chitchat.’’ She said that Mr. Johnston had WASHINGTON, Oct. 11.—As the Senate demand as efficiently as possible.’’ merely told Mr. Sasser how he was going to rushed to adjournment earlier this month, For example, Mr. Cloud said, Federal Ex- vote on the issue. For his part, Mr. Sasser, one odd and seemingly inconsequential item press regularly seeks to make clearances who was retained as a consultant by Federal stood in the way: the insertion of a few through customs easier to increase effi- Express before his confirmation as an ambas- words in a 1923 law regulating railway ex- ciency. ‘‘To do things like that, it’s abso- sador, said in a telephone interview that he press companies. lutely necessary that we are involved politi- did not lobby Mr. Johnston, although they It was not the kind of thing that would or- cally as well as regulatorily,’’ he said. might have discussed the issue. dinarily seize the attention of senators eager In addition to its cargo fleet, Federal Ex- Mr. Smith spends considerable time in to go home barely a month before Election press maintains four corporate jets that Washington, where he is regarded as Federal Day. But they stayed in session until the when not used for company trips are made Express’s chief advocate. It was Mr. Smith language was enacted, because the bene- available to members of Congress. Mr. Cloud ficiary of the arcane language was the Fed- said that they were used mostly to ferry who hit a lobbying home run in 1977 when he eral Express Corporation, which has become groups of lawmakers to a fund-raising event persuaded Congress to allow the fledgling one of the most formidable and successful and only rarely for an individual lawmaker. company to use full-sized jetliners to carry corporation lobbies in the capital. Congressional regulations require that its cargo, rather than the small planes to Federal Express wanted the language lawmakers using corporate aircraft reim- which it had been restricted. Mr. Cloud said change because it might exempt its oper- burse the company for the equivalent of that was the watershed event that allowed ations from the National Labor Relations first-class air fare, and Mr. Cloud said that the company to grow to its present domi- Act and, as a result, help it resist efforts by was always done. Records maintained pub- nating position in the industry, with almost unions to organize its workers. Despite pas- licly by Congress do not show how often $10.1 billion in annual business. sionate speeches by opponents on behalf of members use corporate flights. Federal Ex- Federal Express has also been able to get organized labor, the company was able to en- press declined to make the company’s other special provisions written into the law. gineer a remarkable legislative victory, pre- records available, but Mr. Cloud said that In 1995, for example, Congress gave it an ex- vailing upon the Senate to remain in session during political seasons, Federal Express emption from certain trucking regulations. two extra days solely to defeat a filibuster might fly a group of lawmakers, about once It has also won exemptions from noise abate- by its opponents. a week. ment requirements. ‘‘I was stunned by the breadth and depth of Two popular former lawmakers, mean- their clout up here,’’ said Senator Russell D. while, serve on the Federal Express board: The provision that Federal Express suc- Feingold, a first-term Democrat from Wis- George J. Mitchell of Maine, the former cessfully sought last week was insertion of consin who had opposed the change. In the Democratic leader of the Senate, and Howard the words ‘‘express company’’ in legislation end, Mr. Feingold was one of 31 senators who H. Baker Jr., the former Republican leader of that designates companies that can be orga- voted against Federal Express. the Senate. nized by unions only under the Railway Senators say the ingredients in Federal The company’s political action committee Labor Act. Under that law, unions are al- Express’s success are straightforward, distin- is one of the top five corporate PAC’s in the lowed to organize only in national units,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10724 CONGRESSIONAL RECORD — SENATE October 9, 1997 rather than locally. Federal Express is fight- Federal Express has been a major success from organizing the way they want. ing efforts by the United Automobile Work- story in the competitive global economy, That is the kind of democracy and ers to unionize its drivers. Of the 130,000 do- and is worthy of American support. Its gam- economy that we will have if the fili- mestic employees of the company, only its ble in setting up a hub at Subic Bay has revi- busterers prevail. 3,000 pilots are unionized. talized the area around the old naval base. It Allen Reuther, the U.A.W.’s chief lobbyist, makes sense in the new age of commercial I yield the floor. said that the union found it ‘‘especially out- diplomacy for the United States to help The PRESIDING OFFICER. The Sen- rageous for the Senate to provide this special American companies in their attempts to ator from Maine. interest provision for just one company.’’ win contracts and market access. But such Ms. SNOWE. Mr. President, I rise Federal Express and its supporters in the an approach is simply undercut in the eyes today along with my colleague from Senate attached the legislative language as of the world when it looks like nothing more Vermont to express my disappointment a rider to an airport bill that promised doz- than a payoff for a large political donation. ens of local airport improvements and en- In addition, the United States needs to be and regret that the Senate has missed hanced security measures. Many lawmakers sensitive to the risks of favoring one com- an opportunity today to coalesce who usually vote with labor decided the bill pany’s interests over another’s, however around a middle ground that would had to pass, even with the Federal Express plausible that company’s case. The appear- allow campaign finance reform to ad- provision. ance of evenhandedness was undermined by vance. But the votes of 17 Democrats to help Fed- Mr. Clinton’s ill-advised meeting with Mr. Together with Senator MCCAIN, who eral Express by ending a filibuster against Smith. Until now, the United States has re- deserves our gratitude for his courage the provision—including that of Senator frained from the tougher approach of the Thomas A. Daschle of South Dakota, the mi- sanctions demanded by Federal Express. and tenacity in bringing this issue to nority leader—angered labor officials, espe- Though sanctions might well be justified and the fore, along with Senator JEFFORDS cially John J. Sweeney, president of the certainly would be legal, there was good rea- and Senator SPECTER, I have worked A.F.L.–C.I.O. Some union leaders said they son to hesitate. Sanctions could well invite over the past week to forge a com- might withhold future contributions to the Japanese retaliation, which, in turn, would promise that would address the two Democratic Senate Campaign Committee. almost certainly damage other American concerns that have emerged as the But after Senator Edward M. Kennedy of companies doing business in Japan. In nego- Massachusetts, who led the filibuster, visited chief stumbling blocks to Senate pas- tiating with Tokyo, the United States has to sage of campaign fiance reform. Name- Mr. Sweeney on Thursday with a note of weigh the interests of everyone, not just thanks for his support, the tension eased and Federal Express. ly, the objection of Republicans to a union officials relented. President Clinton The point is that the United States’ bar- package that does not address the issue signed the airport measure into law on gaining position with Japan has been weak- of protecting union members from hav- Wednesday. ened because of Mr. Smith’s clumsy inter- ing their dues used without their per- Mr. FEINGOLD. I ask unanimous vention and the Administration’s willingness mission for political purposes with consent a related article a year later in to peddle White House meetings. Even which they may disagree. And the ob- the New York Times, August 25, 1997, among those in the White House who op- jection of Democrats to singling out entitled, ‘‘Face Time for Federal Ex- posed the idea of sanctions, there was agree- ment that Mr. Smith had a legitimate com- unions while not providing similar pro- press’’ be printed in the RECORD. plaint. It will be understandable now if tections for members of other organiza- There being no objection, the mate- Japan takes less seriously an American de- tions, or for shareholders in corpora- rial was ordered to be printed in the mand that looks so obviously like a favor to tions. RECORD, as follows: a political contributor. Last week, in response to concerns [From the New York Times Aug. 25, 1997] Other airlines have reason to fear that which had been raised by the minority Federal Express will gain an upper hand over FACE TIME FOR FEDERAL EXPRESS leader, we proposed an alternative that them. The way to remove such suspicions is would provide the same protections to When a big corporate political donor is in- obvious. Enacting legislation banning open- vited to press his company’s case at the ended contributions by individuals and cor- members of organizations across the White House before the President, he is prob- porations is the only way to restore integ- board, and to shareholders of corpora- ably going to expect results. But the attempt rity to the process in Washington. tions. Together with Senator JEF- by Federal Express to buy influence with the FORDS, Senator SPECTER and Senator Clinton Administration over an economic Mr. FEINGOLD. That article details dispute with Japan, which was disclosed last a similar series of activities that had MCCAIN, we fine-tuned the proposal week, has not helped anyone. to do with FedEx’s desires with regard into a balanced approach with the po- Instead of advancing his company’s inter- to trade and Japan. Here is the real tential to move this debate forward. It ests, Frederick Smith, the Federal Express conclusion of the story, and I want oth- appeared our plan was the best hope of chairman, has probably set them back. ers to have a chance to speak, so let me preventing a filibuster and advancing Thanks to the now well-documented tend- continue by saying we all remember campaign finance reform. ency in this White House to mix policy-mak- Unfortunately, our efforts to make ing with insatiable political fund-raising, a that the United Parcel Service had a sensible objective for the United States has strike not too long ago. It was the big- the process work in this instance will been tainted and the 1996 Democratic fund- gest news in America. Who is their not succeed today. Despite our willing- raising effort has been revealed once again as competitor? The Federal Express Corp. ness to forge a compromise which structurally corrupt. The Federal Express Corp. used this would address the concerns of both President Clinton says he is proud of the process, this fundraising process, this sides—we have not been able to secure fund-raising he and his party carried out in access process, this soft money process, an agreement to ensure passage of the recent years, and that there were no direct compromise. quid pro quos for donors. But the episode in- to get a special benefit so they don’t volving Federal Express, first reported in the have that kind of union. They don’t The criticisms of our proposal from Washington Post, provides a case study in have that kind of strike because their both sides are typical of the concerns why the system he embraces not only has folks can’t get together to do that be- when a proposal strikes a balance be- polluted American politics but has actually cause of Federal law. tween two dies. Nobody really likes it. damaged American interests abroad. What happened? Apparently, as a re- One side feels we go too far. The other At issue is a long-running demand by Fed- sult of the UPS strike, FedEx bene- side feels we don’t go far enough. eral Express to fly cargo through Japan to fited. The Federal Express Corp., ac- But in the legislative arena, when its new hub at Subic Bay, the former Amer- ican naval base in the Philippines. A 45-year- cording to one report, is gaining mar- both sides are committed to moving old aviation agreement between the United ket share because of its adroit handling forward and finding a solution, that is States and Japan clearly requires Tokyo to of additional business during the re- how we do it. Both sides give. While we grant access to Federal Express, as this page cent UPS strike, analysts say. Some have not been able to reach a conclu- argued to years ago. Both the Bush and Clin- analysts estimate that the UPS mar- sion today, given the artificially short ton Administrations have supported the ket share slipped to about 70 percent of time limits imposed by the nature of company’s cause, by Federal Express wanted the U.S. package delivery market from the parliamentary procedure under sterner action. Mr. Smith used his meeting 80 percent before the strike. which we are forced to consider this with Mr. Clinton to press for sanctions against Japan. Federal Express also ponied Mr. President, there is a difference issue, I believe if Senators are truly up $506,000 in campaign contributions to the between FedEx and UPS, and the dif- committed to campaign finance re- Democrats last year, along with $540,000 to ference was the ability of campaign form, then it is definitely dead in this the Republicans. money to prevent FedEx employees session of Congress.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10725 I am saddened, because we have not problem. What we need is the leader- that, and the other thing. But the sub- only an obligation to provide legisla- ship to bring this spirit to life. stance of it is one in which all America tive solutions, but to restore the We need to devote less energy to can agree. When you are in the situa- public’s faith in the integrity of the criticizing and judging each other and tion where you have money taken from process. If we ultimately fail to coa- more to forging consensus and under- you, you ought to have at least a say lesce around a middle ground, it would standing. Only then can we come to- as to where it is going and, even more serve only to confirm the public’s be- gether and enact legislation that the important, to say ‘‘not my money.’’ lief that we lack the will to address majority of Americans feel is sensible ‘‘You can spend your money and the this issue in a fair and bipartisan man- and long overdue. Let’s make, then, a rest of the money, but not mine.’’ I ner. And it will certainly point to the historic statement that the old ways of think that is a pretty simple philos- consequences of a shrinking middle in doing business must be relegated to the ophy with which many Americans American public life. annals of history. Let’s return elec- would agree. Mr. President, I have worked hard tions to the American people and re- The next area we have to take a look over the last week with my colleagues store confidence in our Government. at—and this is critical for the Repub- on this compromise because I earnestly Mr. President, I would like to yield licans and it is also the center of de- believe that’s what people expect of us. to my colleague and friend, the Sen- bate nationwide—is what happened at They expect that the U.S. Senate will ator from Vermont, who has worked so the White House with all this money conduct itself as the deliberative body hard on the compromise that we try to pouring in, hundreds of thousands over it was designed to be, and they have a put forward today. here, and all that so-called soft money. right to that expectation. The PRESIDING OFFICER. The Sen- We have to do something about that. We should be putting our heads to- ator from Vermont is recognized. But to say that, especially under the gether, not building walls between us Mr. JEFFORDS. I thank the Senator Constitution, we can just ban it, or we can set up rules where you can’t use with intractable rhetoric and all-or- for a very eloquent statement on where any of it, that is not going to work. It nothing propositions. we are and where we ought to be. I have been part of the legislative I think it is incredibly important is not going to work because people that those of us who are as dedicated have the right under our first amend- process in Congress for over 18 years. I as she is and as I am—perhaps those of ment to be able to spend money on po- am here because I believe in finding so- us in the middle, as so often happens in litical campaigns, but how much and lutions. That is our job, Mr. President: this body—have to take a look at what for what purposes, that can be con- finding solutions. Now, I’ve been here we can do to pull things together. trolled, as we have found. long enough to know that that is not Now, I am personally convinced, hav- I will tell you, the money will find a always possible. And I’ve been here ing talked with a number of Demo- way, some way, to be spent. If we don’t long enough to know that it is always cratic Senators and a number of Re- have it spent for ‘‘party building’’ as difficult. But then we were sent here to publican Senators, that there are at ‘‘soft money,’’ it will be in ‘‘issue advo- do a difficult job. So I say let’s have least 60 Senators who want meaningful cacy’’ or ‘‘independent expenditures.’’ the difficult conversations and really campaign reform. However, we have So the best thing to do is to make sure give thoughtful consideration to how postured ourselves at this time and that there are limits placed on it, that we can hurdle our most challenging ob- particular moment in a situation there is full disclosure, and that there stacles. That’s the way it should be— where that will not occur. I am pleased are ways to make sure that these funds that’s how we end up with better legis- in a way that we are going into a brief are not abused or become dominant in lation. period of recess. I am dedicated, as I the process. There are ways to do that. The fact is, this issue will not go know the Senator from Maine is, to They are not ones that everybody is away. The public disillusionment with using that period of time to try to find, going to readily agree upon. But on the our campaign finance system will not if we can, a common ground. other hand, from a first amendment disappear absent meaningful reform. It I think it is important for us to take perspective, the way people want to will come back again and again and a look at what we really need to do and help a political party ought to be some- again. where the real stumbling blocks are. thing that we can find a solution for. I believe each and every time it will We are two political parties, Repub- So I hope now that we are in this situa- come down to the basic issue of enact- licans and Democrats. Some things ad- tion where it is obvious that no final ing reform that does not unfairly dis- vantage one and some things advan- decision can be made, no way will be advantage either party. As long as we tage another. So we have to find ways found in the next few hours for us to have two-party government, no reform to reform the campaign finance system solve this, that we step back and work will ever pass unless it truly levels the and do whatever is necessary to make together. The Senator from Maine and playing field. sure that we can find something that I are both dedicated to finding those This is an issue that need not be in- both sides can—not willingly, but cer- Senators in the middle that are willing tractable, as we demonstrated with the tainly with the public pressure out to help us pull something together so proposal we put forward in this debate. there now—do something. We can find that we can get at least 60 votes. It is my belief that eventually the a way to do that. I hope now that we can move back to basis for evenhanded reform is em- What needs to be done? The Senator the regular legislative process in the bodied in the middle ground approach from Maine has done superb work in interim, to move legislation along we proposed. Unfortunately, that day trying to find a middle ground on one which is necessary to be moved along, will not be today. issue with the Democratic Party, and and, hopefully, as the Senator sug- Finally, I want to issue a challenge that is how to handle the situation gested, the leaders will get together to the majority leader and the minor- with unions—and we would say all and we can find a way to pull that mid- ity leader. It is the duty of leaders to groups—to make sure that the people dle together. There may be kicking and lead. I urge them to do just that by ap- that are involved, that have to con- screaming in order to do that, but pos- pointing a bipartisan working group of tribute the money, or do contribute the sibly we can find a way to let this Na- Senators who want to make the system money, have a say in how that money tion know that we want campaign fi- work. is spent; first, so that they know how it nance reform, we want the process to I entered public service to help make has been spent in the past so they can be one we can be proud of, one which is Government work. It is a task made better judge what happens in the fu- acceptable to the American people, and more daunting by the mounting chorus ture, but also that they have full dis- one which allows everybody to know of partisanship that has engulfed our closure and the ability to say no, or what is going on. I thank the Senator Nation’s politics. the ability to at least say ‘‘not my for her statement. I am sorry that we The status quo, Mr. President, is un- money,’’ which is what our amendment are in this situation, but I think it is acceptable to virtually everyone except does. I think that is a very big step for- important that we take a breath of apparently to many Members of this ward. fresh air and come back in the next body. There are, however, those of us Now, there have been all sorts of week or so and, hopefully, make some on both sides who want to resolve this technical problems raised with this, progress.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10726 CONGRESSIONAL RECORD — SENATE October 9, 1997 Several Senators addressed the bill prohibits those under 18 from con- and elected officials. It can be as sim- Chair. tributing to campaigns, ensuring that ple as a statement such as, ‘‘Senator The PRESIDING OFFICER. The Sen- only those who vote can contribute, Smith’s position on school vouchers is ator from Maine still has the floor. again addressing a problem with the dead wrong.’’ Or it can be as involved Mr. KERRY. Mr. President, under the Clinton-Gore campaign. The bill also as a multimillion dollar campaign of regular order, the Senator from Maine extends the ban on mass mailing by broadcast and print advertisements cannot yield the floor. House and Senate Members from 60 that spreads the same message. The Mr. KYL. Mr. President, for several days before an election to January 1 of Constitution protects the right of any days now the Senate has debated cam- an election year, thereby reducing an group or individual to engage in issue paign finance reform legislation. Advo- incumbent advantage. advocacy. It is the essence of free cates of the so-called McCain-Feingold I support the intent, if not the exact speech. proposal deserve credit for advancing language, of each of these provisions. I Attempts to regulate and require dis- the issue. Unfortunately, in the view of also believe that any reform legislation closure of issue advocacy expenditure a majority, they have been unable to should include a requirement that can- through statute and through FEC regu- construct a bill that does not violate didates raise a majority of their cam- lation have repeatedly been declared the first amendment to the Constitu- paign contributions from within their unconstitutional by the Supreme Court tion. There are other proposals for re- respective States and that all political and lower Federal courts. The Court form that I believe can address the activities be funded with voluntary has always viewed issue advocacy as a problems without compromising the contributions and not extracted in the form of speech that deserves the high- Constitution. Therefore, I will vote to form of compulsory union dues. The est degree of protection under the first bring at least one of those proposals— first of these proposals is not included amendment. Not only has the Court the Paycheck Protection Act—to a in the McCain-Feingold legislation, been supportive of issue advocacy, the vote but not yet support consideration and I believe it is necessary to meet justices have affirmatively stated that of McCain-Feingold. the principles of putting constituent they are untroubled by the fact that Some have argued that details are interest over special interest. The sec- issue advertisements may influence the less important than the general prin- ond proposal is not adequately dealt outcome of an election. In fact, in ciple of reform. But reform to one is with because of opposition from Sen- Buckley versus Valeo, the court stated: not necessarily reform to another. For ator MCCAIN’s Democratic cosponsor. The distinction between discussion of example, most Republicans believe The most extensive provisions of the issues and candidates and advocacy of the that all contributions to politics McCain-Feingold proposal address so- election or defeat of candidates may often should be voluntary. Most Democrats, called soft money and issue/express ad- dissolve in practical application. Candidates, on the other hand, say they agree but vocacy. While these provisions are well especially incumbents, are often intimately they are unwilling to give up compul- tied to public issues involving legislative intentioned, I believe they would dra- proposals and governmental actions. Not sory union dues that are then contrib- matically restrict party building ac- only do candidates campaign on the basis of uted to candidates. Thus, reform to us tivities and free speech for individuals, their positions on various public issues, but is not reform to them. associations, and citizens. campaigns themselves generate issues of Recognizing that we approach the The McCain-Feingold approach to so- public interest. Buckley v. Valeo, 424 U.S.1, 42 need for reform from different perspec- called soft money contributions is to (1976). tives, I have tried to evaluate the issue completely prohibit them. These are Moreover, defenders of the first by applying some basic principles that contributions of citizens and organiza- amendment know that the freedom to I think most of us would agree with. tions to political parties and cannot be engage in robust political debate in our For example, our laws should be clear, spent for individual candidates. Hard democracy will be at risk if the Con- simple, and enforceable. They should money, on the other hand, is contrib- gress or the FEC is given the authority insist on full and timely disclosure. uted directly to candidates to be spent to ban issue ads close to an election, or They should place constituent interest by them. evaluate the content of issue ads to de- over special interest. They should en- Unlike hard money, soft money can termine if they are really a form of ex- sure voluntary participation for all. be contributed in unlimited amounts to press advocacy. The Supreme Court And, they should protect our right to support political party organizations recognized this danger long before free speech—unregulated by the gov- by helping them to engage in grass- Buckley versus Valeo. In 1945, in ernment. This last principle is signifi- roots volunteer activities. The bill’s Thomas versus Collins, the Court cant because our constitutional rights total ban on soft money contributions states: to free speech, free assembly, and the would restrict State and local cam- . . . the supposedly clear-cut distinction right to petition our Government were paign committees from supporting the between discussion, laudation, general advo- specifically established to protect our following election activity: voter reg- cacy, and solicitation puts the speaker in political expression. The Supreme istration activity within 120 days be- these circumstances wholly at the mercy of Court has confirmed this, declaring fore a Federal election; voter identi- the varied understanding of his hearers and that political expression is ‘‘at the core fication, get-out-the-vote activity, or consequently of whatever inference may be drawn as to his intent and meaning. Such a of our electoral process and of the first general campaign activity conducted distinction offers no security for free discus- amendment freedoms.’’ (Buckley v. in connection with any election that sion. In these conditions it blankets with un- Valeo, 424 U.S. 44 (citing Williams v. includes a candidate for Federal of- certainty whatever may be said. It compels Rhodes, 393 U.S. 23 (1968))). fices—generally referred to as party the speaker to hedge and trim Thomas v. Col- The McCain-Feingold proposal incor- building activity; and a communica- lins 323 U.S. 516 (1945). porates some of these important prin- tion that refers to a clearly identified McCain-Feingold would impose regu- ciples. For example, the bill requires candidate for Federal office and that is lations on issue advocacy in violation more timely and detailed disclosure of made for the purpose of influencing a of Court declarations. Advocacy groups campaign spending. This allows people Federal election. Thus, if the law were such as the National Right to Life, Si- to make more informed decisions re- to completely ban soft money, it is not erra Club, and National Taxpayers garding contributions made to their the candidates, but the political par- Union, to name just a few, would be se- elected leaders. The bill calls for ties that would suffer the most. Is this verely circumscribed in the exercise of tougher penalties for campaign viola- the type of political activity we really their first amendment rights. The FEC tions. This might make people think want to get rid of? has a poor track record of trying to twice about breaking the law. The bill The McCain-Feingold proposal also broadly interpret current election stat- attempts to tighten the restrictions on explicitly forbids so-called issue ads, ues to encompass issue advocacy fundraising on federal property and ads that mention a candidate’s name speech. strengthen the restriction on foreign within 60 days of a Federal election. In fact, as recently as October 6, 1997, money ban. Both of these provisions Issue advocacy can best be defined as the Supreme Court let stand a circuit would address some of the Clinton-Gore any speech relating to issues and the court decision striking FEC regula- campaign finance improprieties. The policy positions taken by candidates tions because they infringed upon a

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10727 group’s right to characterize a can- her paycheck unless consent is first The American people worry that didate’s position on abortion rights. given. The Paycheck Protection Act those who wrote the checks now expect Maine Right to Life v, FEC codifies this right. McCain-Feingold to write the laws. They see powerful (1997WL274826, 65USWL3783) (October 6, does not. lobbyists working to turn back the 1997) (Case number 96–1818). To conclude, I strongly believe cer- clock on 25 years of environmental pro- The result of the McCain-Feingold 60- tain aspects of our campaign finance tection, and to unravel laws that keep day ban on issue advocacy before an system need reform. But reform that is our workplaces safe and protect the election will be that associations or consistent with the principles I out- food we eat. This appearance of undue groups of citizens could not charac- lined earlier. Although well inten- influence supports the public’s cyni- terize a candidate’s record on radio and tioned, McCain-Feingold layers more cism. television during that period. It would, regulation on top of current regulation Incredibly, those who defend politics thus, severely limit citizen involve- and also infringes upon the constitu- as usual are not concerned about the ment and speech. tional rights to free speech and asso- amount of money in our political proc- The only recourse would be for such ciation. And it does not guarantee vol- ess. These leaders insist that the polit- associations—nonprofit 501(c)3 and untary participation in the political ical process is fine, even though a 501(c)4 organizations—to create new in- process. For these reasons I cannot record $765 million was consumed on stitutional entities—political action support it in its current form. House and Senate campaigns in 1996. In committees [PAC’s]—to legally speak Mr. DODD. Mr. President, I rise fact, Speaker GINGRICH and other lead- within 60 days before an election. Such today in strong support of the cam- ers in his party complain that too lit- groups would, thereby, also be forced paign finance reform legislation spon- tle, not too much, money is spent today on political campaigns. to disclose all contributors to the new sored by Senators MCCAIN and FEIN- We all know that the Government Af- PAC. GOLD. fairs Committee is, even as we speak, Not all members of nonprofit organi- The McCain/Feingold bill is a begin- holding extensive hearings on the cam- zations want to become members of ning, and is an important step towards paign finance practices of the last PAC’s. Separate accounting proce- reforming how we finance campaigns. Presidential election. Yet, as we have dures, new legal costs, and separate ad- It ends soft money contributions to na- seen here on the floor this week, the tional parties, expands disclosure re- ministrative processes would be im- Majority Leader and most of those in quirements, and strengthens election posed on these groups, merely so that his party would do nothing. However, law. It puts guidelines on hard money their members could preserve their there are a few Republicans, including contributions and begins to address the first amendment rights. one of the leaders on this issue Senator It is noteworthy that none of these problem of so-called ‘‘issue advocacy’’ MCCAIN, who have voted the respon- proposals seek to regulate the ability advertisements that may be designed sible way and I commend them. It is of the media to exercise its enormous to persuade the public about a can- now time to come together in a bipar- license to editorialize in favor or didate instead of educating the public tisan manner and focus on the future of against candidates at any given time. about an issue. It also requires labor elections in America for all Americans. Finally, as noted, McCain-Feingold unions to notify non-union members Since I was elected to Congress as does not ensure that American citizens that they are entitled to request a re- part of ‘‘Class of 1974,’’ I have consist- have the right to voluntarily partici- fund of the portion their agency fees ently fought for campaign finance re- pate in the political process. I am spe- used for political purposes. Make no form. Since 1985, I have cosponsored cifically referring to the protection mistake about it—one bill cannot end seven campaign finance reform bills to from mandatory withdrawals of dues the spiraling cost of campaigns or stop remove the influence of money in elec- from a worker’s paycheck for political the coercive influence of money in our tions and bring democracy back to the activities without prior approval. Con- government. But it is a beginning. people of this country. In an attempt trary to the claims of its supporters, I am more convinced than ever that to curb the threatening influence of McCain-Feingold does not provide such our current approach to funding polit- money, I have supported prohibitions protection. ical campaigns is broken and des- in ‘‘soft money’’ in federal elections, As written, the McCain-Feingold leg- perately in need of repair. My good and as the General Chairman of the islation applies only to nonunion mem- friend, Senator FORD from Kentucky, Democratic National Committee, I ber employees. These are workers who cited the great cost of campaigns and challenged my counterparts to do the choose not to join a union, but who the immense time needed to raise same. In another effort to limited the under a collective bargaining agree- money as the reason for his retirement influence of money, I have supported ment must pay dues—that is, agency from the United States Senate. He ex- caps on PAC contributions to can- fees—to support the costs of union rep- plained that to run for re-election in didates and limits on the total amount resentation. McCain-Feingold covers 1998, he would need to spend the next Senate candidates can accept from only 10 percent of the roughly 18 mil- two years raising $100,000 per week. PACs. To level the playing field, and lion dues-paying employees nation- Today, a run for the Senate may re- help challengers gain exposure, I have wide. I support Senator LOTT’s Pay- quire over $5 million. On average, a agreed to proposals for free or reduced check Protection Act, which covers all Senator needs to raise $16,000 per week response advertisement costs for can- 18 million. during their six year term to accumu- didates attacked by independent ex- McCain-Feingold also requires labor late the funds needed to run a credible penditures. I have supported require- unions to notify these nonunion mem- campaign. ments that Senate candidates raise bers that they are entitled to request a Not only are distinguished elected of- most of their money from their home refund of the portion of their dues or ficials leaving public service due to the states in an attempt to bring elections agency fees used for political purposes. daunting cost of running for office, but back home to the people. Finally, I The effect of this proposal is to place many Americans have decided not to voted for a Constitutional amendment the burden on the worker—after the seek office because it simply costs too allowing Congress to set campaign fact—to petition for a refund of these much money. This robs us of leaders spending limits. I know many of my automatically withdrawn dues. By con- with new ideas and diverse back- fellow colleagues share my commit- trast, Senator LOTT’s Paycheck Pro- grounds, and it threatens to undermine ment to reform. tection Act requires unions to obtain our country’s participatory democracy. As we debate reform, I am concerned union and nonunion employee’s written Our democracy rests upon the funda- that we stand behind the Federal Elec- permission first before using any por- mental principle that every person’s tion Commission, which is charged tion of his or her dues for political ac- vote is equal. A citizen walks into a with monitoring and watching cam- tivities. voting booth, casts his or her vote, and paign finance violations. The FEC Simply put, I believe all contribu- the majority rules. But only fifty per- must have the finances and resources it tions to political activities should be cent of Americans vote and only four needs to promptly and effectively en- voluntary. No one should have auto- percent of the population contribute to force the laws that govern our cam- matic political withdrawals from his or campaigns. paigns. Between 1994 and November

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10728 CONGRESSIONAL RECORD — SENATE October 9, 1997 1996, the FEC’s caseload rose 36 per- responsibility to do all we can to the responsive to their needs and problems. cent, and because complaints related to reform campaign finance system. The The way to do that is through spending the 1996 election are still being filed, McCain-Feingold bill begins that proc- limits. Spending limits will make our the FEC expects the caseload to ulti- ess, and I believe that as a body we system more open and more competi- mately rise by 52 percent. Of the 262 have a solemn responsibility to em- tive. Spending limits can help focus complaints filed with the FEC in the brace this legislation. elections more on the issues, instead of latest election cycle, only 88 are cur- Ms. MOSELEY-BRAUN. Mr. Presi- on advertising. rently under active review. dent, S. 25, the Campaign Finance Re- We must be sure that we don’t have a To address the effectiveness of the form Act of 1997 does not represent my process that only further empowers po- FEC, earlier this year I authored the ideal package of reform. In fact, S. 25 is litical elites that are already empow- FEC Improvement Act. I am pleased far from it. I believe, however, that ered. We want campaign finance reform that most of the proposals from my this legislation does bring us one step that allows candidates more time to bill—including electronic filing, au- closer to getting the kind of real, com- talk to voters. Voters want to know thorizing the FEC to conduct random prehensive campaign finance reform we that the system works for ordinary audits, and stiffer penalties—have been so desperately need. Americans and not just those few who incorporated into the McCain/Feingold We need to get Americans back into can devote substantial time and money legislation. the system and get them involved in to politics. They deserve better than Time after time, Congress has talked decisions that affect their lives. We the present system. about reform but in the end done noth- need campaign finance reform to re- S. 25 addresses some of these needs. ing. Over the past 10 years, Congress store the American people’s faith in This bill prohibits soft money con- has produced over 6,742 pages of hear- the electoral process. Americans are tributions to national political parties, ings, members have made over 3,361 frustrated; many believe that the cur- increases the amount of ‘‘hard’’ money speeches, committees have produced rent system cuts them off from their individuals may contribute to State more than 1,063 pages of reports, the government. A League of Women Vot- parties for use in Federal elections, and Senate has recorded over 113 votes and ers study found that one of the top increases the amount of ‘‘hard’’ money formed one bipartisan commission. Yet three reasons people do not vote is the an individual may contribute in aggre- in the end, it’s just been business as belief that their vote will not make a gate to all Federal candidates and par- usual, while the voice of the average difference. We saw the result of this ties in a single year. American in our democratic process cynicism in 1994 when just 38 percent of In addition, S. 25 expands disclosure grows fainter, quality candidates say all registered voters headed to the requirements and strengthens election no to public service, and our democ- polls. And we saw it again in 1996 when law violations to lessen the influence racy withers. only 49 percent of the voting age popu- of ‘‘big money’’ in campaigns. I regret that the Senate this week lation turned out to vote—the lowest I believe that these are vital first has again missed an opportunity to percentage of Americans to go to the steps toward addressing the problems pass comprehensive reform. The Senate polls in 72 years. of the current system. Campaign fi- missed another opportunity even I have noticed a difference in voter nance reform cannot work for every though 53 Senators voted to fully con- turnout since my own election. In 1992, American, however, unless it also sider the bill. I am saddened that the I won with 2.6 million votes, which was works for every candidate, including majority leader, along with the major- 53 percent of Illinois’ total vote. In minority candidates and women. Mi- ity of his Republican colleagues, de- 1996, Senator DURBIN won with a vote nority and women candidates currently ployed procedural tactics that thwart- total of 2.3 million, which was 55.8 per- have less access to the large sums ed real reform. I lament this maneuver. cent of the total vote. Senator DURBIN needed to run for office than other can- It saddens me that the Republicans won by a greater margin but with didates. That financial inequity is one have chosen to sabotage this bipartisan fewer total votes cast. of the primary reasons both women and bill. It saddens me even more that this Unfortunately, the effort needed to minorities have long been under rep- procedural sabotage occurred after raise the average of $4 million per Sen- resented in both the Senate and House. concerted efforts to accommodate Re- ate race decreases the time Senators The increased occurrence of big money publican concerns. Important provi- need to meet their obligations to all of candidates feeding their own cam- sions including voluntary spending their constituents. According to recent paigns and driving up the costs of cam- limits, free or discounted television Federal Election Commission figures, paigns overall only adds to the barriers and advertising time, and curbs on con- congressional candidates spent a total keeping women and minorities out of tributions to PAC’s have all been modi- of $765.3 million in the 1996 elections, public office. fied in the spirit of bipartisanship. up 5.5 percent from the record-setting Unfortunately, S. 25 does little to However, the Senate now may not even 1994 level of $725.2 million. That figure stop or control these upward spiraling have a clean vote on campaign finance does not include the huge amounts of costs, and that is disappointing, be- reform legislation this session. ‘‘soft money’’ spent by political par- cause self-financing candidates con- I have voted against Senator LOTT’s ties. tinue to be a rapidly growing phe- amendment because it was not a bipar- Furthermore, when voters see that nomenon in our current political sys- tisan effort. The Lott amendment was the average amount contributed by tem. While it is true that these mil- a partisan maneuver to end efforts for PACs to House and Senate candidates lionaires don’t always win, no one can comprehensive campaign finance re- is up from $12.5 million in 1974 to $178.8 honestly deny that these individuals form. I will continue to vote against million in 1994—a 400 percent rise even contribute to the increasing campaign any amendments that lack solid bipar- after factoring in inflation over that costs that turn so many voters off. In tisan support and harm a constructive period—there is a perception that law- 1994, for example, one candidate for the effort for real reform. Conversely, I makers are too reliant on special inter- Senate spent a record setting $29 mil- will consider supporting any amend- ests to make public policy that serves lion, 94 percent of which was his own ments to the current legislation that the national interest. More and more money. And during the last election have bipartisan support and would im- voters believe that Members of Con- cycle, a presidential candidate spent prove this bill. I will also continue to gress only listen to these special inter- $30 million of his own money for just support any positive efforts by both est contributors, while failing to listen the primary elections. sides to have campaign finance reform to the very constituents who put them Even more appalling is the fact that considered by the Senate for a full and into office. self-financing candidates do not have complete debate this session. That is part of the reason why there to demonstrate broad financial support I call on all my colleagues to chart a is overwhelming public support for re- to either launch or support their can- new course, to put aside our dif- form. And make no mistake, there is a didacies. Allowing these self-financing ferences, and to put first and foremost real public consensus that reform is candidates to avoid having to show a in our deliberations the good of the Na- needed—now. Ordinary Americans broad range of support is, I believe tion. As leaders, we must not shirk our want—and deserve—government that is truly undemocratic. In fact, I believe

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10729 that every candidate should be able to has to be brought into the bill’s re- are provisions in the McCain-Feingold demonstrate that they have the sup- forms. legislation that will limit the ability of port of a broad range of individuals and This bill could have only been the state and local political party com- organizations, that their candidacy strengthened by a provision that would mittees to conduct legitimate election has, in fact, come about as a true de- have created some mechanism to con- activity. Moreover, I feel that as pres- sire of the ‘‘people.’’ trol this form of campaign financing. It ently constituted, McCain-Feingold If we could prove that spending exor- is unfortunate that this bill does not would set in motion a process which ul- bitant amounts of money on campaigns have such a provision, as I have no timately would result in even further increased voter turnout, we would have doubt that, ultimately, unregulated fi- intrusion of state and local govern- an excuse for allowing the costs of nancing will have no result but to drive ment election law. campaigns to continue escalating. But voters, and talented but less wealthy Any campaign finance reform legisla- we cannot. While the total amount candidates, out of the electorate. tion must also, in my judgement, raised for the 1996 election by both Despite this shortcoming, I fully sup- maintain a proper balance between the Democrats and Republicans increased port the goals and the spirit of S. 25. It first amendment rights of the actual by 70 percent over the same period dur- is a solid bill, and a firm step toward candidates and the political parties ing the 1991–92 cycle, voter turnout has the type of comprehensive campaign fi- they represent and the rights of those plummeted to its lowest point since nance reform that our nation needs to who are not directly in the arena. Un- 1924. What’s more, these funds are ensure that our electorate becomes in- fortunately, McCain-Feingold tilts the often used to finance negative, non- volved and has more faith in the people balance strongly in the direction of germane, and personally distasteful ads they send to Congress to represent special interest groups. As these spe- that do nothing more than turn off the them. S. 25 has the potential to reduce cial interest groups grow in dominance, voters and take attention away from some of the cynicism many Americans they simultaneously diminish the roles issues of vital importance to all Ameri- feel toward the electoral process, and of the candidates and political parties. cans, such as retirement security, edu- therefore has the potential to ignite in This, Mr. President, is not the way our cation, and children’s health. If we con- many Americans the type of desire to founding fathers envisioned that our tinue this trend, the wealthiest Ameri- become more involved in debates on democratic electoral system would cans will be the only ones who will be fundamental issues like retirement se- conduct itself. Candidates, political able to afford to participate in our po- curity, healthcare security, and edu- parties and interest groups should all be able to participate in the electoral litical system, leaving the rest of us to cation. only dream about contributing to this Voters, and not money, should deter- system under the first amendment, democracy. mine election results. The money chase however one entity should not be able If candidates were required to seek has gotten out of control, and voters to dominate the political speech arena. and demonstrate support from a broad know that big money stifles the kind of Otherwise, Mr. President we will end range of individuals—an important competitive elections that are essen- up with a system in which the can- didates themselves are more bystand- component of the democratic process— tial to our democracy. S. 25 is a crucial ers than participants and in which the the Supreme Court might see the First first step in bringing campaigns back various interest groups on all sides of Amendment issue somewhat dif- to the people. I urge my colleagues to all the issues are doing all of the talk- ferently. An appropriate analogy would support S. 25, and I urge my colleagues be the laws that require candidates to ing. to continue considering ways in which Furthermore, any campaign reform obtain a certain number of signatures we can encourage the American people as a requirement for access to the bal- legislation we pass must be balanced. I to continue playing a role in our de- believe that McCain-Feingold was not lot. In other words, the reason for this mocracy. balanced and clearly contained provi- limit would not be to equalize re- Mr. ABRAHAM. Mr. President, I rise sions that would protect and enhance sources, but to ensure that the today to explain my vote against clo- the ability of the Democratic Party to amounts candidates spend have some ture on the McCain-Feingold Campaign raise funds from its traditional relation to breadth of support. This Finance Reform legislation. sources, while disproportionately lim- proposal may be at least arguably con- As a supporter of campaign finance iting the ability of the Republican sistent with Buckley, since the Court reform, I have previously outlined the Party to conduct itself. in that case recognized that the gov- standards which any reform legislation Finally Mr. President, to have my ernment has ‘‘important interests in MUST meet in order to gain my sup- support, any new campaign finance leg- limiting places on the ballot to those port. In addition, I insist that there be islation must address what I find in my candidates who demonstrate substan- some objectives which should be evi- state to be the most disturbing aspect tial popular support.’’ dent in any reform bill. The McCain- of the way American federal elections In fact, it is that statement by the Feingold bill, unfortunately, falls short are funded: namely, the increasing ex- Court which demonstrates the flaw in of reaching both of these standards, tent to which the campaigns of can- the Buckley versus Valeo decision. In thus I voted against cloture. didates for the House and Senate are fi- the not too distant past, a candidate First in the ‘‘must’’ category is that nancially supported by people who are had to have the endorsement of a polit- any reform legislation must be con- not even constituents of the candidates ical party, or have his or her own sistent with the First Amendment of themselves. McCain-Feingold does not strong, grass roots organization in the Constitution of the United States. even address this problem. There was order to have the large number of peo- Mr. President I could not support no attempt in this bill to limit out of ple it takes to gather sufficient peti- McCain-Feingold because some provi- state or non-constituent contributions tions to be put on the ballot. Now, how- sions of the bill would establish prior to a candidate. ever, it is actually possible to hire peo- restraint on political speech. Specifi- As I mentioned previously, I do sup- ple to collect petition signatures, so cally, section 201 of the bill which port reforming the method by which petitioning does not necessarily dem- seeks to redefine ‘‘express advocacy’’ our federal campaigns are financed. onstrate broad support the way it used raises serious constitutional questions Any campaign finance reform bill I to. In fact, a wealthy candidate, under and would in my judgement fall short support must be consistent with the the current state of the law, doesn’t of the constitutional standard estab- Constitution, not impede on local and have to have any broad support at all lished in Buckley Valeo (1976), the state government prerogatives, affect to gain access to the ballot, only landmark case on campaign finance re- both parties fairly and equally, and ad- enough money to hire enough petition form. dress the problem of special interest, collectors. If the important govern- Second in the ‘‘must’’ category is out-of-state money. Unfortunately, the ment interest the Buckley Court ac- that the legislation must not impede or McCain-Feingold legislation failed to knowledged is to be protected, there- intrude on the prerogatives of the meet these tests and, therefore, did not fore, some limits on the use of money states and local units of government have my support. by wealthy candidates is required. The with respect to how they conduct polit- While Congress will continue to work use of money by wealthy candidates ical campaigns. Mr. President, there on this issue, I feel it is unnecessary to

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10730 CONGRESSIONAL RECORD — SENATE October 9, 1997 wait for legislation before those of us nothing in this bill that restrains the Rather than reform the way campaigns who are concerned take action. In fact, capacity of any American to go out and are financed, this legislation would in- during my campaign in 1994, I volun- talk about an issue. There is something fringe on the first amendment rights of tarily imposed my own limits on the in this bill that tries to say we are millions of American citizens and place flow of PAC and out-of-state dollars to going to draw a distinction between enormous burdens on candidates run- my campaign. Instead of simply wait- that which is really advocacy for an ning for office. We must ensure the en- ing around for Congress to act, I will issue and that which is trying to elect forcement of the current law before we continue to observe voluntary caps and or defeat a candidate. build a whole new bureaucracy. That is encourage other Members to act them- The bottom line, Mr. President, is what we are talking about. selves in ways they might choose to ad- here is what this fight is about. We I believe this debate over changes in dress concerns they have with our sys- have a group of people who believe that campaign laws is especially timely in tem. their hold on power and their ability to light of the recent discovery of the Several Senators addressed the be elected is dependent on the money video tapes of the White House coffees. Chair. that they spend. They are seeking a It is illegal to campaign, it is illegal to The PRESIDING OFFICER. The Sen- partisan political advantage in what- raise money on Federal property. They ator from Kentucky is recognized. ever structure they try to form as cam- are more suspicious since the White Mr. MCCONNELL. Mr. President, in paign finance reform. Now, that is not House withheld the critical evidence an effort to try to accommodate the new here. I have seen that on this side from the investigative committee for Senators here, we have about 9 min- of the aisle, too. My colleagues are over 8 months. They just found the utes; is that correct? fairly—and I underscore ‘‘fairly’’—con- tapes? They just found part of the The PRESIDING OFFICER. The Sen- cerned about whether or not, if they tapes—44 out of 150? How hard can tapes be to find? Don’t they have a pro- ator is correct. are limited in some regard, people who cedure for storing tapes? If they are Mr. MCCONNELL. Would it be agree- oppose them—in some instances important enough for history in the able to the Senator from Massachu- labor—are going to have an unfair ad- first place, should there not be a mech- setts and the Senator from Wyoming vantage. We ought to have a fairer anism for finding them? that they each take 4 minutes, and I playing field. While it’s not clear what took place, will have the last minute, as I have not NOWE But what Senator S and Senator it calls out for a serious investigation spoken in this hour? Would that be JEFFORDS offered us as we tried to ne- and the appointment of a special pros- fair? gotiate was not a fair playing field. We ecutor. Mr. KERRY. Mr. President, is it pos- wound up with labor having to have its Now we want to add extra criteria. If sible to get an extra 2 minutes? members give their written consent as we just add them, will Congress be the Mr. MCCONNELL. It is 9 minutes to what they would allow their dues to only ones who have to abide by them? until the vote. I say to my friend from do. But a member of the National Rifle Will an acceptable defense be that ev- Massachusetts, if we quit talking about Association, a stockholder of AT&T erybody is doing it, even if that is not it and enter into an agreement, you whose money also winds up going into true? One of the lessons I learned in my will have 4 minutes, Senator ENZI will political purposes, would not be treated 18 years in elected office is that you have 4 minutes, and I will have 1. the same. don’t increase compliance with exist- The PRESIDING OFFICER. Is there So, in effect, we will see a failure ing laws by increasing the complexity. objection? today because the Republicans decided We haven’t talked about truth in ad- Without objection, it is so ordered. they wanted to try to legislate an un- vertising. We haven’t talked about how The PRESIDING OFFICER. The Sen- fair advantage to themselves. We are much money is being spent and a way ator from Massachusetts has 4 min- simply not going to allow that to hap- to disclose and to get accurate and utes. pen. It is a tragedy for the American complete disclosure from all groups Mr. KERRY. Mr. President, let me people that partisan efforts are going that are involved in the process. We are speak rather quickly as to where we to take precedence over what is an only touching on campaign finance re- find ourselves. Notwithstanding the overwhelming desire by the American form, and we are calling it the whole comments just heard with respect to people to see their democracy pro- ball of wax, the whole answer to every- the desire for campaign finance reform, tected and not to have it increasingly thing. there is one simple fact that the coun- become a dollar-ocracy or whatever Mr. President, while the McCain- try is about to witness. The U.S. Sen- you want to call it. Increasingly, this Feingold legislation claims to clean up ate is about to see campaign finance system is broken. Everybody knows it. elections, it does so by placing uncon- reform stay off the calendar and only For the Senate simply to sort of fall stitutional restrictions on citizen’s come back, not as a matter of auto- prisoner to a parliamentary process of ability to participate in the political matic debate on the floor of the Sen- partisanship rather than a genuine ef- process. For the past few weeks, we ate, only come back if the majority fort to try to come to agreement, I have heard Members of this Senate be- leader decides he wants to bring it think, does not serve any of us well moan the fact that various citizen back. here. I regret that. I regret it for the groups have taken out ads criticizing Effectively, we are witnessing 45 institution. For the 13 years I have them during their elections. Having Democrat U.S. Senators prepared to been here, we have been trying to deal just run my first statewide campaign vote today for McCain-Feingold, for with campaign finance reform. One last year, I can sympathize with my campaign finance reform, and we have side or the other is always trying to colleagues who have been the object of at least 4 Republican Senators pre- find that advantage. We have shown often pointed and critical campaign pared to vote for it today, and we are how you can do it fairly. Everybody in ads. I’ve said frequently that cam- being denied the ability to be able to the country, I think, has a pretty good paigns need a good truth in advertising have that up-or-down vote on campaign definition of that fairness. I hope my law. That’s not restriction of free finance reform. That is the bottom colleagues will recognize as they go speech. That’s requiring honest speech. line. That is what is happening here. home that their citizens and constitu- Yes, there are fine lines of spin, but we The fact is that we have had an awful ents are really fed up and want change. haven’t even tried to clean up the bla- lot of straws sort of put up as the rea- The PRESIDING OFFICER. The Sen- tantly wrong ads. Instead we want to son for doing this—people hiding be- ator from Wyoming. restrict the right to even tell the hind the first amendment, people hid- Mr. ENZI. Mr. President, I rise in truth. I believe that in a free society it ing behind the notion that incumbency favor of campaign reform, but not the is essential that citizens have the right is at stake. Incumbents get most of the proposal before us. I resent that we to articulate their positions on issues money today. The current system pro- must apparently be for this bill before and candidates in the public forum. tects incumbents. us or we are pictured as being opposed The first amendment to our Constitu- Under McCain-Feingold and under to reform. tion was drafted to ensure that future the Supreme Court, both have said you This bill has gone through somewhat generations would have the right to en- can’t limit issue advocacy. There is of a transformation, but not much. gage in public political discourse that

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10731 is vigorous and unfettered. Throughout me in paying trouble to the first tions, shall be brought to a close? The even the darkest of chapters in our Na- amendment and opposing the McCain- yeas and nays are required under the tion’s history, our first amendment has Feingold legislation. rule. The clerk will call the roll. provided an essential protection I thank the Chair and yield the re- The bill clerk called the roll. against inclinations to tyranny. Our mainder of my time. Mr. NICKLES. I announce that the political future relies on the protection Mr. MCCONNELL. I thank the Sen- Senator from Florida, [Mr. MACK] is of free speech. ator from Wyoming for his important necessarily absent. The Supreme Court has consistently contribution to this debate. We have 25 The yeas and nays resulted—yeas 52, held that the first amendment protects speakers in opposition to McCain-Fein- nays 47, as follows: the right of individual citizens and or- gold, and a growing number of our [Rollcall Vote No. 273 Leg.] ganizations to express their views even Members want to speak out in opposi- YEAS—52 through issue advocacy and even if its tion to this piece of legislation. Akaka Feinstein McCain aimed at an individual. The Court has I think a very encouraging thing hap- Baucus Ford Mikulski consistently maintained that individ- pened this morning that I would like to Biden Glenn Moseley-Braun uals and organizations do not fall with- Bingaman Graham Moynihan report to my colleagues right before Boxer Harkin Murray in the restrictions of the Federal elec- the vote. Breaux Hollings Reed tion code simply by engaging in this I had an opportunity to attend an an- Bryan Inouye Reid advocacy. Bumpers Jeffords Robb nouncement of a new organization Byrd Johnson Rockefeller Issue advocacy includes the right to called the James Madison Center for Chafee Kennedy Sarbanes promote any candidate for office and Cleland Kerrey Free Speech. What the James Madison Snowe Collins Kerry his views as long as the communication Center for Free Speech is going to do is Specter does not in express terms advocate the Conrad Kohl handle litigation all across the country Daschle Landrieu Thompson election or defeat of a clearly identi- in cases involving political speech. We Dodd Lautenberg Torricelli fied candidate. As long as independent have heard it announced that the Dorgan Leahy Wellstone communication does not cross the Durbin Levin Wyden forces of reform who want to shut Feingold Lieberman bright line of expressly advocating the Americans out of the political process NAYS—47 election or defeat of a candidate, indi- and being frustrated in Washington are viduals and groups are free to spend as taking their cases out around America. Abraham Faircloth Lugar much as they want promoting or criti- Allard Frist McConnell There have been various State laws and Ashcroft Gorton Murkowski cizing a candidate and his views. While referenda that have passed—all of Bennett Gramm Nickles these holdings may not always be wel- them, so far, struck down in the Fed- Bond Grams Roberts come to those of us running campaigns, eral courts. But the James Madison Brownback Grassley Roth they represent a logical outgrowth of Burns Gregg Santorum Center is going to be there to represent Campbell Hagel Sessions the first amendment’s historic protec- Coats Hatch litigants all across America who stand Shelby Cochran Helms tion of core political speech. We talk up for first amendment free speech. Smith (NH) Coverdell Hutchinson about how much money is spent that Smith (OR) I think that is an important an- Craig Hutchison way for advocacy, but we are just nouncement. The proponents of cam- D’Amato Inhofe Stevens Thomas guessing. We are jumping to the step of paign finance reform have said they are DeWine Kempthorne precluding that right of free speech Domenici Kyl Thurmond not going to go away. The opponents Enzi Lott Warner talking about how much the cost of are not going to go away. The James campaigns have gone up, but we don’t Madison Center is going to be there NOT VOTING—1 even have a mechanism for reporting every time free speech is threatened Mack that in any meaningful way. That anywhere in America. The PRESIDING OFFICER. On this should be the first step. We need quick Mr. President, I ask unanimous con- vote, the yeas are 52, the nays are 47. and complete disclosure of all funds sent that the mandatory quorum call Three-fifths of the Senators duly cho- spent in a campaign, directly and indi- under rule XXII be waived. sen and sworn not having voted in the rectly. That means hard money and The PRESIDING OFFICER. Without affirmative, the motion is not agreed soft. We need to know from where and objection, it is so ordered. to. whom it comes and for what it was f spent. Obviously we need to know how f CLOTURE MOTION the money got there. We need to know CLOTURE MOTION that the laws on collecting it apply to The PRESIDING OFFICER. Under The PRESIDING OFFICER. Under everyone. That’s a simpler step than the previous order, the clerk will re- the previous order, the clerk will re- what is proposed and more constitu- port the motion to invoke cloture. port the motion to invoke cloture. tional too. The assistant legislative clerk read These unconstitutional restrictions The bill clerk read as follows: as follows: CLOTURE MOTION of this bill would increase the power of CLOTURE MOTION the media elites at the expense of the We, the undersigned Senators, in accord- We, the undersigned Senators, in accord- average American voter. Our Founding ance with the provisions of rule XXII of the ance with the provisions of rule XXII of the Fathers drafted the first amendment to Standing Rules of the Senate, hereby move Standing Rules of the Senate, do hereby to bring to a close the debate on S. 25, as protect against attempts such as these move to bring to a close debate on the pend- modified, the campaign finance reform bill: ing amendment No. 1258 to Calendar No. 183, to prohibit one segment of our society Thomas A. Daschle, Carl Levin, J. Lie- from entering into public discourse on S. 25, the campaign finance reform bill: berman, Wendell Ford, Byron L. Dor- Trent Lott, D. Nickles, Jon Kyl, Slade issues that greatly affect them. gan, Barbara Boxer, Jack Reed, Rich- Gorton, Mitch McConnell, Connie I commend the sponsors for elimi- ard H. Bryan, Daniel K. Akaka, Chris- Mack, Larry Craig, Strom Thurmond, nating from the most recent version of topher Dodd, Kent Conrad, Robert Gordon Smith, Jesse Helms, Kay Bai- their legislation the provision that Torricelli, Charles Robb, Joe Biden, ley Hutchison, Christopher S. Bond, forced businesses to give away their Dale Bumpers, Carol Moseley-Braun, Bill Frist, Charles Grassley, Thad product in the form of free broadcast John Kerry. Cochran, Rick Santorum. time. I also appreciated them taking CALL OF THE ROLL VOTE out the complicated funding formulas. The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Nonetheless, I still cannot support leg- imous consent, the quorum call has question is, Is it the sense of the Sen- islation that stifles the free speech of been waived. ate that the debate on amendment No. the American citizens and gives ex- VOTE 1258 to S. 25, a bill to reform the fi- panded new powers to a Washington The PRESIDING OFFICER. The nancing of Federal elections, shall be bureaucracy. For these reasons, I must question is, Is it the sense of the Sen- brought to a close? The yeas and nays oppose the revised McCain-Feingold ate that debate on S. 25, a bill to re- are required under the rule. The clerk legislation. I ask my colleagues to join form the financing of Federal elec- will call the roll.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10732 CONGRESSIONAL RECORD — SENATE October 9, 1997 The assistant legislative clerk called designee, in accordance with this concurrent Mr. President, I wish all opponents of the roll. resolution, it stand recessed or adjourned campaign finance reform were so forth- Mr. NICKLES. I announce that the until noon on Monday, October 20, 1997, or right. I wish all Members of the Senate such time on that day as may be specified by Senator from Florida [Mr. MACK] is could have had the opportunity to un- the Majority Leader or his designee in the necessarily absent. motion to recess or adjourn, or until noon on ambiguously register their support for The yeas and nays resulted—yeas 51, the second day after Members are notified to or opposition to campaign finance re- nays 48, as follows: reassemble pursuant to section 2 of this con- form in all its forms so that the Amer- [Rollcall Vote No. 274 Leg.] current resolution, whichever occurs first. ican people would have a clear public YEAS—51 SEC. 2. The Speaker of the House and the record of where we all stood on the sub- Majority Leader of the Senate, acting jointly ject. I can only assume that the public Abraham Enzi Lugar after consultation with the Minority Leader was denied a clear record because some Allard Faircloth McCain of the House and the Minority Leader of the Ashcroft Frist McConnell of us are apprehensive about how the Senate, shall notify the Members of the Bennett Gorton Murkowski public would react to our votes. I can- Bond Gramm Nickles House and Senate, respectively, to reassem- Brownback Grams Roberts ble whenever, in their opinion, the public in- not find any other explanation for the Burns Grassley Roth terest shall warrant it. elaborate lengths opponents of the bill Campbell Gregg Santorum f went to in order to prevent a single Chafee Hagel Sessions vote on any amendment to this legisla- Coats Hatch Shelby ORDER OF PROCEDURE Cochran Helms Smith (NH) tion. Collins Hutchinson Smith (OR) Mr. LOTT. Mr. President, I don’t I do not resent the use of the fili- Coverdell Hutchison Stevens have a complete schedule yet, but I be- buster to obstruct reform. I regret it, Craig Inhofe Thomas but I do not resent it. It is a frequent D’Amato Kempthorne Thompson lieve we are ready to go to the HUD– DeWine Kyl Thurmond VA appropriations conference report. roadblock to action in the Senate, and Domenici Lott Warner We are trying to get clearance to go to I and the other sponsors of the bill al- NAYS—48 Transportation appropriations con- ways understood that we must over- come it to prevail. Necessary to our ef- Akaka Feinstein Levin ference report after that. We are still Baucus Ford Lieberman working with Senator DASCHLE so that forts to overcome this institutional ob- Biden Glenn Mikulski we can outline the schedule for the re- struction, however, is the amendment Bingaman Graham Moseley-Braun mainder of the day. We are arranging process. We believe that if Senators are Boxer Harkin Moynihan Breaux Hollings Murray for some debate time. We are also obliged to vote yea or nay on various Bryan Inouye Reed working on clearing some Executive aspects of reform, the public’s reaction Bumpers Jeffords Reid Calendar nominations. Hopefully, with- to our votes might persuade 60 Sen- Byrd Johnson Robb ators to vote to limit debate. But as I Cleland Kennedy Rockefeller in the next few minutes, we will be able Conrad Kerrey Sarbanes to make some further specific an- have noted, we were precluded from of- Daschle Kerry Snowe nouncement and try to get a UC on all fering and disposing of amendments. Dodd Kohl Specter of that. I yield the floor. As I made clear to everyone before Dorgan Landrieu Torricelli debate on this bill began, if the sup- Durbin Lautenberg Wellstone Mr. MCCAIN addressed the Chair. Feingold Leahy Wyden The PRESIDING OFFICER. The Sen- porters of McCain-Feingold were de- nied an up-or-down vote on the bill or NOT VOTING—1 ator from Arizona. Mr. MCCAIN. Mr. President, the Sen- on amendments to the bill, we would Mack ate is not in order. exercise our rights as Members of the The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- Senate to offer amendments related to vote, the yeas are 51, the nays are 48. ate will come to order. The Senator reform on legislation subsequently con- Three-fifths of the Senators duly cho- from Arizona is recognized. sidered by the Senate. Now we are con- sen and sworn not having voted in the f fronting a parliamentary tactic that is affirmative, the motion is rejected. intended to deny us the opportunity to Mr. LOTT addressed the Chair. CAMPAIGN FINANCE REFORM offer amendments to the highway fund- The PRESIDING OFFICER. The ma- Mr. MCCAIN. Mr. President, a minor- ing bill. I don’t think that it is fair, jority leader. ity has prevailed for the moment in even if it is sanctioned by Senate rules. f blocking campaign finance reform. Nor do I think the tactic will perma- They will not prevail forever. Sponsors nently preclude us from offering re- PROVIDING FOR CONDITIONAL AD- of campaign finance reform knew from form amendments to other legislation. JOURNMENT OF BOTH HOUSES the outset that our legislation faced Mr. President, no Member of this OF CONGRESS long odds. We knew that finding a body can be permanently Mr. LOTT. Mr. President, I ask unan- supermajority of Senators to cut off disenfranchised from the right to offer imous consent that the Senate now debate would be very difficult. Not im- amendments. It is a practical impos- turn to the adjournment resolution, possible, but difficult. sibility. Unanimous consent is required House Concurrent Resolution 169; that What we had hoped might occur is for nearly all the work of the Senate, the resolution be agreed to; and that that as the amending process on the and Members who are denied their the motion to reconsider be laid upon bill proceeded, Senators from both right to amend legislation are not like- the table, all without intervening ac- sides of the aisle would begin to find ly to consent to moving that legisla- tion or debate. common ground on this subject, and tion forward. Every Senator knows The PRESIDING OFFICER. Without the basis for a fair bipartisan com- that their colleagues who intend to objection, it is so ordered. promise would be discovered. That was offer campaign finance reform amend- The concurrent resolution (H. Con. not to be the case, however, because ments will eventually succeed in doing Res. 169) was agreed to, as follows: the rules of this debate were structured so. At some point, the support or oppo- H. CON. RES. 169 to prevent anyone from offering any sition of Senators will be a matter of Resolved by the House of Representatives (the amendment. No vote on any single as- public record. Therefore, I am at a loss Senate concurring) That when the House ad- pect of campaign finance reform was to understand what purpose is served journs on the legislative day of Thursday, allowed, and that’s unfortunate. by attempting to temporarily prevent October 9, 1997, it stand adjourned until 10:30 The chief opponent of our bill, the us from offering these amendments. a.m. on Tuesday, October 21, 1997, or until Senator from Kentucky, very forth- We cannot be disenfranchised perma- noon on the second day after Members are rightly claimed that he would proudly nently, Mr. President, because to do so notified to reassemble pursuant to section 2 cast a vote against any bill that sought would disenfranchise the American of this concurrent resolution, whichever oc- to reduce the amount of money that people. The people have a right to curs first; and that when the Senate recesses or adjourns at the close of business on Thurs- currently soaks our Federal election know where their elected representa- day, October 9, 1997, Friday, October 10, 1997, system. I commend him for his candor tives stand on the issue of campaign fi- or Saturday, October 11, 1997, pursuant to a and having the courage of his convic- nance reform so that they may render motion made by the Majority Leader, or his tions. an informed judgment at election time

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10733 about how fairly we represent their up or down on either McCain-Feingold ference, have agreed to recommend and do concerns. or on some measure of full reform. I recommend to their respective Houses this The supporters of reform intend to think Senator MCCAIN has appro- report, signed by a majority of the conferees. offer amendments related to various priately suggested that ultimately the The Senate proceeded to consider the aspects of reform, and as I have stated will of the Senate can’t be held down conference report. previously, I intend to offer an amend- on a matter like this. Senators will (The conference report is printed in ment banning soft money, the unregu- have to vote one way or the other in the House proceedings of the RECORD of lated ocean of money which is drown- order to make their positions clear, October 6, 1997.) ing the integrity of our political sys- and the will of the Senate ultimately Mr. BOND. Mr. President, I yield my- tem and which occasioned so much will be heard. self such time as I may require. scandal in the last election. I am look- We, on our side, are particularly The PRESIDING OFFICER. The Sen- ing forward to the great debate on the grateful to Senator FEINGOLD for his ator from Missouri. first amendment that supporters of leadership, but, Mr. President, we re- Mr. BOND. Mr. President, I am soft money will offer in opposition to gret enormously that the American pleased to present the Senate with the the ban. people were not permitted to have one conference report accompanying H.R. I know that the Senator from Ken- amendment properly voted on and de- 2158. The bill provides a total of $90.7 tucky will enthusiastically engage in bated. Not one. Not once in this impor- billion in new budget authority, includ- that debate, and I again commend him tant issue, where 88 percent of the ing $21.5 billion in mandatory spending, for having the courage of his convic- American people believe we ought to which is $855 million less than the tions, for his clear willingness to have have reform, was the U.S. Senate, President’s request. his opposition to reform recorded un- known as the world’s greatest delibera- As with most legislative activity in ambiguously for the people to judge. tive body, able to truly deliberate. this body, the bill is not perfect, but I Will the other Senators join him? I Some would argue deliberation comes do think it reflects a very balanced ap- don’t know. I don’t think support for in many forms and a filibuster is a proach to a number of particularly dif- unlimited soft money is quite so clear form of that deliberation. But everyone ficult funding and policy decisions. In as his opposition to other reform pro- knows that a majority of this Senate achieving that balance, I owe a special posals. I think we would win a vote was prepared to vote for this bill as it debt of gratitude and express my sin- banning soft money. I am not certain, is today. This bill will come back again cerest thanks to my hard-working but I am fairly confident, and I intend and again until the Senate has a ranking member, Senator MIKULSKI, to find out. chance to work its will. whose cooperation, guidance, and wise We will keep trying until the Senate Mr. BOND addressed the Chair. counsel has helped to craft a consensus agrees to provide the people we serve The PRESIDING OFFICER. The Sen- in reaching many of these difficult de- with an honest, clear record of our sup- ator from Missouri. cisions. We have done our best to ensure that port or opposition to campaign finance f reform. They will then make a judg- both the spirit of the budget agreement ment as to whether they approve of our UNANIMOUS–CONSENT AGREE- and the highest priorities of the Presi- position or not. MENT—CONFERENCE REPORT AC- dent have been met without jeopard- Finally, again, Mr. President, I am COMPANYING H.R. 2158 izing key programs, such as veterans’ hopeful that at some point, there will Mr. BOND. Mr. President, I ask unan- medical care and the space program be sufficient requests by the American imous consent that the Senate now which were not protected in the budget people, including a million signatories, turn to the VA–HUD conference report; agreement. 1 million Americans signing a petition that the report be considered read; and For the VA, the highest priority in asking us to address this issue of cam- that there be 20 minutes equally di- the VA–HUD conference report is af- paign finance reform. I hope that soon- vided between the majority and the mi- forded to veterans’ programs which er or later that and the better angels of nority, plus 5 minutes for the Senator total $40.45 billion and veterans’ med- our nature will persuade us that it is from Washington, Senator GORTON; ical care in particular. The conference time to sit down and work out a cam- that following the conclusion or yield- report provides $17,060,000,000 for VA paign finance reform which is fair to ing back of time, the conference report medical care, which is $100 million everyone and gives and restores the be agreed to and the motion to recon- more than the President’s request and American people control of their Gov- sider be laid upon the table, all without more than $300 million above the ernment. intervening action or debate. amount assumed for veterans’ medical I yield the floor. The PRESIDING OFFICER. Without spending in the budget agreement. This Mr. KERRY addressed the Chair. objection, it is so ordered. level should ensure continued care to all eligible veterans and continued im- Mr. BOND. Without objecting, may I f say, we are trying to arrange for the provements to the VA medical system. expeditious consideration of the VA– DEPARTMENTS OF VETERANS AF- Increases also are provided for the HUD report. FAIRS, HOUSING AND URBAN DE- State Nursing Home Program con- Mr. KERRY. I just ask for 3 minutes VELOPMENT, AND INDEPENDENT struction and research. or so. I want to respond to Senator AGENCIES APPROPRIATIONS For the Department of Housing and MCCAIN. ACT, 1998—CONFERENCE REPORT Urban Development, the conference re- Mr. BOND. I have no objection. Mr. BOND. Mr. President, I submit a port provides close to $25 billion for fis- f report of the committee of conference cal year 1998, including full funding of on the bill (H.R. 2158) making appro- $8.2 million for section 8 contract re- THE SENATE WILL ULTIMATELY priations for the Departments of Vet- newals as provided through the budget BE HEARD erans Affairs and Housing and Urban resolution. Mr. KERRY. Mr. President, I would Development, and for sundry inde- Other key programs include $310 mil- like to thank the Senator from Arizona pendent agencies, commissions, cor- lion for drug elimination grants; $1.5 for his comments, for his steadfast ef- porations, and offices for the fiscal million for HOME; $4.7 billion for com- forts and leadership on this and, speak- year ending September 30, 1998, and for munity development block grants; $600 ing for Senator DASCHLE who is not other purposes, and ask for its imme- million for the Native American Block here at this moment and for the leader- diate consideration. Grant Program; $823 million for home- ship on this side, we would like to The PRESIDING OFFICER. The re- less assistance programs; $35 million make it very clear that what Senator port will be stated. for Youth Build; $25 million for MCCAIN has said we are determined to The legislative clerk read as follows: Brownfields; and $138 million for the try to help effect. We are determined The committee of conference on the dis- economic development initiative. that we will bring back campaign fi- agreeing votes of the two Houses on the Unfortunately, we were unable to nance reform again and again and amendment of the Senate to the bill (H.R. fund the preservation program due to again until we have the ability to vote 2158) having met, after full and free con- the high cost of the program, reported

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10734 CONGRESSIONAL RECORD — SENATE October 9, 1997 fraud and abuse, and HUD’s lack of ca- the budget request. This funding in- added in conference to ensure the pas- pacity to administer the program. To cludes an additional $40 million for sage of the bill in both the House and continue the program would cost some plant genome research. Mr. President, the Senate and to promote signing by $2 billion over the next several years. this new comprehensive initiative is the President. Therefore, we have included instead $10 critical to the future of U.S. crop pro- In addition, we reached a number of million to reimburse costs expended by duction, the ability of our strong agri- accommodations with the White House project owners and nonprofit and ten- culture sector to provide the food and with the cooperation and assistance of ant purchasers under the program. fiber needed in this country and the Senator MIKULSKI, Congressman This bill also authorized enhanced— world. STOKES, Congressman OBEY, and other or ‘‘sticky’’—vouchers which will pro- For the Federal Emergency Manage- members of the conference. We are tect tenants from being forced to move ment Agency, this agreement rec- grateful for their assistance. if an owner chooses to prepay a mort- ommends $830 million, including $320 I yield to Senator MIKULSKI for her gage and higher rents are charged. million for disaster relief and $30 mil- opening statement. Mr. President, I also point out that lion for a new predisaster mitigation Ms. MIKULSKI. Thank you very we have worked with the Department grant program intended to improve the much, Mr. Chairman. of Housing and Urban Development and Nation’s ability to reduce the costs and The PRESIDING OFFICER [Mr. colleagues in the authorizing com- impacts of natural disasters, particu- INHOFE]. The Senator from Maryland. mittee to craft an ongoing solution to larly in communities with significant Ms. MIKULSKI. Thank you, Mr. the high-cost rental program under disaster risks. President. multifamily projects in a program For the National and Community I rise today to join my very distin- known as mark-to-market. Service Program, funding is $425.5 mil- guished colleague, the Senator from We believe that the Senate’s posi- lion, an increase of $25 million over the Missouri, to offer for the Senate’s con- tion, which finally has been accepted current year. Despite continued con- sideration the conference agreement on by the House, to deal with these pro- cerns many of us have with this pro- the VA-HUD bill. grams to provide a continuation of gram, we have acknowledged the pri- This bill contains $99 billion—$99 bil- housing services to those residents in ority the President has placed on the lion—in outlay spending, of which al- particularly elderly and other projects program. And, in addition, the $25 mil- most $20 billion is in mandatory spend- lion is targeted directly to the critical funded under a multifamily basis, is ing. This isn’t just about numbers issue of child literacy. the best approach to dealing with what though. And it will not be about statis- Community development financial tics; this is about people. otherwise would be a budgetary night- institutions are provided $80 million. mare and potentially totally disruptive The VA-HUD bill is probably one of While this funding is $45 million less the most complex that comes before to the residents. than the President’s request of $125 For EPA, the conference report pro- the Senate. In terms of dollar amounts, million, the conference report funding vides $7.4 billion for fiscal year 1998, an it ranks up there with defense, and it represents a compromise which reflects increase of over $400 million over fiscal ranks up there with the Labor, Health significant concerns raised in the last year 1997; and an additional $650 mil- and Human Services budget. What it several months over the lack of admin- lion for fiscal year 1999 for the Super- does in terms of dollar amounts, istrative capacity and accountability fund program. The appropriation in- though, is it really is focused on two at CDFI, including concerns relating to cludes $3.3 billion for the operating policy objectives. No. 1, how do we re- the contracting of services. We expect programs, an increase of $200 million or spond to the day-to-day needs of our that the Treasury Department will 6 percent over fiscal year 1997. constituents, those veterans who need continue to put in systems, procedures State revolving funds would receive a health care or access to a mortgage, or and policies that will ensure that the total of $2.075 billion, including $1.35 constituents who need housing, wheth- CDFI program will be administered ap- billion for clean water and $725 million er it is housing for the elderly, or hous- propriately in the future. ing for neighborhoods trying to rebuild for drinking water. The President’s As I said before, on the section 8 themselves, or in response to the need proposed reduction of $275 million from mark-to-market reforms, title V of the for emergency assistance? the clean water State revolving fund bill provides, beginning in fiscal year At the same time, this subcommittee was fully restored. 1999, a comprehensive reform program gets America ready for its future. It is For Superfund, the conference report that provides a mortgage and rent re- significant in public investments in includes $2.1 billion, an increase of $750 structuring program to reduce the million over the current level. This costs of oversubsidized section 8 multi- science and technology. That is where funding includes an advance appropria- family housing properties insured we have tried to make wise and pru- tion of $650 million to be made avail- under the FHA. Under this mark-to- dent choices, on how we respond to the able on October 1, 1998, so long as a market program, FHA-insured prop- day-to-day needs of the American peo- Superfund reform bill is enacted by erties with above-market rents are eli- ple and at the same time help our May 15, 1998. This reflects the budget gible for debt restructuring to reduce country get ready for the future. I be- agreement which assumed this addi- the rent levels to market-rate rents or lieve that, working on a bipartisan tional funding only upon a comprehen- the project base rents needed to sup- basis, we have been able to do this. sive reform of the Superfund program. port operations and maintenance. I thank my colleague, Senator BOND, In addition, given the priority the ad- In response to concerns about HUD’s for the collegial manner in which he ministration places on funding for Bos- capacity, the legislation shifts the and his staff have worked with my staff ton Harbor, the conference report pro- management, administration, and re- and myself to craft a bipartisan bill vides $50 million, which is $27 million structuring of the portfolio to capable that represents the best interests of more than proposed by the House. local entities with a public purpose. In the American people. For NASA, the conference agreement most cases, State and local housing fi- I am very pleased to say that when it recommends $13.6 billion, the same nance agencies will be responsible for has come to meeting the health needs amount as proposed by the House and the restructuring of projects and con- of our veterans, whether it has been an increase of $148 million over the sultation with project owners, the ten- making sure that the housing needs are Senate level and the administration’s ants and the affected community. met, and at the same time whether it budget request. This amount will help In addition, the legislation requires is our space program or our invest- NASA deal with the recent problems the continuation of project-based as- ments in information technology, we with the space station program with- sistance for projects that serve elderly have not played politics. out jeopardizing critical programs, and disabled families, thus ensuring Isn’t this what the American people such as space science, earth science, the availability and affordability of want us to do? For the people who and aeronautics. low-income housing for the elderly and risked their lives at Iwo Jima, Pork For the National Science Founda- disabled. Chop Hill, Desert Storm, the Mekong tion, appropriations would total almost I note that a number of provisions, delta, they want us to get out there $3.5 billion, a $60 million increase above some of which I do not support, were and get up every day and see how we

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10735 can be responsible in meeting their you get a subsidy, you have to get I am also particularly pleased that, needs and not play politics with their yourself, your family, and your com- once again, the chairman responded to needs. Well, we looked at people who munity ready for the future because it a request from both the administration need public housing or subsidized hous- mandates that you must be in job and from this side of the aisle to main- ing, how we can ensure that housing is training and it mandates also that you tain the National Service Program. not a way of life but a way to a better must be engaged in community service This is a program where we ask young life. Isn’t that what the American peo- in your own area. people to volunteer in their commu- ple want us to do? This way we build the capacity of the nities, and while they are doing that, When they look to not only the Stars individual, we build the community in receive a voucher to reduce their stu- and Stripes, but they look out there to which that individual lives, and we get dent debts, and at the same time give the stars of the universe, they want the value not only for the taxpayer, but back to their community. United States of America to lead the the lives of residents will be trans- There are many aspects of this bill way. They do not want us to play poli- formed forever. which we could elaborate on, but the tics with our space program. And we Again, this committee provided real one that we probably have to respond have not done that. help for real people. This year, when we to most immediately is the Federal At the same time, they know a new looked at the environment, the Presi- Emergency Management Agency. century is coming, a new economy is dent’s request had many items we FEMA is the 9–1–1 agency for the on its way. We need groups like the Na- worked on, from Superfund to American people. Unfortunately, just Brownfields, clean air to clean water. tional Science Foundation, in its in- about every Senator’s State had a call What we have been able to do is not vestments in information technology on FEMA. We were able to respond to only work on these issues, but also lay and other basic scientific research, to that, and once again, we worked on a the groundwork for the research that do that basic research which the Fed- bipartisan basis. What we are also needs to be done to be sure that we eral laboratories and our universities going to do now is to practice the three have sufficient science for a regulatory are best at, so that we can then turn to R’s of emergency management: readi- framework. the private sector to value add where I am very grateful for the response of ness and preparedness, response when a public investments in publicly funded the Senator from Missouri when I came disaster hits, and restoration. Only research will lead to the private-sector to him when Maryland was hit by a this time when we restore, we are not jobs. And they do not want us to play terrible tragedy in which we had a fish going to only restore, we will take politics with that. And guess what? We kill over on our Eastern Shore. We had steps to help communities reduce the did not. thousands of fish die. Our great med- impact from future natural disasters So, Mr. President, as we come before ical community was concerned that it like hurricanes and floods. you with this VA-HUD bill, I think was having a dire effect on the physical Mr. President, we could talk about that is what we have done. We have and public health of our community. the legislation, but what I am here to moved this legislation forward. I think Before we responded inappropriately, say today is that what we have done in the numbers speak for themselves. we felt that we needed to have our Fed- this subcommittee is that we have re- We have provided $300 million more eral laboratories engaged so that they sponded to the needs of the American for VA medical care than the budget could support not only Maryland, but people, we have gotten ourselves ready agreement because we said, ‘‘Promises other affected States like Virginia and for the future, we have been fiscally re- made should be promises kept to our North Carolina, so we could come up sponsible, and we have done it on a bi- veterans.’’ with wise solutions to protect public partisan basis. At the end of the day, I We wanted to be sure that the VA health and also maintain the commu- don’t think we can do better than that. medical research could continue to be nity. I will be able to go back to my con- funded in a way that meets the impor- I want to thank Senator BOND for re- stituents in Maryland and say, ‘‘We tant practical clinical research that is sponding to my request for $3 million think we have done a good job for you. important. I am so pleased that we are that will fund EPA to find a solution to We think we have done a good job for going to be doing research on gulf war a problem called the pfiesteria, an ‘‘X America.’’ syndrome. I am particularly pleased Files’’-like organism that goes from a I thank Senator BOND and his staff that we have the set-aside for both vegetable to an animal and then at- for the way they worked with us, par- Parkinson’s disease and prostate can- tacks fish in a vicious way. What we ticularly John Kamarck, Carrie cer. With quality VA medical care and are able to do now is to provide the Apostolou, and a wonderful detailee, research, we are providing real help for best science to come up with the best Sarah Horrigan. I also want to thank real people. solutions to be able to protect lives, my staff, Andy Givens, David Bowers, When we look at our housing and protect the Chesapeake Bay, and pro- and also another detailee, a science urban development, we once again tect our economy. I want to thank the whiz kid like Sarah, Stacy Closson, make sure that we adequately fund the Senator for responding to that because who came to us to learn about how the very successful program that funds it was a last-minute, but certainly a Senate works, while we have a better housing for the elderly in our local much needed request. insight into how science works. communities. In NASA, we also talked about how Mr. President, I think that concludes This committee was concerned, we maintain our core programs—safety my remarks. I yield the floor and I will though, about two things. First, we for the shuttle, we will fly high in the look forward to the passage of the bill. were concerned that the way section 8 space station, and we will once again The PRESIDING OFFICER. The Sen- was being funded could inadvertently have adequate funding for Mission to ator from Washington. result in yet one more unfunded liabil- Planet Earth. While we study the great Mr. GORTON. Mr. President, my re- ity to taxpayers and a hollow oppor- universe, we also need to look back on marks are directed at the two distin- tunity for the poor. The Senator from the one planet where we do believe guished managers of the bill, and I Missouri, Senator BOND, has been an there is intelligent life, and that is our hope they will be able to respond to the architect of reform in this area. I have own dear planet Earth. Thanks to this concerns I am about to raise. noted with great pleasure the way he we will be able to study our planet as On July 22, while this bill was being worked with the administration in if it were a distant planet and come up debated on the floor of the Senate, I terms of fashioning a compromise with new ways of doing business, where shared with the Members of the Senate where we meet our fiscal and social re- we can predict earthquakes, where we a series of scandals across Indian coun- sponsibility simultaneously. can predict floods, where we can pre- try with respect to a housing program We also fund something called HOPE dict famine, and using the tools of for low-income Indian reservation resi- VI which says that public housing science, we can help countries all over dents. The scandal occurred in my own should not be a way of life but a way to this planet be able to protect them- State in Washington in the construc- a better life. We have come up with not selves from either the dire effects of tion of a 5,000 square foot, $400,000 only a new physical infrastructure, but nature or the dire effects that we bring home under this low-income program a new social infrastructure that says, if upon ourselves. for the chairman of the housing council

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10736 CONGRESSIONAL RECORD — SENATE October 9, 1997 of the particular tribe, and similar ac- port from our side to overcome the re- Conference Report. The conference re- tivities in other reservations across the sistance of their side. port effectively incorporates The Mul- country in which money had been mis- I point out to my colleague from tifamily Assisted Housing Reform and used not for the benefit of low-income Washington that HUD currently has Affordability Act of 1997 (S. 513), as Indians on reservations but for the ben- authority under this program to ad- passed by the Banking Committee and efit of the people who were managing dress fraud and abuse in this program full Senate with minor modification. the money themselves, most of whom and they have assured us that they This legislation averts a serious af- were above average in income. will. fordable housing crisis by restruc- As a result of that set of facts, them- Having said that, Mr. President, I as- turing the Department of Housing and selves a result of a long investigation sure my friend from Washington, I am Urban Development’s [HUD] Federal on the part of the Seattle Times, the from Missouri, and assurances—frothy Housing Administration [FHA] insured Senate unanimously passed an amend- substances do not satisfy me; I am section 8 project-based assisted port- ment that says ‘‘The Secretary of from Missouri, and you must show me. folio. This legislation will save tax- Housing and Urban Development shall I expect that the new Native Amer- payer money by reducing above-market bar any person from participating in ican Housing Block Grant Program rents on section 8 properties, will pro- any activity under the native Amer- which is under consideration in the tect residents, and will help maintain a ican housing block grants program Banking Committee will include pro- stock of affordable housing which will under title I of the Native American gram administrative and oversight re- remain available for the future. The fi- Housing Self-Determination Act of 1996 quirements. At this point we must nancial viability of assisted projects or any activity under the jurisdiction defer to the Banking Committee which will be protected by refinancing and re- of the Department of Housing and is currently looking at native Amer- structuring mortgages which are in- Urban Development where such person ican housing block grant reforms as sured by the FHA. has substantially, significantly, or ma- part of a HUD extender bill which I salute my friend and colleague Sen- terially violated the requirements of would extend the authorization of a ator CONNIE MACK, Chairman of the any such activity. The Secretary shall number of the programs such as FAA Subcommittee on Housing Opportunity pursue reimbursement for any losses or and multifamily risk programs. We ex- and Community Development, for his costs associated with these violations.’’ pect this bill will be considered by the outstanding efforts in crafting this leg- Now, Mr. President, the two man- House and the Senate before the end of islation and ensuring its swift enact- agers were delighted to accept that the session. ment. Through his extraordinary lead- amendment. The Senator from Mis- I hope there would be an opportunity ership this legislation has been devel- souri told me a week or so ago that the once again, for the Senator from Wash- oped in a bipartisan, measured and House was greatly resistant to these ington to address the very real con- thoughtful manner. I thank my friend provisions and that he greatly feared cerns he noted. Senator KIT BOND for the critical role he would have to drop them. In fact, he Mr. GORTON. Mr. President, I appre- he played in the development of this has done so, Mr. President. I simply ciate those expressions on the part of bill as a member of the Banking Com- would like to get his explanation as to my friend from Missouri and I empha- mittee in the last Congress and for his why Members of the House of Rep- size that I know he supported this pro- leadership as chairman of the VA–HUD resentatives seem to feel that someone vision and that he did his best to keep Appropriations Subcommittee in bring- can ‘‘substantially, significantly, and it included in the bill. ing this measure to final passage. materially violate the requirements of I hope that at some future time in Mr. President, this legislation is sup- the law’’ and suffer no consequences for authorizing legislation or otherwise we ported by a broad range of interest doing so? will be able to do something similar to groups including resident organiza- This seems to me to be a ratification this. I, too, have heard the assurances tions, owners, nonprofit housing asso- of this widespread fraud. At least two of the Department of Housing and ciations, the National Governors Asso- people working for the Department of Urban Development that this will not ciation, the National Affordable Hous- Housing and Urban Development were happen again, but we have gotten those ing Management Association, the Na- transferred, another has been forced assurances in the past without them tional Housing Conference, the Na- into early retirement as a result. But having been carried out. tional Association of Home Builders, why is it that a simple prohibition I summarize by saying how anyone and the National Council of State against what amounts to total fraud— could say that a person who ‘‘has sub- Housing Finance Agencies. The New effectively stealing not just the money stantially, significantly, or materially York Housing Conference and the New of the people of the United States, but violated the requirements’’ of this law York State Tenants and Neighbors Co- of poor members of these tribes, now is should somehow or another not even alition have been instrumental in the suddenly dropped from the bill? receive so much as a tap on the wrist development of this bill and I thank What sanction contained in this and should be allowed to go on doing in them for their valuable input and sup- amendment was regarded as so obnox- the future what that person has done in port. ious by Members of the House of Rep- the past, is beyond my understanding. I This legislation addresses the esca- resentatives, I ask my distinguished am sorry this is not in the bill. I don’t lating costs of the HUD section 8 pro- friend and chairman, that they refused think the excuses of its opponents and gram and achieves fiscal year 1998 sav- to include it in the final bill? the House conferees are adequate in ings of $562 million. Importantly, this Mr. BOND. Mr. President, to respond the slightest, but I do know that the legislation will save the American tax- to my good friend, I first commend him chairman and the ranking minority payer $4.6 billion over the next 10 years for calling attention to some of the member sympathize with me on this by reducing exorbitant rents in the sec- abuses that occurred. When we accept- and will support us as we continue on a tion 8 program. At the same time, the ed on the floor his proposal, it was in crusade for honesty and straight- legislation will protect the FHA multi- light of the abuses and the problems forward dealing and using this money family insurance fund from losses due that were uncovered. As I have advised for the purposes for which it was in- to defaults. The mortgage restruc- my colleague from Washington, the tended. I know they will support that turing provisions contained in this bill House had grave concerns about the in the future. will allow projects to continue to oper- breadth of this issue, fearing that it Mr. BOND. Mr. President, I thank the ate effectively with reduced rent lev- might bar not only people actively en- Senator from Washington for his com- els. gaged in fraud but people with other ments. Mr. President, millions of needy problems in their background or in MULTIFAMILY ASSISTED HOUSING REFORM Americans depend on section 8 housing other time periods or in other areas. I Mr. D’AMATO. Mr. President, I wish to provide them with affordable shel- cannot do a good job of explaining to express my strong support for the ter. The average income of these fami- their objection because it was not my inclusion of the Senate’s ‘‘Mark to lies, elderly and disabled persons is objection. We were unable to include it Market’’ reform legislation in the Fis- similar to those in Federal public hous- because we did not have adequate sup- cal Year 1998 VA-HUD Appropriations ing—approximately 17 percent of the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10737 local area median income. In addition, comparable properties, or where some 1.2 million apartments which are over 35 percent of these persons are el- comparables are unavailable, at 90 per- covered by State rent control and rent derly. Many more are disabled or fami- cent of HUD’s Fair Market Rent stabilization laws. It is particularly lies with children. It is essential that [FMR]. The legislation provides that important that the participating ad- we protect these residents. up to 20 percent of a given PAE’s in- ministrative entities [PAE] which con- Mr. President, the legislation pro- ventory may receive budget-based duct mortgage restructurings in New tects residents from displacement and rents, capped at 120 percent of FMR, in York have the flexibility to consider provides them with a meaningful voice order to maintain the financial viabil- the rents of these apartments, particu- in the restructuring process. Resident ity of the projects. larly those subject to rent stabilization involvement is essential to prevent The HUD Secretary may waive the 20 or rent control regulation, in making physical deterioration of buildings, percent limitation upon a demonstra- determinations of market rents. identify criminal activity and threats tion of special need. Report language Mr. President, I note with regret that to health and safety, and contribute to accompanying The Balanced Budget the Fair Market Rent [FMR] System the long-term viability of the affected Act of 1997 (S. 947), which passed the currently used by HUD has numerous buildings and communities. The legis- Senate on June 25, 1997, states: flaws, especially when applied to a lation provides for a strong role on the The Committee expects that the Secretary metropolitan area as large and diverse part of residents to participate in ac- shall utilize this important discretionary as New York City and its surrounding tivities such as the determination of tool to address the unique circumstances of suburbs. For instance, HUD utilizes a eligibility for restructuring, decisions various communities and regions throughout single Fair Market Rent estimate for to renew project-based contracts, the the nation. The Secretary should consider the entire municipality which fails to formation of the rental assistance as- relevant local or regional conditions to de- termine whether good cause exists in grant- take into account the various dif- sessment plan, capital needs and man- ing such a waiver. Such factors should in- ferences in true market rents between agement assessments, and physical in- clude, but should not be limited to: (1) such disparate markets as Queens, spections. whether the jurisdiction is classified as a Brooklyn, Manhattan, and Rockland In addition, resident involvement in ‘‘high cost area’’ under other federal statutes County. These markets are vastly dif- the decisions which affect their com- or programs; (2) prevailing costs of con- ferent, but HUD’s FMR system does munities and lives will be further en- structing or developing housing; (3) local not reflect these variations. sured by the selection of resident- regulatory barriers which may have contrib- This legislation, which originated in friendly participating administrative uted to increased development costs; (4) the Banking Committee, takes into ac- entities [PAE]. The legislation man- State or local rent control or rent stabiliza- tion laws; (5) the costs of providing nec- count the shortcomings and limita- dates that any organization selected as essary security or services; high energy tions of the FMR System. Instead of a PAE must have a demonstrated track costs; the relative age of housing in a juris- relying on this flawed system, the bill record of working directly with resi- diction; or (6) other factors which may have adopts an approach which would allow dents of low-income housing projects contributed to high development or oper- participating administrative entities and with community-based organiza- ational costs of affordable housing in a given to estimate true market rents based on tions. It is imperative that these PAE’s jurisdiction.’’ comparable properties. While it is true provide for resident input that is mean- By providing a priority to State and that rent levels which are subject to ingful. This will be achieved by the local housing finance agencies [HFA] State and local rent regulation may PAE providing residents timely, ade- to serve as PAE’s, we recognize and not fully reflect true market rents, quate and effective written notice of build upon the increasing financial and nevertheless they can often form the proposed decisions, timely access to housing management expertise of these basis for estimating such true market relevant information and an adequate public entities. HFA’s are accountable rents. Indeed, many rent stabilized time period for analysis and provision to State and local governments and the apartments in New York City are far of comments to the PAE and HUD. The public and are dedicated to increasing closer to true market rent levels than PAE and HUD will take into account the availability of affordable housing. HUD’s FMR estimates. resident comments in a thoughtful and In addition, they have extensive experi- Mr. President, I thank the conferees constructive manner. ence with the section 8 portfolio itself for including legislative amendments Mr. President, the bill seeks to pre- and will be able to leverage additional to the original Senate bill, S. 513, in serve affordable housing throughout resources for its benefit. the final legislation which will allow our nation for the benefit of current Mr. President, this legislation pro- participating administrative entities and future residents. Criteria have tects the interests of the Federal tax- to consider rent stabilized units for the been developed to assess whether a payer, the security of our residents and purposes of estimating local market project should maintain project-based the future of affordable housing. It is rents. I would ask my friend, Senator assistance or be converted, in whole or with great pride that I commend my BOND, if my statements are consistent in part, to tenant-based assistance. colleagues in the Senate for working with the intent of the conferees? Projects in disrepair will be rehabili- together to avoid the social and fiscal Mr. BOND. Mr. President, my friend tated, where feasible, and their proper crisis which would have occurred had Senator D’AMATO, the chairman of the maintenance will be ensured. The legis- HUD’s multifamily inventory not been Committee on Banking, Housing and lation contains important new enforce- reformed. This legislation was care- Urban Affairs, is entirely correct. His ment tools for HUD to employ to crack fully crafted with the spirit of biparti- statements are consistent with the in- down on fraud, waste and abuse by un- sanship for over 2 years. I salute all tent of the conferees to devolve deci- scrupulous landlords. Landlords who who contributed to this important and sionmaking responsibility to the State break the rules will be banned from the essential effort and support immediate and local level. Clearly, the conferees program. New protections against eq- passage. recognize that participating adminis- uity skimming, as well as expanded MARK TO MARKET REFORMS trative entities in some jurisdictions civil money penalties will greatly as- Mr. D’AMATO. Mr. President, I may find it necessary to take into ac- sist efforts to eliminate owners who would like to engage in a colloquy with count rents on units which are subject have cheated the Federal Government. the distinguished chairman of the VA– to local rent stabilization regulations In addition, the legislation refocuses HUD Appropriations Subcommittee, in order to determine comparable mar- HUD’s efforts on oversight and enforce- Senator KIT BOND, for the purposes of ket rent levels. ment. By devolving the primary re- clarifying the intent of the VA–HUD The conferees are mindful of the sponsibility for conducting mortgage Conferees in regard to several aspects unique circumstances of New York restructurings to the State and local of the section 8 reforms included in the rental markets. For that reason, the level, HUD staff will be able to con- conference report. legislation was crafted to allow the centrate on rooting out abuses within First, I would like to clarify the in- consideration of rent stabilized apart- the system. tent of the conferees regarding deter- ments within the definition of com- Rents on restructured properties will mination of market rent levels. In my parable properties for the purposes of be set at local market rates based on home State of New York, there are determining market rent levels.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10738 CONGRESSIONAL RECORD — SENATE October 9, 1997 Mr. D’AMATO. Mr. President, I their incomes in rent. This data is ex- critical that flexibility is provided to thank the distinguished Senator for his tremely disturbing. The rent burden of the participating administrative entity clarifying remarks. I would ask for one voucher-holders is especially relevant [PAE] and HUD in dealing with dis- additional point of clarification. in making these determinations. The qualified properties. I am, however, Mr. President, the section 8 reform PAE could consider the impact of re- concerned about those properties that provisions include a mandatory re- ductions in the FMR to the 40th per- are not part of the mark-to-market newal of project-based assistance for centile of available units on tenant- program but are disqualified from the restructured properties which have a choice and rent burden as well. renewal process. significant number of elderly or dis- Whenever possible, the PAE should Mr. MACK. I agree with Senator SAR- abled persons, or which are located in use local experience in making this de- BANES that this flexibility is extremely tight rental markets, such as New termination rather than relying on na- important in dealing with disqualified York City. In addition, there is a local tional averages, which often are ren- properties and that with input from option to replace project-based assist- dered meaningless when applied lo- local governments, communities, and ance contracts with section 8 vouchers, cally. PAE’s should asses the need for a residents, hopefully some creativity after completion of a rental assistance stock of affordable housing which will can be used. I strongly believe that it assessment plan by the PAE with be available on a long-term basis, when is important that the Federal Govern- meaningful consultation with the judged in light of the housing needs ment terminate its relationship with owner of the affected project. identified in the local consolidated those owners who have abused the pro- This plan, as with all aspects of the plan. PAE’s should consider the gram and those properties where it is overall mortgage restructuring and amount of multifamily housing cur- simply infeasible to continue to sub- rental assistance sufficiency plan, shall rently being developed in that area sidize. However, we should not take a ‘‘one-size-fits-all’’ approach and ensure also be developed with an opportunity which is affordable to low-income fami- that the interests of residents, commu- for meaningful input by the affected lies. residents as well. It is imperative that Mr. President, it is imperative that nities, and local governments are care- residents be kept informed of the proc- PAE’s consider the characteristics of fully considered. I am also concerned about those ess for mortgage restructuring and the specific projects. For instance, a par- properties, not eligible for mark-to- possibility of receiving tenant-based ticular project could contain a number market, whose contracts are not re- assistance, and be offered ample oppor- of apartments with three or more bed- newed due to noncompliance actions by tunity to voice their preferences as to rooms in a geographic area where there owners or the poor physical condition the type of assistance provided. It is a dearth of such affordable housing of the property. I have some reserva- would not be outside the authority of available to large families. In all cases, tions about HUD’s policy to simply the PAE to conduct a survey, on a PAE’s should consider the long-term voucher out those properties instead of project-by-project basis, as to resident consequences of their decisions. I exploring other creative options such preferences in this regard. would ask my friend, Senator KIT as transfers or sales to resident-sup- Mr. President, I would like to empha- BOND, whether my statements are fully ported nonprofit entities. size the role of State and local deci- consistent with the intent of the con- Mr. BOND. In addressing the Sen- sionmaking in making this determina- ferees? ators’ concerns, it is my expectation tion. It is not the intent of the drafters Mr. BOND. Mr. President, the state- that the Secretary of HUD will use the of the legislation that HUD attempt to ments of the chairman of the Com- same procedures outlined in the mark- micromanage or second-guess the de- mittee of Banking, Housing and Urban to-market legislation for those prop- termination of the PAE. Neither is it Affairs are indeed consistent with the erties affected by the nonrenewal pol- their intent that the HUD imple- intent of the conferees. Indeed, devolv- icy. The Secretary should not only ex- menting regulations include one-sided ing responsibility and decisionmaking plore the use sales or transfers to non- interpretations of the statutory lan- to the State and local level is one of profit organizations, but also allow guage which will force a preference for the primary goals of this mark to mar- these properties to retain project-based tenant-based assistance upon the local ket legislation. Not surprisingly, that assistance if the ownership or physical decisionmakers. The criteria are inten- is also the reason for the priority in se- condition problems are adequately ad- tionally objective and neutral and the lecting State and local housing finance dressed. I agree with Senator MACK final decision for applying them rests agencies to be PAE’s. that under no circumstances should we at the local level. The decisions made by these entities continue to subsidize bad landlords or In addition, in interpreting these cri- will have long-term consequences. The bad properties, but that we need to be teria, the participating administrative PAE’s therefore should be granted careful about how we handle these situ- entities should, to the fullest extent great deference in assessing the impact ations. possible, consider the local experience of these decisions on local housing CONFLICTS OF INTEREST UNDER ‘‘MARK-TO- of the various forms of housing assist- markets. Also, I would reiterate the MARKET’’ ance. For instance, the PAE should Senator’s statement on the importance Mr. MACK. Mr. President, under the consider the actual effectiveness of of resident and owner involvement in ‘‘mark-to-market’’ title that is con- tenant-based assistance. In many the decisionmaking process. We believe tained in the VA–HUD appropriations cases, voucher-holders are unable to the local PAE’s will be in a better posi- conference report, a strong priority to utilize their vouchers. In many areas tion to make these determinations public entities is provided to act as too, voucher-holders often find their than Federal officials at HUD or the participating administrative entities choices constrained to certain areas, Office of Management and Budget. [PAE]. It is expected that qualified neighborhoods and projects. The lease- Mr. D’AMATO. Mr. President, I once public entities will handle most of the up rates and need to utilize section 8 again thank my colleague for his clari- work under this program. However, in reserves in order to improve these fying remarks and I offer my congratu- instances where a qualified public enti- rates by the local public housing au- lations to him on the passage of legis- ty is not available, the Secretary of thorities would be relevant in deter- lation which is fair, balanced and very Housing and Urban Development [HUD] mining the local effectiveness of the effectively serves the needs of the is provided flexibility in selecting voucher program. American people. other qualified entities such as non- Also, in determining the relative af- DISQUALIFIED PROPERTIES UNDER ‘‘MARK-TO- profit and for-profit entities. fordability of vouchers, the PAE should MARKET’’ To ensure that these entities do not consider whether a resident’s rental Mr. SARBANES. Mr. President, I am use their positions as PAE’s for unfair contribution could rise above 30 per- pleased that the mark-to-market legis- financial benefit, the bill contains an cent of his or her income. Recent data lation that is incorporated in the VA– important provision that would pre- from HUD indicate that a large per- HUD conference report contains some vent conflicts of interests by PAE’s. It centage of voucher-holders pay more measures that deal with properties is my understanding that this provi- than 30 percent of their incomes for that are disqualified from the restruc- sion was included to permit the Sec- rent, and many pay more than half of turing program. I believe that it is retary to establish guidelines that

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10739 would prevent conflicts of interest by a receive rents in accordance with the re- seriously, while balancing this with the PAE that provides financing or credit structuring plan. For projects that do need to complete the restructuring enhancement as part of the restruc- not undergo restructuring, the Sec- process in a timely fashion. turing process. Further, the provision retary may provide section 8 assistance Mr. BOND. I agree with my col- allows the Secretary to establish for all units assisted by an expiring leagues. In accommodating HUD’s de- guidelines to deal with other conflicts contract at rents up to comparable sire to streamline the tenant participa- of interest issues that would prevent market rent. tion process, the Congress in no way PAE’s, especially nonprofit and for- I also note to the Senator that to en- intends to minimize the importance of profit private entities, from using their sure consistency with the permanent meaningful and effective participation roles as PAE’s in the restructuring pro- mark-to-market program, we expect of project residents and others with a gram that go beyond the public pur- that the Secretary will use the defini- stake in the restructuring process, in- poses outlined in the legislation. tion of comparable market rents in sec- cluding local governments. I agree with I would like to ask Senator BOND if tion 514(g)(1) of title V of the bill when my colleagues that this must be done this is also his understanding of the establishing guidelines for the perma- in a way that also ensures that the bill. nent renewal policy. mark-to-market process is completed Mr. BOND. The Senator is correct. Under the permanent renewal au- in the 3-year window created by this To handle the workload and com- thority, there again will be certain ex- legislation. plexity of transactions under mark-to- ceptions. Generally, these contracts market, a significant amount of flexi- would be renewed at the lower of exist- SECTION 517(C) bility is provided to the PAE’s. How- ing rents—subject to an operating cost Mr. FAIRCLOTH. Mr. President, I ever, it is expected that the Secretary adjustment factor—or budget-based want to clarify section 517(c) of the establish strict and coherent guidelines rents—subject to a budget-based rent pending conference report. Let me be to ensure that PAE’s do not go beyond adjustment. clear that the intent of this provision their restructuring duties as intended The approach agreed to by the con- is solely to encourage the Government- under the bill. To further prevent any ferees provides policy continuity for sponsored housing enterprises, Fannie abuses, the bill forbids private entities the expected 1 year period during Mae and Freddie Mac, to provide tech- that act as PAE’s to share, participate which the new mark-to-market pro- nical assistance and other support for in, or benefit from any equity in the re- gram is being developed, provides an maintaining the availability of afford- structuring program. Last, it is ex- incentive for projects to participate in able housing. pected that those most affected by re- the mark-to-market program, and Mr. MACK. The Senator from North structuring, namely residents, commu- makes clear a cost effective permanent Carolina is correct. This provision was nities, and owners, are involved in the renewal policy which will take effect in contained in the legislation as it was process to protect the public interests. fiscal year 1999. initially reported out of the Banking SECTION 8 RENEWAL POLICY TENANT PARTICIPATION Committee as part of the committee’s Mr. MACK. Mr. President, I under- Mr. KERRY. Mr. President, I want to reconciliation bill. At that time, the stand that the VA–HUD appropriations again express my gratitude to my col- Banking Committee’s report made it conference report contains important leagues Senator MACK and Senator clear that nothing in the section was renewal policy provisions related to ex- BOND for their unrelenting efforts to intended to be interpreted to impose piring section 8 contracts. I would like include the mark-to-market legislation any new regulatory mandate on Fannie to ask Senator BOND if my under- in this bill, and congratulate them on Mae and Freddie Mac to continue ex- standing is correct. their success. isting section 8 contracts in their cur- Mr. BOND. The Senator is correct. As originally passed by the Banking rent subsidized form. The bill provides renewal policies for Committee and the Senate, the mark- HUD ECONOMIC DEVELOPMENT GRANT, LEHIGH to-market legislation had more de- projects which undergo restructuring COUNTY, PA under the mark-to-market program tailed language imposing specific re- and those which do not. quirements on PAE’s with regards to Mr. SPECTER. Mr. President, I have Briefly, for fiscal year 1998, the con- tenant participation in the decisions sought recognition to thank my col- ferees have approved a 1-year extension regarding the restructuring and ongo- league, Chairman BOND, for including of the basic rent renewal policies in ing treatment of eligible properties. At in the conference report $700,000 for a section 211(b) of the fiscal year 1997 the request of HUD, the conference re- targeted grant for economic develop- VA–HUD Appropriations Act and the port provides for a more streamlined ment for Lehigh County, PA. I am ad- mark-to-market demonstration pro- approach. We accommodated the ad- vised that these funds will be used to gram to cover contracts expiring in fis- ministration on this issue because we establish an aquatic and wellness cen- cal year 1998. do not want to unnecessarily bog down ter on the grounds of Cedar Crest Col- This means that projects which un- the restructuring and rehabilitation lege. dergo restructuring under the dem- process. The center has much local support onstration program—those with rents However, I want to make clear that because it is designed to stimulate eco- in excess of 120 percent of the fair mar- the Congress fully expects that PAE’s nomic development in the Lehigh Val- ket rent [FMR]—will receive rents de- will establish procedures that ensure ley. For example, the center is ex- termined under the restructuring plan. meaningful and effective participation pected to host athletic events and For projects that do not enter the dem- for residents of the restructured bring as much as $3 million annually in onstration program, contracts will be projects and other affected parties, and economic benefits to the region. The renewed at rents in effect upon expira- that a streamlined process should not center is also envisioned as a means of tion, but not to exceed 120 percent of be construed to in any way allow the reducing juvenile crime in the Lehigh FMR. The 120 percent of FMR limit, process of participation to be cir- Valley. According to the center’s plan- however, does not apply to rents for cumvented. ners, underprivileged inner-city youths certain exception projects enumerated Is that your understanding? will be provided free access to the cen- in the bill. These projects, which in- Mr. MACK. Thank you, Senator ter in the hope that it will provide a clude section 202 elderly projects and KERRY. Let me say that I strongly sup- drug-free, healthy environment to ju- publicly financed projects, for example, port tenant and community participa- veniles and thus help break the temp- will be renewed at existing rent levels. tion in this process. As you know, I tations of street life and crime. We The legislation also establishes per- have consistently advocated for such a need to do much more to reduce juve- manent renewal policy for fiscal year role for tenants and other community nile crime, and offering civic diversions 1999 and beyond when the permanent residents in both the mark-to-market is an important means of accom- mark-to-market program is imple- legislation and the public housing leg- plishing this goal. There will also be mented. Projects which are subject to islation, which passed the Senate improved civic health for all social the program—those with rents in ex- unanimously. So I would concur that groups, particularly the elderly and the cess of comparable market rents—will we expect PAE’s to take this provision disabled.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10740 CONGRESSIONAL RECORD — SENATE October 9, 1997 Private sources have raised $2 mil- areas, which are particularly disadvantaged definition of ‘‘eligible multifamily lion of the $9 million cost of con- under the Department’s fair market rent housing projects’’ in section 512(2)(A) structing the facility, and the Com- system because these properties were built would be guided by the same standards to a different standard compared to general monwealth of Pennsylvania has in- rental properties, and the nature of the rent- as apply in connection with deter- cluded this project in its capital budg- al housing depresses the FMR’s. mining comparable properties, i.e., the et. Accordingly, I am pleased that the The statement of Managers clearly limitation to the same market area Congress has chosen to make available recognizes the situation confronting a would be to the extent it was prac- economic development funds for the large number of projects in my state of ticable and that as indicated in the center. Iowa and in other states in the Mid- statement of managers, the partici- Mr. BOND. I thank my colleague for west. There are a variety of factors pating administrative entity may look his comments and want to confirm his causing an especially difficult problem at rents outside the project’s jurisdic- understanding that the $700,000 in the for many rural elderly projects. First, tion. conference report is intended to be they were logically built with common And, we expect that the Secretary made available for this center at Cedar rooms, elevators and other amenities Crest College, which should contribute to serve their elderly occupants which will grant the waiver authorities al- to economic development in the Lehigh added to construction costs and are lowed to him regarding the 20 percent Valley region. rarely found in the rental housing sur- limit on properties receiving an FMR Mr. COCHRAN. Mr. President, I veyed by HUD for FMR-setting pur- of up to 120 percent and for granting would like a clarification of an item in- poses. Second, the nature of rural rent- appropriate properties FMR’s in excess cluded in the fiscal year 1998 Veterans al housing in much of the rural upper of 120 percent up to the limits allowed Affairs, Housing and Urban Develop- Midwest creates very low FMR’s. in the legislation. ment, and independent agencies appro- Third, a very large share of the Again, I thank you for your efforts in priations bill. projects built in the late 1970’s which this area. The item on which I would like clari- are now coming up for renewal were fication was included under the Eco- rural elderly projects in many States. PARTICULATE MATTER RESEARCH nomic Development Initiative Program That means that those States will see Mr. SHELBY. Mr. President, I would section of the bill and provides a grant a large number of projects needing ex- like to take this opportunity to thank of $1,000,000 to the city of Jackson, MS. ceptions from the rent limitations re- the chairman for including language on The conference report states that the quiring actions by the Secretary. The particulate matter research in the VA, grant should be used for training facili- measure provides for some waiver au- HUD, and independent agencies appro- ties and equipment for a downtown thority with limits set by geographic priations bill for fiscal year 1998. This multimodal transit center, phase II. areas. bill allocates approximately $50 million The conference report incorrectly iden- I want to clarify that the waiver au- for research on the possible health ef- tifies what the grant is to be used for. thority and other requirements placed fects of airborne particulate matter. In fact, the grant is for the acquisition in the legislation during conference are The administration based its most far- and rehabilitation of facilities and re- intended to provide maximum flexi- reaching and costly air quality stand- lated improvements for a downtown bility for restructuring projects to en- ards on inadequate research and meth- multimodal transit center, phase II, in sure that elderly projects, and espe- odology. The language in this bill en- the city of Jackson, MS. cially rural elderly projects, are pre- sures that critically needed research is These funds are specifically to be served as project-based, low-income carefully and objectively mapped-out. used for the aquisition and rehabilita- housing. This valuable resource is tion of a trolley barn, downtown em- needed to ensure the availability of af- The emotionally charged debate on ployee shuttle park and ride lots, and a fordable, low-income housing for the this issue, the concern expressed by long-term intermodal passenger park- elderly and disabled. State, local, and Federal officials over ing lot. This funding will help revi- Mr. BOND. Mr. President, I appre- the rules, and the numerous unan- talize an area of the city of Jackson ciate the concerns and efforts of the swered questions and uncertainties that has been federally designated as Senator from Iowa in this area. I share identified by EPA’s science advisers an enterprise community. his concern about preserving elderly and other independent scientists only It is my understanding that the con- rural housing and that any adverse ef- serves to underscore the pressing need ference report incorrectly identified fect on elderly residents be minimized. for further research. There is wide- the purpose of the economic develop- Clearly, we expect that there will be spread disagreement in the scientific ment initiative grant and that congres- instances in which participating ad- community over the adequacy of the sional intent for the $1,000,000 grant to ministrative entity may need to look studies the EPA used as a basis for the the city of Jackson, MS, is for the pur- at rents outside the jurisdiction to best new air quality standards. poses as I have described them. Would determine comparable rents. This con- I am greatly disturbed that these the chairman clarify this under- cept is borne out in the definition of costly standards were promulgated standing? ‘‘comparable properties’’ in section without any form of scientific con- Mr. BOND. Yes. The conference re- 512(1) where such properties are defined sensus that the regulations will pro- port does mistakenly identify the pur- as meaning ‘‘properties in the same vide any measurable improvement in pose of Jackson, MS, grant. The eco- market areas, where practicable, that human health. Currently, these stand- nomic development initiative grant for (A) are similar’’ in various indicated ards are subjective in nature not based the city of Jackson should be used for ways to the project at issue, including on available objective scientific evi- the purposes as Senator COCHRAN de- ‘‘type of location,’’ ‘‘unit amenities,’’ dence. It is critical to our Nation that scribes them. and ‘‘other relevant characteristics.’’ a well organized and thought out sci- Mr. COCHRAN. I thank the chair- The addition of the words ‘‘type of’’ entific review of these matters occurs. man. was added to meet the concerns you Premature implementation of the ELDERLY HOUSING and others expressed that the lack of standards is far more damaging to our Mr. HARKIN. Mr President, I want to comparable housing for the elderly in Nation than taking the time to allow a express my appreciation to the chair- relatively low population markets calls larger portion of the scientific commu- man of the VA–HUD Subcommittee and for appraisers to, within the normal nity to study and review these stand- to Chairman of the Subcommittee on practices, to use comparables in simi- ards. I believe my colleague from Ala- Housing for working with me to ad- lar types of locations in other markets bama would like to share his thoughts dress the special difficulties concerning when there are not two comparable on this matter. the treatment of rural elderly housing properties in the market. projects under the new Multifamily I presume in such a case where it has Mr. SESSIONS. Numerous scientists, Housing Restructuring Program con- been determined appropriate to look at including several who have testified on tained in the conference report. As the other market areas for comparable this issue before the Environment and statement of managers states properties, that the use of the phrase Public Works Committee, have stated A large portion of the properties in the ‘‘in the same market area’’ with re- that the size, shape, or chemical com- upper Midwest are elderly facilities in rural spect to comparable properties in the position of the PM that is causing the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10741 alleged adverse health effects is un- Health Sciences, National Academy of pendent agencies appropriations bill, I known. There are various theories— Sciences [NAS], Health Effects Insti- would like to take exception to lan- sulfates, acids, transmetals, tute and several other public and pri- guage contained in the Senate com- ultrafines—regarding the potential bad vate entities. Within 30 days of the en- mittee report regarding the Fair Hous- actor. actment of this legislation, the EPA is ing Act and property insurance. During testimony before the Senate required to enter into a cooperative The report contains two paragraphs Environment and Public Works Com- agreement with the National Academy regarding the Office of Fair Housing mittee, we learned that the EPA based of Sciences [NAS] to develop a com- its setting of the new particulate mat- and Equal Opportunity’s continued ex- prehensive, prioritized, near- and long- ercise of regulatory authority over ter standard on inconclusive scientific term particulate matter research pro- property insurance under the Fair data. In one EPA study, which at- gram, as well as a plan to monitor how Housing Act. I would like to remind tempted to show a relationship be- this research program is being carried my colleagues that discrimination in tween levels of particulate matter and out by all participants. All parties, in- the provision of property insurance is a mortality and morbidity in Bir- cluding Congress, will be apprised of mingham, AL, the author of the study the research plans and all subsequent clear violation of the Fair Housing Act. admitted that if humidity was consid- steps throughout the process. The EPA In 1988, Congress gave the Depart- ered in the model, the effects of partic- is expected to implement NAS’s plan, ment of Housing and Urban Develop- ulate matter on morbidity and mor- including appropriate peer reviews. ment [HUD] the authority to promul- tality was statistically insignificant. NAS will monitor the implementation gate regulations to enforce the Fair Billions will need to be spent by indi- of the research plan and periodically Housing Act. At that time, HUD under viduals, industry, and State and local report to Congress as to the progress of then-President George Bush and HUD governments to meet compliance with the research program. We believe the Secretary Jack Kemp—issued a regula- the administration’s PM2.5 standard. language included in this bill set forth tion which defined conduct prohibited Unless the problem is clearly identified a realistic and thoughtful plan to ad- under the Fair Housing Act to include: before control programs are imple- dress the numerous scientific questions ‘‘refusing to provide property or hazard mented, there is no assurance that that need to be investigated prior to insurance for dwellings, or providing there will be any health benefits re- the next NAAQ’s review for particulate such insurance differently, because of sulting from the new standards. In matter. race, color, religion, sex, handicap, fa- fact, the new standards themselves Mr. SHELBY. Thank you, Mr. Chair- milial status, or national origin.’’ may bring adverse health effects as an man and Senator SESSIONS, for partici- unintended consequence caused by a pating in the colloquy. The reason for this prohibition is simple. Without property insurance, no lower standard of living. COORDINATED TRIBAL WATER QUALITY PROGRAM Mr. Chairman, I am pleased that Mrs. MURRAY. Mr. President, I want lender will provide a mortgage. With- your bill addresses the lack of sci- to thank the subcommittee for its hard out a mortgage, few individuals can entific evidence to justify the newly and diligent work on this bill. In par- buy a house. promulgated air quality standards. ticular, I appreciate the recognition of Recently, Federal courts of appeal in Science on this matter needs to be the Coordinated Tribal Water Quality two different circuits have held that completed in order to obtain a clearer Program in Washington State the Act applies to insurance discrimi- understanding if there is a problem and [CTWQP]. nation, and the Supreme Court has de- then what needs to be done to address The CTWQP is a most important nied petitions to review those holdings. the problem. This measure will begin model for demonstrating how tribes [See NAACP v. American Family, 978 the process of a strong scientific over- can solve their water quality protec- F.2nd (7th Cir. 1992) cert. denied, 508 US view. I support the immediate direc- tion problems by coordinating with 907 (1993); Nationwide v. Cisneros, 52 F3d tion for scientific research. local, State, and Federal Government 1352 (6th Cir. 1995), cert. denied, 64 Mr. BOND. I believe research, as out- agencies. This program began in 1990 U.S.L.W. 3560, (Feb. 20, 1996)] lined in this bill, will begin to improve when the 26 tribes and tribal organiza- our understanding of the relationship tions in Washington State came to- Some have maintained that com- between particulate exposure and ad- gether with a cooperative intergovern- bating insurance discrimination has verse health effects. The funding and mental strategy to accomplish na- nothing to do with civil rights, but direction provided in the bill will put tional clean water goals and objectives. rather is a regulatory issue. Enforce- into place a needed mechanism to es- As a result of Federal court decisions, ment of antiredlining provisions, how- tablish a comprehensive, peer-reviewed the State of Washington has recognized ever, is not insurance regulation—rath- research program which will benefit all the tribes as comanagers of water qual- er, it is about prohibiting discrimina- parties involved with the decision- ity in the State. This program has been tion, a subject that, under our Con- making activities regarding particu- an effective tool for leveraging scarce stitution, is clearly the responsibility late matter in the years to come. The public funds to create viable, water- of the Federal Government. The law EPA was one of several organizations shed-based water quality protection works to ensure that insurance—like that worked with us to develop the re- plans. all other goods and services—is avail- search directives in this bill and I fully It is my understanding Congress has able to all citizens, regardless of race. expect the EPA to follow the direction increased EPA’s General Assistance The Senate report contains language and spirit of the statement of man- Program [GAP] and other funding stating that the ‘‘McCarran-Ferguson agers. mechanisms over the years which in- Act of 1945 explicitly states that unless Mr. SHELBY. When the administra- cludes the base program efforts for the a Federal law specifically relates to tion promulgated these rules, they ac- CTWQP in Washington State. the business of insurance, that law knowledged the need for additional sci- Mr. BOND. Mr. President, the Sen- shall not apply where it would inter- entific studies to attempt to validate ator from Washington is correct. The fere with State insurance regulations.’’ their actions. Considering the current GAP and other funding mechanisms in Current law does not violate the controversy surrounding the lack of EPA have increased over the years to McCarran-Ferguson Act. Federal scientific evidence for the air quality meet the needs of tribal governments. courts have consistently held that the rule, I am pleased that your language These needs include the CTWQP in Fair Housing Act only adds remedies opens future research to a diverse sec- Washington State. The funding will for illegal discrimination—it does not tion of our Nation’s scientists. Mr. allow the tribes to fulfill their roles as preempt any State regulation. Chairman, how does this language en- comanagers of water quality in Wash- sure that the EPA will establish a col- ington State. The Senate language also states that laborative relationship with the par- Mrs. MURRAY. I thank the distin- ‘‘HUD’s insurance-related activities du- ticipating organizations. guished chairman for this clarification. plicate State regulation of insurance.’’ Mr. BOND. The research program is Ms. MOSELEY-BRAUN. Mr. Presi- While most State insurance codes do intended to build on the research that dent, while I congratulate Senators address issues pertaining to unfair dis- is planned or underway at the EPA, Na- BOND and MIKULSKI on their efforts to crimination, referring to treating the tional Institute of Environmental craft this year’s VA, HUD, and inde- same insurance risks differently, these

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10742 CONGRESSIONAL RECORD — SENATE October 9, 1997 State insurance laws generally lack H.R. 2158, VA–HUD APPROPRIATIONS, 1998, SPENDING taxpayers are paying costly subsidies the protections and remedies provided COMPARISONS—CONFERENCE REPORT for inferior housing. by the Fair Housing Act. [Fiscal year 1998, in millions of dollars] We are on the verge of a funding cri- Congress has consistently rejected sis in the renewal of HUD’s expiring De- Non- Crime Manda- Total section 8 rental assistance contracts. the argument that the Federal Govern- fense defense tory ment should leave the enforcement of Indeed, HUD Secretary Cuomo has Conference report: called the section 8 contract renewal civil rights to the exclusive jurisdic- Budget authority ...... 128 68,447 ...... 21,332 89,907 tion of the States. Even in States Outlays ...... 128 79,833 ...... 20,061 100,022 problem ‘‘the greatest crisis HUD has Senate 302(b) allocation: ever faced.’’ Over the next several whose civil rights laws address dis- Budget authority ...... 130 68,447 ...... 21,332 89,909 crimination in property insurance, pro- Outlays ...... 129 79,833 ...... 20,061 100,023 years, a majority of the section 8 con- President’s request: tracts on the 8,500 FHA-insured prop- tection equal to the Fair Housing Act Budget authority ...... 129 76,965 ...... 21,332 98,426 is all too often lacking. Currently, only Outlays ...... 128 80,313 ...... 20,061 100,502 erties will expire. If contracts continue House-passed bill: to be renewed at existing levels, the 29 States have laws and enforcement Budget authority ...... 128 69,823 ...... 21,332 91,283 mechanisms that have been certified as Outlays ...... 128 80,403 ...... 20,061 100,592 cost of renewing these contracts will Senate-passed bill: grow from about $2 billion in fiscal substantially equivalent to the Federal Budget authority ...... 128 68,729 ...... 21,332 90,189 Fair Housing Act. Federal enforcement Outlays ...... 128 79,559 ...... 20,061 99,748 year 1998 to $5.2 billion in fiscal year must continue if we are to eliminate CONFERENCE REPORT COMPARED TO: 2002 and more than $7.7 billion 10 years property insurance discrimination na- Senate 302(b) allocation: from now. The total cost of renewing Budget authority ...... ¥2 ...... ¥2 all section 8 project-based and tenant- tionwide. Outlays ...... ¥1 ...... ¥1 President’s request: based assistance would grow from $9 Nothing is more central to the Amer- Budget authority ...... ¥1 ¥8,518 ...... ¥8,519 billion in fiscal year 1998 to as much as ican dream than owning your own Outlays ...... ¥480 ...... ¥480 House-passed bill: $18 billion in fiscal year 2002 without home. Millions of Americans work hard Budget authority ...... ¥1,376 ...... ¥1,376 policy changes. and play by the rules to reach that Outlays ...... ¥570 ...... ¥570 Senate-passed bill: Federally assisted and insured hous- goal. But if homeowners, or would-be Budget authority ...... ¥282 ...... ¥282 ing serves almost 1.6 million families Outlays ...... 274 ...... 274 homeowners, are redlined by insurance with an average annual income of companies, they are denied their Note: Details may not add to totals due to rounding. Totals adjusted for $7,000. About half of the households are consistency with current scorekeeping conversions. chance at the American dream. elderly or contain persons with disabil- The Fair Housing Act is the basic Mr. MACK. Mr. President, I want to ities. Many of these developments are protection against property-insurance congratulate the chairman of the VA- located in rural areas where no other discrimination. I will continue to do HUD Subcommittee, Senator BOND, for rental housing exists. Some of these everything in my power to ensure that crafting a measure that carefully bal- properties serve as anchors of neigh- homeowners and their families can ances a wide range of competing and borhoods where the economic stability continue to enjoy the protections of diverse interests. I believe this con- of the neighborhood is dependent on the Fair Housing Act and realize the ference report deserves the strong sup- the vitality of these properties. If the American dream free from discrimina- port of all Senators. project-based contracts are not re- tion. I am especially pleased that this bill newed, residents and communities contains legislation I introduced, along Mr. DOMENICI. Mr. President, I rise would be adversely affected. Further, with Senators D’AMATO, BOND, and in strong support of the conference most of the underlying FHA-insured BENNETT, and cosponsored by Senators agreement on H.R. 2158, the VA–HUD mortgages—with an unpaid principal DOMENICI, CHAFEE, FAIRCLOTH and appropriations bill for 1998. balance of $18 billion—will be forced GRAMS, to reform the Nation’s assisted into default. This bill provides new budget author- and insured multifamily housing port- The Banking Committee began its ity of $90.7 billion and new outlays of folio. It is unusual to have extensive examination of what is commonly re- $52.9 billion to finance operations of authorizing language in an appropria- ferred to as the ‘‘mark-to-market’’ the Departments of Veterans Affairs tion. However, title V of this bill, the issue more than 2 years ago. Since that and Housing and Urban Development, Multifamily Assisted Housing Reform time, we have received extensive input the Environmental Protection Agency, and Affordability Act, balances both from all of the potential stakeholders NASA, and other independent agencies. fiscal and public policy goals. It will in this issue, including residents, I congratulate the distinguished sub- save scarce Federal resources over both project managers, low-income advo- committee chairman and ranking the short and long term while pre- cates and project residents, State and member for producing a bill that is serving the affordability and avail- local interests, the financial commu- within the Subcommittee’s 302(b) allo- ability of decent and safe rental hous- nity, and HUD. cation. When outlays from prior-year ing for lower income households. The version of the bill we are consid- BA and other adjustments are taken About 20 years ago, the Federal Gov- ering today reflects negotiations with into account, the bill totals $89.9 bil- ernment encouraged private developers all parties that have occurred since its lion in BA and $100 billion in outlays. to construct affordable rental housing original introduction as S. 513 in The total bill is exactly at the Senate by providing mortgage insurance March. It is a consensus bill that helps subcommittee’s 302(b) nondefense allo- through the Federal Housing Adminis- to ensure that residents, communities cation for budget authority and out- tration [FHA] and rental housing as- and the Federal investment in the lays. The bill is under the Senate Sub- sistance through the Department of housing are protected at a cost we can committee’s defense allocation by $2 Housing and Urban Development’s afford. million in BA and by $1 million in out- [HUD] project-based section 8 program. At a Housing Subcommittee hearing lays. In addition, tax incentives for the de- in June, HUD Secretary Cuomo raised Further, I am pleased that the con- velopment of low-income housing were some administration concerns about S. ferees have produced a bill that largely provided through the tax code until 513. We have attempted to address is in accord with the budget agreement 1986. those concerns and provide a reason- HUD’s section 8 assisted and FHA-in- reached with the Administration ear- able degree of flexibility for HUD in its sured multifamily housing program has lier this year. overall administration of the mortgage created thousands of decent, safe and restructuring program and also to pro- Mr. President, I ask unanimous con- affordable housing properties. However, vide reasonable opportunities for the sent to have printed in the RECORD a the current program allows some own- use of tenant-based assistance after re- table displaying the Budget Committee ers to receive more—often far more structuring. I appreciate the coopera- scoring of the conference agreement on Federal dollars than necessary to tion of Secretary Cuomo in helping to H.R. 2158. maintain their properties. Further, a move this important legislation for- There being no objection, the mate- portion of the rental stock suffers from ward. rial was ordered to be printed in the poor management or has become phys- I want to thank Senator D’AMATO, RECORD, as follows: ically distressed. Thus, in some cases, chairman of the Banking Committee,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10743 for his ongoing, strong support for this the properties under mark-to-market, projects with minimal Federal involve- legislation. In addition, I appreciate as evident by the significant participa- ment. It is a sincere effort to reduce the support of Senators SARBANES and tion of public entities under HUD’s fis- the cost to the Federal Government KERRY. From the outset, mark-to-mar- cal 1997 mark-to-market demonstration while recognizing the needs of low-in- ket has been a bipartisan effort, and program. come families and communities those Senators have made invaluable Third, owners who clearly violate throughout the Nation. contributions to the final version of housing quality standards would no In closing, I want to commend Sen- the legislation. longer be tolerated. The bill screens ator BOND and his counterpart in the I want to touch briefly on some of out bad owners and managers and non- House, Congressman JERRY LEWIS, for the bill’s major provisions and the viable projects from the inventory and their cooperation in acting to avert a compromises that are reflected in the provides tougher and more effective en- potential section 8 contract renewal conference agreement. forcement tools that will minimize crisis. This is a bipartisan proposal First, the bill ‘‘marks’’ rents on over- fraud and abuse of FHA insurance and that both reduces unnecessary Federal subsidized properties to comparable assisted housing programs. expenditures and represents good and market rents or to 90 percent of area Fourth, the conference bill revises thoughtful Federal housing policy. fair market rents. The underlying the original version of S. 513, which REGULATION OF INSURANCE BY HUD mortgages would be restructured so had called for the exclusive use of Mr. BOND. Mr. President, the Senate they could be supported by the new project-based rental assistance after committee report on the fiscal year rents. In some cases, higher rents could restructuring. Under the conference 1997 VA/HUD appropriations bill re- be permitted if necessary to support agreement, project-based assistance garding HUD’s regulation of insurance proper operations and maintenance would be maintained on properties lo- stated that: costs. These exceptions are principally cated in markets where there is inad- The Committee intends that funds appro- intended to assure the continued via- equate available affordable housing priated to the fair housing initiatives pro- bility of projects, generally serving the and for those that predominantly serve gram for enforcement of title VIII of the elderly, located in rural areas. elderly or disabled populations. For the Civil Rights Act of 1968, as amended, which Second, the bill also recognizes that prohibits discrimination in the sale, rental, remaining inventory, PAE’s would be and financing of housing and in the provision HUD lacks the staffing capacity and provided the discretion of either main- of housing and in the provision of brokerage expertise to oversee effectively its taining project-based assistance or pro- services, be used only to address such forms portfolio of multifamily housing prop- viding tenant-based assistance. The of discrimination as they are explicitly iden- erties or to administer a debt restruc- PAE’s decision on the form of assist- tified and specifically described in title VIII. turing program. Accordingly, the bill ance would be based on factors related Recognizing that there are limited resources would transfer the functions and re- to the local market, the stability of available for FHIP activities, the Committee sponsibilities of the restructuring pro- believes that FHIP funds should serve the the project, resident choice, and the purposes of Congress as reflected in the ex- gram to capable third parties, pref- impact on the community. This deci- press language of title VIII. erably State and local housing finance sion would only be made after con- The Committee notes that HUD’s Office of agencies, who would act as partici- sultation with affected owners and ap- Fair Housing and Equal Opportunity has un- pating administrative entities [PAE’s] propriate public officials, and signifi- dertaken a variety of activities pertaining to in managing this program. cant participation by affected resi- property insurance under the authority of The language concerning third par- dents. the Fair Housing Act. HUD recently testified ties has been modified from its original that, due to congressional concern about Fifth, the conference agreement es- such activities, it does not intend to focus form partially in order to accommo- tablishes a new Office of Multifamily its regulatory initiatives on property insur- date concerns raised by the administra- Housing Assistance Restructuring, ance. The Committee is encouraged by this tion. These changes will increase headed by a Presidentially appointed statement, but remains concerned about HUD’s flexibility to partner with a va- Director, within HUD to oversee the re- HUD’s use of funds for other fair housing ac- riety of public, nonprofit, and for-profit structuring process. The bill makes it tivities aimed at property insurance prac- entities that have expertise in afford- clear that the Director will be answer- tices. HUD’s insurance-related activities dupli- able housing, while also providing an able and be accountable to the Sec- cate State regulation of insurance. Every exclusive time period for applications retary, but will free of undue Secre- State and the District of Columbia have laws submitted by publicly accountable en- tarial interference in the conduct and and regulations addressing unfair discrimi- tities. decisionmaking of the office. nation in property insurance and are ac- Under the revised language, public Last, the bill provides tools to re- tively investigating and addressing discrimi- entities—State and local housing fi- capitalize the assisted stock that suf- nation where it is found to occur. HUD’s ac- nance agencies [HFA’s]—would be fers from deferred maintenance. It pro- tivities in this area create an unwarranted given an exclusive time period to sub- vides the opportunity for tenants, local and unnecessary layer of Federal bureauc- racy. mit proposals to serve as PAE’s. Cri- governments and the community in The Fair Housing Act makes no mention of teria for the selection of PAE’s would which the project is located to partici- discrimination in property insurance. More- be based on the applicant’s dem- pate in the restructuring process in a over, neither it nor its legislative history onstrated experience and expertise in meaningful way. Residents would also suggests that Congress intended it to apply multifamily financing and restruc- be empowered through opportunities to to the provision of property insurance. In- turing and the capacity to work with purchase properties. deed, Congress’ intention, as expressly stated low-income residents and communities. Mr. President, I would like to empha- in the McCarran-Ferguson Act of 1945 and re- Further, selection would be based on size how important it is that we are ad- peatedly reaffirmed thereafter, is that, un- less a Federal law specifically relates to the the PAE’s ability to perform the port- dressing this issue this year. Delays business of insurance, that law shall not folio restructuring in a timely, effi- will only harm the assisted housing apply where it would interfere with State in- cient, and cost-effective manner. I stock, its residents and communities, surance regulation. HUD’s assertion of au- would like to emphasize that the Sec- and the financial stability of the FHA thority regarding property insurance con- retary would be required to select insurance funds. I would add that, as tradicts this statutory mandate. housing finance agencies as PAE’s if we face an explosion in the cost of sec- Near-identical language was con- they meet the selection criteria. tion 8 contract renewals, we cannot af- tained in the House Committee report I strongly believe that, based on the ford to pay more than is reasonable to on the fiscal year 1997 appropriations housing finance agencies’ track records renew expiring contracts. bill. Both reports make it clear that and mission that they are by far the This legislation will protect the Fed- Congress does not intend for HUD to most viable entities to carry out the eral Government’s investment in as- use any fiscal year 1997 FHIP funds for responsibilities under this program and sisted housing and ensure that partici- activities targeted toward the regula- to balance the financial and social pol- pating administrative entities are held tion and practices of insurance compa- icy goals of the bill. Accordingly, it is accountable for their activities. It is nies. my expectation that State and local also our goal that this process will en- Nevertheless, on September 30, 1997, HFA’s would be responsible for most of sure the long-term viability of these HUD announced 67 awards of fiscal

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10744 CONGRESSIONAL RECORD — SENATE October 9, 1997 year 1997 grants under the FHIP. Out of Secretary Cuomo called the biggest Similarly, the ongoing oversight of the total of $15,000,000 in funds award- crisis facing HUD—the problem of over- the projects after restructuring is com- ed, HUD announced that almost one subsidized section 8 projects that are pleted will be in the hands of HUD or third, an amount of $4,170,002, was threatened with default when their State or local HFA’s. The important awarded for activities including inves- rental assistance contracts expire in point here is that public funds continue tigations, testing, and other enforce- the next few years. The problem is to be at risk; therefore, public agencies ment-related projects specifically tar- truly huge: up to 10,000 projects serving must take the responsibility for ensur- geting insurance companies. This is in about 1.6 million families, including ing their safety. contradiction of the intent expressed in hundreds of thousands of elderly and To further ensure that HFA’s are both the House and Senate Committee disabled families, were facing possible chosen to be the PAE’s, I urge HFA’s to reports on HUD’s fiscal year 1997 appro- default. This would have resulted in strengthen their applications by cre- priations. I am very concerned about billions of dollars of losses to the ating partnerships with other experi- the improper use of these limited and American taxpayer through the FHA enced parties to strengthen their appli- precious resources in a manner incon- fund, and would have led to the out- cations. Such partners would include sistent with the law and urge HUD to right loss or slow deterioration of in- community-based non-profits, resi- revisit these grants to ensure all creasingly scarce affordable housing. dents groups, financial and other rel- awards are consistent with the intent Mr. President, the mark-to-market evant experts. of Congress. legislation—Title V of the appropria- Mr. President, I want to emphasize Mr. KERRY. Mr. President, I rise in tions bill—will allow HUD, primarily that the overriding, primary goal of support of the VA–HUD conference re- through State and local partners, to this legislation is to preserve afford- port. This bill funds many programs start pushing down excess rents to sup- able housing for the long term. As a re- that are crucial to the Nation’s eco- portable market levels while providing sult, we expect the PAE’s to continue nomic vitality. For example, the fund- funds to rehabilitate those properties to provide project-based assistance ex- ing for the National Institutes of that need capital investments. The bill cept in certain rare circumstances. The Health and the National Science Foun- will eliminate bad owners from the bill provides for the final decision to be dation contained in this bill both ex- program. In such cases, the legislation taken only after consultation with pands our basic knowledge and helps encourages HUD or the PAE’s to trans- residents and owners of the projects, promote small, innovative businesses fer these properties to new ownership, local government officials, and other that create well-paying jobs through- preferably to community-based non- affected parties. Moreover, the PAE out the country. profits. must take into consideration the avail- This bill also provides the funds that Most importantly, Mr. President, ability of other affordable housing in support important environmental pro- this legislation will help preserve hun- the area, the ability of tenants to use grams, and, of course, allows us to keep dreds of thousands of units of afford- vouchers successfully, the financial faith with America’s veterans by pro- able housing for the foreseeable future. stability of the project, and other fac- viding them with the health care they As I noted, we are seeing an overall re- tors which, when taken as a whole, have earned, in some cases at great duction in the commitment to afford- would lead a PAE to conclude that personal cost. This bill also funds the Department able housing by the Federal Govern- project-based assistance continues to of Housing and Urban Development. ment. The legislation we are passing be the best choice in most cases. Mr. President, the legislation creates These funds will help families strug- today represents an important excep- an office within HUD to oversee the re- gling to attain the dream of home own- tion to that disturbing trend. The clear structuring process called the ‘‘Office ership or simply to find or maintain af- and resounding intent of this bill is to of Multifamily Housing Assistance and fordable rental housing. It provides preserve and improve this important funds for homeless programs, programs stock of affordable housing. I applaud Restructuring’’ [OMHAR]. The Direc- that provide both shelter and the sup- my colleagues and the Secretary for tor of this office will be appointed by portive services that are so important embracing this goal, and I whole- the President and subject to Senate in the effort to stabilize the lives of heartedly support it. confirmation. The Director will work these most unfortunate Americans and In implementing this legislation, under the Secretary, subject to the create opportunities for self-suffi- HUD will most often do the restruc- Secretary’s direction and oversight. ciency. turing through a participating admin- Section 573(d)(2) of the bill gives the I commend Chairman BOND and the istrative entity, or PAE. We expect Director the authority to report di- ranking member, Senator MIKULSKI, that State or local housing finance rectly to the Congress, in certain cir- for their efforts to serve so many im- agencies, because of their experience cumstances, when the Director deter- portant needs with so little money. In with the financing and management of mines, in his discretion, such a report fact, Mr. President, while I support assisted housing, and their commit- would be appropriate. this legislation, I must point out that ment to the long-term preservation of Mr. President, let me reiterate a housing programs continue to suffer in affordable housing, will typically be point also made by my colleagues re- our Nation’s budget. Homeless pro- the PAE. garding tenant participation in the re- grams continue to be funded at levels At the same time, we gave the Sec- structuring process. It is our clear in- more than 25 percent below 1995 levels. retary the discretion to choose the tent that HUD and the PAE’s work We ask more from public housing au- PAE. There will be thousands of with tenants in a meaningful and effec- thorities every day, but provide no projects and hundreds of thousands of tive way with regards to all aspects of more resources to them to do the job. units that will have to go through the the restructuring process. This means We are facing an increasing housing restructuring process. In order to get timely access to relevant information, crisis in America, but with decreasing this done in a timely and cost-effective adequate time to analyze such informa- resources, and that is an issue that we way, the Secretary may have to reach tion, the right to meet with the PAE, must, eventually, confront. out to more than one entity in a given and the right to be included in physical I specifically appreciate the willing- area, or HUD may decide to do some of inspections of the property, capital ness of Senators BOND and MIKULSKI to the restructurings itself. needs assessments, proposals to trans- work with me, Senator D’AMATO, Sen- It is important to point out that the fer the property, and other decisions ator MACK, and Senator SARBANES to legislation requires that crucial deci- that have significant impacts on the include in this conference report im- sions regarding the long-term disposi- residents. portant legislation commonly known tion of the property such as, for exam- Finally, I want to point out that this as the Mark-to-Market [MTM] legisla- ple, whether the assistance is to re- bill also includes important provisions tion. Senator MACK, in particular, de- main project-based or, in a few cases, regarding the renewal of other section serves special mention for his efforts to may be turned into tenant-based, shall 8 contracts. These provisions authorize get this legislation passed. be made by a public agency with a pub- HUD to renew contracts on high-value Passage of the MTM legislation is the lic mission whose interest is to pre- properties that do not need to go first step in solving the problem that serve affordable housing. through the restructuring process at

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10745 comparable market rents. The Con- housing finance agencies [HFA’s] to For example, the legislation requires gress expects HUD to exercise this dis- implement the fiscal year 1997 MTM that elderly and disabled housing cretion so as to avoid displacement of demonstration, which was based on the projects and housing in tight rental current tenants and, whenever pos- legislation in the current appropria- markets continue to receive project- sible, consistent with the purposes of tions bill. The experience HFA’s have based section 8 assistance. in restructuring section 8 as a result of this title, to preserve the housing for It is the clear intent of the Congress the long term. their participation in the demonstra- that we preserve the existing section 8 In conclusion, Mr. President, I tion, or in restructuring equivalent strongly support the MTM provisions properties, along with their experience project-based portfolio of affordable in the VA–HUD conference report. in FHA risk sharing, overseeing low-in- housing to the greatest extent possible. They will be essential in restoring this come housing tax credit deals, mort- To do this effectively, we expect the valuable housing resource to sound fi- gage revenue bond deals, and in under- PAE’s to continue to provide project- nancial and physical condition. writing and managing market rate and based assistance except in certain rare Mr. SARBANES. Mr. President, I rise assisted low-income multifamily hous- circumstances. The bill provides for in support of the VA-HUD conference ing, clearly makes the HFA’s the most the final decision to be taken only report. This bill funds many important qualified candidates to be chosen as the after consultation with owners, resi- programs, programs that are crucial to PAE in most cases. In addition to all dents of the projects, local government America’s veterans and to poor and these financial engineering and man- officials, and other affected parties. working families struggling to attain agement qualifications, the legislation Moreover, the PAE must take into con- the dream of home ownership or simply requires the use of highly qualified sideration the availability of other af- to find affordable rental housing. It HFA’s because these public agencies fordable housing in the area, the abil- will help ensure our Nation’s environ- have a public purpose and share with ity of tenants to use vouchers success- mental vitality, our Nation’s health the Congress the commitment to pre- fully, the financial stability of the and scientific progress. The bill will serve these projects as low-income project, and other factors which, when maintain our commitment to the ex- housing far into the future. This factor taken as a whole, would lead a PAE to ploration of space. I commend the was paramount in the decision to give conclude that project-based assistance chairman, Senator BOND, and my good the HFA’s such a prominent role in the continues to be the best choice in most friend and colleague from Maryland, MTM process. cases. the ranking member, Senator MIKULSKI At the same time, we gave the Sec- for their hard work to serve so many retary the discretion to make the final Mr. President, in the course of the important needs with an ever-shrink- choice of PAE because we did not want final negotiations to include the MTM ing pot of money. the Secretary to be required to choose legislation in the appropriations con- I also appreciate their willingness to an unqualified housing finance agency ference report, it was agreed to create work with me, Senator D’AMATO, Sen- to be a PAE. There will be thousands of an office within HUD to oversee the re- ator MACK, and Senator KERRY to in- projects and hundreds of thousands of structuring process. The office, called clude in this report important legisla- units that will have to go through the the Office of Multifamily Housing As- tion designed to restructure HUD’s restructuring process. In order to get sistance and Restructuring [OMHAR] portfolio of FHA-insured, assisted this done in a timely and cost-effective will have a director that is appointed housing. This legislation is commonly way, the Secretary may have to reach by the President and subject to Senate known as the mark-to-market (MTM) out to more than one entity in a given confirmation. The Congress clearly in- legislation. Senator MACK, in par- area, or HUD may decide to do the tends, as the legislation language ticular, deserves credit for his tireless restructurings itself. In all cases, how- states, that the Director will work efforts to have this legislation included ever, the crucial decisions that have under the Secretary, subject to the in the VA-HUD appropriations bill and major impacts on the residents, the Secretary’s direction and oversight. for his willingness to work with the ad- projects, or their surrounding commu- Section 573(d)(2) of the bill gives the ministration and the House authorizers nities, such as, for example, whether Director the authority to report di- to craft this final consensus. Again, I the assistance is to remain project- rectly to the Congress, in certain cir- thank Senators BOND and MIKULSKI for based or, in a few cases, may be turned cumstances, when the Director deter- their partnership in this important into tenant-based, shall be made by a mines, in his discretion, such a report achievement. public agency with a public mission would be appropriate. Mr. President, the mark-to-market whose interest is to preserve affordable Finally, Mr. President, let me reit- legislation—title V of the appropria- housing. tions bill—will save the American tax- In addition, the ongoing oversight of erate a point also made by my col- payers billions of dollars. It will allow the projects, after restructuring is leagues regarding tenant participation HUD, primarily through State and completed, will have to be in the hands in the restructuring process. It is our local partners, to squeeze excess rents of the public. This requirement can be clear intent that HUD and the PAE’s down to supportable market levels. It satisfied by HUD doing the contract work with tenants in a meaningful and will provide for funds to rehabilitate monitoring and oversight, or by con- effective way with regard to all aspects those properties that need capital in- tracting this function out to a State or of the restructuring process. This vestments. It will eliminate bad owners local HFA. Again, this is a public trust, means timely access to relevant infor- from the program. Most importantly, and the legislation requires that a pub- mation, adequate time to analyze such Mr. President, this legislation will help lic agency carry it out. information, the right to meet with the preserve hundreds of thousands of units The Congress clearly expects HFA’s PAE, and the right to be included in of affordable housing for the foresee- who seek the role of PAE to strengthen physical inspections of the property, able future. At a time when we are cut- their applications by reaching out to capital needs assessments, proposals to ting back on the Federal commitment other experienced parties, particularly transfer the property, and other deci- to build new affordable housing while non-profits with experience in real es- sions that have significant impacts on simultaneously facing growing needs tate development and/or management the residents. for such housing, the long-term com- and with deep roots in their commu- In conclusion, Mr. President, I mitment established by this legislation nities, to develop partnerships. In addi- strongly support the MTM provisions is truly a landmark achievement. tion, PAE’s may want to find financial in the VA-HUD conference report, In implementing this legislation, and other relevant experts to ensure HUD will most often do the restruc- thank my colleagues for their hard that they present the best possible ap- work, and look forward to seeing this turing through a participating admin- plication to the Secretary. istrative entity, or PAE. The legisla- Mr. President, tenants, owners, important Federal resource restored to tion clearly indicates that we expect HFA’s, HUD, and the Congress all agree sound financial and physical condition. that, with some exceptions, State or that the majority of the portfolio of af- Mr. BOND. Mr. President, a number local housing finance agencies will act fordable housing that will go through of items in the conference report or as the PAE. In fact, HUD has signed 14 the MTM process should continue to statement of the managers require fur- management contracts with State have project-based section 8 assistance. ther clarification or correction due to

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE October 9, 1997 printers’ errors. The items are as fol- express my support for the steps the and Lakota Homes in western South lows: conferees have taken to address a seri- Dakota, this is not an option. Housing Within the housing certificate fund, ous and pressing issue facing low in- at every level of affordability is ex- the legislation requires HUD to provide come housing assistance in this coun- tremely scarce in my rural State. After enhanced or sticky vouchers to resi- try. raising families in these homes, senior dents to prevent displacement where Since its inception, the HUD section citizen couples living in two- or three- an owner of a property chooses to pre- 8 housing program has provided rental bedroom homes have been told that assistance for low-income individuals pay the outstanding indebtedness they would have to downsize to one- under a preservation mortgage (which through project-based contracts as well bedroom homes. However, at the prepayment can now be authorized at as vouchers which help to preserve low Northgate and Lakota developments, the option of a property owner). These income housing availability. This con- enhanced vouchers, including those ference report not only includes fund- there are no one bedroom options. Thus provided in prior years, are not just for ing for the renewal of section 8 con- these individuals and families have the first year after prepayment but tracts, but contains the extremely im- feared displacement into the sur- must renewed for each subsequent year portant mark-to-market contract re- rounding area, with great uncertainty so long as the assisted family con- structuring program which, beginning about their futures. I have been in- tinues to live in the property. in 1999, will preserve affordable housing formed by city officials that the low- Within the $32 million for section 107 for millions of low-income tenants income housing stock currently avail- grants under the CDBG Program, $4 while saving the taxpayers billions able is inadequate to absorb the extra million for technical assistance, $7.5 over time as well. I want to commend burden of these individuals and fami- million for the Community Outreach my Banking Committee colleagues, lies forced from their section 8-sub- Program, $6.5 million for Historically particularly Senator MACK who au- sidized homes and complexes. Black Colleges and Universities, $6.5 thored the initial section 8 restruc- Already, many elderly and disabled million for Community Development turing bill, for their tireless efforts to couples and individuals have left the Work Study, with a $3 million set-aside insure that this restructuring program developments over uncertainty about for Hispanic-serving institutions, $7 was accepted. their homes. They are leaving behind million for insular areas, and $500 thou- Nationwide, section 8 contracts cov- years of improvements they made in sand for the National Center for the ering 1.8 million assisted units are ex- their homes, as well as the cherished Revitalization of Central Cities. pected to expire in fiscal year 1998. The memories of raising families in these mark-to-market program is a mort- Within the Economic Development communities. They have been forced Initiative grants, there is a grant to gage and rent restructuring program to out because of confusion and expiring Arab, AL. The statement inadvertently reduce the costs of over-subsidized sec- contracts. refers to Arab, IL. tion 8 multifamily housing properties Within the Economic Development insured through the FHA. Under this People like Hazel Holmes of Sturgis, Initiative grants, the grant to the city restructuring program, FHA insured SD, who raised her family in a small of Jackson, MS, should be used for the properties with above market rents are two-bedroom home at Northgate Com- acquisition and rehabilitation of facili- eligible for debt restructuring to bring munity Homes have been threatened by ties and related improvements for a the rent levels in line with market rate uncertainty. Hazel’s husband died al- downtown multimodal transit center in rent levels, or the project-based rents most 10 years ago and she has contin- the city of Jackson. This project was needed to support operation and main- ued to live independently in her home. incorrectly identified in the statement tenance of the housing facilities. The With the expiring section 8 contract, of managers. bill directs the HUD Secretary to work she became very worried—like her In addition, with respect to EDI, the with State and local housing entities neighbors—that she would be forced to intent of the conferees is for HUD to to reduce expiring section 8 contract leave her home and the neighbors she use the maximum flexibility in funding costs, address troubled projects, and cherished. Couples like Ruth and Carl the specified EDI grants in the state- correct management and ownership de- Kittleman and Ralph and Dorothy ment of managers. HUD is not expected ficiencies. Iverson have already moved from to establish special requirements but Because Congress has been unsuc- Northgate due to inaction and confu- should work with the entities specified cessful in past attempts to move the sion over this issue. Others fret on a in each grant to ensure that activities type of section 8 overhaul necessary for daily basis about their futures. Seniors can be funded and completed in an ex- the preservation of low-income housing peditious manner. assistance in this climate of budget like Chuck Alberts have persevered Within the Superfund research appro- cuts, HUD has been renewing all longer each day with the pressure and stress priation, there is a $2.5 million appro- term expiring Section 8 contracts with of having his beloved wife Bev in a priation for the Gulf Coast Hazardous quick-fix, 1-year contracts. The short- nursing home. He should not have the Substance Research Center. This item term renewals have led to confusion added worry about whether he will be was included in both the House and and fear among recipients of housing able to stay in his home. Senate versions of the bill but not ex- assistance in my State and across the These are just a few examples of the pressly identified in the statement of country. serious section 8 scare that recipients the managers. Many assisted housing residents in of low-income housing assistance have Within NASA Science, Aeronautics South Dakota have been worried for faced in my State. I am extremely and Technology is a $2 million appro- several months as to whether they will thankful that throughout consider- priation for the Bishop Museum in continue to have a roof over their ation of the section 8 restructuring Honolulu, HI. This item was included heads in the coming year. As these proposal my colleagues took special in the Senate version of the bill, and residents received notice of expiring notice of the unique needs of rural the House receded to the Senate in con- short-term and long-term section 8 housing contract restructuring. Be- ference, but it was inadvertently not contracts, families were concerned cause of continued pressure from my- included in the statement of the man- they would be forced from their homes. self and other rural members, the agers. Some of these families have spent half mark-to-market proposal contains lan- Mr. JOHNSON. Mr. President, I rise their lives in these homes. Many of today to express my strong support for these residents are senior citizens. guage for a more flexible approach to the conference report on the fiscal year Many are widows and widowers. Many determining market rents in rural 1998 appropriations for VA, HUD and are disabled. These residents were told communities—communities where related agencies. While this bill con- that unless Congress acted, they may market is difficult to determine, where tinues to focus on the commitments be forced from their two-, three-, and the project in need of contract restruc- this Nation has made to our veterans, four-bedroom homes or one- and- two- turing might be the only market for and provides for the important sci- bedroom apartments and displaced into hundreds of miles. The broadened defi- entific and environmental protection smaller sized units or homes. nition of market included in this bill priorities that the administration has For many residents in communities will help to insure appropriate restruc- put forth, I want to take a moment to such as Northgate Community Homes turing throughout my State.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10747 In rural South Dakota, the 244 included in the VA–HUD conference re- many veterans who presently cannot project-based section 8 contracts pro- port regarding the health care needs of access the VA system. The new out- vide 6113 housing units, primarily for Northern California’s veterans. The patient clinics and additional hospital elderly South Dakotans. With full conference report provides a total of beds will make it far easier for vet- funding up to $8.2 billion provided $70.8 million for renovations to the ex- erans in Northern California to benefit through the fiscal year 1998 VA HUD isting McClellan Air Force Hospital at from the VA health system. For the bill, 1070 housing units up for renewal Mather Air Force Base in Sacramento, first time, vets living along the North in South Dakota in the immediate fu- as well as for outpatient clinics in Coast and in the Sierra will have real ture will continue to receive section 8 Fairfield, Mare Island, Martinez, Au- and meaningful access to the VA. They rental assistance. This volume pales in burn, Chico, Eureka, and Merced. While will not have to drive for 4 hours or comparison to the hundreds of thou- I applaud this much-needed expansion more for basic care. Their visits to the sands of section 8 housing units in of services in Northern California, I re- five new VA outpatient clinics will un- jeopardy in states like New York and main deeply disappointed by Congress’ doubtedly result in higher utilization Illinois, and I appreciate my col- decision not to build a veterans hos- of the VA inpatient facilities at Travis leagues’ continued sensitivity for pital at Travis Air Force Base. and Mather Air Force Bases. awareness of the unique needs of rural Since 1991, veterans in Northern Cali- I know that the people of Solano States. fornia have been waiting for a new hos- County have a lot of unanswered ques- Additionally, I commend my col- pital to replace the Martinez hospital, tions about the VA proposal, and I leagues for relying on the qualified ex- which was closed for seismic reasons. I pledge that I will work with them to isting State housing finance agencies made a commitment with Vice Presi- make sure that VA offers the high for the administration of contract re- dent GORE to help bring a full veterans quality and accessibility of care that structuring, and on local housing enti- hospital to Fairfield, and I have been our veterans deserve. I am sure that ties for management and planning de- fighting for 4 years to get this project groups like Operation VA will continue cisions, both subject to the approval of fully funded. Two previous Congresses to fight for improved veterans health the HUD Secretary. With public input appropriated funding to construct the care in Northern California, and I am at every level, HUD will be able to Travis VA Hospital. proud to join in that fight. reign in excessive subsidies to appro- Now, unfortunately, we are turning Mr. KERRY. Mr. President, as the priate levels so that our Federal hous- our back on that commitment. It is ranking Democratic member of the ing assistance funds go further, and truly a sad day when the men and Housing subcommittee, I spoke earlier maintain assistance for low-income in- women who have served our country today about very significant housing dividuals for the long term. While the without question—and who have the provisions in the VA-HUD conference majority of current project-based Sec- right to expect their government to agreement. I would like now to address tion 8 will remain available, local com- fulfill its promises—are simply told some other components of this legisla- munities will be involved in deter- ‘‘tough luck.’’ tion which I believe to be very impor- mining whether tenant-based assist- The fact is that a clear majority in tant to the Commonwealth of Massa- ance is more practical in certain com- Congress oppose the hospital’s con- chusetts and the nation. munities. This freedom at the local struction. This opposition has only Mr. President, I appreciate the hard level is important, yet I applaud my grown stronger after two independent work of the Chairman of the VA-HUD colleagues for including distinct pro- reports—one by the General Account- appropriations subcommittee, Senator tection for elderly and disabled ing Office and one by Price BOND, and the ranking member, Sen- project-based assistance, which will Waterhouse—concluded that the Travis ator MIKULSKI, in crafting a bill which eliminate the type of fear and uncer- VA hospital was not justified. Key gives such serious consideration to the tainty that seniors in my state have Committee chairmen in both the House needs of the people of Massachusetts. been subject to in recent years. and Senate have made it clear that Mr. President, the subcommittee has Without the commitment to fund Congress will provide no Federal funds allocated $50 million for the clean-up of section 8 for the coming year, and the for a replacement hospital at Travis. Boston Harbor, a modest sum given the inclusion of the mark-to-market re- The VA–HUD conference report does magnitude of the challenge and the structuring program, cuts in other pro- appropriate $70.8 million for veterans’ scope and cost of the clean-up project. grams for the elderly and disabled, and health care needs in Northern Cali- While the residents of Boston continue for preserving available low-income fornia, including: to face rising water and sewer rates, housing would be required. By address- A sharing agreement between VA and these rates are not nearly as high as ing section 8 restructuring and pro- the Department of Defense for 100 VA they would be without the assistance viding adequate funding, this bill reaf- beds at David Grant Medical Center at of the federal government. The Boston firms the Congress’ long term commit- Travis. These beds will be serviced by Harbor clean-up project construction ment to low-income housing assist- VA doctors. will be completed in the next two ance. A new $13.5 million VA clinic, to be years. Federal assistance in these two HUD and the States have a daunting built adjacent to David Grant Medical remaining years will be crucial to rate- task ahead, as thousand of projects Center. This clinic will include emer- payers in the 43 greater Boston area under contract throughout the country gency room facilities, ambulatory sur- communities who must shoulder most are pending restructuring. In all cases, gery, mental health, some specialty of the burden of the $3.5 billion project, I am confident that the involvement services, and offices for doctors. which also includes the $2 billion re- and participation of local ad State Conversion of McClellan Hospital at quired for combined sewer overflows housing interests at every level will Mather Air Force Base to a VA Hos- (CSOs) and other water infrastructure protect the public interest, and all af- pital. This will provide 55 new VA beds. upgrades. fected parties, including tenants, will Upgrades to the VA outpatient clin- The President s fiscal year 1998 budg- have a voice in the future of low-in- ics at Mare Island and Martinez. et provided $200 million over the next come housing assistance. New outpatient clinics in Auburn, two years for the Boston Harbor clean- Again, I commend my colleagues for Chico, Eureka and Merced. up—which we anticipate will be the including the section 8 restructuring Contracts with community hospitals last increment of funding assistance program in the fiscal year 1998 VA, in Martinez and Redding. needed from the federal government for HUD appropriations bill, and I look for- While this plan does not fulfill the this important infrastructure project. ward to working toward continued se- promise that the VA made to Solano Even if this amount is forthcoming, curity for low-income housing in the County veterans and does not establish the federal share of the Boston Harbor coming years. the hospital that veterans groups like clean-up project still will be well below FUNDING FOR THE HEALTH CARE NEEDS OF Operation VA fought so hard for so the federal share provided for many VETERANS IN NORTHERN CALIFORNIA long to obtain, when examined in light other clean water projects across the Mrs. FEINSTEIN. Mr. President, I of the position of current congressional country, and is certainly well below rise today to weigh in on the provisions leaders, it does provide health care for the full federal funding called for by

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE October 9, 1997 Congress when it passed the Unfunded Service distribution facility that was support for CDBG and HOME even as Mandates Act in 1995. purchased by Springfield, in 1986 and is other federal programs are being cut The Massachusetts Water Resources now vacant. This building will make an back. The conference agreement does, Authority (MWRA), which is in charge ideal site for consolidated public works in fact, include those amounts for the of the Harbor cleanup, has continually operations that are currently scattered two programs, but I am concerned be- worked to reduce project costs. Last among several inadequate facilities, in- cause Congressional set-asides will be year, Mr. President, the EPA approved cluding a condemned yard and a make- deducted from those levels. I will con- a revised CSO plan developed by the shift garage in a different town. These tinue to support additional funding for MWRA, with assistance from the state deficiencies take a serious toll on city- both CDBG and HOME in future appro- Department of Environmental Protec- owned public works equipment, em- priations bills. tion and local communities, which is ployee morale and efficiencies of city Mr. President, in total, this con- estimated to save ratepayers nearly services. The renovation will create 300 ference report is a laudable effort by one billion dollars. construction jobs in an area that has the subcommittee and especially its During the early 1990s, under the past been hard-hit by an economic down- Chairman and ranking member, espe- two Administrations—one Republican turn and defense cut-backs. cially as they continue to struggle and one Democratic—the federal gov- Mr. President, among the important with the imperative to achieve signifi- ernment provided $100 million per year national program in this conference re- cant spending reductions resulting to assist the citizens of the greater port, several are of particular interest from the balanced budget the Congress Boston area with this project. In FY to me. YouthBuild, which is funded at approved earlier this year. I appreciate 1996, although the President requested $35 million in this conference agree- their consideration for the interests of $100 million and I supported his re- ment for fiscal year 1998, is an ex- the people of Massachusetts, and am quest, Congress appropriated only $50 tremely worthwhile program and a pleased to support this agreement. million for the cleanup of Boston Har- demonstrated success. YouthBuild pro- Mr. REED. Mr. President, I rise to bor. For FY 1997, while the President grams around the country have been express my support for the VA–HUD again requested $100 million, the Con- providing disadvantaged young people Conference Report and to commend the gress appropriated $75 million as the with the opportunity to finish their conferees for their work in resolving a federal share. All federal assistance is education while also providing leader- number of contentious issues with the needed and appreciated, so in that re- ship training and job skills through House. spect, I and the people of the Boston work on projects producing affordable First, I would like to commend the area are grateful for the $50 million housing. I am pleased that the con- conferees for providing adequate fund- contained in this year’s VA/HUD bill. ference report recognizes the need to ing to renew all expiring section 8 con- Nonetheless, we are disappointed the continue and fund this program. I hope tracts. In my State of Rhode Island, it Congress, again, did not provide the that next year, the amount of funding is expected that section 8 contracts on amount contained in the President’s provided for it will be much closer to 4000 units will expire in fiscal year 1998, budget. the $70 million 48 other Senators joined and I am pleased that this bill will en- I am extremely pleased that the con- me in requesting for fiscal year 1998 in sure that all of these contracts are re- ference report includes $3 million for order to enable establishment of newed. water projects for Bristol County, Mas- YouthBuild programs in communities I would also like to commend the sachusetts. This amount is the same as around the country where there cur- conferees on their successful effort to the President’s fiscal year 1998 budget rently is no program. include the section 8 mark-to-market request and will continue the support Another important national program reforms in the conference report. The which the Committee provided in the in the conference report is the Housing Senate Banking Committee passed a past two years. Both Fall River and Opportunities for People With AIDS mark-to-market bill in June that was New Bedford, two major cities in Bris- program, which is the heart of the fed- initially attached to the balanced tol County, are implementing court-or- eral housing response for people living budget legislation, but was subse- dered construction under the Clean with HIV/AIDS. I am pleased that quently dropped in conference. Water Act that will cost hundreds of HOPWA is funded at $204 million for The significance of inclusion of the millions of dollars. These urban indus- fiscal year 1998. Mr. President, ninety mark-to-market reforms in the con- trial communities continue to be bur- percent of the HOPWA funds are dis- ference report cannot be overstated be- dened by high unemployment and an tributed by formula grants to states cause these reforms address an increas- ongoing recession. and localities hit hardest by the AIDS ingly serious problem, which, if left un- In addition, Mr. President, I am de- epidemic; these states and localities corrected, will threaten the future via- lighted the conference report includes control the use of these funds. Commu- bility of the section 8 program. The a $1.7 million appropriation for water nities may use HOPWA funds to meet problem I am referring to is the pro- projects in the South Essex Sewage whatever housing needs they may jected increase in section 8 costs as the District and surrounding communities have, from providing short-term sup- number of expiring section 8 contracts such as Lynn, Gloucester and else- portive housing or rental assistance for increases in coming years. In fiscal where. These communities are strug- low-income persons with HIV/AIDS to year 1997, approximately $3.6 was pro- gling with the prospect of incurring ob- building community residences or pro- vided to renew expiring contracts. ligations from $12,000 to $22,000 per viding coordinated home care services. However, absent mark-to-market re- household to come into compliance Finally, Mr. President, the Commu- forms, the costs of renewing expiring with current clean water regulations. nity Development Block Grant (CDBG) section 8 contracts is expected to in- Despite successful efforts to control program and the HOME investment crease to $9 billion in fiscal year 1998, costs, the projected costs are still huge partnership program are arguably the and to $18 billion in fiscal year 2002. and growing in the South Essex Sewage most important federal programs for The reforms included in this bill ad- District: In 1993 the projected costs addressing the economic development dress this issue by enabling landlords were $12.6 million and now, for 1998, the and affordable housing needs of our na- of section 8 properties to restructure projected costs are estimated at $29 tion’s communities. I strongly urged their mortgage contracts, which will million. Federal assistance is critical the conferees to provide funding for reduce the escalating costs of the sec- to ease the burden of compliance on both programs at levels at least equal tion 8 program. The reforms will also these communities and to further the to the FY 1996 appropriation of $4.6 bil- reduce the subsidy levels that HUD national goal of protecting our envi- lion for CDBG and $1.5 billion for pays to landlords for section 8 assist- ronment. HOME in addition to any Congressional ance. Because of the high costs to build Mr. President, the conference report set-asides. Both programs share the many of these section 8 properties, also includes funding of $2 million for important feature of providing local HUD has been forced in many cases to the Tapley Street project in Spring- flexibility within broad federal goals pay subsidies that are in excess of 120 field, Massachusetts, which involves and purposes. The success of both pro- percent of fair market rent. In fact, a renovation of a former U.S. Postal grams merits continued strong federal recent study found that 75 percent of

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10749 HUD’s newer assisted housing projects great degree of uncertainty among ten- nities, to environmental preservation had rents above fair market rent, and ants of section 8 housing who are being and remediation, and for other impor- that 50 percent of this housing had notified annually by HUD that they tant Government functions. The con- rents greater that 120 percent of fair may not have housing if Congress fails ferees have done an excellent job of market rent. I am pleased that this bill to provide section 8 funding. In a meet- crafting a bill that is balanced and fair, will address this problem by reducing ing with constituents, I was informed while staying within the budgetary al- rents to below fair market rents, or that some seniors who are residents of locations for these programs. fair market rents for most section 8 section 8 housing have suffered strokes However, once again, I must high- housing. These changes will produce and other ailments after being notified light the myriad of programs that are $500 million in savings for taxpayers. that their housing was in jeopardy if included in this conference agreement Also, the mark-to-market provisions Congress failed to appropriate funding that were not considered in the normal will improve the quality of section 8 for section 8 renewals. Mr. President, budgetary review process. These pro- housing by requiring landlords to this is a very serious issue which must grams may very well have a great deal evaluate the rehabilitation needs of be addressed. of merit, but unless one is a member of their property and undertake necessary While HUD is required to notify ten- the Appropriations Committee, it is repairs. For too long, many of our sec- ants about contract renewals, some- nearly impossible to determine what, if tion 8 properties have been in an em- thing must be done to ensure that this any, criteria were applied to determine barrassing state of disrepair. In a re- notification does not unnecessarily the relative worthiness of each of the cent study, it was found that 24 percent alarm seniors and other residents of earmarks and set-asides in the agree- of the section 8 properties were dis- section 8 housing. I understand that ment. tressed. Sadly, some of these section 8 HUD is currently working with a num- For example: $5 million dollars is earmarked for a study properties have become havens for ber of tenant groups to craft a notifica- on the cost-effectiveness of contracting with crime and drug activities. I am pleased tion letter that is less alarming than local hospitals in east central Florida for the that the mark-to-market reforms will letters in years past. I intend to work provision of nonemergent inpatient health begin to attack this problem by requir- with HUD to see that future notices care needs of veterans. This earmark was ing landlords to make repairs to their provide adequate information, without contained in the House bill, but I find it dif- properties and become more respon- unnecessarily alarming section 8 resi- ficult to determine from the conference sible owners. dents. agreement or the House report why such a The bill also includes provisions that Mr. President, I am pleased that this study is so urgently needed in east Florida, rather than other areas of the country that will enable HUD to screen out rogue bill increases funding relative to fiscal may be considering this type of contracting. owners and managers, as well as pro- year 1997 for a number of important As I noted when the Senate considered the vide more effective enforcement tools programs to Rhode Island. For exam- bill, $10 is earmarked for demolition and re- that will minimize fraud and abuse of ple, funding for the Community Devel- placement of the Heritage House in Kansas HUD insurance and assisted housing opment Block Grant Program, which City, Mo. I still do not understand the ur- programs. provides flexible funding to States and gency of proceeding with this, rather than Most importantly, the reforms in other similar projects. localities for community development The bill earmarks $99.6 million for 120 spe- this bill will require landlords who are initiatives, is increased by $75 million. cific Economic Development Initiative restructuring their mortgages to main- In fiscal year 1997, Rhode Island cities grants, as specified in the report language. tain their property as section 8 housing used over $20 million in CDBG money While both bills contained these kinds of throughout the life of the mortgage. to fund initiatives ranging from job earmarks, my colleagues might be interested This provision is particularly impor- training to neighborhood revitaliza- to know that the amount earmarked in the tant in ensuring the preservation of tion. conference agreement is more than twice the the existing stock of section 8 housing. In addition, funding for the HOME amount earmarked in the Senate bill which The mark-to-market reforms in- was $40 million. I suspect that a scrupulous Program, which is aimed at expanding comparison of the lists of earmarked cluded in this bill could affect five the supply of affordable housing, is in- projects in the two bills would conclude that Rhode Island housing developments in creased by $100 million over fiscal year every project earmarked in either bill is in- the near term, and could affect count- 1997. Last year, Rhode Island received cluded in this conference agreement, and less other developments in the future, $3 million in HOME funding which was then some. as these provisions are fully imple- used to provide 283 units of affordable The bill contains an earmark of $15 million mented by HUD. Overall, I believe housing. for the county of San Bernardino, Ca, for these reforms will improve the quality Finally, the VA–HUD appropriations neighborhood initiatives. I have not been able to find this earmark in either the House of life for tenants of section 8 housing, bill maintains level funding for a num- or Senate bill, neither of which contain any half of whom are seniors, and most of ber of important programs such as the explanatory language on this initiative. whom are very low income. section 202 and section 811 programs The bill contains a section which was also However, it should be noted that that provide housing for the Nation’s included in the Senate bill, transferring a these reforms are not a panacea, and elderly and disabled. A number of previous $7.1 million earmark for a Kansas we should be mindful that there is Rhode Island groups have successfully City industrial park at 18th Street and Indi- much more to be done. For example, we used section 202 and section 811 grants ana Avenue instead to the rehabilitation and must take steps to address the ever- infrastructure development associated with to build housing for the elderly and dis- the Negro Leagues Baseball Museum and jazz worsening affordable housing crisis fac- abled, ameliorating the shortage of af- museum at 18th and Vine. ing this Nation. Unfortunately, this fordable housing for these groups in The bill authorizes and appropriates $90 bill follows HUD appropriations bills in Rhode Island. million additional funding for construction recent years and fails to provide funds In conclusion, I would again like to of a consolidated EPA research facility at for new section 8 vouchers. Indeed, commend the work of the conferees. Research Triangle Park, NC, and raises the such funds have not been appropriated Their efforts will help preserve and total construction cap on the project, includ- since 1993. maintain the section 8 program, in ad- ing a child care center and computer center, Also, there is the issue of the term of to $272.7 million. I recognize that this provi- dition to a number of other important sion was included in the House bill, but I section 8 contracts. In years past, sec- housing and community development have not been able to find any justification tion 8 contracts have had terms that programs. in the bill or report for earmarking $90 mil- ranged from 5 to 40 years, with budget Mr. MCCAIN. Mr. President, the Sen- lion as part of a nearly $300 million expendi- authority being allocated in accord- ate will act shortly to approve the con- ture for this project, versus other worthy ance with the terms of the contract. ference agreement on the Fiscal Year projects. However, because of the adverse budg- 1998 VA–HUD Appropriations Act, and I The bill retains the earmarks in the Sen- etary implications of providing long- intend to vote for the bill. The bill con- ate bill for a $50 million in grants to Texas, requiring State matching of 20 percent, for term contracts, expiring contracts are tains many very worthwhile programs improving water and wastewater treatment now being renewed for 1-year terms that are vital to our Nation’s veterans, facilities for the colonias; and a $15 million which require annual appropriations. to the economic development and via- grant to Alaska to address drinking water These 1-year renewals have created a bility of our cities, to rural commu- and wastewater infrastructure needs.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE October 9, 1997 The bill also includes an earmark of $253.1 rural area in Iowa, and a rural area in Mis- and Resources Management Information million for 39 specific wastewater and water souri—for rural economic development Network, and to consider setting aside an ap- treatment facilities and ground water pro- grants, to test comprehensive approaches to propriate amount of funds for development tection infrastructure, earmarked as stated developing a job base through economic de- and analytical work associated with that in the report. Again, this type of earmark velopment, developing affordable low- and system. was included in the Senate and House bills, moderate-income rental and homeownership Earmarks $98.4 million for 7 major con- but the conference earmarked almost three housing, and increasing the investment of struction projects of the VA, including a $4 times the amount in the Senate bill. both private and nonprofit capital. million add-on for a cemetery in Arizona. The bill also contains three earmarks $99.6 million earmarked for 120 specific Earmarks $1.5 million for expansion of the which I believe were not included in ei- Economic Development Initiative grants as existing national cemetery in Mobile, Ala- ther the Senate or House bill: specified in the report language. bama. $4 million dollars is earmarked for each of $15 million earmarked for the County of Earmarks $1.5 million to increase the num- three areas—a native American area in Alas- San Bernardino, California, for neighborhood ber of niches at the columbarium at the Na- ka, a rural area in Iowa, and a rural area in initiatives. tional Memorial Cemetery of the Pacific. Missouri—for rural economic development $3.5 million earmarked for the non-Federal Earmarks $48.3 million for 23 specific grants, to test comprehensive approaches to cost-share of the levee project at Devils science and technology projects. Lake, North Dakota. developing a job base through economic de- Earmarks $8 million of the funding set Sec. 203—Waives the requirement that the velopment, developing affordable low- and aside for research on EPA particulate matter City of Oglesby, Illinois, hold public hearings moderate-income rental and homeownership standards to create ‘‘up to five university- concerning an environmental assessment for housing, and increasing the investment of based research centers focused on PM-re- a warehouse project. both private and nonprofit capital. While I lated environment and health effects;’’ es- Sec. 206—$7.1 million transferring an ear- understand the need to provide funding for tablishes certain governing criteria and mark for a Kansas City industrial park at rural communities to improve their living guidelines for selection of these centers, al- 18th Street and Indiana Avenue instead to standards, housing availability, and the like, though the report states the selection is to the rehabilitation and infrastructure devel- I question whether the three areas singled be competitive. out in this language are the most deserving opment associated with the Negro Leagues Baseball Museum and jazz museum at 18th Earmarks $76.5 million from the budget for of 4 million dollars each. And I note that the environmental programs and management at earmarks for rural areas in Iowa and Mis- and Vine. Sec. 218—Cancels the indebtedness of the EPA for 60 specific projects. souri were not contained in either bill, but Village of Robbins, Illinois, for HUD-guaran- Earmarks $2.5 million of the EPA’s haz- were added by the conferees. ardous substance Superfund to continue a The bill includes a section, which I have teed water and sewer bonds, including prin- cipal, interest, and any fees and other study on the health effects of consuming not found in either the Senate or House bill, Great Lakes fish, and 2 million for continued directing FEMA to make a grant of $1.5 mil- charges. Authorizes and appropriates $90 million ad- work on the Toms River, New Jersey cancer lion to resolve issues under the Uniform Re- evaluation and research project. location Assistance and Real Property Ac- ditional funding for construction of a con- solidated EPA research facility at Research Encourages EPA to implement a fixed- quisition Act of 1970 involving the city of price, at-risk contracting proposal for clean- Jackson, Ms. Again, the justification pro- Triangle Park, North Carolina, and raises the total construction cap on the project, in- up of the Carolina Transformer Site in North vided for this project is sketchy, to say the Carolina. least. cluding a child care center and computer Urges immediate construction at the Pepe The bill contains a section which cancels center, to $272.7 million. Field Superfund site in Boonton, New Jersey. the indebtedness of the village of Robbins, Earmarks $50 million for grants to Texas, IL, for HUD-guaranteed water and sewer requiring state matching of 20 percent, for Recognizes the acute need for additional bonds, including principal, interest, and any improving water and wastewater treatment water treatment capacity in San Diego fees and other charges. Again, I could find no facilities for the colonias. County, California, although limited funds mention of this proposal in either the Senate $15 million earmarked for grants to Alaska prevented the conferees from earmarking an or House bills. to address drinking water and wastewater in- amount for this project. As I have said many times, these frastructure needs. States awareness of San Diego’s applica- Earmarks $253.1 million for 39 specific tion for grant assistance through the U.S.- types of earmarks added in conference wastewater and water treatment facilities Mexico border programs for the South Bay are an egregious evasion of the normal and groundwater protection infrastructure, Water Reclamation Facility, and urges that budget review process, which this body earmarked as stated in the report. the matter be reviewed carefully for appro- should not condone. Directs FEMA to make a grant of $1.5 mil- priate support. I will not elaborate on the many ear- lion to resolve issues under the Uniform Re- Notes support for construction of the Jona- marks and set-aside in the report lan- location Assistance and Real Property Ac- than Rogers plant in El Paso, Texas, and en- guage of the conference agreement. quisition Act of 1970 involving the City of courages EPA to provide an appropriate I ask unanimous consent that the ob- Jackson, Mississippi. amount from the border infrastructure fund Sec. 415—‘‘Buy America’’ protections. jectionable provisions be printed in the to support the project. REPORT LANGUAGE Earmarks $500,000 from FEMA’s emergency RECORD. There being no objection, the list was [NOTE: Conferees state that they endorse management planning funds for a com- all language in the House and Senate reports prehensive analysis and plan of evacuation ordered to be printed in the RECORD, as that is not explicitly contradicted in the alternatives for the New Orleans metropoli- follows: conference agreement. Therefore, all ear- tan area. OBJECTIONABLE PROVISIONS IN H.R. 2158, CON- marks and set-aside in the underlying re- States awareness of proposals by the Inter- FERENCE AGREEMENT ON FISCAL YEAR 1998 ports remain valid unless reversed in the national Hurricane Center at Florida Inter- VA/HUD/INDEPENDENT AGENCIES APPRO- conference agreement.] national University to apply advanced high- PRIATIONS Earmarks $6 million for the Musculo- accuracy satellite laser altimeter surveying BILL LANGUAGE skeletal Disease Prevention and Treatment techniques to coastal and flood plain mod- $5 million earmarked for a study on the Research Center at the Jerry L. Pettis Me- eling and post natural disaster damage as- cost-effectiveness of contracting with local morial VA Medical Center in Loma Linda, sessments, and urges FEMA to consider hospitals in East Central Florida for the pro- California. funding such proposals from discretionary vision of non-emergent inpatient health care Explicit emphasis on report language re- funds. needs of veterans. garding expanding an outpatient clinic in Notes that Point Coupee Parish, Lou- Prohibition on relocating the loan guar- Williamsport, Pennsylvania, activation costs isiana, faces the potential threat of multiple anty divisions of the Department of Veterans for construction projects at the medical cen- disasters, including weather-related threats, Affairs Regional Office in St. Petersburg, ters in Wilkes-Barre, Pennsylvania, and and urges FEMA to provide support for in- Florida to the Department of Veterans Af- Phoenix, Arizona; and the demonstration stallation and testing of a prototype commu- fairs Regional Office in Atlanta, Georgia, be- project involving the Clarksburg VA Medical nications system. cause the conferees do not believe the VA Center and Ruby Memorial Hospital. Urges NASA to make available underuti- has adequately justified the proposed reloca- Urges VA to establish a community-based lized facilities at the Stennis Space Center tion and has not provided a detailed cost- outpatient clinic in Brookhaven, New York. for use by industry in launch vehicle devel- benefit analysis including comparison of sav- Supportive language for the two-year pilot opment activities. ings for the cost of space and personnel. project in New England and Hawaii, funded Earmarks $19.65 million from NASA’s aero- $10 earmarked for demolition and replace- through the Department of Defense, to ex- nautics and technology funds for 9 specific ment of the Heritage House in Kansas City, plore improved and innovative methods of projects. Missouri. diabetes detection, prevention, and care. Earmarks $5 million of NASA’s mission $4 million earmarked for each of three Encourages VA to examine carefully the support funds for facilities enhancements at areas—a Native American area in Alaska, a work in Detroit associated with Population Stennis Space Center.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10751 Prohibition on relocating NASA aircraft for new research. However, I would like The PRESIDING OFFICER. The based east of the Mississippi River (at the to make it clear, for the record, that I clerk will call the roll. Wallops Island flight facility) to the Dryden do not agree with the conference report The legislative clerk proceeded to Flight Research Center in California. language that says that ‘‘we do not yet call the roll. Earmarks $1 million of National Science Mr. LAUTENBERG. Mr. President, I Foundation funds for the U.S./Mexico Foun- have available sufficient facts nec- dation. essary to proceed with future regula- ask unanimous consent that the order Mr. MCCAIN. Mr. President, this is tions for a new particulate matter for the quorum call be rescinded. not an exhaustive list of all the ear- standard.’’ The PRESIDING OFFICER. Without marks the conferees endorsed. As with The EPA standards are based on the objection, it is so ordered. previously submitted conference agree- best available science regarding the PRIVILEGE OF THE FLOOR ments, the conferees explicitly state in health effects of exposure to particu- Mr. LAUTENBERG. Mr. President, I the report that they endorse all the late matter. Some argue that we ask unanimous consent that the privi- provisions of the Senate and House re- should not proceed until we have sci- lege of the floor be granted to the fol- ports on the bill, unless they are ex- entific proof of the exact relationship lowing detailee to my staff: Mr. Peter plicitly contradicted or addressed in between exposures to particulate mat- Neffinger. The PRESIDING OFFICER. Without the conference report. So there are a ter, and health effects. If we applied that principle in the objection, it is so ordered. lot more earmarks that the conferees Mr. LAUTENBERG. Mr. President, I intend that the agencies will adhere to late 1970’s, we would not be enjoying the benefits of our current standards suggest the absence of a quorum. in allocating appropriated funds. The PRESIDING OFFICER. The Again, Mr. President, I hesitate to which have led to, for example, air pol- lution from carbon monoxide being re- clerk will call the roll. say that all of these earmarks and set- The legislative clerk proceeded to asides are wasteful, or unnecessary. I duced by 28 percent, from sulphur diox- ide 41 percent, and from lead 98 per- call the roll. want to stress that these projects may Mr. BUMPERS. Mr. President, I ask very well have merit and may very well cent. The PRESIDING OFFICER. All time unanimous consent that the order for be worthy of inclusion in this bill. the quorum call be rescinded. But the process the Congress estab- has expired. Under the previous order, the con- The PRESIDING OFFICER. Without lished for itself, which involves both ference report to accompany H.R. 2158 objection, it is so ordered. authorization and appropriation of is agreed to. The Senator from Arkansas is recog- spending items, is routinely ignored in The conference agreement was nized. the appropriations bills. These unau- agreed to. Mr. BUMPERS. I thank the Chair. thorized and locality specific earmarks Mr. BOND. Mr. President, I thank all (The remarks of Mr. BUMPERS per- and add-ons have bypassed the normal of my colleagues and the leadership for taining to the introduction of S. 1283 agency review process and have by- allowing us to proceed in a timely fash- are located in today’s RECORD under passed the authorization process. They ion on this matter. ‘‘Statements on Introduced Bills and have simply been included in the ap- I have mentioned only briefly my ap- Joint Resolutions.’’) propriations bill because a small seg- preciation for the work of my ranking f ment of the Senate or House, those member, Senator MIKULSKI. Truly, DEPARTMENT OF TRANSPOR- who serve on Appropriations Com- there is no better person to have in a TATION AND RELATED AGEN- mittee, decided to include them. very complicated matter like this than CIES APPROPRIATIONS ACT, Mr. President, the American people to have someone of Senator MIKULSKI’s 1998—CONFERENCE REPORT deserve to know how their money is ability, perspicacity, and dedication to Mr. SHELBY. Mr. President, I submit spent, and why. Millions of dollars will right and justice to carry through on be spent for the projects on the at- a report of the committee of con- this. ference on the bill (H.R. 2169) making tached list, and I doubt that most Sen- I am deeply grateful for her coopera- appropriations for the Department of ators know why these projects were tion, the cooperation of the leadership Transportation and related agencies chosen for earmarks or set-asides. The on her side, and particularly the lead- for the fiscal year ending September 30, American people certainly don’t have ership of both sides of the aisle on the 1998, and for other purposes, and ask access to that information. Banking Committee which authorizes for its immediate consideration. I intend to send a letter to the Presi- housing programs without which we dent asking that he consider using his The PRESIDING OFFICER. The re- would not have been able to accomplish port will be stated. line-item veto authority to eliminate mark-to-market. Senator MACK and his these spending items from this bill. The clerk read as follows: staff, in particular, Senator D’AMATO, The committee of conference on the dis- That is why we gave him a line-item Senator SARBANES, Senator KERRY veto—to eliminate wasteful, unneces- agreeing votes of the two Houses on the have been helpful. amendment of the Senate to the bill (H.R. sary, and low-priority spending. He has I express my thanks to Andy Givens, 2169) having met, after full and free con- already demonstrated his willingness Stacy Closson, and David Bowers on ference, have agreed to recommend and do to use the line-item veto, and I hope he the minority. We could not have done recommend to their respective Houses this continues to exercise that authority this on our side without the dedicated report, signed by all of the conferees. when clearly necessary. work of John Kamarck, Carrie The PRESIDING OFFICER. Without Mr. President, as I said, I support the Apostolou, and of Sarah Horrigan, who objection, the Senate will proceed to majority of the provisions of this bill, assisted us as representatives on loan the consideration of the conference re- and I intend to vote for it. I am thank- from the Office of Management and port. ful, however, that a mechanism now Budget. (The conference report is printed in exists that could, if utilized, eliminate Mr. President, again, I express my the House proceedings of the RECORD of the earmarks and set-asides in this bill appreciation to my ranking member. October 7, 1997.) to which I must object. Ms. MIKULSKI. Mr. President, now Mr. SHELBY. Mr. President, I ask PARTICULATE MATTER RESEARCH that we have concluded our bill, I too unanimous consent that the conference Mrs. BOXER. Mr. President, I would want to express my appreciation to report be considered read, and that like to mention one issue of concern in Senator BOND and his very able staff— there be 20 minutes equally divided; the conference report on appropria- I am sorry Sarah Horrigan is not with that, following the conclusion or yield- tions for the Environmental Protection us, her able cooperation—and, to my ing back of the time, the conference re- Agency. It is in regard to report lan- own staff, Andy Givens, David Bowers, port be agreed to and the motion to re- guage on the Particulate Matter Re- and Stacy Closson. consider be laid upon the table, all search Program. I wish all bills could move as quickly without any intervening action or de- I agree that we need more research and as rigorously and thoroughly as bate. on the sources and the health effects of ours did. I yield the floor. The PRESIDING OFFICER. Is there particulate matter and strongly sup- Mr. BOND. I suggest the absence of a objection? Without objection, it is so port this bill’s appropriation of funds quorum. ordered.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE October 9, 1997 Mr. SHELBY. Mr. President, I am The actual distribution of those by the Senate. This is a downpayment pleased to present the conference re- funds among the States will depend on toward meeting the Federal Govern- port on the fiscal year 1998 Department reauthorization of ISTEA—the Inter- ment’s commitment to completing of Transportation and related agencies modal Surface Transportation Effi- that System. appropriations bill. This bill is very ciency Act of 1991—which has provided similar to the transportation appro- authorization for Federal surface The bill includes $4.7 billion for tran- priations bill that the Senate approved transportation programs for the past 6 sit grants, including $200 million for 98 to 1 on July 30. It provides the high- years and which expired at the end of Washington Metro. I ask unanimous est level of funding for Federal-aid fiscal year 1997. But this increase of al- consent that a table which shows the highways in history—$22.9 billion. most $3 billion over fiscal year 1997 will distribution of these funds under cur- That’s slightly less than the amount almost certainly mean more Federal rent law be printed in the RECORD. we had included in the Senate bill be- highway spending for each State. cause, in conference, we agreed to fund The conference report also includes There being no objection, the mate- some other House priorities, but it’s $300 million for the Appalachian Devel- rial was ordered to be printed in the still a record level. opment Highway System as proposed RECORD, as follows: FISCAL YEAR 1998 DISTRIBUTION OF APPROPRIATED TRANSIT FORMULA AND DISCRETIONARY PROGRAM FUNDS BY STATE—ILLUSTRATIVE

Section 5310, el- Section 5307, Section 5311, derly and per- Section 5309, Section 5338, Section 5338, State urban area for- nonurbanized sons with dis- fixed guideway discretionary discretionary Total Percent of mula apportion- area formula ap- abilities appor- modernization grants—bus and grants—new total ment portionment tionments apportionment bus facilities starts

Alabama ...... $11,185,758 $3,186,673 $1,077,887 0 $25,600,000 0 $41,050,318 0.92 Alaska ...... 1,804,936 475,202 181,007 0 0 0 2,461,144 .05 American Samoa ...... 0 67,731 52,205 0 0 0 119,936 0 Arizona ...... 25,641,598 1,395,042 951,941 $753,784 5,500,000 $4,000,000 38,242,365 0.85 Arkansas ...... 3,979,267 2,547,613 757,178 0 0 0 7,284,057 0.16 California ...... 359,319,983 6,217,892 5,780,115 73,004,558 38,400,000 141,600,000 624,322,548 13 .93 Colorado ...... 26,861,907 1,327,272 741,382 872,588 5,500,000 25,000,000 60,303,148 1.35 Connecticut ...... 36,082,253 1,203,960 847,581 33,127,313 6,950,000 0 78,211,107 1.74 Delaware ...... 4,544,322 300,359 266,380 371,459 1,500,000 0 6,982,520 .16 District of Columbia ...... 21,487,762 0 264,504 20,304,678 0 0 42,056,943 .94 Florida ...... 110,965,452 3,997,135 3,904,781 6,261,059 20,000,000 50,800,000 195,928,427 4 .37 Georgia ...... 40,275,089 4,659,255 1,393,706 8,377,647 9,000,000 45,600,000 109,305,697 2 .44 Guam ...... 0 192,815 132,335 0 0 0 325,149 .01 Hawaii ...... 19,104,500 522,930 335,201 302,560 5,000,000 0 25,265,191 .56 Idaho ...... 2,361,119 1,054,997 342,719 0 0 0 3,758,834 .08 Illinois ...... 162,182,847 4,274,606 2,528,911 108,300,140 4,500,000 3,000,000 284,786,504 6.35 Indiana ...... 25,432,292 4,129,173 1,333,234 0 4,000,000 5,250,000 40,144,699 .90 Iowa ...... 6,711,334 2,655,925 812,986 0 4,000,000 0 14,180,245 .32 Kansas ...... 6,233,630 2,112,704 683,737 0 1,000,000 0 10,030,071 .22 Kentucky ...... 12,693,258 3,487,613 1,033,565 0 0 0 17,214,437 .38 Louisiana ...... 21,173,354 2,884,508 1,036,865 2,192,506 13,900,000 8,000,000 49,187,234 1 .10 Maine ...... 1,693,773 1,391,888 425,143 0 0 0 3,510,805 .08 Maryland ...... 59,427,457 1,737,705 1,041,705 16,644,799 8,000,000 31,000,000 117,851,667 2.63 Masaschusetts ...... 87,078,919 1,862,292 1,494,500 54,823,484 6,200,000 47,250,000 198,709,196 4.43 Michigan ...... 47,254,939 5,043,404 2,165,608 152,149 7,500,000 0 62,116,100 1.39 Minnesota ...... 22,554,929 2,902,188 1,056,203 2,156,921 10,500,000 12,000,000 51,170,241 1.14 Mississippi ...... 3,639,708 2,832,159 735,995 0 2,000,000 3,000,000 12,207,861 .27 Missouri ...... 26,095,820 3,380,302 1,351,855 1,484,601 16,000,000 30,500,000 78,812,577 1.76 Montana ...... 1,786,660 854,630 315,546 0 0 0 2,956,836 .07 Nebraska ...... 6,471,591 1,289,529 486,039 0 0 0 8,247,158 .18 Nevada ...... 11,496,750 421,012 365,038 0 9,500,000 5,000,000 26,782,800 .60 New Hampshire ...... 2,503,259 1,114,728 345,598 0 0 0 3,963,585 .09 New Jersey ...... 136,678,638 1,593,825 1,791,542 69,082,137 6,000,000 87,000,000 302,146,143 6.74 New Mexcico ...... 5,357,480 1,252,988 429,081 0 7,750,000 0 14,789,549 .33 New York ...... 410,451,112 5,610,456 4,133,626 276,062,566 34,325,000 25,500,000 756,082,760 16 .87 North Carolina ...... 20,069,428 5,959,962 1,583,185 0 6,000,000 13,000,000 46,612,575 1.04 North Dakota ...... 1,741,653 632,037 270,610 0 0 0 2,644,300 .06 Northern Marianas ...... 0 62,767 52,014 0 0 0 114,781 0 Ohio ...... 65,501,156 6,067,655 2,638,627 12,722,165 12,500,000 6,000,000 105,429,604 2.35 Oklahoma ...... 8,527,934 2,593,860 893,771 0 0 1,600,000 13,615,566 .30 Oregon ...... 19,592,547 2,059,548 831,880 1,292,018 3,000,000 63,400,000 90,175,992 2.01 Pennsylvania ...... 112,985,990 6,768,533 3,160,912 92,157,105 27,350,000 5,500,000 247,922,540 5 .53 Puerto Rico ...... 36,532,549 2,022,651 789,842 775,726 0 15,000,000 55,120,768 1.23 Rhode Island ...... 7,598,014 259,105 379,890 1,062,810 0 0 9,299,820 .21 South Carolina ...... 9,080,065 2,982,991 864,379 0 6,000,000 1,500,000 20,427,434 .46 South Dakota ...... 1,256,376 770,404 291,151 0 2,250,000 0 4,567,931 .10 Tennessee ...... 16,849,421 3,850,700 1,270,291 32,983 8,000,000 1,000,000 31,003,395 .69 Texas ...... 119,735,859 8,129,898 3,264,108 3,046,639 14,950,000 74,100,000 223,226,504 4.98 Utah ...... 15,889,161 584,009 400,773 0 8,900,000 67,400,000 93,173,843 2.08 Vermont ...... 631,418 688,808 243,018 0 2,500,000 5,000,000 9,063,244 .20 Virgin Islands ...... 0 147,427 134,313 0 0 0 281,740 .01 Virginia ...... 45,207,104 3,414,019 1,320,940 517,018 5,650,000 4,000,000 60,109,081 1 .34 Washington ...... 60,260,229 2,392,160 1,186,078 7,835,369 21,000,000 18,000,000 110,673,835 2 .47 West Virginia ...... 3,044,128 2,034,025 635,242 0 16,250,000 0 21,963,396 .49 Wisconsin ...... 26,270,709 3,514,557 1,210,642 283,218 14,000,000 0 45,279,126 1.01 Wyoming ...... 872,428 491,550 208,724 0 0 0 1,572,702 .04 Total Apportioned ...... 2,292,177,864 133,407,177 62,226,089 794,000,000 400,975,000 800,000,000 4,482,786,130 100.00 Agency Oversight ...... 11,518,482 670,388 ...... 6,000,000 ...... 18,188,870 ...... Total Program ...... 2,303,696,346 134,077,565 62,226,089 800,000,000 400,000,000 800,000,000 4,500,000,000 ......

Mr. SHELBY. Mr. President, the bill will permit FAA to hire an additional Members of both the Senate and House also provides $1.7 billion for airport im- 235 aviation safety inspectors and 500 with no increase in funds over the Sen- provement grants, which is $700 million air traffic controllers. ate bill to cover these requests. That more than the administration re- Major changes in the bill as a result was a very difficult process. We tried to quested. In total, this bill contains of conference deliberations include the be fair and balanced in our treatment $30.1 billion for investment in infra- addition of $150 million in transit oper- of Members’ requests. structure that the public uses, that is, ating assistance and reductions of less I want to reiterate a point I made highways, transit, airports, and rail- than 1 percent in the multi-billion dol- when I brought the Senate bill to the roads. That represents an 8-percent in- lar FAA and Coast Guard operating ac- floor in July. Many Senators wanted crease over the administration’s re- counts. funds for highway projects of special quest. The Senate accommodated requests interest to them and their States. This This legislation will improve safety: we received from Senators as fully as year, ISTEA reauthorization is pro- It provides an 11-percent increase in we could. In conference, of course, we viding a vehicle for special project funds to improve highway safety and had to accommodate requests from funding, especially in the House where

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10753 there is very active consideration of budget process; he is a major force in I also want to thank my colleague, such funding. I assure my colleagues the Senate consideration of reauthor- Senator LAUTENBERG, for the work and that I believe that the Congress has at ization legislation, and is one of the the knowledge that he has of these least as legitimate a role in desig- most thoughtful and effective members transportation issues. Knowledge that nating funding for specific highway of the Transportation Appropriations he is beginning to share with me as projects as it does in designating which Subcommittee. Senator BOND can be a time goes on. And, to his staff director, transit projects will be funded. I intend dogged advocate for issues of interest Peter Rogoff, I thank you for cooper- to review the situation after enact- to the Show Me State. He was in a po- ating with us on so many of the issues. ment of ISTEA reauthorization legisla- sition to put passage of the Transpor- And, at the end of the day, at the end tion and to work with my Senate and tation appropriations bill in jeopardy if of the week, and at the end of this con- House colleagues in the year ahead to his legitimate interest in a matter be- ference we are here. ensure that we have an opportunity to fore the conference was not met. In a At this point, I yield the floor. designate funding for highway projects display of the statesmanship that Mr. LAUTENBERG addressed the of special interest to our States and shows me why he is such an effective Chair. communities. Senator, he refused to hold the bill There are a great number of people to up—instead, he sought a creative way The PRESIDING OFFICER. The Sen- thank for getting this bill completed. I of meeting both the interests of his ator from New Jersey. want to single out a few for special State and the needs of the Congress to Mr. LAUTENBERG. Mr. President, I, thanks for all their efforts. move this legislation along. I pledge to too, view this report as does my friend First, the chairman, my good friend him here that I will work with him to and colleague and chairman of the sub- from Alaska. I know he wanted to ensure the satisfactory resolution of committee. It reflects what I think is a move this bill along promptly, but he this issue. good outcome after being forced to was patient and allowed me to work In addition, I want to thank a few work with less resources than I would out the issues that were holding up staff members who worked hard to put like to see devoted to transportation. conference and was always willing to this bill together. The staff director of But that is life in the present fiscal cli- lend his compelling voice to support the Senate Appropriations Committee, mate and consistent with our deter- the Senate position in our discussions Steve Cortese played a critical role in mination to have a balanced budget by with the House. resolving issues between the House and 2002. As a matter of fact, the news is The majority leader as well played a the Senate so that we could have this fairly good on that front. We may actu- critical role in the negotiations with conference report before the Senate ally achieve that balance before then. the House. I want to thank him for his today. His counterpart on the House But, meanwhile, we are taking the ap- leadership, advice, and guidance, as side, Jim Dyer, as well, deserves note propriate steps to our transportation well as for his personal involvement on and a word of thanks for his efforts to bill to conform with the responsibility this bill. that end. Although they work in dif- that we have undertaken as a result of I want to thank my distinguished ferent bodies, these two professionals the budget agreement. We spent a lot ranking member on the subcommittee, work together well and are a credit to of time and energy trying to ensure Senator LAUTENBERG, for his part in the appropriations process and the that transportation would be treated moving the process forward. We don’t Congress. Further, the subcommittee as the appropriate priority, as we see always take the same position on staff, Joyce Rose, Reid Cavnar, Wally it. And it has some very positive re- transportation issues or funding prior- Burnett, and for a short time, George sults. ities, but he is always a strong advo- McDonald, as well as my legislative di- cate for meeting the transportation The Coast Guard is going to get a 12.7 rector Kathy Casey and Chief of Staff priorities of the Northeast and presents percent boost so that it can continue Tom Young, worked long and hard to a perspective on this bill that comes to execute its many essential missions. put this bill together and I thank from a great deal of hands-on experi- Funding for FAA will increase by al- them. In addition, Jim English, Peter ence with transportation issues. In ad- most 10 percent. Within that amount, Rogoff, Peter Neffenger, Carole dition, this bill has provided an oppor- we have rejected the proposal by the Geagley, and Mike Brennan have tunity for me to work closely with the administration to cut airport improve- helped make this a truly bipartisan distinguished ranking member of the ment grants by more than 33 percent. bill, and I thank them. full committee, Senator BYRD. One of I am proud of what we have been able Instead, we have provided an increase the common priorities Senator BYRD to accomplish in this bill. It will ben- for airport grants of more than 16 per- and I share in the Transportation ap- efit all Americans as it helps improve cent. propriations bill is the completion of transportation services in this country Funding for Federal-aid highways the Appalachian Development Highway so that the economy and personal mo- went to a historically high level of System. Through his leadership and bility are better served. $21.5 billion. This increased funding support, we have been able to provide I now turn to my distinguished rank- will be especially critical as we address substantial support for meeting that ing member from New Jersey, Senator the many vexing challenges that cur- priority. LAUTENBERG, who has worked with me rently surround the reauthorization of I also want to thank the other mem- in a bipartisan spirit to produce this the Intermodal Surface Transportation bers of the subcommittee for their ef- bill. Efficiency Act, or ISTEA, or ISTEA II, forts and the efforts of their staffs in Mr. President, I believe overall that or whatever the name is that we are support of the Senate’s position during this is a good transportation appropria- going to give the next 6-year or 5-year the conference. This subcommittee tions bill. It is not perfect. Nothing is program. works well together, and I am blessed perfect. But Senator LAUTENBERG, my Funding for formula assistance for with the luxury of having sub- colleague from New Jersey, former committee members who take trans- the Nation’s transit systems will in- chairman, now the ranking member of crease by 16.3 percent. I want to point portation issues very seriously and are the committee, worked diligently to- quick to let me know of their positions out that in my view this includes a bal- gether with our staffs to put this bill anced approach in addressing the needs on issues. In particular, I want to com- together. We had protracted discus- mend the senior Senator from Mis- of all of our States in all transpor- sions with the House, and at the end of tation modes. souri, my good friend, Senator KIT the day we are here with a completed BOND. Senator BOND has been a major conference report, one which I believe When the bill was first marked up, I force in transportation funding issues that most people in this body can sup- voiced concern that while we were pro- this year as he has the uncommon re- port. viding a much needed increase in fund- sponsibilities of sitting on the Budget I want to take a minute and thank ing for highways, the needs of the tran- Committee, the Environment and Pub- my staff director, Wally Burnett, for sit agencies were not getting appro- lic Works Committee, and on the Ap- all the work that he has put into this priate attention. propriations Subcommittee on Trans- night and day. He knows the subject. I am pleased to say that between the portation. He was a primary advocate He has been very, very diligent and the amendment I offered during full com- for higher highway funding during the bill reflects that diligence. mittee consideration of the bill and the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE October 9, 1997 final deliberations of the conference punitive measures against the hard- the U.S. Coast Guard, and transpor- committee, the increase in formula working employees at Amtrak. tation safety agencies. funding for transit was brought to a On another issue, more parochial per- When outlays from prior-year budget level comparable with the increases in haps, Mr. President, I call attention to authority and other adjustments are formula funding provided for other in- that portion of the conference agree- taken into account, the bill totals $13.1 frastructure investment programs in ment which pertains to the closure of billion in budget authority and $37.9 the bill. Bader Field Airport in Atlantic City, billion in outlays for fiscal year 1998. Moreover, I am pleased that the con- NJ. The conferees carefully reviewed The reported bill is $0.1 billion in ference agreement includes my amend- the statutory provisions pertaining to budget authority below the sub- ment to provide greater flexibility to Bader Field as well as another airport committee’s revised section 302(b) allo- all transit agencies, large and small, in that deserves to be closed. And after cation, and at the subcommittee’s allo- the use of the Federal transit formula careful review, it was determined that cation for outlays. funds. statutory language was not necessary The spending is less than $0.1 billion Mr. President, all in all, as I said, I for the FAA to make the necessary in budget authority below the Presi- think it is a good outcome. findings. So I am pleased that the con- dent’s fiscal year 1998 budget request The funding level for Amtrak is one ference agreement continues our for the subcommittee, and $0.4 billion that concerns me because Amtrak progress toward the closure of these in outlays above the President’s re- plays such an important part in the airports as soon as possible. quest. transportation of people throughout I want to take a minute, Mr. Presi- Mr. President, it is my pleasure to the Northeast corridor—and other dent, to thank my friend and colleague, serve on the subcommittee and to be a parts of the country as well but pre- Senator SHELBY, for his ability to work part of the Conference Committee. dominantly in the Northeast corridor, closely with others to try to resolve I support the conference agreement, and were we not to have Amtrak, disputes and see if we could do the best and I urge its adoption. which could be the outcome if we failed possible job with the resources that Mr. President, I ask unanimous con- to fund it properly, we would need were available to us, and I think he has sent that a table displaying the Budget 10,000 additional flights of 737’s a year done just that. It was a pleasure work- Committee scoring of this bill be print- between Boston and Washington and ing with him. As Senator SHELBY ed in the RECORD. New York to accommodate the require- noted, I was once the chairman of the There being no objection, the table ments for transportation. So that cer- committee, and I promised that should was ordered to be printed in the tainly does not look to be an outcome I become chairman again I would work RECORD, as follows: we can tolerate. But nevertheless the with Senator SHELBY just as carefully Congress has insisted on cutting Am- and courteously as he has worked with H.R. 2169, TRANSPORTATION APPROPRIATIONS, 1998, trak’s operating subsidy at a much me. SPENDING COMPARISONS—CONFERENCE REPORT faster rate than they say they can ab- He has been consistently fair-minded [Fiscal Year 1998, in millions of dollars] sorb. in the distribution of funds between Almost 3 years ago, the leadership of De- Non- Manda- transportation modes and between fense defense Crime tory Total Amtrak developed an operating plan to projects. He has sought to accommo- reduce its dependency on Federal oper- Conference report: date the priorities of all Members of Budget authority ...... 300 12,111 ...... 698 13,109 ating support. Their plan called for re- the Senate. That has been the long- Outlays ...... 299 36,905 ...... 665 37,869 duced appropriations in each and every Senate 302(b) allocation: standing tradition in the Transpor- Budget authority ...... 300 12,211 ...... 698 13,209 year for 6 years. Unfortunately, for the tation Subcommittee and it continues Outlays ...... 299 36,905 ...... 665 37,869 last 2 years, the Congress has insisted President’s request: to be the tradition under Senator Budget authority ...... 300 12,173 ...... 698 13,171 on cutting Amtrak’s operating subsidy SHELBY’s leadership. Outlays ...... 299 36,502 ...... 665 37,466 at a much faster rate than Amtrak said I close by thanking my staff also, House-passed bill: Budget authority ...... 300 12,217 ...... 698 13,215 it could absorb. Their financial status, Peter Rogoff, and thank Senator Outlays ...... 299 36,855 ...... 665 37,819 therefore, is in dire straits. SHELBY’s chief of staff, Tom Young, Senate-passed bill: Budget authority ...... 12,157 ...... 698 12,855 The bill initially laid down proposed and Wally Burnett. It is a pleasure get- Outlays ...... 59 36,892 ...... 665 37,616 some truly severe cuts, some of which ting this done, and I am pleased to see CONFERENCE REPORT COMPARED TO: could certainly put Amtrak into bank- that we have come fairly close to the Senate 302(b) allocation: ruptcy. But the subcommittee amended beginning of the fiscal year in having a Budget authority ...... ¥100 ...... ¥100 Outlays ...... the funding level for Amtrak’s oper- transportation bill which can take care President’s request ations account in the subcommittee of our needs for next year. Budget authority ...... ¥62 ...... ¥62 Outlays ...... 403 ...... 403 and the full committee to get that Mr. DOMENICI. Mr. President, I rise House-passed bill: level up to $344 million, which was the in support of the conference agreement Budget authority ...... ¥106 ...... ¥106 Outlays ...... 50 ...... 50 level requested by the administration. accompanying H.R. 2169, the Depart- Senate-passed bill: Also, Chairman SHELBY agreed to ment of Transportation and related Budget authority ...... 300 ¥46 ...... 254 Outlays ...... 240 13 ...... 253 hold a special hearing of the sub- agencies appropriations bill for fiscal committee to take a fresh look at Am- Note: Details may not add to total due to rounding. Totals adjusted for year 1998. consistency with current scorekeeping conventions. trak’s operating needs. I am pleased to I congratulate the distinguished say that the final conference agree- chairman of the subcommittee, Sen- Mr. ROTH. Mr. President, I rise ment includes the full $344 million for ator SHELBY, for completing his first today to oppose the fiscal year 1998 De- Amtrak’s operations as passed by the bill as chairman of the Transportation partment of Transportation conference Senate. It also includes needed boosts Appropriations Subcommittee. I com- report. Due to a provision added in con- in Amtrak’s critical capital accounts, mend the chairman for bringing the ference, the Treasury Department will and it will only be through this kind of Senate a balanced bill. be forced to reduce the Amtrak tax re- capital investment that Amtrak can As all members know, transportation fund by $200 million. This conference one day become free of Federal oper- spending was a priority area within the report violates the budget agreement, ating subsidies, which I, and I am sure bipartisan budget agreement. With pas- amends the recently enacted tax bill, all of us here, would like to see. sage of this bill, we begin to increase and unnecessarily straps Amtrak as it However, we are not, I warn all Mem- funding for our Nation’s infrastructure is facing a possible strike in the next bers, ‘‘out of the woods’’ with Amtrak. as we promised during negotiations on few weeks. Amtrak has to gain access to more the balanced budget agreement. Mr. President, as chairman of the than $2 billion which was provided in The conference agreement provides Senate Finance Committee and a the recently enacted tax bill so it can $13.1 billion budget authority [BA] and strong Amtrak supporter, I find this make the kind of capital investments $13.5 billion in new outlays to fund the action by the Appropriations Com- that will bring us a real first-class pas- programs of the Department of Trans- mittee to be outrageous. senger railroad, and we need to find a portation, including Federal-aid high- As my colleagues in the Senate mechanism to do that without exacting ways, mass transit, aviation activities, know, one of my top priorities has been

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10755 to create a dedicated source of capital intelligent transportation operational be used to improve the adjacent waterway funding for Amtrak. Congress has tests. (including dredging, bulkhead repair, and voted time and time again that capital The report earmarks all but $3 mil- bulkhead replacement). The Administration funding is critical to Amtrak’s sur- lion of the $400 million provided for the requested $4.2 million in FY 1998 to start the relocation project. However, the adjacent vival. For that reason, a tax provision discretionary bus and bus-related fa- waterway improvements funded by the Con- was included in the Taxpayer Relief cilities program. ference Report were not included in the Ad- Act of 1997 to provide Amtrak with a It earmarks all of the $800 million ministration’s request for this project and tax refund of $2.3 billion for capital ex- provided for the discretionary fixed are primarily aimed at benefitting private penses. guide way modernization program. users of the waterway, not the Coast Guard. The bottom line is Amtrak des- Although the legislation does not Encourages the Coast Guard to maintain a perately needs capital. According to mandate certain airport grants, the seasonal (April 15, 1998 to October 15, 1998) GAO, Amtrak must have the capital conference report and the Senate re- air facility at the Hampton, NY Air National Guard facility at Coast Guard expense. The funding that was provided in the Tax- port, in particular, urge priority con- Administration request did not include this payer Relief Act as well as what is pro- sideration for funding for several spe- provision. The Coast Guard previously an- vided through the normal appropria- cific airport development projects. I nounced plans to close its air stations in tion’s process. Without both Amtrak urge the Administration to adhere to Cape May, NJ and Brooklyn, NY and replace faces bankruptcy. its own established safety and capac- them with an air station in Atlantic City, NJ The language the conferees included ity-enhancement criteria in allocating as a cost-savings measure. in the fiscal year 1998 Department of discretionary airport grants and letters AVIATION Transportation conference report of intent. Bill Language would undermine the efforts Congress The FAA is bound to receive a great The bill includes legislative language reau- has already taken to give Amtrak the deal of guidance in this respect. How- thorizing the Aviation Insurance Program. capital funding it needs to survive. ever, if it becomes evident that discre- The authorizing committees in both the Mr. President, I fully intend to re- tionary grants are being used to satisfy House of Representatives and the Senate verse this provision as soon as the next political whims rather than the na- have approved reauthorization bills that make minor modifications to the program. opportunity arises. It is a clear viola- tional interest, I pledge to review the Floor action in the House and Senate is im- tion of the spirit and intent of the FAA’s discretionary authority in the minent. (Title I) budget agreement and of the tax bill context of the FAA reauthorization bill The legislation earmarks Federal Aviation signed into law in August. If this is not next year. Administration (FAA) Operations funds and reversed, I believe this provision may As I have said many times before, my mandates that the FAA provide personnel at be the final straw that finally breaks criticism of this earmarking process Dutch Harbor (AK) to provide real-time the financial back of Amtrak. should not be interpreted as a criticism weather and runway observation and other Mr. McCAIN. Mr. President, the Sen- such functions to help ensure the safety of of each of these projects. I recognize aviation operations. (Title III, Sec. 335) ate will vote today to adopt the con- that these projects may be beneficial, Conference Report ference agreement on the fiscal year and that several would merit full fund- 1998 transportation appropriations bill. The conference report earmarks $400,000 ing in an objective, competitive alloca- from the FAA Operations account for sat- As chairman of the Commerce Com- tion process. Nevertheless, Congress ellite communications in Anchorage (AK), mittee, I intend to support the meas- needs to give that process a chance. per Senate direction. ure, because it contains the funding for Mr. President, I ask unanimous con- The conference report earmarks $400,000 vitally important transportation pro- sent that the entire list of earmarked from the FAA Operations account for a grams. transportation projects be printed in human intervention and motivation study, However, once again, I am compelled the RECORD. As on prior occasions, I per Senate direction. to note the various earmarks and set- The conference report directs the FAA to plan to write to the President with a study air traffic in New Bern (NC), Hickory aside and low priority spending that is list of projects for him to consider in (NC) and Salisbury/Wicomico County Airport included in this package. exercising his line item veto authority. (MD), and to open contract towers at those This conference agreement contains There being no objection, the list was airports in FY 1998 if the studies show that legislation mandating specific actions ordered to be printed in the RECORD, as these airports (1) meet the existing benefit- and spending that the Administration follows: cost criteria for contract air traffic control towers, or (2) are justified after consider- either does not support or did not re- OBJECTIONABLE PROVISIONS IN H.R. 2169, CON- ation of cost-sharing agreements with non- quest. For instance: FERENCE AGREEMENT ON FISAL YEAR 1998 federal parties. The bill directs the Secretary of the TRANSPORTATION APPROPRIATIONS Navy to transfer the USNS EDENTON The report adopts the House recommenda- COAST GUARD tion of $15,000,000 for aeronautical data link (ATS–1), which is currently in inactive Bill language applications. The Administration requested status, to the Coast Guard. Withholds $34.3 million in Coast Guard op- no funds for this category. The legislation earmarks Federal erating expenses unless the Director, Office Per the House direction, the conference re- Aviation Administration [FAA] Oper- of National Drug Control Policy (ONDCP) port earmarked $45,440,000 for air traffic ations funds and mandates that the approves the Coast Guard’s planned drug management, $27,200,000 above the Adminis- FAA provide personnel at Dutch Har- interdiction activities to be funded by that tration request. bor, AK, to provide weather and run- $34.3 million. Allows ONDCP to transfer The conference report included $24,400,000 for the weather and radar processor program, way observations. some or all of those funds to other agencies. The Administration request included no such in line with the House recommendation. The The conference report goes on to Administration did not request funds for this highlight millions of dollars that ex- restriction on Coast Guard. Directs the Secretary of the Navy to trans- program. ceed the Administration’s request, and fer the USNS EDENTON (ATS–1), which is Like the House recommendation, the con- that are targeted for specific projects. currently in inactive status, to the Coast ference report earmarks $970,000 for innova- $8.4 million, for instance, is set aside Guard. The Administration request did not tive infrared deicing technology. There was for the relocation of Coast Guard Sta- include this provision. no Administration request for these funds. tion New Orleans, with $3 million of The conference report provides $152,830,000 Conference Report for continued development of the GPS wide that amount directed to improve the Earmarks $10.0 million to convert the area augmentation system, as proposed by adjacent waterway. Incidentally, I un- USNS EDENTON (ATS–1) to a flight deck the Senate. This amount is $51,300,000 above derstand that the adjacent waterway equipped Coast Guard cutter. This provision the Administration request. improvements are aimed primarily at was not included in the Administration’s The conference report earmarks $3,140,000 benefitting private users of the water- budget request. for the expansion and relocation of remote way, not the Coast Guard. Earmarks $4.0 million to renovate a hanger communications facilities. The Senate pro- The conference report earmarks all at the Coast Guard Kodiak, AK facility. This posed this amount, which is $1,700,000 above provision was not included in the Adminis- the Administration recommendation. intelligent transportation operational tration’s budget request. The conference report incorporates the test funds—nearly $84 million—for 41 Provides $8.4 million in FY 1998 for the re- House recommendation of $6,700,000 for the specific projects, even though the Ad- location of Coast Guard Station New Orleans Omega termination cost. There was no budg- ministration requested zero funds for and directs that $3.0 million of that amount et request for this item.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE October 9, 1997 The conference report includes $67,000,000 $21,540,000 provided for ‘‘aging aircraft,’’ Earmarks $700,000 for a new state pilot pro- for the replacement of terminal air traffic $3,000,000 is to go for direct support of the gram for States experiment with alternative control facilities. Both the House and Senate Aging Aircraft Nondestructive Inspection safety restraint bar devices on school buses. Appropriations Committees recommended Validation Center; $1,000,000 for aging air- The Intelligent Transportation System more than the $62,000,000 budget request. craft-related activities at the Center for Operational Testing Earmarks are: As did the House, the conference report al- Aviation Systems Reliability; $6,000,000 for $775,000 for an advanced transportation locates $27,600,000 for construction of the Po- the Airworthiness Assurance Center of Ex- weather information system at the Univer- tomac Metroplex, instead of the budget re- cellence; $1,500,000 to conduct research at the sity of North Dakota; $1 million for the Ari- quest of $2,600,000. Center for Intelligent Aviation Technologies; zona National Center for Traffic and Logis- The conference report sets aside $20,000,000 and $4,400,000 to further engine titanium tics Management; $1.5 million for commer- for the Atlanta Metroplex, $4,400,000 more component inspection. cial vehicle operations on I–5 in California; than the Administration requested, but The conference report earmarks $26,550,000, $1.55 million for the Cumberland Gap tunnel $5,400,000 less than the House proposed. above the Administration request of in Kentucky; $1 million for a toll collection The conference report earmarks $7,500,000 $10,737,000, for human factors and aviation system in Dade County, Florida; $875,000 for for airport surface detection equipment medicine. Of that amount, $500,000 is avail- a traveler information system in Franklin (ASDE–3). The Administration made no able only for additional research into assess- County, Massachusetts; $5.5 million for a budget request, although the House rec- ment, evaluation and development of train- freeway traffic management system in Mil- ommended $8,600,000. ing methodologies related to the English waukee; $1.5 million for Houston, Texas; $1.7 The conference report earmarks $11,600,000 language proficiency problem. million for a rural intelligent transportation for the airport movement area safety system Of the ‘‘explosives and weapons detection’’ system corridor in Wisconsin; $500,000 for (AMASS), which is below the House rec- account, $1,250,000 is earmarked for the con- Inglewood, California. ommendation, but well above the Adminis- tinued development of pulsed fast neutron $5.5 million for intelligent transportation tration budget request of zero. transmission spectroscopy technology. systems in Louisiana; $325,000 for a passenger The conference agreement includes funds SURFACE TRANSPORTATION information center at a convention center in of $10,000,000 above the budget request, per Philadelphia; $6 million for Minnesota the Senate, for the acquisition of additional The conference report reminds the Execu- Guidestar; $750,000 for a traffic guidance sys- automated surface observing systems. tive Branch that the best evidence of Con- tem in Nashville, Tennessee; $6 million for At the direction of the House, the con- gressional intent can be found in reports. National capital regional congestion mitiga- ference report earmarks $3,000,000 for The conference report specifically states tion; $1 million for an organization called LORAN–C upgrades, although the Adminis- that earmarks and instructions in the House National Institute for Environmental Re- tration did not make a request for this budg- and Senate reports that accompany the newal; $1.25 million for the I–90 connector at et item. Transportation Appropriations Act of 1998 Resselaer County, New York; $1 million for The Administration requested no funds for remain the intent of the conferees. Unless I–275 at St. Petersburg, Florida; $1 million precision approach path indicators. The con- otherwise discussed in the statement of man- for an advanced transportation management ference agreement earmarks $3,000,000, which agers, the House and Senate earmarks and system in Syracuse, New York; and $1 mil- is less than both the House and Senate rec- instructions stand. lion for the Texas Transportation Institute. ommendations. Earmarks all intelligent transportation Per Senate direction, the conference report operational test funds ($83,900,000) for 41 spe- $500,000 for intelligent transportation sys- earmarks $3,500,000 for anemometers and re- cific projects, including a convention center tems at Rte. 236/I–495 in Northern Virginia; lated equipment in Juneau (AK). The Admin- passenger information system to an emer- $1 million for the Western Transportation In- istration did not include a budget request for gency weather system. The Senate version stitute in Montana; $1.150 million for the this item. originally had 24 earmarks. Specific dollar Southeast Michigan snow and ice manage- The conference agreement allocated amounts are established for each and every ment system; $3.5 for intelligent transpor- $19,200,000 for sustaining and supporting elec- project listed. The Administration requested tation systems in Utah; $1 million for an trical power systems, $3,000,000 above the Ad- ZERO for intelligent transportation oper- intermodal common communications tech- ministration request, but less than the Sen- ational tests. nology project in Kansas City, Missouri; ate recommendation. Earmarks all but $3 million of the $1.875 million for intelligent transportation In line with the House recommendation, $400,978,000 provided for the discretionary bus systems in Reno, Nevada; $8 million for traf- the report earmarks $4,000,000 for a display and bus-related facilities program. The Sen- fic management new Barboursville, West system replacement simulator at the Mid- ate version originally had 87 earmarks, the Virginia; $600,000 for an advanced traffic America Aviation Resource Consortium conference report now has 118. The Adminis- analysis center at North Dakota State Uni- (MN). tration did not request any earmarked versity; $1 million for an emergency weather The conference report sets aside $12,100,000 projects for the discretionary bus and bus-re- system in Sullivan County, New York; of the ‘‘ARTCC building/plant improve- lated facilities program. $250,000 for the Urban Transportation Safety ments’’ funds for relocation of the Honolulu Earmarks all of the $800 million provided Systems Center in Philadelphia; and $1.1 for center/radar approach control, as proposed for the discretionary fixed guide way mod- toll plaza scanners in New York City. by the Senate. ernization program. The Senate version $1 million for the computer integrated The conference report directs the FAA to originally had 40 projects, the conference re- transit maintenance environment project at conduct a study to determine if the air traf- port now lists 65 projects. The Administra- Cleveland, Ohio; $1 million to the ATR Insti- fic control tower at the Tucson International tion requested $634,000,000, all of which was tute to conduct an intermodal technology Airport needs to be relocated to ensure the earmarked to fund the federal share of 15 au- demo project at Santa Teresa, New Mexico; continued safety of flight operations at this thorized projects or projects with regional $1 million for hazardous materials emer- airport. transit operator systems having Full Fund- gency response software for Operation Re- In the Research, Engineering, and Develop- ing Grant Agreements with the Federal spond; $750,000 for radio communication ment account, the conference report sets Transit Administration. emergency call boxes in Washington State; aside $21,258,000 for capacity and air traffic Conferees ‘‘encourage’’ FHWA’s central $1.250 million for a statewide roadway weath- management technology, above the Adminis- federal lands highway division to conduct an er information system in Washington; $1 mil- tration request of $9,108,000. engineering study of a landslide affecting lion for an I–95 multi-state corridor coali- The conference report provides $15,300,000 parts of a highway within the boundaries of tion; $9 million for truck safety improve- for weather research, above the Administra- Badlands National Park. ments on I–25 in Colorado; $2.2 million for tion request of $3,982,000. The conferees fur- Directs the Federal Railroad Administra- traffic integration and flow control in Tusca- ther directed that $500,000 of these funds be tion to support the implementation of short loosa, Alabama; $6 million for intelligent allocated to the Center for Wind, Ice and Fog term railroad operating and long term relo- transportation systems for the Pennsylvania (NH), $3,000,000 to Project SOCRATES, and cations between railroads and local commu- Turnpike Commission; and $1 million for $11,000,000 to the National Center for Atmos- nities, including Metaririe, Louisiana. cold weather intelligent transportation sys- pheric Research. Earmarks $17 million for life and safety tem sensing in Alaska. The conference report earmarks $49,202,000 improvements for the Pennsylvania station The Bus and bus-related facilities discre- for aircraft safety technology, in excess of redevelopment project in New York City. tionary program earmarks: the Administration request of $26,625,000. The Directs NHTSA to provide $100,000 to de- $25.5 million for Alabama projects (10 conferees further directed that of the velop a biofidelic child crash test dummy. projects); $5.5 million for Arizona

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10757 projects (2 projects); $38.4 million for Cali- transit project; $2 million for a transitway terns. With the Federal funds provided fornia projects (23 projects); $5.5 million for project in Orange County; and $31.8 million last year and over $1 million in local Colorado; $5.750 million for Connecticut (3 for Orlando’s Lynx light rail project. funds, the city has quickly moved for- projects); $1.5 million for Delaware; $20 mil- $500,000 for Pennsylvania’s Strawberry Hill/ lion for Florida (10 projects); $9 million for Diamond Branch rail project; $4 million for ward on project planning, land assem- Georgia (2 projects); $5 million for Hawaii; Phoenix’s metropolitan area transit project; bly and demolition of a deteriorated $4.5 million for Illinois; $4 million for Indi- $5 million for Pittsburgh’s airport busway adjacent building. Indeed, the State ana (2 projects); $4 million for Iowa (2 project; *$63.4 million for Portland-Westside/ legislature has approved $10 million to projects); $1 million for Kansas; $13.9 million Hillsboro project; $2 million for a project date for this important project. for Louisiana; $8 million for Maryland; $6 called Roaring Fork Valley rail; *$20.3 mil- I welcome the Conference Commit- million for Massachusetts (5 projects); $7.5 lion for Sacramento’s light rail transit million for Michigan; $10.5 million for Min- project; *$63.4 million for Salt Lake City’s tee’s support in the form of $2 million nesota (2 projects); and $2 million for Mis- South light rail transit project; $4 million in funding for the Urban Ring transit sissippi. for regional commuter rail in Salt Lake system in the Boston region. The need $16 million for Missouri (3 projects); $9.5 City; $1 million for San Bernardino’s for such a system arises from the million for Nevada (2 projects); $6 million for Metrolink project; $1.5 million for San strongly radial structure of Greater New Jersey; $7.750 for New Mexico (5 Diego’s Mid-Coast corridor project; *$29.9 Boston’s existing transit system. It projects); $34.325 million for New York (12 million for San Francisco’s BART extension consists of spokes emanating from the projects); $6 million for North Carolina (2 to the airport; *$15 million for San Juan downtown core to neighborhoods of projects); $12.5 million for Ohio; $3 million Tren Urbano; *$21.4 million for San Jose for Oregon (3 projects); $27.350 million for Tasman light rail transit project; $18 million Boston and cities and towns through- Pennsylvania (20 projects); $6 million for Seattle-Tacoma commuter and light rail out eastern Massachusetts. With an South Carolina (3 projects); $2.250 million for projects; *$30 million for St. Louis-St. Clair Urban Ring transit route, Massachu- South Dakota; $8 million for Tennessee; light rail transit project; $2.5 million for a setts will begin to link these spokes in $14.950 million for Texas (7 projects); $8.9 mil- St. George ferry terminal project; $500,000 for an arc around downtown, providing lion for Utah (5 projects); $2.5 million for commuter rail between Springfield & easier access to centers of economic Vermont (2 projects); $6.050 million for Vir- Branson, Missouri; $1 million for a regional ginia (4 projects); $19.5 million for Wash- growth outside the core and reducing rail project in Tampa Bay; $2 million for a congestion in the subway system by al- ington (12 projects); $16.250 million for West rail project in Tidewater, Virginia; $1 mil- Virginia (2 projects); and $14 million for Wis- lion for a rail project in Toledo, Ohio; $12 lowing commuters the opportunity to consin (2 projects). million for transitways projects in the Twin travel between home and workplace The Discretionary Fixed Guide way Ear- Cities; $2 million for commuter rail projects without the necessity of traveling into marks are as follows: Projects marked with at Virginia Railway Express; $2.5 million for the downtown area and back out again. an asterisk were requested by the Adminis- the Whitehall ferry terminal project; and $3 I appreciate the Conference Commit- tration million for the central commuter rail project *$44.6 million for the Atlanta-North tee’s continued strong support for the in Wisconsin. Springs Project; $ 1 million for the Austin Mr. KERRY. Mr. President, I would South Boston Piers Transitway Capital metro; *$46.250 million for Boston like to express my support for the con- project, a vital element in the Com- Piers MOS–2 project; $1 million for the Bos- monwealth’s State Implementation ton urban ring; $5 million for commuter rail ference agreement on H.R. 2169, the Transportation Appropriations bill for Plan required under the Clean Air Act. in Vermont; $2 million for a commuter rail The Transitway, expected to carry ap- project in Canton-Akron-Cleveland, Ohio; fiscal year 1998. I would like to express proximately 6.4 million riders annu- $1.5 million for the Charleston monobeam particular gratitude to the diligent ef- ally, will be integrated with the exten- rail project in South Carolina; $1 million for forts of Senator LAUTENBERG of New the Charlotte South corridor transitway Jersey who has a keen understanding sive network of transit, commuter rail, project; $500,000 for the Cincinnati Northeast/ of the need to modernize and upgrade and bus services now available at Bos- Northern Kentucky rail line project; $5 mil- ton’s South Station and will catalyze lion for a fixed rail line project in Clark the aging transportation infrastructure of the congested Northeast. I also want the development of the South Boston County, Nevada; $800,000 for a rail line exten- Piers area which has the highest poten- to thank Senator SHELBY of Alabama sion to Highland Hills in Ohio; $700,000 for a tial for development and job creation Cleveland rail line extension to Hopkins for his leadership this year on trans- in the City of Boston. International Airport; $1 million for a water- portation matters. front line extension project in Cleveland; $8 This bill is very important for Massa- I’m also pleased that the conference million for the RAILTRAN project in Dallas- chusetts and for the Nation. For Mas- report includes $875,000 for the Frank- Fort Worth, Texas; $11 million for the DART sachusetts, it contains funding for sev- lin County Visitors Information Sys- North central light rail extension project; $1 eral important projects. I am very tem. In western Massachusetts, many million for a light rail project in DeKalb pleased that the conference report pro- small, renowned cultural and historical County, Georgia; *$23 million for the Denver museums and attractions are spread Southwest corridor project; $20 million for vides $3 million for the Worcester an East Side access project in New York; $8 Union Station Intermodal Center. This over distances where the lack of an ef- million for the commuter rail project in facility, which has been recognized as a fective road system hinders potential Florida’s Tri-County area; $2 million for the model for both urban revitalization and visitors. The Franklin County Chamber Galveston rail trolley system project; $1 mil- transportation planning, will be situ- of Commerce, in conjunction with the lion for Houston’s advanced regional bus ated in a newly renovated Union Sta- University of Massachusetts at Am- plan project; $51.1 million for Houston’s re- tion and will provide convenient re- herst, hopes to develop a guidance sys- gional bus project; and $1.250 million for In- tem that makes use of the latest inter- dianapolis’ Northeast corridor project; gional access to commuter rail, Am- $3 million for an intermodal corridor trak, inter-city and intra-city buses, active kiosk technologies and mapping project in Jackson, Mississippi; *$61.5 mil- taxis, airport shuttles, bikes and pri- capabilities simultaneously to improve lion for Los Angeles’ MOS–3 project; *$31 vate passenger vehicles for Worcester the road network for western Massa- million for MARC commuter rail improve- County’s 710,000 residents. chusetts and enhance access to the ments in Maryland; $1 million for a regional I am also pleased that the report pro- multiplicity of community resources. rail project in Memphis, Tennessee; $5 mil- vides continued funding—$1 million in I support the Conference Commit- lion for a transit east-west corridor project fiscal year 1998—for the restoration of tee’s decision to provide greater fund- in Florida; $5 million for Miami’s North 27th Avenue project; $1 million for a corridor historic Union Station in Springfield, ing for Amtrak than the amount of project called Mission Valley East; $500,000 MA, as an active intermodal center. funding in the Senate bill. However, it for a Nassau hub rail link EIS; *$60 million Once restored, Springfield Union Sta- is my hope that the Senate and the for New Jersey-Hudson-Bergen project; *$27 tion will provide an essential gateway House will devote extraordinary efforts million for New Jersey Secaucus project; $6 to the Pioneer Valley to alleviate con- over the next few weeks to enact Am- million for New Orleans Canal Street cor- gestion and better serve the local and trak reauthorization legislation so ridor project; $2 million for New Orleans interstate bus and Amtrak passenger that the capital funding set aside dur- streetcar Desire project; $12 million for traffic which is growing by 9 percent ing budget reconciliation can be re- North Carolina Research Triangle Park project; $4 million for Northern Indiana annually. This facility will also help leased and spent. Only then will Am- South Short commuter rail project; $3 mil- connect the city’s two largest job dis- trak receive sufficient capital funding lion for Oceanside-Escondido light rail; $1.6 tricts which are currently divided by over the next several years. It is no se- million for Oklahoma City’s MAPS corridor disjointed traffic and development pat- cret that the year-to-year battles over

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10758 CONGRESSIONAL RECORD — SENATE October 9, 1997 capital funding for Amtrak have great- demands of the American public into two superpowers—we had the then So- ly inhibited Amtrak’s ability to oper- the 21st century. viet Union and of course the United ate an efficient, and financially stable In sum, taking the concerns I have States—and at that time we had pretty national passenger rail service. Con- voiced into account, I support this bill good intelligence on them, they had gress must act on this matter as soon because it approaches transportation pretty good intelligence on us, so I sup- as possible. spending from a national perspective, pose we would be overly critical if we I also support the Conference Com- and it strives to maintain and improve said there was just no justification for mittee’s decision to provide $4.8 billion the transportation infrastructure that that program, even though I personally in Federal transit assistance. Though is so vital to the economic well-being disagreed with it at that time. ISTEA has not yet been reauthorized, I of our Nation. I hope my colleagues Since that time, starting in 1983 in strongly believe that making invest- will join me in supporting it. Thank the Reagan administration, we have ment in public transportation a top you, Mr. President. elevated the debate that there is a priority will bear rich economic, social Mr. SHELBY. Mr. President, I have great threat out there and that threat and environmental dividends for the an agreement we have worked on which is from the many countries that now Nation. basically says that on some appro- have weapons of mass destruction. The Conference Committee is to be priate vehicle in the future I will work Over 25 nations now have those weap- commended for the fiscal year 1998 with Chairman STEVENS and other ons, either chemical, biological, or nu- Coast Guard budget. This budget rep- members to include a technical correc- clear weapons. The critics, those who resents a significant increase from fis- tion to this conference report to ac- would take that money and apply it to cal year 1997 funding and certainly rep- complish the following: social programs as opposed to defend- resents Federal dollars well spent. But At section 337(c) we will insert, after ing our Nation, use such titles as ‘‘star I must add that my enthusiasm is the words: ‘‘House and Senate Commit- wars,’’ and they talk about the billions somewhat tempered by my deep con- tees on Appropriations,’’ ‘‘and the Sen- of dollars that have been invested. Anyway, we are at a point right now cern regarding the current state of re- ate Committee on Commerce, Science, where something very interesting has source allocation and usage within the and Transportation.’’ happened just recently. That is, on this Coast Guard. The Coast Guard’s re- I am doing this at the suggestion of 25th anniversary, we have found that sponsibilities have grown with the Senator HUTCHISON from Texas, and we the Clinton administration, just about many new fisheries enforcement re- have agreed to this. 10 days ago, agreed to create new par- quirements that came with the passage Mr. President, at this time I will ties to the ABM Treaty. That would be of the Sustainable Fisheries Act last yield back the remainder of my time if Belarus, Kazakhstan, Ukraine, and year and continuing pressure in the the Senator from New Jersey will. Russia. This is going to have to come constant battle in the war on drugs. I Mr. LAUTENBERG. I yield the re- before this body. I think this is an op- am concerned that, in the effort to mainder of my time. portunity that we need to be looking cover all of these responsibilities, we Mr. SHELBY. I yield the remainder for, because all it would take is 34 Sen- may be making tradeoffs that may of my time. ators to reject this multilateralization come back to haunt us later. The PRESIDING OFFICER. All time As you well know, I represent a of the ABM Treaty. having been yielded back, the con- Right now we have a number of sys- coastal State that has a 200-year-plus ference report accompanying H.R. 2169 history of reliance on the Coast Guard. tems that we are putting into place to is agreed to. defend the United States of America, For that reason, I probably have a bet- The conference report was agreed to. ter understanding than many Senators both the national missile defense as Mr. ROBERTS. Mr. President, I ask well as a theater defense. Certainly, of the value of the Coast Guard to the unanimous consent that I may address with what is going on right now in Rus- citizens of our Nation that make a liv- the Senate for 12 minutes as if we were sia and Iran, the need for such a sys- ing in the coastal regions or on the in morning business. tem has been elevated in the minds of high seas. In fact, the Massachusetts The PRESIDING OFFICER. Without most Americans. coastal zone contributes 53.3 percent, objection, it is so ordered. We have right now, as we speak, 22 or $70.7 billion, to the state economy. (The remarks of Mr. ROBERTS per- Aegis ships that are floating out there Further, there are over 10,000 fishing taining to the introduction of S. 1284 in the ocean, already deployed. They families in New England that depend are located in today’s RECORD under have the capability of knocking down on the Coast Guard for their safety and ‘‘Statements on Introduced Bills and missiles when they are coming in. All are in fact viewed as their ‘‘real’’ Joint Resolutions.’’) we have to do is take them to the guardian angels. One of many concerns The PRESIDING OFFICER (Mr. upper tier, and we will have in place a that I have for these families is that KEMPTHORNE). The Senator from Okla- national missile defense system. Cer- with the recent catastrophic failure of homa is recognized. tainly that is something that could the New England groundfish fishery f take care of our theater missile needs. that our fishermen are traveling fur- THE ABM TREATY So several of us feel that we should go ther, in rougher weather, to catch ahead and conclude that is the system fewer fish. Additionally, because of the Mr. INHOFE. Mr. President, 10 days that we need. However, that does vio- personal financial hardship that has re- ago was the 25th anniversary of a pol- late, probably violates, the ABM Trea- sulted from the collapse of the fishery, icy in this country that was articu- ty, as it is in place today. So I believe I fear that they are cutting corners to lated in a treaty called the ABM Trea- we should take this opportunity that is save a dollar such as not outfitting ty. It was a treaty that many of us at there, when it comes before this body their boats and crews with the vital that time did not think was in the best for ratification, to reject this and safety equipment that are required by interests of this country. It was a trea- thereby kill the ABM Treaty, which law. I am concerned that we may cut- ty that came from the Nixon adminis- certainly is outdated. ting corners at their expense. tration, a Republican administration. By the way, it is interesting, the very We may be at a point where we need Of course, Henry Kissinger was the ar- architect of that treaty, Dr. Henry Kis- to stop and reassess the current condi- chitect of that treaty in 1972. singer, someone whose credentials no tion of the Coast Guard. As we con- Essentially what it did was say to one will question, even though they tinue to examine the Federal budget any adversaries out there that we will may question some of his previous pol- for those areas where cost savings can agree to disarm and not to be prepared icy decisions, Dr. Kissinger, who is the be achieved, we need to realize that to defend ourselves if you agree to do architect of the 1972 ABM Treaty, now there exists a point beyond which most the same thing. Some people refer to it says it is nuts to make a virtue out of Americans are not willing to go in as mutual assured destruction, a policy your vulnerability. He is opposed to order to save a dollar, and I believe we I certainly did not adhere to at the continuing the ABM Treaty at this are at a point where we need to take a time, did not feel was good policy for time. strategic look at the ability of the this country. However, there was an ar- So I hope we will take this oppor- Coast Guard to continue to meet the gument at that time, because we had tunity to get out from under a treaty

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10759 that imposes restrictions on our ability would neither make strategic sense (it would I don’t enjoy voting against a defense to defend ourselves and reject the up- not cover the entire United States from even budget. I am not running again, so I graded system, or the treaty, as it a limited attack) nor be justifiable from a am not worried about somebody accus- budgetary point of view (while estimates comes before us and take this oppor- vary widely, costs of this minimal system ing me of being soft on defense. That tunity to defend America. could be well over $10 billion), some missile has always been the mortal fear of We have an opportunity to get out defense proponents rationalized their sup- Members of the Senate when you are from under the restriction imposed port for it by claiming that the anti-defense voting on weapons system, that their upon us by the ABM Treaty. crowd would not object to this ‘‘treaty-com- opponent in the next election will ac- We have an opportunity to elevate plaint’’ deployment and that it would be bet- cuse them of being soft on defense. our Aegis system. ter than nothing. To date, however, all these We have an opportunity to defend ‘‘camel’s-nose-under-the-tent’’ schemes have Sometimes I think we should be ac- America. come to naught. cused of being soft in the head. We Such a system would create a basis for ad- passed a bill that contained $247.5 bil- After all, Mr. President, isn’t that dressing new-term missile threats and com- what we are supposed to be doing? plement space-based assets that may be lion for defense, and that did not in- I ask unanimous consent that a deci- needed in the future. The only problem is clude nuclear weapons and weapons de- sion brief from the Center for Security that the ABM Treaty prohibits such an af- velopment. That is all handled in the Policy be printed in the RECORD. fordable, formidable sea-borne defensive sys- energy and water appropriations bill. There being no objection, the mate- tem. It must no longer be allowed to do so. And it did not include military con- rial was ordered to be printed in the THE BOTTOM LINE struction, which is also in a separate RECORD, as follows: As it happens, the opening salvos in what bill. When you add those together, the A DAY THAT WILL LIVE IN INFAMY: 25TH ANNI- may be the endgame of the ABM Treaty appropriations for national defense fight were sounded this weekend at the first VERSARY OF THE A.B.M. TREATY’S RATIFI- total $268.2 billion. That is right up CATION SHOULD BE ITS LAST International Conservative Congress (dubbed by one participant ‘‘the Conintern’’). One there with what we spent in the cold (Washington, D.C.): Twenty-five years ago preeminent leader after another—including war. tomorrow, the United States ratified the House Speaker Newt Gingrich, former Brit- Anti-Ballistic Missile (ABM) Treaty; this If, in 1985, you had asked the Chair- ish Prime Minister Margaret Thatcher, once- Friday will mark the 25th anniversary of and-future presidential candidate Steve man of the Joint Chiefs of Staff, in- that Treaty’s entry into force. With those Forbes, former UN Ambassador Jeane Kirk- deed, if you had asked all the chiefs, acts, America became legally obliged to patrick, Senator Jon Kyl and nationally syn- ‘‘If the Soviet Union were to suddenly leave itself permanently vulnerable to nu- dicated columnist Charles Krauthammer— clear-armed ballistic missile attack. be dissolved and disappear, how much It is highly debatable whether such a pol- denounced the idea of making it still harder do you think we could cut the defense icy of deliberately transforming the Amer- to defend our people against ballistic missile budget,’’ I promise you the answer ican people into hostages against one means attack. Several, notably Senator Kyl and Mr. Forbes, have explicitly endorsed the would have been anywhere from $50 bil- of delivering lethal ordnance against them lion to $100 billion. Today the Soviet (in contrast to U.S. policy with respect to AEGIS option to begin performing that task. In an impassioned appeal for missile de- land invasion, sea assault or aerial attack) Union has been dissolved. It does not fenses as part of a robust military posture, made sense in 1972. It certainly does not exist anymore. The military forces of Lady Thatcher said yesterday: Russia are in shambles. And we are ap- today, in a world where the Soviet Union no ‘‘A strong defense, supported by heavy in- longer exists and Russia no longer has a mo- vestment in the latest technology, including propriating $268 billion—big, big fig- nopoly on threatening ballistic missiles or ballistic missile defense, is as essential now, ures. the weapons of mass destruction they can when we don’t know who our future enemy carry. What are we thinking about? There is may be, as in the Cold War era. And my not a major enemy in sight. How much THE REAGAN LEGACY friends, we must keep ahead technologically. Indeed, as long ago as March 1983, Presi- We must not constrain the hands of our re- do we spend? And who are we afraid of? dent Reagan dared to suggest that the searchers. Had we done so in the past, we Here is a little chart that I believe my United States might be better off defending would never have had the military superi- colleagues will find interesting. When its people against nuclear-armed ballistic ority that in the end, with the dropping of we appropriate $268 billion, we are missile attack rather than avenging their the atomic bomb, won the war in the Far spending twice as much as all of the deaths after one occurs. And yet, while Mr. East and saved many, many, lives, even eight potential enemies we could pos- Reagan’s address spawned a research pro- through it destroyed others. We must always gram that became known as the Strategic remain technologically ahead. If not, we sibly conjure up. Here is what the Defense Initiative (SDI)—into which tens of have no way in which to be certain that our United States spent, $268 billion; Rus- billions of dollars have been poured over the armed forces will prevail. And the research sia, $82 billion; China, $32 billion; and past fourteen years, the ABM Treaty re- and technology of the United States is sheer the six rogue countries, $15 billion. So mains the ‘‘supreme law of the land.’’ As a genius, and it always has been.’’ we spend twice as much as all of those consequence, the United States continues to With such leadership, there now looms a countries, twice as much as Russia, fail what has been called ‘‘the one-missile distinct possibility that the American people test’’. No defenses are in place today to pre- can finally be acquainted with the ominous China, Iran, Iraq, North Korea, Syria, vent even a single long-range ballistic mis- reality of their vulnerability and empowered Libya, Cuba combined. And when you sile from delivering nuclear, chemical or bio- to demand and secure corrective actions. add the NATO alliance, Japan and logical warheads anywhere in the country. Thanks to the Clinton ABM amendments and South Korea to what we are spending, This is all the more extraordinary since the new technical options for defending it comes to four times as much. The Republicans and like-minded conservatives America, we have both the vehicle for get- United States and its allies are now have generally recognized that such a pos- ting out from under an accord that was obso- ture has become not just dangerous, but also lete even in Ronald Reagan’s day and the spending four times as much for de- reckless in the ‘‘post-Cold War’’ world. In means for making good and cost-effective fense as virtually everybody else in the fact, one of the few commitments of the use of the freedom that will flow from doing world. ‘Contract With America’ that remains so. That is the macro overlook of what I unfulfilled was arguably among its most im- Mr. INHOFE. I yield the floor. think is terribly wrong with the way portant—namely, its promise to defend the Several Senators addressed the we are appropriating money. But with- American people against ballistic missile at- Chair. tack. Successive legislative attempts to cor- The PRESIDING OFFICER. The Sen- in that $268 billion, let me just tell you rect this breach-of-contract have all ator from Arkansas. some of the reasons I could not stom- foundered for essentially two reasons. ach it. Between 1998 and 2001, under f WHY ARE WE STILL UNDEFENDED? that bill, we are going to retire 11 Los First, most Republicans have shied away THE DEFENSE BUDGET Angeles class submarines that have an from a fight over the ABM Treaty. Some de- Mr. BUMPERS. Mr. President, about average of 13 years left on their lives. luded themselves into believing that the op- 10 days ago the Senate adopted the ap- What are we doing? When we appro- portunity afforded by the Treaty to deploy 100 ground-based anti-missile interceptors in propriations bill on defense. I sit on the priated the money to build Los Angeles silos at a single site in Grand Forks, North appropriations committee. I was one of class submarines, we were assured Dakota would allow the U.S. to get started five Senators who voted no. I think the these submarines were the best in the on defenses. Even though such a deployment bill passed 95 to 5. world and that they had a 30-year life.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE October 9, 1997 Everybody beat themselves on the build a new version of the Navy’s F–18 of the Soviet Union, ‘‘We’re going to chest and said isn’t that wonderful, we fighter plane called the F–18 E/F. It is build a fifth-generation fighter that’s are building submarines that have a 30- the most advanced version of the F–18 going to be superior to anything ever year life. So now we are retiring 11 of to date. Cost? Mr. President, $90 mil- built in the history of the world.’’ them that still have 13 years left on lion each. Number? Probably around That is all you have to do to get the their lives. Why? So we can build one 600. Pentagon’s attention. So the Air Force new attack submarine in fiscal 1998 at The Navy says, and the intelligence went to the drawing board and started a cost of $2.3 billion. community confirms, that the F–18 designing the F–22 to meet the threat You talk about penny-wise and fighter will be superior to any other of the Soviet Union and their fifth gen- pound-foolish; we are going to spend non-American fighter plane in the eration fighter. $3.4 billion for four DDG–51 destroyers. world through the year 2015. I repeat: What happened? The Soviet Union That is even one more than the Pen- The 500 to 600 F–18 E/F’s we are going went bankrupt, and the fifth genera- tagon requested. How are we going to to build will be superior to any non- tion remained on the drawing board pay for that? Well listen to how we are American fighter plane known in the where it is today, unless they have lost going to pay for it. First of all, I am of- world between now and the year 2015. it. What are we doing? We are getting fended because they are retiring a ship The Navy says it will provide air domi- ready to produce an airplane designed that Betty Bumpers is the chief spon- nance until the year 2020. I am for it. to compete with a plane that is still on sor of. We christened the CGN–41, a We are building it. It is a magnificent the drawing board in Russia and may guided missile nuclear ship, back in airplane. never come off the drawing board. 1979. That ship had a life expectancy of So what are we going to do now in The F–22 has virtually no ground-at- 38 years, and we are about to scrap it. the year 1998 to 2000? We are going to tack capability. They put a couple It is as modern as tomorrow. We are start building this F–22. Do you want bombs on it just so they could say it going to scrap it so we can build four to know the cost of that? Sixty-two has ground-attack capability. It is a good airplane. I am not arguing that. new DDG–51 class destroyers, to keep billion dollars for 339 airplanes. That You can build all kinds of airplanes the shipyards busy. We are retiring one comes to somewhere between $180 mil- that are good airplanes, but I want to of the most beautiful ships you will lion and $190 million each, which tell you something, while it has a good ever see, and it has 18 years left on its makes it precisely twice as expensive air superiority capability, in Desert life. as the most expensive fighter plane Storm and Iraq, we flew four times We are also retiring three Perry-class ever built in the United States. frigates that have 20 years left on their If we needed it, we might justify the more ground-attack flights than we did flights to achieve air dominance and life. What in the name of all that is cost. But if we don’t need it, we air superiority. Mr. President, this cold good and holy do we care what the life couldn’t justify it at any cost. An Air war relic should never have been built. Force official has said, ‘‘I promise you, expectancy of a ship is if we are going Finally, the argument that I thought to retire them in order to make room we will build these 339 planes for $61.7 I was going to finally win—I don’t win for some more ships? The first thing billion.’’ many arguments on defense. I don’t We just happened to be debating the you know, we will be building them know of anybody who ever tries to kill authorization bill for defense at that and retiring them before they go into a weapons system or bring some sanity time. I said, ‘‘OK, we’ll take you at service so we can keep the shipyards to defense spending that ever wins. I busy. your word. I can’t stop the plane, can only remember two or three weap- Then, Mr. President, there is the $331 which I would divinely like to do, but ons systems in my 23 years in the Sen- million in this bill for the B–2 bomber. we will hold you to your word. You say ate that we have ever stopped. They Let me say in all fairness, as long as you can build it for $61.7 billion. Let’s take on a life of their own, and the William Jefferson Clinton is President, put that in the bill, that you may not minute Congress starts looking at we are not going to start building B–2 spend more than that.’’ them, the manufacturers start running bombers. I heard him speak on that Do you know what? They are already full-page ads in every newspaper and subject. But what are we doing? We are hollering like a pig under a gate: ‘‘We magazine in the United States, giving saying, ‘‘Well, Mr. President, we know can’t live with it.’’ the American people the impression you don’t like the B–2, so what we’re So when you talk about a $190 mil- that we will be seriously threatened if going to do is give you $331 million to lion airplane, that is what they are we don’t build that particular weapons start building nine more B–2 bombers, saying today. Anybody who has been in system. but if you don’t want to do that, then the Senate as long as I have knows The one I thought I was going to win spend this money on spare parts on the they are not about to build that plane was to stop plans to backfit our Pacific ones we have.’’ for that. They already cut the number fleet submarines with new ballistic The Pentagon and the Air Force of planes because they faced a $16 bil- missiles. We have 10 Trident sub- didn’t ask for an additional $331 mil- lion cost overrun. marines in the Atlantic and 8 in the lion in spare parts, and we are not To proceed with the sequence, in the Pacific. The ones in the Atlantic are going to build the B–2. Why in the year 2005, we are going to start build- furnished with what we call the D–5 name of all that is good and holy are ing what we call the Joint Strike missile. A fine missile, very accurate. we putting $331 million in the budget? Fighter, and we are going to build It is the most modern, accurate bal- I come finally to the two items that about 2,800 of those. I happen to sup- listic missile we have. Our eight Tri- really burn me worse than any other port the Joint Strike Fighter because dent submarines in the Pacific are part of the budget. First, the F–22 it is going to be used by the Navy, the equipped with an older missile called fighter. When you start seeing full- Air Force, and the Marine Corps. It is the C–4. page pictures in the New York Times supposed to cost much less than $100 The C–4 is not quite as accurate as and the Washington Post and in Roll million each and be a state of the art the D–5. Do you know what the dif- Call and The Hill newspaper of this fighter plane. ference is, Mr. President? According to magnificent F–22 fighter, you can bet So why are we sandwiching this F–22 unclassified data from the Congres- your bottom dollar the full-court press fighter at a cost of $62 billion between sional Budget Office, the C–4 lacks hav- is on. I have no more ability to stop the F–18 and the Joint Strike Fighter? ing the accuracy of the D–5, and the ac- the F–22 fighter than I can keep the Why? Because the lobbyists have the curacy shortage is about 450 feet, or Earth from revolving. Once a plane power to make it happen, not because the distance from where the Presiding like that develops the kind of momen- we need it. It is a cold-war relic. Officer is sitting right now to where tum the F–22 has, nobody can stop it. You might ask, ‘‘Well, who dreamed the Speaker of the House is sitting Nobody can stop it no matter how fool- up the F–22?’’ I will tell you who down the hall. ish it is. dreamed it up. The Russians. Back When you consider the smallest war- Let me wedge the F–22 fighter for when the old Soviet Union kept us head that goes on these missiles, the you in between two other fighter from sleeping at night, they announced 100 kiloton W–76 warhead, would wipe planes. Right now we are beginning to in the early 1980’s, back in the heyday the District of Columbia completely off

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10761 the map, why, again, in the name of all going to deal with our transportation have the support of the entire industry, that is good and holy are we getting needs in the future, or every city in we will move to enact our legislation. ready to spend $5.6 billion to take the America is going to be in gridlock. It should be easier now because most of C–4 missiles off our Pacific fleet and re- In that connection, in putting that in the industry is already on board. place them with the D–5 missiles? Do the context of another burning issue Mr. President, today’s announcement you know why? Because the Navy around here called global warming, is an important step for safety and a wants it, and the Navy and the indus- those 200 million vehicles contribute 27 victory for families and children every- trial complex have the power to get it. percent of all the world’s greenhouse where. We should all be grateful. We had a serious debate in the appro- gases that the United States throws I thank you and yield the floor. priations committee on this, and as I into the stratosphere. Mr. D’AMATO addressed the Chair. started to say earlier, I thought I had When you think of what it is going to The PRESIDING OFFICER. The Sen- won that debate. I thought the com- cost to clean up all the Superfund sites ator from New York is recognized. mittee was agreeing with me. I thought in this country. To try to keep our f the committee agreed that it would be water and air clean, and when I looked TERRORISM the height of foolishness to retrofit at the kind of money we spend on de- those submarines in the Pacific when fense, so much of which is wasted, I Mr. D’AMATO. Mr. President, I the warheads and the missiles on them had to come to the floor to make this would like to speak to an issue which will last longer than the submarines. speech. confronts us nationally and which we, No question about it. I did not want to vote against the de- as a nation, seem to be ducking. I am So what are we going to do here when fense budget. I just simply say I talking about terrorism. I am talking the cold war has long since ceased to thought it was too much money. It was about the need for this country to exist? We are going to scare the life out a lot more than too much money. It stand up and be counted in its fight of the Russians by modernizing our was putting weapons systems in moth- against international terrorism when- ballistic missile submarine fleet and balls that have long lives left. It was ever and wherever it occurs. spend $5.6 billion that we could save buying weapons systems we do not Today, Americans are threatened by doing it. We may also keep the Rus- need. It was cold war mentality at its two very distinct but serious kinds of sians from ratifying START II. worst when the cold war is over. terrorism. The first is international Oh, I could go on and on about what Mr. President, I yield the floor. terrorism. an utter waste of money that is. Did Mr. KOHL addressed the Chair. Mr. President, I am proud of my ef- you know that those C–4 warheads I The PRESIDING OFFICER. The Sen- forts that helped to pass the Iran-Libya just described for you and the missiles ator from Wisconsin is recognized. Sanctions Act, a law designed to stop on which they sit will last longer than Mr. KOHL. Thank you, Mr. Presi- two renegade nations from having the the submarines? We are not even going dent. means necessary to finance inter- to backfit four of the submarines be- f national terrorism—by punishing those cause they are going to be retired be- companies who do business with them. CHILD SAFETY LOCKS fore the C–4 missile will have lived out The French oil company, Total, is try- its usefulness. Mr. KOHL. Mr. President, today ing to test our resolve. Total has So, Mr. President, I do, indeed, get eight of the largest gun manufacturers struck a lucrative oil deal with Iran. agitated about these things, and I get voluntarily agreed to include safety This company is thumbing its nose at frustrated. locks with every handgun they sell. I the United States. I believe it is incum- The people sent us here to do a job as rise today to commend the President bent upon us to remain strong in the best we see fit. and the gun industry for their historic face of these efforts to undermine our When I see the needs of this country, efforts. fight against terrorism. I call upon the when I see an educational system that This agreement addresses a very seri- French Government to join the fight needs to be fixed, when I see a planet ous problem. Every year, many hun- against international terrorism, not to threatened by environmental concerns, dreds of children die from accidental thumb its nose at the United States, and when I see us fighting over who is shootings and thousands more try to not to applaud the efforts of Total. going to get highway money to take take their own lives with guns. Encour- I believe that our laws must be en- care of the 200 million vehicles in this aging parents to use safety locks will forced and its strict sanctions must be country, I get frustrated. Mr. Presi- not save all of these young lives, to be brought to bear on Total. Every Mem- dent, do you know, just sort of digress- sure, but it will save many of them. It ber of this body, Mr. President, voted ing for a moment, when I was a young will make a difference. for the Iran-Libya Sanctions Act. marine in World War II, I remember This deal, however, would not have It is only when we see planes being seeing in one of the papers in Cali- been possible without the public outcry shot down, it is only when the victims fornia that we had 30 million vehicles over these tragedies and the growing and their families come and say, What on the road. momentum for bipartisan child safety are you doing? that we stand up and You know how many we have today? lock legislation. Our measure, which take action. Every Member of this Two hundred million. By the year 2050, lost by a single vote in the Judiciary body should be outraged that Total has at the rate we are going, we will have Committee this summer, requires the thumbed its nose at this ban. They did 400 million. Mother Teresa was the ex- sale of a safety lock with every hand- so deliberately. Its actions are an in- emplification of a woman who lived the gun. sult not only to this body but to all of consummate Judeo-Christian life, God Mr. President, in my opinion vol- the nations of the world who should be bless her soul, but she was fighting a untary action is always better than working together in a united front losing battle from the very beginning. Government regulation. For that rea- against terrorism. When she was a young novitiate, India son, when we entered into negotiations Fighting international terrorism re- had 250 million people. Today, they with gun manufacturers, we asked quires every nation to unite together, have almost 800 million. Mother Teresa them to take this dramatic step on and it requires that we remain reso- was fighting a losing battle. their own initiative. Today we are very lute. It requires that we put corporate The highway commissions in our re- pleased that most of the industry has greed and profits on the back burner. spective 50 States are fighting a losing responded so that 80 percent of all Many of our own companies are so wor- battle, too. They are trying to build handguns manufactured in the United ried about international profits. more highways, wider highways to ac- States will now be sold with child safe- But let me tell you, when terrorism commodate 30 percent of all the vehi- ty locks. But we will continue to push strikes here, when you see what takes cles in the world. Those 200 million ve- until the half million more handguns, place, then an aroused American public hicles in this country are 30 percent of including those manufactured abroad, gets us to do something. Only when we all the vehicles in the world. are also covered. see the bombing at the World Trade We are going to have to think dif- We will also continue to encourage Center—that is real; impacting people’s ferently and act differently if we are voluntary compliance, but until we lives—and when we see the Iranians

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10762 CONGRESSIONAL RECORD — SENATE October 9, 1997 and the Libyans give sanctuary to ter- see that we have tenure reform in order Mr. President, I suggest the absence rorists, only then will we maybe do to get those teachers who are not per- of a quorum. something. But then some say, Not forming, who are bad teachers out of The PRESIDING OFFICER. The when corporate profits get in the way. the classroom. clerk will call the roll. Or our allies may say, Oh, no, don’t do We need school choice so that par- The assistant legislative clerk pro- this, knowing that these are renegade ents can make educational decisions ceeded to call the roll. governments and countries who spon- instead of Government bureaucrats. Mr. CHAFEE. Mr. President, I ask sor terrorist attacks, who are respon- Finally, Mr. President, we have to unanimous consent that the order for sible for over 300 U.S. citizens being stand up to the teachers unions and the quorum call be rescinded. killed—and the Libyans were and they tell them to put our children first. Un- The PRESIDING OFFICER. Without now give sanctuary to two men who fortunately, the unions are more inter- objection, it is so ordered. have been indicted. ested in their perks and privileges than f No. Sadly, we have to do something. they are in providing a good education INTERMODAL SURFACE TRANS- I am very concerned that the adminis- for our children. PORTATION EFFICIENCY ACT tration will shirk its responsibility. Above all, we must get violent and Sadly, I also rise today to describe disruptive juveniles out of schools. I Mr. CHAFEE. Mr. President, yester- another kind of terrorism, Mr. Presi- want to see more power given to our day the Senate began consideration of dent. It is one that is too often seen school principals to remove violent ju- the Intermodal Surface Transportation but little done. It is one that per- veniles from the classrooms. We cannot Efficiency Act of 1997, or sometimes re- meates our Nation’s school systems, tolerate the kind of situation that is ferred to as ISTEA II. particularly inner-city schools. It is a taking place in more and more of our This legislation is the product of well terrorism in which violent juveniles schools in more and more of our cities over a year of hard work and careful prey upon good kids. And it has to to more and more of our children. negotiation. stop. Principals should have fast-track au- We had three different proposals, Mr. Just as we must be united and re- thority. You want to talk about fast- President, all commendable, and the main resolute in our fight against track authority for trade? Give our requirement before us was to integrate international terrorism, we must be principals fast-track authority to expel these different proposals into one uni- united and remain resolute in the fight gang members and other violent of- fied plan that all of us could rally at home. Once again, each and every fenders. That is what we really need to around. When I say us, I was, of course, one of us has a responsibility to stand be doing to help this country and to talking about the committee at the up and fight this terrorism to make a help the educational system. time, the 18 members of the Environ- difference. Business as usual is no Just like in the fight against inter- ment and Public Works Committee, longer acceptable. There is no more national terrorism, more pressure has but hopefully the entire Senate. When fundamental right in our democracy to be brought to bear on terrorism in I am taking about 18 members, I, of than the right of our children to have our schools. The fight against ter- course, am referring to Democrats and a good education. That requires that rorism in our schools must be a united Republicans. they be safe. That requires that a fight. The teachers unions, who op- I am pleased that the bill before the school be an oasis for learning. posed every commonsense reform, sure- Senate truly represents a consensus ef- Many people have asked me why I ly can agree with the notion that vio- fort with cosponsors from all regions of have taken such a public and out- lence in schools must be stopped. In- the country and from both sides of the spoken position as it relates to edu- stead of pushing for more pay and less aisle. The results of these efforts, so- cation reforms. New Yorkers may have work for teachers, the teachers unions called ISTEA II—ISTEA, again, refer- been shocked when they read yester- should join me and others in a united ring to Intermodal Surface Transpor- day’s newspapers of gang violence in effort to combat violence in our tation Efficiency Act of 1997—provides the public schools. schools. $145 billion over the next 6 years for I point to those headlines. ‘‘Probe That is why I have been standing up our Federal highway, highway safety, Rips Principals for Turning Blind Eye to those who ask the question, ‘‘Why and other surface transportation sys- to the Gangs.’’ The story in the New do you talk about this?’’ We have had tems. York Post turns to the issue of the debates about educational reform and Mr. President, this is a 20-percent in- gangs which have taken over schools. getting more money directly to the crease for the Federal aid highway pro- The Daily News: ‘‘Fear Stalks Hall- District so they can spend it on stu- gram over the level provided in the ways as Hoods Take Over.’’ One stu- dents, not bureaucrats. We have had original ISTEA, which stretched from dent says that he feels at times safer— debates about giving parents choice so 1991 to 1997 a, 6-year bill. This bill pre- safer—in dangerous neighborhoods at they can give their kids an opportunity serves and builds upon the laudable night than he does walking in the hall- to receive a quality education. But let goals of intermodalism, flexibility, and ways. me say something. In every one of efficiency, all of which goals were We are not talking about violence in those situations we have seen the found in the original ISTEA legisla- streets and alleys. This violence is tak- teachers unions come down and oppose tion. ing place inside our schools, which this. They are against merit pay. They It does so within the parameters of should be sanctuaries to our children. are against getting bad teachers out. the balanced budget agreement that That means that the real victims are They want to ensure lifetime con- Congress passed just 2 months ago, Mr. our children. Just as we must stand up tracts. They are interested in perks President. In my view, the most impor- to Total and other companies who give and privileges. tant aspect of this bill is that it works aid and comfort to international re- By gosh, for one time, join with us within the context of a balanced budg- gimes, we must stand up to the ter- and see to it that we have meaningful et. We were given x amount of dollars, rorism that is occurring in our class- reforms so that we can fast track vio- we stayed within that x amount of dol- rooms. We must get violent and disrup- lent students out of the schools, so lars. I feel very strongly about that, tive juveniles out of the classrooms so that good and decent kids have an op- Mr. President. good kids can learn. We need funda- portunity to have a good education, so On the Nation’s highways you get to mental sweeping reforms throughout that children can learn in safety. where you are going by staying within our educational system. Mr. President, I do not think there is the lines and playing by the rules. The In addition to getting violent and a more important fight against ter- budget is no different. I am very proud disruptive juveniles out of the class- rorism that we can and must and that the program that we brought out rooms, Mr. President, we need to give should win than that which confronts of the Environment and Public Works merit pay to the outstanding teachers, our children every day, unfortunately, Committee, so-called ISTEA II, stays those who are dedicated, those who in too many of the schools throughout within the parameters of the balanced want to make a difference and those this country. budget, a budget, as I say, we only who do make a difference. We have to I yield the floor. adopted 2 months ago.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10763 S. 1173 addresses the concerns of the creased by more than 2,000 deaths a ties, billboard removal, historic preser- State by making the program easier to year while the annual national injury vation, and rails-to-trails program. understand and by providing greater rate increased by over 38,000. We must In addition to CMAQ and enhance- flexibility to States and localities. It work vigorously to reverse this trend. ments, the ISTEA II bill establishes a reduces the number of ISTEA program This bill will help us to do so. new wetland restoration pilot program. categories. Under the existing ISTEA The funds set aside for safety pro- Why are we doing this, spending high- legislation there are five categories grams such as hazard elimination, rail- way money to restore wetlands? We are that we drop to three. It includes more roads, highway crossings under this doing it to fund projects to offset the than 20 improvements to reduce the bill total $690 million a year, 55 percent loss or degradation of wetlands result- red-tape involved in carrying out over the current level increase. Accord- ing from Federal aid transportation transportation projects. Moreover, this ing to the National Highway Safety projects. There is no question that all bill significantly reforms the ISTEA Traffic Administration, the use of seat- kinds of wetlands have been lost across funding formulas to balance the diverse belts is by far the most important step our Nation over the last 25 to 30 years needs of the various regions of the Na- vehicle occupants can take to protect as a result of the construction and the tion. Forty-eight of the 50 States share themselves in the event of a collision. resulting damage to our wetlands. in the growth of the overall program Wearing a seatbelt increases a person’s When it was enacted in 1997, ISTEA and the bill guarantees 90 cents back chance of surviving a crash by 45 per- expanded the focus of the national pol- for every dollar of State moneys con- cent, and of avoiding serious injury by icy, transforming what was once sim- ply a program for building roads and tributed into the highway trust fund. 50 percent. Think of that—by simply bridges into a surface transportation This is a very, very significant ad- wearing a seatbelt, one’s chances of program dedicated to the mobility of vancement and change from the ISTEA avoiding serious injury are increased passengers and goods. Mr. President, I legislation currently on the books. by 50 percent, chances of surviving a call your attention to the very name of Now, this ISTEA II recognizes the di- crash are increased by 45 percent. To this program. This is not a highway versity and uniqueness of the country encourage the increased use of seat- bill. This is a surface transportation ef- and all its transportation needs. The belts, the bill before us establishes a aging infrastructure and congested ficiency bill. So we do more than just new safety belt incentive program re- focus on highways. The purpose is to areas of the Northeast, the growing warding those States that increase move people and goods in the most effi- population and capacity limitations in their seatbelt usage or take other cient manner possible. S. 1173 con- the South and Southwest, and the rural measures to increase seatbelt use. tinues this spirit of intermodalism by expanses in the West, all of these re- To combat the serious problem of extending the eligibility of the Na- quire different types of transportation drunk driving, the ISTEA bill estab- tional Highway System and surface investments. By making the surface lishes a new program that encourages transportation programs to passenger transportation program more respon- States to enact laws with maximum rail such as Amtrak and magnetic levi- sible to all regions of the country, S. penalties for repeat drunk driving of- tation systems. 1173 will ensure that the integrity of fenders. The statewide metropolitan planning the original ISTEA program is upheld. As valuable as transportation is to provisions of ISTEA have yielded high- Now, Mr. President, to bridge the gap our society, we have to remember, Mr. way returns by bringing all interests to between limited Federal funds and for- President, yes, transportation obvi- the table, and increasing the public’s midable infrastructure needs, this bill ously is valuable to our society, but it input into the decisionmaking process. makes a strategic investment in the has taken a tremendous toll on the Na- ISTEA continues to strengthen the Nation’s transportation system. Dur- tion’s air, land, and water. The costs of planning provisions of the original leg- ing the 1950’s and the 1960’s it made air pollution alone that can be attrib- islation. Admittedly, the transition more sense for the Nation to build— uted to cars and trucks has been esti- from old policies and practices to those that is what we were concentrating on, mated to range from $30 to $200 billion embodied in ISTEA has not always building an interstate system. Today a year. been easy. The bill before the Senate we need to be more creative. We must ISTEA II upholds the original ISTEA will carry forward ISTEA’s strengths, carefully plan and allocate our limited legislation, strong commitment to pre- but it will also correct ISTEA’s weak- resources. serving and protecting our environ- ness and provide a responsive transpor- ISTEA II includes a number of inno- ment. ISTEA provides States and local- tation program to take us into the vative ways to finance transportation ities with tools to cope with the grow- next century. projects. It establishes a Federal credit ing demands on our transportation sys- Now I would like to turn, if I might, assistance program for surface trans- tem and the corresponding strain on to an issue of great concern. Over the portation. This new program leverages our environment. past few days there has been some dis- limited Federal funds by allowing up to I am proud that the bill before the cussion of the distressing prospect of $10.6 billion Federal line of credit for Senate increases funding for ISTEA’s going around the balanced budget transportation projects at a cost to the key programs to offset transportation’s agreement to increase funds for the Federal budget of just over $500 mil- impact on the environment. Clearly, Federal aid highway program. Some lion—in other words, for half a billion all these automobiles and trucks on Members of Congress are trying to en- we are able to leverage up to $10.6 bil- our roads contribute to a strain on our sure that the 4.3-cent gas tax, which is lion of a Federal line of credit for environment. what the tax reconciliation redirects transportation projects. ISTEA II provides an average of $1.18 into the highway trust fund, actually To enable States to make the most of billion per year over the next 6 years is spent on highways. Although I sup- their transportation dollars, this bill for the so-called congestion mitigation port increased funding for transpor- expands and simplifies the State infra- and air quality improvement programs, tation, I cannot support the propo- structure bank program. One of the also known as CMAQ. This is an 18-per- sition of spending the 4.3-cent gas tax. wisest transportation investments we cent increase over the current funding Let me add that transportation near- can make is to do everything we can on levels for transit improvement, shared ly fares better than every other na- behalf of the safety of drivers and pas- ride services, and other activities to tional program in the Federal budget sengers. ISTEA II substantially in- help fight air pollution. Over the past 6 resolution. From 1997 through the year creases the Federal safety commit- years, the transportation enhancement 2002—the 5-year budget period which ment. In the United States alone there program has offered a remarkable op- deals with highways—the budget reso- are more than 40,000 fatalities and 3.5 portunity for States and localities to lution increases transportation spend- million auto crashes every year. Those use their Federal transportation dol- ing by almost 7 percent. In contrast, are staggering statistics—3.5 million lars to preserve and create more liv- other nondefense discretionary pro- automobile crashes every year, and able communities. ISTEA II therefore, grams increase by roughly 2 percent. In 40,000 deaths on our U.S. highways per provides a 24-percent increase in fund- other words, transportation will grow year. Between 1992 and 1995 the average ing for transportation enhancements at a rate of three times that of other national highway fatality rate in- such as bicycle and pedestrian facili- nondefense discretionary programs.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE October 9, 1997 It is imperative that we look at Henry Clay, and the internal improve- And with the experience of 6 years be- transportation funding in the context ment program of the 1820’s, which in- hind us, I believe we have made a good of countless other important legisla- volved postal roads and canals—we product even better. tive priorities of Congress. During the have recognized how important it is to This bill will give us a transportation consideration of the bill before the put some money into a system that program that meets four basic criteria. Senate, Senators WARNER, DOMENICI, works for everyone. First, it will meet our economic needs. and I plan to offer an amendment that Montana wheatgrowers bringing Second, it will use the most up-to- will resolve the issue of potential budg- their produce to the mill; manufactur- date technologies and helps develop et surplus in an orderly manner ers shipping goods across the country; new ones so highways are easier and through the budget process next families driving off for a weekend in travel is safer. Third, it will remember spring. Determining what the Nation’s the mountains—all need a safe, effi- small communities as well as broad na- priorities are during the budget process cient transportation network. tional needs. And fourth, it will be fair when all programs and policies can Today, we benefit enormously from to all parts of the country. Finally, it will be administratively compete fairly is a responsible way to the work President Eisenhower began simpler. Today we have 11 categories of resolve this complex issue. with the Interstate Highway System in Before I conclude, I want to express the 1950’s. We have the largest trans- funding. With the new bill we will have five: the Interstate/National Highway my appreciation to Senators WARNER portation system in the world. And we System, the Surface Transportation and BAUCUS and other members of the need the money to keep it the best Program, the Congestion Mitigation environment committee for their hard transportation system in the world. and Air Quality Program, and two eq- work and determination in developing We enjoy the premier system of high- uity accounts. Let me explain each one this program. ways—the 45,000 mile Interstate Sys- As I mentioned, Mr. President, this tem—and almost 4 million miles of of these in turn. came out of the committee by a vote of other roads. Our 265 million people THE INTERSTATE/NATIONAL HIGHWAY SYSTEM 18–0, Democrats and Republicans alike drive over 2.4 trillion miles each year— When Congress enacted the original supporting it, those from the West, the about half the distance from Earth to ISTEA legislation in 1991, it was with Midwest, the South, the Southeast, the the nearest star. the clear understanding that the Inter- And transportation investment Northeast, all supported it. Transpor- state System was complete and the means jobs. We create over 42,000 jobs tation is not a partisan issue as much interstate era was over. It was not with each $1 billion of Federal trans- time to recognize the importance of a as it is a regional issue. Senators WAR- portation spending. And let’s not for- larger network of roads and bridges in NER, BAUCUS, and I represent three dis- get that these are good jobs. Jobs that this country. tinct regions of the country with very support families throughout the Na- Since the inception of the Interstate different points of view. It has not been tion. System in the 1950’s, things have easy and we still have a way to go be- So that is why we need to make the changes around the country. No longer fore reaching the finish line. investment in a national transpor- is the Interstate the only system of I look forward to working with other tation program. And this bill rep- roads that connect businesses to mar- Members of the Senate as well as the resents policy choices that will serve kets and jobs to homes. It is now a House leadership to enact a bill this the Nation well. larger system, the National Highway year that will take the Nation’s trans- That much driving means the roads System or NHS. portation system into the 21st century. need a lot of fixing. The Department of In 1995, Congress formally approved The PRESIDING OFFICER. The Sen- Transportation estimates that we will this transition—a transition from the ator from Virginia. need almost $50 billion a year just to interstate era to the National Highway Mr. WARNER. I recognize others are maintain current conditions on our System era—when it approved the Na- seeking recognition but I would like highways. And we need almost $9 bil- tional Highway System Designation first to thank my distinguished chair- lion each year just to maintain current Act of 1995. man because this bill represents the ef- bridge conditions. The National Highway System is a forts brought about by his leadership, Finally, transportation investment system of almost 170,000 miles or roads together with my distinguished col- comes with its own benefits. As hear- and bridges—including the 45,000 mile league, our ranking member, Senator ings before our Environment and Pub- Interstate System—that carries the BAUCUS. lic Works Committee show, transpor- vast majority of our commercial and Mr. BAUCUS. Mr. President, I am tation is one of the largest sectors of passenger traffic. NHS roads provide pleased today to join Senators CHAFEE our economy—accounting for nearly 11 access to rural and urban areas. These and WARNER in bringing the Inter- percent of our gross domestic product. roads connect our homes to our jobs, modal Surface Transportation Effi- Only housing and food account for our farms to markets, and ultimately ciency Act of 1997 to the floor. more. our export products to their overseas What will the bill do? It will help this ISTEA AND ISTEA II markets. Nation meet its growing transpor- ISTEA II builds upon the successes of So it is only appropriate that under tation demands. It will help reduce its predecessor, the ISTEA legislation ISTEA II we devote the majority of re- congestion. Make highways safer. of 1991. Authored by my colleague from sources to the maintenance and im- Make our economy more efficient. Ease New York, Senator MOYNIHAN, that provement of the National Highway travel for businesses, farmers, and fam- landmark law has helped create a truly System. Under the bill, we will spend ilies on vacation. Develop new trans- seamless, intermodal transportation almost $12 billion a year on these portation technologies for a new cen- system. Air and seaports link easily roads, at least $6 billion of that going tury. And protect our environment as with roads, railways and transit, mean- directly to maintain the Interstate we do it. ing that travelers lose the least pos- System roads and bridges. WHY SPEND THE MONEY? sible time making connections and And while we have eliminated the The bill before us today, ISTEA II, is businesses move their goods as cheaply current bridge program, we have folded a very big commitment. It will provide and efficiently as possible. it into other categories. States will re- over $145 billion for highway and high- Likewise, our transportation pro- ceive over $4.2 billion under bridge ap- way safety programs over the next 6 gram is flexible. States and local gov- portionment factors and will have to years. That is an increase of more than ernments choose transportation spend at least what they are spending 20 percent from the funding of today. projects that meet their diverse needs. today on bridges. This will ensure we And some may ask why we do it. Why States can build highways, transit fa- continue to make improvements in the should we invest billions of dollars cilities, bikepaths, pedestrian walk- condition and performance of our each year in transportation? ways, and interomodal facilities— bridges. Mr. President, the reason is simple. A whatever fits the needs of Montanans SURFACE TRANSPORTATION PROGRAM good transportation system makes life or New Yorkers or Californians best. Second, the present Surface Trans- better for everyone. For many years— Mr. President, the bill before us, portation Program or STP will con- really, since John Quincy Adams, ISTEA II, continues along that path. tinue in the new highway program at

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10765 an annual funding level of $7 billion. this is a bill that provides funding for struction, highway safety, and research The STP is a flexible funding category States to maintain and improve their programs. It provides $145 billion over 6 that provides for all types of transpor- highway systems. years and meets the requirements of tation projects, and is particularly val- States in the densely populated the Balanced Budget agreement. uable for small towns and communities Northeast region have an aging infra- Our funding level of $145 billion is 20 with innovative ideas. structure in need of repairs. The bill percent greater than the $120 billion It allows new construction and, im- recognizes these needs by using for- funding level provided in ISTEA I. provements to current highways; but mula factors such as vehicle miles Our funding level of $145 billion ex- also bikepaths, pedestrian walkways, traveled or vmt. Vmt measures the use ceeds the funding level of $135 billion transit capital projects, transportation or wear on your roads. The bill also proposed in the administration’s enhancement projects, rail/highway continues to provide funding for defi- NEXTEA bill. crossing safety improvements, and haz- cient bridges—a very important com- Mr. President, along with my strong ard elimination projects. ponent of the transportation system in working partner, Senator BAUCUS, I CONGESTION MITIGATION AND AIR QUALITY the Northeast region. have worked throughout the year for Third, we will continue to improve And for fast-growing, so-called donor higher funding levels for our Nation’s air quality and reduce congestion States, the bill uses formula factors surface transportation programs. around the country through the Con- that take into account this growth. Unfortunately, our amendment to gestion Mitigation and Air Quality The vmt factor that I mentioned above the budget resolution earlier this year Program or CMAQ. One of the key fea- is an example, since it measures how failed by one vote. Later, during the tures of the original ISTEA legislation much people are driving in your State. conference on the budget resolution, was the link developed between the en- But the bill goes even further. Senator BAUCUS and I, along with 83 vironment and transportation. The The bill uses contributions to the other Senators, urged the conferees to CMAQ Program is that link. highway account of the highway trust raise the allocation to the highway CMAQ provides funds to nonattain- fund as a formula factor. And of the program so that a portion of the 4.3- ment areas so they may undertake amount apportioned to the States, cent Federal gas tax could be spent. projects to improve their air quality. every State will receive at least 90 per- Regrettably, these efforts were not The past 6 years have demonstrated cent of its share of contributions to the successful. As such, I accepted the deci- the benefits of such investments. highway trust fund. sion of the Senate and our commit- CMAQ projects have contributed to And let’s not forget that his bill is ment to the American people to bal- many areas reaching attainment and not just about highways. In the coming ance the Federal budget by the year have improved traffic flows to reduce days, the Banking Committee will add 2002. With the spending limitations set in congestion. their title to this bill to reauthorize the mass transit program. Over $24 bil- the balanced budget agreement, Chair- TRANSPORTATION TECHNOLOGY lion has been authorized for those pro- man CHAFEE, Senator BAUCUS and I Fourth, as well as improving the grams by that committee. drafted a six-year reauthorization bill physical infrastructure, the bill before So as my colleagues decide whether that complies with the budget agree- us today funds new research and de- or not to view the highway formulas as ment. ployment of transportation tech- fair or not, I urge them to examine this Mr. President, it is also critical that nologies in rural and urban areas. bill in its entirety. Because many the Congress move forward to enact a Technologies, such a the Intelligent States receive large sums of funding 6-year, comprehensive transportation Transportation System or ITS tech- for their mass transit programs, while bill. Not a 6-month bill as some in the nologies, will increase the capacity of others rely solely upon highway fund- other House are advocating. existing transportation systems with- ing to meet their transportation needs. Our State and local transportation out having to add new lanes. ITS also CONCLUSION partners deserve nothing less. Due to increases safety on our roads by pro- In sum, we have a good product that the significant length of time required viding information to the traveling will help the country. It will update to plan and design any transportation public about roadside hazards, weather and improve an already excellent high- project—an average of 7 years—our conditions, and alternate routing. way program. And we should not wait. states, our Government, and their re- These technologies will improve safety Some suggest that we should do only spective highway authorities must be and the environment. a 6-month extension of ISTEA, hoping able to efficiently respond to transpor- In the past 25 years, together with for more transportation funding in the tation demands. seatbelt and drunk driving laws, earlier future. Both Senator WARNER and I be- Mr. President, in bringing this bill versions of these projects have helped lieve we need more funding. But wait- before the Senate, I urge every member to reduce the rate of fatal automobile ing will not guarantee that we get it, to examine the bill in its entirety and accidents by more than half, from 44.5 and it will come with its own cost. to evaluate its provisions on the merits deaths per 100,000 registered vehicles in States and local governments must of balance and fairness. 1972 to 21.2 last year. The new program plan for the future, and to do so they Those are the two principles that will build on this remarkable success need to know that we will not be guided my efforts in the drafting of to help keep our highways the safest in changing the rules every 6 months. The this bill. the world. lack of a long-term transportation pro- I am well aware that every Senator FAIR FUNDING FORMULAS gram will mean chaos and uncertainty may not be entirely pleased with this Finally, fairness. Policy is very im- across the country for government, bill. Most of the concern rests, not portant in its own right; but it is also businesses, agriculture, and citizens. with the substantive measures, but important that every part of the coun- So I believe we should get the job with the level of funding. I am con- try sees the benefits. And that is what done. We have known for 6 years that vinced, however, that overall we bring we do. ISTEA would expire in 1997. And I be- to the Senate a bill—that addresses the Our bill recognizes the diverse trans- lieve the bill we bring to the floor mobility demands of the American peo- portation needs of the country. For today will serve the Nation well. I hope ple and the growing freight movements large, sparsely populated States, the it will get the Senate’s support. of American goods;—that will continue bill recognizes their dependence upon Thank you, Mr. President, and I yield to ensure America’s competitiveness in highways. the floor. a one-world market; and that, for the In Montana, for example, we do not Mr. WARNER. Mr. President, I am first time, provides a fair and equitable have mass transit, we do not have large pleased to bring before the Senate for return to every State based on the seaports. We rely upon our highways to consideration S. 1173, the Intermodal amount of funds we spend. Every State get from place to place. So the bill uses Surface Transportation Efficiency Act will be guaranteed 90 percent of the formula factors that recognize the ex- of 1997, or ISTEA II. funds we send to the States based on tent or size of a State’s highway sys- ISTEA II is a 6-year bill that reau- each State’s contributions to the high- tem. That only makes sense. After all, thorizes our Nation’s highway con- way trust fund.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE October 9, 1997 How much will each State get at a due. This legislation uses indicators designed to address concerns of donor minimum under this bill? Let me de- that measure the current needs of our States—that have not worked. ISTEA scribe this calculation as there are transportation system. Many of the II provides for two simple adjustments. many different ways to explain the 90- factors used to distribute funds are First, for donor States and small percent guarantee. consistent with the alternatives identi- States to provide them a minimum Let’s start first with what each State fied in GAO’s 1995 report entitled, share of funding. The second, to pro- sends to Washington to the highway ‘‘Highway Funding, Alternatives for vide a transition for States based on trust fund. Distributing Federal Funds.’’ part of their ISTEA funding. Under the formula, each’s State’s These indicators are standard meas- The committee bill also includes share of contributions to the highway urements of lane miles which represent many revisions to Federal highway trust fund each year is calculated. the extent of the system in a State, ve- procedures to streamline the complex Then, that percent is compared to hicle miles traveled which represent process of Federal reviews of State the percent share each State receives the extent of congestion, and struc- projects. It is my very strong hope that under the formula. tural and capacity deficiencies of our these provisions will enable our States If necessary, the 90-percent minimum Nation’s bridges. to improve project delivery—the time guarantee is applied to any State Using current measurements of our it takes for a project to move from de- whose percent share under the formula transportation system were called for sign to construction to completion. is below their 90-percent share of con- in every major reauthorization bill in- Today, it takes on average 7 years to tributions to the highway trust fund. troduced this session—including the complete a project. We must provide For those States, the 90-percent administration’s NEXTEA bill, STEP– our States with the tools to do better. guarantee, will ensure that each 21, STARS 2000, and ISTEA Works. I believe many provisions in this bill State’s percentage return under the For those of my colleagues who do will free them from Federal redtape formula is adjusted upward to equal not believe their States should see a which has delayed many projects. their 90-percent share of contributions change in their share of transportation Mr. President, those are some of the to the highway trust fund. funds from what they have previously important highlights of the committee I want to thank Senator CHAFEE and received, I simply respond that we bill. Senator BAUCUS, and all the members must move forward and update our for- I look forward to the Senate’s consid- of the committee for their contribu- mulas to ensure that our national eration of this bill and will work with tions, in developing a compromise bill transportation program responds to my colleagues to resolve as many that represents a balance among the 50 the many needs across our Nation. amendments as possible. States. In revising these funding formulas, I Mr. BYRD. Mr. President, this re- This legislation is the product of believe we have made significant quest has been cleared with the distin- months of spirited discussions. progress to address one of the major guished Republican leader. It is a compromise that addresses the shortfalls of ISTEA—namely, providing I ask unanimous consent that I, Sen- unique transportation needs in the dif- every state a fair return based on their ator GRAMM, Senator WARNER, Senator ferent regions of the country—the con- contributions to the highway trust BAUCUS, not necessarily in that order, gestion demands of the growing South fund. may have as much as a total, if needed, and Southwest, the aging infrastruc- Our bill today ensures fairness. Every of one hour among us to discuss an ture needs of the Northeast, and the State will receive a minimum guar- amendment which we are going to offer national transportation needs of the antee of 90 percent of the funds appor- at a later date. rural West. tioned to the States equal to 90 percent The PRESIDING OFFICER. Is there In putting together this bipartisan of their contributions to the Highway objection? and comprehensive measure, great care Trust Fund. Mr. CHAFEE. Just a question, if I was taken to preserve fundamental This guarantee is very different from might. In other words, you would start principles of ISTEA I that worked well. the so-called 90 percent minimum allo- now and go until 5:15? ISTEA II upholds and strengthens cation in ISTEA I. Mr. BYRD. Yes. ISTEA’s laudable goals of mobility, ISTEA II provides a real and true Mr. CHAFEE. Thank you. intermodalism, efficiency, and program guarantee of 90 percent of the funds The PRESIDING OFFICER. Without flexibility. distributed to the States. The min- objection, it is so ordered. We were committed to continuing imum guarantee is applied to 100 per- Mr. BYRD. Mr. President, the Tax- those hallmarks of ISTEA which have cent of apportioned funds. payer Relief Act of 1997, which was en- proven to be successful and are strong- Second, the minimum guarantee cal- acted as part of the balanced budget ly supported by our State and local culation is reformed so that the 90 per- agreement, included a provision which transportation partners, including: en- cent guarantee is actually achieved. ended the use of the 4.3 cents per gallon suring that our transportation pro- We all know that ISTEA I gave many gas tax for deficit reduction and in- grams contribute to and are compat- States less than 90 percent because it stead placed this tax into the Highway ible with our national commitment to did not include all the funds that were Trust Fund beginning on October 1, protect our environment; building upon distributed to States. 1997. That was a very important first the shared decision-making between While I started with a goal of 95-per- step in restoring integrity to the High- the Federal, state, and local govern- cent return for every State, a true 90- way Trust Fund. It ended the practice ments; and ensuring that the public percent return calculated on a larger of using any Federal gasoline taxes for continues to participate fully in the share of the program is a major deficit reduction. This Senator was not transportation planning process. achievement for donor States. alone in seeking to end the practice of Mr. President, perhaps the most crit- I am also pleased to report that using Federal gasoline taxes for deficit ical issue that the committee ad- ISTEA makes great progress in con- reduction. On July 14 of this year, I dressed in this legislation is the devel- solidating and streamlining the pro- joined 82 other Senators in signing a opment of equitable funding formulas. gram. letter addressed to the Senate majority ISTEA I failed to distribute funding Under ISTEA I there are five major and minority leaders, as well as the to our States based on current contem- program categories. Under ISTEA II, chairman and ranking Member of the porary data that measures the extent, those program categories have been Senate Finance Committee, Senators use, and condition of our transpor- consolidated into three major pro- ROTH and MOYNIHAN, and that letter is tation system. ISTEA I apportioned grams—the Interstate and National fairly brief. funds to the States based on each Highway System Program, the Surface I ask unanimous consent that the State’s historical share of funds re- Transportation Program, and the Con- letter be printed in the RECORD at this ceived in 1987. gestion Mitigation and Air Quality point. As we prepare for the transportation Program. There being no objection, the letter challenges of the 21st century, reforms Under ISTEA I there are five appor- was ordered to be printed in the to the funding formulas are long over- tionment adjustments—most of them RECORD, as follows:

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10767 U.S. SENATE, way Trust Fund. I believe it was Sen- I will now ask unanimous consent to Washington, DC, July 14, 1997. ator GRAMM who offered the amend- have printed in the RECORD a table Hon. TRENT LOTT, ment to do that. He offered that which sets forth the total amount of Majority Leader. amendment in the Finance Committee highway contract authority for each Hon. TOM DASCHLE, Minority Leader. and the Finance Committee adopted State in the bill, as reported by the Senator WILLIAM V. ROTH, Jr., that amendment. So that was accom- committee, as well as the additional Chairman, Committee on Finance. plished in the Taxpayer Relief Act of amount of contract authority that Senator DANIEL P. MOYNIHAN, 1997. each State will receive under the Byrd- Ranking Minority Member, Committee on Fi- Unfortunately, the six-year ISTEA Gramm-Baucus-Warner amendment nance. reauthorization bill reported by the over a 5-year period. DEAR COLLEAGUES: We are writing to ex- Environment and Public Works Com- There being no objection, the table press our view that additional funding for mittee does not allow the use of one was ordered to be printed in the transportation programs is urgently needed. RECORD, as follows: As you know, Section 704 of the Senate’s penny—not one copper penny—of this version of the Revenue Reconciliation Act 4.3 cents gas tax for highway construc- transferred 3.8 cents of the federal fuel tax tion over the next six years. In effect, FY 1999–2003 TOTAL—INTERMODAL SURFACE TRANS- from the general fund to the Highway Trust it allows these additional gas tax reve- PORTATION EFFICIENCY ACT II, BYRD/GRAMM AMEND- Fund. While that transfer is an important nues to build up huge surpluses over MENT, PRELIMINARY DATA first step, it does not, by itself, provide the the next six years. The time has come [In thousands of dollars] needed additional funds. Therefore, we ask to put our money where our mouth is. that you urge the conferees to ensure that at S. 1173 FY We either mean it or we don’t mean it 1999–2003 least a significant portion of the 3.8 cents be State total as re- Byrd/Gramm Total 1 made available for expenditure on highway when we write letters urging our lead- ported by amendment and transit programs, similar to the manner ership not only to place the 4.3 cents committee in which the Senate provided funding for per gallon gas tax into the Highway Alabama ...... 2,211,500 556,579 2,768,080 intercity passenger rail service. Trust Fund, but also to take the next Alaska ...... 1,373,201 345,600 1,718,802 The reauthorization of the Intermodal Sur- step and allow it to be used in the Arizona ...... 1,719,893 432,854 2,152,748 face Transportation Efficiency Act (ISTEA) Arkansas ...... 1,472,869 370,684 1,843,553 ISTEA bill before the Senate. California ...... 10,134,190 2,550,537 12,684,727 will seek to meet the growing demands on Colorado ...... 1,412,391 355,465 1,767,856 our highway and transit systems. Yet the Did we place the 4.3 cents gas tax Connecticut ...... 1,895,552 477,038 2,372,590 scale and diversity of these national needs into the trust fund simply so that the Delaware ...... 520,488 130,994 651,481 Dist. of Col...... 500,536 125,973 626,508 combined with the requests for discretionary unspent balance of the trust fund could Florida ...... 5,099,176 1,283,335 6,382,510 funds to address local and regional transpor- skyrocket to historic levels, while our Georgia ...... 3,882,378 977,098 4,859,476 Hawaii ...... 561,113 166,380 827,492 tation issues requires funding levels greater bridges crumble, while our constitu- Idaho ...... 908,085 228,542 1,136,627 than that currently available. ents sit in ever-worsening traffic jams, Illinois ...... 3,683,946 927,157 4,611,103 We are concerned that without additional and while congestion chokes off the Indiana ...... 2,693,608 877,914 3,371,522 funding, the reauthorization of ISTEA and Iowa ...... 1,461,433 367,807 1,829,240 economic potential of our Nation? Is Kansas ...... 1,450,185 364,977 1,815,162 the distribution of funds in a fair manner Kentucky ...... 1,921,071 483,486 2,404,557 will prove to be impossible and will lead to that what we meant? That was not my Louisiana ...... 1,967,553 495,201 2,462,754 intention in championing the transfer Maine ...... 636,102 160,097 796,199 divisive debate in the Senate. Maryland ...... 1,668,720 419,975 2,088,696 Therefore, we respectfully urge you to pro- of this tax, and I don’t believe it was Massachusetts ...... 1,968,441 495,412 2,463,853 vide the means to spend a portion of the 3.8 the intention of my colleagues, those Michigan ...... 3,493,538 879,236 4,372,775 cents for our highway and transit programs. Minnesota ...... 1,655,828 416,732 2,072,558 who supported placing the revenue into Mississippi ...... 1,396,953 351,580 1,748,533 Sincerely, the Highway Trust Fund. Missouri ...... 2,835,864 663,387 3,299,251 Montana ...... 1,173,866 295,433 1,469,295 Max Baucus, Herb Kohl, Byron L. Dor- And so, today, three of my colleagues gan, Jeff Bingaman, Dale Bumpers, Nebraska ...... 929,790 234,004 1,163,794 and I—Senators GRAMM, WARNER, and Nevada ...... 808,417 203,458 1,011,875 Carol Moseley-Braun, John Warner, New Hampshire ...... 575,859 144,929 720,788 James M. Jeffords, Fritz Hollings, BAUCUS—are joining in saying to the New Jersey ...... 2,668,883 671,691 3,340,574 Senate that we are preparing an New Mexico ...... 1,162,791 292,646 1,455,437 ——— ———, Bob Kerrey, Jack Reed, New York ...... 5,640,544 1,419,503 7,060,046 Wendell Ford, Barbara Boxer. amendment to the pending ISTEA bill North Carolina ...... 3,129,880 787,713 3,917,593 Kay Bailey Hutchison, ——— ———, Ted to authorize the use of the full amount North Dakota ...... 808,417 203,458 1,011,875 Ohio ...... 3,812,849 959,599 4,772,448 Stevens, Pat Roberts, Daniel K. Akaka, raised by the highway account share of Oklahoma ...... 1,745,495 439,300 2,184,796 Larry E. Craig, Judd Gregg, Dick the 4.3 cents gas tax for highway infra- Oregon ...... 1,426,177 358,934 1,785,111 Kempthorne, Orrin Hatch, Mike Pennsylvania ...... 4,199,341 1,056,906 5,256,247 structure and bridge programs over fis- Rhode Island ...... 642,304 161,652 803,956 DeWine, Jeff Sessions, Lauch Fair- South Carolina ...... 1,759,595 442,846 2,202,441 cloth, Spencer Abraham, Daniel Coats. cal years 1990–2003. Over the life of this South Dakota ...... 863,788 217,394 1,081,182 Chuck Robb, Robert Torricelli, Carl bill, this will mean that an additional Tennessee ...... 2,506,281 630,768 3,137,049 Texas ...... 7,623,695 1,918,693 9,542,388 Levin, Mary Landrieu, ——— ———, $31 billion in contract authority will be Utah ...... 955,428 240,460 1,195,888 ——— ———, Kent Conrad, Robert made available for the National High- Vermont ...... 520,488 130,994 651,481 Byrd, Tom Harkin, ——— ———, Virginia ...... 2,834,290 713,320 3,547,610 way System. Washington ...... 2,035,955 512,401 2,548,356 Dianne Feinstein, Frank R. Lauten- Mr. President, we must do more to West Virginia ...... 1,131,708 284,833 1,416,541 berg, Patty Murray, Jay Rockefeller. address the continuing and destructive Wisconsin ...... 2,011,684 506,291 2,517,975 Ben Nighthorse Campbell, Conrad R. Wyoming ...... 841,639 211,820 1,053,459 trend of Federal disinvestment in our Puerto Rico ...... 508,260 127,917 636,178 Burns, Rod Grams, Michael B. Enzi, Nation’s transportation infrastructure. Chuck Hagel, ——— ———, Kit Bond, Total ...... 110,741,037 27,871,000 138,613,037 According to the Federal highway ad- Wayne Allard, Mitch McConnell, Olym- 1 Source of additional contract authority. pia Snowe, Craig Thomas, Paul ministration, our investment in our Wellstone, Bill Frist, Arlen Specter. Nation’s highways is a full $15 billion Mr. BYRD. Mr. President, I encour- Barbara A. Mikulski, Harry Reid, Bob short each year, just to maintain the age all Members to review carefully Smith, Ted Kennedy, Tim Johnson, current inadequate conditions of our these tables. They will show that each Max Cleland, Joe Biden, Christopher J. National Highway System. Put another and every State in the Nation will re- Dodd, ——— ———, John Breaux, Ron way, we would have to increase our na- ceive a sizable boost in funding under Wyden, Bob Bennett, Paul Sarbanes, tional highway investment by more this amendment. Each and every State Tim Hutchinson. Dick Lugar, Chuck Grassley, John than $15 billion a year to make the will receive increases under the same Glenn, Susan Collins, John Ashcroft, least bit of improvement in the status percentage distribution called for in Paul Coverdell, Richard Shelby, Jesse of our national highway network each the underlying bill. Helms, Rick Santorum, Patrick Leahy, year. We have not put together a new for- Russ Feingold, Thad Cochran, Frank H. Now, as I say, joining me in offering mula in this amendment. For the donor Murkowski. this amendment as principal cospon- States, the amendment still ensures Mr. BYRD. Mr. President, the impor- sors are Senators GRAMM, BAUCUS, and that they will receive a minimum of 90 tant first step, as I say, which we 83 WARNER. Although our amendment is percent return on their percentage con- Senators sought in our letter has now still in the process of being drafted, we tribution to the Highway Trust Fund. been achieved; namely, the transfer of nevertheless have reached agreement Moreover, our amendment, like the the 4.3 cents per gallon gasoline tax as to the distribution of formula funds committee reported bill, utilizes 10 per- from deficit reduction into the High- among the various States. cent of the total available resources for

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE October 9, 1997 discretionary purposes. Increased dis- forecast than was thought to be the Mr. President, I yield the floor. cretionary amounts of contract author- case even when we all voted for the bal- The PRESIDING OFFICER. The Sen- ity will be available for the Multi- anced budget agreement this past ator from Texas. State Trade Corridors initiative, as spring. In fact, OMB’s recent Mr. GRAMM. Mr. President, let me well as the 13–State Appalachian High- midsession review now projects reve- first say that I am very proud to join way Development System. nues over the next 5 years to be $129.8 with Senator BYRD and our two other Mr. President, we understand that a billion greater—greater—than those colleagues in this amendment. Our pur- point of order will be raised against projected in the balanced budget agree- pose today is not to introduce the this amendment by its opponents. But ment. On the spending side of the budg- amendment as a formal pending I think it is important to remind Mem- et—and this is important—the forecast amendment before the Senate but to bers that the bill before us is not an ap- is also much brighter than it was a few basically put the facts out on the table propriations bill; it is an authorization short months ago. Compared to the so that we can have a full and informed bill. A point of order lies against this balanced budget agreement, OMB now debate, and so that over the recess peo- amendment because it causes the Envi- projects in its midsession review that ple will have an opportunity to know ronment and Public Works Committee total spending over the period 1998–2002 what this amendment does, why it is to exceed the levels that they can au- will be $71.6 billion less than was pro- important to every State in the Union, thorize to be spent. Adoption of this jected in that agreement. and why it is important to the future amendment will not change the scoring Our amendment will provide that if of the country. of the deficit by one thin dime. the savings and spending for fiscal I want to try to make two points as Opponents of this amendment claim 1998–2002, which I have just identified, briefly as I can make them. that the increased highway spending are still projected to exist in connec- The first point is that in 1993, for the authorized by the amendment will tion with the fiscal year 1999 budget first time in the history of America, cause drastic cuts over the next 5 years resolution, and if that budget resolu- the Congress adopted a permanent gas- in other discretionary spending. In- tion calls for using any of those spend- oline tax that did not go to the high- cluded on the possible list for elimi- ing savings, then those spending sav- way trust fund. Instead, that perma- nation or drastic cuts—I am talking ings must go toward fully funding the nent gasoline tax went to general reve- about a list that I understand has been highway program. nues and was spent for general pur- circulated by opponents—are such In conclusion—and I say ‘‘in conclu- poses. We had a strong base of support things as Navy ship building, law en- sion’’ because I only intended to take in the Senate and in the House to take forcement, Section 8 housing, EPA, Na- 15 minutes of the hour, I am not here the action which was consummated in tional Forest Service, Title I edu- to debate this amendment this after- the Taxpayer Relief Act. The amend- cation, Head Start, NIH, and on and on. noon. There will be plenty of time for ment that I offered in the Finance Mr. President, that argument is an that. Nobody is going to run for the Committee was adopted as part of that obvious red herring. First of all, be- doors when that time comes. There will bill. We were able to put the 4.3-cents- cause highway construction requires a be plenty of time to debate it when my a-gallon tax on gasoline into the high- number of years to complete projects, colleagues and I have fully fleshed out way trust fund where it belonged. That the amount of outlays that would be the amendment. But we wanted to put became the law of the land. But our necessary in the discretionary portion Senators and the country on notice problem was that when the bill that of the budget to pay for the pending that we have an amendment, and we will be before us when we debate amendment is not $30 billion. We are wanted to do that before this upcoming ISTEA was reported from the com- told instead by the experts at the CBO recess begins. mittee, it did not include any of the Let me point out again that our that the figure is $21.6 billion. money that was transferred into the amendment would provide the author- Secondly, the enactment into law of trust fund when we took the 4.3-cents- ization of an additional $31 billion of the Byrd-Gramm-Baucus-Warner a-gallon tax from gasoline and put it contract authority within a 5-year pe- amendment will not cause any cut in where it belonged, in the highway trust riod, 1999–2003. It doesn’t add to the def- any Federal program. Let me say that fund, to fund highways and to fund icit. It will call for a consideration, in again. The enactment into law of the mass transit. the fiscal year 1999 budget process, of Byrd-Gramm-Baucus-Warner amend- That produced a situation which is using additional spending savings to ment will not cause any cut in any portrayed in this chart. I hope every cover the outlays that will occur from Federal program. Member of the Senate will become fa- the contract authority provided in this In other words, each year’s transpor- miliar with this chart because it really amendment. tation appropriations bill from fiscal So I urge all colleagues to favorably shows the sleight of hand that has been years 1999–2003 will contain an obliga- consider this amendment during the underway now for quite a while and tion limit for total highway spending. next week, look at the tables, and un- will certainly be perpetuated and ex- That limitation will be set each year in derstand that your State—I am talking panded in the future if our amendment light of the circumstances being faced to all 100 Senators, to each of them in- is not adopted. by the Appropriations Committees in dividually—your State will have its We currently collect the money from any particular year. Let me put it an- highway moneys increased under this gasoline taxes and transportation fuels other way. If we do not adopt this amendment. Your State will benefit taxes that are dedicated in the trust amendment, we will have precluded, from this amendment. So I hope that fund to highways and mass transit. for the next 5 years, any consideration you will examine the benefits that will But, yet, as of today, we have $23.7 bil- of additional highway spending. accrue to your State in additional lion in that account that have not been Third, regarding the question of out- highway spending under this amend- expended for the purpose that they lay caps on discretionary spending, I ment. were collected. Over the years they fully support and will strongly urge the Mr. President, let me, in yielding the have, in fact, for all practical purposes, Budget Committee chairman and the floor, thank my three colleagues who been spent for other purposes. Senate to include in the budget resolu- are the main cosponsors of the amend- As a result of our decision to put the tion for fiscal year 1999 the necessary ment. 4.3-cents-a-gallon tax on gasoline provisions to increase discretionary Let me also thank the two leaders for where it belongs, in the highway trust caps for the following 5 years if the allowing us to impinge upon the time fund, under the ISTEA bill as reported economy continues to perform, so that of the Senate at this point for a whole from the committee, this surplus in the those savings will accrue. As Senators hour if it is needed. highway trust fund would grow from are aware, since the adoption of the Let me say to all Senators who want $23.7 billion today to a whopping $90 balanced budget agreement earlier this to debate our amendments that there billion in the trust funds collected for year, the projections of revenues have come a time to debate it. This is an im- the purpose of building highways and dramatically increased and the projec- portant amendment. This is a major mass transit but never expended for tions for spending have been dramati- amendment, and its importance to the that purpose. In the year 2003 we would cally cut. The result is a far better country cannot be exaggerated. have $90 billion in the trust fund, and

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10769 we would have told the American peo- by our colleagues from Arkansas, has have to be used in total or part to fund ple that they were paying gasoline felt slighted by this bill. Under the ex- our commitment to the highway trust taxes to fund highways and transpor- isting bill, they would get $1.47 billion fund before any of those savings can be tation, and, yet, that $90 billion would over the five years covered by our used for any other purpose. have been spent for other purposes. amendment. But with the adoption of There is only one reason that any- What the Byrd-Gramm amendment our amendment, that would grow to body would be against that language. does—I am very proud that we have the $1.84 billion. The only reason that anybody would be two most knowledgeable people in the A similar proportional increase in against that language would be if they Senate on highway matters who have each State would occur as a result of intend to spend this money for some now joined us as cosponsors—but what this amendment. other purpose. our bill does is assure that the area I want to make it clear that we are Our point is we are collecting this you see in blue here, this 4.3-cents-a- going to hear arguments throughout gasoline tax. It has been put into the gallon tax on gasoline, is spent for the this debate that we are, through this trust funds by the decision of the purposes that it was collected. amendment, taking money away from House and the Senate. We made a com- This is a truth-in-government provi- other programs. I want to address this mitment that it was going to go to sion. This is a provision where you tell head on. I want to address it in two build highways and for mass transit. people you are going to do something ways. What our amendment does is guarantee in government and you do it. First of all, those who are making that if any funds are spent, they are Let me also make note of the fact that argument are in essence claiming going to be spent for this purpose and that, even if our amendment is adopt- that they have the right to spend this ed, the balance in the highway trust spent for this purpose first. $90 billion on other programs, that So I think this is a good amendment. fund will grow from the current $23.7 they have that right. billion to a whopping $39 billion sur- I hope that we are going to get a strong It reminds me of an argument that vote. We have a point of order. Senator plus by the year 2003. So under our might be made by a rustler. There is amendment the unspent balance in the BYRD made the point, but I want to re- this rustler who has been rustling cat- iterate this. This point of order is not trust fund will grow every year even if tle off the Byrd and the Gramm ranch. we spend the 4.3-cents-a-gallon tax on that we are busting the budget or rais- We call the sheriff, and the sheriff ing the deficit. Both of those things are gasoline where we told the American comes out. The sheriff hunts him down, people that we would spend it. not the case. The point of order is real- and he brings him to us. We decided, ly based on a technicality in the budg- Let me also make note that our well, we know this guy. We are not amendment is very conservative and et because we are allowing funds, if going to put him in jail. But the sheriff they are spent, to be spent on transpor- very responsible because we don’t says to him, ‘‘You have to quit rustling spend the money in the year that it is tation needs and highways beginning in these cattle.’’ So the rustler says, ‘‘But fiscal year 1999. collected. We spend it the year after it I am used to eating all this beef. You So, in the technical language of the is collected. So even though we will be know. It is easy for you to say, but budget, we are changing the 302(a) allo- collecting the 4.3-cents-a-gallon tax on where am I going to get my beef?’’ cation of budget authority to the Envi- gasoline and putting it into the trust Well, I think the answer of Rancher fund for the first time in 1998, we don’t ronment and Public Works Committee. Byrd, Rancher Gramm, Rancher Bau- spend any of that money in 1998. We We are not raising the total level of cus, and Rancher Warner under this only spend what was collected in 1998 outlays. We are not busting the budget. circumstance would be, ‘‘That ain’t my in fiscal year 1999. And the same proc- This is a simple technicality. There problem.’’ ought not to be a point of order against ess continues throughout the period of The point is they never had the right it. But there is. So, as a result, we are this highway bill through the year 2003. to spend the $90 billion for anything We are talking about highways today going to have to get 60 votes. other than highways to begin with. because we have the highway portion And we are going to have an extensive So, if you want truth in government, of the bill before us. But, as everyone if you want to have a program whereby knows, the mass transit title of this debate about that. Let me address in a little bit of detail when people are going to the gas pump bill was reported from the Banking the provisions that Senator BYRD and they are looking at that big tax Committee, and they have delayed re- talked about where we are dedicating, they are paying, and they are saying, porting their precise spending figures at least in terms of a commitment ‘‘Well, you know, at least it is being for technical reasons. When that por- spent on highways,’’ we want that to be tion of the bill is before the Senate, we about the future, funds to fulfill our commitment to build these highways. true. If you believe that the highway intend our amendment to apply to it as trust fund ought to be used to build the well because mass transit receives 20 We have, I believe, very artful lan- guage. Senator BYRD and Senator highways and to build mass transit, percent of the 4.3-cents-a-gallon tax on then we believe that you are going to gasoline, and we want to be sure that BYRD’s staff are responsible for the lan- guage. I think it is language that every vote for this amendment. We are very this portion of the highway taxes can hopeful that we are going to be suc- also be spent. Member of the Senate can be sup- portive of. We are not trying to judge cessful. Under this provision, every State in I yield the floor. the Union will get additional funds. what kind of budgets we are going to Mr. BAUCUS addressed the Chair. The increase per State will be about 25 write in the future. We are not trying percent. I think it is important to note to make a judgment about what the The PRESIDING OFFICER. The Sen- and for every Member of the Senate to economy is going to be like in the fu- ator from Montana. understand that under this amendment ture, or what kind of expenditure sav- Mr. BAUCUS. Mr. President, I first the ratio of funds going to States, the ings we are going to have in the future. want to give by deepest respects and proportion going to any one State, is We are not making any judgment as to thanks to the chairman of the Environ- totally unchanged. how those savings might be used. ment and Public Works Committee, But the result of truth in govern- But what we are saying—I think if Senator CHAFEE. He has put together a ment, the result of spending money for every Member of the Senate will look bill that has passed our committee the purpose that it was collected, is at this language, they will be in agree- unanimously 18 to 0. Not many com- pretty remarkable. The result is, if we ment—we are saying, if there are mittees can come up with a unanimous are going to spend $27.8 billion, if this spending savings that occur in the fu- vote on major bills. full program is carried out through the ture and if the Budget Committee de- But since that bill passed the com- year 2003, on highways, the purpose for cides that any of those spending sav- mittee, it has become quite apparent which the tax was collected to begin ings are going to be used to spend that some Members want us to improve with, that will make a very substantial money through the Federal Govern- upon it. So we are going to try to do difference to every State in the Union. ment—two ifs—that, if there are sav- that with this amendment. So, I am Arkansas, we know from the very ef- ings in other spending programs, and if going to give five reasons why I think fective arguments that have been made any of those savings are spent, they the amendment offered by Senator

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10770 CONGRESSIONAL RECORD — SENATE October 9, 1997 GRAMM, Senator BYRD, Senator WAR- played with American taxpayers. Using spending if savings are available and if NER, and myself is such an improve- fuel tax revenue to mask the true Congress decides to spend them. ment to this bill. budget deficit is not right and it is not Again, this amendment takes noth- First, as has been pointed out, the fair. And I have argued this many ing from any program at all. To my dollars we are discussing are trust fund times. fourth point, the infrastructure needs dollars. I would point out that the To my second point. This amendment of this country. I will talk about this American motorist who pays these fuel in no way breaks the budget. Now, in greater detail when we debate the taxes expect those dollars to go into there are going to be some on the floor amendment. But I do want to state transportation, including highways. later, perhaps today or later, saying, that the Department of Transportation Second, despite what some are going ‘‘Oh, this breaks the budget.’’ It does says that there is about a $15 billion to state on this floor later, this amend- not break the budget. It does not break annual deficit in combined infrastruc- ment does not break the budget. Let the budget at all. ture spending in America. We in Amer- me repeat that. It does not break the Why? Because all this amendment ica spend far less on highways and in- budget. does is raise the contract authority or frastructure than other countries do as Third, despite what some might say authorizations. It would increase con- a percent of their gross domestic prod- later, this amendment does not take tract authority by $31.6 billion over 5 uct. Japan spends four times what we one penny—as Senator BYRD men- years. This is the 3.45 cents of the 4.3 do. European countries spend at least tioned, ‘‘not one thin dime’’—from any cents just transferred to the trust fund twice as much. other program. on October 1. The amendment would I fear that if this amendment does Fourth, this amendment is needed to provide new contract authority begin- not pass, 6 years from now we are going meet our infrastructure needs. We are ning in 1999. But it does not tell the to find that our highways in America not spending enough in America to Budget Committee this year or next have deteriorated more. We will con- maintain our transportation system year that they have to raise transpor- tinue to fall behind. Our highways and and our highways. We certainly are not tation spending. It does not tell the transit systems are not all in good spending at the level of other coun- Appropriations Committee to raise shape today. There are a lot of bridges tries. budget caps. It does not touch the in our country that need repair. There And fifth, a point which I do not budget resolution or obligation limita- are a lot of roads in our country that think is fully understood by Senators, tions for highways. Again, it is just need repair. I just cannot emphasize the amounts provided for in the com- contract authority. Therefore, it does too much how important it is for mittee bill lock the Senate into those not break the budget. It does not re- America to have the best highways and amounts for the next 6 years. So it is quire any additional spending. The transportation system if we are going important that if we are going to in- amendment just says that if the pro- to remain competitive. We need to pass crease spending that we do so now. Un- jected savings from OMB are realized, this amendment to make progress on like some other spending programs, and if the Congress decides to spend our transportation needs. this program is funded from a trust these savings, then they should be And to my fifth point. Let’s not lock fund. available for transportation. into the contract authority numbers So this is a much different animal, It does not require that spending in- that are in this bill unless we have to. and therefore this amendment must be creases. It just says that the Congress Let’s have this vote and see what hap- addressed and hopefully passed. So let may spend more for transportation if pens. I think the case is there to in- me elaborate on my five points. Mr. there are new savings and if Congress crease transportation spending. We President, I think it is clear, when peo- agrees to spend them on transpor- need to do it now and not wait. ple pay their fuel taxes, they expect tation. We are just increasing contract So I will sum up, Mr. President. I those dollars to go to their highways authority. That is all. We increase con- want to again thank all who have and transportation so we have the best tract authority by $31.6 billion over 5 worked so hard on this amendment, transportation system in the world. years. So, again, this does not break particularly the authors of the amend- There is not little dispute about that. I the budget. Yes, we will have at least ment. They have come up with a very filled up my gas tank this morning one point of order. But is not a point of sound way of solving the problem of coming to work. I know how expensive order that we have increased spending. needing more money. Again, it does it is. Today about 18.4 cents of a gallon It is a point of order that the Environ- not break the budget in any way. And goes to Federal taxes, and then there ment and Public Works Committee has it does not take any dollars from any are D.C. taxes and State taxes. There exceeded its contract authority alloca- other programs. are a lot of taxes that go into the cost tion. That is all. But that is a minor Mr. President, I yield the floor. of a gallon of gas. All we ask is that technicality. What really counts is, Mr. WARNER addressed the Chair. these taxes are used for transportation. does it require any additional spend- The PRESIDING OFFICER. The Sen- That is what we want, and that is what ing? The answer is no, not one cent of ator from Virginia. we expect when we pay our fuel taxes additional spending is required. It does Mr. WARNER. Mr. President, I know at the pump. not break the budget agreement in any there are others who are anxious to I must remind Senators that the bal- way. I cannot make that point enough. speak, so therefore I will not go over ance in the highway trust fund is in- Point 3. Does this amendment take the points that were very clearly enun- creasing. Every year it is increasing. anything away from any other Federal ciated by the distinguished senior Sen- American motorists are not getting program? Some are going to claim that ator from West Virginia, my colleague their money’s worth. it does. The answer is not one red cent. from Texas, and my partner, Senator Why is it not being spent? It is not Nothing is taken away from other pro- BAUCUS, who worked with me through- being spent because it is being used to grams—nothing. Now, someone may out the formulation of the underlying mask the true Federal deficit. That is claim that it will. They are going to bill together with our leadership, the why it is not being spent. A lot of ap- say that. Not true. Not true at all. committee chairman, Senator CHAFEE. propriators and the budget folks Again, because this amendment only Senator BAUCUS has worked with me around here like those big balances in provides for raising contract authority. throughout this process. the trust funds because it masks the It does not increase spending. I say As subcommittee chairman, I started true deficit. Again, I say. If this again, Congress must still decide to with a group called Step 21 and then amendment does not pass, the balance spend any new savings, if those savings eventually we joined forces with a in the trust fund is going to continue are in fact even available. It is clear group headed by Senator BAUCUS— to grow dramatically over the period of that if today OMB projects a savings, Stars 2000 is my recollection—and this bill. So Americans should know that savings may be greater or lower eventually our distinguished chairman that when they pay their fuel taxes next year. But if that is the case, Con- joined us. We were able to craft a bill today, they are not being spent. A lot gress may choose not to increase which became the subject of a markup of it is just accumulating. It is a cha- spending at all. That is fine. Again, the and then gained full support of the rade. It is a phony game that is being amendment will only provide new committee.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10771 It is, I must say, of some personal a fundamental principle of ISTEA II. Mr. WARNER. Absolutely. Let me and professional concern that for the And to give absolute credence to that just finish—— moment I am at odds with my distin- statement I have just made, which was Mr. DOMENICI. Where is the amend- guished lifetime friend and chairman, the basic criteria for my joining in this ment you are following? I haven’t Senator CHAFEE, on this matter, but I effort, I ask unanimous consent to found it. hope that in due course I and others print in the RECORD statistical tables Mr. WARNER. Mr. President, if I can can persuade him to the wisdom of this prepared by the Federal Highway Ad- just finish my remarks, then I will be amendment. He will speak for himself, ministration at my request. glad to yield the floor. I hope, momentarily. Mr. DOMENICI. Might I ask the Sen- Mr. DOMENICI. Excuse me. As Senators BYRD and GRAMM and ator, what is that again? BAUCUS have said very clearly, when I Mr. WARNER. If I may, I will just Mr. WARNER. I suggest that the met with them last night, I was given pass it to the Senator. It is a statis- Senator consult with the distinguished the assurance we did not break the tical table showing that the formula of senior Senator from West Virginia, budget, and I think the Senators have a 90 percent return that we established who has put certain documentation gone through that very clearly. in the bill is followed in the amend- into the RECORD earlier today. We assure that every State gets a ment. There being no objection, the mate- fair return, and 90 percent of the funds Mr. DOMENICI. Will the Senator rial was ordered to be printed in the sent to the States under the formula is yield for a question? RECORD, as follows: COMPARISON OF SHARES UNDER ISTEA, FY 1996 HTF CONTRIBUTIONS, S. 1173 AND BYRD/GRAMM [Dollars in thousands]

ISTEA avg. Byrd/Gramm percent FY 1996 90% HTF S. 1173 5yr 5yr Avg. State (incl. HTF Pymts Pymts Avg. (1999– Percent (1999– Percent demos) (percent) 2003) 2003)

Alabama ...... 1.815 2.219 1.997 $442,300 1.997 $553,616 1.997 Alaska ...... 1.160 0.256 0.230 274,640 1.240 343,760 1.240 Arizona ...... 1.399 1.726 1.553 343,979 1.553 430,550 1.553 Arkansas ...... 1.437 1.445 1.300 294,574 1.330 368,711 1.330 California ...... 9.133 10.096 9.086 2,026,838 9.151 2,536,945 9.151 Colorado ...... 1.098 1.277 1.149 282,478 1.275 353,571 1.275 Connecticut ...... 1.929 1.000 0.900 379,110 1.712 474,518 1.712 Delaware ...... 0.398 0.288 0.259 104,098 0.470 130,296 0.470 Dist. of Col...... 0.504 0.126 0.114 100,107 0.452 125,302 0.452 Florida ...... 4.201 5.116 4.605 1,019,835 4.605 1,276,502 4.605 Georgia ...... 2.975 3.895 3.506 776,476 3.506 971,895 3.506 Hawaii ...... 0.692 0.259 0.233 132,223 0.597 165,498 0.597 Idaho ...... 0.683 0.549 0.494 181,617 0.820 227,325 0.820 Illinois ...... 3.735 3.696 3.327 736,789 3.327 922,221 3.327 Indiana ...... 2.231 2.703 2.432 538,722 2.432 674,304 2.432 Iowa ...... 1.206 1.165 1.049 292,287 1.320 365,848 1.320 Kansas ...... 1.148 1.156 1.040 290,037 1.310 363,032 1.310 Kentucky ...... 1.561 1.927 1.735 384,214 1.735 480,911 1.735 Louisiana ...... 1.443 1.763 1.587 393,511 1.777 492,551 1.777 Maine ...... 0.643 0.523 0.470 127,220 0.574 159,240 0.574 Maryland ...... 1.678 1.674 1.507 333,744 1.507 417,739 1.507 Massachusetts ...... 4.537 1.846 1.661 393,688 1.778 492,771 1.778 Michigan ...... 2.812 3.505 3.155 698,708 3.155 874,555 3.155 Minnesota ...... 1.534 1.430 1.287 331,165 1.495 414,512 1.495 Mississippi ...... 1.106 1.325 1.193 279,391 1.261 349,707 1.261 Missouri ...... 2.211 2.585 2.326 527,173 2.380 659,850 2.380 Montana ...... 0.884 0.479 0.431 234,773 1.060 293,860 1.060 Nebraska ...... 0.778 0.810 0.729 185,958 0.840 232,759 0.8940 Nevada ...... 0.641 0.640 0.576 161,683 0.730 202,375 0.730 New Hampshire ...... 0.483 0.408 0.367 115,172 0.520 144,158 0.520 New Jersey ...... 2.848 2.607 2.346 533,777 2.410 668,115 2.410 New Mexico ...... 0.975 0.869 0.782 232,558 1.050 291,087 1.050 New York ...... 5.475 4.358 3.922 1,128,109 5.093 1,412,009 5.093 North Carolina ...... 2.618 3.140 2.826 625,976 2.826 783,519 2.828 North Dakota ...... 0.636 0.360 0.324 161,683 0.730 202,375 0.730 Ohio ...... 3.584 3.826 3.443 762,570 3.443 954,490 3.443 Oklahoma ...... 1.420 1.686 1.517 349,099 1.576 436,959 1.576 Oregon ...... 1.163 1.302 1.172 285,235 1.288 357,022 1.288 Pennsylvania ...... 4.865 4.160 3.744 839,868 3.792 1,051,249 3.792 Rhode Island ...... 0.580 0.275 0.247 128,461 0.580 160,791 0.580 South Carolina ...... 1.279 1.765 1.589 351,919 1.589 440,488 1.589 South Dakota ...... 0.653 0.359 0.324 172,758 0.780 216,236 0.780 Tennessee ...... 1.998 2.515 2.263 501,256 2.263 627,410 2.263 Texas ...... 6.423 7.649 6.884 1,524,739 6.884 1,908,478 6.884 Utah ...... 0.711 0.855 0.770 191,086 0.683 239,178 0.863 Vermont ...... 0.435 0.293 0.264 104,098 0.470 130,296 0.470 Virginia ...... 2.267 2.844 2.559 566,858 2.559 709,522 2.559 Washington ...... 1.865 1.962 1.765 407,191 1.838 509,671 1.838 West Virginia ...... 1.147 0.806 0.725 226,342 1.022 283,308 1.022 Wisconsin ...... 1.926 2.018 1.817 402,337 1.817 503,595 1.817 Wyoming ...... 0.629 0.466 0.419 168,328 0.760 210,692 0.760 Puerto Rico ...... 0.448 0.000 0.000 101,652 0.459 127,235 0.459 Total ...... 00.000 100.000 90.000 22,148,407 100.000 27,722,607 100.00

Mr. WARNER. Mr. President, recognize, while it was essential in my come to the members of the transpor- throughout this debate of many, many judgment we establish that 90 percent tation committee and said please, we months on the highway bill, I have ex- return—thereby eliminating the donor- must have some relief as we begin to pressed the need to raise the amount of donee distinction that existed, I think transition into ISTEA II. This bill pro- money that had to be put forward to most unfairly, for these 6 years, and we vides the added funds to give that need- replenish America’s infrastructure. achieved that result—but I find, in con- ed relief, badly needed in many in- And together with Senator BAUCUS, we sulting with many of my colleagues, stances. I think now with this impor- cosponsored an amendment which lost that the transition is very abrupt to tant amendment as part of the bill if so by one vote in this Chamber to aug- their States, those donee States in par- adopted—the Senate will adopt an ment the spending under this bill. I felt ticular. This amendment, as proposed ISTEA II bill. a certain loyalty to that coalition by the four of us, will help ease that I am reasonably confident it will be which had joined with me and had transition. along the lines of the committee bill. fought so hard to get additional fund- That point I want to make very But there have been reports from the ing. clearly, it will help ease that transi- other House, and they may be rumor Second, the formula that we devised tion, because Senators in clear con- but I think there is some documenta- in the underlying bill, ISTEA II, I now science on both sides of the aisle have tion, all the way from, ‘‘We are not

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE October 9, 1997 even going to conference. There won’t need to do what I can to advance their nent question. I think I have already be a bill this year.’’ Or it will be just a cause. answered it. The amendment is still 6-month bill. And I have heard a 90-day And other Senators have come to me being drafted, but, in view of the fact bill. saying, ‘‘We need more money. We need that the Senate is about to go into re- At another time I will explain why, more money.’’ Six years ago, when we cess—I understand there won’t be a ses- in my judgment, that is not good for had the ISTEA bill before the Senate, I sion here tomorrow—we, who are the the United States of America. Our found, as chairman of the Appropria- chief cosponsors, felt that we ought to transportation infrastructure and the tions Committee, I found $8 billion, a announce to Senators that there will need for upgrading is critical for this little over $8 billion which enabled the be an amendment. We put tables in the Nation to remain competitive in a one- Senate to get off the dime, as it were, RECORD, and at such time as the world market. A 6-year bill has always where it was stalled. That bill wouldn’t amendment is ready to be offered, all been the format, beginning with ISTEA move. So we divided the $8 billion, half Senators will then have it made avail- I, by which the Governors and the re- I think among the donor States and able to them. Senators are entitled to spective highway authorities in the half to those States which had acted to see it when it has been finished. several States have done the long-term increase the resources for transpor- Mr. CHAFEE. Mr. President, I would planning necessary to improve their tation within their own borders, such ask if it is possible to see it before we own State transportation systems. as my own State, which had raised its leave? In other words tonight, tomor- They need 6 years to develop the con- gasoline tax. It had done more than row, something like that? tracts which must be guaranteed to many of the other States had done Mr. BYRD. As the distinguished have a flow of funds over that period of within the respective borders of those chairman knows, the department has time. They are not simple contracts, States to try to meet those needs. had some difficulty in calculating the they are very complex contracts. So, I was able in that instance to find numbers even for the bill that is before I can go on, on that point. But we that $8 billion, so Senators have again the Senate. Now we have an amend- will be strengthened, the U.S. Senate come to me and said listen, we need ment that only last night the four will strengthen its bill to the point more money. We need more money. So chief cosponsors finally agreed upon, where I think the House will see the I have done my best to find that and it takes some time for the depart- wisdom of the course we have charted money. There will be a time, as I have ment to run the tables, run the figures in this body for a highway bill which is said, when we will debate this matter. and get them ready. Senators know anxiously being awaited by the 50 But I did want to thank the distin- that. The Senator from Rhode Island States. This amendment, I think, will guished chairman for his work and I and other Senators know that. We ensure the ability of the Senate to go hope he will understand the necessity could have waited until we came back in with a strengthened position and that compelled me to try to get more to announce that we have an amend- persuade the House to the wisdom of contract authority for highway con- ment, but we felt it was the better part having a 6-year bill, and hopefully struction all over this country. I will of wisdom, because it is being talked along the funding profile as outlined in be ready to do my best to defend the around here. This amendment, without this amendment. amendment when we are ready to in- its having yet been produced, is al- The House was deeply concerned, as troduce it. ready being criticized, and things are Mr. President, at this time I would was the Senate, that next year, with being said about the amendment that like to state the names of additional the forecast and projections of addi- are not true. So we felt that before we Senators who have indicated they want tional revenues, that they could be go into recess we ought to make that to cosponsor the amendment: Mr. forthcoming for transportation. What clear, that there are mistaken concep- AKAKA, Mr. BREAUX, Mr. FORD, Mr. this amendment does is literally solidi- tions of what the amendment does. We INOUYE, Mr. KENNEDY, Mr. ROBERT fies—no longer ‘‘bet on the come’’— ought to set that record straight. But KERREY, Mr. HARRY REID, Mr. SHELBY. that next year we will have additional the amendment will be made available funds for highways. But this amend- That completes the list as of now. I urge all Senators who, having heard in due time. ment in a sense puts that certainty this discussion today and who, feeling And while I am on my feet, I would into this legislation, which will enable that they would like to be cosponsors— like to say we ought to have an ISTEA the several States to do their planning. I urge them to be in touch with my of- bill this year. We ought not settle for a So, those are the three basic reasons 6-months extension. We ought not set- fice, Mr. GRAMM’s office, Mr. WARNER’s, and I shall add further, such that other tle for a year’s bill. Next year is an or Mr. BAUCUS’, and let us know that. Senators can have an opportunity to Mr. GRAMM. Mr. President, Senator election year. If we can’t reach an speak on this, and I yield the floor. SANTORUM, who presided over our pres- agreement this year, how easy is it The PRESIDING OFFICER. Who entations, asked to be added as a co- going to be to reach an agreement next yields time? The Senator from West sponsor. Mr. FAIRCLOTH would also like year, during an election? We ought to Virginia. to be listed. We are not offering the focus our energies and our attention Mr. BYRD. Mr. President, in the re- amendment today, but in terms of put- and our talents on promoting action on maining time let me also thank the ting people on notice, putting the ta- the bill this year, a full 6-year bill. distinguished Senator from Rhode Is- bles out, I wanted to be sure that they Now, that’s the best I can give the land and others on the committee who were listed as well. Senator in answer. worked long and hard, in putting to- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- gether the bill that was reported. objection, it is so ordered. ator from Rhode Island. Now, I have discussed with the dis- The Senator from Rhode Island. Mr. CHAFEE. Mr. President, as I un- tinguished chairman of the committee, Mr. CHAFEE. Mr. President, I appre- derstood there is a table being passed the need of the Appalachian corridor ciate the lovely bouquets that have around that shows the allocations to States for additional moneys, and that been thrown my way. I think I would the various States. That’s really the need hasn’t been met by this bill. The swap them for more support than I am tough part of the amendment. So, what distinguished chairman from Rhode Is- currently receiving. But, nonetheless, I is left? land, Mr. CHAFEE, came to my office appreciate it. I thank the distinguished Mr. BYRD. I will give—— and listened to my concerns. He lis- senior Senator from West Virginia and Mr. CHAFEE. The language of the tened courteously, and I thank him for all around here, Senator BAUCUS, Sen- amendment must be available if—— the consideration that he gave me. But ator WARNER, others. I would ask the Mr. BYRD. I am pleased to give the we have a bill here that does not meet sponsors of the amendment that we Senator the table. It will also be in the those needs that have languished for 31 would like to see it. We are going CONGRESSIONAL RECORD in the morning, years. So I feel compelled to do what I away, now, for a week, and I think it for all to see. can for the Appalachian States and the would be helpful if we could see this Mr. WARNER. If the Senator will people therein who have been promised amendment. When will it be available? yield, I will give him the table that I for 31 years that those Appalachian Mr. BYRD. Mr. President, the distin- have quickly prepared when I first corridors would be funded. I feel the guished chairman has asked a perti- learned of the amendment, which

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10773 shows the consistency between this than 2 months. I don’t think that is a In 1990, it was diverted. That is when amendment and the distribution of very good record we should be proud of it was diverted, 1990. I was here. I voted funds under our underlying bill, ISTEA in this Chamber. I know the distin- for that. I went over to those long II. guished chairman of the Budget Com- meetings that we had with Mr. Sununu Mr. CHAFEE. Mr. President, I know mittee will be speaking, and I look for- and Mr. Darman and Mr. DOMENICI and the distinguished chairman of the ward to hearing his remarks. I guess Mr. WARNER was there, Mr. Hat- Budget Committee has some com- Mr. WARNER. Will the Senator yield field was there. Anyhow, Senators on ments. But let me just say briefly, I for a point? I want to make it clear for both sides of the aisle were there. And want to put one thing to bed around the Record I voted against that 4.3-cent we came up with a package. Yes, we di- here, to rest, and that is that this gas tax. verted it. We voted to do that. tax has been collected with the people Mr. CHAFEE. Maybe you did, but the But recently the Senator from Texas who are paying it believing it is all idea that this was adopted by some offered an amendment, which said that going into a highway trust fund. masquerade, somehow the impression the gasoline tax should again go into Let me just review the bidding a lit- ‘‘when my wife goes to the gasoline the highway trust fund. tle bit. Many of us—I certainly was station she is thinking that all that So let’s not break faith with the here, the Senator from Montana was on tax money is going into the highway American people. They have been told the Finance Committee at the time, I trust fund and that if we send it any- it is for highways, and that is what this don’t know whether the Senator from where else we are deceiving her,’’ that amendment says it will be used for if Texas was. But in 1990, there was a 5- is nonsense. It was nonsense right from the savings are there. I just wanted to cent-per-gallon tax started; 5-cent-per- the beginning, as I said, in delineating make that point. gallon tax; 2.5 cents of that was to go the history of what took place in 1990 Several Senators addressed the to the general fund, 2.5 cents to the and then in 1993. Chair. highway trust fund. This was no secret. Mr. BYRD. Mr. President, will the The PRESIDING OFFICER. The Sen- It wasn’t something that was slipped Senator yield? ator from New Mexico. over anybody. We all voted for it up or Mr. CHAFEE. Sure. Let me say one Mr. DOMENICI. Mr. President, I left down, knowing 2.5 cents of that 5 cents thing, if I might, Mr. President. I am a very important meeting because I was going into the general fund of the now in my, I guess, 20th year here, and thought I had the time at 5:15 or at United States. There is none of this I have been on the side of the distin- least after they used an hour or so. I business of coming to the pump, look- guished senior Senator from West Vir- think I am being fair in saying they ing at it and thinking that tax you are ginia. I remember lifting the Turkish used an hour, and I was supposed to fol- paying all goes into building highways. arms embargo about the first year I low for a half-hour. Then in 1993, we added a 4.3-cent tax, came here. And then I have been on the Mr. BAUCUS. I wonder if the Senator all to go to the general fund, and that other side, against him. As a general will yield for 1 minute on this last was no secret either. rule, I would far prefer to be on his side point. So, Mr. President, I just want to say than against him. I find it is a much Mr. DOMENICI. Will you set it for 1 that this idea that we are somehow de- more comfortable position, perhaps a minute? ceiving the public by piling up money safer position in many ways. So I am Mr. BAUCUS. Very briefly. in the general fund from the gasoline very, very conscious that when I duel Mr. DOMENICI. I will be pleased to tax is just not accurate, and everybody with the distinguished senior Senator yield. who was in the Senate at the time— from West Virginia, I have to be on the Mr. BAUCUS. In 1990, we enacted 2.5 that is everybody here—certainly those alert. cents to deficit reduction. In 1993, the on the Finance Committee clearly I will buckle on my breastplate of 4.3 was passed. In 1995, due to pressure knew where the money was going to righteousness, I shall seize my cap of from the public, we undid the 2.5 cents go. salvation, I shall grab my sword of the so that went to the highway trust fund. Let me just say something else. I spirit and prepare for combat. And right now, because of the public know the Senator from New Mexico is Mr. BYRD. Come one, come all. This pressure, we are going to put the 4.3 going to deal with this further, but I rock will fly from its firm base as soon cents in the trust fund. must say, this is a world record around as I. In the past, Congress has diverted, here. We passed a budget in August. Mr. President, the distinguished Sen- but the public is now telling us—and That is when it was signed, August. ator from Rhode Island has made some we enacted in 1995 to put 2.5 cents back September, October we are going to de- comments questioning the fact that in the trust fund, and now we are put- viate from it. people in this country—I think it is a ting 4.3 cents in because the public The proponents are riding two horses fact—the people in this country go to wants it back in the trust fund. here. One they are saying, ‘‘Oh, it’s not the gas pump and buy gasoline under Mr. DOMENICI. Mr. President, since going to affect anything,’’ and that is the impression that their tax money there is going to be a week or more in- right, because under this amendment, goes into the highway trust fund and tervening before we can debate the so- it goes out to the States but can’t be that it comes back to meet their trans- called amendment, I hope it is avail- spent until one of two things happen: portation needs. able for us to look at before then. I am until the other domestic discretionary Was the Senator here in 1956? I was always a little suspicious when a bill accounts are cut or the cap is, or the here in 1956. I was here and I supported isn’t ready, especially when everybody overall discretionary cap is raised. President Eisenhower’s interstate sys- is clamoring to get on it because it That is true. tem. I was here. My wife was buying seems to me they know something I So on one hand you can say what gas at the pump then. In 1956, Congress don’t know. marvelous things are going to be done created that highway trust fund. She Mr. BYRD. Will the Senator yield? for the highways, every State is going was buying gas at the gas pump then, Mr. DOMENICI. And I bet they do. I to get more, how wonderful it is, and and the people were told that the gas bet they know this bill is going to then you say, ‘‘Oh, no, none of it is tax was going into the trust fund tax, promise them all a lot more money, so going to be spent; therefore, it is not and that money was going to be used why don’t they all get on? Right, I ask going to affect the budget at all.’’ for highways. Senator GRAMM? Every Senator should When the time comes and the deci- And so for over 40 years the Amer- get on it. You can count on it, it is sion is made, you radically alter the ican people have believed that their going to give you more money, you can budget that was just signed by the money that they were spending at the count on it, whether it is the Appa- President a month and a half ago, prob- gas tank, that portion that was the lachia Regional Commission, Texas, ably it is 2 months ago now. That is a Federal tax, was going into the high- New Mexico—all of you are going to world record for this Chamber. Usually way trust fund. That is no Alice in get a lot more money. we don’t deviate from a budget until Wonderland story. That is no make-be- Mr. BYRD. Will the Senator yield? we have gotten into it a little bit, but lieve story. That has been a fact. I Mr. DOMENICI. I will yield as much here we change it after a little less voted for it 41 years ago. as you like.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE October 9, 1997 Mr. BYRD. I have two things to say. help balance the budget. Let’s say to votes of these Senators on June 5th and I hear that the distinguished Senator the American people, ‘‘We’re giving it July 31st. For my amendment will say: from New Mexico has an amendment. I back to you because we don’t need it to Early next year when we do a new hear that he has one. I have seen pa- balance the budget.’’ budget resolution and we thoroughly pers to that extent, memos, or letters I say to Senator BYRD, I know you debate—what?—prospects for a sur- something like that. I didn’t read want me to yield, but you have been plus—I am hearing people running them, but I have seen them around the down here a long time. You used the around saying there is going to be a big desks. So he, too, has an amendment. I word ‘‘propaganda’’ about what I sent surplus. We are going to debate that. haven’t seen it. We four sponsors think around. I want to make sure this at- I hope there is a great national de- that even though our amendment is tack on propaganda is equal, so I can bate because, to tell you the truth, the not ready, we should clear the air and attack propaganda about how great deficits are going to be down in the clear the record as to what it will not this amendment is and what it isn’t year 1998, 1999, and the next year dra- do, because many things are being said going to do. matically from what we predicted. And in the Senate about our amendment Frankly, we are going to have a lot I believe, absent some catastrophe, in that are absolutely incorrect. I have longer discussion about this, but it is the short term we will balance the seen some of the papers on the desks wonderful to just visualize and think budget and have a lot of money left around here saying what this amend- for a minute how far we have come. over in the year 2002. ment purportedly will do. We Senators June the 5th—anybody waiting But before we get too excited, during wanted to clear the record today to say around for me to say what year—this that debate we will have a presen- that it will not do this and it will not year, June the 5th, 1997, we overwhelm- tation, if not by others, by me, telling do that and it will not do other things ingly adopted a balanced budget resolu- you what is going to happen in about 12 stated in the propaganda that is being tion. And everybody was praising us. years or 14 when the baby boomers hit spread. That is all. I thank the Chair. And JOHN WARNER, a wonderful Sen- this. Just like one of these giant Mr. DOMENICI. I was delighted to ator from Virginia, you are hugging pythons when they swallow some big yield. First, I would like to make a DOMENICI saying, ‘‘You finally got it monster animal, they can hardly di- part of the Record and I would like done’’—June 5th. gest; it gets about that big. That is the Senators to know a little history about Just a little while later, July 31st, way the budget is going to go—huge. Frankly, I want to tell you what I the trust fund and whether or not there this year—not 10 years ago—we adopt- think this amendment does. I believe really is a surplus. At least on the Re- ed two bills, one by a vote of 85–15. there is a disagreement in philosophy publican side I would like them to read Now, I imagine in this debate some can between the distinguished Senator the Republican policy statement issued stand and say I did not vote for it. from West Virginia, Senator BYRD, and on October 6, just a few days ago, that Maybe PHIL GRAMM can say that. I was his cosponsor, Senator GRAMM of analyzes the history of this. It will be not one of the 15. He did not vote for Texas. Senator GRAMM has said—and good reading. If there ever was a myth, the budget resolution, anyway. he put it in a circular that has gone to it is the myth about the great, great Anyway, 85 Senators voted for the everybody around to muster up sup- trust fund buildup that is there for bill to implement that balanced budg- port—and the fourth point he makes in highways that we ought to be using, et. And lo and behold, on the same day, 92 Senators voted on a new tax bill for his circular is that we will not spend everybody says; this budget process is any more money as a result of spending just building that big reserve and that the United States of America—all part of a big plan to balance the budget. $31 billion more on highways than we big slush fund. This will tell you that expected, we will not spend any more is kind of a paper tiger. I would call it What actually has happened, Mr. President, and fellow Senators, is that money. one of the greatest myths around. That does not sound possible, does it? Having said that, let me clear up the along comes a highway bill, after all Of course, it does. Senator GRAMM says that is done, and by an accident of second point. No Republican voted for we will take it out of the rest of Gov- time it comes after the Budget Act and the 4.3-cent-gasoline tax. So I say to ernment. So what we had planned to on to the floor comes Senators saying, Senator WARNER, you can get up and spend in Government, which inciden- ‘‘Let’s spend $31 billion more on high- say you didn’t. You are in good com- tally for those who think we were ways than we expected just on June pany. None of them did. going to spend a lot of money, get 5th, 1997.’’ On the other hand, I can say to my ready. The appropriated accounts on Now, is Senator DOMENICI saying you friend from West Virginia, you did, be- the domestic side are expected to in- are breaking the budget? Well, I don’t cause every Democrat voted for it. The crease five-tenths of 1 percent in each know. I am just telling you that on important thing is, what was it for? I of the next 4 years, I say to my friend June the 5th you voted in a budget res- understand that in 1956 Senator BYRD’s from West Virginia. That is the num- wife was buying gasoline at the pump. olution that sets obligation authority ber built in the law. I was just a small guy then, but I was for highways, and now before the year Now, think with me. Senator GRAMM buying gasoline at the pump. I had a ends you are saying, without another says, $31 billion more spent on high- little Chevrolet, secondhand car that budget, without another debate, with- ways than contemplated, but we are my dad gave me, and it was secondhand out any decision about where the not going to spend any more. Where is from his business. money is going to come from—I will it going to come from? Now, the Let me tell you, this 4.3 cents was talk about that in a minute—we all de- version of the Senator from Texas is to adopted in a balanced budget proposal cide we are going to add $31 billion to take it out of the rest of Government, by this President, voted for by Demo- the highway program. except defense, I assume. Wait a crats. I will tell you, some of us said Anybody that thinks Senator PETE minute—you shake your head—it is not that it wouldn’t work, and maybe it DOMENICI is not for highways has Sen- right. worked better than we thought, but I ator PETE DOMENICI wrong. In fact, It is impossible that you can spend say to my good friend from West Vir- about my own State, I have to say that $31 billion and not break the caps that ginia, there was no diversion of high- we are not spending enough on high- are currently established or reduce the way trust fund moneys. It was voted up ways. And it is going to be very detri- level of spending in the appropriated or down in the General Treasury to re- mental to the future of our State. Most accounts other than transportation. It duce the deficit. We can bring that of it is because we do not want to spend is arithmetically impossible. That is down here and talk about it. It was not any of our own money. And in our not philosophy; that is just plain old a gasoline tax for highway use. It was urban areas we put in about $80 million numbers. a gasoline tax to reduce the deficit. every 2 or 3 years in a bond election. Now, Senator BYRD is saying, if I I submit, since we think we have bal- We ought to put $250 million, in my hear him right, ‘‘Now wait a minute.’’ anced the budget, Mr. President, opinion. Mr. BYRD: Be careful now. Be care- maybe the time is to give the 4.3 cents The point is, I am for spending more ful. back to the States. That might be a money on highways. And I will present Mr. DOMENICI. ‘‘I want to spend this good idea. Its original purpose was to an amendment that does justice to the 4.2-cent gasoline tax. I want to spend it

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10775 on highways. On the other hand, I’m it early. The rules are made for you. If way projects. It will not be the citi- willing, when the time comes, to in- you do not use them, it is your fault. zens. It will be the highway builders. crease the domestic caps so we don’t And if I use them, it is because I have Nothing wrong with that. There is not have to cut appropriations.’’ a right to. one Senator that said they should not, Now, is this amendment a budget I did not feel up to it back yonder. but, boy, they are going to tell you buster or is it not? I guess one could But I welcome this debate. And if you every penny is needed. And they aren’t say we are not breaking the budget be- all win, you know, I am not going to going to know one diddly about the cause somehow the money is going to lose any sleep. But I think I will make process going on up here or what they come down from Heaven and come into the point that this is not the way to are competing with. It is just: Build this trust fund, or some will say we are run the Government of the United the roads. just going to go to the NIH and we are States 4 months after you pass a bal- Someday we are going to build more not going to get rid of it like Senator anced budget and you put caps on what roads. Maybe I will be voting for build- DOMENICI suggested, we are just going you can spend for each of the next 5 ing more roads. But I tell you for now, to cut it 5 percent. And we are not years, literally dollar numbers written you have not come close to convincing going to get rid of all those items that in the law for all the domestic ac- me that this is the way to do it. I urge somebody read off my letter, we are counts, including highways. They are that you go back and find a way to just going cut them off 5, 6 percent. all in that cap. You cannot raise the draft a contingent bill, draft a bill con- Well, everybody ought to know what cap without 60 votes saying, ‘‘Raise the tingent upon the Congress of the we are going to cut to spend $31 billion. cap.’’ United States in the budget process in- And the problem with this process: And along comes the appropriations creasing the obligational authority They will not know until we have al- process, which is the other vehicle you that you think we ought to have. ready put on the new map $31.6 billion can use, and you cannot—you cannot— I am willing to help you draft that and say if Congress votes that in as it in highway funds. mysteriously find $31 billion to spend. That is the truth of it. Why do I You put new commitments in with the sets its new priorities—and, yes, I think we should do it another way? same amount of money to spend for ev- would even say decides whether it And I urge you all to do it another erything—not one penny less or one wants to spend more money—then I way. I urge that we not spend the penny more. It does not change. There will be right there with you when the money, the 4.3 cents, the $31.6 billion, is no inflation built into those caps. time comes seeing that you get it. But I just believe that, you know—I cannot that we not obligate it now but, rather, They are not tied to the economy of yet tonight tell you, but I will be able we say the following in an amend- the United States. They are flat literal to in a week, how this changes the sys- ment—and if Senator BYRD wants to numbers. tem that was working. know what my amendment is, I am ex- And why are they numbers? Because I do not mean by that, spending the we found the only thing that worked to plaining it right now—that we adopt an trust fund reserves. There can be a big control spending on the appropriated amendment that says, when the budget argument about the unified budget and side was to say if you exceed the caps, process is finished, and the debate has taking it off budget. I just mean, to the Executive must put in an auto- concluded on what we should do with come in at this date just because a matic sequester so it is the only thing our money next year, including sur- highway bill is due and add $31 billion pluses, and the following years, when that works. And it works because twice this way without having to face up to we have decided, if Congress decides to the White House—not this one—sent us any competing needs, and leaving that spend more money on highways then, a little signal. We were $40 million- competition to another day, or as one put it right in the budget resolution, some over the cap once, and Dick would say, ‘‘Don’t worry about the an automatic supplemental appropria- Darman said, just so you will all know competition. We’ll just increase the tion. An amendment to the Highway that it works, he sequestered every ac- caps and spend more,’’ I think that Act will occur so that you have accom- count in Government to the tune of a ought to be done not in the context of plished it and everybody has had their total of $43 million, which I think was a highway bill that gives everybody chance to debate where the $31 billion one-tenth of one-hundredth of one- some goodies that they are all prone to comes from. thousandth of a percent, but to prove it vote for, I think it should be done in a And I surmise that some of you works. framework of the U.S. Senate at its might say, including my wonderful de- It was sort of a bit of the leftover of best, determining what the overall ex- bating friend, Senator GRAMM, you Gramm-Rudman-Hollings. Probably penditures of Government ought to be, might say, ‘‘DOMENICI, you know, the one notion of real consequence was and maybe I will even say tonight how they’re going to put it in highways the notion of a sequester, which most much of the surplus we want to spend anyway.’’ Well, that works both ways. people never heard the word before. In and how much you want to leave, how If you know they are going to vote to fact, I had not until you introduced the much you want to put in the Social Se- put it in highways, why don’t you wait bill—or until we helped you rewrite the curity trust fund, and all kinds of nice and do it when everybody can vote on bill or whatever. I worked on it for a things. the difference between spending it here long time, I say to the Senator. I yield the floor. and not spending it in education or I am going to quit for now because if Mr. BYRD. Mr. President, I will be spending a surplus to build highways? I am going to bore the Senate with my very brief because we have other busi- That is a fair proposal on our part. I entire speech tonight they will not lis- ness that is going to come before the will draw the language for you. I will ten to me the next time. And I want to Senate. let you help me. Then I will tell you, if make sure that they all hear this and Before the Senator from New Mexico you prevail in this debate that you that they all hear my version of this. leaves, the Senator talks in terms of want some surplus going in here, that And then they can vote as they please waiting, waiting until we can consider you want to cut other programs to put because that is what we were elected other competing needs. We are saying, more here, I will be on the floor sup- for. ‘‘Let’s keep faith with the American porting you to the best of my ability I want to close by saying to all that people.’’ If there are savings, let’s right on through. big lobby group, believe you me, when spend the money in the trust fund for Frankly, I do not think—you know, I you say ‘‘lobby groups,’’ don’t think that which the American people think used to be, in all honesty—I will not that the highway people are not lob- it is to be spent for, not other com- tell you when it stopped happening, I bying. Man, oh, man, you would think peting needs. That is just what we are say to Senator BYRD—but I used to that the only ones lobbying are the saying it is being spent now for—for really fret when I thought I had to manufacturers of America. They are all other competing needs. We are saying, come down here and argue with you. out there now that you have spoken to- stop it, keep faith with the American Because I figured I did not know night. When these Senators go home on people. Spend it for highways if it is enough. And by the time you got this recess, they will claw at them. going to be spent. through with the process down here, They will already know how much Other competing needs—like what? you taught me a lesson. You taught me more is going to be spent on their high- Cutting taxes? Is that what it is? The

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE October 9, 1997 distinguished Senator mentioned how cents-a-gallon tax on gasoline should ways and we spent it on something the budget is going to bulge when the be put in the trust fund and should be else, as we are doing this very day. baby boomers get on the scene. I voted spent for highways and for mass tran- That surplus is going to grow to $90 bil- against a tax cut, Senator. I said let’s sit. By a vote of 83–16 Members of the lion. Senator BYRD believes, I believe, put it against the deficit, let’s take U.S. Senate said yes. When the tax bill Senator WARNER, and Senator BAUCUS what you would spend on a tax cut and was before the Finance Committee I of- believe that it is fundamentally dis- apply it on the budget. Let’s balance fered an amendment to put the 4.3- honest for us to tell people the trust the budget with it. I said I’m against a cents-a-gallon tax on gasoline into the fund is for building roads and to be tax cut that the Republicans proposed trust fund. By a vote of 15–5 the Fi- building up a surplus of $90 billion and I’m against the cuts that the nance Committee said yes, and that where that money is being spent on President proposed. amendment was never challenged on other things. Now, we are simply saying, let’s the floor of the U.S. Senate. So, what- So we are not making a decision spend it for highways if it is going to ever the Senator from New Mexico here. We are not trying to write Sen- be spent and if the savings are there. Of would like the world to be, 83 Members ator DOMENICI’s budget next year. We course, the chairman of the Budget of the Senate said put the gasoline tax are trying to write the highway bill Committee and the members of the in the trust fund and spend it for the now. Senator DOMENICI says, ‘‘Well, Budget Committee are going to make purpose that gasoline taxes have al- let’s debate next year’s budget.’’ We that decision. But the people need to ways been spent every time there has are not debating next year’s budget. know something now. Why do we do it been a permanent gasoline tax in his- There is no guarantee that all of us now? Because, we have a highway bill tory before this gasoline tax, spend it will be on the same side of that debate. before the Senate, that is why. Now is for that purpose on highways and mass What we are doing is debating high- the time. Don’t wait until the oppor- transit. ways. We are saying, we have said by tunity has passed and say, ‘‘Well, we Now, in terms of this debate about overwhelming votes, including on Sen- should have done it when the highway the budget, what Senator DOMENICI is ator DOMENICI’s budget this year, that bill was before the Senate.’’ Let’s do it saying is, ‘‘Don’t amend the highway we want gasoline taxes to go to the now. bill; let me amend the budget. Don’t do trust fund. We want those taxes to be The distinguished Senator says he it today, decide it next year.’’ spent on highways. All we are saying is will welcome the debate. We have the highway bill before us. that we want to have a highway bill I, too, welcome the debate, and we The last highway bill that we wrote that reflects the position that we have won’t be running for the mountains lasted without a change in the amount taken not once but twice. Once in the crying for the rocks to fall on us. When of money being spent for 6 long years. budget this year, once in the tax cut the debate comes, we will be ready. The reason we debate a highway bill is this year. As I say, we just wanted to put to to write a highway bill. The point here This is not a new idea. This is some- rest some misunderstandings that were is as simple as it can be. Do you believe thing that we have approved over and being spread. I don’t blame anybody for that the gasoline tax which is in the over and over again. We think the time that. They were jumping to unmerited highway trust fund should be spent for has come to make it clear in the high- conclusions. We wanted to set that highways? If you do, then you are way bill—not in some future budget we straight. When the time comes, the going to end up supporting the amend- may write, but in the highway bill— that when we tell people their gasoline amendment will be offered, and I wel- ment that Senator BYRD and I are of- come any and all cosponsors, as do the fering. If you don’t believe that, you tax is going to highways, we want it to other sponsors. I don’t intend to con- are going to end up opposing it. go into highways. In terms of our language on the budg- vince my friend from New Mexico. I Finally, in terms of the whole debate et, we are just simply saying if you honor and respect him. He is one of the about the budget, this amendment does have outlay savings and if you spend brightest minds I have ever seen come not bust the budget. What this amend- them—two big ifs; if you have outlay ment does do is it raises the contract in this Senate, but let’s keep faith with savings and you spend them—you have authority for highways so that we have the American people. to fund the highway trust fund first. Ananias dropped dead, and so did an opportunity to compete for funds in I think the overwhelming majority of Sapphira, his wife. They lied, they lied appropriations to build highways. Our the American people are for it. I know to God. I’m not saying anybody has amendment is very clear on this point. there are other spending interests that lied, but I am saying we are not keep- I don’t want to go much further be- would rather have the money. That is ing faith with the American people. cause it is not fair to Senator DOMEN- not the debate today. The debate today The American people were told by us in ICI, given that we don’t have the is about highways, and we are for them 1956, Senator—I was here; I was over in amendment before us, but it simply and we want to build them. that other body—they were told that says two things, and I think it is clear I yield the floor. the money was going into that trust there are Members of the Senate who Mr. STEVENS. Mr. President, at a fund and would be coming back home do not support these two things—but I later date I will enjoy entering into the to meet the transportation needs of the do. discussion that has just been com- people. It says, No. 1, that if you have sav- menced. I assure the Senate it is not So, let’s keep faith with the Amer- ings by lower spending —it doesn’t say finished. I have great fondness for all ican people. And we will renew this de- anything about higher revenues from participants, but I have two worries. bate on another day, I say with great economic growing, any of that stuff. It One worry is the worry that the head of respect to all my friends. just says if we spend less than we have the Federal Reserve just announced we I yield the floor. in the budget and if you decide to are coming into a period of inflation, The PRESIDING OFFICER. The Sen- spend that money somewhere else—two and the second worry is whether the ator from Texas. ifs; it doesn’t say you will have the impact of the amendment as supported Mr. GRAMM. Mr. President, let me savings and it doesn’t say you will by the Senator from Texas would re- say it is awfully tempting to get into a spend it anywhere else—but it says if quire a reduction in discretionary debate here, and I will try to avoid you do have the savings and you decide spending for other accounts in the that as well. We will have an oppor- to spend it, you have to fund the high- years covered by the amendment of the tunity to do that the week after the re- way trust fund first. You have to fund Senator from West Virginia. That still cess when our amendment will be be- it first. has to be examined, in my opinion. fore us, the bill will be before us. Now, other people say, well, what is (The remarks of Mr. STEVENS and Mr. In the words of Ronald Reagan, let so important about it relative to all BYRD pertaining to the introduction of me ask Senator DOMENICI to take a lit- these other things we spend money on? S. 1292 are located in today’s RECORD tle walk with me down memory lane. What is important about it is we al- under ‘‘Statements on Introduced Bills When his budget was on the floor, I of- ready have a surplus of $23.7 billion and Joint Resolutions.’’) fered an amendment to take a position where we told the American people The PRESIDING OFFICER. The Sen- in the Senate that said that the 4.3- their money was going to build high- ator from Alaska.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10777 Mr. STEVENS. Mr. President, first, I I yield the floor and again thank the amendment or amendments of the see the Democratic leader here. I will senior Senator from Alaska. House, and the Senate would insist be very pleased to yield to my friend. f upon its amendment, agree to the re- We have a series of items and we have quest for a conference with the House, not yet introduced our bill, but we DISAPPROVING THE CANCELLA- and finally the Chair would be author- would be pleased to listen to the leader TIONS TRANSMITTED BY THE ized to appoint conferees on the part of who has this time reserved. PRESIDENT ON OCTOBER 6, 1997 the Senate. Mr. DASCHLE. I thank the Senator Mr. STEVENS. Mr. President, we The PRESIDING OFFICER. Is there from Alaska. I have a short tribute I have a bill at the desk. objection? Without objection, it is so would like to make. The PRESIDING OFFICER. The bill ordered. Mr. STEVENS. I shall wait. will be introduced and referred to the Mr. DASCHLE. I appreciate very f appropriate committee. much the indulgence of the senior Sen- UNANIMOUS-CONSENT Mr. STEVENS. I wish to have it read. ator from Alaska. I appreciate very AGREEMENT—S. 595, S. 916, S. 973 The PRESIDING OFFICER. The much the opportunity to have heard clerk will read the bill by title. Mr. STEVENS. Mr. President, I ask my distinguished colleague from West The bill clerk read as follows: unanimous consent the Governmental Virginia, our former leader, who is, in S. 1292 Affairs Committee be discharged from spirit, still our leader. further consideration of the following Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. The bills and the Senate proceed to their Democratic leader is recognized. resentatives of the United States of America in Congress assembled, That Congress dis- immediate consideration on en bloc: S. f approves of cancellations 97–4, 97–5, 97–6, 97– 595, S. 916, S. 973. These bills are var- LENNY OURSLER 7, 97–8, 97–9, 97–10, 97–11, 97–12, 97–13, 97–14, 97– ious post office naming bills. Mr. DASCHLE. Mr. President, Lenny 15, 97–16, 97–17, 97–18, 97–19, 97–20, 97–21, 97–22, I ask unanimous consent that the 97–23, 97–24, 97–25, 97–26, 97–27, 97–28, 97–29, 97– bills then be considered read for a third Oursler is somebody who has been with 30, 97–32, 97–33, 97–34, 97–35, 97–36, 97–37, 97–38, us here in the Senate for a long time. time and passed as amended, if amend- 97–39, and 97–40, as transmitted by the Presi- ed; further, I ask consent that the mo- Tomorrow he will be leaving the Sen- dent in a special message on October 6, 1997, ate to work in the Congressional Af- regarding Public Law 105–45. tions to reconsider be laid upon the table and any statements related to fairs Office of the Internal Revenue Mr. STEVENS. That is cosponsored any of these bills appear at this point Service. by the Senator from West Virginia and in the RECORD with the preceding oc- Lenny began work in the Senate sta- a series of other Senators, Mr. Presi- curring en bloc to the bills. tionery store in September 1981. He dent. I do wish to have it referred. The PRESIDING OFFICER. Without began work in the Democratic cloak- I had it read because I think the Sen- objection, it is so ordered. room in April of 1987. He has worked ate and those who are watching this over 16 years of Government service, 10 proceeding should know how sanitized f in the cloakroom, and he has been run- this process is. Those projects listed by JOHN GRIESEMER POST OFFICE ning the cloakroom, now, for the last 5 the simple numbers in the President’s BUILDING years. His tasks have been varied, in- message were denied the use of $287 A bill (S. 595) to designate the United cluding keeping Senators and staff ap- million for the men and women of the prised of floor action, acting as sooth- States Post Office building located at armed services. As was pointed out by sayer in predicting upcoming schedules Bennett Street and Kansas Expressway Senator FAIRCLOTH of North Carolina, with amazing accuracy, making sure in Springfield, Missouri, as the ‘‘John that is approximately the amount of that all Democrats reach the floor in Griesemer Post Office Building’’ was money we are spending per month in time to cast their votes, extending his considered, ordered to a third reading, Bosnia. Yet, each one of these projects exuberant hotlines with his trademark read the third time, and passed, as fol- was very much sought after by the De- ‘‘thank you.’’ lows: partment of Defense, was reviewed by I don’t know of anybody who has S. 595 worked in that capacity who is more eight committees of the Congress, was reviewed on the floor of the House and Be it enacted by the Senate and House of Rep- respected, and that respect is well resentatives of the United States of America in earned. He is always available. He fre- here on the floor of the Senate and in Congress assembled, conference, and once again brought quently works long, long hours and SECTION 1. DESIGNATION OF JOHN GRIESEMER autographs his work with excellence. back to each House. POST OFFICE BUILDING. There will be a large void in the cloak- I say again, the Senator from West The United States Post Office building lo- room that will be clearly difficult to Virginia makes a compelling case for cated at Bennett Street and Kansas Express- fill. He is well liked by Senators and his position, if this is to be the policy way in Springfield, Missouri, shall be known staff alike. He always has a cheerful of this administration, if there is to be and designated as the ‘‘John Griesemer Post Office Building’’. disposition, always has something nice an indiscriminate use of the line-item to say, a very positive person with an veto without regard to waste, without SEC. 2. REFERENCES. Any reference in a law, map, regulation, incredible outlook on life. Occasionally regard to the necessity of the money that Congress says must be spent. document, paper, or other record of the he even has a funny story to share that United States to the United States Post Of- I can repeat. So, I look forward to this bill being fice building referred to in section 1 shall be Indeed, the only fault I can think of referred to our committee. When we re- deemed to be a reference to the ‘‘John is that he is a diehard Cubs fan and he turn from the coming recess we shall Griesemer Post Office Building’’. may never be broken of that terrible proceed expeditiously. Senator BYRD f habit. I have been told by some of his and I have agreed these matters will be friends that on the golf course he has a kept in full committee so we will not BLAINE H. EATON POST OFFICE painfully ugly slice and his most valu- have to go through the subcommittee BUILDING able club is a ball retriever. process. And we will return this bill to The bill (S. 916) to designate the I know that Lenny will miss his fam- the Senate as quickly as possible. United States Post Office building lo- ily here. I know, too, he is looking for- f cated at 750 Highway 28 East in Tay- ward to the new challenges at IRS. He lorsville, Mississippi, as the ‘‘Blaine H. is looking forward to more predictable UNANIMOUS-CONSENT Eaton Post Office Building’’, was con- and regular hours so he can spend more AGREEMENT—S. 830 sidered, ordered to a third reading, time with his young sons, Nathan and Mr. STEVENS. I now would like to read the third time, and passed, as fol- Benjamin, and wife Sara. I know I perform a series of missions for the lows: speak for all my colleagues on both leadership. Therefore, I ask unanimous S. 916 sides of the aisle in wishing him luck consent when the Senate receives a Be it enacted by the Senate and House of Rep- and telling Lenny we will truly miss message from the House accompanying resentatives of the United States of America in him. S. 830, the Senate would disagree with Congress assembled,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE October 9, 1997 SECTION 1. DESIGNATION OF BLAINE H. EATON The amendment (No. 1322) was agreed The PRESIDING OFFICER. The POST OFFICE BUILDING. to. clerk will report. The United States Post Office building lo- Mr. STEVENS. I ask unanimous con- The bill clerk read as follows: cated at 750 Highway 28 East in Taylorsville, Mississippi, shall be known and designated sent that the bill be considered read for A concurrent resolution (H. Con. Res. 8) as the ‘‘Blaine H. Eaton Post Office Build- a third time and passed as amended, recognizing the significance of maintaining ing’’. further, I ask consent that the motion the health and stability of coral reef eco- systems. SEC. 2. REFERENCES. to reconsider be laid upon the table and Any reference in a law, map, regulation, any statements appear at this point in The PRESIDING OFFICER. Is there document, paper, or other record of the the RECORD. objection to the immediate consider- United States to the United States Post Of- The PRESIDING OFFICER. Without ation of the concurrent resolution? fice building referred to in section 1 shall be objection, it is so ordered. There being no objection, the Senate deemed to be a reference to the ‘‘Blaine H. The bill (S. 985), as amended, was proceeded to consider the concurrent Eaton Post Office Building’’. considered read the third time, and resolution, which had been reported f passed, as follows: from the Committee on Energy and DAVID B. CHAMPAGNE POST S. 985 Natural Resources with an amendment. (The parts of the concurrent resolu- OFFICE BUILDING Be it enacted by the Senate and House of Rep- tion intended to be stricken are shown The bill (S. 973) to designate the resentatives of the United States of America in Congress assembled, in boldface brackets and the parts of United States Post Office building lo- the concurrent resolution intended to cated at 551 Kingstown Road in Wake- SECTION 1. FINDINGS. Congress finds the following: be inserted are shown in italic.) field, Rhode Island, as the ‘‘David B. (1) Larry Eugene Doby was born in Cam- H. CON. RES. 8 Champagne Post Office Building’’, was den, South Carolina, on December 12, 1923, øWhereas coral reefs are among the world’s considered, ordered to a third reading, and moved to Paterson, New Jersey, in 1938. most biologically diverse and productive ma- read the third time, and passed, as fol- (2) After playing the 1946 season in the rine habitats, and are often described as the lows: Negro League for the Newark Eagles, Larry tropical rain forests of the oceans; S. 973 Doby’s contract was purchased by the Cleve- øWhereas healthy coral reefs provide the land Indians of the American League on July basis for subsistence, commercial fisheries, Be it enacted by the Senate and House of Rep- 3, 1947. and coastal and marine tourism and are of resentatives of the United States of America in (3) On July 5, 1947, Larry Doby became the vital economic importance to coastal States Congress assembled, first African-American to play in the Amer- and territories of the United States includ- SECTION 1. DESIGNATION OF DAVID B. CHAM- ican League. ing Florida, Hawaii, Georgia, Texas, Puerto PAGNE POST OFFICE BUILDING. (4) Larry Doby played in the American Rico, the Virgin Islands, Guam, American The United States Post Office building lo- League for 13 years, appearing in 1,533 games Samoa, and the Commonwealth of the North- cated at 551 Kingstown Road in Wakefield, and batting .283, with 253 home runs and 969 ern Mariana Islands; Rhode Island, shall be known and designated runs batted in. øWhereas healthy coral reefs function as as the ‘‘David B. Champagne Post Office (5) Larry Doby was voted to 7 all-star natural, regenerating coastal barriers, pro- Building’’. teams, led the American League in home tecting shorelines and coastal areas from SEC. 2. REFERENCES. runs twice, and played in 2 World Series. He high waves, storm surges, and accompanying Any reference in a law, map, regulation, was the first African-American to play in the losses of human life and property; document, paper, or other record of the World Series and to hit a home run in a øWhereas the scientific community has United States to the United States Post Of- World Series game, both in 1948. long established that coral reefs are subject fice building referred to in section 1 shall be (6) After his stellar playing career ended, to a wide range of natural and anthropogenic deemed to be a reference to the ‘‘David B. Larry Doby continued to make a significant threats; Champagne Post Office Building’’. contribution to his community. He has been øWhereas the United States has taken f a pioneer in the cause of civil rights and has measures to protect national coral reef re- received honorary doctorate degrees from sources through the designation and man- LARRY DOBY POST OFFICE Long Island University, Princeton Univer- agement of several marine protected areas, Mr. STEVENS. Mr. President, I ask sity, and Fairfield University. containing reefs of the Flower Garden Banks SEC. 2. DESIGNATION OF LARRY DOBY POST OF- in the Gulf of Mexico, the Florida Keys in unanimous consent the Governmental south Florida, and offshore Hawaii, Puerto Affairs Committee be discharged from FICE. (a) IN GENERAL.—The post office located at Rico, the Virgin Islands, and American further consideration of S. 985 and the 194 Ward Street in Paterson, New Jersey, Samoa; Senate proceed to its immediate con- shall be known and designated as the ‘‘Larry øWhereas the United States, acting sideration Doby Post Office’’. through its agencies, has established itself as The PRESIDING OFFICER. Without (b) REFERENCES.—Any reference in a law, a global leader in coral reef stewardship by objection, it is so ordered. map, regulation, document, paper, or other launching the International Coral Reef Ini- The bill clerk read as follows: record of the United States to the post office tiative and by maintaining professional net- referred to in subsection (a) shall be deemed works for the purposes of sharing knowledge A bill (S. 985) to designate the post office to be a reference to the ‘‘Larry Doby Post and information on coral reefs, furnishing located at 194 Ward Street in Paterson, New Office’’. near real-time data collected at coral reef Jersey, as the ‘‘Larry Doby Post Office.’’ sites, providing a repository for historical The Senate proceeded to consider the f data relating to coral reefs, and making sub- bill. MEASURES DISCHARGED AND stantial contributions to the general fund of PLACED ON THE CALENDAR— coral reef knowledge; and AMENDMENT NO. 1322 ø H.R. 1057 AND H.R. 1058 Whereas 1997 has been declared the Mr. STEVENS. I now ask unanimous ‘‘International Year of the Reef’’ by the consent the amendment No. 1322, at Mr. STEVENS. Mr. President, I ask coral reef research community and over 40 desk, submitted by Senator THOMPSON unanimous consent that the Govern- national and international scientific, con- to S. 985, be considered as read and mental Affairs Committee be dis- servation, and academic organizations: Now, agreed to. charged from further consideration of therefore, be it¿ The PRESIDING OFFICER. The the following bills and, further, that Whereas coral reefs are among the world’s most biologically diverse and productive marine clerk will report. they be placed on the calendar: H.R. habitats, and are often described as the tropical The bill clerk read as follows: 1057 and H.R. 1058. rain forest of the oceans; The Senator from Alaska [Mr. STEVENS], The PRESIDING OFFICER. Without Whereas healthy coral reefs provide the basis for Mr. THOMPSON, proposes an amendment objection, it is so ordered. for subsistence, commercial fisheries, and coast- numbered 1322. f al and marine tourism and are of vital economic Mr. STEVENS. Mr. President, I ask importance to coastal States and territories of unanimous consent that reading of the CORAL REEF ECOSYSTEMS the United States including Florida, Hawaii, Mr. STEVENS. Mr. President, I ask Georgia, Texas, Puerto Rico, the Virgin Islands, amendment be dispensed with. Guam, American Samoa, and the Common- The PRESIDING OFFICER. Without unanimous consent that the Senate wealth of the Northern Mariana Islands; objection, it is so ordered. proceed to the immediate consider- Whereas healthy coral reefs function as nat- The amendment is as follows: ation of Calendar No. 186, House Con- ural, regenerating coastal barriers, protecting On page 2, strike lines 14 through 16. current Resolution 8. shorelines and coastal areas from high waves,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10779 storm surges, and accompanying losses of tributions by supporting subsistence following bills, en bloc: S. 587, S. 588, S. human life and property; and commercial reef fisheries. Coral 589, and S. 591. I ask unanimous con- Whereas the scientific community has long es- reefs and the ecosystems they support sent that any committee amendments tablished that coral reefs are subject to a wide are under increasing pressure, pri- be agreed to; that the bills be read a range of natural and anthropogenic threats; Whereas a wide variety of destructive fishing marily from human activity. Of ap- third time and passed; that the mo- practices, including the use of cyanide, other proximately 600,000 square kilometers tions to reconsider be laid upon the poisons, surfactants, and explosives, are con- of coral reefs worldwide, estimates are table; and that any statements relating tributing to the global decline of coral reef eco- that 10 percent have been degraded be- to the bills appear at the appropriate systems; yond recovery and an additional 30 per- place in the RECORD, with the above oc- Whereas the United States has taken meas- cent are likely to decline significantly curring en bloc. ures to protect national coral reef resources within the next 20 years. The PRESIDING OFFICER. Without through the designation and management of several marine protected areas, containing reefs We must strengthen our commitment objection, it is so ordered. of the Flower Garden Banks in the Gulf of Mex- to be stewards of coral reefs, to dis- f ico, the Florida Keys in south Florida, and off- courage harmful fisheries and other shore Hawaii, Puerto Rico, the Virgin Islands, practices, to monitor and assess the HINSDALE COUNTY LANDS and American Samoa; health of these unique systems; and EXCHANGE ACT Whereas the United States, acting through its improve research of and education The Senate proceeded to consider the agencies, has established itself as a global leader about coral reef ecosystems. Further, bill (S. 587) to require the Secretary of in coral reef stewardship by launching the we must ensure that we balance preser- the Interior to exchange certain lands International Coral Reef Initiative and by main- taining professional networks for the purposes vation with sustainable use of our located in Hinsdale County, Colorado, of sharing knowledge and information on coral coral reef resources. We must identify which had been reported from the Com- reefs, furnishing near real-time data collected at factors contributing to the global de- mittee on Energy and Natural Re- coral reef sites, providing a repository for histor- cline of coral reef ecosystems and dis- sources, with an amendment to strike ical data relating to coral reefs, and making courage overfishing and other practices all after the enacting clause and insert- substantial contributions to the general fund of that are harmful to coral reefs and ing in lieu thereof the following: coral reef knowledge; and human health. SECTION 1. LARSON AND FRIENDS CREEK EX- Whereas 1997 has been declared the ‘‘Inter- It is significant that this resolution CHANGE. national Year of the Reef’’ by the coral reef re- is passed during the International Year (a) IN GENERAL.—In exchange for conveyance search community and over 40 national and to the United States of an equal value of offered international scientific, conservation, and aca- of the Reef to focus attention on re- search and public awareness of coral land acceptable to the Secretary of the Interior demic organizations: Now, therefore, be it that lies within, or in proximity to, the Handies Resolved by the House of Representatives reef issues. The resolution is an impor- Peak Wilderness Study Area, the Red Cloud (the Senate concurring), tant step to promote preservation and Peak Wilderness Study Area, or the Alpine Loop øThat the Congress recognizes the signifi- sustainable use of coral reef resources Backcountry Bi-way, in Hinsdale County, Colo- cance of maintaining the health and sta- worldwide. I appreciate the help of rado, the Secretary of the Interior shall convey bility of coral reef ecosystems, by— to Lake City Ranches, Ltd., a Texas limited ø(1) promoting comprehensive stewardship other Senators who have worked to see partnership (referred to in this section as for coral reef ecosystems; that our coral reefs are provided the ‘‘LCR’’), approximately 560 acres of selected ø(2) encouraging research, monitoring, and attention that they deserve. land located in that county and generally de- assessment of and education on coral reef Mr. STEVENS. Mr. President, I ask picted on a map entitled ‘‘Larson and Friends ecosystems; and unanimous consent that the committee Creek Exchange’’, dated June 1996. ø(3) improving the coordination of coral amendment to the concurrent resolu- (b) CONTINGENCY.—The exchange under sub- reef efforts and activities of Federal agen- tion be agreed to; that the concurrent section (a) shall be contingent on the granting cies, academic institutions, nongovern- resolution, as amended, be agreed to; by LCR to the Secretary of a permanent con- mental organizations, and industry.¿ That the Congress recognizes the significance of that the amendment to the preamble servation easement, on the approximately 440- maintaining the health and stability of coral be agreed to; and that the preamble, as acre Larson Creek portion of the selected land reef ecosystems, by— amended, be agreed to. I further ask (as depicted on the map), that limits future use (1) promoting comprehensive stewardship for unanimous consent that the motions to of the land to agricultural, wildlife, rec- reational, or open space purposes. coral reef ecosystems; reconsider be laid upon the table, and (2) discouraging unsustainable fisheries or (c) APPRAISAL AND EQUALIZATION.— that any statements relating to the (1) IN GENERAL.—The exchange under sub- other practices that are harmful to coral reefs resolution appear at the appropriate and human health; section (a) shall be subject to— (3) encouraging research, monitoring, and as- place in the RECORD. (A) the appraisal requirements and equali- sessment of and education on coral reef eco- The PRESIDING OFFICER. Without zation payment limitations set forth in section systems; objection, it is so ordered. 206 of the Federal Land Policy and Manage- (4) improving the coordination of coral reef ef- The committee amendment was ment Act of 1976 (43 U.S.C. 1716); and forts and activities of Federal agencies, aca- agreed to. (B) reviews and approvals relating to threat- demic institutions, nongovernmental organiza- The concurrent resolution (H. Con. ened species and endangered species, cultural tions, and industry; and and historic resources, and hazardous materials Res. 8), as amended, was agreed to. under other Federal laws. (5) promoting preservation and sustainable The amendment to the preamble was use of coral reef resources worldwide. (2) COSTS OF APPRAISAL AND REVIEW.—The agreed to. costs of appraisals and reviews shall be paid by Mr. INOUYE. Mr. President, I am The preamble, as amended, was LCR. pleased to rise today in support of agreed to. (3) CREDITING.—The Secretary may credit House Concurrent Resolution 8. The f payments under paragraph (2) against the value United States is beginning to take of the selected land, if appropriate, under sec- steps to maintain and protect our coral MEASURE DISCHARGED AND tion 206(f) of the Federal Land Policy and Man- reef ecosystems. This resolution en- REFERRED—S. 813 agement Act of 1976 (43 U.S.C. 1716(f)). courages us to continue to improve our Mr. STEVENS. Mr. President, I ask The committee amendment was stewardship of these treasures in the unanimous consent that the Veterans’ agreed to. sea. Coral reefs are among the most Affairs Committee be discharged from The bill (S. 587), as amended, was biologically diverse and productive ma- further consideration of S. 813 and that read the third time and passed. rine habitats. They occur throughout the bill be referred to the Judiciary f the world’s tropical and subtropical re- Committee. EAGLES NEST WILDERNESS gions and in the waters of two U.S. The PRESIDING OFFICER. Without EXPANSION ACT states, including my home state of Ha- objection, it is so ordered. waii. f The Senate proceeded to consider the Mr. President, coral reefs are vital to bill (S. 588) to provide for the expansion coastal economies, serving as the basis THE CALENDAR of the Eagles Nest Wilderness within for coastal and marine tourism in sev- Mr. STEVENS. Mr. President, I ask the Arapaho National Forest and the eral U.S. states and territories. Reefs unanimous consent that the Senate White River National Forest, Colorado, also make substantial economic con- now proceed to the consideration of the to include land known as the Slate

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10780 CONGRESSIONAL RECORD — SENATE October 9, 1997 Creek Addition, which has been re- the wilderness a parcel of real property approxi- AUTHORIZING PRODUCTION OF ported from the Committee on Energy mately 0.86–acres in size situated in the SW1⁄4 of RECORDS the NE1⁄4 of Section 28, Township 11 South, and Natural Resources, with an amend- Mr. STEVENS. Mr. President, I ask ment to strike all after the enacting Range 88 West of the 6th Principal Meridian, as depicted on the map entitled ‘‘Encroachment- unanimous consent that the Senate clause and inserting in lieu thereof the Raggeds Wilderness’’, dated November 17, 1993. proceed to the immediate consider- following: (d) MAP.—The map described in subsection (c) ation of Senate Resolution 135, sub- SECTION 1. SLATE CREEK ADDITION TO EAGLES shall be on file and available for inspection in mitted earlier today by Senators LOTT NEST WILDERNESS, ARAPAHO AND the appropriate offices of the Forest Service, De- and DASCHLE. WHITE RIVER NATIONAL FORESTS, partment of Agriculture. COLORADO. (e) CONVEYANCE OF LAND REMOVED FROM The PRESIDING OFFICER. The (a) SLATE CREEK ADDITION.—If, before Decem- WILDERNESS AREA.—The Secretary of Agri- clerk will report. ber 31, 2000, the United States acquires the par- culture shall use the authority provided by Pub- The bill clerk read as follows: cel of land described in subsection (b)— lic Law 97–465 (commonly known as the ‘‘Small A resolution (S. Res. 135) to authorize the (1) on acquisition of the parcel, the parcel Tracts Act’’) (16 U.S.C. 521c et seq.) to convey production of records by the Committee on shall be included in and managed as part of the all right, title, and interest of the United States Rules and Administration. Eagles Nest Wilderness designated by Public in and to the real property excluded from the The Senate proceeded to consider the Law 94–352 (16 U.S.C. 1132 note; 90 Stat. 870); boundaries of the Raggeds Wilderness under and subsection (c) to the owners of real property in resolution. (2) the boundary of Eagles Nest Wilderness is Gunnison County, Colorado, whose real prop- Mr. LOTT. Mr. President, the Com- adjusted to reflect the inclusion of the parcel. erty adjoins the excluded real property and who mittee on Rules and Administration (b) DESCRIPTION OF ADDITION.—The parcel re- have occupied the excluded real property in has received requests from various law ferred to in subsection (a) is the parcel generally good faith reliance on an erroneous survey. enforcement entities for copies of com- depicted on a map entitled ‘‘Slate Creek Addi- mittee records related to the commit- tion-Eagles Nest Wilderness’’, dated February The committee amendment was 1997, comprising approximately 160 acres in agreed to. tee’s inquiry into the 1996 Louisiana Summit County, Colorado, adjacent to the Ea- The bill (S. 589), as amended, was U.S. Senate election. The committee gles Nest Wilderness. read the third time and passed. anticipates future similar requests. The committee amendment was f In accord with standard Senate prac- tice, this resolution would authorize agreed to. DILLON RANGER DISTRICT the Rules Committee to provide com- The bill (S. 588), as amended, was TRANSFER ACT read the third time and passed. mittee records in response to these re- The Senate proceeded to consider the quests. f bill (S. 591) to transfer the Dillon Rang- Mr. STEVENS. Mr. President, I ask COLORADO BOUNDARY ADJUST- er District in the Arapaho National unanimous consent that the resolution MENT AND LAND CONVEYANCE Forest to the White River National be agreed to; that the preamble be ACT Forest in the State of Colorado, which agreed to; that the motion to recon- The Senate proceeded to consider the had been reported from the Committee sider be laid upon the table; and that bill (S. 589) to provide for a boundary on Energy and Natural Resources, with any statements relating to the resolu- adjustment and land conveyance in- an amendment to strike all after the tion appear at the appropriate place in volving the Raggeds Wilderness, White enacting clause and inserting in lieu the RECORD. River National Forest, Colorado, to thereof the following: The PRESIDING OFFICER. Without SECTION 1. INCLUSION OF DILLON RANGER DIS- objection, it is so ordered. correct the effects of earlier erroneous TRICT IN WHITE RIVER NATIONAL land surveys, which had been reported FOREST, COLORADO. The resolution (S. Res. 135) was from the Committee on Energy and (a) BOUNDARY ADJUSTMENTS.— agreed to. Natural Resources, with an amendment (1) WHITE RIVER NATIONAL FOREST.—The The preamble was agreed to. to strike all after the enacting clause boundary of the White River National Forest in The resolution, and its preamble, is and inserting in lieu thereof the fol- the State of Colorado is hereby adjusted to in- as follows: clude all National Forest System lands located lowing: S. RES. 135 in Summit County, Colorado, comprising the SECTION 1. BOUNDARY ADJUSTMENT AND LAND Dillon Ranger District of the Arapaho National Whereas, federal, state, and local law en- CONVEYANCE, RAGGEDS WILDER- Forest. forcement officials have requested that the NESS, WHITE RIVER NATIONAL FOR- Committee on Rules and Administration pro- EST, COLORADO. (2) ARAPAHO NATIONAL FOREST.—The bound- ary of the Arapaho National Forest is adjusted vide them with copies of records held by the (a) FINDINGS.—Congress finds that— to exclude the land transferred to the White committee related to the 1996 United States (1) certain landowners in Gunnison County, River National Forest by paragraph (1). Senate election in Louisiana; Colorado who own real property adjacent to the (b) REFERENCE.—Any reference to the Dillon Whereas, by the privileges of the Senate of portion of the Raggeds Wilderness in the White Ranger District, Arapaho National Forest, in the United States and Rule XI of the Stand- River National Forest, Colorado, have occupied any existing statute, regulation, manual, hand- ing Rules of the Senate, no evidence under or improved their property in good faith and in book, or other document shall be deemed to be a the control or in the possession of the Senate reliance on erroneous surveys of their properties reference to the Dillon Ranger District, White can, by administrative or judicial process, be that the landowners reasonably believed were River National Forest. taken from such control or possession but by accurate; (c) EXISTING RIGHTS.—Nothing in this section permission of the Senate; (2) in 1993, a Forest Service resurvey of the affects valid existing rights of persons holding Whereas, when it appears that documents, Raggeds Wilderness established accurate bound- any authorization, permit, option, or other form papers, and records under the control or in aries between the wilderness area and adjacent of contract existing on the date of the enactment the possession of the Senate may promote private lands; and of this Act. the administration of justice, the Senate will (3) the resurvey indicates that a small portion (d) FOREST RECEIPTS.—Notwithstanding the take such action as will promote the ends of of the Raggeds Wilderness is occupied by adja- distribution requirements of payments under the justice consistently with the privileges of cent landowners on the basis of the earlier erro- sixth paragraph under the heading ‘‘FOREST the Senate: Now, therefore, be it neous land surveys. SERVICE’’ in the Act entitled ‘‘An Act making Resolved, That the Committee on Rules and (b) PURPOSE.—It is the purpose of this section appropriations for the Department of Agri- Administration, either through formal ac- to remove from the boundaries of the Raggeds culture for the fiscal year ending June thirtieth, tion or by joint action of the Chairman and Wilderness certain real property so as to permit nineteen hundred and nine’’, approved May 23, Ranking Member, is authorized to provide to the Secretary of Agriculture to use the authority 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500), federal, state, and local law enforcement of- of Public Law 97–465 (commonly known as the the distribution of receipts from the Arapaho ficials copies of records held by the com- ‘‘Small Tracts Act’’) (16 U.S.C. 521c et seq.) to National Forest and the White River National mittee related to the 1996 United States Sen- convey the property to the landowners who oc- Forest to affected county governments shall be ate election in Louisiana. cupied the property on the basis of erroneous based on the national forest boundaries that ex- land surveys. isted on the day before the date of enactment of f (c) BOUNDARY ADJUSTMENT.—The boundary this Act. of the Raggeds Wilderness, Gunnison and White MORNING BUSINESS River national Forests, Colorado, as designated The committee amendment was by section 102(a)(16) of Public Law 96–560 (94 agreed to. (During today’s session of the Sen- Stat. 3267; 16 U.S.C. 1132 note), is hereby modi- The bill (S. 591), as amended, was ate, the following morning business fied to exclude from the area encompassed by read the third time and passed. was transacted.)

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10781 REGISTRATION OF MASS Way Employees (BMWE) and Amtrak by the profitable freight railroads. The MAILINGS over wages and work rules. At question freight deal for the BMWE would cost The filing date for 1997 third quarter is Amtrak’s ability to pay for any in- Amtrak $25 million in FY98. If it were mass mailings is October 27, 1997. If crease in wages during the difficult fi- extended to all of Amtrak’s employees, your office did no mass mailings during nancial times the railroad is currently it would cost Amtrak $250 million. I se- this period, please submit a form that going through. riously doubt that Congress would ap- Using the Railway Labor Act, the states ‘‘none.’’ propriate funds for these wages. As it President has named a Presidential Mass mailing registrations, or nega- is, the railroad is currently borrowing Emergency Board to recommend a so- tive reports, should be submitted to just to meet existing daily expenses. lution to the dispute. It concluded its Mr. President, my colleagues have to the Senate Office of Public Records, 232 investigation and made its rec- be realistic. I look forward to working Hart Building, Washington, DC 20510– ommendations. The parties are now in with both the Majority Leader and 7116. a 30 day ‘‘cooling off’’ period to con- Senate Labor Committee Chairman to The Public Records Office will be sider the recommendations. If no find the right solution to this dilemma. open from 8 a.m. to 6 p.m. on the filing agreement is reached by the end of this Mr. President, in that spirit, I plan date to accept these filings. For further period, which falls on October 22nd, we to move forward on Amtrak’s reform information, please contact the Public could have a strike or a management legislation. I have had extensive dis- Records Office on (202) 224–0322. ‘‘lockout of employees’’. Either action cussions with the Majority Leader on f would have the effect of shutting down this matter and he feels the same way. Mr. LOTT. The Senator from Texas is THE VERY BAD DEBT BOXSCORE all commuter operations, as well as other services, across the country. A correct. Amtrak is an important part Mr. HELMS. Mr. President, at the strike would not be confined to the of the national transportation system, close of business yesterday, Wednes- Northeast Corridor, but would affect not just for the Northeast Corridor, but day, October 8, 1997, the Federal debt all of the passengers in the entire Am- for the entire interstate passenger rail stood at $5,412,240,204,620.07. (Five tril- trak system. system. This summer, in the Taxpayer lion, four hundred twelve billion, two Amtrak’s largest operations are in Relief Act, Congress provided Amtrak hundred forty million, two hundred the Northeast Corridor, where a large with a secure source of funding for cap- four thousand, six hundred twenty dol- number of commuter authorities be- ital assets—some $2.3 billion for infra- lars and seven cents) tween Washington, New York and Bos- structure. I worked hard for those One year ago, October 8, 1996, the ton depend on that infrastructure to funds, against considerable opposition, Federal debt stood at $5,221,529,000,000. operate their railroads. as did the Chairman of the Senate Fi- (Five trillion, two hundred twenty-one They include: the MBTA or Massa- nance Committee and the Chairman of billion, five hundred twenty-nine mil- chusetts Bay Transportation Author- the Subcommittee on Surface Trans- lion) ity, CONNDOT, Long Island Railroad, portation. Five years ago, October 8, 1992, the NJ Transit, the SEPTA or South- Rail transportation will continue to Federal debt stood at $4,052,485,000,000. eastern Pennsylvania Transportation play a critical role in the American (Four trillion, fifty-two billion, four Authority, and the two local services, intermodal passenger system through hundred eighty-five million) the MARC or Maryland Commuter the 21st century. However, rail trans- Ten years ago, October 8, 1987, the service and the VRE or Virginia Rail- portation of passengers cannot be done Federal debt stood at $2,372,340,000,000. way Express. Each one of these com- without federal and state funding. It (Two trillion, three hundred seventy- muter authorities use the Northeast simply cannot be done. Just as com- two billion, three hundred forty mil- Corridor. If Amtrak cannot operate the mercial air transportation of pas- lion) Corridor, these services come to a halt. sengers would have never gotten off the Fifteen years ago, October 8, 1982, the In addition, freight carriers such as ground without federal and state as- Federal debt stood at $1,132,671,000,000 Conrail who use the Corridor would be sistance, rail transportation of pas- (One trillion, one hundred thirty-two seriously affected, because Amtrak op- sengers will not progress unless Con- billion, six hundred seventy-one mil- erates much of the track on the North- gress provides infrastructure assist- lion) which reflects a debt increase of east corridor. ance. more than $4 trillion— Mr. President, let me put this in per- Congress is willing to support Am- $4,279,569,204,620.07 (Four trillion, two spective. When a 60-day cooling off pe- trak, on the condition that Amtrak be hundred seventy-nine billion, five hun- riod recently expired in California, the reformed. That is why we insisted that dred sixty-nine million, two hundred San Francisco Bay Area’s commuter not one dime of that $2.3 billion be four thousand, six hundred twenty dol- railroad was shut down by a strike spent until a reform package is ap- lars and seven cents) during the past 15 which stranded 270,000 commuters. proved by Congress. If Amtrak is to survive, it is critical years. Dispatchers at Norfolk Southern, which carries commuters between Ma- that we complete our work on the au- f nassas, Virginia, and Washington, DC thorizing legislation. However, the AMTRAK CRISIS recently called a ‘‘wildcat’’ strike for Senate still has some colleagues who three hours and the VRE had to cancel are holding up the authorization bill Mrs. HUTCHISON. Mr. President, one-half of its afternoon trains. over labor provisions. These provisions Amtrak is at a crisis point. Actually, it But if Amtrak is shut down, it won’t are essentially identical to language faces two crises: a strike and the finan- be one commuter authority paralyzed that labor supported just last year. cial crisis brought about by failure to as we saw in San Francisco or Virginia, Now some of our colleagues find them reform the railroad. Reform is a pre- it will be many. It won’t be thousands unacceptable. Organized labor has requisite to accessing the much-needed of commuters, it will be millions. joined the Administration in creating a capital Congress provided for the rail- If this happens, the strike in San moving target. If this continues, Am- road in the Balanced Budget bill. Con- Francisco will pale by comparison. trak may never get the capital we pro- gress decided when that bill was passed Mr. President, my colleagues need to vided. that it did not make sense to provide be aware of this situation, because the Mr. President, there will be no cap- that money unless the railroad was Senate needs to address it head-on be- ital, I repeat, no $2.3 billion in capital able to act more like a business. I fore we leave in November. funds provided until an authorization strongly support intercity passenger Congress has to act because the fu- is enacted. rail but believe that reform is essential ture of America’s railroad depends on I support a national rail system, but before putting this major financial it. Amtrak is simply in a no-win situa- I will not support continued inefficient commitment in place. tion. Amtrak cannot afford the terms use of taxpayers money. First, and most immediately, Am- of the PEB and it cannot afford a If Amtrak is ever going to operate trak is facing a possible national shut strike. like a business, it must have flexi- down because of an impasse between The PEB recommended a package of bility. It needs freedom from federal the Brotherhood of Maintenance of wage increases recently implemented laws

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE October 9, 1997 that tie its hands at the collective bar- It is true that Hispanic-Americans enlargement. Mr. President, I ask per- gaining table. Amtrak’s labor rules faced discrimination in this country. In mission for the text of Secretary must be the same as the private sec- recent years, however, we have made Albright’s statement be printed in the tor’s, just like in other transportation great strides to eliminate legal and so- RECORD. Following my remarks. modes. Labor’s unwillingness to nego- cietal barriers to their full integration The PRESIDING OFFICER. Without tiate makes it appear that severance into American life. Since the passage objection, it is so ordered. packages are more important than rail of laws barring employment discrimi- (See exhibit 1.) passenger service. nation, Hispanics have made great ad- Mr. BIDEN. The second hearing Mayor John Robert Smith, of Merid- vancements economically and, with today will feature testimony of distin- ian, Mississippi, has noted that rail la- the passage of the Voting Rights Act, guished experts who are for and against bor’s message seems to be that they have increased their participation in enlargement. Later in the month the are more willing to allow Amtrak to go the political process. There are cur- committee will hear examinations of under and sacrifice all 23,000 Amtrak rently 17 members of the Congressional cost and burden-sharing, of the quali- employees to unemployment than to Hispanic Caucus. fications for membership of the three allow collective bargaining in the re- Just recently, a great Hispanic Con- candidate countries—Poland, the Czech form bill. Like me, he is appalled that gressional leader, Congressman HENRY Republic, and Hungary, and of the new the rail union leadership, supposedly B. GONZALEZ, announced his retirement relationship between NATO and Rus- representing its workers, would aban- to the great sadness of his colleagues. sia. The final hearing will be reserved don them for its own purposes. Equally HENRY GONZALEZ has served as the for public testimony from individuals amazing is the fact that the Amtrak dean of the Hispanic Caucus and is the and groups with special interest in the reform language is language that the former chairman, and now ranking NATO enlargement issue. union leadership itself once drafted, member, of the Committee on Banking Through these hearings, the Com- supported, and came in my office to and Financial Services. mittee on Foreign Relations hopes to ask me to support. And I did. I proudly worked with him when I inform not only the entire Senate on Mrs. HUTCHISON. The Majority served in the House of Representatives this critically important issue, but also Leader has summed up this situation and witnessed for myself his hard work the American public. exactly. If we really care about our na- and commitment to doing what is Mr. President, as my colleagues tional rail passenger system, the com- right. Dean GONZALEZ has given 36 know, I have spoken many times in munities that it serves, the employees years of dedicated service to his con- some detail on this floor about the that work there and the role it plays in stituents in Texas, the Hispanic com- issue of NATO enlargement. As the our transportation infrastructure, then munity and the American people. He Committee on Foreign Relations we need to take up and pass the Am- came to Washington in 1961, after serv- launches its series of hearings, I would trak authorization bill that has been ing in the San Antonio City Council like briefly to recapitulate why I be- reported from the Commerce Com- and the Texas State Legislature, and lieve NATO enlargement is in the best mittee. If the Senate wants to give was the first Hispanic Congressman interest of the United States. Amtrak the tools it needs to run a na- ever elected from the State of Texas. Europe remains a vital area of inter- tional system and collectively bargain And back in December, 1976, Dean GON- est for the United States for political, with the employees, the Senate needs ZALEZ, with 4 other members of Con- strategic, economic, and cultural rea- to act now. gress, founded the Congressional His- sons. A sizable percentage of the The clock is ticking and time is run- panic Caucus. world’s democracies are in Europe, and ning out. Congress needs to act or Dean GONZALEZ has served as a leader the continent remains a major global there most likely will be a national and trail blazer for Hispanic-Americans economic player and partner of the rail strike, crippling transportation of and an inspiration to all Americans. He United States. The European Union, people and goods across the country. demonstrated to all of us that, as a na- with a combined population a third Congress also needs to act on the Am- tion, we are capable of coming to- larger than ours, has a combined gross trak reforms to ensure it receives ade- gether, of overcoming discrimination, domestic product that exceeds ours. quate capital funding and becomes sol- and of celebrating the cultural bounty While the United States has a larger vent. If Congress doesn’t act, there will brought by people of all backgrounds. and less balanced trading relationship be no national rail passenger system. When he leaves the House later this with Asia than with Europe, we invest Mr. LOTT. Senator HUTCHISON and I year, I know that he will be sorely far more in Europe. Several new de- are committed to bring the Amtrak re- missed by his colleagues in the House mocracies in Central and Eastern Eu- form bill to the floor, but not against a of Representatives and by those of us rope have highly educated work forces, swell of opposition. It’s a very clear cut in the Senate who had the good fortune already boast rapidly expanding econo- choice. My colleagues need to decide if to work with him. mies, and already attract considerable they want a national rail system or Dean GONZALEZ is just one of many American investment. Moreover, most not. great Hispanic-Americans. I am proud Americans trace their ethnic and cul- HISPANIC HERITAGE MONTH to add my tribute to these Americans tural roots to Europe, and millions re- Mr. DASCHLE. Mr. President, it is and thank them for enriching our so- tain personal ties to it. with great pleasure that I join with my cial, intellectual and artistic life. Other than North America, no other colleagues in celebrating Hispanic Her- f part of the world can match Europe’s itage Month. Hispanic Heritage Month combination of political, economic, pays a special tribute to a group of THE STRATEGIC RATIONALE FOR military, and cultural power. By any Americans that have made important NATO ENLARGEMENT geopolitical standard, it would be a ca- and lasting contributions to this coun- Mr. BIDEN. Mr. Prsident, this week tastrophe for U.S. interests if insta- try’s political, cultural and intellec- the Committee on Foreign Relations bility would alter the current situation tual life. began a comprehensive series of six in Europe. Hispanic Americans are people of di- hearings on NATO enlargement. I com- Of course no one believes that the verse background. Their forebears mend Chairman HELMS for holding Russian Army is poised to pour came from Mexico, Cuba, Puerto Rico, these hearings at this busy time. He through the Fulda Gap in Germany— Central and South America, and and I have met at great length to con- NATO’s horror scenario for 45 years. Spain—at different times and for dif- struct the agenda as preparation for Rather, the threats to stability in Eu- ferent reasons. Nonetheless, they share the committee’s acting expeditiously rope have changed, but they are, if a common culture and a deeply held be- next year to consider the enlargement anything, even more real than those of lief in the American Dream. They came amendment to the Washington Treaty. the cold war: ethnic and religious ha- here to share in the freedom and pros- At the committee’s first hearing on tred as horrifyingly shown in the hun- perity that we have achieved as a na- October 7, Secretary of State Mad- dreds of thousands killed, raped, made tion and have added greatly to that eleine Albright outlined the homeless, or otherwise brutalized in richness. adminsitration’s strategic rationale for Bosnia, and the well-organized forces of

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10783 international crime, whose tentacles North Atlantic Council directed the Al- EXHIBIT 1 extend from Moscow and Palermo to liance to come up with a definitive cost STATEMENT BY SECRETARY OF STATE MAD- New York and Los Angeles. estimate for the NATO ministerial ELEINE K. ALBRIGHT BEFORE THE SENATE Unfortunately, the history of the meeting in December. FOREIGN RELATIONS COMMITTEE, OCTOBER 7, 20th century has demonstrated that 1997 Whatever the final, authoritative out of enlightened self-interest the Chairman Helms, Senator Biden, members cost estimate turns out to be, we must United States must play a leading role of the committee: It is with a sense of appre- be certain that our current allies, and in organizing the security of Europe. In ciation and anticipation that I come before our future allies, pay their fair share of you to urge support for the admission of the two world wars and lately in Bosnia the enlargement costs. Czech Republic, Hungary and Poland to without American leadership the coun- NATO. tries of Europe have been unable to re- Similarly, before we in the Senate Each of us today is playing our part in the solve their differences peacefully. vote on whether or not to admit Po- long unfolding story of America’s modern Translated into 1997 terms it means land, the Czech Republic, and Hungary partnership with Europe. That story began that we must lead the Europeans to to NATO, we must settle what we plan not in Madrid, when the President and his create a new security architecture to to do in Bosnia after the expiration of fellow NATO leaders invited these three new guarantee stability to the areas most the mandate for SFOR in June 1998. democracies to join our Alliance, nor eight That in itself is an immensely com- years ago when the Berlin Wall fell, but half vulnerable to disruption, namely Cen- a century ago when your predecessors and tral and Eastern Europe, where newly plicated topic, for which there is inad- mine dedicated our nation to the goal of a independent states are striving to cre- equate time to discuss today. After my secure, united Europe. ate and soldify political democracy and latest trip to Bosnia at the end of Au- It was then that we broke with the Amer- free markets. It is a difficult process, gust, I am more convinced than ever ican aversion to European entanglements, an which if not put into a larger frame- that we are making progress and that aversion which served us well in our early work could spin out of control. we must not abandon the international days, but poorly when we became a global It is in this context that the enlarge- effort to reach a lasting, peaceful, and power. It was then that we sealed a peace- ment of NATO must be seen. During just solution for that troubled land. time alliance open not only to the nations which had shared our victory in World War the cold war, NATO provided the secu- But whatever post-SFOR plan we ham- II, but to our former adversaries. It was then rity umbrella under which former en- mer out, it must be done on the basis that this committee unanimously rec- emies like France and Germany were of sharing the risks and costs with our ommended that the Senate approve the able to cooperate and build highly suc- European allies and with non-NATO original NATO treaty. cessful free societies. contributors to SFOR. The history books will long record that It was the framework in which day as among the Senate’s finest. On that NATO enlargement need not ad- day, the leaders of this body rose above par- former pariahs like Germany, Italy, versely affect our relations with Rus- and Spain could be reintegrated into tisanship and they rose to the challenge of a sia. In fact, we must redouble our pivotal moment in the history of the world. democratic Europe. And it was NATO peaceful engagement with Russia in Mr. Chairman, I believe you are continuing that kept the feud between Greece and the hope that its nascent democracy that tradition today. I thank you for your Turkey from escalating to warfare. and free market system will mature decision to hold these hearings early, for the The enlargement of NATO can now sufficiently so that some day it may bipartisan manner in which you and Senator Biden are conducting them, and for the seri- serve to move the zone of stability fully join the Western world. The eastward to Central Europe and there- ous and substantive way in which you have NATO-Russia Founding Act of May 1997 framed our discussion. by both prevent ethnic conflicts from is a significant step in the right direc- escalating and forestall a scramble for I am honored to be part of what you have tion. rightly called the beginning of the process of new bilateral and multilateral pacts Enlargement plans have been accom- advice and consent. And I am hopeful that along the lines of the 1930’s from occur- with your support, and after the full na- ring. panied by a redefinition of NATO’s mis- tional debate to which these hearings will In fact, it is already happening. In sion and force posture. The alliance’s contribute, the Senate will embrace the ad- anticipation of NATO membership, sev- primary mission remains the same: dition of new members to NATO. It would be eral Central and East European coun- treating an attack on one member as fitting if this renewal of our commitment to tries have recently settled long-stand- an attack on all, and responding security in Europe could come early next ing disputes. through the use of armed force if nec- year, as Congress celebrates the 50th anni- essary. versary of its approval of the Marshall Plan. If NATO were not to enlarge, how- As I said, and as you can see, I am very ever, the countries between Germany NATO’s new strategic concept em- conscious of history today. I hope that you and Russia would inevitably seek other phasizes rapid and flexible deployment. and your colleagues will look back as I have means to protect themselves. The ques- The three new members, plus other on the deliberations of 1949, for they address tion for today is not, as is often as- countries like Slovenia and Romania so many of the questions I know you have sumed, enlarge NATO or remain the in the near future, will enhance now: How much will a new alliance cost and same. The status quo is simply not an NATO’s ability to project power, if nec- what are its benefits? Will it bind us to go to war? Will it entangle us in far away quar- option. essary, into crisis areas like the Middle Finally, there is the moral argument rels? East. We should take a moment to remember for enlargement. For 40 years the what was said then about the alliance we are United States loudly proclaimed its In addition, in the current post-cold war situation, missions like peace- striving to renew and expand today. solidarity with the captive nations who Senator Vandenberg, Chairman Helms’ ex- were under the heel of communist op- keeping, sometimes in cooperation traordinary predecessor, predicted that pressors. Now that most of them have with non-NATO powers, have become NATO would become ‘‘the greatest war de- cast off their shackles, it is our respon- possible. The SFOR joint effort in Bos- terrent in history.’’ He was right. American sibility to live up to our pledges to re- nia with Russia and several other non- forces have never had to fire a shot to defend admit them into the West through NATO countries, which I mentioned a NATO ally. earlier, is an excellent example. This Committee, in its report to the Sen- NATO and the European Union when ate on the NATO treaty, predicted that it they are fully qualified. NATO enlargement corresponds to would ‘‘free the minds of men in many na- NATO enlargement, of course, like America’s security requirements in the tions from a haunting sense of insecurity, any venture, is not cost-free. Earlier 21st century. As long as the costs of en- and enable them to work and plan with that this year the Pentagon issued a study largement are equitably shared among confidence in the future which is essential to that estimated the cost to the United current and future NATO members, economic recovery and progress.’’ Your pred- States to be around $200 million per and as long as we have agreed upon a ecessors were right. NATO gave our allies year for 10 years. Other estimates by fair and coherent plan for Bosina after time to rebuild their economies. It helped reconcile their ancient animosities. And it the Congressional Budget Office and by SFOR, I believe that my Senate col- made possible an unprecedented era of unity the Rand Corp. have varied consider- leagues will vote to ratify NATO en- in Western Europe. ably, according to risk assumptions. At largement when it comes before us President Truman said that the NATO pact the July NATO Summit in Madrid, the next spring. ‘‘will be a positive, not a negative, influence

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE October 9, 1997 for peace, and its influence will be felt not whatever the future may hold, it will be in ing the alliance in too many missions. Let only in the area it specifically covers but our interest to have a vigorous and larger al- me assure you that we invited only the throughout the world.’’ And he was right, liance with those European democracies that strongest candidates to join the Alliance. too. NATO gave hope to democratic forces in share our values and our determination to And nothing about enlargement will change West Germany that their country would be defend them. NATO’s core mission, which is and will re- welcome and secure in our community if We recognize NATO expansion involves a main the collective defense of NATO soil. they kept making the right choices. Ulti- solemn expansion of American responsibil- At the same time, it is important to re- mately, it helped bring the former fascist ities in Europe. It does not bind us to re- member that NATO has always served a po- countries into a prosperous and democratic spond to every violent incident by going to litical function as well. It binds our allies to Europe. And it helped free the entire planet war. But it does oblige us to consider an us just as it binds us to our allies. So when from the icy grip of the Cold War. armed attack against one ally an attack you consider the candidacy of the Czech Re- Thanks in no small part to NATO, we live against all and to respond with such action public, Hungary and Poland, Mr. Chairman, I in a different world. Our Soviet adversary as we deem necessary, including the use of ask you to consider this: has vanished. Freedom’s flag has been un- force, to restore the security of the North When peace is threatened somewhere in furled from the Baltics to Bulgaria. The Atlantic area. the world and we decide it is in our interest threat of nuclear war has sharply dimin- As Americans, we take our commitments to act, here are three nations we have been ished. As I speak to you today, our imme- seriously and we do not extend them lightly. able to count on to be with us. In the fight diate survival is not at risk. Mr. Chairman, you and I do not agree on ev- against terror and nuclear proliferation, here Indeed, you may ask if the principle of col- erything, but we certainly agree that any are three nations we have been able to count lective defense at NATO’s heart is relevant major extension of American commitments on. In our effort to reform the UN, here are to the challenges of a wider and freer Eu- must serve America’s strategic interests. three nations we have been able to count on. rope. You may ask why, in this time of rel- Let me explain why welcoming the Czech When we speak out for human rights around ative peace, are we so focused on security? Republic, Hungary and Poland into NATO the world, here are three nations we will al- The answer is, we want the peace to last. meets that test. ways be able to count on. We want freedom to endure. And we believe First, a larger NATO will make us safer by Here are three nations that know what it there are still potential threats to our secu- expanding the area in Europe where wars means to lose their freedom and who will do rity emanating from European soil. simply do not happen. This is the productive what it takes to defend it. Here are three de- You have asked me, Mr. Chairman, what paradox at NATO’s heart: By imposing a mocracies that are ready to do their depend- these threats are. I want to answer as plainly price on aggression, it deters aggression. By able part in the common enterprise of our al- as I can. making clear that we will fight, if necessary, liance of democracies. First, there are the dangers of Europe’s to defend our allies, it makes it less likely Mr. Chairman, the third reason why a larg- past. It is easy to forget this, but for cen- our troops will ever be called upon to do so. er NATO serves our interests is that the very turies virtually every European nation treat- Now, you may say that no part of Europe promise of it gives the nations of central and ed virtually every other as a military threat. faces any immediate threat of armed attack eastern Europe an incentive to solve their That pattern was broken only when NATO today. That is true. And I would say that the own problems. To align themselves with was born and only in the half of Europe purpose of NATO enlargement is to keep it NATO, aspiring countries have strengthened NATO covered. With NATO, Europe’s armies that way. Senator Vandenberg said it in 1949: their democratic institutions. They have prepared to fight beside their neighbors, not ‘‘[NATO] is not built to stop a war after it made sure that soldiers serve civilians, not against them; each member’s security came starts, although its potentialities in this re- the other way around. They have signed 10 to depend on cooperation with others, not gard are infinite. It is built to stop wars be- major accords that taken together resolve competition. fore they start.’’ virtually every old ethnic and border dispute That is one reason why NATO remains es- It is also fair to ask if it is in our vital in- in the region, exactly the kind of disputes sential, even though the Cold War is over. It terest to prevent conflict in central Europe. that might have led to future Bosnias. In is also one reason why we need a larger There are those who imply it is not. I’m sure fact, the three states we have invited to join NATO, so that the other half of Europe is fi- you have even heard a few people trot out NATO have resolved every outstanding dis- nally embedded in the same cooperative what I call the ‘‘consonant cluster clause,’’ pute of this type. structure of military planning and prepara- the myth that in times of crisis Americans I have been a student of central European tion. will make no sacrifice to defend a distant history and I have lived some of it myself. A second set of dangers lies in Europe’s city with an unpronounceable name, that we When I see Romanians and Hungarians build- present. Because of conflict in the Balkans will protect the freedom of Strasbourg but ing a genuine friendship after centuries of and the former Soviet Union, Europe has al- not Szczecin, Barcelona, but not Brno. enmity, when I see Poles, Ukrainians and ready buried more victims of war since the Let us not deceive ourselves. The United Lithuanians forming joint military units Berlin Wall fell than in all the years of the States is a European power. We have an in- after years of suspicion, when I see Czechs Cold War. It is sobering to recall that this vi- terest not only in the lands west of the Oder and Germans overcoming decades of mis- olence has its roots in the same problems of river, but in the fate of the 200 million people trust, when I see central Europeans con- shattered states and hatred among ethnic who live in the nations between the Baltic fident enough to improve their political and groups that tyrants exploited to start this and Black Seas. We waged the Cold War in economic ties with Russia, I know something century’s great wars. part because these nations were held captive. remarkable is happening. Finally, Mr. Chairman, and most impor- We fought World War II in part because these NATO is doing for Europe’s east precisely tant, we must consider the dangers of Eu- nations had been invaded. what it did—precisely what this Committee rope’s future. By this I mean direct threats Now that these nations are free, we want predicted it would do—for Europe’s west against the soil of NATO members that a them to succeed and we want them to be after World War II. It is helping to vanquish collective defense pact is designed to meet. safe, whether they are large or small. For if old hatreds, to promote integration and to Some are visible on Europe’s horizon, such there were a major threat to the security of create a secure environment for economic as the threat posed by rogue states with dan- their region, if we were to wake up one prosperity. This is another reminder that the gerous weapons that might have Europe morning to the sight of cities being shelled contingencies we do not want our troops to within their range and in their sights. Others and borders being overrun, I am certain that face, such as ethnic conflict, border skir- may not seem apparent today, in part be- we would choose to act, enlargement or no mishes, and social unrest are far more easily cause the existence of NATO has helped to enlargement. Expanding NATO now is sim- avoided with NATO enlargement than with- deter them. But they are not unthinkable. ply the surest way to prevent that kind of out it. Within this category lie questions about threat from arising, and thus the need to In short, a larger NATO will prevent con- the future of Russia. We have an interest in make that kind of choice. flict, strengthen NATO, and protect the seeing Russian democracy endure. We are Mr. Chairman, the second reason why en- gains of stability and freedom in central and doing all we can with our Russian partners largement passes the test of national inter- eastern Europe. That is the strategic ration- to see that it does. And we have many rea- est is that it will make NATO stronger and ale. But I would be disingenuous if I did not sons to be optimistic. At the same time, one more cohesive. The Poles, Hungarians and tell you that I see a moral imperative as should not dismiss the possibility that Rus- Czechs are passionately committed to NATO well. For this is a policy that should appeal sia could return to the patterns of its past. and its principles of shared responsibility. to our hearts as well as to our heads, to our By engaging Russia and enlarging NATO, we Experience has taught them to believe in a sense of what is right as well as to our sense give Russia every incentive to deepen its strong American leadership role in Europe. of what is smart. commitment to democracy and peaceful re- Their forces have risked their lives alongside NATO defines a community of interest lations with neighbors, while closing the av- ours from the Gulf War to Bosnia. Just last among the free nations of North America enue to more destructive alternatives. month, Czech soldiers joined our British al- and Europe that both preceded and outlasted We do not know what other dangers may lies in securing a police station from heavily the Cold War. America has long stood for the arise 10, 20, or even 50 years from now. We do armed Bosnian Serb extremists. proposition that this Atlantic community know enough from history and human expe- Mr. Chairman, I know you have expressed should not be artificially divided and that its rience to believe that a grave threat, if al- concern that enlargement could dilute NATO nations should be free to shape their destiny. lowed to arise, would arise. We know that by adding too many members and by involv- We have long argued that the nations of

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10785 central and eastern Europe belong to the man, and in our consultations with our al- do we contemplate permanently stationing same democratic family as our allies in lies, needs to be on defining the level of mili- substantial combat forces. The only binding western Europe. tary capability we want our old and new al- limits on conventional forces in Europe will We often call them ‘‘former communist lies to have in this favorable environment, be set as we adapt the CFE treaty, with cen- countries,’’ and that is true in the same and then making sure that they commit to tral European countries and all the other sense that America is a ‘‘former British col- that level. We must spend no more than we signatories at the table, and we will proceed ony.’’ Yes, the Czechs, Poles, and Hungarians must, but no less than we need to keep on the principle of reciprocity. were on the other side of the Iron Curtain NATO strong. Another important concern is that en- during the Cold War. But we were surely on Another common concern about NATO en- largement may create a new dividing line in the same side in the ways that truly count. largement is that it might damage our co- Europe between a larger NATO and the coun- As Americans, we should be heartened operation with a democratic Russia. Russian tries that will not join in the first round. We today that so many of Europe’s new democ- opposition to NATO enlargement is real. But have taken a range of steps to ensure this racies wish to join the institutions Ameri- we should see it for what it is: a product of does not happen. cans did so much to build. They are our old misperceptions about NATO and old ways President Clinton has pledged that the friends and we should be proud to welcome of thinking about its former satellites in first new members will not be the last. them home. central Europe. Instead of changing our poli- NATO leaders will consider the next steps in We should also think about what would cies to accommodate Russia’s outdated fears, the process of enlargement before the end of happen if we were to turn them away. That we need to encourage Russia’s more modern the decade. We have strengthened NATO’s would mean freezing NATO at its Cold War aspirations. Partnership for Peace program. We have cre- membership and preserving the old Iron Cur- This means that we should remain Russia’s ated a new Euro-Atlantic Partnership Coun- tain as its eastern frontier. It would mean most steadfast champion whenever it seeks cil, through which NATO and its democratic locking out a whole group of otherwise quali- to define its greatness by joining inter- partners throughout Europe will shape the fied democracies simply because they were national institutions, opening its markets missions we undertake together. We have once, against their will, members of the War- and participating constructively in world af- made it clear that the distinction between saw Pact. fairs. It means we should welcome Russia’s the nations NATO invited to join in Madrid Why would America choose to be allied decision to build a close partnership with and those it did not is based purely on objec- with Europe’s old democracies forever, but NATO, as we did in the NATO-Russia Found- tive factors—unlike the arbitrary line that its new democracies never? There is no ac- ing Act. would divide Europe if NATO stood still. ceptable, objective answer to that question. But when some Russian leaders suggest Among the countries that still aspire to Instead, it would probably be said that we that a larger NATO is a threat, we owe it membership, there is enthusiastic support blocked the aspirations of our would-be al- candor to say that is false—and to base our for the process NATO has begun. Had you lies because Russia objected. And that, in policies on what we know to be true. When seen the crowds that cheered the President turn, could cause confidence to crumble in they imply that central Europe is special, in Romania in July, had you been with me central Europe, leading to a search for secu- that its nations still are not free to choose when I spoke to the leaders of Lithuania and rity by other means, including costly arms their security arrangements, we owe it to Slovenia, you would have sensed how eager buildups and competition among neighbors. candor to say that times have changed, and these nations are to redouble their efforts. We have chosen a better way. We have cho- that no nation can assert its greatness at the They understand a simple fact: With en- sen to look at the landscape of the new Eu- expense of its neighbors. We do no favor to largement, no new democracy is perma- rope and to ask a simple question: Which of Russian democrats and modernizers to sug- nently excluded; without enlargement, every these nations that are so clearly important gest otherwise. new democracy would be permanently ex- to our security are ready and able to con- I believe our approach is sound and pro- cluded. The most important thing the Senate tribute to our security? The answer to that ducing results. Over the past year, against can do to reassure them now is to get the question is before you today, awaiting your the backdrop of NATO enlargement, reform- ball rolling by ratifying the admission of the affirmation. ers have made remarkable gains in the Rus- first three candidates. I said at the outset, Mr. Chairman, that sian government. We have agreed to pursue Mr. Chairman, a final concern I wish to ad- there are weighty voices on both sides of this deeper arms reductions. Our troops have dress has to do with Bosnia. debate. There are legitimate concerns with built a solid working relationship on the Some have suggested that our debate on which we have grappled along the way, and ground in Bosnia. Russia was our full partner NATO enlargement simply cannot be sepa- that I expect you to consider fully as well. at the Summit of the Eight in Denver and it rated from our actions and decisions in that Let me address a few. has joined the Paris Club of major inter- troubled country. I agree with them. Both First, we all want to make sure that the national lenders. enlargement and our mission in Bosnia are costs of expansion are distributed fairly. What is more, last week in New York we aimed at building a stable undivided Europe. Last February, at the behest of Congress and signed documents that should pave the way Both involve NATO and its new partners to before the Alliance had decided which na- for the Russian Duma to ratify the START II the east. tions to invite to membership, the Adminis- treaty. While this prospect is still by no It was our experience in Bosnia that tration made a preliminary estimate of means certain, it would become far less so if proved the fundamental premise of our en- America’s share. Now that we have settled we gave the Duma any reason to think it largement strategy: there are still threats to on three candidates, we are working with our could hold up NATO enlargement by holding peace and security in Europe that only allies to produce a common estimate by the up START II. NATO can meet. It was in Bosnia that our December meeting of the North Atlantic As you know Mr. Chairman, last week, prospective allies proved they are ready to Council. At this point, the numbers we agree NATO and Russia held the first ministerial take responsibility for the security of others. upon as 16 allies are needed prior to any fur- meeting of their Permanent Joint Council. It was in Bosnia that we proved NATO and ther calculations made in Washington. This council gives us an invaluable mecha- Russian troops can work together. I know you are holding separate hearings nism for building trust between NATO and We cannot know today if our mission in in which my Pentagon colleagues will go Russia through dialogue and transparency. Bosnia will achieve all its goals, for that ul- into this question in detail. But I will say I know that some are concerned NATO’s timately depends on the choices the Bosnian this: I am convinced that the cost of expan- new relationship with Russia will actually people will make. But we can say that what- sion is real but affordable. I am certain our go too far. You have asked me for an affir- ever may happen, NATO’s part in achieving prospective allies are willing and able to pay mation, Mr. Chairman, that the North At- the military goals of our mission has been a their share, because in the long run it will be lantic Council remains NATO’s supreme de- resounding success. Whatever may happen, cheaper for them to upgrade their forces cision making body. Let me say it clearly: It our interest in a larger, stronger NATO will within the alliance than outside it. As Sec- does and it will. The NATO-Russia Founding endure long after the last foreign soldier has retary of State, I will insist that our old al- Act gives Russia no opportunity to dilute, left Bosnia. lies share this burden fairly. That is what delay or block NATO decisions. NATO’s al- We can also say that NATO will remain the NATO is all about. lies will always meet to agree on every item most powerful instrument we have for build- I know there are serious people who esti- on their agenda before meeting with Russia. ing effective military coalitions such as mate that a larger NATO will cost far more And the relationship between NATO and SFOR. At the same time, Bosnia does not by than we have anticipated. The key fact Russia will grow in importance only to the itself define the future of a larger NATO. about our estimate is that it is premised on extent Russia uses it constructively. NATO’s fundamental purpose is collective the current, favorable security environment The Founding Act also does not limit defense against aggression. Its most impor- in Europe. Obviously, if a grave threat were NATO’s ultimate authority to deploy troops tant aim, if I can paraphrase Arthur Vanden- to arise, the cost of enlargement would rise. or nuclear weapons in order to meet its com- berg, is to prevent wars before they start so But then so would the cost of our entire de- mitments to new and old members. All it it does not have to keep the peace after they fense budget. does is to restate unilaterally existing NATO stop. In any case, there are budgetary con- policy: that in the current and foreseeable These are some of the principal concerns I straints in all 16 NATO democracies that will security environment, we have no plan, no wanted to address today; I know you have prevent costs from ballooning. That is why need, and no intention to station nuclear many more questions and I look forward to the main focus of our discussion, Mr. Chair- weapons in the new member countries, nor answering them all.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10786 CONGRESSIONAL RECORD — SENATE October 9, 1997 This discussion is just beginning. I am glad Behind those impressive sales figures MEASURES REFERRED that it will also involve other committees of are thousands of hard-working Ken- The following bill was read the first the Senate, the NATO Observers’ Group and tuckians committed to doing the best the House of Representatives. Most impor- and second times by unanimous con- job possible. sent and referred as indicated: tant, I am glad it will involve the people of Their hard work not only put Toyota the United States. For the commitment a and Ford at the top of the charts, but H.R. 901. An act to preserve the sov- larger NATO entails will only be meaningful ereignty of the United States over public if the American people understand and ac- their local communities and the state lands and acquired lands owned by the cept it. come out winners as well. A strong United States, and to preserve State sov- When these three new democracies join company with productive workers is a ereignty and private property rights in non- NATO in 1999, as I trust they will, it will be boost to the local economy and a suc- Federal lands surrounding those public lands a victory for us all, Mr. Chairman. And on cessful plant is a powerful recruitment and acquired lands; to the Committee on En- that day, we will be standing on the shoul- tool for the state. ergy and Natural Resources. ders of many. Mr. President, number one sales We will be thankful to all those who pros- The Committee on Veterans’ Affairs ecuted the Cold War, to all those on both mean a number one production team. I was discharged from further consider- sides of the Iron Curtain who believed that know I speak for my fellow Kentuck- ation of the following measure which the goal of containment was to bring about ians when I say we’re awfully proud of was referred to the Committee on the the day when the enlargement of our demo- all the hard work that put the Toyota Judiciary: cratic community would be possible. and Ford vehicles at the top. S. 813. A bill to amend chapter 91 of title We will be grateful to all those who cham- Keep up the good work and know 18, United States Code to provide criminal pioned the idea of a larger NATO—not just that you’ve made all Kentuckians penalties for theft and willful vandalism at President Clinton, or President Havel, or proud. national cemeteries. President Walesa, but members of Congress from both parties who voted for resolutions f f urging the admission of these three nations. MESSAGES FROM THE PRESIDENT MEASURES PLACED ON THE We will owe a debt to the Republican mem- CALENDAR bers who made NATO enlargement part of Messages from the President of the their Contract with America. United States were communicated to The following measures were dis- Today, all of our allies and future allies the Senate by Mr. Williams, one of his charged from the Committee on Gov- are watching you for one simple reason. The secretaries. ernmental Affairs and ordered placed American Constitution is unique in the EXECUTIVE MESSAGES REFERRED on the calendar: power it grants to the legislative branch As in execution session the Presiding H.R. 1057. An act to designate the building over foreign policy, especially over treaties. in Indianapolis, Indiana, which houses the In this matter, Mr. Chairman, members of Officer laid before the Senate messages operations of the Circle City Station Post the Committee, you and the American people from the President of the United Office as the ‘‘Andrew Jacobs, Jr. Post Office you represent are truly in the driver’s seat. States submitting sundry nominations That is as it should be. In fact, I enjoy which were referred to the appropriate Building.’’ going to Europe and telling our allies: ‘‘This H.R. 1058. An act to designate the facility committees. of the United States Postal Service under is what we want to do, but ultimately, it will (The nominations received today are be up to our Senate and our people to de- construction at 150 West Margaret Drive in printed at the end of the Senate pro- Terre Haute, Indiana, as the ‘‘John T. Myers cide.’’ I say that with pride because it tells ceedings.) them something about America’s faith in the Post Office Building.’’ democratic process. f The following measure was read the But I have to tell you that I say it with MESSAGES FROM THE HOUSE first and second times by unanimous confidence as well. I believe we will stand to- consent and placed on the calendar: gether, Mr. Chairman, when the time comes At 1:02 p.m., a message from the H.R. 2607. An act making appropriations for the Senate to decide, because I know that House of Representatives, delivered by for the government of the District of Colum- the policy we ask you to embrace is a policy Mr. Hays, one of its reading clerks, an- bia and other activities chargeable in whole that the Administration and Congress nounced that the House agrees to the or in part against the revenues of said Dis- shaped together, and because I am certain report of the committee of conference trict for the fiscal year ending September 30, that it advances the fundamental interests on the disagreeing votes of the two 1998, and for other purposes. of the United States. Houses on the amendment of the Sen- Thank you very much. ate to the bill (H.R. 2169) making ap- f f propriations for the Department of REPORTS OF COMMITTEE CONGRATULATIONS TO KENTUCKY Transportation and related agencies The following report of committee FORD AND TOYOTA WORKERS for the fiscal year ending September 30, was submitted: Mr. FORD. Mr. President, I want to 1998, and for other purposes. By Mr. STEVENS, from the Committee on take just a moment today to talk At 2:34 p.m., a message from the Appropriations: Special Report entitled ‘‘Further Revised about some hard working Kentuckians. House of Representatives, delivered by Earlier this month marked the close of Allocation To Subcommittees of Budget To- Ms. Goetz, one of its reading clerks, an- tals from the Concurrent Resolution for Fis- the 1997 year for car models. With that nounced that the House has passed the closing came the news that the Toyota cal Year 1998’’ (Rept. No. 105–104). following bill, in which it requests the By Mr. ROTH, from the Committee on Fi- Camry was the best-selling car in the concurrence of the Senate: nance, without amendment: United States and that Ford’s F-Series H.R. 901. An act to preserve the sov- S. 1278. An original bill to extend pref- trucks are the number one selling ereignty of the United States over public erential treatment to certain products im- trucks in the nation for the 16th year lands and acquired lands owned by the ported from Caribbean Basin countries in a row. Also at the top were the Ford United States, and to preserve State sov- (Rept. No. 105–105). Explorer as the number one sports util- ereignty and private property rights in non- By Mr. MURKOWSKI, from the Committee ity vehicle and the Ranger as the num- Federal lands surrounding those public lands on Energy and Natural Resources, with an ber one compact pickup. and acquired lands. amendment in the nature of a substitute: S. 660. A bill to provide for the continu- I’m proud to say that the number one At 6:19 p.m., a message from the ation of higher education through the con- car, truck and sports utility vehicle all House of Representatives, delivered by veyance of certain public lands in the State have ‘‘made in Kentucky’’ stamped in- Ms. Goetz, one of its reading clerks, an- of Alaska to the University of Alaska, and side. The Camry is built in Georgetown for other purposes (Rept. No. 105–106). nounced that the House has passed the and two of the Ford trucks—the F–250 By Mr. THOMPSON, from the Committee following bill, in which it requests the and the F–350—along with both the on Government Affairs, with amendments concurrence of the Senate: Ranger and the Explorer, are all made and an amendment to the title: in Louisville. About 80 percent of the H.R. 2607. An act making appropriations S. 207. A bill to review, reform, and termi- for the government of the District of Colum- nate unnecessary and inequitable Federal Camrys sold in the nation come from bia and other activities chargeable in whole subsidies (Rept. No. 105–107). Kentucky, while the Kentucky-made or in part against the revenues of said Dis- By Mr. HATCH, from the Committee on Ford trucks account for about 26 per- trict for the fiscal year ending September 30, the Judiciary, with an amendment in the na- cent of the F-Series sales. 1998, and for other purposes. ture of a substitute:

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10787 S. 10. A bill to reduce violent juvenile onstration Act of 1992 to provide for the Asian elephants and projects of persons with crime, promote accountability by juvenile transfer of services and personnel from the demonstrated expertise in the conservation criminals, punish and deter violent gang Bureau of Indian Affairs to the Office of Self- of Asian elephants; to the Committee on En- crime, and for other purposes (Rept. No. 105– Governance, to emphasize the need for job vironment and Public Works. 108). creation on Indian reservations, and for By Mr. TORRICELLI (for himself and By Mr. HATCH, from the Committee on other purposes; to the Committee on Indian Mr. LAUTENBERG): the Judiciary, with an amendment in the na- Affairs. S. 1288. A bill to amend the Harmonized ture of a substitute: By Mr. CAMPBELL: Tariff Schedule of the United States to pro- H.R. 1847. A bill to improve the criminal S. 1280. A bill to provide technical correc- vide duty-free treatment for certain in-line law relating to fraud against consumers. tions to the Native American Housing As- skates; to the Committee on Finance. S. 900. A bill to provide for sentencing en- sistance and Self-Determination Act of 1996, By Mr. ALLARD (for himself and Mr. hancements and amendments to the Federal to improve the delivery of housing assistance CAMPBELL): Sentencing Guidelines for offenses relating to Indian tribes in a manner that recognizes S. 1289. A bill to temporarily decrease the to the abuse and exploitation of children, the right of tribal self-governance, and for duty on certain industrial nylon fabrics; to and for other purposes. other purposes; to the Committee on Indian the Committee on Finance. By Mr. HATCH, from the Committee on Affairs. By Mr. HATCH: the Judiciary, without amendment: By Mr. MURKOWSKI (for himself and S. 1290. A bill for the relief of Saeed Rezai; S. 1024. A bill to make chapter 12 of title 11 Mr. CAMPBELL): to the Committee on the Judiciary. of the United States Code permanent, and for S. 1281. A bill to amend the Indian Employ- By Mr. HATCH (for himself, Mr. FEIN- other purposes. ment, Training and Related Services Dem- GOLD, Mr. THOMAS, Mr. BROWNBACK, By Mr. HATCH, from the Committee on onstration Act of 1992 to provide for the Mr. ROBERTS, and Mr. BURNS): the Judiciary, with an amendment in the na- transfer of services and personnel from the S. 1291. A bill to permit the interstate dis- ture of a substitute: Bureau of Indian Affairs to the Office of Self- tribution of State-inspected meat under cer- S. 1149. A bill to amend title 11, United Governance, to facilitate the creation of em- tain circumstances; to the Committee on Ag- States Code, to provide for increased edu- ployment opportunities for American Indi- riculture, Nutrition, and Forestry. cation funding, and for other purposes. ans and Alaska Natives, and for other pur- By Mr. STEVENS (for himself, Mr. By Mr. HATCH, from the Committee on poses; to the Committee on Indian Affairs. BYRD, Mr. BURNS, Mrs. MURRAY, Mr. the Judiciary, without amendment: By Mr. AKAKA (for himself, Ms. AKAKA, Mr. ALLARD, Mr. BOND, Mr. S. 1189. A bill to increase the criminal pen- MOSELEY-BRAUN, and Mrs. MURRAY): BAUCUS, Mr. BENNETT, Mr. BINGAMAN, alties for assaulting or threatening Federal S. 1282. A bill to provide for the establish- Mrs. BOXER, Mr. CAMPBELL, Mr. judges, their family members, and other pub- ment of the National Museum for the Peo- COCHRAN, Mr. COVERDELL, Mr. CRAIG, lic servants, and for other purposes. pling of America within the Smithsonian In- Mr. D’AMATO, Mr. DOMENICI, Mr. f stitution, and for other purposes; to the FAIRCLOTH, Mr. FORD, Mr. FRIST, Mr. Committee on Rules and Administration. EXECUTIVE REPORTS OF GRAHAM, Mr. HATCH, Mr. HELMS, Mrs. By Mr. BUMPERS (for himself, Ms. HUTCHISON, Mr. INOUYE, Mr. KEMP- COMMITTEES MOSELEY-BRAUN, and Mr. HUTCH- THORNE, Mr. LEAHY, Mr. LOTT, Mr. The following executive reports of INSON): MACK, Mr. MCCONNELL, Mr. MOY- S. 1283. A bill to award Congressional gold NIHAN, Mr. REID, Mr. ROBERTS, Mr. committees were submitted: medals to Jean Brown Trickey, Carlotta SANTORUM, Mr. SARBANES, Mr. SPEC- By Mr. HATCH, from the Committee on Walls LaNier, Melba Patillo Beals, Terrence TER, Mr. THOMPSON, and Mr. WAR- the Judiciary: Roberts, Gloria Ray Karlmark, Thelma Charles J. Siragusa, of New York, to be NER): Mothershed Wair, Ernest Green, Elizabeth S. 1292. A resolution disapproving the can- United States District Judge for the Western Eckford, and Jefferson Thomas, commonly District of New York. cellations transmitted by the President on referred collectively as the ‘‘Little Rock October 6, 1997, regarding Public Law 105–45; Richard Conway Casey, of New York, to be Nine’’ on the occasion of the 40th anniver- United States District Judge for the South- to the Committee on Appropriations, pursu- sary of the integration of the Central High ant to the order of section 1025 of Public Law ern District of New York. School in Little Rock, Arkansas; to the Ronald Lee Gilman, of Tennessee, to be 93–344 for seven days of session. Committee on Banking, Housing, and Urban By Mr. ROCKEFELLER (for himself United States Circuit Judge for the Sixth Affairs. Circuit. and Ms. SNOWE): By Mr. ROBERTS: S. 1293. A bill to improve the performance Raymond C. Fisher, of California, to be As- S. 1284. A bill to prohibit construction of outcomes of the child support enforcement sociate Attorney General. any monument, memorial, or other structure program in order to increase the financial James S. Gwin, of Ohio, to be United at the site of the Iwo Jima Memorial in Ar- stability and well-being of children and fami- States District Judge for the Northern Dis- lington, Virginia, and for other purposes; to lies; to the Committee on Finance. trict of Ohio. the Committee on Energy and Natural Re- By Mr. JEFFORDS: Algenon L. Marbley, of Ohio, to be United sources. S. 1294. A bill to amend the Higher Edu- States District Judge for the Southern Dis- By Mr. FAIRCLOTH (for himself, Mrs. cation Act of 1965 to allow the consolidation trict of Ohio. HUTCHISON, Mr. MACK, Mr. LOTT, Mr. of student loans under the Federal Family Dale A. Kimball, of Utah, to be United ABRAHAM, Mr. SHELBY, Mr. ALLARD, Loan Program and the Direct Loan Program; States District Judge for the District of Mr. ASHCROFT, Mr. BROWNBACK, Mr. to the Committee on Labor and Human Re- Utah. BURNS, Mr. CAMPBELL, Mr. COCHRAN, sources. (The above nominations were re- Mr. COVERDELL, Mr. CRAIG, Mr. ported with the recommendation that D’AMATO, Mr. DEWINE, Mr. FRIST, f they be confirmed, subject to the nomi- Mr. GORTON, Mr. GRAMM, Mr. GRAMS, Mr. GRASSLEY, Mr. HAGEL, Mr. SUBMISSION OF CONCURRENT AND nees’ commitment to respond to re- SENATE RESOLUTIONS quests to appear and testify before any HELMS, Mr. HUTCHINSON, Mr. INHOFE, Mr. KYL, Mr. BENNETT, Mr. MCCAIN, The following concurrent resolutions duly constituted committee of the Sen- Mr. MCCONNELL, Mr. MURKOWSKI, Mr. ate.) and Senate resolutions were read, and NICKLES, Mr. SESSIONS, Mr. SMITH of referred (or acted upon), as indicated: f Oregon, Mr. THOMAS, Mr. THURMOND, Mr. WARNER, and Ms. SNOWE): By Mrs. BOXER (for herself, Mr. KOHL, INTRODUCTION OF BILLS AND S. 1285. A bill to amend the Internal Rev- Mr. CHAFEE, Ms. MOSELEY-BRAUN, JOINT RESOLUTIONS enue Code of 1986 to provide that married Mr. KENNEDY, Mr. BIDEN, Mr. KERRY, The following bills and joint resolu- couples may file a combined return under Mrs. FEINSTEIN, Mr. JEFFORDS, Mr. HARKIN, Mr. DURBIN, Mr. TORRICELLI, tions were introduced, read the first which each spouse is taxed using the rates Mr. REED, Mr. INOUYE, Mr. AKAKA, and second time by unanimous con- applicable to unmarried individuals; to the Committee on Finance. Mr. LEVIN, Mr. LAUTENBERG, Ms. MI- sent, and referred as indicated: By Mr. JEFFORDS: KULSKI, Mr. WELLSTONE, and Mr. By Mr. ROTH: S. 1286. A bill to amend the Internal Rev- ROBB): S. 1278. An original bill to extend pref- enue Code of 1986 to exclude from gross in- S. Res. 133. A resolution expressing the erential treatment to certain products im- come certain amounts received as scholar- sense of the Senate that every handgun sold ported from Caribbean Basin countries; from ships by an individual under the National in the United States should include a child the Committee on Finance; placed on the Health Corps Scholarship Program; to the safety device; to the Committee on the Judi- calendar. Committee on Finance. ciary. By Mr. CAMPBELL (for himself and S. 1287. A bill to assist in the conservation By Mr. GRAHAM (for himself and Mr. Mr. MURKOWSKI): of Asian elephants by supporting and pro- LUGAR): S. 1279. A bill to amend the Indian Employ- viding financial resources for the conserva- S. Res. 134. A resolution expressing the ment, Training and Related Services Dem- tion programs of nations within the range of sense of the Senate that the United States

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10788 CONGRESSIONAL RECORD — SENATE October 9, 1997 should give high priority to working with federal bureaucrats, in the driver’s sition, by the federal government, of partners in the Americas to address shared seat. what we think will work for them. I foreign policy and security problems in the The Act empowers tribal govern- would like to highlight the fact that Western Hemisphere; to the Committee on ments to consolidate formula funds this Demonstration Act has cost the Foreign Relations. they receive for employment training By Mr. LOTT (for himself and Mr. federal government nothing—- the at- DASCHLE): and education services into one pro- traction of the program is in stream- S. Res. 135. A resolution to authorize the gram—which in turn enables tribes to lining paperwork and other administra- production of records by the Committee on streamline services provided, while tive burdens and operating primarily Rules and Administration; considered and cutting administrative time and costs. at the local level. The philosophy of agreed to. The Act does contain certain limita- the program is similar to that of the By Mr. BIDEN (for himself, Mr. MACK, tions and in practice tribes have faced Self-Governance model under which Mr. ABRAHAM, Mr. AKAKA, Mr. a few roadblocks. tribes, under contract with the United ASHCROFT, Mr. BAUCUS, Mr. BENNETT, This bill removes these limitations, Mrs. BOXER, Mr. BRYAN, Mr. CAMP- States, manage services and programs BELL, Mr. CHAFEE, Mr. COCHRAN, Mr. expands programs affected by the Act, formerly provided by the federal gov- COVERDELL, Mr. D’AMATO, Mr. and broadens permissible job creation ernment. DASCHLE, Mr. DEWINE, Mr. DORGAN, activities. The unemployment problem The witnesses at the May hearing Mr. DURBIN, Mr. FAIRCLOTH, Mr. in Indian country is well-documented. discussed problems that they have had FRIST, Mr. FORD, Mr. GLENN, Mr. Tribes currently suffer from a national with the lead agency, the BIA. Of the GORTON, Mr. GRAMS, Mr. GRASSLEY, unemployment rate of approximately four tribal participants testifying, all Mr. HAGEL, Mr. HATCH, Mr. HUTCH- 52%, with some like the Oglala Sioux expressed dissatisfaction with the BIA. INSON, Mrs. HUTCHISON, Mr. INOUYE, Tribe suffer from a rate of 95%. In com- Mr. JOHNSON, Mr. KENNEDY, Mr. LAU- One testified that ‘‘the Bureau of In- TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. parison, the national unemployment dian Affairs has been the biggest obsta- LOTT, Ms. MIKULSKI, Ms. MOSELEY- rate is 6%. The lack of employment op- cle to the implementation of P.L. 102– BRAUN, Mr. MOYNIHAN, Mr. MUR- portunities in Indian country has exac- 477.’’ 20 tribal applicants representing KOWSKI, Mrs. MURRAY, Mr. REED, Mr. erbated an already-poor health situa- more than 175 tribes currently partici- REID, Mr. ROBB, Mr. ROCKEFELLER, tion, and has lead to grinding social pate in this demonstration, yet the Mr. ROTH, Mr. SARBANES, Mr. SMITH problems such as crime, domestic BIA states that it has only two full- of Oregon, Mr. SPECTER, Mr. THOMAS, abuse, and alcohol and drug abuse. time employees committed to working Mr. THURMOND, Mr. TORRICELLI, Mr. While gaming has aided a few tribal WELLSTONE, and Mr. WYDEN): on this program, and that number is in S. Res. 136. A resolution designating Octo- economies over the past decade, the dispute. Additionally, all tribal wit- ber 17, 1997, as ‘‘National Mammography great majority of tribes continue to nesses reported significant delays in re- Day.’’; considered and agreed to. struggle with joblessness and poverty. ceiving programs funds consolidated f Gaming is not the long term solution under their approved plans. to the goal of tribal self-determination Reasons for the delays ranged from STATEMENTS ON INTRODUCED and economic self-sufficiency. Diverse BILLS AND JOINT RESOLUTIONS deliberate withholding to poor ac- job creation is. counting procedures on the part of the By Mr. CAMPBELL (for himself The Indian Employment, Training, BIA. The May hearing, as well as sub- and Mr. MURKOWSKI): and Related Services Demonstration sequent meetings held with the Tribal S. 1279. A bill to amend the Indian Act provides tribes with a valuable tool Working Group for the Demonstration Employment, Training and Related in combating reservation unemploy- Act, have made clear that there is a Services Demonstration Act of 1992 to ment. Indian tribes, like many Amer- consensus among participating tribes provide for the transfer of services and ican communities, are struggling to that the OSG should undertake this personnel from the Bureau of Indian comply with the work requirements of program. The bill proposes to transfer Affairs to the Office of Self-Govern- the new welfare reform law. By focus- authority to the OSG because that of- ance, to emphasize the need for job cre- ing on job creation as a necessary com- fice has a proven track record in work- ation on Indian reservations, and for ponent to any employment training ing with tribes to consolidate programs other purposes; to the Committee on program, tribes can add a new weapon and services and to achieve more effec- Indian Affairs. in their battle against joblessness and tive delivery to tribal members. THE INDIAN EMPLOYMENT TRAINING AND RE poverty. - If this Congress is serious about en- LATED SERVICES DEMONSTRATION ACT One of the more consistent obstacles couraging self-determination and self- AMENDMENTS OF 1997 to greater success with the Act is the Mr. CAMPBELL. Mr. President, Bureau of Indian Affairs management sufficiency, we must provide tribes today I am pleased to introduce legis- of the program. To remedy this prob- with the tools they need to further lation which amends the Indian Em- lem, the bill transfers lead agency re- these goals. Reservation economic de- ployment, Training, and Related Serv- sponsibilities from the Bureau of In- velopment and job creation go hand-in- ices Demonstration Act of 1992 (P.L. dian Affairs (BIA) to the Office of Self- hand and we cannot ignore this basic 102–477). The current Act has proven Governance (OSG), both agencies con- fact. successful and represents one of the tained within the Department of the The current Act has gone far in per- few programs that works for Indian Interior. On May 13, 1997, the Com- mitting tribes to do more with less, as country. I want to thank Senator MUR- mittee on Indian Affairs conducted an the quality of training and education KOWSKI for his work on his own ‘‘477’’ oversight hearing to discuss the services has risen with increased job bill that takes aim at the specific prob- progress made by tribes under the Act. placements. These amendments take lems experienced by Alaska natives in Tribe after tribe testified and revealed the next logical step, which is to en- administering the 477 program. I am that this program is working, and courage job creation and make the pleased to co-sponsor his and that he is working well. Tribes participating in promise of the program a reality for co-sponsoring my legislation. the program testified that the program those that want to work and want to be It is my hope that together we can has reduced the federal paperwork bur- productive and want to improve their develop amendments that will clarify den associated with applying for re- lives and the lives of their families. and strengthen the program for Amer- lated programs by as much as 96%, re- With that, Mr. President, I ask unan- ican Indians and Alaska natives and duced administration time and costs of imous consent that additional material lead to better training programs and delivering job training services to trib- be printed in the RECORD. higher job placements. The main rea- al customers while enhancing the qual- There being no objection, the bill was son for the success of the 477 program ity of services rendered. ordered to be printed in the RECORD, as is that it relies on the tribes them- Most importantly, witnesses indi- follows: selves to make the key decisions in- cated great increases in job placements S. 1279 volving the design and implementation for tribal members. One of the reasons Be it enacted by the Senate and House of Rep- of employment training and related for the success of this program is that resentatives of the United States of America in matters. This program puts tribes, not it is voluntary. It is not another impo- Congress assembled,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10789 SECTION 1. SHORT TITLE. (2) by striking ‘‘Federal departmental’’ and of the Native American Housing Assist- This Act may be cited as the ‘‘Indian Em- inserting ‘‘Federal agency’’; ance and Self-Determination Act of ployment, Training and Related Services (3) by striking ‘‘department’’ each place it 1996 (NAHASDA), Indian housing is no Demonstration Act Amendments of 1997’’. appears and inserting ‘‘agency’’; and SEC. 2. FINDINGS. (4) in the third sentence, by inserting longer solely in the province of the De- Congress finds that— ‘‘statutory requirement,’’ after ‘‘to waive partment of Housing and Urban Devel- (1) Indian tribes and Alaska Native organi- any’’. opment (HUD). zations that have participated in carrying (d) PLAN APPROVAL.—The second sentence With NAHASDA tribes have the op- out programs under the Indian Employment, of section 8 of the Indian Employment, Training and Related Services Demonstra- Training and Related Services Demonstra- portunity to develop and implement tion Act of 1992 (25 U.S.C. 3401 et seq.) have— tion Act of 1992 (25 U.S.C. 3407) is amended by housing plans that meet their needs (A) improved the effectiveness of services inserting before the period at the end the fol- and values, and can do so in a way that provided by those tribes and organizations; lowing: ‘‘, including reconsidering the dis- is more efficient. I am hopeful that the (B) enabled more Indian people to secure approval of any waiver requested by the In- success achieved by tribes partici- employment; dian tribe’’. (C) assisted welfare recipients; and (e) JOB CREATION ACTIVITIES.—Section 9 of pating in the Indian Self-Determina- (D) otherwise demonstrated the value of the Indian Employment, Training and Re- tion and Education Act and the Self- integrating education, employment, and lated Services Demonstration Act of 1992 (25 Governance Act programs can be dupli- training services. U.S.C. 3408) is amended— cated in the housing arena with the im- (2) The initiative under the Indian Employ- (1) by inserting ‘‘(a) IN GENERAL.—’’ before plementation of NAHASDA. ment, Training and Related Services Dem- ‘‘The plan submitted’’; onstration Act of 1992 should be strength- (2) by striking ‘‘if such expenditures’’ and The Act requires that funds for In- ened by ensuring that all programs that em- all that follows through the end of sub- dian housing be provided to Indian phasize the value of work may be included section (a) (as redesignated by paragraph (1) tribes in block grants with monitoring within a demonstration program of an Indian of this subsection); and and oversight appropriately provided tribe or Alaska Native organization. (3) by adding at the end the following: by HUD. By empowering the tribes ‘‘(b) LIMITATION.—The funds used for an ex- (3) The initiative under the Indian Employ- themselves and decreasing tribal reli- ment, Training and Related Services Dem- penditure described in subsection (a) may onstration Act of 1992 shares goals and inno- only include funds made available to the In- ance on the federal bureaucracy, this vative approaches of the Indian Self-Deter- dian tribe by a Federal agency under a statu- Act is consistent with principles of mination and Education Assistance Act (25 tory or administrative formula.’’. tribal self-determination and self-suffi- (f) PRIVATE SECTOR TRAINING PLACE- U.S.C. 450 et seq.). ciency that have been the hallmark of MENTS.—Section 11(a) of the Indian Employ- (4) The programs referred to in paragraph ment, Training and Related Services Dem- federal Indian policy for nearly thirty (2) should be implemented by the unit within onstration Act of 1992 (25 U.S.C. 3410(a)) is years. the Department of the Interior responsible amended— for carrying out the Indian Employment, By the terms of the Act, NAHASDA (1) in the matter preceding paragraph (1), Training and Related Services Demonstra- becomes effective October 1, 1997. This by striking ‘‘Bureau of Indian Affairs’’ and tion Act of 1992. inserting ‘‘Office of Self-Governance of the will mean sweeping changes in the way (5) The initiative under the Indian Employ- Department of the Interior’’; housing is built and financed in Indian ment, Training and Related Services Dem- (2) in paragraph (4)— country. It is my hope that we can onstration Act of 1992 should have the ben- (A) by inserting ‘‘delivered under an ar- build on the NAHASDA model and en- efit of the support and attention of the offi- rangement subject to the approval of the In- cials of— courage related initiatives such as dian tribe participating in the project,’’ after (A) the Department of the Interior; and banking, business development, and in- ‘‘appropriate to the project,’’; and (B) other Federal agencies involved with frastructure construction. (B) by striking the period and inserting ‘‘; policymaking authority with respect to pro- and’’; and Even though NAHASDA has yet to be grams that emphasize the value of work for (3) by adding at the end the following: American Indians and Alaska Natives. implemented, both HUD and the tribes ‘‘(5) the convening by an appropriate offi- SEC. 3. AMENDMENTS TO THE INDIAN EMPLOY- agree that there are sections in the Act MENT, TRAINING AND RELATED cial of the lead agency (whose appointment that need clarification. The bill I am SERVICES DEMONSTRATION ACT OF is subject to the confirmation of the Senate) introducing, the ‘‘Native American 1992. and a representative of the Indian tribes that (a) DEFINITIONS.—Section 3 of the Indian carry out demonstration projects under this Housing Assistance and Self-Deter- Employment, Training and Related Services Act, in consultation with each such Indian mination Act Amendments of 1997’’, Demonstration Act of 1992 (25 U.S.C. 3402) is tribe, of a meeting not less than 2 times dur- provides the required clarification and amended— ing each fiscal year for the purpose of pro- changes that will help tribes and HUD (1) by redesignating paragraphs (1) through viding an opportunity for all Indian tribes in achieving a smoother transition (3) as paragraphs (2) through (4), respec- that carry out demonstration projects under from the old housing regime to the new tively; and this Act to discuss issues relating to the im- (2) by inserting before paragraph (2) the plementation of this Act with officials of framework of NAHASDA. following: each department specified in subsection The proposed amendments contained ‘‘(1) FEDERAL AGENCY.—The term ‘Federal (a).’’. in this bill are partly the result of a agency’ has the same meaning given the (g) PERSONNEL.—In carrying out the hearing held by the Committee on In- term ‘agency’ in section 551(1) of title 5, amendment made by subsection (f)(1), the United States Code.’’. Secretary of the Interior shall transfer from dian Affairs in March, 1997, which fo- (b) PROGRAMS AFFECTED.—Section 5 of the the Bureau of Indian Affairs to the Office of cused on the management of Indian Indian Employment, Training and Related Self-Governance of the Department of the housing under the old HUD-dominated Services Demonstration Act of 1992 (25 U.S.C. Interior such personnel and resources as the regime. 3404) is amended by striking ‘‘employment Secretary determines to be appropriate. opportunities, or skill development’’ and all Tribal leaders, Indian housing ex- that follows through the end of the section, By Mr. CAMPBELL: perts, and federal officials testified and inserting ‘‘securing employment, retain- S. 1280. A bill to provide technical about funding problems and other mat- ing employment, or creating employment corrections to the Native American ters, including the proper level of over- opportunities. The programs referred to in Housing Assistance and Self-Deter- sight and monitoring. The focus of the the preceding sentence may include the pro- mination Act of 1996, to improve the gram commonly referred to as the general hearing was constructive and with an assistance program established under the delivery of housing assistance to In- eye toward encouraging a better man- Act of November 2, 1921 (commonly known as dian tribes in a manner that recognizes aged and more efficient Indian housing the ‘Snyder Act’) (42 Stat. 208, chapter 115; 25 the right of tribal self-governance, and system. U.S.C. 13) and the program known as the for other purposes; to the Committee Johnson-O’Malley Program established on Indian Affairs. After auditing Indian housing pro- grams from around the nation, and under the Johnson-O’Malley Act (25 U.S.C. THE NATIVE AMERICAN HOUSING ASSISTANCE 452 through 457).’’. AND SELF-DETERMINATION ACT AMENDMENTS after reviewing HUD’s monitoring and (c) PLAN REVIEW.—Section 7 of the Indian OF 1997 enforcement provisions, HUD’s Inspec- Employment, Training and Related Services Mr. CAMPBELL. Mr. President, in tor General testified as to perceived Demonstration Act of 1992 (25 U.S.C. 3406) is amended— 1996 the Congress enacted historic leg- problems in the old housing regime and (1) by striking ‘‘Federal department’’ both islation involving the financing, con- the NAHASDA framework. The IG’s places it appears and inserting ‘‘Federal struction, and maintenance of housing testimony included her opinion that agency’’; for Indian people. With the enactment clarifications were needed in the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10790 CONGRESSIONAL RECORD — SENATE October 9, 1997 NAHASDA including minor changes to sistance and Self-Determination Act (25 Code, including, if appropriate, the reason- the Act’s enforcement provisions. U.S.C. 4112(c)(4)) is amended— able costs of accounting services necessary My goal as Chairman of the Com- (1) by redesignating subparagraphs (A) to ensure that the books and records of the mittee on Indian Affairs is to ensure through (K) as subparagraphs (B) through entity referred to in paragraph (1) are in (L), respectively; and such condition as is necessary to carry out that housing funds are used properly (2) by inserting before subparagraph (B), as the audit. and within the bounds permitted by redesignated by paragraph (1) of this sub- ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.— law. I also want to ensure that, con- section, the following: ‘‘(1) IN GENERAL.—In addition to any audit sistent with federal obligations to In- ‘‘(A) a description of the entity that is re- under subsection (a)(1), to the extent the dian tribes, tribal members are prop- sponsible for carrying out the activities Secretary determines such action to be ap- erly housed and living in decent condi- under the plan, including a description of— propriate, the Secretary may conduct an tions. ‘‘(i) the relevant personnel of the entity; audit of a recipient in order to— I am confident that with the imple- and ‘‘(A) determine whether the recipient— mentation of NAHASDA, tribes will be ‘‘(ii) the organizational capacity of the en- ‘‘(i) has carried out— tity, including— ‘‘(I) eligible activities in a timely manner; able to better design and implement ‘‘(I) the management structure of the enti- and their own housing plans and in the ty; and ‘‘(II) eligible activities and certification in process will be able to provide better ‘‘(II) the financial control mechanisms of accordance with this Act and other applica- housing to their members. In making the entity;’’. ble law; the transition from dominating the (b) ASSISTANCE TO FAMILIES THAT ARE NOT ‘‘(ii) has a continuing capacity to carry out housing realm to monitoring the ac- LOW-INCOME.—Section 102(c) of the Native eligible activities in a timely manner; and tivities of the tribes, HUD needs guid- American Housing Assistance and Self-De- ‘‘(iii) is in compliance with the Indian ance from the Committee as to its termination Act of 1996 (25 U.S.C. 4112) is housing plan of the recipient; and amended by adding at the end the following: ‘‘(B) verify the accuracy of information proper role and responsibilities under ‘‘(6) CERTAIN FAMILIES.—With respect to as- contained in any performance report sub- the Act. sistance provided by a recipient to Indian mitted by the recipient under section 404. The Act, and the amendments I am families that are not low-income families ‘‘(2) ONSITE VISITS.—To the extent prac- proposing today, will go a long way in under section 201(b)(2), evidence that there is ticable, the reviews and audits conducted making sure that the management a need for housing for each such family dur- under this subsection shall include onsite problems that were associated with the ing that period that cannot reasonably be visits by the appropriate official of the De- old, HUD-dominated housing system met without such assistance.’’. partment of Housing and Human Develop- will not be part of NAHASDA. SEC. 4. ELIMINATION OF WAIVER AUTHORITY ment. I ask unanimous consent that a copy FOR SMALL TRIBES. ‘‘(c) REVIEW OF REPORTS.— Section 102 of the Native American Hous- ‘‘(1) IN GENERAL.—The Secretary shall pro- of the bill be printed in the RECORD, ing Assistance and Self-Determination Act vide each recipient that is the subject of a and urge my colleagues to join me in of 1996 (25 U.S.C. 4112) is amended— report made by the Secretary under this sec- enacting these reasonable amend- (1) by striking subsection (f); and tion notice that the recipient may review ments. (2) by redesignating subsection (g) as sub- and comment on the report during a period There being no objection, the bill was section (f). of not less than 30 days after the date on ordered to be printed in the RECORD, as SEC. 5. EXPANDED AUTHORITY TO REVIEW IN- which notice is issued under this paragraph. follows: DIAN HOUSING PLANS. ‘‘(2) PUBLIC AVAILABILITY.—After taking Section 103(a)(1) of the Native American into consideration any comments of the re- S. 1280 Housing Assistance and Self-Determination cipient under paragraph (1), the Secretary— Be it enacted by the Senate and House of Rep- Act of 1996 (25 U.S.C. 4113(a)(1)) is amended— ‘‘(A) may revise the report; and resentatives of the United States of America in (1) in the first sentence, by striking ‘‘lim- ‘‘(B) not later than 30 days after the date Congress assembled, ited’’; and on which those comments are received, shall SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) by striking the second sentence. make the comments and the report (with (a) SHORT TITLE.—This Act may be cited as SEC. 6. OVERSIGHT. any revisions made under subparagraph (A)) the ‘‘Native American Housing Assistance (a) REPAYMENT.—Section 209 of the Native readily available to the public. and Self-Determination Act Amendments of American Housing Assistance and Self-De- ‘‘(d) EFFECT OF REVIEWS.—Subject to sec- 1997’’. termination Act of 1996 (25 U.S.C. 4139) is tion 401(a), after reviewing the reports and ABLE OF CONTENTS.—The table of con- (b) T amended to read as follows: audits relating to a recipient that are sub- tents for this Act is as follows: ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE mitted to the Secretary under this section, Sec. 1. Short title; table of contents. HOUSING REQUIREMENT. the Secretary may adjust the amount of a Sec. 2. Restriction on waiver authority. ‘‘If a recipient uses grant amounts to pro- grant made to a recipient under this Act in Sec. 3. Organizational capacity; assistance vide affordable housing under this title, and accordance with the findings of the Sec- to families that are not low-in- at any time during the useful life of the retary with respect to those reports and au- come. housing the recipient does not comply with dits.’’. Sec. 4. Elimination of waiver authority for the requirement under section 205(a)(2), the SEC. 7. ALLOCATION FORMULA. small tribes. Secretary shall take appropriate action Sec. 5. Expanded authority to review Indian Section 302(d)(1) of the Native American under section 401(a).’’. housing plans. Housing Assistance and Self-Determination (b) AUDITS AND REVIEWS.—Section 405 of Sec. 6. Oversight. Act of 1996 (25 U.S.C. 4152(d)(1)) is amended— Sec. 7. Allocation formula. the Native American Housing Assistance and (1) by striking ‘‘The formula,’’ and insert- Sec. 8. Hearing requirement. Self-Determination Act of 1996 (25 U.S.C. ing the following: Sec. 9. Performance agreement time limit. 1465) is amended to read as follows: ‘‘(A) IN GENERAL.—Except with respect to Sec. 10. Block grants and guarantees not ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY. an Indian tribe described in subparagraph Federal subsidies for low-in- ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF (B), the formula’’; and come housing credit. TITLE 31, UNITED STATES CODE.— (2) by adding at the end the following: Sec. 11. Technical and conforming amend- ‘‘(1) IN GENERAL.—An entity designated by ‘‘(B) CERTAIN INDIAN TRIBES.—With respect ments. an Indian tribe as a housing entity shall be to fiscal year 1998 and each fiscal year there- SEC 2. RESTRICTION ON WAIVER AUTHORITY. treated, for purposes of chapter 75 of title 31, after, with respect to any Indian tribe hav- Section 101(b)(2) of the Native American United States Code, as a non-Federal entity ing an Indian housing authority that owns or Housing Assistance and Self-Determination that is subject to the audit requirements operates fewer than 250 public housing units, Act of 1996 (25 U.S.C. 4111(b)(2)) is amended that apply to non-Federal entities under the formula under subparagraph (A) shall by striking ‘‘if the Secretary’’ and all that that chapter. provide that the amount provided for a fiscal follows before the period at the end and in- ‘‘(2) PAYMENT OF COSTS.— year in which the total amount made avail- serting the following: ‘‘for a period of not ‘‘(A) IN GENERAL.—The Secretary may ar- able for assistance under this Act is equal to more than 90 days, if the Secretary deter- range for, and pay the cost of, any audit re- or greater than the amount made available mines that an Indian tribe has not complied quired under paragraph (1). for fiscal year 1996 for assistance for the op- with, or is unable to comply with, those re- ‘‘(B) WITHHOLDING OF AMOUNTS.—If the Sec- eration and modernization of the public quirements due to extreme circumstances retary pays for the cost of an audit under housing referred to in subparagraph (A), the beyond the control of the Indian tribe’’. subparagraph (A), the Secretary may with- amount provided to that Indian tribe as SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE hold, from the assistance otherwise payable modernization assistance shall be equal to TO FAMILIES THAT ARE NOT LOW-IN- under this Act, an amount sufficient to pay the average annual amount of funds provided COME. for the reasonable costs of conducting an to the Indian tribe (other than funds pro- (a) ORGANIZATIONAL CAPACITY.—Section audit that meets the applicable require- vided as emergency assistance) under the as- 102(c)(4) of the Native American Housing As- ments of chapter 75 of title 31, United States sistance program under section 14 of the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10791 United States Housing Act of 1937 (42 U.S.C. agreement, the Secretary may enter into an By Mr. MURKOWSKI (for himself 1437l) for the period beginning with fiscal additional performance agreement for the and Mr. CAMPBELL): year 1992 and ending with fiscal year 1997.’’. period specified in paragraph (2); and S. 1281. A bill to amend the Indian SEC. 8. HEARING REQUIREMENT. ‘‘(B) has failed to make a good faith effort Employment, Training and Related Section 401(a) of the Native American to meet applicable compliance objectives, Services Demonstration Act of 1992 to Housing Assistance and Self-Determination the Secretary shall determine the recipient Act of 1996 (25 U.S.C. 4161(a)) is amended— to have failed to comply substantially with provide for the transfer of services and (1) by redesignating paragraphs (1) through this Act, and the recipient shall be subject to personnel from the Bureau of Indian (4) as subparagraphs (A) through (D), respec- an action under subsection (a).’’. Affairs to the Office of Self-Govern- tively, and indenting each such subpara- SEC. 10. BLOCK GRANTS AND GUARANTEES NOT ance, to facilitate the creation of em- graph 2 ems to the right; FEDERAL SUBSIDIES FOR LOW-IN- ployment opportunities for American (2) by striking ‘‘Except as provided’’ and COME HOUSING CREDIT. Indians and Alaska Natives, and for inserting the following: (a) IN GENERAL.—Subparagraph (E) of sec- other purposes; to the Committee on ‘‘(1) IN GENERAL.—Except as provided’’; tion 42(i)(2) of the Internal Revenue Code of (3) by striking ‘‘If the Secretary takes an 1986 (relating to determination of whether Indian Affairs. action under paragraph (1), (2), or (3)’’ and building is federally subsidized) is amended THE INDIAN EMPLOYMENT AND TRAINING inserting the following: to read as follows: IMPROVEMENTS ACT OF 1997 ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec- ‘‘(E) BUILDINGS RECEIVING HOME ASSISTANCE Mr. MURKOWSKI. Mr. President, I retary takes an action under subparagraph OR NATIVE AMERICAN HOUSING ASSISTANCE.— rise to introduce the Indian Employ- (A), (B), or (C) of paragraph (1)’’; and ‘‘(i) IN GENERAL.— ment and Training Improvements Act (4) by adding at the end the following: ‘‘(I) INAPPLICABILITY.—Assistance provided of 1997, making technical amendments ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.— under the HOME Investment Partnerships to the Indian Job Training and Consoli- ‘‘(A) IN GENERAL.—Notwithstanding any Act or the Native American Housing Assist- other provision of this subsection, if the Sec- ance and Self-Determination Act of 1996 as in dation Act of 1992. I was an original co- retary makes a determination that the fail- effect on the day before the date of enact- sponsor of this law because I saw a ure of a recipient of assistance under this ment of the Native American Housing As- need to reduce unnecessary, repetitive Act to comply substantially with any mate- sistance and Self-Determination Act Amend- administrative costs in job develop- rial provision (as that term is defined by the ments of 1997 with respect to any building ment programs geared toward Amer- Secretary) of this Act is resulting, and would shall not be taken into account under sub- ican Indians and Alaska Natives. continue to result, in a continuing expendi- paragraph (D) if 40 percent or more of the I am glad to say that after only a few ture of Federal funds in a manner that is not residential units in the building are occupied authorized by law, the Secretary may take years, it is clear that this program is by individuals whose income is 50 percent or working. Alaska tribal groups tell me an action described in paragraph (1)(C) be- less of the area median gross income. fore conducting a hearing. ‘‘(II) APPLICABILITY OF OTHER LAW.—Sub- that they have reported great savings ‘‘(B) PROCEDURAL REQUIREMENT.—If the section (d)(5)(C) does not apply to any build- in administering employment and Secretary takes an action described in sub- ing to which subclause (I) applies. training programs through consolida- paragraph (A), the Secretary shall— ‘‘(ii) SPECIAL RULE FOR CERTAIN HIGH-COST tion of application and reporting re- ‘‘(i) provide notice to the recipient at the HOUSING AREAS.—In the case of a building lo- quirements. The Cook inlet Tribal Cor- time that the Secretary takes that action; cated in a city described in section 142(d)(6), poration in Alaska alone reports a near and clause (i) shall be applied by substituting ‘25 ‘‘(ii) conduct a hearing not later than 60 tripling of jobs in the Anchorage area percent’ for ‘40 percent’.’’. since the passage of this act, from 500 days after the date on which the Secretary (b) APPLICABILITY.—The amendment made provides notice under clause (i). by this section shall apply to determinations to nearly 1,500 jobs. The Aleutian ‘‘(C) DETERMINATION.—Upon completion of made under section 42(i)(2) of the Internal Pribiloffs Island Association, the Bris- a hearing under this paragraph, the Sec- Revenue Code after the date of enactment of tol Bay Native Association, Tlingit- retary shall make a determination regarding this Act. Haida Indian Tibes in southeast Alas- whether to continue taking the action that SEC. 11. TECHNICAL AND CONFORMING AMEND- ka, and Kawerak corporation in Norton is the subject of the hearing, or take another MENTS. action under this subsection.’’. Sound all report satisfaction with this (a) TABLE OF CONTENTS.—Section 1(b) of program. I thank these Alaska Native SEC. 9. PERFORMANCE AGREEMENT TIME LIMIT. the Native American Housing Assistance and Section 401(b) of the Native American Self-Determination Act of 1996 (25 U.S.C. 4101 groups for working with my staff to Housing Assistance and Self-Determination note) is amended in the table of contents— complete these amendments. Act of 1996 (25 U.S.C. 4161(b)) is amended— (1) by striking the item relating to section I would also like to thank Senator (1) by striking ‘‘If the Secretary’’ and in- 206; and CAMPBELL for his work on this issue serting the following: (2) by striking the item relating to section and for introducing his fine bill. I look ‘‘(1) IN GENERAL.—If the Secretary’’; 209 and inserting the following: forward to combining the best aspects (2) by striking ‘‘(1) is not’’ and inserting the following: ‘‘209. Noncompliance with affordable housing of our bills at a mark-up to be held ‘‘(A) is not’’; requirement.’’. later this year. I appreciate his sensi- (3) by striking ‘‘(2) is a result’’ and insert- (b) AUTHORIZATION OF APPROPRIATIONS.— tivity to Alaska-specific concerns on ing the following: Section 108 of the Native American Housing this and other Indian Affairs issues. ‘‘(B) is a result: Assistance and Self-Determination Act of Mr. President, my bill would make (4) in the flush material following para- 1996 (25 U.S.C. 4117) is amended to read as fol- several technical corrections that graph (1)(B), as redesignated by paragraph (3) lows: would encourage more tribes to take of this section— ‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. advantage of this demonstration. Let (A) by adjusting the margin 2 ems to the ‘‘There are authorized to be appropriated right; and for each of fiscal years 1998 through 2001— me highlight a few of these changes. (B) by inserting before the period at the ‘‘(1) to provide assistance under this title First, it would establish the Office of end the following: ‘‘, if the recipient enters for emergencies and disasters, as determined Self Governance as the lead agency, re- into a performance agreement with the Sec- by the Secretary, $10,000,000; and placing the Bureau of Indian Affairs. retary that specifies the compliance objec- ‘‘(2) such sums as may be necessary to oth- This change is needed because the BIA tives that the recipient will be required to erwise provide grants under this title.’’. has shown resistance to allowing two achieve by the termination date of the per- (c) CERTIFICATION OF COMPLIANCE WITH of its programs to be included in the formance agreement’’; and SUBSIDY LAYERING REQUIREMENTS.—Section program: the Johnson O’Malley edu- (5) by adding at the end the following: 206 of the Native American Housing Assist- ‘‘(2) PERFORMANCE AGREEMENT.—The period ance and Self-Determination Act of 1996 (25 cation program and general assistance of a performance agreement described in U.S.C. 4136) is repealed. dollars. The Office of Self governance, paragraph (1) shall be for 1 year. (d) TERMINATIONS.—Section 502(a) of the in contrast, has shown itself to be an ‘‘(3) REVIEW.—Upon the termination of a Native American Housing Assistance and effective administration in working performance agreement entered into under Self-Determination Act of 1996 (25 U.S.C. with tribes to meet their needs. paragraph (1), the Secretary shall review the 4181(a)) is amended by adding at the end the Second, it would allow the regional performance of the recipient that is a party following: ‘‘Any housing that is the subject non-profit corporations in Alaska to to the agreement. of a contract for tenant-based assistance be- act on behalf of the tribes, without ‘‘(4) EFFECT OF REVIEW.—If, on the basis of tween the Secretary and an Indian housing a review under paragraph (3), the Secretary authority that is terminated under this sec- having specific authorizing resolutions determines that the recipient— tion shall, for the following fiscal year and on the exact subject at hand, though ‘‘(A) has made a good faith effort to meet each fiscal year thereafter be considered to the tribes could always object and opt the compliance objectives specified in the be a dwelling unit under section 302(b)(1).’’. out of the regional’s actions. Third, it

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10792 CONGRESSIONAL RECORD — SENATE October 9, 1997 would enable tribes to establish one erations of scholars will have access to ation and direction of the proposed mu- consolidated advisory committee to en- resources necessary for telling the seum. compass all the advisory councils cur- story of American pluralism; A reposi- Mr. President, aside from the first rently required by the programs that tory for the collection of relevant arti- Americans, whose precedence must be are included in the demonstration. facts, artworks, and documents to be acknowledged, we Americans were All these changes will allow the par- preserved, studied, and interpreted; A travelers from other lands. From the ticipating tribes to get more out of the venue for integrated public education first Europeans who came as explorers Indian Job Training and consolidation programs, including lectures, films, and conquerors to the African slaves Act by enabling them to better tailor and seminars, based on the Center’s who endured the middle passage and la- their programs for their individual collections and research; and A loca- bored in the fields of our early planta- needs and by reducing regulatory bar- tion for a standardized index of re- tions, from the people of Nuevo Mexico riers to efficient consolidation of In- sources within the Smithsonian deal- to the French of the Louisiana Terri- dian job training programs. ing with the heritages of all Ameri- tory who became Americans through Mr. President, the drop-out rate from cans. The Smithsonian’s holdings con- annexation, from the Irish who fled college of Alaska Native kids in the tain millions of artifacts which have poverty and famine at home to the Chi- Anchorage area is usually between 80– not been identified or classified for this nese who came in search of Gold Moun- 90 percent. We need to provide these purpose. tain—all were once visitors to this young Alaskans with both educational A clearinghouse for information on great country. and job skills so they can fully partici- ethnic documents, artifacts, and America is defined by the grand, en- pate in Alaska’s economy. The tech- artworks that may be available tangled progress of its individual peo- nical amendments I am introducing through non-Smithsonian sources, such ples to and across the American land- today will lead to further economic as other federal agencies, museums, scape—through exploration, the slave growth and more efficient use of Indian academic institutions, individuals, or trade, immigration, or internal migra- job training dollars. I urge my col- foreign entities. tion—that gave rise to the rich inter- leagues to support these amendments. A folklife center highlighting the actions that make the American expe- cultural expressions of the peoples of rience unique. We embody the cultures By Mr. AKAKA (for himself, Ms. the United States. The existing Smith- and traditions that our forebears MOSELEY-BRAUN, and Mrs. MUR- sonian Center for Folklife Programs brought from other shores, as well as RAY): and Cultural Studies, which already the new traditions and cultures that we S. 1282. A bill to provide for the es- performs this function, could be inte- adopted on arrival. Whether we settled in the agrarian tablishment of the National Museum grated with the museum. for the Peopling of America within the A center to promote mutual under- West, the industrialized North, the Smithsonian Institution, and for other standing and tolerance. The Museum small towns of the Midwest, or the gen- purposes; to the Committee on Rules would facilitate programs designed to teel cities of the South, our forebears and Administration. encourage greater understanding of, inevitably formed relationships with THE PEOPLING OF AMERICA MUSEUM ACT and respect for, each of America’s di- peoples of other backgrounds and cul- Mr. AKAKA. Mr. President, last year verse ethnic and cultural heritages. tures. Our rich heritage as Americans marked the 150th anniversary of the The Museum would also disseminate is comprehensible only through the Smithsonian Institution, an establish- techniques of conflict resolution cur- histories of our various constituent ment dedicated to the ‘‘increase and rently being developed by social sci- cultures, carried with us from other diffusion of knowledge among men.’’ entists. lands and transformed by encounters Since its founding, the Smithsonian An oral history center developed with other cultures. As one eminent has promoted excellence in research through interviews with volunteers and cultural scholar has noted: and public education in all fields of visitors. The museum would also serve How can one learn about slavery, holo- human and scientific interest. To con- as an oral history repository and a causts, immigration, ecological adaptation tinue this great tradition of excellence, or ways of seeing the world without some clearinghouse for oral histories held by type of comparative perspective, without and to ensure its relevance to its pa- other institutions. some type of relationship between cultures trons and beneficiaries, the American A visitor center providing individ- and peoples. How can we understand the his- people, today I am introducing legisla- ually tailored orientation guides to tory of any one cultural group—for example, tion, cosponsored by Senator CAROL Smithsonian visitors. Visitors could the Irish—without reference to other MOSELEY-BRAUN and Senator PATTY use the museum as an initial orienta- groups—for example, the British. How can MURRAY, to establish a new Smithso- tion phase for ethnically or culturally we understand African American culture nian entity, the National Museum for related artifacts, artworks, or informa- without placing it in some relationship to its the Peopling of America. diverse African cultural roots, the creolized tion that can be found in each of the cultures of the Caribbean, the Native Amer- The Peopling of America Museum Smithsonian’s many facilities. ican bases of Maroon and Black Seminole would be dedicated to presenting one of A location for training museum pro- cultures, the religious, economic and lin- the most significant experiences in fessionals in museum practices relat- guistic cultures of the colonial Spanish in American history, the complex move- ing to the life, history, art, and culture Columbia, the French in Haiti, the Dutch in ment of people, ideas, and cultures of the peoples of the United States. The Suriname, and the English in the United across boundaries—both internal or ex- museum would sponsor training pro- States? ternal—that resulted in the peopling of grams for professionals or students in- Unfortunately, Mr. President, the the Nation and the development of our volved in teaching, researching, and in- Smithsonian, perhaps our most pres- unique, pluralist society. This move- terpreting the heritage of America’s tigious educational institution, has ment transformed us from strangers peoples. never attempted to explore this com- from different shores into neighbors A location for testing and evaluating parative perspective of how our Nation unified in our inimitable diversity— new museum-related technologies that came to be peopled. For whatever rea- Americans all. could facilitate the operation of the son, the institution has failed to exam- Under our bill, the Museum would museum. The facility could serve as a ine the college of relationships that have a number of different functions. test bed for cutting-edge technologies shaped the values, attitudes, and be- These include serving as: A location for that could later be used by other pri- haviors of our various constituencies. exhibits and programs depicting the vate or public museums. Aside from occasional, temporary ex- history of America’s diverse peoples Our legislation also stipulates that hibits on a specific immigration or mi- and their interactions with each other. the museum would be located in new or gration topic, such as the Museum of The exhibits would collectively form a existing Smithsonian facilities on or American History’s recent exhibit on unified narrative of the historical proc- near the National Mall. Additionally, the northern migration of African- esses by which the United States was the measure establishes an Advisory Americans, none of the Smithsonian’s developed; A center for research and Committee on American Cultural Her- many museums and facilities has scholarship to ensure that future gen- itage to provide guidance on the oper- tasked itself to examine any aspect of

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10793 this phenomenon, the peopling of ferences of ethnicity and religion, we must (4) The spiritual, intellectual, cultural, po- America experience, much less offered all learn to live without the age-old dream of litical, and economic vitality of the United a global review of the subject. purity—whether of bloodlines or cultural in- States is a result of the pluralism and diver- This shortcoming derives, in part, heritance—and learn to find comfort, solace, sity of the population. and even fulfillment in the rough magic of (5) The Smithsonian Institution operates from the fact that the Smithsonian, for the cultural mix. And it is the challenge to 16 museums and galleries, a zoological park, all its reputation as a world-class re- preserve and embody that marvelous mix— and 5 major research facilities. None of these search and educational organization, the multi-various mosaic that is our history, public entities is a national institution dedi- remains an institution rooted in 19th culture, land, and the people who have made cated to presenting the history of the peo- century intellectual taxonomy. For ex- it—that the Smithsonian Institution, on the pling of the United States, as described in ample, during the early years of the eve of the twenty-first century, must rededi- paragraph (2). Smithsonian, the cultures of Northern cate itself. (6) The respective missions of the National and Western European Americans were Mr. President, what more compelling Museum of American History of the Smith- argument in favor of the Peopling of sonian Institution and the Ellis Island Immi- originally represented at the Museum gration Museum of the National Park Serv- of Science and Industry, which eventu- America Museum can be found than in ice limit the ability of those museums to ally became the Museum of American these words? What initiative other present fully and adequately the history of History. However, African Americans, than the Peopling of America Museum the diverse population and rich cultures of Asian Americans, Native Americans, would more directly address the the United States. and others were treated Smithsonian’s role in presenting the (7) The absence of a national facility dedi- ethnographically as part of the Mu- diversity and depth of American civili- cated solely to presenting the history of the seum of Natural History. This artificial zation in all its timbres and color, or peopling of the United States restricts the making the history of our country ability of the citizens of the United States to bifurcation of our cultural patrimonies fully understand the rich and varied heritage is still in place today. Consequently, come alive for each new generation of of the United States derived from the unique the collections of various ethnic and American children, or preserving the histories of many peoples from many lands. cultural groups have been fragmented multivarious mosaic that is our his- (8) The establishment of a Peopling of among various Smithsonian entities, tory, culture, land, and the people who America Museum to conduct educational and making it difficult to view these have made it? interpretive programs on the multiethnic groups in relation to each other or as In conclusion, Mr. President, I be- and multiracial character of the history of part of a larger whole. lieve that this initiative will foster a the United States will assist in inspiring and better informing the citizens of the United The establishment of the Peopling of much-needed understanding of our di- versity, of the rich cultural and histor- States concerning the rich and diverse cul- America Museum would address this tural heritage of the citizens. glaring deficiency. The museum would ical differences that constitute our uniqueness as individuals. Conversely, SEC. 3. DEFINITIONS. instantly create a national venue In this Act: where all Americans, regardless of eth- and more important, I believe that the (1) CHAIRPERSON.—The term ‘‘Chairperson’’ nic origin, could visit in order to dis- Peopling of America Museum will pro- means the Chairperson of the Committee. cover and celebrate their diverse his- mote an appreciation of the common (2) COMMITTEE.—The term ‘‘Committee’’ torical roots. More important, the mu- values, relationships, and experiences means the Advisory Committee on American seum would facilitate an exploration of that bind our citizens together. A mu- Cultural Heritage established under section our commonalities, the historical and seum dedicated to the celebration of 7(a). (3) DIRECTOR.—The term ‘‘Director’’ means cultural experiences that created the our unity in diversity will sustain and invigorate our sense of national pur- the Director of the Museum. unique American identity and sensi- (4) MUSEUM.—The term ‘‘Museum’’ means bility. pose; surely this is a mission worthy of the National Museum for the Peopling of Mr. President, in May 1995, the Com- the Smithsonian to undertake. America established under section 4(a). mission on the Future of the Smithso- Thank you, Mr. President. I hope SEC. 4. ESTABLISHMENT OF THE NATIONAL MU- nian Institution, a blue ribbon panel that this legislation will initiate a na- SEUM FOR THE PEOPLING OF AMER- charged with pondering the future of tional dialog about the central role ICA. the 150-year-old institution, issued its that the Smithsonian should play in (a) ESTABLISHMENT.—There is established within the Smithsonian Institution a facility final report. In its preface, the Com- preserving, researching, and exhibiting America’s cultural and historical pat- that shall be known as the ‘‘National Mu- mission noted: seum for the Peopling of America’’. rimony. I look forward to beginning The Smithsonian Institution is the prin- (b) PURPOSES OF THE MUSEUM.—The pur- cipal repository of the nation’s collective this conversation with my colleagues, poses of the Museum are— memory and the nation’s largest public cul- the academic community, and the in- (1) to promote knowledge of the life, art, tural space. It is dedicated to preserving, un- terested public. culture, and history of the many groups of derstanding, and displaying the land we in- Mr. President, I ask unanimous con- people who comprise the citizens of the habit and the diversity and depth of Amer- sent that the text of the bill be printed United States; ican civilization in all its timbres and color. in the RECORD. (2) to illustrate how such groups cooper- It holds in common for all Americans that There being no objection, the bill was ated, competed, or otherwise interacted with set of beliefs—in the form of artifacts—about each other; and ordered to be printed in the RECORD, as our past that, taken together, comprise our (3) to explain how the diverse, individual collective history and symbolize the ideals follows: experiences of each group collectively helped to which we aspire as a polity. The Smithso- S. 1282 forge a unified national experience. nian—with its 140 million objects, 16 muse- Be it enacted by the Senate and House of Rep- (c) COMPONENTS OF THE MUSEUM.—The Mu- ums and galleries, the national Zoo, and 29 resentatives of the United States of America in seum shall include— million annual visits—has been, for a cen- Congress assembled, (1) a location for permanent and temporary tury and a half, a place of wonder, a magical SECTION 1. SHORT TITLE. exhibits depicting the historical process by place where Americans are reminded of how This Act may be cited as the ‘‘Peopling of which the United States was populated; much we have in common. America Museum Act’’. (2) a center for research and scholarship re- The story of America is the story of a plu- SEC. 2. FINDINGS. lating to the life, art, culture, and history of ral nation. As epitomized by our nation’s Congress finds the following: the groups of people of the United States; motto, America is a composite of peoples. (1) The history of the United States is in (3) a repository for the collection, study, Our vast country was inhabited by various large measure the history of how the United and preservation of artifacts, artworks, and cultures long before the Pilgrims arrived. States was populated. documents relating to the diverse population Slaves and immigrants built a new nation (2) The evolution of the American popu- of the United States; from ‘‘sea to shining sea,’’ across mountains, lation is broadly termed the ‘‘peopling of (4) a venue for public education programs plains, deserts and great rivers, all rich in di- America’’ and is characterized by the move- designed to explicate the multicultural past verse climates, animals, and plants. One of ment of groups of people across external and and present of the United States; the Smithsonian’s essential tasks is to make internal boundaries of the United States as (5) a location for the development of a the history of our country come alive for well as by the interactions of the groups standardized index of documents, artifacts, each new generation of American children. with each other. and artworks in collections that are held by We cannot even imagine an ‘‘American’’ (3) Each of the groups has made unique, the Smithsonian Institution, classified in a culture that is not multiple in its roots and important contributions to American his- manner consistent with the purposes of the in its branches. In a world fissured by dif- tory, culture, art, and life. Museum;

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(6) a clearinghouse for information on doc- (2) MEMBERSHIP.— able for level V of the Executive Schedule uments, artifacts, and artworks relating to (A) COMPOSITION.—The Committee shall be under section 5316 of such title. the groups of people of the United States composed of 15 members, who shall— (4) DETAIL OF GOVERNMENT EMPLOYEES.— that may be available to researchers, schol- (i) be appointed by the Secretary of the Any Federal Government employee may be ars, or the general public through non- Smithsonian Institution; detailed to the Committee without reim- Smithsonian collections, such as documents, (ii) have expertise in immigration history, bursement, and such detail shall be without artifacts, and artworks relating to the ethnic studies, museum science, or any other interruption or loss of civil service status or groups that are held by— academic or professional field that involves privilege. (A) other Federal agencies; matters relating to the cultural heritage of (5) PROCUREMENT OF TEMPORARY AND INTER- (B) other museums; the citizens of the United States; and MITTENT SERVICES.—The Chairperson may (C) universities; (iii) reflect the diversity of the citizens of procure temporary and intermittent services (D) individuals; and the United States. under section 3109(b) of title 5, United States (E) foreign institutions; (B) INITIAL APPOINTMENTS.—The initial ap- Code, at rates for individuals which do not (7) a folklife center committed to high- pointments of the members of the Com- exceed the daily equivalent of the annual lighting the cultural expressions of various mittee shall be made not later than 6 months rate of basic pay prescribed for level V of the groups of people within the United States; after the date of enactment of this Act. Executive Schedule under section 5316 of (8) a center to promote mutual under- (3) PERIOD OF APPOINTMENT; VACANCIES.— such title. standing and tolerance among the groups of Members shall be appointed for the life of people of the United States through exhibits, the Committee. Any vacancy in the Com- By Mr. BUMPERS (for himself, films, brochures, and other appropriate mittee shall not affect its powers, but shall Ms. MOSELEY-BRAUN, and Mr. means; be filled in the same manner as the original HUTCHINSON): (9) an oral history library developed appointment. S. 1283. A bill to award Congressional through interviews with volunteers, includ- (4) INITIAL MEETING.—Not later than 30 gold medals to Jean Brown Trickey, ing visitors; days after the date on which all members of (10) a location for a visitor center that the Committee have been appointed, the Carlotta Walls LaNier, Melba Patillo shall provide individually tailored orienta- Committee shall hold its first meeting. Beals, Terrence Roberts, Gloria Ray tion guides for visitors to all Smithsonian (5) MEETINGS.—The Committee shall meet Karlmark, Thelma Mothershed Wair, Institution facilities; at the call of the Chairperson, but shall meet Ernest Green, Elizabeth Eckford, and (11) a location for the training of museum not less frequently than 2 times each fiscal Jefferson Thomas, commonly referred professionals and others in the arts, human- year. collectively as the ‘‘Little Rock Nine’’ ities, and sciences with respect to museum (6) QUORUM.—A majority of the members of on the occasion of the 40th anniversary practices relating to the life, art, history, the Committee shall constitute a quorum, of the integration of the Central High and culture of the various groups of people of but a lesser number of members may hold School in Little Rock, Arkansas; to the the United States; and hearings. (12) a location for developing, testing, dem- (7) CHAIRPERSON AND VICE CHAIRPERSON.— Committee on Banking, Housing, and onstrating, evaluating, and implementing The Committee shall select a Chairperson Urban Affairs. new museum-related technologies that assist and Vice Chairperson from among its mem- CONGRESSIONAL GOLD MEDALS LEGISLATION in fulfilling the purposes of the Museum, en- bers. Mr. BUMPERS. Mr. President, I rise hance the operation of the Museum, and im- (b) DUTIES OF THE COMMITTEE.—The Com- today to introduce a bill on behalf of prove the accessibility of the Museum. mittee shall advise the Secretary of the Senator CAROL MOSELEY-BRAUN and SEC. 5. LOCATION AND CONSTRUCTION. Smithsonian Institution and the Director myself authorizing the award of the (a) LOCATION.—The Museum shall be lo- concerning policies and programs affecting Congressional Gold Medal to the ex- cated— the Museum. (1) in a facility of the Smithsonian Institu- traordinary group of Americans known (c) COMMITTEE PERSONNEL MATTERS.— tion that is, or is not, in existence on the as the Little Rock Nine. We speak (1) COMPENSATION OF MEMBERS.— date of enactment of this Act; and (A) NON-FEDERAL MEMBERS.—Each member often of heroes in this body. Sometimes (2) on or near the National Mall located in of the Committee who is not an officer or we worry that there are no heroes in the District of Columbia. employee of the Federal Government shall our country today, no one for our chil- (b) CONSTRUCTION.—The Board of Regents of the Smithsonian Institution may plan, de- be compensated at a rate equal to the daily dren to look up to, no one to inspire us sign, reconstruct, or construct appropriate equivalent of the annual rate of basic pay to be our best selves. But a couple of facilities to house the Museum. prescribed for level IV of the Executive weeks ago, we had a vivid reminder Schedule under section 5315 of title 5, United SEC. 6. DIRECTOR AND STAFF. that there are still heroes among us. States Code, for each day (including travel (a) IN GENERAL.— The Little Rock Nine returned to Lit- time) during which such member is engaged (1) APPOINTMENTS.—The Secretary of the tle Rock Central High School to stride Smithsonian Institution shall appoint and in the performance of the duties of the Com- mittee. through the doors again. This time fix the compensation and duties of— those doors were held open by the Gov- (A) a Director, Assistant Director, Sec- (B) FEDERAL MEMBERS.—Members of the retary, and Chief Curator of the Museum; Committee who are officers or employees of ernor of Arkansas and the President of and the United States shall serve without com- the United States. (B) any other officers and employees that pensation in addition to that received for Jean Brown Trickey, Carlotta Walls are necessary for the operation of the Mu- their services as officers or employees of the LaNier, Melba Patillo Beals, Terrence seum. United States. Roberts, Gloria Ray Karlmark, Thelma (2) TRAVEL EXPENSES.—The members of the (2) QUALIFICATIONS.—Each individual ap- Mothershed Wair, Ernest Green, Eliza- pointed under paragraph (1) shall be an indi- Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at beth Eckford, and Jefferson Thomas. vidual who is qualified through experience Their names are not so familiar to the and training to perform the duties of the of- rates authorized for employees of agencies fice to which that individual is appointed. under subchapter I of chapter 57 of title 5, American public, but they ought to be. (b) APPLICABILITY OF CERTAIN CIVIL SERV- United States Code, while away from their On a fall day in 1957, these nine ICE LAWS.—The Secretary of the Smithso- homes or regular places of business in the Americans were teenagers, children nian Institution may— performance of services for the Committee. really, and they marched up the steps (1) appoint the Director and 5 employees (3) STAFF.— of Little Rock Central High School, under subsection (a), without regard to the (A) IN GENERAL.—The Chairperson may, young black teenagers through a huge provisions of title 5, United States Code, gov- without regard to the civil service laws and regulations, appoint and terminate an execu- crowd—actually a mob—of angry white erning appointments in the competitive people who despised them just for being service; and tive director and such other additional per- (2) fix the pay of the Director and the 5 em- sonnel as may be necessary to enable the there and presuming to attend a public ployees, without regard to the provisions of Committee to perform its duties. The em- school in their own home town. They chapter 51 and subchapter III of chapter 53 of ployment of an executive director shall be marched up the steps with a cool cour- such title, relating to classification of posi- subject to confirmation by the Committee. age that remains awesome today, no tions and General Schedule pay rates. (B) COMPENSATION.—The Chairperson may matter how many times we see the SEC. 7. ADVISORY COMMITTEE ON AMERICAN fix the compensation of the executive direc- grainy newsreels. CULTURAL HERITAGE. tor and other personnel without regard to In 1957, Little Rock was not a very (a) ESTABLISHMENT OF ADVISORY COM- the provisions of chapter 51 and subchapter big city, but for a few days, it became MITTEE.— III of chapter 53 of title 5, United States (1) ESTABLISHMENT.—There is established Code, relating to classification of positions the center of the world. Arkansas was an advisory committee to be known as the and General Schedule pay rates, except that not the most staunchly segregationist ‘‘Advisory Committee on American Cultural the rate of pay for the executive director and State in the South, but politics, his- Heritage’’. other personnel may not exceed the rate pay- tory and fear conspired to make it the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10795 crucible for the authority of Brown v. (6) the Little Rock Nine have continued to served our Nation so very well. In fact, Board of Education. And through that work towards equality for all Americans. one of my points is that our U.S. Air storm of controversy marched these SEC. 2. CONGRESSIONAL GOLD MEDALS. Force deserves its own special place nine young people, frightened but dig- (a) PRESENTATION AUTHORIZED.—The Presi- that will not compete with any other nified, barely comprehending what was dent is authorized to present, on behalf of memorial. Congress, to Jean Brown Trickey, Carlotta In discussing this legislation, I am happening but sensing that they were Walls LaNier, Malba Patillo Beals, Terrence helping to move aside a profound ob- Roberts, Gloria Ray Karlmark, Thelma going to leave the legal issues to those stacle. Mothershed Wair, Ernest Green, Elizabeth with better expertise in the nuance of Now, even the people who jeered at Eckford, and Jefferson Thomas, commonly law. The point I would like to stress is them will admit that they were im- referred to the ‘‘Little Rock Nine’’, gold very basic. It supersedes reports and pressed and moved by the courage of medals of appropriate design, in recognition hearings and commission recommenda- those nine kids. The images of those of the selfless heroism such individuals ex- tions and whether or not the pro- days in Little Rock, and the extraor- hibited and the pain they suffered in the ponents of construction of another me- dinary lives these nine sons and daugh- cause of civil rights by integrating Central morial have successfully—and appar- High School in Little Rock, Arkansas. ters of Arkansas have led are proud (b) DESIGN AND STRIKING.—For purposed of ently they have—traversed the proce- symbols of the progress we have made the presentation referred to in subsection dural obstacle course and the tripwires in America and a solemn reminder of (a), the Secretary of the Treasury shall necessary to gain approval for con- the progress we have yet to make. strike a gold medal with suitable emblems, struction. Any ordinary teenager is sensitive to devices, and inscriptions to be determined by Simply put, the Iwo Jima memorial the tiniest insult, the most innocent the Secretary for each recipient. represents and memorializes an abso- slight. It is hard to imagine what these (c) AUTHORIZATION OF APPROPRIATION.—Ef- lutely unique and special time in our nine felt as they were cursed and spat fective October 1, 1997, there are authorized Nation’s history. Just as Bunker Hill to be appropriated such sums as may be nec- upon, peppered with every slur and essary, to carry out this section. and Saratoga and Yorktown and Get- threat the crowd could muster. They SEC. 3. DUPLICATE MEDALS. tysburg, Belleau Wood and Bataan, were opposed by the Governor, by most (a) STRIKING AND SALE.—The Secretary of Normandy, Chosin Reservoir, and other every local leader, by their peers and the Treasury may strike and sell duplicates battles have been etched in our na- by a fully armed unit of the National in bronze of the gold medals struck pursuant tional psyche as touchstones and re- Guard. They were able to enter the to section 2 under such regulations as the minders of courage, valor and bravery school when President Eisenhower or- Secretary may prescribe, at a price suffi- in defense of freedom, and have special dered in units of the airborne division cient to cover the cost thereof, including meaning for this Nation and the val- to escort them and enforce the order of labor, materials, dies, use of machinery, and iant members of our Armed Forces overhead expenses, and the cost of the gold the Supreme Court. But it was not the medal. that fought bravely in each of those power of the soldiers or the authority (b) REIMBURSEMENT OF APPROPRIATION.— campaigns, Iwo Jima became a rallying of the law that won the day. It was the The appropriation used to carry out section point for this country and the U.S. Ma- grace and courage of those nine young 2 shall be reimbursed out of the proceeds of rine Corps during the dark days of the people. sales under subsection (a). war in the Pacific. Their grace and courage prevailed SEC. 4. NATIONAL MEDALS. Mr. President, on a personal note, for that day and has inspired us for 40 The medals struck pursuant to this Act are me, the Iwo Jima memorial has special years. They deserve our thanks and ad- national medals for purposes of chapter 51 of meaning. My dad, then a Marine major, miration. They deserve a medal. We title 31, United States Code. Wes Roberts, took part in the battle of should present those nine heroes of Lit- Iwo Jima. His accounts of the bravery By Mr. ROBERTS: tle Rock with the Congressional Gold and sacrifice are part of our family’s Medal as a permanent remembrance of S. 1284. A bill to prohibit construc- history and inspiration. Fifteen years their unforgettable moment of courage. tion of any monument, memorial, or later, then Marine Lt. Pat ROBERTS, I hope all of my colleagues will cospon- other structure at the site of the Iwo stationed in Okinawa with the 3d Ma- sor this bill and see that it quickly be- Jima Memorial in Arlington, VA, and rine Division, revisited Iwo Jima, along comes law. for other purposes; to the Committee with the first official Marine party to Mr. President, I ask unanimous con- on Energy and Natural Resources. pay a personal tribute and visit to that sent that the bill be printed in the CONSTRUCTION PROHIBITION LEGISLATION island. My assignment was to cover the RECORD. Mr. ROBERTS. Mr. President, today visit and dedication for the Stars and There being no objection, the bill was I am introducing legislation that really Stripes newspaper. ordered to be printed in the RECORD, as should not have to be introduced to ad- I shall never forget the experience. follows: dress a controversy that should not be Iwo Jima veterans, enlisted and offi- S. 1283 taking place. The legislation is in- cers, stood on Mt. Suribachi in the Be it enacted by the Senate and the House of tended to prevent further construction quiet of the gentle wind overlooking a Representatives of the United States of America of any memorial on the parcel of Fed- now lush green island in the blue of the in Congress assembled, eral land surrounding the U.S. Marine Pacific, and there was not a sound. SECTION 1. CONGRESSIONAL FINDINGS. Corps memorial commonly known as Then, in hushed tones, mixed with The Congress hereby finds the following: the Iwo Jima memorial located in Ar- emotion and tears, the Iwo Jima vet- (1) Jean Brown Trickey, Carlotta Walls La- lington, VA. Nier, Melba Patillo Beals, Terrence Roberts, erans relived, recounted that battle Gloria Ray Karlmark, Thelma Mothershed Mr. President, the reason I am intro- and said many a prayer for their fallen Wair, Ernest Green, Elizabeth Eckford, and ducing this legislation is that, unfortu- comrades. Jefferson Thomas, hereafter in this section nately, this site has been selected for a Lt. General Thomas A. Wornham referred to as the ‘‘Little Rock Nine’’, volun- 50-foot high Air Force memorial ap- placed a 5th Marine Division insignia tarily subjected themselves to the bitter proximately 500 feet from the Iwo Jima on the flagpole atop famous Suribachi. stinging pains of racial bigotry. statue. Former members of his old unit, the (2) The Little Rock Nine are civil rights Mr. President, I realize full well that 27th Marines, stood with visiting dig- pioneers whose selfless acts considerably ad- vanced the civil rights debate in this coun- this legislation and this issue will and nitaries. They listened quietly. The try. has caused considerable emotional de- general said, ‘‘We landed over there by (3) The Little Rock Nine risked their lives bate and difference of opinion within those two rocks. The terraces were to integrate Central High School in Little our Marine and Air Force commu- much higher then. I crawled on my Rock, Arkansas, and subsequently the Na- nities. I stress that in my opinion it hands and knees right by that small tion. does not have to be that way. hill.’’ (4) The Little Rock Nine sacrificed their First, the points that I will raise In a low whisper, Col. John W. innocence to protect the American principle that we are all ‘‘one nation, under God, indi- should not be construed as any deni- Antonelli, former 2d battalion Com- visible’’. gration or challenge to the worthiness mander in the 27th, said, ‘‘I cannot (5) The Little Rock Nine have indelibly left of a memorial to the proud men and look at this scene, this island, without their mark on the history of this Nation. women of the U.S. Air Force who have thinking of my Marines who died in

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10796 CONGRESSIONAL RECORD — SENATE October 9, 1997 order to capture it. From the top of and the Netherlands Carillon and the Nation must preserve its sanctity. For, Suribachi, I can see where they fell. Arlington National Cemetery is ‘‘rev- as General Krulak said, the Iwo Jima One of my best friends was killed in erent space whose beautiful nature is memorial is more than a monument; it that ravine. Every time the Marines already heavily disrupted by heavy is a place for reflection, a place to pay would take cover there, they invited automobile and bus traffic on the pe- respect, and a place to gain inner the incoming artillery.’’ riphery and by tour bus traffic within strength. Over 23,000 marines were Then Col. Donn J. Robertson, former the area itself. The planned construc- killed or injured on Iwo Jima, and each 3d battalion commander in the famous tion of 40 additional parking spaces ad- year, over 1 million Americans pay regiment, told listeners how the island jacent to the memorial, which is cur- tribute to those marines. had changed. ‘‘This new lush vegeta- rently a wooded area, would further di- General Krulak closed his letter by tion would have given our boys much minish the natural beauty of the me- saying: needed cover then. As I stand here morial and the park surroundings.’’ looking down from Suribachi, I realize I realize in the passage of time, even In speaking for them, for their survivors, how the enemy had us covered in inter- the most memorable acts of courage and for all marines past, present and future, locking fire. We landed on a beautiful and valor and bravery tend to fade into the sanctity of the Iwo Jima memorial must day just like this, sun shining, blue yesterday’s history books. Succeeding be preserved. sky, blue ocean. I am thankful to be generations tend to forget the lessons Semper fidelis, general, semper alive.’’ of the past, and the world, indeed, is a fidelis. Standing on Suribachi, it was dif- different place. Today, great historical I ask my colleagues to join me in this ficult for any of us to imagine how events, and even the lives and lessons effort. anyone could have survived the landing of our Founding Fathers are many and day-after-day assault. The day times mere footnotes in a fast-paced after the island was declared secure society, or worse, subject to revision By Mr. FAIRCLOTH (for himself, more marines suffered casualties than depending on what is politically cor- Mrs. HUTCHISON, Mr. MACK, Mr. they had in the last 10. rect at the moment. LOTT, Mr. ABRAHAM, Mr. But survive they did, and Old Glory But, let us not add to or hasten this SHELBY, Mr. ALLARD, Mr. was raised over Iwo Jima on the 23d of erosion by unnecessarily competing or ASHCROFT, Mr. BROWNBACK, Mr. February, 1945, and captured on film to infringing upon what has been accu- BURNS, Mr. CAMPBELL, Mr. become a pictorial moment in history rately called ‘‘sacred and reverent COCHRAN, Mr. COVERDELL, Mr. unequaled in portraying uncommon space.’’ CRAIG, Mr. D’AMATO, Mr. valor. Almost 10 years later, that spe- This so-called controversy about the DEWINE, Mr. FRIST, Mr. GOR- cial event in our Nation’s history was location of the proposed Air Force me- TON, Mr. GRAMM, Mr. GRAMS, recreated and consecrated forever in morial in conjunction with the Iwo Mr. GRASSLEY, Mr. HAGEL, Mr. the dedication of the Iwo Jima memo- Jima memorial is, in fact, a paradox of HELMS, Mr. HUTCHINSON, Mr. rial here in our Nation’s Capital and enormous irony. The battle of Iwo INHOFE, Mr. KYL, Mr. BENNETT, now attracts over 1 million visitors Jima was fought to secure a safe haven Mr. MCCAIN, Mr. MCCONNELL, every year. and staging area for bomber aircraft Mr. MURKOWSKI, Mr. NICKLES, Let me stress, Mr. President, that flown by the forerunners of the U.S. Mr. SESSIONS, Mr. SMITH of Or- Iwo Jima is not purely a Marine Corps Air Force. Marines fought and died to egon, Mr. THOMAS, Mr. THUR- memorial. It does, of course, represent help save the lives of the fliers of the MOND, Mr. WARNER and Ms. an extremely important event in the Army Air Corps. For 43 years, ever SNOWE): proud history of our corps, but it is, in since the memorial was dedicated on S. 1285. A bill to amend the Internal a larger sense, a memorial for the the Marine Corps birthday in 1954, the Revenue Code of 1986 to provide that American people. Many consider the Iwo Jima memorial has been in fact a married couples may file a combined Iwo Jima site as hallowed ground and memorial to both brave marines and return under which each spouse is certainly not a site where there should fliers of World War II. taxed using the rates applicable to un- be a competing memorial. Why, why then, why indeed, should any memorial so inspired, so true to married individuals; to the Committee I also wish to acknowledge that the on Finance. Air Force Association has been forth- the memory and sacrifice of both ma- right and aboveboard in the process to rines and Army Air Corps fliers, why THE MARRIAGE TAX PENALTY ELIMINATION ACT find a suitable site for their proposed should such hallowed ground be subject OF 1997 memorial. I applaud and support their to encroachment and duplication of yet Mr. FAIRCLOTH. Mr. President, efforts to properly recognize the superb another memorial for the same pur- today I am pleased to introduce legis- contribution the men and women of the pose, a memorial that should stand in lation that will eliminate the marriage U.S. Air Force have made to this coun- its own right and on its own site? penalty tax. This is similar to legisla- try. The point is that I do not believe We should preserve the sanctity of a tion in the House, H.R. 2456, which has it serves any purpose for either memo- memorial that has come to be viewed 218 cosponsors, including the Speaker rial to compete with or stand in the by all Americans as a de facto memo- of the House. rial to World War II. Nothing should shadow of the other. According to the Joint Economic I also realize the proponents of the detract from the serene and hallowed Committee, in 1996, more than 23 mil- Air Force memorial will say it will not setting of the Iwo Jima memorial. lion married couples paid a marriage interfere with Iwo Jima, and it will be In a letter I have received from the penalty, totaling an extra $28 billion in located behind a line of trees so that it Commandant of the U.S. Marine Corps, taxes. This would mean the average cannot be seen from the Iwo site. Gen. C.C. Krulak, the Commandant elo- Now, the sense I get from those quently sums up what all marines feel couple is paying $1,200 more in income statements is that the Air Force me- in their hearts and what I have tried to taxes simply because they are married. morial will figuratively be in the shad- explain in my remarks. I quote from I think it is time to change the tax ow of Iwo Jima. If so, that, quite frank- his letter: code so that we do not punish people ly, is not fair to the Air Force and to Although I was just a young boy, I remem- simply for being married. those the memorial is intended to ber watching as the Iwo Jima memorial was From 1913 to 1969, the federal income erected on the edge of Arlington Cemetery. I tax treated married couples either just honor. A location should be found remember that November day in 1954 when where the memorial can stand clearly, my godfather, Gen. Holland ‘‘Howlin Mad’’ as well as or better than if they were proudly, and in its own place without Smith, stood before that magnificent statue single. Since then, married couples competition from any other structure. and, with tears slowly streaming down his have had to pay a marriage penalty. In addition, the National Planning cheeks, softly said, ‘‘My marines, my ma- This is even more ironic if you consider Commission report recognizes that the rines. . . .’’ Truly, this is a sacred place. that the number of married couples site for the proposed Air Force memo- Mr. President, the commandant went where both work has increased dra- rial is, ‘‘fragile and delicate.’’ The re- on to say that, as the last marine on matically. Finally, the tax increase in port further recognizes that the area active duty to have witnessed the Iwo 1993 made the problem worse by raising encompassing the Iwo Jima memorial dedication, he truly believes that this the tax rates.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10797 This legislation is supported by species. If we do not act now, the private legislation is the only means Americans for Tax Reform and the Na- world’s future generations may not be remaining to ensure that the equities tional Taxpayers Unions. I am pleased able to enjoy many of the species of of Mr. and Mrs. Rezai’s case are heard to be joined by Senators HUTCHINSON wildlife now in existence. This small, and that a number of unresolved ques- and MACK, making a total of 35 Sen- but critical investment of U.S. tax- tions are answered without imposing a ators that are original cosponsors. payer money will be matched by pri- terrible hardship on Mr. and Mrs. Rezai I would hope that we could end this vate funds and will significantly im- and on their marriage. penalty against marriage. Marriage prove the likelihood that wild Asian I wish to take a moment, Mr. Presi- should be cherished, not punished by elephants will exist in the 21st Cen- dent, to provide something by way of the Federal Government. I would urge tury. It is my hope that the Asian Ele- background to this somewhat com- other Senators to cosponsor this bill, phant Conservation Act of 1997 will plicated case and to explain the ur- and I would hope that we could take up hopefully see the same successes that gency of this legislation. Mr. Rezai this legislation as soon as possible. the African elephant bill has seen. first came to the United States in 1986. On June 15, 1991, he married his current By Mr. JEFFORDS: By Mr. ALLARD (for himself and wife, Julie, who is a U.S. citizen. S. 1287. A bill to assist in the con- Mr. CAMPBELL): Shortly thereafter, she filed an immi- servation of Asian elephants by sup- S. 1289. A bill to temporarily decrease grant visa petition on his behalf. Ap- porting and providing financial re- the duty on certain industrial nylon proval of this petition has been sources for the conservation programs fabrics; to the Committee on Finance. blocked, however, by the application of of nations within the range of Asian TARIFF REDUCTION LEGISLATION § 204(c) of the Immigration and Nation- elephants and projects of persons with Mr. ALLARD. Mr. President, today I ality Act. Section 204(c) precludes the demonstrated expertise in the con- am introducing this legislation to less- approval of a visa petition for anyone servation of Asian elephants; to the en a financial burden on American who entered, or conspired to enter, into Committee on Environment and Public companies. I am pleased that my col- a fraudulent marriage. The Immigra- Works. league from Colorado, Senator CAMP- tion and Naturalization Service [INS] THE ASIAN ELEPHANT CONSERVATION ACT OF BELL is joining me as an original co- applied this provision in Mr. Rezai’s 1997 sponsor. For approximately 20 years, case because his previous marriage Mr. JEFFORDS. Mr. President, today various U.S. manufacturers have been ended in divorce before his 2-year pe- I rise today to introduce a bill to assist paying substantial tariffs on a product riod of conditional residence had ex- in the preservation of Asian elephants. that is not produced in this country. pired. In immigration proceedings fol- The bill, the ‘‘Asian Elephant Con- Mr. President, my legislation would lowing the divorce, the judge heard tes- servation Act of 1997’’, is modeled after significantly reduce the tariff on this timony from witnesses on behalf of Mr. the highly successful African Elephant particular product from 16 to 6.7 per- Rezai and his former wife. After consid- Conservation Act of 1988 and the Rhi- cent. This product is an industrial ering that testimony, he found there noceros and Tiger Conservation Act of nylon fabric used in the manufacture of was insufficient evidence to warrant 1994. It will authorize up to $5 million automotive timing belts. United States lifting the conditions on Mr. Rezai’s per year to be appropriated to the De- companies that use this product in permanent residency and, in the ab- partment of the Interior to fund var- their manufacturing processes have no sence of a qualifying marriage, granted ious projects to aid in the preservation choice but to import it since it has not Mr. Rezai voluntary departure from of the Asian elephant. been produced domestically since the the United States. The judge was very Since the challenges of the Asian ele- mid-1970’s. careful to mention, however, that there phants are so great, resources to date There is no domestic industry to was no proof of false testimony by Mr. have not been sufficient to cope with harm by lowering this tariff, con- Rezai, and he granted voluntary depar- the continued loss of habitat and the sumers will clearly benefit, and many ture rather than ordering deportation consequent diminution of Asian ele- domestic industries will benefit by be- because, in his words, Mr. Rezai ‘‘may phant populations coming more competitive. be eligible for a visa in the future.’’ Among the threats to the Asian ele- My bill would temporarily reduce the phant in addition to habitat loss are tariff on the nylon fabric product for 3 Despite these comments by the im- population fragmentation, human-ele- years. After that period, if there are migration judge, who clearly did not phant conflict, poaching for ivory, still no U.S. producers, further action anticipate the future application of the meat, hide, bones and teeth, and cap- would then be in order. Mr. President, § 204(c) exclusion to Mr. Rezai’s case, ture for domestication. To reduce, re- reducing American competitiveness to the INS has refused to approve Mrs. move, or otherwise effectively address protect non-existent domestic indus- Rezai’s petition for permanent resi- these threats to the long-term viability tries simply does not make sense. It is dence on behalf of her husband based of populations of Asian elephants in my hope that this situation will be rec- on that very exclusion. An appeal of the wild will require the joint commit- tified. this decision has been pending before ment and effort of nations within the the Board of Immigration Appeals range of Asian elephants, the United By Mr. HATCH: [BIA] for 3 years. In the meantime, Mr. States and other countries, and the pri- S. 1290. A bill for the relief of Saeed Rezai appealed the initial termination vate sector. Rezai; to the Committee on the Judici- of his lawful permanent resident status On April 22, 1997, I introduced the Af- ary. in 1990. In August 1995, the 10th Circuit rican Elephant Conservation Reauthor- PRIVATE RELIEF LEGISLATION Court of Appeals denied this appeal and ization Act of 1997 (S. 627). By the late Mr. HATCH. Mr. President, I rise reinstated the voluntary departure 1980’s, the population of African ele- today to introduce private relief legis- order. Under current law, there is no phants had dramatically declined from lation on behalf of my constituents, provision to stay Mr. Rezai’s deporta- approximately 1.3 million animals in Mr. Saeed Rezai, and his wife, Mrs. tion pending the BIA’s consideration of 1979 to less than 700,000 in 1987. The pri- Julie Rezai. Mrs. Rezai’s current immigrant visa mary reason for this decline was the As my colleagues are aware, those petition. poaching and illegal slaughter of ele- immigration cases that warrant pri- Mr. President, there is no question phants for their tusks, which fueled the vate legislation are extremely rare. In that Mr. Rezai deportation will create international trade policy. Today, as a fact, in nearly 8 years, I have intro- extraordinary hardship for both Mr. result of the bill, the African elephant duced just one bill to grant such re- and Mrs. Rezai. Throughout all the population has stabilized, international lief—a bill for the relief of Saeed Rezai proceedings of the past 6 years, not a ivory prices remain low, and wildlife in the last Congress. As I said before single person that I know of—including rangers are better equipped to stop ille- the Senate when I introduced that bill the INS—has questioned the validity of gal poaching activities. in 1995, I had hoped that this case Mr. and Mrs. Rezai’s marriage. In fact, I am a strong proponent of the pro- would not require congressional inter- many that I have heard from have em- tection and conservation of endangered vention. Unfortunately, it is clear that phatically told me that Mr. and Mrs.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10798 CONGRESSIONAL RECORD — SENATE October 9, 1997 Rezai’s marriage is as strong as any By Mr. HATCH (for himself, Mr. By scrimping and saving, this ‘‘mom and they have seen. Given the prevailing FEINGOLD, Mr. THOMAS, Mr. pop’’ operation was built to federal standards political and cultural climate in Iran, I BROWNBACK, Mr. ROBERTS and two years ago. Nevertheless, large companies and foreign competitors enjoy the privilege would not expect that Mrs. Rezai will Mr. BURNS): of shipping their meat products interstate choose to make her home there. Thus, S. 1291. A bill to permit the inter- even though our facility and products are Mrs. Rezai’s deportation will result in state distribution of State-inspected equal or superior to theirs. This injustice either the breakup of a legitimate fam- meat under certain circumstances; to limits our profitability while providing an ily or the forced removal of a U.S. cit- the Committee on Agriculture, Nutri- unfair marketing advantage to foreign com- izen and her husband to a third country tion, and Forestry. panies and large domestic operations. Unless Congress repeals the unfair prohibition, we foreign to both of them. THE INTERSTATE DISTRIBUTION OF STATE- could be forced out of business. Conversely, It should also be noted that Mr. INSPECTED MEAT ACT OF 1997 Rezai has been present in the United if Wind River grows, then our suppliers, in- Mr. HATCH. Mr. President, I rise to cluding the local, federal meat inspected States for more than a decade. During introduce the Interstate Distribution packers, would also grow. this time he has assimilated to Amer- of State-inspected Meat Act of 1997. Mr. President, there are restaurants ican culture and has become a contrib- This legislation will lift the ban on and food retailers in many States that uting member of his community. He interstate distribution of State-in- would love to purchase meat products has been placed in a responsible posi- spected meat and poultry, providing from Utah’s State-inspected plants. tion of employment as the security some long-term relief to our livestock Utah’s State inspection program re- field supervisor at Westminster College producers and finally ending a long- ceives the highest marks possible by where he has gained the respect and ad- standing inequity in meat inspection the USDA, and many of our plants miration of both his peers and his su- laws that affects about 3,000 meat proc- produce unique and hard-to-find prod- pervisors. In fact, I received a letter essors in 26 States. from the interim president of West- ucts. Instead of purchasing from Utah, In the 1960’s, the Federal Meat In- these restaurants and retailers are minster College, signed by close to 150 spection Act and the Poultry Products of Mr. Rezai’s associates, attesting to forced to purchase from foreign com- Inspection Act allowed States to im- his many contributions to the college petitors, even though the quality of the plement their own inspection pro- and the community. This is just one of foreign product is often inferior. grams. At the time, there remained There is no sense to this, Mr. Presi- the many, many letters and phone calls some uncertainty as to how well the I have received from members of our dent; it cuts into the profits of our re- community. Mr. Rezai’s forced depar- State inspection programs would func- tailers, raises the prices for our con- ture in light of these considerations tion, so a provision was included ban- sumers, stifles business for our proc- would both unduly limit his own oppor- ning meat inspected by States from essors, and limits the market for our tunities and deprive the community of interstate distribution. There was also livestock and poultry producers. Mr. President, the time has come to his continued contributions. a provision included requiring the U.S. Finally, Mr. Rezai’s deportation Department of Agriculture to periodi- lift the ban in State-inspected meat would create a particular hardship for cally recertify that the State programs and poultry. There is no reason what- his wife, who was diagnosed just a few are ‘‘at least equal to’’ the Federal ever to believe that permitting inter- years ago with Multiple Sclerosis [MS]. standards. In the 30 years since this state distribution for State-inspected Mrs. Rezai’s doctor has recommended program was instituted, a State pro- meat would compromise safety in any that her husband be designated as her gram has never failed to achieve recer- way. In fact, I believe we would have primary caregiver for what is expected tification. even greater assurances about the safe- to be a lifelong debilitating illness. It Mr. President, today the ban on ty of meat than we do now. The USDA is doubtful that adequate medical care interstate distribution has clearly out- would continue to set and ensure in- would be available should she be forced lived its purpose. Instead of protecting spection standards. to return with her husband to Iran or the health of our citizens, it only sti- I am aware that the USDA has re- to some other country willing to ac- fles competition in the meat packing cently begun looking into the merits of cept them as immigrants. Finally, her industry and impounds the available lifting the prohibition on interstate doctor has suggested that severe symp- market to State-inspected plants. distribution, and I am eager to work toms and rapid deterioration of Mrs. Right now, State-inspected ostrich, with the USDA on a workable plan for Rezai’s condition are possible as a re- venison, buffalo, and pheasant are free- bringing this law up-to-date. I call on sult of the stress being placed upon her ly distributed across State lines; yet, a my colleagues to support this effort to by her husband’s protracted immigra- perfectly good steak is banned. introduce equity into the meat packing tion proceedings and the uncertainty of Furthermore, foreign competitors are industry. their future. allowed to send their meat products Mr. FEINGOLD. Mr. President, I am Mr. President, I firmly believe that throughout the United States without pleased to be an original cosponsor of we must think before enforcing an ac- regard for State boundaries. These for- the Interstate Distribution of State-in- tion that will result in such severe con- eign companies do not face a higher spected Meat Act of 1997 introduced sequences as the destruction of Mr. and standard than our State-inspected today by my colleague from Utah [Mr. Mrs. Rezai’s marriage and the endan- processing plants. The only difference HATCH] and I thank him for his leader- gering of Mrs. Rezai’s already fragile is that the State-inspected plants have ship on this issue. This is a very important bill for my health. The legislation I am intro- much tighter oversight by the USDA. State of Wisconsin which has nearly ducing today, if enacted, will put an There is no reason that U.S. plants 300 State-inspected meat plants which end to what has been a long and drawn- should be restricted from competing provide jobs and income for rural com- out ordeal for the Rezais by granting with foreign countries. munities. The quality meat products Mr. Rezai full permanent resident sta- Monte Lucherini runs a State-in- processed by these plants such as the tus. At a minimum, the outstanding spected plant in Logan, UT. He runs a Lodi Sausage Co. in Lodi, WI, Gunder- questions regarding the propriety of good business and makes an excellent son Food Service in Mondovi, WI, the denial of Mr. Rezai’s current immi- product, but is still not allowed to do Goodfella’s Pizza Corp. in Medford, WI, grant visa petition need to be ad- business outside of Utah. He writes: dressed. With the introduction of this The Ham Store in Brookfield, WI, I believe that my gross sales would in- Country Fresh Meats in Hatley, WI, legislation today and its consideration crease 30 to 40 percent. . . . Employment by the Judiciary Committee’s Sub- would be increased also. I would need two to and Louie’s Finer Meats, Inc. in Cum- committee on Immigration, we can en- three more butchers, and probably five to six berland, WI are prohibited from being sure that Mr. Rezai’s deportation will more part-time workers. . . . It has always sold across State lines. These small be stayed pending the thorough review been a thorn in our side that we couldn’t businesses face the interstate mar- of these questions by the Board of Im- service the customers that want our prod- keting prohibition not because their migration Appeals. I urge each of my ucts. products haven’t been inspected—in colleagues to support this immigration David H. Yadron runs a state-in- fact all these businesses are inspected bill. spected plant in Orem, Utah. He says: by the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10799 State of Wisconsin—but because of an to Federal law to allow State-inspected We are operating a small meat plant in archaic provision of Federal law which meats to be sold across State lines northwest Wisconsin and employ 9 people. prohibits interstate shipment of State- after the State inspection program is We slaughter and and custom process for the favorably reviewed and certified by the local farm community, smoke ham and inspected meats even though the State bacon, manufacture sausage and sell retail inspection program is certified as equal Secretary of Agriculture as at least and wholesale. We are under Wisconsin meat to Federal meat inspection programs. ‘‘equal to’’ Federal meat inspection inspection and are required to be equal to or These plants, and hundreds like them programs. If State programs are not better than Federal inspection. In the last 4 in Wisconsin, produce quality specialty equal to the Federal inspection pro- years we have taken 18 Wisconsin, national meat products which are demanded by gram, they will not be certified by and international awards for our ham, jerky, consumers in other States. But the USDA and State-inspected meats will beef sticks and sausage; but because I am in owners of these facilities are unable to not cross State lines. The Secretary is Wisconsin I am discriminated against by the capitalize on their specialties and meet also required by this bill to certify that Federal government. We are 30 miles from the State inspection program is on the Minnesota border but cannot sell our that market demand. By limiting these product there. If my products are of high plants to markets within their home- schedule in implementing USDA’s new enough quality to be sent 250 miles to Mil- State borders, Federal law effectively Hazard Analysis and Critical Control waukee, Wisconsin, then why is there a prob- prevents them from expanding their Points [HAACP] regulations. The bill lem with me selling it 25 miles away in markets, increasing the number of peo- also requires the Secretary to annually Waubaska, Minnesota? ple they employ, and generating addi- recertify the State program. To pro- Bill Ruef, owner of Ruef’s Meat Mar- tional economic activity in rural areas. vide further safeguards, Federal meat ket in New Glarus, WI who processes a These small plants pose no competi- inspectors may also randomly inspect Swiss ready-to-eat snack called tive threat to larger processors who are State plants to ensure that they con- ‘‘Landjaeger’’ writes: federally inspected. In most cases, tinue to meet Federal standards. The This [Landjaeger] is our most popular State-inspected plants are small family Secretary will have the authority to item, and I get asked on a regular basis by owned businesses, employing between 1 reinstate the interstate shipment ban business owners from other states—we are and 20 people, producing specialty on plants that fail to meet Federal about 25 miles from the Illinois border—if we products to fill a small market niche. standards. This bill is responsible to can ship our Landjaegers to them for resale These plant owners and operators pay consumers while providing equity to in their establishments. It really hurts me and my business when I have to tell them special attention to the quality of their small State-inspected plants. Mr. President, I think the best argu- ‘‘no’’ because we aren’t federally inspected. products and because of this they can- This kind of unfair prohibition will only con- not grow very large. Wisconsin’s small- ments in favor of this legislation are tinue to drive small businesses to fold and scale meat processors take great pride made by those small business owners allow large conglomerates to monopolize the in their products which reflect the eth- who are directly affected by the inter- industry. nic diversity in my State. In fact, it is state shipment prohibition imposed on Mr. President, these business owners my understanding that Wisconsin spe- their meat products. I want to share say it best. The current prohibition on cialty meat products win nearly 25 per- with my colleagues some comments interstate shipment of State-inspected cent of the awards at the American As- made by owners of some State-in- meats is obsolete and patently unfair sociation of Meat Processors’ nation- spected processing businesses in Wis- to small meat processors. It is time to wide product show. consin.: correct this inequity and I urge my col- Louis Muench, owner of Louie’s Furthermore, these small State-in- leagues to support this important leg- Finer Meats, Inc. In Cumberland, WI spected plants play a critical role in islation. sustaining rural communities and help- writes: Mr. BROWNBACK. Mr. President, ing to ensure diversity of size in the We are the operators of a small meat proc- today I join with the distinguished livestock industry. Most of these essing and sausage making operation in a small town in northern Wisconsin . . . Our Senators from Utah, Wisconsin, and plants buy livestock locally which plant is 30 miles from the Minnesota border Wyoming in introducing a bill which helps maintain the viability of nearby and we cannot even provide sausage for a addresses an injustice that has devel- small family livestock operations. By pancake supper in Minnesota, let alone any oped out of current law. buying locally they know exactly wholesaling to supermarkets and conven- Under current law, meat and poultry where their inputs bar coming from ience stores. We have received over 100 State products that are processed in plants and how they are produced, which al- and National awards for our sausage prod- which are inspected by State depart- lows them to control the quality of ucts. We cannot even market these products ments of agriculture are not allowed to on a regional basis, let alone a national their products. These local buying basis. This past May [1996], we were honored be shipped over State lines. This re- practices help counteract trends to- to receive two international gold medals for striction is an unfair restraint on com- ward concentration in the livestock our sausage in Frankfurt, Germany. We are petition which is especially discrimina- and poultry production and processing not allowed to market these products any- tory toward small processing facilities. industries providing small livestock where but Wisconsin. These kinds of restric- State inspection programs are re- and dairy producers with marketing al- tions make it difficult to maintain a profit- quired to maintain standards are ‘‘at ternatives in any industry dominated able business. least equal to’’ federal inspection by a few large meat packers. Dan Kubly, one of the owners of standards. The U.S. Department of Ag- The owners of these small businesses LazyBones Ham Store, in Brookfield, riculture periodically recertifies that in Wisconsin correctly point out that WI writes: State programs continue to meet that they face even more meat shipment re- We work very closely with our state in- standard. meeting an ‘‘equal to’’ stand- strictions than their competitors from spectors and consider them an ally in our ard is the same requirement that for- foreign countries. Under our trade overall business. We constantly consult with eign meat processors must meet in them on equipment conditions, labeling and agreements, meat products from for- handling procedures in our plant. It makes order to sell their product within U.S. eign countries are allowed into the no sense that we are permitted to ship our borders. Not allowing State inspected United States and across State borders products anywhere as long as the retail cus- facilities the freedom to sell their as long as the country has an inspec- tomer buys the product at our stores, but are product throughout the country after tion program that is ‘‘equivalent’’ to not allowed to ship the same product across having met the same standard that al- U.S. programs. Meanwhile, even if state lines through a distributor . . . Our lows their foreign competitors to mar- State inspection programs are ‘‘equal volume is increasing rapidly and we are in- ket their product unimpeded is, quite terested in contracting with a multi-state to’’ Federal inspection programs, distributor, however we are unable to do this simply, unfair. meats inspected under State programs because we do not have USDA inspection. We This arbitrary restriction has been are still precluded from interstate feel our business will suffer significantly and troublesome to me ever since I was shipment Mr. President, it simply isn’t job creation will end if we are not permitted Secretary of Agriculture for Kansas. fair and it is time to eliminate this in- to expand due to this unnecessary prohibi- I’ve seen firsthand that this restriction equity. tion. impedes competition. In fact, I would The bill we are introducing today James Weber, owner of Gunderson like to insert in the RECORD a letter makes a simple but important change Food Service, in Modovi, WI writes: that I received from a professional in

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10800 CONGRESSIONAL RECORD — SENATE October 9, 1997 the State of Kansas who operates a HOME ON THE RANGE & CO., of section 1025 of Public Law 93–344 for State inspected plant. My constituent Scott City, KS, September 11, 1997. seven days of session. Congressman SAM BROWNBACK, presents a credible case for why her DISAPPROVAL LEGISLATION business is limited because of the re- Washington, DC. DEAR CONGRESSMAN BROWNBACK: On Sep- Mr. STEVENS. Mr. President, I have striction on interstate shipment. tember 6 of last week I was asked to attend sought the floor now to introduce a dis- Proprietors of State-inspected plants a meeting called by Secretary of Agriculture approval bill to reverse the President’s are not the only advocates of changing Dan Glickman concerning the interstate use of the line-item veto in the fiscal the law. USDA’s packer concentration shipment of State inspected meat and poul- year 1998 military construction appro- panel recommended an immediate re- try products. I was a Kansas representative priations bill. I believe at least 37 of peal of this prohibition as a way to of small processors that are affected by this my colleagues will join as cosponsors issue. of this bill. slow packer concentration. The Na- This is not a food safety issue. Our plants tional Association of State Department meet or exceed the provisions provided by The Line-Item Veto Act, public law of Agriculture, which represents the the USDA. In many cases we are even more 104–130, provides very specific fast- Secretaries and Commissioners of Agri- careful of our products standards because we track procedures for consideration of a culture which have responsibility for live in the communities where we work. If disapproval bill. I want to discuss those overseeing State programs, strongly our customers do not like the quality of in detail later in these comments. endorses the repeal of interstate ship- products we produce they tell their friends Congress received the President’s ment restrictions. Based on public and so on. We want to produce the safest and special message listing the 38 cancella- highest quality of products. comment solicited in the Federal Reg- tions in the military construction bill It is an unfair competition issue. With the on Monday, October 6. The bill we in- ister and public hearings that were passage of the NAFTA and other trade agree- held throughout the country, the U.S. ments, foreign meat and poultry products troduce today is within the 5 calendar Department of Agriculture recently an- have free access to United States interstate days of session timeframe provided for nounced its support of lifting the ban commerce. These foreign inspection systems fast-track process. on interstate shipment. must meet requirements similar to those Let me take a minute on the merits Mr. President, I would like to address that the states must meet in assuring that of this bill, Mr. President. In June, the their systems meet the requirements found President reached a budget agreement the issue of food safety in relation to in the federal acts. Why should beef in- my proposal. Food safety is para- with the bipartisan leadership of the spected in Mexico have free access to inter- Congress. That agreement provided an mount. This measure would not in any state commerce when beef I process can not increase of $2.6 billion for national de- way undermine the consumer’s access be sold in Colorado? to a reliable and safe product. However, Expanding the market for state inspected fense over the amount that the Presi- this bill is not about food safety. Rath- plants will create jobs and the economy in dent had requested in the budget for er, this bill addresses an issue of com- all our communities. These plants provide fiscal year 1998. The President’s action ‘‘value added’’ and specialty products to the merce and trade. on the military construction bill, in market that the larger plants do not want to my judgment, reneges on the budget In other words, food safety is an issue produce. agreement he reached with the Con- of enforcing the inspection standards Another issue that does not make sense is gress. We were given our spending caps that are in place, whether under State the fact that the Buffalo Jerky I produce by under the agreement and the Appro- or Federal oversight. If State-inspected the exact process as the Beef Jerky I produce priations Committee presented the meat is safe to be distributed in Kan- is able to be sold across the United States Senate with 13 appropriations bills con- sas, it is safe to be shipped to Missouri, because the USDA does not regulate them as species which require mandatory federal in- sistent with the spirit, terms and lim- or Oklahoma, or wherever else an en- spection. its of the revised budget. trepreneur finds a customer. Con- Please give your support to Bill number S. We upheld our end of the agreement versely, if the food is not safe to be 1862 that is being introduced concerning this with the President. The President has shipped over State lines, it shouldn’t matter. It is very important this be passed not. This afternoon the Appropriations be distributed with the State either. now. Time is running out for the small proc- essors. In Kansas alone, 6–7 plants are clos- Committee met to evaluate the Presi- And, as both State and federally in- dent’s use of the line-item veto author- spected plants implement the Hazard ing a year because we are not able to access the trade we need to stay in business. ity. Analysis and Critical Control Point Kansas Secretary of Agriculture, Allie I called this hearing after consulta- system, we can be even more assured Devine is in favor of this bill. She would be tion with Senator BYRD because of the that plants throughout the country are happy to answer any questions you may have manner in which the President had conforming to a uniformly high set of on this issue. used this new prerogative on this mili- Thank you very much for your time. standards. Now, more than ever, a tary construction bill. I asked the com- focus on who does the inspecting has Sincerely, LORI ROBBINS, Owner. mittee to consider whether that tool no relevance in determining where the was used as intended by Congress, and product can be consumed safely. By Mr. STEVENS (for himself, that intention was that the line-item I would like to highlight the paper Mr. BYRD, Mr. BURNS, Mrs. veto would be used to eliminate waste- that the U.S. Department of Agri- MURRAY, Mr. AKAKA, Mr. ful or unnecessary spending. The com- culture recently released in support of ALLARD, Mr. BOND, Mr. BAUCUS, mittee heard testimony from the Air allowing the interstate shipment of Mr. BENNETT, Mr. BINGAMAN, Force, Navy and Army regarding the State-inspected meat and poultry prod- Mrs. BOXER, Mr. CAMPBELL, Mr. merits of the 38 military construction ucts. In this paper, the administration COCHRAN, Mr. COVERDELL, Mr. projects. Today’s hearings afforded our states its concept for legislative action CRAIG, Mr. D’AMATO, Mr. committee the chance to review the and establishes certain recommenda- DOMENICI, Mr. FAIRCLOTH, Mr. status of these projects in the mili- tions for what that legislation should FORD, Mr. FRIST, Mr. GRAHAM, tary’s future budget plans and whether include. I believe that there is much Mr. HATCH, Mr. HELMS, Mrs. or not they could be executed in 1998. common ground between the Sec- HUTCHISON, Mr. INOUYE, Mr. Our military witnesses testified that in retary’s guidelines and the bill that my KEMPTHORNE, Mr. LEAHY, Mr. fact these projects were mission-essen- colleagues and I are introducing today. LOTT, Mr. MACK, Mr. MCCON- tial and that they could be commenced I look forward to working with the NELL, Mr. MOYNIHAN, Mr. REID, in 1998. These military witnesses stated USDA, as well as my colleagues here in Mr. ROBERTS, Mr. SANTORUM, that the military services were not the Senate, in order to pass and imple- Mr. SARBANES, Mr. SPECTER, consulted in deciding which projects ment this legislation. Mr. THOMPSON, and Mr. WAR- should be vetoed on this bill. These Mr. President, I ask unanimous con- NER): witnesses also informed us that 33 of sent that additional material be print- S. 1292. A resolution disapproving the the 38 projects in the President’s mes- ed in the RECORD. cancellations transmitted by the Presi- sage on the line-item veto are in the There being no objection, the mate- dent on October 6, 1997, regarding Pub- Department’s future year defense plan. rial was ordered to be printed in the lic Law 105–45; to the Committee on Let me repeat that. Thirty-three of the RECORD, as follows: Appropriations, pursuant to the order 38 projects the President indicated he

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10801 wished to line-item veto were in a plan are in session. This fast-track proce- the President concerning the items in he had approved himself. dure applies only in the House for 30 the bill that he used the line-item veto They told us that the President’s calendar days of session. There is no on were very, very badly handled. We January budget constraints had pro- time limit on the Senate’s consider- are now awaiting the President’s ac- hibited them from including many of ation of the bill, other than the time tion on the Defense Appropriations these projects in this year’s budget. If for introduction of the bill and the dis- bill. As chairman, I have been notified the military services at the beginning charge from the committee. that the Department of Defense wishes of the year had had the extra $2.6 bil- A disapproval bill in the House must to discuss that bill with our staff and lion that the President agreed to in contain a list of all the items canceled with Members, and there was an indi- July, it is my judgment that all of the in the special message. A disapproval cation that we might be asked to ‘‘ne- projects listed in the disapproval bill bill in the Senate may contain any or gotiate’’ to see what items would be could and probably would have been in- all of the items canceled. I might say, subject to a veto under the Line-Item cluded in the President’s fiscal year Mr. President, that the bill I will intro- Veto Act and what items the President 1998 budget request, if he listened to duce with my cosponsors will not in- would yield to that Congress desires to the military departments. clude all of the measures, because some not have vetoed. It’s my belief that we will be success- Senators have indicated they do not I have notified the Department of De- ful in what we are starting today, want to move forward with their items. fense and the White House that we are which is an effort to overturn these The format for the disapproval bill is not prepared—Senator BYRD and I have line-item vetoes because the projects spelled out in the Line-Item Veto Act, agreed—to negotiate with regard to that the President has attempted to and the fast track process is available any of those items. We will—and our eliminate are meritorious, are sought only if that exact format is followed. door is open—explain to the White by the Department, are within the The addition of anything other than House or the Department why we put budget agreement, and they are not the numbers from the list of the items in any of the items, or why we left wasteful or excessive spending. canceled in the special message, wheth- them out, but we will not negotiate. Our constitutional duty is to pass leg- These projects reflect a combination er on the floor or in conference, results islation. As a matter of fact, the Con- of quality of life, safety, readiness and in the loss of the fast track process in gress is given the specific authority for infrastructure enhancement initia- both the House and the Senate. In the legislative process. The President tives, Mr. President. A substantial other words, no amendments to this may recommend to the Congress, but number of them would significantly bill, other than dealing with the spe- he cannot dictate to the Congress, and improve the day-to-day working condi- cific items by number as listed in the he is not going to dictate to the Con- tions for men and women in uniform. President’s message, are in order. Once gress during the watch of this Senator. Our soldiers, sailors, airmen and ma- introduced, the disapproval bill is re- I think I am joined in that regard by rines are the ones that are being short- ferred to the committees with jurisdic- the Senator from West Virginia. We do changed by the President’s veto, not tion over the items that have been can- not intend to negotiate with regard to officials in the Pentagon or in the celed, and it must be reported within 7 items that have already been passed by White House. calendar days of session. After 7 cal- I will urge my colleagues to support the Congress. We do discuss it before endar days of session, it is in order in we pass a bill with the administration us in this important endeavor. We either the House or the Senate to have and we listen to them at times about must stand together to require that the the committees discharged. Special threats of vetoes. But we are not going President live up to the bargain he rules then apply in the House and the to listen to those threats after a bill is made with the Congress this summer. Senate with respect to debate and passed. The Line-Item Veto Act provides a amendments on a disapproval bill. I urge the Senate to understand this process to resolve the issue quickly, so In the Senate, there are no more process that we are going through now I want to take the time of the Senate than 10 hours of debate with one exten- because it is obvious that the process to outline that process so that we all sion of time for up to 5 additional will be followed again and again. I an- know this is a new process for all of us. hours. That is possible at the request nounced at the conclusion of the hear- Under this act, the President sent to of the leadership. Debate on any ings on this message on the Military Congress one special message for each amendment is limited to one hour with Construction bill that if the same proc- law in which the President exercises up to a limit of 10 hours, at which time ess is followed on the Department of his cancellation authority under the all amendments then pending are voted Defense bill, an arrogant abuse of Line-Item Veto Act. That special mes- on. power, I intend to introduce a bill to sage must contain a numbered list of Special rules are also provided in the repeal the Line-Item Veto Act. I was a each item the President seeks to can- act for the conference committee. The supporter of the Line-Item Veto Act; as cel. The Line-Item Veto Act includes a conferees are directed to accept any a matter of fact, I was chairman of the fast track—a process for the speedy item in a disapproval bill that was in- conference on the Senate side of that consideration of one disapproval bill cluded in both the House and the Sen- act. But I believed it should be used for for each message. Our action today ate and are limited to accepting or re- a stated purpose, only to eliminate only pertains to the military construc- jecting any item in disagreement. In wasteful or unnecessary spending. We tion bill. other words, there can be nothing make mistakes at times and we make In order to overturn one or more of added in conference that is not in one compromises at times, which perhaps the cancellations in a special message, bill or the other. could lead to what a President could the Congress must send a bill to the Debate in the Senate on a conference class as being wasteful or unnecessary President disapproving the cancella- report is limited to four hours. This spending. But a wholesale condemna- tions. That bill may be vetoed by the will be an expedited process, Mr. Presi- tion of an act passed by Congress by President using his constitutional veto dent. We intend to start it as soon as use of the line-item veto pen, to me, is authority. As with any other bill, the we return. Let me say again that there arrogance. From my point of view, I President’s veto then may be over- is a learning curve for us on the line- will persist in trying to repeal that turned only by an affirmative vote of item veto process, and I am also con- statute and take it away from this ad- two-thirds of the Members of each strained to say to the Senate what I ministration—it will only be extended House. In order to qualify for this expe- just said at the conclusion of the hear- to the executive branch for a short pe- dited process, the provisions of the ing on the subject of the President’s riod of time anyway—if it is abused Line-Item Veto Act require that a dis- special message before the Appropria- again. approval bill must be introduced with- tions Committee. Mr. President, I ask unanimous con- in five calendar days of session after It is obvious to me that the use of sent that the text of the bill be printed the Congress receives a special message the line-item veto by the White House in the RECORD. from the President. With respect to the in this instance was very excessive. It There being no objection, the bill was Senate, a calendar day of session is a is also obvious to me that the informa- ordered to be printed in the RECORD, as day in which both Houses of Congress tion process in getting the details to follows:

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10802 CONGRESSIONAL RECORD — SENATE October 9, 1997 S. 1292 the Defense Department’s 5-year plan, have to have a majority of the Senate Be it enacted by the Senate and House of Rep- and the design has already been start- to support them by a vote. resentatives of the United States of America in ed. It is under way. So your criteria The vote could be by voice. It could Congress assembled, That Congress dis- don’t fit this project.’’ And he indi- be by division. It could be by rollcall. approves of cancellations 97–4, 97–5, 97–6, 97– cated that he would have to take an- But they would have to have a major- 7, 98–8, 97–9, 97–10, 97–11, 97–12, 97–13, 97–14, 97– other look, therefore, and asked me to ity of a quorum in the Senate in order 15, 97–16, 97–17, 97–18, 97–19, 97–20, 97–21, 97–22, to be successful in striking that item. 97–23, 97–24, 97–25, 97–26, 97–27, 97–28, 97–29, 97– send down the papers from which I was 30, 97–32, 97–33, 97–34, 97–35, 97–36, 97–37, 97–38, reading, which I did, and he indicated They would not yet have fully accom- 97–39, and 97–40, as transmitted by the Presi- that he would get back to me, which he plished their aim, however. A majority dent in a special message on October 6, 1997, did not. And I don’t fault him for not of the Members in a quorum of the regarding Public Law 105–45. getting back to me. He has other other body would likewise have to sup- Mr. BYRD addressed the Chair. things to do, I am sure. port the striking of that item. If all 100 The PRESIDING OFFICER (Mr. BEN- But what I am saying is that this ac- Senators were present, they would NETT). The Senator from West Virginia tion on the part of the administration have to have 51 votes. If all 435 Mem- is recognized. was an abuse even of a bad law; an bers of the House were present, they Mr. BYRD. Mr. President, I am abuse even of a bad law. would have to have at least 218 votes in pleased and I am proud to join with the In the very first section of the very order to successfully strike that item. distinguished chairman of the Appro- first article of the Constitution these A majority of each House would have priations Committee, my friend, a words are to be found. It is one sen- to support the conference report. But friend in every sense of the word, TED tence. Section 1: in any event, in the first instance, a STEVENS, in offering legislation to put All legislative powers herein granted majority of each body would have to back on the President’s desk those shall be vested in a Congress of the support the amendment in order to projects which were line-item vetoed, United States which shall consist of a strike the item from the bill. at least those projects that Senators Senate and a House of Representatives. Striking an item from a bill is want to put back before the President That is very plain. It says that only amending a bill. After the President for his consideration, and if he wants the Congress has the constitutional au- has signed a bill into law, then under this Line-Item Veto Act, a President— to veto that bill, he can do so, and then thority to make laws. ‘‘All legislative Democrat or Republican, it doesn’t Congress can override or sustain his powers’’ —not ‘‘some powers’’; not a make any difference—may after the veto. ‘‘few powers’’; but ‘‘All legislative pow- Mr. President, I think that one of the ers herein granted shall be vested in a first 10 minutes, after the first 5 min- most significant things that has hap- Congress of the United States.’’ It utes, after the first 2 days, 3 days, or 4 pened in the history of this country doesn’t say the President may share in days, even on the fifth day, he may go back and singlehandedly, unilaterally was the passage of the Line-Item Veto that. The President doesn’t have any cancel out an item in the law; in other Act. To me, it was one of the most lawmaking power. He is limited to the words, strike it out; change the law. He shocking abdications of duty that veto power insofar as making the laws could, if he wished to, line-item out 90 Members of the Congress have com- are concerned—the veto power as set percent of the law, which in that form, mitted. I am not here today to say ‘‘I forth in the Constitution of the United as a bill, would probably not have told you so,’’ but I am here today to States. passed either body. But one man, or say that this pernicious act should be So he has no lawmaking power. The woman, if it should be, as the President repealed. Constitution states the limits of his of the United States may unilaterally I hope that the Supreme Court of the veto authority. amend a bill. That is amending a bill. United States will strike it down, but It states in section 7 of article I that, and I read: The Senator from Iowa if he offers a there has to be a case brought. I at- motion to strike my item from the bill tempted that with other colleagues in Every bill which shall have passed the House of Representatives and the Senate, is moving to amend the bill. He is pur- both Houses, and the Supreme Court, suing the legislative process. That is as everybody knows, said we didn’t shall, before it become a Law, be presented to the President of the United States; if he the lawmaking process. He is amending have standing, even though the act approve he shall sign it, but if not he shall a bill. As I have already said, he can’t itself anticipated that such a case return it, with his Objections to that House do it alone. His vote only counts for 1 would be brought by Members of Con- in which it shall have originated, who shall out of 100. He has to have a majority. gress. enter the Objections at large on their Jour- But not so with the President. The I am not here today to argue that. nal, and proceed to reconsider it. President may amend unilaterally, But I am here today to just take a few I will not read the rest of the lan- after he signs the bill into law. Accord- minutes to point out for the record guage dealing with the veto. ing to the Constitution, if he approve why the Line Item Veto Act is an un- But Congress in the passing of the the bill, he shall sign it. Well, he must constitutional act. No matter what the Line-Item Veto Act went far afield have approved it, or he wouldn’t have Supreme Court ultimately says, I will from the Constitution of the United signed the bill. He approved it. He always think it is an unconstitutional States. Congress in the Line Item Veto signed the bill into law. Up to 5 days act. The distinguished chairman has al- Act said, in essence, that when the later, he may go back and change that ready stated the law and what the in- President signs an appropriation bill law unilaterally. And that is what he structions were in that law as to what into law, he has 5 days thereafter dur- did in this instance. He changed the actions Congress may take and when, ing which time he can cancel out cer- law unilaterally. He struck out Camp and all of that. So I will not attempt to tain portions of that bill which has al- Dawson. go into that. He has already indicated ready become law. Did Senators really intend to give what was brought out in the hearings So that is what he did in this in- one man in the White House that kind this afternoon. One thing was that the stance. He signed into law a bill, and of power, that kind of legislative administration’s right hand doesn’t then, unilaterally, he came along 5 power? Can they really believe that the know what the left hand is doing. days later and changed that law. He Framers who wrote this Constitution I was called by Mr. Raines on Mon- amended it. He struck out certain would have ever intended that that be day as to the one item that I had that items. If that bill were before the Sen- done? It is mind-boggling—mind-bog- was line-item vetoed. I was told that ate and if Senator STEVENS or Senator gling. It is mind-boggling to me to certain criteria governed the actions of GRASSLEY or Senator BENNETT or any think that a majority of these two the President in using the line-item other Senator wished to move to strike Houses would give any President—any veto pen. I was told that the one item an item in the bill, which, in this case, President, Republican or Democrat— that is to be located in West Virginia was to be at Camp Dawson in Preston that kind of power. And with that kind was, in the face of the governing cri- County, WV—if any one of those Sen- of power the President, be he Repub- teria, to be line-item vetoed. I stated ators moved to strike that item, they lican or Democrat, holds the sword of to Mr. Raines, ‘‘That is an incorrect could do it. But before they could suc- Damocles over the head of every Sen- statement of the case. This item is in ceed in striking that item, they would ator and every House Member.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10803 Am I going to vote against a certain Let me say here what I said in the want to go along with a Member whose treaty, or some nomination? The Presi- committee today. If the President constituents feel there are needs to be dent may say, ‘‘Look, you have an item wants to line-item veto a West Virginia met and acts accordingly. in the bill. You have done a great job. item, I am not going to negotiate with The administration has been given a You have done a great job for the State the administration. hammer to use over the heads of Sen- of West Virginia. I am really proud of Negotiating is over as far as I am ators and could threaten anything that you. The people down in your State concerned. When the subcommittee a Senator wants as a way to get the love you. You did this, you did that. works its will, has its hearings, marks President’s way on unrelated matters. And I want you to have this item. But up its legislation, brings it to the full It greatly enhances the President’s can we bargain a little here? Can we committee, the full committee acts, bargaining position in the legislative negotiate a little bit? Can you help me amends, modifies, changes, or what- process. Go home tonight, all Senators, on what I want that is in the bill? Can ever, and when the House does the and before you close your eyes in slum- you help me on this nomination?’’ Or same, when the collective wisdom and ber, think of what we have done. We whatever. ‘‘Maybe we can reach an am- judgment of the subcommittee and the have given one man, who puts his icable agreement here where you will full committee and both Houses has britches on just as I put mine on—one get your item, and I will get mine.’’ been reached, if the President wants to leg at a time—we have said you may Now, I do not want to say that I am veto it, go to it. Why should we sit amend a bill unilaterally. You do not not willing to listen to the administra- down and negotiate in order to keep have to worry about a majority in the tion. We do that all the time when the him from wielding his line-item veto other body or a majority here. You subcommittees bring these bills to the pen? Let him use his veto pen only as may amend a bill all by yourself. You floor. The subcommittees on appropria- instructed in the original Constitution. may strike an item out. That is amend- tions work for weeks in hearings. They Let him use it. And then Congress can ing a bill. You are the super lawmaker. listen to witnesses. They talk with work its will. It can either sustain his Not by this Constitution he isn’t. I their staffs. They look over the cor- veto or override it, but there should be cannot understand how, or whatever respondence. They study the needs of no negotiating. got into the Members’ minds when the various agencies and departments. That is what every administration they voted to give any President the And then they get together and they will want us to do. They want us to get line-item veto. But it is done. It is mark up the bill in the subcommittee. in a position where we will continue to done. I hope they will think now and Then it goes to the full committee. negotiate and they will continue to that somebody will bring a case and Then it comes to the Senate. During ratchet us down, they will continue to the Supreme Court will strike down all of this time, the administration is get what they want, but they want you this infernal, pernicious, illegitimate telling us what they want and what to negotiate for whatever your con- gimmick. they don’t want. We understand that. stituents need. Whatever your con- But in the meantime, I will follow We know all about that. We know what stituents need, how you feel about your the Senator from Alaska. If he gets they want and what they don’t want. constituents, that is negotiable. Then ready to introduce legislation to repeal But it may be the collective judgment they throw out that threat: ‘‘Well, the the Line Item Veto Act, I am ready. I of the subcommittee to do otherwise. President will veto that.’’ The Presi- am ready to join him. Just go home So the subcommittee brings this bill to dent will line item that out. Well, so and read once again, Senators who are the full committee, and it is then what! ‘‘Lay on, Macduff; And damn’d listening, section 1 of article I. ‘‘All brought to the Senate. And we act on be him that first cries ‘Hold, enough.’ ’’ legislative powers herein granted’’— it, and it goes to conference. Then We like to know what the adminis- and if those legislative powers are not what happens? tration is thinking. It is worthwhile to herein granted, they do not exist. ‘‘All Well, I have been treated to just a lit- have their judgment. It helps to guide legislative powers herein granted shall tle bit of it lately. This is no surprise us in our deliberations. But once both be vested in a Congress of the United to me. We pass an amendment like bodies have acted and get into con- States . . .’’ this—a bill like this—and give it to any ference, then for the administration to And then go over to section 7 of arti- President. He will hold over your head come up here and say, ‘‘Well, this is cle I and read the language: ‘‘Every a hammer. So, as we go to conference, vetoable, if you don’t change that. We Bill which shall have passed the House the administration people come into don’t like it,’’ I am not for negotiating of Representatives and the Senate, the conference, or they come into our now. Let the President use his line- shall, before it become a Law, be pre- offices, or wherever they meet with the item veto pen. I hope that Senators sented to the President of the United leadership, and they say, ‘‘Look, this and House Members who voted for the States; If he approve,’’ meaning the item the President will veto. If that line-item veto will get their bellies bill, the resolution, ‘‘he shall sign it, item is in there, the President is going full. I hope they get a bellyful of it and but if not he shall return it.’’ It does to veto it. This item we want. This they probably will, because this is just not say he may amend it unilaterally. item the President will veto unless you a start. There are several other appro- ‘‘If he approve he shall sign it, but if modify it.’’ priations bills coming along. not he shall return it, with his Objec- I knew that would be the situation in Think of the time that this costs. tions to that House in which it shall which we were going to find ourselves Senator STEVENS held a hearing today, have originated, who shall enter the once this Line-Item Veto Act was had a good attendance, a lot of Sen- objections at large on their Journal, passed. ators were there. They weren’t else- and proceed to reconsider it.’’ So, as far as I am concerned, it im- where doing other things which were Now, that is the Constitution. And pinges upon a Senator’s or a House important likewise. It took a lot of we have no right as Members by legis- Member’s freedom of speech. They have their time. It took the time of the gen- lation to give any President the right to be a little bit more careful about erals and admirals who were up from unilaterally to amend a bill. We do not what they say about any administra- the Defense Department, and that is have that power. I do not think Con- tion. going to be repeated over and over and gress has the power. I do not think it It impinges on a Senator’s freedom to over again. Look at the time it is tak- can give away its constitutional power act in accordance with the wishes of ing now. We have already taken time. to make all laws. the constituents who send him here. The subcommittee took time. The full There is only one other thing I would And to that extent he is that much less committee took time. And there are say, and then I am going to sit down. I a free man, less able to exercise his Members on those subcommittees and have said already there is a strong own independence. The distinguished full committee who have great exper- probability that the Senate will have Senator from Alaska has said we do tise in legislative areas under the juris- to consider items that it has already not intend to negotiate. We intend to diction of those subcommittees. And considered in the committee process send this down to the White House if then all that goes for naught because a over and over again, amounting to a the majority of each body will vote for President, Republican or Democrat, tremendous waste of precious time. it. wants this or wants that or does not Senator INOUYE cited a number of vital

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10804 CONGRESSIONAL RECORD — SENATE October 9, 1997 systems that have been added by the out of five parents have attempted to Finally, the bill adds tough but rea- Congress to the defense bill over the shirk their court-ordered child support sonable data requirements to make years such as greatly increasing the responsibilities at one time or another. sure child support incentive payments purchase of stealth fighters, the Osprey In many of these cases, families, al- are based on complete and reliable data helicopter, C–130 aircraft, C–17’s and ready fragile from the absence of one from the States. States that do not other systems which at the time were parent, are forced to turn to welfare as have accurate data on their child sup- opposed by the administration and the only reliable source of monetary port collections and on other aspects of probably would have been subject to support. In 1975, Congress created the child support enforcement should not the line-item veto and killed. Where Child Support Enforcement Program to be qualified to receive incentives. This would we then have been during Desert help stop this disturbing pattern. The provision will encourage States to Storm? goal of that program was and still re- make their collection systems even This is a strong case that the admin- mains to reduce public welfare expendi- more efficient and, in turn, this will istration does not have a corner on wis- tures by forcing absent parents to pro- mean millions of additional dollars dom, and that if it uses the line-item vide child support as a regular and reli- being directed to the children who need veto to simply protect its budget as de- able source of income for their chil- it. livered, we will lose the great benefit dren. As part of this goal, the Federal The Child Support Performance Im- of that wisdom and shortchange the Government provides incentive pay- provement Act of 1997 is the first vital historic contributions that have been ments to encourage State child support step in assuring that the States have made over the years. agencies to enforce child support col- the most efficient and effective ways I thank all Senators for indulging lections as efficiently and effectively possible of collecting child support me. I have fought this battle over and as possible. Unfortunately, in the past from parents who have the responsi- over and over again. And I am willing several years, these incentives have be- bility to care for their children. In- to fight it over and over and over come disincentives; handsomely re- creasing child support collections will again. I do not believe that I took an warding even the most poorly per- not only save Federal and State Gov- oath to support and defend the Con- forming States with the most dismal ernments and taxpayers billions of dol- stitution, then only to turn around and collection rates. lars each year in public expenditures, vote, in violation of that Constitution, Last year, the welfare reform bill it will accomplish the most important to give any President the unilateral took a positive step by commissioning goal of all: improving the financial sta- right, power or prerogative to, in es- a task force composed of child support bility and general well-being of thou- sence, amend a law by striking an experts from the Department of Health sands of American children. item. and Human Services and State child Mr. President, I ask unanimous con- I hope more than anything else, be- support agencies to come up with a sent that the text of the bill be printed fore God sees fit to call me home, that new set of incentives that would put in the RECORD. the line-item veto will be struck down State agencies back on the road to effi- There being, no objection the bill was either by the Supreme Court or by the cient collections. The Child Support ordered to be printed in the RECORD, as Congress itself. That is my prayer. Performance Improvement Act of 1997 follows: incorporates the consensus findings of S. 1293 By Mr. ROCKEFELLER (for him- this working group. For the first time, Be it enacted by the Senate and House of Rep- self and Ms. SNOWE): the new incentive structure takes into resentatives of the United States of America in S. 1293. A bill to improve the per- account, not just a State’s cost effec- Congress assembled, formance outcomes of the child support SECTION 1. SHORT TITLE. tiveness in collecting child support, This Act may be cited as the ‘‘Child Sup- enforcement program in order to in- but that State’s overall success is es- port Performance Improvement Act of 1997’’. crease the financial stability and well- tablishing paternity and child support SEC. 2. INCENTIVE PAYMENTS TO STATES. being of children and families; to the orders as well as collecting current and (a) IN GENERAL.—Part D of title IV of the Committee on Finance. back child support. Social Security Act (42 U.S.C. 651–669) is THE CHILD SUPPORT PERFORMANCE The bill also requires the Secretary amended by inserting after section 458 the IMPROVEMENT ACT OF 1997 of HHS to create and implement a following: Mr. ROCKEFELLER. Mr. President, I sixth incentive: a medical support in- ‘‘SEC. 458A. INCENTIVE PAYMENTS TO STATES. am pleased to join my colleague and centive. As we are all aware, health ‘‘(a) IN GENERAL.—In addition to any other payment under this part, the Secretary friend, Senator SNOWE, in introducing care is an essential part of any finan- shall, subject to subsection (f), make an in- the Child Support Performance Im- cial package provided for a child. For centive payment to each State for each fis- provement Act of 1997. I have long been the first time, this bill requires the im- cal year in an amount determined under sub- impressed with Senator SNOWE’s com- plementation of a medical incentive section (b). mitment to the health, safety, and which will require States to seek med- ‘‘(b) AMOUNT OF INCENTIVE PAYMENT.— well-being of children, and I believe ical and health coverage as part of the ‘‘(1) IN GENERAL.—The incentive payment that this legislation will go far to im- overall child support order. All chil- for a State for a fiscal year is equal to the prove the financial security of thou- dren deserve comprehensive health sum of the applicable percentages (deter- mined in accordance with paragraph (3)) of sands of American children. coverage, and there is no reason it the maximum incentive amount for the As a country, our most fundamental should be a public expenditure when a State for the fiscal year, with respect to measure of success is how well we treat child’s parent is perfectly able to pay each of the following measures of State per- our children. We have a responsibility for it. formance for the fiscal year: as Members of Congress and as a com- The Child Support Performance Im- ‘‘(A) The paternity establishment perform- munity to do our utmost to make sure provement Act of 1997 also takes an im- ance level. that American children live happy, portant step in requiring States to pay ‘‘(B) The support order performance level. healthy, and stable lives. At the same families back first. The bill ensures ‘‘(C) The current payment performance time, we must acknowledge that much that States will not be allowed to level. ‘‘(D) The arrearage payment performance of the responsibility in ensuring chil- count toward incentive payments the level. dren’s happiness and security falls collection of arrearages that are not ‘‘(E) The cost-effectiveness performance squarely at the feet of their parents. first returned to former welfare fami- level. Sadly, many parents neglect their emo- lies who need such payments to remain ‘‘(F) Subject to section 2(d)(2)(C) of the tional and financial responsibilities, financially independent. While the Child Support Performance Improvement maintaining that because they are no overall incentive structure rewards the Act of 1997, the medical support performance longer living in the same house as their States for good performance, the fami- level. children, they no longer have to sup- lies first provision keeps the States ‘‘(2) MAXIMUM INCENTIVE AMOUNT.— ‘‘(A) IN GENERAL.—For purposes of para- port them. from receiving a double bonus—allow- graph (1), the maximum incentive amount It is estimated that each year, $15 to ing them to keep arrearages to reim- for a State for a fiscal year is— $25 billion in child support go uncol- burse themselves and then getting an ‘‘(i) subject to subsection (e)(2), with re- lected. One study reported that four incentive payment for it. spect to the performance measures described

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10805

in subparagraphs (A), (B), and (C) of para- ‘‘If the paternity establish- cases under the State plan, expressed as a graph (1), 0.49 percent of the State collec- ment performance level is: The applica- percentage. tions base for the fiscal year; ble percent- ‘‘(ii) DETERMINATION OF APPLICABLE PER- age is: ‘‘(ii) subject to subsection (e)(2), with re- At least: But less than: CENTAGE.—The applicable percentage with spect to the performance measures described respect to a State’s current payment per- in subparagraphs (D) and (E) of paragraph 0% ...... 50% ...... 0. formance level is as follows: (1), 0.37 percent of the State collections base for the fiscal year; and Notwithstanding the preceding sentence, if the paternity establishment performance ‘‘(iii) with respect to the performance ‘‘If the current payment per- The applica- measure described in subparagraph (F), such level of a State for a fiscal year is less than formance level is: ble percent- percentage of the State collections base for 50 percent but exceeds by at least 10 percent- At least: But less than: age is: the fiscal year as the Secretary by regula- age points the paternity establishment per- formance level of the State for the imme- tion may determine in accordance with sub- 80% ...... 100 section (e)(2). diately preceding fiscal year, then the appli- cable percentage with respect to the State’s 79% ...... 80% ...... 98 ‘‘(B) STATE COLLECTIONS BASE.—For pur- 78% ...... 79% ...... 96 poses of subparagraph (A), the State collec- paternity establishment performance level is 50 percent. 77% ...... 78% ...... 94 tions base for a fiscal year is equal to the 76% ...... 77% ...... 92 ‘‘(B) ESTABLISHMENT OF CHILD SUPPORT OR- sum of— 75% ...... 76% ...... 90 DERS.— ‘‘(i) 2 times the sum of— 74% ...... 75% ...... 88 ‘‘(i) DETERMINATION OF SUPPORT ORDER PER- ‘‘(I) the total amount of support collected 73% ...... 74% ...... 86 during the fiscal year under the State plan FORMANCE LEVEL.—The support order per- formance level for a State for a fiscal year is 72% ...... 73% ...... 84 approved under this part in cases in which 71% ...... 72% ...... 82 the support obligation involved is required the percentage of the total number of cases under the State plan approved under this 70% ...... 71% ...... 80 to be assigned to the State pursuant to part 69% ...... 70% ...... 79 A or E of this title or title XIX; and part in which there is a support order during the fiscal year. 68% ...... 69% ...... 78 ‘‘(II) the total amount of support collected 67% ...... 68% ...... 77 ‘‘(ii) DETERMINATION OF APPLICABLE PER- during the fiscal year under the State plan 66% ...... 67% ...... 76 CENTAGE.—The applicable percentage with approved under this part in cases in which 65% ...... 66% ...... 75 the support obligation involved was so as- respect to a State’s support order perform- ance level is as follows: 64% ...... 65% ...... 74 signed but, at the time of collection, is not 63% ...... 64% ...... 73 required to be so assigned; and 62% ...... 63% ...... 72 ‘‘(ii) the total amount of support collected 61% ...... 62% ...... 71 during the fiscal year under the State plan ‘‘If the support order perform- ance level is: The applica- 60% ...... 61% ...... 70 approved under this part in all other cases. ble percent- age is: 59% ...... 60% ...... 69 ‘‘(3) DETERMINATION OF APPLICABLE PER- At least: But less than: 58% ...... 59% ...... 68 CENTAGES BASED ON PERFORMANCE LEVELS.— 57% ...... 58% ...... 67 ‘‘(A) PATERNITY ESTABLISHMENT.— 80% ...... 100 56% ...... 57% ...... 66 ‘‘(i) DETERMINATION OF PATERNITY ESTAB- 79% ...... 80% ...... 98 55% ...... 56% ...... 65 LISHMENT PERFORMANCE LEVEL.—The pater- 78% ...... 79% ...... 96 54% ...... 55% ...... 64 nity establishment performance level for a 77% ...... 78% ...... 94 53% ...... 54% ...... 63 State for a fiscal year is, at the option of the 76% ...... 77% ...... 92 52% ...... 53% ...... 62 State, the IV–D paternity establishment per- 75% ...... 76% ...... 90 51% ...... 52% ...... 61 centage determined under section 74% ...... 75% ...... 88 50% ...... 51% ...... 60 73% ...... 74% ...... 86 452(g)(2)(A) or the statewide paternity estab- 49% ...... 50% ...... 59 72% ...... 73% ...... 84 lishment percentage determined under sec- 48% ...... 49% ...... 58 71% ...... 72% ...... 82 tion 452(g)(2)(B). 47% ...... 48% ...... 57 70% ...... 71% ...... 80 ‘‘(ii) DETERMINATION OF APPLICABLE PER- 46% ...... 47% ...... 56 CENTAGE.—The applicable percentage with 69% ...... 70% ...... 79 68% ...... 69% ...... 78 45% ...... 46% ...... 55 respect to a State’s paternity establishment 44% ...... 45% ...... 54 performance level is as follows: 67% ...... 68% ...... 77 66% ...... 67% ...... 76 43% ...... 44% ...... 53 65% ...... 66% ...... 75 42% ...... 43% ...... 52 41% ...... 42% ...... 51 ‘‘If the paternity establish- 64% ...... 65% ...... 74 ment performance level is: The applica- 63% ...... 64% ...... 73 40% ...... 41% ...... 50 ble percent- 0% ...... 40% ...... 0. age is: 62% ...... 63% ...... 72 At least: But less than: 61% ...... 62% ...... 71 60% ...... 61% ...... 70 Notwithstanding the preceding sentence, if 80% ...... 100 59% ...... 60% ...... 69 the current payment performance level of a 79% ...... 80% ...... 98 58% ...... 59% ...... 68 State for a fiscal year is less than 40 percent 78% ...... 79% ...... 96 57% ...... 58% ...... 67 but exceeds by at least 5 percentage points 77% ...... 78% ...... 94 56% ...... 57% ...... 66 the current payment performance level of 76% ...... 77% ...... 92 55% ...... 56% ...... 65 the State for the immediately preceding fis- 75% ...... 76% ...... 90 54% ...... 55% ...... 64 cal year, then the applicable percentage with 74% ...... 75% ...... 88 53% ...... 54% ...... 63 respect to the State’s current payment per- 73% ...... 74% ...... 86 52% ...... 53% ...... 62 formance level is 50 percent. 72% ...... 73% ...... 84 51% ...... 52% ...... 61 ‘‘(D) COLLECTIONS ON CHILD SUPPORT AR- 71% ...... 72% ...... 82 50% ...... 51% ...... 60 REARAGES.— 70% ...... 71% ...... 80 0% ...... 50% ...... 0. ‘‘(i) DETERMINATION OF ARREARAGE PAY- 69% ...... 70% ...... 79 MENT PERFORMANCE LEVEL.—The arrearage 68% ...... 69% ...... 78 Notwithstanding the preceding sentence, if payment performance level for a State for a 67% ...... 68% ...... 77 the support order performance level of a fiscal year is equal to the total number of 66% ...... 67% ...... 76 State for a fiscal year is less than 50 percent cases under the State plan approved under 65% ...... 66% ...... 75 but exceeds by at least 5 percentage points this part in which payments of past-due 64% ...... 65% ...... 74 the support order performance level of the child support were received during the fiscal 63% ...... 64% ...... 73 State for the immediately preceding fiscal year and part or all of the payments were 62% ...... 63% ...... 72 year, then the applicable percentage with re- distributed to the family to whom the past- 61% ...... 62% ...... 71 spect to the State’s support order perform- due child support was owed (or, if all past- 60% ...... 61% ...... 70 ance level is 50 percent. due child support owed to the family was, at 59% ...... 60% ...... 69 ‘‘(C) COLLECTIONS ON CURRENT CHILD SUP- the time of receipt, subject to an assignment 58% ...... 59% ...... 68 PORT DUE.— to the State, part or all of the payments 57% ...... 58% ...... 67 ‘‘(i) DETERMINATION OF CURRENT PAYMENT were retained by the State) divided by the 56% ...... 57% ...... 66 PERFORMANCE LEVEL.—The current payment total number of cases under the State plan 55% ...... 56% ...... 65 performance level for a State for a fiscal in which there is past-due child support, ex- 54% ...... 55% ...... 64 year is equal to the total amount of current pressed as a percentage. 53% ...... 54% ...... 63 support collected during the fiscal year ‘‘(ii) DETERMINATION OF APPLICABLE PER- 52% ...... 53% ...... 62 under the State plan approved under this CENTAGE.—The applicable percentage with 51% ...... 52% ...... 61 part divided by the total amount of current respect to a State’s arrearage payment per- 50% ...... 51% ...... 60 support owed during the fiscal year in all formance level is as follows:

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10806 CONGRESSIONAL RECORD — SENATE October 9, 1997 Improvement Act of 1997, the medical sup- Social Security Act (42 U.S.C. 658A), as added port performance level for a State for a fis- by subsection (a), the amount of an incentive ‘‘If the arrearage payment The applica- cal year, and the applicable percentage for a payment for a State under such section shall performance level is: ble percent- State with respect to such level, shall be de- not be— termined in accordance with regulations im- (1) in the case of fiscal year 2000, less than At least: But less than: age is: plementing the recommendations required to 80 percent or greater than 120 percent of the 80% ...... 100 be included in the report submitted under incentive payment for the State determined 79% ...... 80% ...... 98 section 2(d)(2)(B) of such Act. under section 458 of the Social Security Act 78% ...... 79% ...... 96 ‘‘(c) TREATMENT OF INTERSTATE COLLEC- (42 U.S.C. 658) for fiscal year 1999 (as such 77% ...... 78% ...... 94 TIONS.—In computing incentive payments section was in effect for such fiscal year); 76% ...... 77% ...... 92 under this section, support which is collected (2) in the case of fiscal year 2001, less than 75% ...... 76% ...... 90 by a State at the request of another State 60 percent or greater than 140 percent of the 74% ...... 75% ...... 88 shall be treated as having been collected in incentive payment for the State (as so deter- 73% ...... 74% ...... 86 full by both States, and any amounts ex- mined); 72% ...... 73% ...... 84 pended by a State in carrying out a special (3) in the case of fiscal year 2002, less than 71% ...... 72% ...... 82 project assisted under section 455(e) shall be 40 percent or greater than 160 percent of the 70% ...... 71% ...... 80 excluded. incentive payment for the State (as so deter- 69% ...... 70% ...... 79 ‘‘(d) ADMINISTRATIVE PROVISIONS.—The mined); and 68% ...... 69% ...... 78 amounts of the incentive payments to be (4) in the case of fiscal year 2003, less than 67% ...... 68% ...... 77 made to the States under this section for a 20 percent or greater than 180 percent of the 66% ...... 67% ...... 76 fiscal year shall be estimated by the Sec- incentive payment for the State (as so deter- 65% ...... 66% ...... 75 retary at or before the beginning of the fiscal mined). year on the basis of the best information 64% ...... 65% ...... 74 (c) REGULATIONS.—Within 9 months after available, as obtained in accordance with 63% ...... 64% ...... 73 the date of enactment of this section, the section 452(a)(12). The Secretary shall make 62% ...... 63% ...... 72 Secretary of Health and Human Services the payments for the fiscal year, on a quar- 61% ...... 62% ...... 71 shall prescribe regulations governing the im- terly basis (with each quarterly payment 60% ...... 61% ...... 70 plementation of section 458A of the Social being made not later than the beginning of 59% ...... 60% ...... 69 Security Act, when such section takes effect, 58% ...... 59% ...... 68 the quarter involved), in the amounts so es- timated, reduced, or increased to the extent and the implementation of subsection (b) of 57% ...... 58% ...... 67 this section. 56% ...... 57% ...... 66 of any overpayments or underpayments (d) STUDIES.— 55% ...... 56% ...... 65 which the Secretary determines were made 54% ...... 55% ...... 64 under this section to the States involved for (1) GENERAL REVIEW OF NEW INCENTIVE PAY- 53% ...... 54% ...... 63 prior periods and with respect to which ad- MENT SYSTEM.— 52% ...... 53% ...... 62 justment has not already been made under (A) IN GENERAL.—The Secretary of Health 51% ...... 52% ...... 61 this subsection. Upon the making of any es- and Human Services (in this subsection re- 50% ...... 51% ...... 60 timate by the Secretary under the preceding ferred to as the ‘‘Secretary’’) shall conduct a 49% ...... 50% ...... 59 sentence, any appropriations available for study of the implementation of the incentive 48% ...... 49% ...... 58 payments under this section are deemed ob- payment system established by section 458A 47% ...... 48% ...... 57 ligated. of the Social Security Act, in order to iden- 46% ...... 47% ...... 56 ‘‘(e) REGULATIONS.— tify the problems and successes of the sys- 45% ...... 46% ...... 55 ‘‘(1) IN GENERAL.—The Secretary shall pre- tem. 44% ...... 45% ...... 54 scribe such regulations as may be necessary (B) REPORTS TO CONGRESS.— 43% ...... 44% ...... 53 governing the calculation of incentive pay- (i) REPORT ON VARIATIONS IN STATE PER- 42% ...... 43% ...... 52 ments under this section, including direc- FORMANCE ATTRIBUTABLE TO DEMOGRAPHIC 41% ...... 42% ...... 51 tions for excluding from the calculations VARIABLES.—Not later than October 1, 2000, 40% ...... 41% ...... 50 certain closed cases and cases over which the the Secretary shall submit to Congress a re- 0% ...... 40% ...... 0. States do not have jurisdiction, and regula- port that identifies any demographic or eco- tions excluding from the calculations of the nomic variables that account for differences Notwithstanding the preceding sentence, if current payment performance level and the in the performance levels achieved by the the arrearage payment performance level of arrearage payment performance level any States with respect to the performance a State for a fiscal year is less than 40 per- case in which the State used State funds to measures used in the system, and contains cent but exceeds by at least 5 percentage make such payments for the primary pur- the recommendations of the Secretary for points the arrearage payment performance pose of increasing the State’s performance such adjustments to the system as may be level of the State for the immediately pre- levels in such areas. necessary to ensure that the relative per- ceding fiscal year, then the applicable per- ‘‘(2) REGULATIONS IMPLEMENTING THE MED- formance of States is measured from a base- centage with respect to the State’s arrearage ICAL SUPPORT PERFORMANCE LEVEL.—Subject line that takes account of any such vari- payment performance level is 50 percent. to section 2(d)(2)(C) of the Child Support Per- ables. ‘‘(E) COST-EFFECTIVENESS.— formance Improvement Act of 1997, the Sec- (ii) INTERIM REPORT.—Not later than March ‘‘(i) DETERMINATION OF COST-EFFECTIVENESS retary shall prescribe regulations imple- 1, 2001, the Secretary shall submit to Con- PERFORMANCE LEVEL.—The cost-effectiveness menting the recommendations required to be gress an interim report that contains the performance level for a State for a fiscal included in the report submitted under sec- findings of the study required by subpara- year is equal to the total amount collected tion 2(d)(2)(B) of such Act. To the extent nec- graph (A). during the fiscal year under the State plan essary to ensure that the implementation of (iii) FINAL REPORT.—Not later than October approved under this part divided by the total such recommendations does not result in 1, 2003, the Secretary shall submit to Con- amount expended during the fiscal year total Federal expenditures under this section gress a final report that contains the final under the State plan, expressed as a ratio. in excess of the amount of such expenditures findings of the study required by subpara- ‘‘(ii) DETERMINATION OF APPLICABLE PER- in the absence of such implementation, such graph (A). The report shall include any rec- CENTAGE.—The applicable percentage with regulations may increase or decrease the ommendations for changes in the system respect to a State’s cost-effectiveness per- percentages specified in clauses (i) and (ii) of that the Secretary determines would im- formance level is as follows: subsection (b)(2)(A). prove the operation of the child support en- ‘‘(f) REINVESTMENT.— forcement program. ‘‘(1) IN GENERAL.—Until such time as the (2) DEVELOPMENT OF MEDICAL SUPPORT IN- ‘‘If the cost-effectiveness per- State qualifies for the maximum incentive CENTIVE.— formance level is: The applica- ble percent- amount possible, as determined under sub- (A) IN GENERAL.—The Secretary, in con- At least: But less than: age is: section (b)(2), payments under this section sultation with State directors of programs and section 458 shall supplement, not sup- operated under part D of title IV of the So- 5.00 ...... 100 plant, State child support expenditures cial Security Act and representatives of chil- 4.50 ...... 4.99 ...... 90 under the State program under this part to dren potentially eligible for medical support, 4.00 ...... 4.50 ...... 80 the extent that such expenditures were fund- such as child advocacy organizations, shall 3.50 ...... 4.00 ...... 70 ed by the State in fiscal year 1996. develop a new medical support performance 3.00 ...... 3.50 ...... 60 ‘‘(2) PENALTY.—Failure to satisfy the re- measure based on the effectiveness of States 2.50 ...... 3.00 ...... 50 quirement of paragraph (1) shall result in a in establishing and enforcing medical sup- 2.00 ...... 2.50 ...... 40 proportionate reduction, determined by the port obligations, and shall make rec- 0.00 ...... 2.00 ...... 0. Secretary, of future payments to the State ommendations for the incorporation of the under this section and section 458.’’. measure, in a revenue neutral manner, into ‘‘(F) MEDICAL SUPPORT.—Subject to section (b) PAYMENTS DURING TRANSITION PE- the incentive payment system established by 2(d)(2)(C) of the Child Support Performance RIOD.—Notwithstanding section 458A of the section 458A of the Social Security Act.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10807 (B) REPORT.—Not later than October 1, the amendments made by section 103(a) was favorably reported by the House 1998, the Secretary shall submit to the Com- (without regard to section 116(a)(2)) first Committee on Education and the mittee on Ways and Means of the House of apply to the State.’’; and Workforce on September 24, 1997, by a Representatives and the Committee on Fi- (ii) in paragraph (2), by striking ‘‘(c)’’ and bipartisan vote of 43–0. nance of the Senate, a report that describes inserting ‘‘(b)’’. the performance measure and contains the (2) EFFECTIVE DATE.—The amendments The rapidly rising cost of attending recommendations required under subpara- made by this subsection shall take effect as college is producing students with graph (A). if included in the enactment of section 341 of overwhelming student loan debt loads. (C) CONGRESSIONAL DISAPPROVAL RE- the Personal Responsibility and Work Oppor- The College Board reports that tuition QUIRED.— tunity Reconciliation Act of 1996. at 4-year private institutions has risen (i) IN GENERAL.—The Secretary shall, by (f) ELIMINATION OF PREDECESSOR INCENTIVE by 89 percent over the past 15 years regulation, implement the recommendations PAYMENT SYSTEM.— while median family income has risen required to be included in the report sub- (1) REPEAL.—Section 458 of the Social Se- mitted under subparagraph (B) unless a joint curity Act (42 U.S.C. 658) is repealed. by only 5 percent. Students are re- resolution is enacted, in accordance with (2) CONFORMING AMENDMENTS.— sponding by borrowing at record lev- subparagraph (D), disapproving such rec- (A) Section 458A of the Social Security Act els—in fact, student borrowing under ommendations before the end of the 1-year (42 U.S.C. 658a) is redesignated as section 458. Title IV since 1990 exceeds student bor- period that begins on the date on which the (B) Paragraphs (1) and (2) of section 458(f) rowing in the 1960’s, 1970’s, and 1980’s Secretary submits such report. (as so redesignated) are each amended by combined. Between 1993 and 1995, grad- (ii) EXCLUSION OF CERTAIN DAYS.—For pur- striking ‘‘and section 458’’. poses of clause (i) and subparagraph (D), the uate and professional student bor- (3) EFFECTIVE DATE.—The amendments rowing increased by over 74 percent. days on which either House of Congress is made by this subsection shall take effect on not in session because of an adjournment of October 1, 2003. In order to ease the burden of repay- more than 3 days to a day certain shall be (g) GENERAL EFFECTIVE DATE.—Except as ing these debts, Congress created the excluded from the computation of the period. otherwise provided in this section, the student loan consolidation program. (D) CONGRESSIONAL CONSIDERATION.— amendments made by this section shall take This program allows students to con- (i) TERMS OF THE RESOLUTION.—For pur- effect on October 1, 1999. solidate their student loans into a sin- poses of subparagraph (C)(i), the term ‘‘joint SEC. 3. DATA INTEGRITY. resolution’’ means only a joint resolution gle loan that has a variety of repay- (a) DUTY OF THE SECRETARY TO ENSURE RE- that is introduced within the 1-year period ment options. Current law allows stu- LIABLE DATA.—Section 452(a) of the Social described in such subparagraph and— dents to consolidate all of their Direct Security Act (42 U.S.C. 652(a)) is amended— (I) that does not have a preamble; (1) in paragraph (10), by striking ‘‘and’’ at Student Loans and their Federal Fam- (II) the matter after the resolving clause of the end; ily Education Loan Program [FFELP] which is as follows: ‘‘That Congress dis- (2) in paragraph (11), by striking the period loans into a Direct Lending Consolida- approves the recommendations of the Sec- and inserting ‘‘; and’’; and tion loan administered by the Depart- retary of Health and Human Services regard- (3) by adding at the end the following: ing the implementation of a medical support ment of Education. A student may con- ‘‘(12) ensure that data required for the op- performance measure submitted on ll’’, solidate his or her FFELP loans into a the blank space being filled in with the ap- eration of State programs is complete and FFELP Consolidation Loan but may propriate date; and reliable by providing Federal guidance, tech- not consolidate his or her Direct Loans nical assistance, and monitoring.’’. (III) the title of which is as follows: ‘‘Joint into the FFELP Program. As a result, resolution disapproving the recommenda- (b) DENYING INCENTIVE PAYMENTS WHEN FEDERAL AUDITS FIND THAT CLAIMS ARE borrowers who wish to consolidate both tions of the Secretary of Health and Human Direct Student Loans and FFELP Services regarding the implementation of a BASED ON INCOMPLETE OR UNRELIABLE medical support performance measure.’’. DATA.—Section 409(a)(8)(A) of the Social Se- loans into a single loan must go to the (ii) REFERRAL.—A resolution described in curity Act (42 U.S.C. 609(a)(8)(A)) is amended Department of Education. clause (i) that is introduced— by striking the period and inserting the fol- Last August, the Department of Edu- (I) in the House of Representatives, shall lowing: ‘‘, and, in addition to the reductions cation announced that it had accumu- be referred to the Committee on Ways and specified in subparagraph (B), no State shall be eligible for incentive payments pursuant lated a backlog of 85,000 applications Means; and for consolidated loans and would cease (II) in the Senate, shall be referred to the to section 458 or 458A for any fiscal year in Committee on Finance. which its claim is based on data found to be accepting new applications until this (iii) DISCHARGE.—If a committee to which a incomplete or unreliable pursuant to an backlog was eliminated. This decision resolution described in clause (i) is referred audit or audits conducted under section places more than 70,000 students in has not reported such resolution by the end 452(a)(4)(C).’’. limbo with no place to turn for help. of the 20-day period beginning on the date on (c) EFFECTIVE DATE.—The amendments This bill will provide temporary au- which the Secretary submits the report re- made by this section shall take effect on Oc- thority to allow them to consolidate tober 1, 1999. quired under subparagraph (B), such com- all of their loans, both FFELP and Di- mittee shall be, at the end of such period, rect through the FFELP program. discharged from further consideration of By Mr. JEFFORDS: such resolution, and such resolution shall be S. 1294. A bill to amend the Higher In addition, this legislation makes placed on the appropriate calendar of the Education Act of 1965 to allow the con- technical corrections to the need anal- House involved. solidation of student loans the Federal ysis provisions of the Higher Education (iv) CONSIDERATION.—On or after the third Family Loan Program and the Direct Act of 1965 to conform with changes day after the date on which the committee Loan Program; to the Committee on made to the Tax Code earlier this year to which a resolution described in clause (i) Labor and Human Resources. which provide students and parents has reported, or has been discharged from with higher education tax credits. The further consideration of such resolution, THE EMERGENCY STUDENT LOAN CONSOLIDATION such resolution shall be considered in the ACT OF 1997 bill addresses an oversight in the tax same manner as a resolution is considered Mr. JEFFORDS. Mr. President, I rise legislation which will result in some under subsections (d), (e), and (f) of section to introduce the Emergency Student students receiving reduced student aid 2908 of the Defense Base Closure and Realign- Loan Consolidation Act of 1997. This under Title IV of the Higher Education ment Act of 1990 (10 U.S.C. 2687 note). bill will provide emergency relief to Act simply because they qualify for (e) TECHNICAL AMENDMENTS.— the nearly 70,000 students nationwide and receive the new tax credits. By (1) IN GENERAL.—Section 341 of the Per- adopting this change to the need anal- sonal Responsibility and Work Opportunity whose efforts to consolidate their stu- Reconciliation Act of 1996 (42 U.S.C. 658 note) dent loans have been thwarted by the ysis formula now, the Department can is amended— collapse of the Department of Edu- begin the process of revising the stu- (A) by striking subsection (a) and redesig- cation’s Direct Loan Consolidation dent aid application forms well in ad- nating subsections (b), (c), and (d) as sub- Program. In addition this bill makes vance of the 1999 academic year. sections (a), (b), and (c), respectively; and conforming changes in the Higher Edu- Mr. President, I ask unanimous con- (B) in subsection (c) (as so redesignated)— cation Act to ensure that students who sent that a Washington Post article de- (i) by striking paragraph (1) and inserting receive the Hope Tax Credit are able to tailing the problems with the loan con- the following: solidation program be included in the ‘‘(1) CONFORMING AMENDMENTS TO PRESENT receive all of the financial aid to which SYSTEM.—The amendments made by sub- they are entitled. The Emergency Stu- RECORD. section (a) of this section shall become effec- dent Loan Consolidation Act of 1997 is I urge my colleagues to support this tive with respect to a State as of the date the companion bill to H.R. 2535 which legisation.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10808 CONGRESSIONAL RECORD — SENATE October 9, 1997 There being no objection, the mate- Longanecker said that the department is tional income tax simply because rial was ordered to be printed in the disappointed with the work of the contractor they’re married. One thousand four RECORD, as follows: that it hired last year for the job. Electronic hundred dollars could mean six or Data Systems, which was founded by billion- EDUCATION DEPARTMENT SUSPENDS PROGRAM seven car payments, a family vacation, aire Ross Perot. Longanecker said there FOR RESTRUCTURING STUDENT LOANS were start-up problems in processing student or a computer for the family. (By Rene Sanchez) requests, and that ever since the volume of For example, a single person earning The Education Department, long maligned applications has overwhelmed the system. $24,000 a year is taxed at the rate of 15 by congressional Republicans who say its Some officials said that it had been taking percent. But, by taxing them on their management is a mess, has just give its crit- more than seven months in same cases—an combined income, the IRS collects 28 ics new reason to howl. unpaid student loan falls into default after percent in tax from a working couple The department announced last week that six months—to process applications. Because in which each spouse earns $24,000. It is it will not accept any more applications recent steps to improve performance had from recent college graduates trying to con- wrong for two people living together to only put a small dent in the backlog of appli- pay less taxes than if they were mar- solidate or refinance their tuition loans until cations, Longanecker said the department the contractor it hired for the job clears up decided instead to stop taking them for a ried. an enormous backlog of those requests. while. Because American families increas- There are more than 70,000 college students ‘‘It was like we were trying to fix a 747 ingly have had two breadwinners, in- nationwide whose loan payments may soon while it was still in their air,’’ he said. stead of one, more Americans are im- be in limbo because of the lengthy processing The department has no estimates yet as to pacted by the marriage penalty. In delays, and the waiting list has been growing when the loan-consolidation program will be longer each month. The department said 1969, 52 percent of American families re-opened. But Longanecker said that he ex- that it had no choice but to suspend the pop- had only one bread winner. Today that pects it certainly will be before December, ular program indefinitely in order to begin figure is 28 percent. which is a peak time for applications from fixing the problem. Mr. President, under current law, the students because that is when the most re- ‘‘It’s a terrible embarrassment,’’ said only way to avoid the marriage penalty David Longanecker, the assistant secretary cent class of college graduates are supposed to start repaying their tuition loans. is not to marry or to leave your spouse for postsecondary education. ‘‘We were fall- if already married. This is wrong. We ing farther and farther behind, but by doing That is hardly satisfying some critics, this we are confident that we’ll get on top of however. And some lawmakers say they are need a Tax Code to encourage mar- the problem soon.’’ also losing confidence in how the department riage, not penalize it. This legislation The department faced a similar predica- chooses its contractors, suggesting that the is supported by Americans for Tax Re- ment last year when more than 900,000 stu- process does not seem as rigorous as it form and the National Taxpayers dent aid applications handled by private con- should be. Union. We are introducing this bill tractors it hired were delayed because of se- Education Department leaders scoff at much of the criticism coming from Repub- with 34 co-sponsors, including every rious management problems. The incidents Member of the Republican leadership. I are raising new questions about the depart- licans about direct lending, saying that ment’s ability to manage its direct lending many of them have never wanted the pro- am very pleased to be working with program, which allows students to get tui- gram to succeed anyway. But alarm over the Senators FAIRCLOTH and MACK and I tion loans straight from the federal govern- latest management problem extends well be- hope Members from both sides of the ment and offers them a range of repayment yond Capitol Hill. aisle will join us in rectifying this un- options. ‘‘Up to now, they’ve done a pretty good job fair tax treatment of married couples. Direct lending, one of President Clinton’s on this,’’ said Terry Hartle, a vice president most important education initiatives, has for the American Council on Education, a f been under fire from Republicans and many Washington group that represents more than ADDITIONAL COSPONSORS private lenders—who no longer have a mo- 1,500 universities. ‘‘But what we have here is nopoly on the nations’ massive student loan a huge embarrassment in one of the presi- S. 9 industry—ever since it was created five years dent’s signature education programs.’’ At the request of Mr. NICKLES, the ago. There have been several campaigns in Mrs. HUTCHISON. Mr. President, name of the Senator from Tennessee Congress to abolish or severely limit the pro- Americans should not have to choose [Mr. THOMPSON] was added as a cospon- gram, but it is still largely intact, serving between love and money. In a country sor of S. 9, a bill to protect individuals more than 1,200 universities. Many college that values families, the Federal Tax from having their money involuntarily officials say they have been quite pleased collected and used for politics by a cor- with the program so far. Code shouldn’t punish people for being But to some Republican leaders, the latest married. The number of unmarried- poration or labor organization. trouble is proof that the department is not couple households increased 80 percent S. 22 up to the task of handling the complexities from 1980 to 1990, according to census At the request of Mr. MOYNIHAN, the of managing college loans at a time when a figures. The percentage of people who name of the Senator from Hawaii [Mr. record number of students—at last count, never marry has doubled, from 5 per- AKAKA] was added as a cosponsor of S. more than 7 million—depend on them. cent in the 1950’s to 10 percent today. 22, a bill to establish a bipartisan na- ‘‘From the very start of the program, I tional commission to address the year doubted the department’s ability to become Today, I am pleased to introduce leg- one of the largest banks in this country,’’ islation with Senators FAIRCLOTH and 2000 computer problem. Rep. William F. Goodline (R-Pa), chairman MACK that will abolish the Federal in- S. 61 of the House Committee on Education and come tax marriage penalty. Under this At the request of Mr. LOTT, the the Workforce, said last week. He called the legislation, families will have the names of the Senator from Alabama department’s inability to consolidate stu- choice of filing as single or married, [Mr. SESSIONS], the Senator from dent loans quickly and efficiently ‘‘irrespon- depending on which method works best Vermont [Mr. LEAHY], the Senator sible.’’ from Connecticut [Mr. DODD], and the With tuition costs at most campuses con- for them. tinuing to exceed inflation, and college loan There is something wrong with a law Senator from Georgia [Mr. COVERDELL] debt soaring, more and more students are that imposes higher taxes on married were added as cosponsors of S. 61, a bill taking advantage of new opportunities to re- people with two incomes than on single to amend title 46, United States Code, structure their loans over longer periods of people. The hallmark of a fair tax sys- to extend eligibility for veterans’ bur- time or in ways that are based on what they tem is even-handedness, and the cur- ial benefits, funeral benefits, and re- earn after graduation. rent law flunks this test. From 1913 lated benefits for veterans of certain Education department officials said that service in the United States merchant often in the last year they have received through 1969, the Federal income tax nearly 150,000 applications a month from stu- treated married couples either better marine during World War II. dents to consolidate loans, a rate that is or as well as if single. Since then, pro- S. 89 nearly twice what they said they had ex- gressive tax rates have meant that At the request of Ms. SNOWE, the pected when the program began. married couples with two incomes have name of the Senator from Kentucky But they adamantly reject criticism that to pay more in Federal taxes than they [Mr. FORD] was added as a cosponsor of direct lending is in shambles. would as individuals. The Congres- S. 89, a bill to prohibit discrimination ‘‘I can understand the frustration, but I think we have to keep it in perspective,’’ sional Budget Office reports that in against individuals and their family Longanecker. ‘‘One reason we have this prob- 1996, more than 21 million married cou- members on the basis of genetic infor- lem is because of the great popularity of the ples paid the marriage penalty. The av- mation, or a request for genetic serv- program.’’ erage couple now pays $1,400 in addi- ices.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10809 S. 219 sor of S. 623, a bill to amend title 38, BROWNBACK] and the Senator from Con- At the request of Mr. DASCHLE, the United States Code, to deem certain necticut [Mr. LIEBERMAN] were added name of the Senator from Idaho [Mr. service in the organized military forces as cosponsors of S. 1124, a bill to amend CRAIG] was added as a cosponsor of S. of the Government of the Common- title VII of the Civil Rights Act of 1964 219, a bill to amend the Trade Act of wealth of the Philippines and the Phil- to establish provisions with respect to 1974 to establish procedures for identi- ippine Scouts to have been active serv- religious accommodation in employ- fying countries that deny market ac- ice for purposes of benefits under pro- ment, and for other purposes. cess for value-added agricultural prod- grams administered by the Secretary S. 1153 ucts of the United States. of Veterans Affairs. At the request of Mr. BAUCUS, the S. 230 S. 813 name of the Senator from Mississippi At the request of Mr. THURMOND, the At the request of Mr. THURMOND, the [Mr. COCHRAN] was added as a cospon- name of the Senator from New Hamp- names of the Senator from Hawaii [Mr. sor of S. 1153, a bill to promote food shire [Mr. SMITH] was added as a co- INOUYE] and the Senator from Okla- safety through continuation of the sponsor of S. 230, a bill to amend sec- homa [Mr. INHOFE] were added as co- Food Animal Residue Avoidance Data- tion 1951 of title 18, United States Code sponsors of S. 813, a bill to amend chap- base program operated by the Sec- (commonly known as the Hobbs Act), ter 91 of title 18, United States Code, to retary of Agriculture. and for other purposes. provide criminal penalties for theft and S. 1194 S. 263 willful vandalism at national ceme- At the request of Mr. KYL, the names At the request of Mr. MCCONNELL, teries. of the Senator from Missouri [Mr. the name of the Senator from Utah S. 845 ASHCROFT], the Senator from Texas [Mr. HATCH] was added as a cosponsor At the request of Mr. LUGAR, the [Mrs. HUTCHISON], the Senator from of S. 263, a bill to prohibit the import, name of the Senator from Illinois [Ms. Kansas [Mr. ROBERTS], the Senator export, sale, purchase, possession, MOSELEY-BRAUN] was added as a co- from New Mexico [Mr. DOMENICI], and transportation, acquisition, and receipt sponsor of S. 845, a bill to transfer to the Senator from Idaho [Mr. CRAIG] of bear viscera or products that con- the Secretary of Agriculture the au- were added as cosponsors of S. 1194, a tain or claim to contain bear viscera, thority to conduct the census of agri- bill to amend title XVIII of the Social and for other purposes. culture, and for other purposes. Security Act to clarify the right of S. 852 S. 295 medicare beneficiaries to enter into At the request of Mr. SESSIONS, his private contracts with physicians and At the request of Mr. JEFFORDS, the name of the Senator from Oregon [Mr. name was added as a cosponsor of S. other health care professionals for the 852, a bill to establish nationally uni- provision of health services for which SMITH] was added as a cosponsor of S. 295, a bill to amend the National Labor form requirements regarding the ti- no payment is sought under the medi- Relations Act to allow labor manage- tling and registration of salvage, non- care program. ment cooperative efforts that improve repairable, and rebuilt vehicles. S. 1196 economic competitiveness in the S. 1024 At the request of Mr. MCCAIN, the United States to continue to thrive, At the request of Mr. GRASSLEY, the name of the Senator from New Jersey and for other purposes. names of the Senator from South Caro- [Mr. LAUTENBERG] was added as a co- lina [Mr. THURMOND] and the Senator sponsor of S. 1196, a bill to amend title S. 343 from Alabama [Mr. SESSIONS] were 49, United States Code, to require the At the request of Mr. THOMAS, the added as cosponsors of S. 1024, a bill to National Transportation Safety Board name of the Senator from Arizona [Mr. make chapter 12 of title 11 of the and individual foreign air carriers to MCCAIN] was added as a cosponsor of S. United States Code permanent, and for address the needs of families of pas- 343, a bill to authorize the extension of other purposes. sengers involved in aircraft accidents nondiscriminatory treatment (most-fa- S. 1084 involving foreign air carriers. vored-nation treatment) to the prod- At the request of Mr. GRAMM, his S 1204 ucts of Mongolia. . name was added as a cosponsor of S. At the request of Mr. COVERDELL, the S. 428 1084, a bill to establish a research and name of the Senator from Oregon [Mr. At the request of Mr. KOHL, the monitoring program for the national SMITH] was added as a cosponsor of S. names of the Senator from Massachu- ambient air quality standards for ozone 1204, a bill to simplify and expedite ac- setts [Mr. KERRY] and the Senator from and particulate matter and to reinstate cess to the Federal courts for injured Massachusetts [Mr. KENNEDY] were the original standards under the Clean parties whose rights and privileges, se- added as cosponsors of S. 428, a bill to Air Act, and for other purposes. cured by the United States Constitu- amend chapter 44 of title 18, United S. 1096 tion, have been deprived by final ac- States Code, to improve the safety of At the request of Mr. GRASSLEY, the tions of Federal agencies, or other gov- handguns. names of the Senator from North Caro- ernment officials or entities acting S. 437 lina [Mr. FAIRCLOTH], the Senator from under color of State law; to prevent At the request of Mr. DOMENICI, the Missouri [Mr. BOND], and the Senator Federal courts from abstaining from name of the Senator from South Da- from Indiana [Mr. COATS] were added as exercising Federal jurisdiction in ac- kota [Mr. DASCHLE] was added as a co- cosponsors of S. 1096, a bill to restruc- tions where no State law claim is al- sponsor of S. 437, a bill to improve In- ture the Internal Revenue Service, and leged; to permit certification of unset- dian reservation roads and related for other purposes. tled State law questions that are essen- transportation services, and for other S. 1113 tial to resolving Federal claims arising purposes. At the request of Mr. GRASSLEY, the under the Constitution; and to clarify S. 497 name of the Senator from Nebraska when government action is sufficiently At the request of Mr. COVERDELL, the [Mr. KERREY] was added as a cosponsor final to ripen certain Federal claims name of the Senator from New Hamp- of S. 1113, a bill to extend certain tem- arising under the Constitution. shire [Mr. SMITH] was added as a co- porary judgeships in the Federal judici- S. 1213 sponsor of S. 497, a bill to amend the ary. At the request of Mr. HOLLINGS, the National Labor Relations Act and the S. 1115 name of the Senator from Washington Railway Labor Act to repeal the provi- At the request of Mr. SESSIONS, his [Mrs. MURRAY] was added as a cospon- sions of the Acts that require employ- name was added as a cosponsor of S. sor of S. 1213, a bill to establish a Na- ees to pay union dues or fees as a con- 1115, a bill to amend title 49, United tional Ocean Council, a Commission on dition of employment. States Code, to improve one-call notifi- Ocean Policy, and for other purposes. S. 623 cation process, and for other purposes. S. 1233 At the request of Mr. INOUYE, the S. 1124 At the request of Mr. BROWNBACK, the name of the Senator from New York At the request of Mr. KERRY, the name of the Senator from Oklahoma [Mr. D’AMATO] was added as a cospon- names of the Senator from Kansas [Mr. [Mr. INHOFE] was added as a cosponsor

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10810 CONGRESSIONAL RECORD — SENATE October 9, 1997 of S. 1233, a bill to terminate the taxes rorism, organized criminal activities, immi- tion, and the appropriate committees of Con- imposed by the Internal Revenue Code gration flows, arms control and nonprolifera- gress should be notified of the findings of the of 1986 other than Social Security and tion, environment degradation, and other re- study upon its completion; and gional and Hemisphere-wide issues that can railroad retirement-related taxes. (9) the President should submit a report to best be addressed by collaborative, multilat- Congress every 90 days on progress towards SENATE RESOLUTION 116 eral means; achieving the policy goals stated in this res- At the request of Mr. LEVIN, the Whereas the President of the United States olution. name of the Senator from Alabama announced on August 1, 1997, a revision of the unilateral policy prohibiting the sale or Mr. GRAHAM. Mr. President, today I [Mr. SESSIONS] was added as a cospon- transfer of advanced weapons systems to am submitting a resolution, together sor of Senate Resolution 116, a resolu- countries of South America, Central Amer- with my friend and colleague Senator tion designating November 15, 1997, and ica, and the Caribbean, and the restoration LUGAR, which expresses the sense of November 15, 1998, as ‘‘America Recy- of United States military sales policy based the Senate that the United States cles Day.’’ on a case-by-case basis comparable to other should give high priority to working regions of the world; f with our partners in the Americas to Whereas the defense ministers of the Hemi- address shared foreign policy and secu- SENATE RESOLUTION 133—REL- sphere meet on a regular basis, as evidenced by the Defense Ministerial of the Americas rity problems in the Western Hemi- ATIVE TO A CHILD SAFETY DE- held in 1995 and 1996, to address problems of sphere. VICE mutual security and to deepen the security Over the past several years we have Mrs. BOXER (for herself, Mr. KOHL, dialogue in the Western Hemisphere; and witnessed unprecedented progress in Whereas it is in the national security in- Mr. CHAFEE, Ms. MOSELEY-BRAUN, Mr. our hemisphere. This sweeping wave of terest of the United States to promote secu- democratization and free market eco- KENNEDY, Mr. BIDEN, Mr. KERRY, Mrs. rity and stability with our Hemispheric nomics now provides us with a unique FEINSTEIN, Mr. JEFFORDS, Mr. HARKIN, neighbors by engaging with them as equal opportunity to consolidate these gains Mr. DURBIN, Mr. TORRICELLI, Mr. REED, partners to address security-related matters and to create a new security regime in Mr. INOUYE, Mr. AKAKA, Mr. LEVIN, Mr. of mutual concern: Now, therefore, be it the Americas. This new regime must be LAUTENBERG, Ms. MIKULSKI, Mr. Resolved, That it is the sense of the Senate that— based upon the premise that we will WELLSTONE, and Mr. ROBB) submitted (1) the United States should give high pri- work with our neighbors as equal part- the following resolution; which was re- ority to working with United States partners ners to address security-related mat- ferred to the Committee on the Judici- in the Americas to address shared foreign ters of mutual concern. ary: policy and security problems in the Western On August 1, 1997, the President re- S. RES. 133 Hemisphere; vised the unilateral policy prohibiting (2) the United States should encourage ef- Whereas eight leading American gun man- forts to increase the transparency of defense the sale or transfer of advanced weap- ufacturers have now agreed to include child planning, military acquisitions, military ex- ons systems to countries of South safety devices on their handguns; ercises, and military deployments as well as America, Central America, and the Whereas each year, nearly 40,000 Ameri- other mutual-confidence and security-build- Caribbean, and restored the policy cans are killed by firearms; ing measures in the Hemisphere in order to based on a case-by-case analysis com- Whereas more than 500 children are killed strengthen the environment of trust, con- accidentally each year by gunshots; parable to that used in other regions of fidence, and mutual restraint; the world. This alone is not a security Whereas many of these deaths and injuries (3) the United States should immediately are caused by handguns manufactured in the policy. It is an action that must be begin discussions with United States part- wrapped in a broader security policy United States; ners in the Hemisphere on steps that could Whereas a simple child safety device could lead to a voluntary multilateral restraint re- for the region. This resolution urges have prevented at least some of these deaths gime on the acquisition of advanced weapons the President to work towards such a and injuries; systems in the Hemisphere; broader policy and provides some direc- Whereas there are still a number of Amer- (4) the United States, in consultation with tion for that policy. ican gun makers, including some of the na- other countries in the Americas, should ex- We must recognize the great progress tion’s largest, who have not committed to plore areas for enhancing cooperation and that the democratically elected civil- including a child safety device on their guns: collaboration, including the strengthening of ian governments of the region have Now, therefore, be it existing inter-American organizations and Resolved, That it is the sense of the Senate made. For this they deserve to be arrangements, in order to address shared treated as we treat our other demo- that every American handgun manufacturer problems relating to subregional and Hemi- should voluntarily begin equipping all new sphere-wide foreign policy and security-re- cratic friends and allies. At the same handguns with child safety devices. lated issues; time, we must work with them to find ways to enhance security through de- f (5) the United States should— (A) encourage countries in the Hemisphere fense cooperation, transparency, and SENATE RESOLUTION 134—REL- to implement the Santiago Declaration on confidence and security building meas- ATIVE TO THE WESTERN HEMI- Confidence and Security-Building Measures ures. We urge the President to empha- SPHERE (CSBM) resolution adopted by the Organiza- size these themes in his meetings with tion of American States (OAS) on November Mr. GRAHAM (for himself and Mr. our hemisphere partners. 10, 1995; and Mr. President, I urge all of our col- LUGAR) submitted the following resolu- (B) take steps to bring about the imple- leagues to join Senator LUGAR and my- tion; which was referred to the Com- mentation of the resolution on Conventional self in supporting this resolution. It mittee on Foreign Relations: Arms Transparency and Confidence Building in the Americas relating to conventional will provide the President with the S. RES. 134 arms acquisitions adopted by the OAS on support of the Congress as he pursues Whereas the worldwide democratic revolu- June 5, 1997; these objectives, and demonstrate to tion has spread throughout the Western (6) the United States should increase the our partners that we remain com- Hemisphere to include democratically elect- number of civilian and military personnel in mitted to building a secure environ- ed governments in all countries but Cuba; foreign policy and defense-related training, ment so that all nations of the hemi- Whereas market economic principles have education, and exchange programs from and been adopted by most countries in the West- to eligible countries in the Western Hemi- sphere can prosper in peace. ern Hemisphere, resulting in remarkable sphere and encourage similar programs be- f economic growth and substantial increases tween countries in the region; SENATE RESOLUTION 135—TO AU- in international trade and investment; (7) the United States should conduct an in- Whereas the end of the Cold War has depth study of the roles, requirements, mis- THORIZE THE PRODUCTION OF opened up opportunities to address country- sions, and priorities of the United States RECORDS BY THE COMMITTEE specific, regional, and Hemisphere-wide con- Armed Forces in the Western Hemisphere in ON RULES AND ADMINISTRATION cerns relating to economic development, po- the post-Cold War environment, including Mr. LOTT (for himself and Mr. litical reform, security problems, and other recommendations for additional steps that DASCHLE) submitted the following reso- social and environmental issues in the Amer- should be taken to improve Hemispheric se- icas; curity and areas of possible cooperation with lution; which was considered and Whereas there are numerous foreign policy the armed forces of other countries in the re- agreed to: and security concerns in the Americas, in- gion; S. RES. 135 cluding the defense of democracy and free (8) the study should be completed within 12 Whereas, federal, state, and local law en- markets, illicit narcotics trafficking, ter- months of the date of adoption of this resolu- forcement officials have requested that the

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10811 Committee on Rules and Administration pro- or breast self-examination (BSE), saving as sion of law relating to vehicle mechanical vide them with copies of records held by the many as 30 percent more lives; safety, maintenance requirements, or inspec- committee related to the 1996 United States Whereas the Medicare program will cover tions; or Senate election in Louisiana; mammograms on an annual basis for women (B) to exempt any driver of a utility serv- Whereas, by the privileges of the Senate of over 39 years of age, beginning in January, ice vehicle from any applicable provision of the United States and Rule XI of the Stand- 1998; and law (including any regulation) established ing Rules of the Senate, no evidence under Whereas 47 States have passed legislation for the issuance, maintenance, or periodic the control or in the possession of the Senate requiring health insurance companies to renewal of a commercial driver’s license for can, by administrative or judicial process, be cover mammograms in accordance with rec- that driver. taken from such control or possession but by ognized screening guidelines: Now, therefore, (2) DEFINITIONS.—For purposes of this sec- permission of the Senate; be it tion, the following definitions shall apply: Whereas, when it appears that documents, Resolved, That the Senate— (A) COMMERCIAL DRIVER’S LICENSE.—The papers, and records under the control or in (1) designates October 17, 1997, as ‘‘Na- term ‘‘commercial driver’s license’’ has the the possession of the Senate may promote tional Mammography Day’’; and meaning given that term in section 31301(3) of title 49, United States Code. the administration of justice, the Senate will (2) requests that the President issue a (B) DRIVER OF A UTILITY SERVICE VEHICLE.— take such action as will promote the ends of proclamation calling upon the people of the The term ‘‘driver of a utility service vehi- justice consistently with the privileges of United States to observe such day with ap- cle’’ has the meaning given that term in sec- the Senate: Now, therefore, be it propriate programs and activities. tion 31502(e)(2)(A) of title 49, United States Resolved, That the Committee on Rules and Code, as added by subsection (a) of this sec- Administration, either through formal ac- f tion. tion or by joint action of the Chairman and AMENDMENTS SUBMITTED (C) REGULATION.—The term ‘‘regulation’’ Ranking Member, is authorized to provide to has the meaning given that term in section federal, state, and local law enforcement of- 31132(6) of title 49, United States Code. ficials copies of records held by the com- (D) UTILITY SERVICE VEHICLE.—The term mittee related to the 1996 United States Sen- THE ENHANCED INTERMODAL ‘‘utility service vehicle’’ has the meaning ate election in Louisiana. TRANSPORTATION SAFETY ACT OF 1997 given that term in section 345(e)(6) of the Na- f tional Highway System Designation Act of 1995 (49 U.S.C. 31136 note). SENATE RESOLUTION 136—DESIG- f NATING OCTOBER 17, 1997, AS NA- BURNS AMENDMENT NO. 1320 TIONAL MAMMOGRAPHY DAY (Ordered referred to the Committee THE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 1997 Mr. BIDEN (for himself, Mr. MACK, on Commerce, Science, and Transpor- Mr. ABRAHAM, Mr. AKAKA, Mr. tation.) ASHCROFT, Mr. BAUCUS, Mr. BENNETT, Mr. BURNS submitted an amend- BURNS AMENDMENT NO. 1321 Mrs. BOXER, Mr. BRYAN, Mr. CAMPBELL, ment intended to be proposed by him Mr. CHAFEE, Mr. COCHRAN, Mr. COVER- to the bill (S. 1267) to amend title 49, (Ordered referred to the Committee DELL, Mr. D’AMATO, Mr. DASCHLE, Mr. United States Code, to provide for en- on Commerce, Science, and Transpor- DEWINE, Mr. DORGAN, Mr. DURBIN, Mr. hanced intermodal transportation safe- tation.) FAIRCLOTH, Mr. FRIST, Mr. FORD, Mr. ty, and for other purposes; as follows: Mr. BURNS submitted an amend- GLENN, Mr. GORTON, Mr. GRAMS, Mr. At the appropriate place, insert the fol- ment intended to be proposed by him GRASSLEY, Mr. HAGEL, Mr. HATCH, Mr. lowing: to the bill (S. 1234) to improve trans- HUTCHINSON, Mrs. HUTCHISON, Mr. SEC. ll. EXEMPTION FROM CERTAIN REGULA- portation safety, and for other pur- INOUYE, Mr. JOHNSON, Mr. KENNEDY, TIONS FOR UTILITY SERVICE COM- poses; as follows: MERCIAL MOTOR VEHICLE DRIVERS. Mr. LAUTENBERG, Mr. LEAHY, Mr. (a) IN GENERAL.—Section 31502 of title 49, At the appropriate place, insert the fol- LEVIN, Mr. LOTT, Ms. MIKULSKI, Ms. United States Code, is amended by adding at lowing: MOSELEY-BRAUN, Mr. MOYNIHAN, Mr. the end the following new subsection: SEC. ll. WAIVERS FOR CERTAIN FARM VEHI- MURKOWSKI, Mrs. MURRAY, Mr. REED, ‘‘(e) EXCEPTION.— CLES. Mr. REID, Mr. ROBB, Mr. ROCKEFELLER, ‘‘(1) IN GENERAL.—Notwithstanding any (a) DEFINITIONS.—In this section: Mr. ROTH, Mr. SARBANES, Mr. SMITH of other provision of law, regulations promul- (1) CUSTOM HARVESTING FARM MACHINERY.— Oregon, Mr. SPECTER, Mr. THOMAS, Mr. gated under this section or section 31136 re- The term ‘‘custom harvesting farm machin- ery’’ includes vehicles used for custom har- THURMOND, Mr. TORRICELLI, Mr. garding— ‘‘(A) maximum driving and on-duty times vesting that— WELLSTONE, and Mr. WYDEN) submitted applicable to operators of commercial motor (A) are classified under subpart F of part the following resolution; which was vehicles; 383, of title 49, Code of Federal Regulations, considered and agreed to: ‘‘(B) physical testing, reporting, or record- as being included in Group A, B, or C (as S. RES. 136 keeping; and those terms are used in section 383.91 of that part); and Whereas according to the American Cancer ‘‘(C) the installation of automatic record- (B) are used on a seasonal basis to provide Society, in 1997, 180,200 women will be diag- ing devices associated with establishing the transportation of— nosed with breast cancer and 43,900 women maximum driving and on-duty times referred (i) agricultural commodities from field to will die from this disease; to in subparagraph (A), shall not apply to any driver of a utility storage or processing; and Whereas in the decade of the 1990’s, it is es- service vehicle. (ii) harvesting machinery and equipment timated that about 2,000,000 women will be ‘‘(2) DEFINITIONS.—For purposes of this sub- from farm to farm. diagnosed with breast cancer, resulting in section, the following definitions shall apply: (2) COMMERCIAL DRIVER’S LICENSE.—The nearly 500,000 deaths; ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI- term ‘‘commercial driver’s license’’ has the Whereas the risk of breast cancer increases CLE.—The term ‘driver of a utility service ve- meaning given that term in section 31301(3) with age, with a woman at age 70 having hicle’ means any driver who is considered to of title 49, United States Code. twice as much of a chance of developing the be a driver of a utility service vehicle for (b) WAIVERS.—In addition to the authority disease as a woman at age 50; purposes of section 345(a)(4) of the National granted to States to waive the application of Whereas at least 80 percent of the women Highway System Designation Act of 1995 (49 chapter 313 of title 49, United States Code, who get breast cancer have no family history U.S.C. 31136 note). with respect to farm vehicles described in 53 of the disease; ‘‘(B) UTILITY SERVICE VEHICLE.—The term Fed. Reg. 37313 through 37316 and farm-re- Whereas mammograms, when operated ‘utility service vehicle’ has the meaning lated service industries described in 57 Fed. professionally at a certified facility, can pro- given that term in section 345(e)(6) of the Na- Reg. 13650 through 13654, each State that vide a safe and quick diagnosis; tional Highway System Designation Act of issues commercial drivers’ licenses in ac- Whereas experts agree that mammography 1995 (49 U.S.C. 31136 note).’’. cordance with chapter 313 of title 49, United is the best method of early detection of (b) CONTINUED APPLICATION OF SAFETY AND States Code, may waive the application of breast cancer, and early detection is the key MAINTENANCE REQUIREMENTS.— any requirement for obtaining a commercial to saving lives; (1) IN GENERAL.—The amendment made by driver’s license for operators of custom har- Whereas mammograms can reveal the pres- subsection (a) may not be construed— vesting farm machinery or employees of ence of small cancers up to 2 years or more (A) to exempt any utility service vehicle farm-related service industries (or both) that before a regular clinical breast examination from compliance with any applicable provi- would otherwise apply.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10812 CONGRESSIONAL RECORD — SENATE October 9, 1997 THE LARRY COBY POST OFFICE ‘‘(4) SALE OF OBLIGATIONS.—Any obligation The hearing will be held on Thurs- DESIGNATION ACT OF 1997 acquired by the Fund may be sold by the day, October 23, 1997, at 9:30 a.m. in Secretary of the Treasury at the market room SD–366 of the Dirksen Senate Of- price. fice Building. THOMPSON AMENDMENT NO. 1322 ‘‘(5) CREDITS TO FUND.—The interest on, Those interested in testifying or sub- and the proceeds from the sale or redemption Mr. STEVENS (for Mr. THOMPSON) of, any obligations held in the Fund shall be mitting material for the hearing record proposed an amendment to the bill (S. credited to and form a part of the Fund.’’. should write to the Committee on En- 985) to designate the post office located SEC. 7. USE OF THE INSTITUTE BY A FEDERAL ergy and Natural Resources, United at 194 Ward Street in Paterson, New AGENCY. States Senate, Washington, D.C. 20510 Jersey, as the ‘‘Larry Coby Post Of- The Morris K. Udall Scholarship and Excel- attn: David Garman or Shawn Taylor fice’’; as follows: lence in National Environmental and Native at (202) 224–8115. American Public Policy Act of 1992 (20 U.S.C. On page 2, strike lines 14 through 16. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC 5601 et seq.) (as amended by section 6) is PRESERVATION AND RECREATION f amended by inserting after section 10 the fol- Mr. THOMAS. Mr. President, I would THE ENVIRONMENTAL POLICY lowing: like to announce for the information of AND CONFLICT RESOLUTION ACT ‘‘SEC. 11. USE OF THE INSTITUTE BY A FEDERAL the Senate and the public that a hear- OF 1997 AGENCY. On page 15, strike lines 13 through 16 and ing has been scheduled before the Sub- insert the following: committee on National Parks, Historic Preservation and Recreation of the McCAIN AMENDMENT NO. 1323 ‘‘(2) PAYMENT INTO ENVIRONMENTAL DISPUTE RESOLUTION FUND.—A payment from an exec- Committee on Energy and Natural Re- Mr. STEVENS (for Mr. MCCAIN) pro- utive agency on a contract entered into sources. posed an amendment to the bill (S. 399) under paragraph (1) shall be paid into the The hearing will take place on Thurs- to amend the Morris K. Udall Scholar- Environmental Dispute Resolution Fund es- day, October 23, 1997 at 2:00 p.m. in ship and Excellence in National Envi- tablished under section 10. room SD–366 of the Dirksen Senate Of- On page 17, line 1, strike ‘‘ .’’ and in- ronmental and Native American Public sec. 7 fice Building in Washington, DC. sert ‘‘sec. 8.’’. Policy Act of 1992 to establish the On page 17, line 2, strike ‘‘Section 12’’ and The purpose of this hearing is to re- United States Institute for Environ- insert ‘‘Section 13’’. ceive testimony on S. 633 to amend the mental Conflict Resolution to conduct On page 17, strike lines 11 through 13 and Petroglyph National Monument Estab- environmental conflict resolution and insert the following: lishment Act of 1990 to adjust the training, and for other purposes; as fol- ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION boundary of the monument. lows: FUND.—There are authorized to be appro- Because of the limited time available priated to the Environmental Dispute Reso- Beginning on page 14, strike line 17 and all for the hearing, witnesses may testify lution Fund established under section 10— that follows through page 15, line 3, and in- by invitation only. However, those On page 17, line 21, strike ‘‘sec. 8.’’ and in- sert the following: wishing to submit written testimony sert ‘‘sec. 9.’’. SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION On page 18, line 4, strike ‘‘12’’ and insert for the hearing record should send two FUND. ‘‘13(a)’’. copies of their testimony to the Sub- (a) REDESIGNATION.—Sections 10 and 11 of f committee on National Parks, Historic the Morris K. Udall Scholarship and Excel- Preservation and Recreation, Com- lence in National Environmental and Native NOTICES OF HEARINGS mittee on Energy and Natural Re- American Public Policy Act of 1992 (20 U.S.C. 5608, 5609) are redesignated as sections 12 and COMMITTEE ON INDIAN AFFAIRS sources, United States Senate, 364 13 of that Act, respectively. Mr. CAMPBELL. Mr. President, I Dirksen Senate Office Building, Wash- (b) ENVIRONMENTAL DISPUTE RESOLUTION would like to announce that the Senate ington, DC 20510–6150. FUND.—The Morris K. Udall Scholarship and Committee on Indian Affairs will meet For further information, please con- Excellence in National Environmental and on Monday, October 20, 1997 at 10:00 tact Jim O’Toole of the Subcommittee Native American Public Policy Act of 1992 a.m. in room 485 of the Russell Senate staff at (202) 224–5161. (20 U.S.C. 5601 et seq.) (as amended by sub- Office Building to conduct a Hearing on COMMITTEE ON ENERGY AND NATURAL RE- section (a)) is amended by inserting after SOURCES, SUBCOMMITTEE ON NATIONAL section 9 the following: H.R. 79, Hoopa Valley Reservation South Boundary Adjustment Act; and PARKS, HISTORIC PRESERVATION AND RECRE- ‘‘SEC. 10. ENVIRONMENTAL DISPUTE RESOLU- ATION TION FUND. S. 156, Lower Brule Sioux Tribe Infra- Mr. THOMAS. Mr. President, I would ‘‘(a) ESTABLISHMENT.—There is established structure Development Trust Fund like to announce for the information of in the Treasury of the United States an En- Act. the Senate and the public that a hear- vironmental Dispute Resolution Fund to be Those wishing additional information ing has been scheduled before the Sub- administered by the Foundation. The Fund should contact the Committee on In- shall consist of amounts appropriated to the committee on National Parks, Historic dian Affairs at 224–2251. Fund under section 13(b) and amounts paid Preservation and Recreation of the into the Fund under section 11. COMMITTEE ON INDIAN AFFAIRS Committee on Energy and Natural Re- ‘‘(b) EXPENDITURES.—The Foundation shall Mr. CAMPBELL. Mr. President, I sources. expend from the Fund such sums as the would like to announce that the Senate The hearing will take place on Board determines are necessary to establish Committee on Indian Affairs will meet Wednesday, October 29, 1997 at 2:00 p.m. and operate the Institute, including such on Tuesday, October 21, 1997 at 10:00 amounts as are necessary for salaries, ad- in room SD–366 of the Dirksen Senate ministration, the provision of mediation and a.m. in room 485 of the Russell Senate Office Building in Washington, DC. other services, and such other expenses as Office Building to conduct a Hearing on The purpose of this hearing is to re- the Board determines are necessary. H.R. 700, the Agua Caliente Equali- ceive testimony on S. 638 to provide for ‘‘(c) DISTINCTION FROM TRUST FUND.—The zation Act; and H.R. 976, the Mis- the expeditious completion of the ac- Fund shall be maintained separately from sissippi Sioux Judgment Fund Dis- quisition of private mineral interests the Trust Fund established under section 8. tribution Act. within the Mount St. Helens National ‘‘(d) INVESTMENT OF AMOUNTS.— Those wishing additional information Volcanic Monument mandated by the ‘‘(1) IN GENERAL.—The Secretary of the Treasury shall invest such portion of the should contact the Committee on In- 1982 Act that established the monu- Fund as is not, in the judgment of the Sec- dian Affairs at 224–2251. ment, and for other purposes. retary, required to meet current with- COMMITTEE ON ENERGY AND NATURAL Because of the limited time available drawals. RESOURCES for the hearing, witnesses may testify ‘‘(2) INTEREST-BEARING OBLIGATIONS.—In- Mr. MURKOWSKI. Mr. President, for by invitation only. However, those vestments may be made only in interest- the information of the Senate and the wishing to submit written testimony bearing obligations of the United States. public I am announcing that the Com- for the hearing record should send two ‘‘(3) ACQUISITION OF OBLIGATIONS.—For the mittee on Energy and Natural Re- copies of their testimony to the Sub- purpose of investments under paragraph (1), obligations may be acquired— sources, will hold an oversight hearing committee on Natural Parks, Historic ‘‘(A) on original issue at the issue price; or to receive testimony on the issue of Preservation and Recreation, Com- ‘‘(B) by purchase of outstanding obliga- peaceful nuclear cooperation with mittee on Energy and Natural Re- tions at the market price. China. sources,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10813 United States Senate, 364 Dirksen Sen- mittee on Labor and Human Resources pegged at $122 billion. If this figure is ate Office Building, Washington, DC Subcommittee on Public Health and correct, then the economic cost of 20510–6150. Safety be authorized to meet for a EPA’s new regulations will wipe out For further information, please con- Hearing on NIH Clinical Research dur- the entire economic benefit of the tax tact Jim O’Toole of the Subcommittee ing the session of the Senate on Thurs- relief that we just enacted for America. staff at (202) 224–5161. day, October 9, 1997, at 9:30 a.m. In my judgment, this would not bode f The PRESIDING OFFICER. Without well for our Nation’s financial health, AUTHORITY FOR COMMITTEES TO objection, it is so ordered. or for the economic well-being of our MEET SUBCOMMITTEE ON SECURITIES working families. Mr. JEFFORDS. Mr. President, I ask COMMITTEE ON COMMERCE, SCIENCE, AND We must also keep in mind that there unanimous consent that the Sub- TRANSPORTATION are alternative means by which we can committee on Securities of the Com- Mr. JEFFORDS. Mr. President, I ask save lives. Taking the EPA’s own esti- mittee on Banking, Housing, and unanimous consent that the Com- mates, the new standards will save the mittee on Commerce, Science, and Urban Affairs be authorized to meet during the session of the Senate on equivalent of 1,100 lives, at a cost of Transportation be authorized to meet $2,400,000 per life year saved. Mean- on Thursday, October 9, 1997 at 9:30 Thursday, October 9, 1997, to conduct an oversight hearing on the financial while, universal influenza vaccination a.m. on the tobacco agreement public would save 7,100,000 equivalent lives at health analysis. accounting standards board and its The PRESIDING OFFICER. Without proposed derivatives accounting stand- a cost of only $140 per life year saved. objection, it is so ordered. ard. And mammography for women over 50, an issue which many Members of this COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without Mr. JEFFORDS. Mr. President, I ask objection, it is so ordered. Senate have been personally involved unanimous consent that the Com- f with, would save 1,500,000 equivalent lives at a cost of $810 per life year mittee on Foreign Relations be author- ADDITIONAL STATEMENTS ized to meet during the session of the saved. This is according to an article in Senate on Thursday, October 9, 1997, at the journal ‘‘Risk Analysis’’ by a group 2:00 p.m. to hold a hearing. PROTECTING THIS NATION’S AIR of researchers led by Dr. Tengs. These discrepancies in lives saved and pro- The PRESIDING OFFICER. Without ∑ objection, it is so ordered. Mr. ABRAHAM. Mr. President, late grams’ bang for the buck if you will, last month, the Subcommittee on Man- COMMITTEE ON GOVERNMENTAL AFFAIRS should not be ignored. Mr. JEFFORDS. Mr. President, I ask ufacturing and Competitiveness held a hearing to examine the impact of Furthermore, if the Reason Founda- unanimous consent on behalf of the tion cost estimate is correct, 70,000 Governmental Affairs Committee Spe- EPA’s new air quality standards on American manufacturing, especially Michiganites could lose their jobs cial Investigation to meet on Thurs- under these new regulations. Many of day, October 9, at 10:00 a.m. for a hear- small manufacturers. On July 18 of this year, the Environ- those jobs—well-paying, blue-collar ing on campaign financing issues. jobs—would be in my State’s crucial The PRESIDING OFFICER. Without mental Protection Agency announced manufacturing sector. That is one rea- objection, it is so ordered. new air quality standards that call for son the president of Flint’s United COMMITTEE ON THE JUDICIARY more severe restrictions on ground- Auto Workers Local 599, Arthur Mr. JEFFORDS. Mr. President, I ask level ozone and microscopic dust par- McGee, testified in opposition to the unanimous consent that the Com- ticles called particulate matter. These new standards. UAW Local 599 notes mittee on the Judiciary be authorized new standards are the most far-reach- to hold an executive business meeting ing—and potentially the most costly— that workers at the Buick complex in during the session of the Senate on regulatory mandates implemented in that city already are fighting for their Thursday, October 9, 1997, at 10:00 a.m., U.S. history. jobs. in room 226 of the Senate Dirksen Of- Despite the administration’s having In a full page advertisement taken fice Building. promulgated these regulations, I be- out in the Wall Street Journal, Local The PRESIDING OFFICER. Without lieve a number of questions remain un- 599 proclaims that by working care- objection, it is so ordered. answered. To begin with, are these fully, quickly, and efficiently, these SUBCOMMITTEE ON INTERNATIONAL ECONOMIC standards necessary? It seems clear workers have earned for themselves POLICY, EXPORT AND TRADE PROMOTION that the scientific community is not of and their families a ‘‘healthy way of Mr. JEFFORDS. Mr. President, I ask one mind on the EPA’s new standards. life for their families and their commu- unanimous consent that the Sub- Indeed, from the reading I have done it nity.’’ Good pay, good health care ben- committee on International Economic seems clear that a substantial amount efits, and safe neighborhoods, all of Policy, Export and Trade Promotion be of scientific evidence exists to the ef- which promote healthy children, would authorized to meet during the session fect that the new rules will have neg- be lost if the new EPA standards forced of the Senate on Thursday, October 9, ligible positive impact whatsoever on plant closings in Flint. After evalu- 1997, at 9:30 am to hold a hearing. the public health. Not even the EPA’s ating the new standards and their po- The PRESIDING OFFICER. Without own Science Advisory Committee could tential impact, UAW Local 599 has con- objection, it is so ordered. conclude that public health would be cluded, ‘‘Poverty is more dangerous to SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC substantially improved by adopting our children than the current low lev- PRESERVATION, AND RECREATION new standards more stringent than els of air pollution.’’ Mr. JEFFORDS. Mr. President, I ask those already in effect. Moreover, Kay unanimous consent that the Sub- Jones, President Jimmy Carter’s top However, perhaps most surprising, committee on National Parks, Historic air quality adviser, says there are seri- some of the latest studies actually Preservation, and Recreation of the ous flaws in the studies cited by the show that many more jobs would be Committee on Energy and Natural Re- EPA to justify these new regulatory lost in the service than in the manufac- sources be granted permission to meet mandates. turing sector. Dry cleaning establish- during the session of the Senate on Nevertheless, the EPA wants Ameri- ments, hair salons, and other small Thursday, October 9, for purposes of cans to incur substantial costs in im- businesses will not be able to absorb conducting a subcommittee hearing plementing their new standards. By the the increased costs imposed by these which is scheduled to begin at 2:00 p.m. EPA’s own estimate, implementing the regulations. According to Decision The purpose of this oversight hearing new standards will cost Americans al- Focus, leading environmental policy is to receive testimony on the feasi- most $50 billion. And that estimate is consultants, compliance with the new bility of using bonding techniques to fi- very low if we are to believe some of ozone and particulate levels will cost nance large-scale capital projects in the estimates made by other organiza- 200,000 jobs nationwide, with the bulk the National Park System. tions. The highly regarded Reason of the loss occurring in small service SUBCOMMITTEE ON PUBLIC HEALTH AND SAFETY Foundation, as an example, has deter- and retail businesses. This kind of job Mr. JEFFORDS. Mr. President, I ask mined that the costs of the new clean loss would cause a particular problem unanimous consent that the Com- air rules should be conservatively for this Nation’s larger urban areas.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10814 CONGRESSIONAL RECORD — SENATE October 9, 1997 I worry when I hear Harry Alford, have good jobs, high wages, and good Ulrey’s mission came under fire several president of the National Black Cham- benefits, and a robust economy waiting times but succeeded in delivering eight ber of Commerce, say that ‘‘EPA’s new for them when they grow up, enter the barges carrying 2,600 tons of food. rules will create such an air of eco- work force, and start their own fami- Ulrey’s trip up the Nile was the first of nomic uncertainty that they might lies. 25 that WFP made, delivering 65,000 well be the last straw for inner-city in- The new air quality standards have tons of food. vestments.’’ In my view, Mr. Alford’s been the subject of intense scrutiny Mr. President, I am pleased to high- warning should lead us to proceed very and often acrimonious debate over the light the exploits of Russell Ulrey and cautiously. It seems to me that the course of this year. In the face of such the thousands of other relief workers burden of proof is on the EPA to dem- uncertainty, I believe it is incumbent that risk their lives daily to feed the onstrate conclusively that the costs to upon the administration to consider world’s needy. I know my Senate col- be borne, in particular by our job cre- again its plans for enacting these regu- leagues join me in honoring their ef- ating enterprises, can be borne without lations. The current implementation forts and World Food Day.∑ significant damage to those businesses process seeks to give the Nation ample and to our workers. It also seems to me time to adjust to the new standards. I f that this burden, in the case of these applaud the President for this ap- regulations, is considerable. proach: It is a step in the right direc- U.S. RELATIONS WITH TAIWAN The effects of the clean air standards, tion. However, I believe EPA’s imple- however, will not be limited to Amer- mentation plan will last only as long ∑ Mr. MURKOWSKI. Mr. President, as ica’s cities. There are a number of re- as the first lawsuit and result in the Congress prepares to leave for the Co- ports that the new regulations may bar immediate enforcement of the new lumbus Day recess, I notice that there farmers from plowing during the dry standards. are other celebrations going on around summer months for fear of stirring up If, as the President says, these new Washington, including ‘‘National Day’’ dust, that is, particulate matter. The standards are not intended to harm celebrations in Chinatown. These cele- EPA has signaled farmers that they this Nation’s economy then I urge the brations brought to mind several issues need not worry about complying with President to support the legislation of- that I wanted to share with my col- the rules, but it is the States, not EPA, fered in both the House and the Senate leagues regarding United States rela- that will have the burden of control- to codify a 5-year delay of the regula- tions with Taiwan. ling emissions and targeting their tions. This postponement will allow for As Washington prepares for the State sources. And this begs a separate ques- continued research into the cause and visit of President Jiang Zemin of the tion: Who will bear the costs if the effects of pollution and allow the 1990 People’s Republic of China, some press EPA, in order to quell likely opposi- amendments to the Clean Air Act to reports have speculated that the issue tion, keeps telling various groups that continue to clean the air and make the of Taiwan might be on the summit they needn’t worry about complying effects of any future new standards less agenda. First, let me say that I wel- with the new rules? drastic. I hope that other Members will come the visit of President Jiang. Many within the agriculture commu- join in urging the administration to High-level dialogue with the Chinese nity fear that much of these likely consider this approach. should be regular and routine, and this costs—increased energy and fuel ex- These are my concerns. I am worried summit presents an opportunity to dis- penses—will be borne by them. As one about my children’s health and want to cuss many issues of mutual concern to witness, a member of the Kansas Farm make sure we are doing everything we our two countries. But let me add that Bureau, testified, many U.S. com- can to protect it. But I am also con- improving relations with the PRC need modity prices are tied to world mar- cerned whether the new rules represent not, and indeed, should not, come at kets, so farmers will not be able to pass the best means by which we can pro- the expense of our relationship with these costs on to consumers and could tect that health.∑ Taiwan. be forced to concede some crop produc- f Therefore, I sent a letter, signed by tion to foreign competitors. Meanwhile, the manufacturing sector WORLD FOOD DAY AND RUSSELL 10 of my colleagues including Majority fears that small businessowners will ULREY Leader TRENT LOTT, Minority Leader lack the resources to pay the cost of ∑ Mr. LEVIN. Mr. President, I rise TOM DASCHLE, chairman of the Foreign expensive pollution reduction equip- today to celebrate World Food Day. Relations Committee JESSE HELMS; ment and will be unwilling or unable to World Food Day takes place on October and East Asia and the Pacific Sub- comply with still more regulations. 16 and in the words of Catherine committee Chairman CRAIG THOMAS, to Most experts acknowledge that heavy Bertini, executive Director of the U.N. President Clinton urging him to oppose industries will likely face significant World Food Program, is an opportunity any efforts at the summit by the PRC additional regulatory controls to re- to ‘‘not only rededicate ourselves to leadership to diminish American sup- port for Taiwan. duce NOx and other particulates. Small the battle against hunger and poverty business owners, however, maintain but also acknowledge that millions of Mr. President, I ask that a copy of they will shoulder a similarly heavy people have been saved from the that letter be printed in the RECORD. load because they typically lack the scourge of famine because of the com- Mr. President, I wish President Clin- technical expertise and the financial mitment of the United States and ton and his administration success at and human resources to consistently other members of the international the upcoming summit, and I urge him engage with State officials to shape the community.’’ I would also like to to respect the views of me and my col- outcome of emissions control plans. honor the many humanitarian relief leagues, which I think represents the During the hearing, two different small workers who often risk their lives to views of many Americans, that our businessowners testified that the new deliver assistance. support for Taiwan’s democracy and standards could result in a dramatic Natural disasters and civil unrest can freedom cannot be sacrificed. reduction in business expansion—or produce countless refugees with no way I also want to use this opportunity to stop it altogether—in many U.S. cities. of feeding themselves. Humanitarian express my gratitude to Secretary of These owners admitted that they were relief workers often brave grave dan- State Madeleine Albright for her ef- unlikely to go out of business as a re- gers in these situations to deliver food forts to consult more closely with sult of the NAAQS, but they noted that to the hungry. One of the many heroes Members of Congress with regard to their increased costs could be reflected who risk their lives to feed the needy issues related to Taiwan. I refer spe- in reduced hiring and the reduction, or is, Russell Ulrey, of Detroit, MI. In cifically to consultations regarding the elimination, of some employee bene- 1993, Mr. Ulrey served as emergency lo- recent selection of Richard Clarence fits. gistics coordinator in southern Sudan Bush III as Chairman of the American We are all concerned with making for the World Food Program, the larg- Institute in Taiwan [AIT]. our country a more healthy place for est international food aid organization Some of my colleagues, Senate For- our children and grandchildren to live. in the world. During his time in Sudan, eign Relations Committee Chairman The key is striking a responsible bal- Russell Ulrey led a barge trip up the JESSE HELMS, in particular, will re- ance. Not only should our children Nile to feed hungry Sudanese. This member that the consultation process have clean air, clean water, and safe dangerous trip led Ulrey through the did not work when the prior AIT Chair- food in their future, they must also heart of that nation’s bloody civil war. man, Mr. James Wood, was selected.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10815 Mr. James Wood resigned from his po- We believe the American people are united I rise today to speak briefly about our sition on January 1997 among various in their support for freedom and democracy need to continue our struggle against charges and countercharges with re- on Taiwan. Time and again, Congress has this national problem. gard to foreign contributions during made clear our commitment to Taiwan, be- Mr. President, over the past several ginning with the 1979 Taiwan Relations Act, years, the Congress, the Clinton admin- the election campaign. I leave the le- and through many resolutions and bills since gitimacy of those charges to the inves- then. istration, our State and local govern- tigators, but I simply wanted to note With your important meetings in Wash- ments, and our community-based orga- that congressional concerns regarding ington with the leadership of the People’s nizations have taken enormous steps Mr. Wood were ignored by our State Republic of China scheduled for late October, toward eradicating the scourge of do- Department. there has been much discussion about how mestic violence—a scourge that for too In response to this incident, I consid- the U.S. government would respond to pos- long had been ignored as a family prob- ered offering an amendment to the sible demands by the PRC Government re- lem outside the scope of government State Department authorization legis- garding U.S. relations with the people and responsbility. Congress’ passage of the the government of Taiwan. Violence Against Women Act [VAWA] lation that would have required estab- Mr. President, we urge you to oppose any lishing a post within the State Depart- efforts at the summit by the PRC leadership as part of the 1994 crime bill, and the ment that would be directly respon- to diminish American support for Taiwan. wide variety of enforcement and pre- sible for Taiwan Affairs. As part of ne- We urge you to reject any plans for a vention grants available under that gotiations over that amendment, I had ‘‘Fourth Communique’’ on issues related to legislation, has ensured that our Fed- the opportunity to discuss with the Taiwan; to not weaken our defensive arms eral, State, and local authorities have Secretary my dissatisfaction with the sales commitment to Taiwan; and, to not at their disposal the resources and consultation process on matters relat- make any commitment to limit future visits legal authority needed to educate our by the elected representatives of the Repub- ing to Taiwan. citizens about domestic violence, and lic of China. to prosecute those who have chosen to The Secretary promised that she We in Congress are prepared to reiterate would rectify this situation and would the commitment of the American people to engage in such reprehensible conduct. in the future consult with Congress freedom and democracy for the people and The administration’s development of prior to naming future officers of AIT. government of Taiwan. We look forward to informational initiatives, such as a She followed up on this oral promise working with you and your Administration toll-free nationwide domestic violence with a letter dated July 30, 1997, that team on these issues in the weeks ahead. hotline and a Violence Against Women states that if the Foreign Relations Sincerely, information homepage, have buttressed Frank H. Murkowcki; Trent Lott; Jay Congress’ efforts, and provided law en- Committee ‘‘expresses reservations Rockefeller; Tom Daschle; Craig Thom- about a prospective trustee, we will un- forcement officials with a direct link as; Sam Brownback; ——— ——— Jesse to those who need assistance. dertake to discuss and resolve the mat- Helms; Robert G. Torricelli; Charles ter fully with the Committee before Robb; Larry E. Craig. My State of Maryland has been at proceeding.’’ the forefront of these national efforts Mr. President, I ask that a copy of THE SECRETARY OF STATE, to combat domestic violence. With the the July 30 letter be printed in the Washington, July 30, 1997. assistance of over $400,000 in grant RECORD. Hon. FRANK MURKOWSKI, funds made available under the 1994 The Secretary held to her word and U.S. Senate. crime bill, Maryland has formulated its DEAR SENATOR MURKOWSKI: I refer to our Stop Violence Against Women plan, consulted with me and others prior to conversation of June 17, in which you under- the selection of Richard Bush. I must under which the State identifies cases scored the concern of the Foreign Relations of domestic abuse, safeguards victims, admit, Mr. President, that this was an Committee about the role of the Senate in easy case. Mr. Bush is a talented indi- monitoring our Taiwan policy and the Com- and coordinates and funds local com- vidual who is well qualified to take mittee’s specific desire that the Department munity responses to incidents of do- this sensitive position. I had the oppor- consult with the Committee before appoint- mestic violence. To implement this tunity to negotiate with Mr. Bush ing to the Board of Trustees of the American plan, the Governor’s office has estab- Institute in Taiwan (AIT) a Chairman/Man- when he was advising Congressman LEE lished a statewide Family Violence aging Director for AIT. Council, headed by Maryland’s attor- HAMILTON on Taiwan-related issues, As you know, under the bylaws of the and I found him well-spoken and hon- ney general and Lieutenant Governor, American Institute in Taiwan, the Secretary which will continue to keep this issue est. I look forward to the opportunity of State appoints and removed trustees of to continue to work with him in his the Institute. The Department continues to in the public eye and to formulate ad- new role. hold the view, expressed by Secretary Vance ditional initiatives in this area. I hope that Mr. Bush will use his new in his letter to then-Chairman Church at the The Federal authorities in Maryland position to further strengthen and en- time of AIT’s establishment in 1979, that be- have been no less vigilant in their ef- hance United States relations with the cause the Institute is not an agency or in- forts to combat domestic violence. strumentality of the Government, and be- people and the Government of Taiwan. Maryland’s U.S. attorney’s office has cause its trustees are not officers of the developed a specific training program Taiwan is our eighth largest trading United States, it would not be appropriate partner, and I am confident that trade for prosecutors on VAWA, has drafted a for the Senate to advise and consent to the VAWA manual now available to local will increase further when Taiwan appointment of trustees or officers. However, law enforcement and community joins the World Trade Organization. In let me assure you, as did Secretary Vance, groups, and is in the process of pros- addition, I encourage the administra- that the names of prospective trustees will ecuting only the second interstate tion to send high-level officials to Tai- be forwarded to the Foreign Relations Com- stalking case brought under that law. wan to further strengthen our relation- mittee. If the Committee expresses reserva- tions about a prospective trustee, we will un- In short, Federal, State, and local au- ship and to work out the occasional dertake to discuss and resolve the matter thorities in Maryland, as elsewhere, disputes that cloud our relationship. fully with the Committee before proceeding. have embarked on a cooperative effort The letters follow: This arrangement will enable the Institute designed to educate our citizens about U.S. SENATE to retain its character as a private corpora- Washington, DC, September 23, 1997. the plague of domestic violence, and to tion and assist the Senate in fulfilling its re- bring to justice those who violate our Hon. WILLIAM J. CLINTON, sponsibilities for monitoring the implemen- The President, The White House. tation of the Taiwan Relations Act and the increasingly strict laws in this area. DEAR MR. PRESIDENT: As you prepare for operation of the Institute. At the same time, Mr. President, we your summit with the President of the Peo- Sincerely, still have a long way to go before do- ple’s Republic of China, we thought it appro- MADELEINE K. ALBRIGHT.∑ mestic violence is evicted from our priate to share with you our thoughts re- f homes and communities. Last year garding U.S. relations with the people and alone, almost 4 million women were the government of Taiwan. We believe Tai- NATIONAL DOMESTIC VIOLENCE physically abused by their husbands or wan has made extraordinary progress in re- AWARENESS MONTH cent years as the Republic of China has boyfriends. Women continue to be the moved to establish a vibrant democracy with Mr. SARBANES. Mr. President, Octo- victims of domestic abuse more fre- free elections, free press, strong trade unions ber has been designated National Do- quently than they are victims of bur- and improved trading practices. mestic Violence Awareness Month, and glary, muggings, and all other physical

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10816 CONGRESSIONAL RECORD — SENATE October 9, 1997 crimes combined. The damage done by PAT BARR’S CRUSADE The editorial follows: such abuse extends directly to the ∑ Mr. LEAHY. Mr. President, October PAT BARR ISAHERO WORTH HONORING most vulnerable in our society—our is Breast Cancer Awareness Month. I You can make a difference. One local children, who are subject to abuse in 75 would like bring to the attention of the woman has shown the way. Pat Barr of percent of the cases in which their Senate a breast cancer survivor in Shaftsbury has taken her experience with mothers are subject to abuse. the disease of breast cancer and turned it Vermont who has poured herself into into a crusade for better research with im- Mr. President, I have long supported reaching out to others who are dealing efforts to stamp out domestic violence pacts from Bennington to Washington, D.C. with this devastating disease, and who And because of that personal achievement, in our communities. I once again urge has made finding a cure her lifetime the Annual Susan G. Komen Breast Cancer my colleagues to continue on the path crusade. Foundation Vermont Race for the Cure was on which we embarked in 1994, and to Pat Barr of Bennington, VT, is a true dedicated this year to Barr. The Sunday race ensure continued full funding for is designed to raise funds for breast cancer example of one person being able to research, with 75 percent of the money stay- VAWA in future years. I also urge my make a difference. colleagues on the Appropriations Com- ing in Vermont. It was a visit in early 1992 from Pat Barr’s own experience with breast cancer mittee to preserve the $10 million pro- and several other Vermont women— began in 1987, when she was diagnosed. It has vided for community police to combat grassroots organizers and survivors of reoccurred since then, but despite that Barr domestic violence in this year’s Com- breast cancer—that led to my long in- has not turned from her decade of tireless merce, State, Justice Appropriations work. volvement in working with others to Barr founded the Breast Cancer Network, a bill. This money, expressly authorized address the urgent need for more inten- under the 1994 crime law, is essential if Vermont advocacy and service organization sive research on breast cancer, which based in Bennington and also serving New we are to address the domestic violence has taken the lives of more than 1 mil- York and Massachusetts. The network helps problem at its local, root level. lion women over the past 35 years. area women get tests, information and serv- While October is National Domestic Soon after that visit I was joined by ices. Violence Awareness Month, no month several Members of Congress in start- She joined Vermont’s U.S. Sen. Patrick should go by without our attention to Leahy and U.S. Rep. Bernard Sanders in de- ing a congressional campaign to help this issue. Domestic violence is di- veloping the National Cancer Registry. She eradicate breast cancer. We began by rectly contrary to the community and worked with Leahy in his fight to secure an introducing a resolution urging the family values we hold most dear, and additional $300 million toward breast cancer Secretary of Health and Human Serv- research in 1992. its eradication should continue to be ices to declare breast cancer a public Her efforts eventually took her to Wash- one of our most pressing national pri- health emergency. The resolution ington with 2.6 million signatures to con- orities. vince President Clinton to approve a na- raised public awareness about breast f tional action plan to fight breast cancer. cancer and sent a strong message that Barr, a mother, attorney and business- IN RECOGNITION OF THE 41ST AN- we needed to accelerate the investiga- woman, has also been active in the Vermont NIVERSARY OF THE HUNGARIAN tion into the causes, treatments, and Civil Liberties Union and the Vermont Bar REVOLUTION prevention of this illness. Association and was a member of the State Pat Barr’s support, energy, and de- Board of Education. ∑ Mr. ABRAHAM. Mr. President, today Barr has kept her faith—she is a member I rise in honor of the 41st anniversary termination to make a difference has of the Congregation Beth El in Bennington of the Hungarian Revolution. On Octo- immeasurably helped me in efforts to and was instrumental in its resurgence. ber 19, the Hungarian-American com- elevate breast cancer research as a She is a role model and a credit to this munity will commemorate that fall Federal priority, including in the an- community. nual Department of Defense budget, Barr is a local hero who cannot be honored day in 1956 when Hungarians attempted enough for her work for Vermont women.∑ to throw off the shackles of oppression where we have been able to allocate f and gain freedom. $737.5 million for breast cancer re- In an era of Soviet domination, the search over the past 6 years. THE TENNESSEE VALLEY brave citizens of Hungary rose against She also worked closely with Con- AUTHORITY MODERNIZATION ACT the Communist regime. Although the gressman SANDERS and with me in en- ∑ Mr. FRIST. Mr. President, when the revolution was unsuccessful, it set a visioning and crafting a new tool in the Tennessee Valley Authority formed in precedent that the Hungarian people struggle to find a cure for all cancers: 1933, the region suffered under the wanted freedom. It was not until some the National Program for Cancer Reg- weight of economic despair and the un- 30 years later, with the reforms of the istries. Cancer registries serve as a forgiving forces of nature. The great late 1980’s, that Hungary greatly in- foundation for a national, comprehen- Depression and rural isolation served creased freedom. The most dramatic sive prevention strategy. They monitor to keep much of the valley’s population example occurred in May 1989 when the trends in the incidence of breast can- in poverty and without some of the border between Austria and Hungary cers and other cancers and in mortality basic tools to sustain even a marginal was opened. Thousands streamed rates, as well as offering a source for existence. The mighty Tennessee River across and spontaneous celebrations population-based epidemiologic re- and its tributaries, which have sus- broke out on both sides of the border as search at NIH and other research insti- tained life and commerce along their Hungarians displayed their freedom to tutions. banks since prehistory, wreaked havoc the world. For a decade, Pat has tirelessly vol- on life and property as the unpredict- A few years ago on a fall day in No- unteered her time and energy to this able and uncontrollable floods rushed vember, the entire world watched the effort. Pat is the founder of the Breast from the slopes of the southern Appa- most imposing symbol of the cold war Cancer Network of Vermont. She has lachians and Cumberland Plateau. tumble down. The Berlin Wall had been been a board member of the National Flooding and poor farming practices torn asunder. Had those individuals so Breast Cancer Coalition since its incep- were of nearly epidemic proportions as many years ago not stood against the tion in 1991. She has served as a con- loss of topsoil and low crop yields tanks that rumbled through the streets sumer advocate on panels at the Na- reached catastrophic levels. Access to of Budapest, the momentous occasion tional Cancer Institute, the Centers for electricity was both expensive and lim- in Berlin might not have occurred. Disease Control, and the Army Breast ited to only a few metropolitan areas, Their bravery proved that freedom can- Cancer Research Program. thus serving to even further widen the not be suppressed. Earlier this year, Vermonters hon- gap between the Tennessee Valley and I am proud of the Hungarian-Amer- ored Pat by dedicating the annual the rest of the country as the already ican community’s continual efforts to Vermont Race for the Cure in her hamstrung national economy passed foster relationships of goodwill. These honor. the region by. efforts will go far in enhancing and A recent editorial in the Bennington President Roosevelt designed the promoting the community’s image and Banner said it best: ‘‘Pat Barr is a hero Tennessee Valley Authority as a understanding throughout the United worth honoring.’’ unique Federal agency whose mission States and beyond. We can all be proud I ask that the text of the editorial be was defined by providing a range of es- of these efforts.∑ printed in the RECORD. sential services to the entire region

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10817 rather than fulfilling a single, specific the plants rose dramatically and the the type of decisions and missteps that function nationwide. TVA undertook regulatory bar moved ever higher. TVA have saddled TVA with more than $27 many duties that other Federal agen- continued to go further into debt, and billion in debt over the years. cies were actively pursuing in other today its liability now exceeds a truly Once enacted, the bill would take ef- parts of the country, just as it does staggering $27 billion. fect on May 18, 1999—exactly 66 years today, but TVA also undertook serv- TVA’s benevolent role in the life of after the original TVA Act took effect. ices which addressed the economic and the region has also come into question. Current board members whose terms natural problems unique to the Ten- Decisions and behavior that many Ten- don’t expire until after 1999 may re- nessee River watershed. TVA’s charter nesseans are now viewing as simply an main on the board as part-time mem- was very broad and designed to give extension of a grossly overgrown Fed- bers, along with the President’s seven the agency leeway to address the re- eral bureaucracy in general, and a be- new appointees. Part-time board mem- gion’s interrelated needs of flood con- trayal of the original benevolent mis- bers will receive an annual stipend and trol, improved farming methods and sion envisioned for TVA in the forma- per diem pay for their services, the conservation, rural electrification, and tive act, served to end an era of trust total of which will not exceed $35,000 economic development as a single co- between ratepayers and TVA. More per year. And instead of having a Presi- ordinating and executing body. worrisome, though, is that the errors dentially designated chairman of the TVA undertook ambitious conserva- in strategy and judgment have put the board, members will elect their chair- tion, economic development, flood con- health, liability, and even the exist- man. trol, and electrification projects. The ence of TVA in jeopardy. TVA has experienced enormous Tennessee River was tamed and became At its root, I believe, is the fact that growth over the years, from a Depres- more readily navigable; topsoil loss TVA was allowed to fundamentally sion-era conservation and public works and declining agricultural productivity change its mission and to begin oper- program to a multibillion-dollar elec- had been stopped or even reversed; iso- ating as a self-financing electric utility tric utility. It’s time we give TVA and lated families received electricity in without the necessary structural ratepayers in the valley a management their homes and workplaces; and the changes. While TVA power grew rap- structure that’s more responsive and economy was expanding. By the 1950’s idly as consequence, it still maintained stable and that can help this important the Nation’s economy was strong and the management and corporate struc- agency face the upcoming dramatic growing, and the economic gap between ture of its original Depression-era mis- changes in the electric utilities indus- the Tennessee Valley region and the sion of conservation, flood control, try as effectively and efficiently as Nation as a whole was narrowing. By navigation, and economic development. possible.∑ the 1980’s, that gap no longer existed. Yesterday, I introduced legislation to f In a region that boasted a strong address those problems, and to make independent tradition and a general changes in the decisionmaking body of EXPLANATION OF VOTES ON THE skepticism about the benefits of the TVA that will more closely reflect its AGRICULTURE APPROPRIATIONS Federal Government, the TVA had be- needs and the demands of the rate- BILL come viewed as more than just a benev- payers and taxpayers. These are ∑ Mr. ABRAHAM. Mr. President, I rise olent hand providing economic oppor- changes which, in truth, should have today to explain my final vote on the tunity and security to the depressed re- been incorporated into the TVA Act fiscal year 1998 appropriations bill. The gion, it became an integral part of the the day TVA became a self-financing last amendment to this legislation was region’s identity. In the minds of Ten- corporation in 1959. a second attempt by Senator HARKIN to nesseans, TVA was credited with bring- Under my TVA Modernization Act, fully fund FDA efforts to prevent un- ing the region out of poverty, depres- the board of directors will grow from derage smoking. Specifically, the sion, and existence at the mercy of na- three full-time members to nine part- amendment sought to fully fund a pro- ture. time members, and each member must gram which was established to punish Since its inception, TVA’s mission have corporate management or a establishments that sell tobacco to in- has evolved, and the organization strong strategic decisionmaking back- dividuals under 18 years of age. today is very different than in 1933. In ground. My bill also shortens the mem- I support efforts to curb underage 1959 the TVA Act was amended to fully bers’ terms from the current 9 years to smoking. Unfortunately, I was forced separate the U.S. Treasury from the staggered 5-year terms. to vote against Senator HARKIN’s first rapidly expanding TVA power program, The expanded board would establish attempt to fund this program because which had seen an initial round of long-range goals and policies for TVA, the amendment’s offset would have im- growth associated with the national se- as well as approve the annual budget posed a new, $34 million tax. The ma- curity activities in Oak Ridge during and conduct public hearings on policies jority of Senators shared my concerns the Second World War, but had contin- that have a major effect on ratepayers and the amendment failed by a 52 to 48 ued to expand its size and revenues for in the valley. The board will also deter- margin. In recognition of that short- regional industrial and residential con- mine electricity rates and ensure that fall, the amendment which Senator sumption. TVA power would no longer independent audits of the corporation’s Harkin reintroduced identified a new, rely on the support of taxpayers na- management are conducted. noncontroversial offset from a minor tionwide, but was thereafter dependent But unlike the current board, the ex- USDA program. In light of this new on the ratepayers and lenders to pro- panded board will not be involved in funding source, I was pleased to vote in vide all operation expenses. TVA’s the day-to-day management of TVA. support of the Harkin amendment. The power program far eclipsed the other Instead, it will appoint an independent motion to table the Harkin amendment original missions of conservation, flood chief executive officer to manage the subsequently failed by a 28 to 70 mar- control, and navigation from which had corporation—much like businesses of gin and the amendment was agreed to. been separated. Today, TVA is one of its size throughout the country have It is my hope, Mr. President, that the the largest electric utilities in the done for decades. conferees can move quickly to resolve world, with a revenue stream in excess While the President will retain the the differences between the House and of $5 billion per year. sole authority to appoint new board Senate bills and allow us to vote on the That’s an impressive growth, but it members, my bill will ensure that can- conference report in the coming didn’t come without associated prob- didates have the business background weeks.∑ lems—some of them very serious. In necessary to take this $6 billion cor- f the 1960’s and 1970’s, TVA began an am- poration into the 21st century and a bitious nuclear powerplant construc- new era of deregulation. By requiring SOJOURNER TRUTH tion program, borrowing heavily from that no more than five members come ∑ Mr. LEVIN. Mr. President, I rise public and private sources. Like other from a single party affiliation, it will today to honor Sojourner Truth, a utilities that invested in nuclear also help ensure that the board never leader in the abolitionist movement power, TVA overextended itself badly becomes politicized. Together with an and a ground breaking speaker on be- as the costs of construction and fueling independent CEO, we can help avoid half of equality for women. The 200th

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10818 CONGRESSIONAL RECORD — SENATE October 9, 1997 anniversary of Sojourner Truth’s birth And Ain’t I a Woman? States share this heightened commit- is being celebrated this year through- Look at me! Look at my arm! I have ment to collecting support. That is out the United States. ploughed, and planted, and gathered into why my child support provisions in the Sojourner Truth was born Isabella barns, and no man could head me! Welfare Reform Act required the Sec- And Ain’t I a Woman? Baumfree in 1797 in Ulster County, NY I could work as much and eat as much as retary of HHS, in consultation with the and served as a slave under several dif- a man—when I could get it—and bear the States, to develop a new formula for ferent masters. She bore four children lash as well! State incentive payments that is based who survived infancy, and all except And Ain’t I a Woman? on performance, in order to further im- one daughter were sold into slavery. I have borne five children and seen most prove State collections, and to report Baumfree became a freed slave in 1828 all sold off to slavery, and when I cried out back to Congress on the subject. The when New York State outlawed slav- with a mother’s grief, none but Jesus heard bill that Senator ROCKEFELLER and I me. introduce today is based on that re- ery. She remained in New York and in- And Ain’t I a Woman? stituted successful legal proceedings to Then they talk about this thing in the port. secure the return of her son, Peter, who head; what’s this they call it? (member of Under current law, the Federal Gov- had been illegally sold to a slave-owner the audience whispers ‘‘intellect’’) That’s it, ernment provides States with an extra from Alabama. honey. incentive payment in order to increase In 1843, Baumfree, in response to a What’s that got to do with women’s right child support collections. The current perceived command from God, changed or negroes’ rights? If my cup won’t hold but formula for incentive payments is her name to Sojourner Truth and dedi- a pint, and your holds a quart, wouldn’t you based on the cost-effectiveness of a cated her life to traveling and lec- be mean not to let me have my little half State’s child support collection pro- measure full? turing. She began her migration west Then that little man in black there, he gram—the collection-to-cost ratio— in 1850, where she shared the stage with says women can’t have as much rights as meaning that States are rewarded for other abolitionist leaders such as Fred- men, cause Christ wasn’t a women? bringing in more dollars for each dollar erick Douglass. In October 1856, Truth Where did your Christ come from? Where they invest in the program. Incentive came to Battle Creek, MI, with Quaker did your Christ come from? From God and a payments start at 6 percent of collec- leader Henry Willis to speak at a woman! Man had nothing to do with Him. tions, and rise as high as 10 percent for Friends of Human Progress meeting. If the first woman God ever made was the most cost-effective States. In fiscal strong enough to turn the world upside down year 1995, Federal incentive payments She eventually bought a house and set- all alone, these women together ought to be tled in the area. Her antislavery, wom- able to turn it back, and get it right side up to States were $400 million, nearly 33 en’s rights, and temperance arguments again! And now they is asking to do it, the percent of the gross Federal share of brought Battle Creek both regional and men better let them. child support collections. national recognition. Sojourner Truth Obliged to you for hearing me, and now old Mr. President, the current system died at her home in Battle Creek, No- Sojourner ain’t got nothing more to say.∑ does not make sense in that every vember 26, 1883, having lived quite an f State, no matter how dismal its record in collecting child support, receives a extraordinary life. CHILD SUPPORT INCENTIVE BILL Sojourner Truth was a powerful voice minimum incentive payment. This per- in the women’s suffrage movement, ∑ Ms. SNOWE. Mr. President, I am ex- petuates mediocrity and does not serve playing a pivotal role in ensuring the tremely pleased to join my colleague, children. Instead, States should be re- right of all women to vote. She was a Senator ROCKEFELLER, in introducing warded on the basis of performance political activist who personally con- the Child Support Performance Im- outcomes that will help children, such versed with President Abraham Lin- provement Act of 1997. This bill estab- as establishing paternity and support coln on behalf of freed, unemployed lishes a new formula for State child orders quickly, obtaining medical sup- slaves, and campaigned for Ulysses S. support incentive payments, in order port, and collecting support on a reg- Grant in the Presidential election in to reward those States which truly ular basis so families can rely on it. 1868. Sojourner was a woman of great excel at collecting child support. Over The Child Support Performance Im- passion and determination who was the years, Senator ROCKEFELLER has provement Act establishes a formula spiritually motivated to preach and shown an extraordinary commitment which takes into account performance- teach in ways that have had a profound to children and families across Amer- based measures and standards in five and lasting imprint on American his- ica, and his leadership on this bill rep- areas: establishing of paternity; estab- tory. resents more of the same. lishing child support orders; collecting In 1851, Sojourner delivered her fa- Mr. President, States need to crack currently-owed support; cost-effective- mous ‘‘Ain’t I a Woman?’’ speech at the down on deadbeat parents who renege ness; and collection of past-due sup- Women’s Convention in Akron, OH. on their financial responsibilities to port. The first three measures receive She spoke from her heart about the their children. While noncustodial par- the most weight in the formula because most troubling issues of her time. Her ents owed $47 billion in child support in they translate most directly into sup- words on that day in Ohio are a testa- 1995, States collected only $14 billion. port that helps keep families finan- ment to Sojourner Truth’s convictions Collections increased to approximately cially self-sufficient. Giving them more and are a part of the great legacy she $16 billion in 1996, and are likely to fur- weight will help concentrate State ef- left for us all. ther increase as the result of tough forts where they matter most. Mr. President, I ask that the text of new child support reforms which I au- Under our bill, States would only the Sojourner Truth ‘‘Ain’t I a thored and which were contained in the qualify for incentive payments if they Woman’’ speech be printed in the Welfare Reform Act. meet threshold performance require- RECORD. States performance in collecting ments in these five areas. States that The speech is as follows: child support varies tremendously. For perform below the threshold level can AIN’T I A WOMAN example, Maine has worked very hard qualify for minimum incentive pay- (By Sojourner Truth) to successfully improve its child sup- ments only if they significantly im- Well, children, where there is so much port collections. While Maine has col- prove their performance compared to racket there must be something out of kil- lected over $580 million since 1975, half performance in a prior year. The bill ter. I think that ’twixt the negroes of the of that amount—$286 million—was col- also requires the Secretary of HHS to South and the women at the North, all talk- lected within the past 5 years. Last establish standards for collecting med- ing about rights, the white men will be in a year alone, Maine collected almost $72 ical support to be implemented later, fix pretty soon. But what’s all this here talk- million, representing a 10-percent in- to ensure that children of divorced par- ing about? crease over the previous year. This ents have health insurance. Finally, That man over there says women need to considerable improvement is due to the bill requires States, for the first be helped into carriages, and lifted over ditches and to have the best place every- comprehensive State reforms pioneered time, to reinvest their incentive pay- where. Nobody ever helps me into carriages, under Governor John McKernan in 1993, ments back into the child support sys- or over mud puddles, or gets me any best and Federal child support reforms con- tem, so they can further improve col- place! tained in the Welfare Act. But not all lections and better serve children.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10819 Mr. President, this bill will signifi- concludes American children are be- B’nai B’rith is awarding its highest cantly help families to obtain the child hind other nations of the world in sub- honor, the Great American Traditions support owed to them so they can re- jects such as math and science. Often, Award, to Peter Karmanos for ‘‘. . . his main financially self-sufficient. I urge when concern is expressed with such concern for the sick, for his under- my colleagues to support this impor- findings a more basic issue is over- standing of the abused, and for the tant legislation.∑ looked: literacy. quiet, unassuming way he provides for f From the youngest schoolchild to the others.’’ most senior adult, I believe everyone Peter Karmanos is a name with SENATOR WILLIAM B. SPONG, JR. should be able to read and write. Be- which many people around the Nation ∑ Mr. HOLLINGS. Mr. President, Bill sides serving as the foundation of edu- are familiar. Some know him because Spong and I go back a long way. We cation, reading provides new opportu- he is the chairman, CEO, and cofounder were the only Democrats elected to the nities and expands horizons. Through of Compuware Corp., which is one of Senate in 1966. Back then, new Sen- reading, an individual can visit exotic the largest independent software ven- ators were expected to be seen and not lands, travel in time, participate in dors in the world. Peter helped to make heard. Bill and I were dutiful—we took fantastic adventures, and learn of a small startup company into Michi- the last two seats on the back row of events happening in both their home- gan’s fifth largest exporter, a company the Democratic side of the Senate floor town and around the globe. Reading al- with more than 7,000 employees world- and swapped afternoons and evenings lows a person to soar, with only their wide. Peter has striven to make presiding as Speaker Pro Tempore. In imagination to limit them. As the fa- Compuware a healthy and friendly those days they gave Golden Gavels to ther of three young children, one of my place to work, providing a company- members who presided over the Senate favorite activities is reading a story to subsidized cafeteria, day-care center, for more than 100 hours; Bill and I each my children, or as the older ones now and wellness center, as well as received one. do, read the story to me. Helping a racquetball and basketball courts at its Bill Spong was one of the quietest child learn to read is one of the most world headquarters in Farmington and most thoughtful men ever to serve pleasurable activities I know. Hills, MI. in the Senate. He brought his consider- Ensuring America’s children are lit- Others know of Peter Karmanos be- able experience in law and banking to erate is one of the most important cause he co-owns the Carolina Hurri- bear on every issue before the Senate goals this Nation should have. Rather canes of the National Hockey League and carefully analyzed each piece of than involving the heavy hand of the and the Plymouth Whalers of the On- legislation on which he voted. He set Federal Government, I believe local tario Hockey League. Peter’s passion an example of what a Senator in a de- governments are in the best position to for hockey has led him to sponsor liberative democracy should be. accomplish this goal. But, I also think youth hockey teams, which have given The Senate was a different place the Federal Government has a role in countless young people the opportunity then. Republicans and Democrats helping to eradicate illiteracy from to play the sport Peter loves so much. Peter Karmanos has earned a reputa- worked closely together in a collegial among the Nation’s youth. For this tion as an outstanding leader in his in- atmosphere. Though they differed on reason, Congress has allocated $260 mil- dustry and in the world of sports. But many issues, a majority of Senators lion to the Department of Education to he is perhaps most remarkable for the from both parties came together to disburse to the states for carrying out a child literacy initiative beginning in extraordinary support he has given to produce legislation for the good of the October 1998. efforts to make his community a Nation. Now the Members of the two I strongly believe every child in healthier and safer place. In 1995, Peter parties meet only to ambush one an- America should be literate. However, made the single largest contribution in other. In today’s climate of partisan we cannot and must not concern our- Michigan history to fight cancer, do- warfare, it is hard to find anyone who selves solely with the young. It is a sad nating $15 million to establish the Bar- can match Bill Spong’s civility. fact that many adults across the coun- bara Ann Karmanos Cancer Institute, Senator Spong made many friends for try do not possess the ability to read in honor of his first wife. The institute Virginia in his 6 years of service. He and write. While some individuals have integrated the efforts of the major can- was an outstanding and committed rep- rudimentary skills, many cannot read cer-fighting organizations in Detroit— resentative of the people of his state. well enough to fill out a job applica- the Michigan Cancer Foundation, the His election loss in 1972 deprived Vir- tion. Without these needed skills, ad- Meyer L. Prentis Comprehensive Can- ginia and the United States of an able vancement in the workplace is almost cer Center, the Detroit Medical Center, and promising Senator. Undoubtedly, impossible. Fortunately, Congress is and Wayne State University. Peter and Senator Spong would have won reelec- taking strong steps toward remedying his wife, Debra, have involved tion and served for many more years this problem. Presently, Federal adult Compuware in the nationwide cancer had the public confusion and division literacy programs have been funded at research fundraiser ‘‘A Race for the caused by Vietnam and his seat on the over $350 million. Given to States in Cure.’’ Debra and Peter also cochaired Foreign Relations Committee not the form of grants, these funds help the first ever major fundraiser for placed him in an untenable position. provide community-based agencies HAVEN, a shelter for abused women. After leaving the Senate, he served with the money necessary to reduce Mr. President, Peter Karmanos truly with great distinction as a noted medi- and hopefully eliminate illiteracy. exemplifies the spirit of the B’nai ator and as Dean of the School of Law In recognition of the efforts to edu- B’rith Great American Traditions at William and Mary. In these capac- cate both children and adults, I join in Award. His corporate citizenship and ities, he continued to serve his commu- honoring those individuals who dedi- dedication to improving the lives of nity. cate themselves to this noble pursuit. I others are truly an inspiration. I hope Bill Spong’s death yesterday shocked am pleased to have this opportunity to my colleagues will join with me in of- and saddened us all. It deprives us of a express my appreciation for their hard fering congratulations and best wishes much-needed model of dedication, serv- work, and encourage my colleagues to to Peter Karmanos on this important ice, and leadership. Let us all hope that demonstrate their support of National occasion.∑ his great qualities will find their incar- Literacy Month.∑ f nation in future servants of the public f good.∑ WELFARE TO WORK PETER KARMANOS, JR. f ∑ Mr. ABRAHAM. Mr. President, I rise ∑ Mr. LEVIN. Mr. President, I rise today to congratulate Ottawa County, NATIONAL LITERACY MONTH today to recognize the achievements of MI, for moving all, by which I mean a ∑ Mr. ABRAHAM. Mr. President, I rise Mr. Peter Karmanos, Jr., Peter who is full 100 percent, of its welfare recipi- to comment on an issue which concerns being honored on November 4, 1997, by ents to work. As in so many other my home State of Michigan and the en- the Detroit B’nai B’rith Foundation things, Ottawa County should be an in- tire country. It seems as though every with the 1997 Great American Tradi- spiration to us all as we seek funda- year another study is published which tions Award. mental welfare reform that will end

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10820 CONGRESSIONAL RECORD — SENATE October 9, 1997 dependence on government by putting training and help in job placement in caring for her children. Ginny people in real jobs with real futures. skills. The county has engaged in a Weerstra, a parishioner at Hardewyk, When we debated welfare reform in truly comprehensive effort to help peo- put a call in to the temporary employ- this Chamber, there were those who ple become self-supporting. ment service at which Miss Garcia had said that returning greater welfare pol- The State of Michigan also deserves worked and asked that she be given a icy control to our States and localities credit for this accomplishment. second chance. Now that she had peo- would produce only hardship and fail- Through its Project Zero, Michigan has ple behind her, willing to sit for her ure. The naysayers claimed that spent more than $5 million in Ottawa children when necessary, Miss Garcia healthy people on welfare could not or County to provide transportation, men- was rehired, and has been working full would not take jobs—or that jobs could toring, and day-care services to help time since September. The church also not be found for them. The naysayers welfare recipients get and keep jobs. lent Miss Garcia $2,000—since paid claimed that America’s local commu- But this is not just a handout. Those back—for bad debts, and sent a parish- nities lacked the resources and the who refuse to comply with work re- ioner who is an auto mechanic to help compassion to meet the challenge of quirements have their welfare checks her buy a used car. Parishioners even helping welfare recipients end their de- cut by 25 percent, and face the prospect helped Miss Garcia find an affordable pendence on government and work of losing aid altogether if they do not home. their way into decent jobs and an inde- find work in 3 months. And these are not isolated incidents, pendent life. Mr. President, this policy has Mr. President. Literally hundreds of The naysayers claimed it would be worked. It has gotten people off welfare residents of Ottawa County have been cruel to impose work requirements and and into jobs. It has changed lives. Par- helped off welfare by a community limit benefits because this would sim- ticularly effective has been Ottawa committed to helping them rebuild ply hurt the self-esteem of recipients County’s decision to look to local their lives. A community that has been and take food out of the mouths of churches for help. For example, a cover freed to call on its churches, to imple- their children. Compassion, they story in USA Today reports on Maria ment innovative day care, transpor- claimed, dictated the status quo. Gonzalez. Miss Gonzalez went through tation, and job training and placement Well, Mr. President, Ottawa County a painful divorce, two out-of-wedlock programs by our welfare reform legis- has proved the naysayers wrong. The births, a breakdown, and homelessness, lation. A community that knows that good people of Holland and surrounding all before she reached the age of 27. neighbors can do far more to help peo- communities in Ottawa County have Then, according to the newspaper, she ple in need than a simple check from shown what real compassion can do. ‘‘found salvation . . . Through an in- the government. Real compassion—compassion aimed at creasingly common government ally: The close-knit relationships fostered helping people rebuild productive, inde- the church.’’ in communities like Holland, Mr. pendent lives—works. It has worked in Miss Gonzalez receives assistance President, are helping welfare recipi- Ottawa County and it can work from the State. State programs helped ents find their way to a better life—to throughout our country if we will give her find work and continue to give aid stable jobs, stable homes, and the sta- our States and local communities the in the form of day care and transpor- ble habits needed to keep both to- freedom they need to put their compas- tation to and from work. But, as a gether. State-fostered training centers sion in action. struggling, working mother of four, she can provide job skills, but it takes a Welfare numbers fluctuate and new has emotional needs as well. That is more personal relationship to spur the applications are filed all the time, but why Ottawa County paired her with drive to pull one’s life together in the Ottawa County last month reached the Jan Tuls, a mentor from Calvary Chris- way needed to lead a good, settled life. point where none of its residents was tian Reformed Church. Miss Gonzalez It is my hope, Mr. President, that receiving a welfare check without continues to attend her own Pente- other States will follow Michigan’s ex- earning some income. How did Ottawa costal Church—no one has tried to ample in sponsoring programs like County accomplish this? By expecting change her faith. But the guidance she Project Zero. The result would be a more of people. By instituting work re- has received from Jan Tuls makes her more stable and prosperous America. It quirements. By doing everything nec- believe that Miss Tuls is ‘‘more of a is my hope that we will protect and ex- essary to make work available for wel- mom to me than my own.’’ pand our welfare reforms so that Ot- fare recipients. And by tapping into the Or take the case of Sylvia Ornelas. tawa County can become an example vast reservoir of skill and good will Mrs. Ornelas moved herself and her followed by communities all over the available in our faith-based charities. four children to Holland 6 months ago, country. Ottawa County is in a particularly in the midst of severe marital difficul- Already today, Ottawa is not the good position from which to deal with ties. As a front page story in the Wash- only site involved in Project Zero. Five welfare issues. Its Dutch and German ington Post tells the story, Mrs. other sites—Alpena, Menominee, and communities are, in the words of one Ornelas went to the local welfare of- Midland Counties and Romulus and USA Today reporter ‘‘infused with con- fice. But instead of simply a check, Tireman in Wayne County all have par- servative values and a strong work Holland gave her a community of ticipated in Project Zero. And all have ethic.’’ They have produced a thriving friends and mentors. seen significant progress in getting economy with a low unemployment Neighbors took her children shopping for people off of welfare and into good jobs. rate. They also have opened their arms school clothes. Executives for a local manu- Since the program began in July 1996, to recent immigrants, including a sig- facturer helped her find work. Bob and Mary Mr. President, target cases without in- nificant number of Asians and His- Ann Baker bought her a used car to get come have declined by 62 percent. That panics, and have set about, in a deter- around. Ginny Weerstra helped her find an is, people receiving cash assistance who apartment. Parishioners at Hardewyk Re- mined manner, to give welfare recipi- formed Christian Church took up a collec- are not exempt, for example for health ents a chance to work. The rare com- tion to get her phone installed, and when her reasons, have been targeted to obtain bination of hard work and generosity husband reentered her life, Pastor Andrew paying jobs, and 62 percent of them we in Michigan have come to expect of Gorter provided the couple with marital have. the people of Ottawa County once counselling. This is the kind of progress we need, again has produced great results. Or take Gloria Garcia. This 27-year Mr. President, to repair the damage County officials have contracted to old mother of five young children was done to our local communities by too expand subsidized day care for working homeless and jobless when her case- many years of government programs and job-seeking mothers. The county worker asked if she would like to be that fed the bodies but starved the also hired a firm to provide 24-hour coupled with mentors from one of the souls of struggling Americans. Tough shuttle buses to take welfare recipients area churches. Miss Garcia agreed, and love—work requirements combined to work. And they hired Kan Du Indus- parishioners at Hardewyk Christian with a determined effort to make work tries, a local picture-frame manufac- Reformed Church stepped in to help. possible—can help thousands upon turer that also runs vocational pro- Miss Garcia had lost her job because thousands of Americans as they seek a grams for the disabled, to provide she had missed too many days of work better life. I hope we all will learn from

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10821 the excellent example provided by Ot- more concerted effort is not made to through the World Food Program tawa County. The care and generosity address the outrageous abuses these [WFP]. The WFP is the largest inter- of her people, the grounding of daily children face, Uganda and the rest of national food aid organization in the life in faith, and traditional values the international community will be world. Last year, 45 million people in 84 that are so much a part of this wonder- contending with the consequences far countries benefited from the 2.2 million ful county should inspire us all to in the future.∑ tons of food distributed by the WFP. greater efforts. f The southern part of Sudan is an ex- The naysayers are being proved ample of a region where the WFP helps TRIBUTE TO VERMONT wrong every day. Americans can and alleviate the suffering and illnesses EDUCATIONAL TELEVISION will help one another if only the Fed- caused by hunger. The situation in the eral Government will give back the ∑ Mr. JEFFORDS. Mr. President, I rise Sudan is extremely desperate and freedom they need to do so.∑ today to pay tribute to Vermont Edu- countless children have died due to cational Television, or Vermont ETV f starvation. as it is known, on the occasion of its One person who deserves special men- CHILD SOLDIERS 30th anniversary. The station, which is tion is Charisse Tillman of Culver City, ∑ Mr. LEAHY. Mr. President, I would a member of the Public Broadcasting CA. She is an assessment coordinator like to bring to the attention of the Service, will begin to celebrate its long for the WFP in Sudan. When a village Senate a profoundly disturbing report track record of success in October. A or a community is targeted by the issued by Human Rights Watch on July series of brief clips will be shown WFP for assistance, Ms. Tillman is one 18 about the abduction of children by a throughout the year to take a look of the first to arrive on the scene. She heavily armed Ugandan rebel group back at some of the more memorable determines how much food is needed by called the Lord’s Resistance Army. moments in its programming. the community and much it can actu- While the precise number of children Vermont ETV understands that ally produce. This is extremely impor- abducted by the Lord’s Resistance learning is a lifelong process. Through tant so that WFP does not in any way Army is unknown, estimates indicate community support, this station is discourage local agricultural produc- that over the past 2 years, 3 to 5 thou- able to provide exceptional program- tion. sand children have escaped from the ming 24 hours a day with something for The World Food Program is home to rebel group. It is reported that an every age group. Some of my favorite many dedicated people like Charisse equal number of abducted children re- shows are produced locally by Vermont Tillman. I hope my colleagues will join main in captivity and an unknown ETV, presenting a unique perspective me in honoring her and all the unself- number have died. for issues and events important to peo- ish humanitarians at the WFP.∑ ple in the region. The station’s impec- According to Human Rights Watch, f abduction is only the beginning of the cable selection of shows provides both extreme violence and degradation faced an entertainment and educational CELEBRATING HISPANIC by these children. Often as young as 8 value for all Vermonters. HERITAGE MONTH years old, the children are tortured, Of noteworthy importance is their ef- ∑ Mr. DODD. Mr. President, America’s raped, and sometimes killed by mem- forts to address the needs of pre-school greatest asset is its people, and what bers of the Lord’s Resistance Army. children through the Ready To Learn makes the American population unlike They are forced to take part in combat, and Early Education Initiative. In any other country’s is our diversity. No close cooperation with the Corporation serving as front line forces in battles other nation draws strength from so for Public Broadcasting as well as the against the Ugandan Army and the many different cultures, and the Amer- Department of Education, these pro- rebel Sudan People’s Liberation Army. ican population is a mosaic of the grams are designed to assist children The children also tell of being made to world’s many nationalities. Through and prepare them for the challenges beat and kill fellow captives who have time, the traditions from these many they will face in school. Vermont ETV been apprehended in their efforts to es- nations have become part of our own is dedicated to providing children, from cape. The physical and emotional trau- society, enriching our national culture. a wide array of backgrounds, with the ma resulting from such experiences can But our Nation would not be nearly as opportunity to start off on equal cause lifelong problems to those chil- strong without the contributions of ground. dren that do survive. Vermont ETV is one of the finest ex- Americans who are of Hispanic descent. The abduction of children for mili- amples of a successful community In recognition of these contributions, tary purposes not only violates the partnership, with almost 78% of its our Nation is currently celebrating provisions of common article 3 of the budget financed through donations Hispanic Heritage Month. Geneva conventions of 1949, inter- from the public. I believe that Vermont Hispanic Heritage Month provides a national standards established by pro- ETV sets the standard similar stations wonderful opportunity for us to honor tocol II to the Geneva conventions of in other States should strive to emu- the diverse achievements and contribu- 1949, and the Convention of the Rights late. That is why I have been an active tions of Hispanics in this country. I of the Child, it violates the most basic supporter for over 20 years. I would know that in my home State of Con- principles of human morality. like to extend my congratulations and necticut there have been parades and It is reported that the camps estab- best wishes to Vermont ETV, its em- dances to mark this occasion, as well lished by the Ugandan Government to ployees as well as its supporters, for as readings of works by Hispanic au- contend with displaced children and many more years of continued suc- thors at public libraries. All of these their families are extremely inad- cess.∑ events give Hispanic-Americans a deep- equate. Crowded conditions and a lack er appreciation for their roots, and f of food and sanitation facilities have make all Americans more aware of the resulted in malnutrition, disease, and CHARISSE TILLMAN AND THE contributions that Hispanics make to death among those who have sought UNITED NATIONS WORLD FOOD our Nation. refuge in these camps. Trauma coun- PROGRAM Perhaps the easiest way to under- seling centers for children who have es- ∑ Mrs. BOXER. Mr. President, on Octo- stand and appreciate the extent to caped from the rebels are sorely in ber 13, the United States and more which Hispanics have become entwined need of basic supplies and qualified than 150 nations will mark the observ- in the American landscape would come staff. Human Rights Watch reports ance of World Food Day. Every year from reading the newspaper. On the that the children who are told to leave since 1980, World Food Day has been a front page, you could read an article in order to make room for new arrivals time to raise awareness of worldwide about our Secretary of Energy or the often have nowhere to go and no means hunger, and recognize those who have U.S. Ambassador to the United Nations of support. dedicated their lives to help people in who are both Hispanic. In the business Mr. President, the phenomenon of need. section you could read an article on the child soldier is growing not only in Many of the individuals who are the Latino Administrator of the Small Uganda, but around the world. If a fighting the war against hunger do so Business Administration who released

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10822 CONGRESSIONAL RECORD — SENATE October 9, 1997 a report showing that the number of pany will then build the roads, harvest $4.8 million for law enforcement to new businesses owned by Hispanic the timber and pay the Forest Service combat gangs on Indian Tribal Lands. women has grown at three times the for the timber minus the cost of the While these gangs have yet to present overall rate of business growth. In the road. Meanwhile, that same company is themselves in Michigan, states such as arts section you could read about a re- able to use the credit it received from Arizona are having to confront this cital by a Spanish guitarist playing fla- the first sale to bid on other timber problem with increasing frequency. In menco music at a local theater. The sales. The ability to use this credit to- an effort to address this problem before food section could have an writeup of a ward other timber sales benefit is par- it becomes a national phenomenon, I new Mexican restaurant that just ticularly beneficial to small logging supported Senator KYL’s amendment. opened up downtown. And in the Sports companies with limited capital. Elimi- Nevertheless, it was defeated on a 34–64 section you could read about the Major nation of this program, therefore, vote. League Baseball playoffs where every would do little to reduce logging on The next legislation to be considered single team has Hispanic players that federal lands, but would greatly reduce was a Bumpers amendment to impose a are responsible for their team’s suc- the ability of small timber companies royalty of five percent of the net re- cess. In fact, in the Washington Post to bid on timber sales. turn on the profits from mining gold, sports pages you could read coverage of Finally, I am concerned that the silver and platinum. In addition, in World Cup Soccer, in Spanish. Bryan amendment could make it even order to raise funds to pay for the When we talk about Hispanics and more difficult to conduct timber sales cleanup of abandoned mines, the how their contributions make our Na- on Forest Service lands. In the past amendment would also charge a rec- tion more vibrant and diverse, it is im- decade, timber sales on federal lands lamation fee for those mines which portant that we recognize the great di- have declined by over two-thirds. Tim- have patented their lands. versity that exists within the Hispanic ber harvests on private lands have nec- In his speech on the Senate floor, community itself. Hispanic-Americans essarily increased in order to make up Senator BUMPERS indicated that the come from a variety of nations, rang- for the lost wood. Private timber har- reclamation fee served as a much need- ing from Central America to South vests have proven insufficient to meet ed tax on the industry. Shortly after, a America to Europe to the Caribbean. market demand, however, and the point of order was raised which noted What unites Hispanic-Americans is a shortfalls are increasingly being made that the introduction of a tax measure fundamental respect for the traditions up with imported, Canadian lumber. If such as this in the Senate was uncon- and values of their native lands com- this trend continues, I fear that the re- stitutional. A vote was called to deter- bined with a strong commitment to the sulting timber shortages will raise the mine the merit of the point of order. American dream. Life in America re- price per board-foot of lumber and in- Whether Senator BUMPERS legislation quires that they strike a balance be- crease housing and furniture costs. had merit or not, it was clear to me tween embracing their roots and as- Nevertheless, while I opposed the 49– that the amendment did violate the similating into this new culture. 51 vote to table the Bryan amendment, Constitutional law stating all tax Reaching this balance can be a strug- I reserve the right to reconsider my measures must originate in the House gle, but it is a struggle that will leave vote on this issue in the future. At this of Representatives. I agreed that the them enriched as individuals, while at time, I am concerned, but not con- Point of Order was well taken and, on the same time enriching our Nation. vinced, that the timber program rep- a 59–39 vote, the Bumpers amendment Hispanic-Americans should take resents a subsidy to the timber indus- was deemed out of order. great pride in their heritage, and I am try. In order to clarify this question, I Shortly after disposing of the Bump- glad that Hispanic Heritage Month urge the chairman of the Senate En- ers Amendment, the Senate turned to gives our Nation an opportunity to ergy and Natural Resources Committee final consideration of the FY98 Interior honor and celebrate their contribu- to hold hearings on this issue. Appropriations bill. I was pleased to tions.∑ The Senate next turned to consider- support its 93–3 passage and urge the f ation of a Hutchinson amendment to conferees to work as quickly as pos- authorize the President to implement EXPLANATION OF VOTES ON THE sible to finalize the conference report the recently announced American Her- before the end of the fiscal year. FY98 INTERIOR APPROPRIATIONS itage Rivers Initiative subject to Con- BILL gressional approval. The goal of this f ∑ Mr. ABRAHAM. Mr. President, a few amendment was both to ensure that weeks ago the Senate finished consid- Congress has a say in such designation eration of the Fiscal Year 1998 Interior and define what constitutes a river APPOINTMENT BY THE VICE appropriations bill. I would like to community. PRESIDENT speak for a moment on the amend- Proposed by the President, the Amer- The PRESIDING OFFICER. The ments to this legislation. ican Heritage Rivers Initiative seeks to Chair, on behalf of the Vice President, One of the first amendments to be identify polluted rivers which are im- in accordance with 22 U.S.C. 1928a- considered was offered by Senator portant to this nation’s history and 1928d, as amended, appoints the Sen- BRYAN of Nevada. The Bryan amend- provide a new avenue for funding clean- ator from Utah [Mr. BENNETT] as a ment proposed to cut $10 million from up efforts. While I believe this amend- member of the Senate Delegation to the Forest Service’s timber roads con- ment was well-intentioned, after care- the North Atlantic Assembly during struction budget and to eliminate the ful review I became convinced that the the First Session of the 105th Congress, Purchaser Credit Program. As I under- Hutchinson amendment would actually to be held in Bucharest, Romania, Oc- stand it, Senator BRYAN believes the serve to greatly increase the cost for a tober 9–14, 1997. monies used by the Forest Service to community to designate their river as assist with the construction and main- an American Heritage site. As long as f tenance of roads used by loggers con- property owners are assured of their stitutes a subsidy and he targets it ac- rights, the American Heritage Rivers AUTHORITY FOR COMMITTEES TO cordingly. Proponents of this program, Initiative could play a significant role FILE LEGISLATIVE AND EXECU- however, argue that there is no road in cleaning up some of this nation’s TIVE REPORTED ITEMS subsidy because the Forest Service most polluted rivers. In order to keep takes possession of the roads after the the Heritage River designation a viable Mr. STEVENS. Mr. President, I ask timber harvest and uses them to fight option for Michigan’s rivers, I voted in unanimous consent that on Wednesday, forest fires, manage the forestlands and support of the motion to table the October 15, committees have from the provide recreational access. Hutchinson amendment which passed hours of 11 a.m. to 3 p.m. in order to The Purchaser Credit Program, on a 57–42 vote. file legislative or executive reported meanwhile, credits timber companies Shortly after dispensing with the items. for the cost to build roads when it bids Hutchinson amendment, the Senate The PRESIDING OFFICER. Without out a timber sale. The logging com- took up a Kyl Amendment to provide objection, it is so ordered.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10823 ENVIRONMENTAL POLICY AND (3) in paragraph (7), by striking the period at ‘‘(C) other relevant information. CONFLICT RESOLUTION ACT OF the end and inserting a semicolon; and ‘‘(3) CONCURRENCE.— 1997 (4) by adding at the end the following: ‘‘(A) IN GENERAL.—In a case that involves a ‘‘(8) establish as part of the Foundation the dispute or conflict between 2 or more agencies or Mr. STEVENS. Mr. President, I ask United States Institute for Environmental Con- instrumentalities of the Federal Government (in- unanimous consent that the Senate flict Resolution to assist the Federal government cluding branches or divisions of a single agency proceed to the consideration of Cal- in implementing section 101 of the National En- or instrumentality), an agency or instrumen- endar No. 142, S. 399. vironmental Policy Act of 1969 (42 U.S.C. 4331) tality of the Federal Government shall obtain The PRESIDING OFFICER. The by providing assessment, mediation, and other the concurrence of the chairperson of the Presi- clerk will report. related services to resolve environmental dis- dent’s Council on Environmental Quality before using the Foundation or Institute to provide the The bill clerk read as follows: putes involving agencies and instrumentalities of the United States; and services described in subsection (a). A bill (S. 399) to amend the Morris K. Udall ‘‘(9) complement the direction established by ‘‘(B) INDICATION OF CONCURRENCE OR NON- Scholarship and Excellence in National En- the President in Executive Order 12988 (61 Fed. CONCURRENCE.—The chairperson of the Presi- vironmental and Native American Public Reg. 4729; relating to civil justice reform).’’. dent’s Council on Environmental Quality shall Policy Act of 1992 to establish the United SEC. 5. AUTHORITY. indicate concurrence or nonconcurrence under States Institute for Environmental Conflict Section 7(a) of the Morris K. Udall Scholar- subparagraph (A) not later than 20 days after Resolution to conduct environmental con- ship and Excellence in National Environmental receiving notice of the dispute or conflict.’’. flict resolution and training, and for other and Native American Public Policy Act of 1992 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. purposes. (20 U.S.C. 5605(a)) is amended— (a) IN GENERAL.—Section 12 of the Morris K. The PRESIDING OFFICER. Is there (1) in paragraph (1), by adding at the end the Udall Scholarship and Excellence in National objection to the immediate consider- following: Environmental and Native American Public Pol- ation of the bill? ‘‘(D) INSTITUTE FOR ENVIRONMENTAL CONFLICT icy Act of 1992 (as redesignated by section 6(a)) There being no objection, the Senate RESOLUTION.— is amended— proceeded to consider the bill, which ‘‘(i) IN GENERAL.—The Foundation shall— (1) by striking ‘‘There are authorized to be ap- propriated to the Fund’’ and inserting the fol- had been reported from the Committee ‘‘(I) establish the United States Institute for Environmental Conflict Resolution as part of lowing: on Environment and Public Works, the Foundation; and ‘‘(a) TRUST FUND.—There is authorized to be with an amendment to strike all after ‘‘(II) identify and conduct such programs, ac- appropriated to the Trust Fund’’; and the enacting clause and inserting in tivities, and services as the Foundation deter- (2) by adding at the end the following: lieu thereof the following: mines appropriate to permit the Foundation to ‘‘(b) ADDITIONAL AMOUNTS.—There are au- SECTION 1. SHORT TITLE. provide assessment, mediation, training, and thorized to be appropriated to the Trust Fund to This Act may be cited as the ‘‘Environmental other related services to resolve environmental carry out this Act an additional amount of— Policy and Conflict Resolution Act of 1997’’. disputes. ‘‘(1) $4,250,000 for fiscal year 1998, of which— ‘‘(A) $3,000,000 shall be for capitalization; and SEC. 2. DEFINITIONS. ‘‘(ii) GEOGRAPHIC PROXIMITY OF CONFLICT RESOLUTION PROVISION.—In providing assess- ‘‘(B) $1,250,000 shall be for operation costs; Section 4 of the Morris K. Udall Scholarship and and Excellence in National Environmental and ment, mediation, training, and other related services under clause (i)(II) to resolve environ- ‘‘(2) $1,250,000 for each of fiscal years 1999 Native American Public Policy Act of 1992 (20 through 2002 for operation costs.’’. U.S.C. 5602) is amended— mental disputes, the Foundation shall consider, SEC. 8. CONFORMING AMENDMENTS. (1) by redesignating paragraphs (4), (5), (6), to the maximum extent practicable, conflict reso- (a) The second sentence of section 8(a) of the and (7) as paragraphs (5), (9), (7), and (8), re- lution providers within the geographic proximity Morris K. Udall Scholarship and Excellence in spectively; of the conflict.’’; and National Environmental and Native American (2) by inserting after paragraph (3) the fol- (2) in paragraph (7), by inserting ‘‘and Train- Public Policy Act of 1992 (20 U.S.C. 5606) is lowing: ing’’ after ‘‘Conflict Resolution’’. ‘‘(4) the term ‘environmental dispute’ means a SEC. 6. USE OF THE INSTITUTE BY A FEDERAL amended— (1) by striking ‘‘fund’’ and inserting ‘‘Trust dispute or conflict relating to the environment, AGENCY. Fund’’; and public lands, or natural resources;’’; (a) REDESIGNATION.—Sections 10 and 11 of the (2) by striking ‘‘section 11’’ and inserting (3) by inserting after paragraph (5) (as redes- Morris K. Udall Scholarship and Excellence in ‘‘section 12’’. ignated by paragraph (1)) the following: National Environmental and Native American (b) Sections 7(a)(6), 8(b), and 9(a) of the Mor- ‘‘(6) the term ‘Institute’ means the United Public Policy Act of 1992 (20 U.S.C. 5608, 5609) ris K. Udall Scholarship and Excellence in Na- States Institute for Environmental Conflict Res- are redesignated as sections 11 and 12, respec- tional Environmental and Native American Pub- olution established pursuant to section tively. lic Policy Act of 1992 (20 U.S.C. 5605(a)(6), 7(a)(1)(D);’’; (b) USE OF THE INSTITUTE.—The Morris K. (4) in paragraph (7) (as redesignated by para- Udall Scholarship and Excellence in National 5606(b), 5607(a)) are each amended by striking graph (1)), by striking ‘‘and’’ at the end; Environmental and Native American Public Pol- ‘‘Fund’’ and inserting ‘‘Trust Fund’’ each place (5) in paragraph (8) (as redesignated by para- icy Act of 1992 (20 U.S.C. 5601 et seq.) is amend- it appears. graph (1)), by striking the period at the end and ed by inserting after section 9 the following: f inserting ‘‘; and’’; and ‘‘SEC. 10. USE OF THE INSTITUTE BY A FEDERAL AMENDMENT NO. 1323 (6) in paragraph (9) (as redesignated by para- AGENCY. graph (1)) ‘‘(a) AUTHORIZATION.—A Federal agency may (Purpose: To separate funds used for environ- (A) by striking ‘‘fund’’ and inserting ‘‘Trust use the Foundation and the Institute to provide mental conflict resolution from scholar- Fund’’; and assessment, mediation, or other related services ship funds) (B) by striking the semicolon at the end and in connection with a dispute or conflict related Mr. STEVENS. Mr. President, Sen- inserting a period. to the environment, public lands, or natural re- ator MCCAIN has an amendment at the SEC. 3. BOARD OF TRUSTEES. sources. desk, and I ask for its consideration. Section 5(b) of the Morris K. Udall Scholar- ‘‘(b) PAYMENT.— The PRESIDING OFFICER. The ship and Excellence in National Environmental ‘‘(1) IN GENERAL.—A Federal agency may clerk will report. and Native American Public Policy Act of 1992 enter into a contract and expend funds to ob- (20 U.S.C. 5603(b)) is amended— tain the services of the Institute. The bill clerk read as follows: (1) in the matter preceding paragraph (1) of ‘‘(2) PAYMENT INTO TRUST FUND.—A payment The Senator from Alaska [Mr. STEVENS] the second sentence, by striking ‘‘twelve’’ and from an executive agency on a contract entered for Mr. MCCAIN, proposes an amendment inserting ‘‘thirteen’’; and into under paragraph (1) shall be paid into the numbered 1323. (2) by adding at the end the following: Trust Fund. Mr. STEVENS. Mr. President, I ask ‘‘(7) The chairperson of the President’s Coun- ‘‘(c) NOTIFICATION AND CONCURRENCE.— unanimous consent that the reading of cil on Environmental Quality, who shall serve ‘‘(1) NOTIFICATION.—An agency or instrumen- the amendment be dispensed with. as a nonvoting, ex officio member and shall not tality of the Federal Government shall notify The PRESIDING OFFICER. Without be eligible to serve as chairperson.’’. the chairperson of the President’s Council on SEC. 4. PURPOSE. Environmental Quality when using the Founda- objection, it is so ordered. Section 6 of the Morris K. Udall Scholarship tion or the Institute to provide the services de- The amendment is as follows: and Excellence in National Environmental and scribed in subsection (a). Beginning on page 14, strike line 17 and all Native American Public Policy Act of 1992 (20 ‘‘(2) NOTIFICATION DESCRIPTIONS.—A notifica- that follows through page 15, line 3, and in- U.S.C. 5604) is amended— tion under paragraph (1) shall include a written sert the following: (1) in paragraph (4), by striking ‘‘an Environ- description of— SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION mental Conflict Resolution’’ and inserting ‘‘En- ‘‘(A) the issues and parties involved; FUND. vironmental Conflict Resolution and Training’’; ‘‘(B) prior efforts, if any, undertaken by the (a) REDESIGNATION.—Sections 10 and 11 of (2) in paragraph (6), by striking ‘‘and’’ at the agency to resolve or address the issue or issues; the Morris K. Udall Scholarship and Excel- end; and lence in National Environmental and Native

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10824 CONGRESSIONAL RECORD — SENATE October 9, 1997 American Public Policy Act of 1992 (20 U.S.C. The PRESIDING OFFICER. Without (3) in paragraph (7), by striking the period 5608, 5609) are redesignated as sections 12 and objection, it is so ordered. at the end and inserting a semicolon; and 13 of that Act, respectively. The amendment (No. 1323) was agreed (4) by adding at the end the following: (b) ENVIRONMENTAL DISPUTE RESOLUTION to. ‘‘(8) establish as part of the Foundation the FUND.—The Morris K. Udall Scholarship and Mr. STEVENS. Mr. President, I ask United States Institute for Environmental Excellence in National Environmental and Conflict Resolution to assist the Federal Native American Public Policy Act of 1992 unanimous consent that the committee government in implementing section 101 of (20 U.S.C. 5601 et seq.) (as amended by sub- amendment, as amended, be agreed to; the National Environmental Policy Act of section (a)) is amended by inserting after that the bill be considered read a third 1969 (42 U.S.C. 4331) by providing assessment, section 9 the following: time and passed; that the motion to re- mediation, and other related services to re- ‘‘SEC. 10. ENVIRONMENTAL DISPUTE RESOLU- consider be laid upon the table; and solve environmental disputes involving agen- TION FUND. that any statements relating to the cies and instrumentalities of the United ‘‘(a) ESTABLISHMENT.—There is established bill appear at the appropriate place in States; and in the Treasury of the United States an En- ‘‘(9) complement the direction established the RECORD. vironmental Dispute Resolution Fund to be by the President in Executive Order 12988 (61 administered by the Foundation. The Fund The PRESIDING OFFICER. Without Fed. Reg. 4729; relating to civil justice re- shall consist of amounts appropriated to the objection, it is so ordered. form).’’. Fund under section 13(b) and amounts paid The committee amendment, as SEC. 5. AUTHORITY. into the Fund under section 11. amended, was agreed to. Section 7(a) of the Morris K. Udall Scholar- ‘‘(b) EXPENDITURES.—The Foundation shall The bill (S. 399), as amended, was ship and Excellence in National Environ- expend from the Fund such sums as the read the third time and passed, as fol- mental and Native American Public Policy Board determines are necessary to establish lows: Act of 1992 (20 U.S.C. 5605(a)) is amended— and operate the Institute, including such S. 399 (1) in paragraph (1), by adding at the end amounts as are necessary for salaries, ad- the following: ministration, the provision of mediation and Be it enacted by the Senate and House of Rep- ‘‘(D) INSTITUTE FOR ENVIRONMENTAL CON- other services, and such other expenses as resentatives of the United States of America in FLICT RESOLUTION.— the Board determines are necessary. Congress assembled, ‘‘(i) IN GENERAL.—The Foundation shall— ‘‘(c) DISTINCTION FROM TRUST FUND.—The SECTION 1. SHORT TITLE. ‘‘(I) establish the United States Institute Fund shall be maintained separately from This Act may be cited as the ‘‘Environ- for Environmental Conflict Resolution as the Trust Fund established under section 8. mental Policy and Conflict Resolution Act of part of the Foundation; and ‘‘(d) INVESTMENT OF AMOUNTS.— 1997’’. ‘‘(II) identify and conduct such programs, ‘‘(1) IN GENERAL.—The Secretary of the SEC. 2. DEFINITIONS. activities, and services as the Foundation de- Treasury shall invest such portion of the Section 4 of the Morris K. Udall Scholar- termines appropriate to permit the Founda- Fund as is not, in the judgment of the Sec- ship and Excellence in National Environ- tion to provide assessment, mediation, train- retary, required to meet current with- mental and Native American Public Policy ing, and other related services to resolve en- drawals. Act of 1992 (20 U.S.C. 5602) is amended— vironmental disputes. ‘‘(2) INTEREST-BEARING OBLIGATIONS.—In- (1) by redesignating paragraphs (4), (5), (6), ‘‘(ii) GEOGRAPHIC PROXIMITY OF CONFLICT vestments may be made only in interest- and (7) as paragraphs (5), (9), (7), and (8), re- RESOLUTION PROVISION.—In providing assess- bearing obligations of the United States. spectively; ment, mediation, training, and other related ‘‘(3) ACQUISITION OF OBLIGATIONS.—For the (2) by inserting after paragraph (3) the fol- purpose of investments under paragraph (1), services under clause (i)(II) to resolve envi- lowing: obligations may be acquired— ronmental disputes, the Foundation shall ‘‘(A) on original issue at the issue price; or ‘‘(4) the term ‘environmental dispute’ consider, to the maximum extent prac- ‘‘(B) by purchase of outstanding obliga- means a dispute or conflict relating to the ticable, conflict resolution providers within tions at the market price. environment, public lands, or natural re- the geographic proximity of the conflict.’’; ‘‘(4) SALE OF OBLIGATIONS.—Any obligation sources;’’; and acquired by the Fund may be sold by the (3) by inserting after paragraph (5) (as re- (2) in paragraph (7), by inserting ‘‘and Secretary of the Treasury at the market designated by paragraph (1)) the following: Training’’ after ‘‘Conflict Resolution’’. price. ‘‘(6) the term ‘Institute’ means the United SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION ‘‘(5) CREDITS TO FUND.—The interest on, States Institute for Environmental Conflict FUND. and the proceeds from the sale or redemption Resolution established pursuant to section (a) REDESIGNATION.—Sections 10 and 11 of of, any obligations held in the Fund shall be 7(a)(1)(D);’’; the Morris K. Udall Scholarship and Excel- credited to and form a part of the Fund.’’. (4) in paragraph (7) (as redesignated by lence in National Environmental and Native SEC. 7. USE OF THE INSTITUTE BY A FEDERAL paragraph (1)), by striking ‘‘and’’ at the end; American Public Policy Act of 1992 (20 U.S.C. AGENCY. (5) in paragraph (8) (as redesignated by 5608, 5609) are redesignated as sections 12 and The Morris K. Udall Scholarship and Excel- paragraph (1)), by striking the period at the 13 of that Act, respectively. lence in National Environmental and Native end and inserting ‘‘; and’’; and (b) ENVIRONMENTAL DISPUTE RESOLUTION American Public Policy Act of 1992 (20 U.S.C. (6) in paragraph (9) (as redesignated by FUND.—The Morris K. Udall Scholarship and 5601 et seq.) (as amended by section 6) is paragraph (1)) Excellence in National Environmental and amended by inserting after section 10 the fol- (A) by striking ‘‘fund’’ and inserting Native American Public Policy Act of 1992 lowing: ‘‘Trust Fund’’; and (20 U.S.C. 5601 et seq.) (as amended by sub- (B) by striking the semicolon at the end section (a)) is amended by inserting after ‘‘SEC. 11. USE OF THE INSTITUTE BY A FEDERAL section 9 the following: AGENCY. and inserting a period. On page 15, strike lines 13 through 16 and SEC. 3. BOARD OF TRUSTEES. ‘‘SEC. 10. ENVIRONMENTAL DISPUTE RESOLU- TION FUND. insert the following: Section 5(b) of the Morris K. Udall Scholar- ‘‘(a) ESTABLISHMENT.—There is established ‘‘(2) PAYMENT INTO ENVIRONMENTAL DISPUTE ship and Excellence in National Environ- in the Treasury of the United States an En- RESOLUTION FUND.—A payment from an exec- mental and Native American Public Policy vironmental Dispute Resolution Fund to be utive agency on a contract entered into Act of 1992 (20 U.S.C. 5603(b)) is amended— administered by the Foundation. The Fund under paragraph (1) shall be paid into the (1) in the matter preceding paragraph (1) of shall consist of amounts appropriated to the Environmental Dispute Resolution Fund es- the second sentence, by striking ‘‘twelve’’ Fund under section 13(b) and amounts paid tablished under section 10. and inserting ‘‘thirteen’’; and into the Fund under section 11. On page 17, line 1, strike ‘‘SEC. 7.’’ and in- (2) by adding at the end the following: ‘‘(b) EXPENDITURES.—The Foundation shall sert ‘‘ ’’. SEC. 8. ‘‘(7) The chairperson of the President’s expend from the Fund such sums as the On page 17, line 2, strike ‘‘Section 12’’ and Council on Environmental Quality, who shall Board determines are necessary to establish insert ‘‘Section 13’’. serve as a nonvoting, ex officio member and On page 17, strike lines 11 through 13 and and operate the Institute, including such shall not be eligible to serve as chair- amounts as are necessary for salaries, ad- insert the following: person.’’. ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION ministration, the provision of mediation and SEC. 4. PURPOSE. UND.—There are authorized to be appro- other services, and such other expenses as F Section 6 of the Morris K. Udall Scholar- priated to the Environmental Dispute Reso- the Board determines are necessary. ship and Excellence in National Environ- ‘‘(c) DISTINCTION FROM TRUST FUND.—The lution Fund established under section 10— mental and Native American Public Policy Fund shall be maintained separately from On page 17, line 21, strike ‘‘SEC. 8.’’ and in- Act of 1992 (20 U.S.C. 5604) is amended— the Trust Fund established under section 8. sert ‘‘SEC. 9.’’. NVESTMENT OF AMOUNTS.— On page 18, line 4, strike ‘‘12’’ and insert (1) in paragraph (4), by striking ‘‘an Envi- ‘‘(d) I ‘‘(1) IN GENERAL.—The Secretary of the ‘‘13(a)’’. ronmental Conflict Resolution’’ and insert- ing ‘‘Environmental Conflict Resolution and Treasury shall invest such portion of the Mr. STEVENS. Mr. President, I ask Training’’; Fund as is not, in the judgment of the Sec- unanimous consent that the amend- (2) in paragraph (6), by striking ‘‘and’’ at retary, required to meet current with- ment be agreed to. the end; drawals.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10825 ‘‘(2) INTEREST-BEARING OBLIGATIONS.—In- (2) by adding at the end the following: of Labor Statistics, and that the Sen- vestments may be made only in interest- ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION ate proceed to its consideration. I fur- bearing obligations of the United States. FUND.—There are authorized to be appro- ther ask unanimous consent that the ‘‘(3) ACQUISITION OF OBLIGATIONS.—For the priated to the Environmental Dispute Reso- nominations be confirmed; that the purpose of investments under paragraph (1), lution Fund established under section 10— obligations may be acquired— ‘‘(1) $4,250,000 for fiscal year 1998, of motions to reconsider be laid upon the ‘‘(A) on original issue at the issue price; or which— table; that any statements relating to ‘‘(B) by purchase of outstanding obliga- ‘‘(A) $3,000,000 shall be for capitalization; the nominations appear at the appro- tions at the market price. and priate place in the RECORD; that the ‘‘(4) SALE OF OBLIGATIONS.—Any obligation ‘‘(B) $1,250,000 shall be for operation costs; President be immediately notified of acquired by the Fund may be sold by the and the Senate’s action; and that the Sen- Secretary of the Treasury at the market ‘‘(2) $1,250,000 for each of fiscal years 1999 ate return to legislative session. price. through 2002 for operation costs.’’. The PRESIDING OFFICER. Without ‘‘(5) CREDITS TO FUND.—The interest on, SEC. 9. CONFORMING AMENDMENTS. and the proceeds from the sale or redemption objection, it is so ordered. (a) The second sentence of section 8(a) of The nominations considered and con- of, any obligations held in the Fund shall be the Morris K. Udall Scholarship and Excel- credited to and form a part of the Fund.’’. lence in National Environmental and Native firmed are as follows: SEC. 7. USE OF THE INSTITUTE BY A FEDERAL American Public Policy Act of 1992 (20 U.S.C. THE JUDICIARY AGENCY. 5606) is amended— Anthony W. Ishii, of California, to be The Morris K. Udall Scholarship and Excel- (1) by striking ‘‘fund’’ and inserting ‘‘Trust United States District Judge for the Eastern lence in National Environmental and Native Fund’’; and District of California. American Public Policy Act of 1992 (20 U.S.C. (2) by striking ‘‘section 11’’ and inserting 5601 et seq.) (as amended by section 6) is DEPARTMENT OF STATE ‘‘section 13(a)’’. Susan E. Rice, of the District of Columbia, amended by inserting after section 10 the fol- (b) Sections 7(a)(6), 8(b), and 9(a) of the to be an Assistant Secretary of State. lowing: Morris K. Udall Scholarship and Excellence ‘‘SEC. 11. USE OF THE INSTITUTE BY A FEDERAL Martin S. Indyk, of the District of Colum- in National Environmental and Native bia, to be an Assistant Secretary of State. AGENCY. American Public Policy Act of 1992 (20 U.S.C. ‘‘(a) AUTHORIZATION.—A Federal agency 5605(a)(6), 5606(b), 5607(a)) are each amended DEPARTMENT OF LABOR may use the Foundation and the Institute to by striking ‘‘Fund’’ and inserting ‘‘Trust Katharine G. Abraham, of Iowa, to be Com- provide assessment, mediation, or other re- Fund’’ each place it appears. missioner of Labor Statistics, United States lated services in connection with a dispute Department of Labor, for a term of four f or conflict related to the environment, pub- years. lic lands, or natural resources. EXECUTIVE SESSION ‘‘(b) PAYMENT.— NOMINATION OF ANTHONY ISHII ‘‘(1) IN GENERAL.—A Federal agency may Mrs. BOXER. Mr. President, having enter into a contract and expend funds to ob- recommended Anthony W. Ishii to EXECUTIVE CALENDAR tain the services of the Institute. President Clinton to be U.S. District ‘‘(2) PAYMENT INTO ENVIRONMENTAL DISPUTE Mr. STEVENS. Mr. President, I ask Judge for the Eastern District in Cali- RESOLUTION FUND.—A payment from an exec- unanimous consent that the Senate fornia, I am gratified to see his nomi- utive agency on a contract entered into proceed to executive session to con- nation come before the full Senate under paragraph (1) shall be paid into the sider the following nominations on the Environmental Dispute Resolution Fund es- today, and I urge my colleagues to vote tablished under section 10. Executive Calendar: Nos. 65, 281, 289, to confirm him. ‘‘(c) NOTIFICATION AND CONCURRENCE.— and 307. I further ask unanimous con- Anthony Ishii, a third generation ‘‘(1) NOTIFICATION.—An agency or instru- sent that the nominations be con- Californian, will be the first Asian- mentality of the Federal Government shall firmed; that the motions to reconsider American to serve on the Eastern Dis- notify the chairperson of the President’s be laid upon the table; that any state- trict federal bench. He has had a long Council on Environmental Quality when ments relating to the nominations ap- and distinguished legal career. Cur- using the Foundation or the Institute to pro- pear at the appropriate place in the vide the services described in subsection (a). rently, he serves as a Municipal Court RECORD; and that the President be im- ‘‘(2) NOTIFICATION DESCRIPTIONS.—A notifi- Judge for the Central Valley Municipal cation under paragraph (1) shall include a mediately notified of the Senate’s ac- Court in Fresno, California. written description of— tion. For ten years prior to his service on ‘‘(A) the issues and parties involved; The PRESIDING OFFICER. Without the Municipal Court bench, he served ‘‘(B) prior efforts, if any, undertaken by objection, it is so ordered. as a Justice Court Judge for the the agency to resolve or address the issue or The nominations considered and con- Parlier-Selma Judicial District in issues; and firmed are as follows: Fresno County. He was initially ap- ‘‘(C) other relevant information. NATIONAL CREDIT UNION ADMINISTRATION ‘‘(3) CONCURRENCE.— pointed to the Justice Court position ‘‘(A) IN GENERAL.—In a case that involves a Yolanda Townsend Wheat, of Missouri, to by the Fresno County Board of Super- dispute or conflict between 2 or more agen- be a Member of the National Credit Union visors, and has since stood for election cies or instrumentalities of the Federal Gov- Administration Board for the term of six three time. He won his first reelection ernment (including branches or divisions of a years expiring August 2, 2001. and has been unopposed in each of the single agency or instrumentality), an agency DEPARTMENT OF STATE two subsequent ones. or instrumentality of the Federal Govern- Thomas J. Dodd, of the District of Colum- Judge Ishii received his Juris Doctor ment shall obtain the concurrence of the bia, to be Ambassador Extraordinary and from Boalt Hall, the law school at the chairperson of the President’s Council on En- Plenipotentiary of the United States of vironmental Quality before using the Foun- University of California, Berkeley. America to the Republic of Costa Rica. Early in his career, he was a Deputy dation or Institute to provide the services Corinne Claiborne Boggs, of Louisiana, to described in subsection (a). be Ambassador Extraordinary and Pleni- City Attorney in Sacramento and a ‘‘(B) INDICATION OF CONCURRENCE OR NON- potentiary of the United States of America Deputy Public Defender for the County CONCURRENCE.—The chairperson of the Presi- to the Holy See. of Fresno. Prior to his service on the dent’s Council on Environmental Quality NATIONAL CREDIT UNION ADMINISTRATION bench, he was an attorney in private shall indicate concurrence or nonconcur- BOARD practice. He has extensive trial experi- rence under subparagraph (A) not later than ence, handling over 70 jury trials before 20 days after receiving notice of the dispute Dennis Dollar, of Mississippi, to be a Mem- or conflict.’’. ber of the National Credit Union Administra- becoming a judge. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. tion Board for a term expiring April 10, 2003. For years, Judge Ishii has been in- (a) IN GENERAL.—Section 13 of the Morris Mr. STEVENS. Mr. President, I ask volved in numerous professional activi- K. Udall Scholarship and Excellence in Na- unanimous consent that the Senate ties. He was appointed to the pres- tional Environmental and Native American proceed to consider the following nomi- tigious California Judicial Council by Public Policy Act of 1992 (as redesignated by nations on the Executive Calendar: California Supreme Court Chief Justice section 6(a)) is amended— Nos. 163, 273, and 319. I also ask unani- Malcolm Lucas. Additionally, he (1) by striking ‘‘There are authorized to be mous consent that the Labor Com- served as a member of the Judicial appropriated to the Fund’’ and inserting the following: mittee be discharged from further con- Council Advisory Committee on the ‘‘(a) TRUST FUND.—There is authorized to sideration of the nomination of Kath- Administration of Justice in the rural be appropriated to the Trust Fund’’; and arine G. Abraham, to be Commissioner counties for three years. He served

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10826 CONGRESSIONAL RECORD — SENATE October 9, 1997 from 1991 to 1993 on the Commission on urge my colleagues to vote to approve long that they are classified as ‘‘judi- the Future of the California Courts. his nomination. cial emergency’’ vacancies by the Ad- From 1983 to 1993, he was a member of Mr. LEAHY. Mr. President, I am de- ministrative Office of the United the Fresno County Justice Court lighted that the majority leader had States Courts. Judges Association and served a term decided to take up the nomination of When the President spoke out in his as president of the organization. Judge Anthony W. Ishii to be a United national radio address, he asked that Judge Ishii is also a leader in his States District Judge for the Eastern the delay in the consideration of judi- community. He is a member of the Jap- District of California. Judge Ishii is an cial nominees come to an end. Unfortu- anese American Citizens League, where outstanding nominee. He is currently a nately, the delay continues with re- he has served in numerous capacities municipal court judge in Fresno, Cali- spect to too many nominations, includ- for over nineteen years. His commu- fornia. The ABA found him to be well- ing that of Margaret Morrow. nity service includes the Selma Public qualified, its highest rating. NOMINATION OF KATHARINE G. ABRAHAM Education Foundation, the Selma Hos- We first received Anthony Ishii’s Mr. MOYHIHAN. Mr. President, the pital Foundation, the Selma Delin- nomination on February 12, 1997, al- record should reflect that there is a quency Prevention Committee, and most eight months ago. He had a con- growing body of evidence that the Con- service on the Board of Valley Public firmation hearing on June 25, where he sumer Price Index, as complied by the Television. He has been a member of was strongly supported by both Cali- Bureau of Labor Statistics, is not an the California Small Business Develop- fornia Senators. He was favorably re- accurate measure of the cost of living. ment Board, the California Task Force ported by the Judiciary Committee The BLS itself so states in its bro- on Rural Economy, and the Asian and back on July 10. There has been no ex- chure, ‘‘Understanding the Consumer Pacific Islander Advisory Committee. planation or justification for the delay Price Index: Answers to Some Ques- Judge Ishii has received numerous in bringing this nomination forward tions,’’ which in answer to the question letters illustrating his broad, bipar- from the Senate calendar. I am sure ‘‘Is the CPI a cost of living index?’’ tisan support. The Sheriff of Fresno that Judge Ishii and his family are says ‘‘No, although it frequently and County, Steve Magarian, who has happy that their long wait is now over. mistakenly is called a cost of living known Judge Ishii for 15 years, says he I congratulate them and look forward index.’’ ‘‘has earned the deep respect from law to his service on the District Court. That the CPI is an upward-biased enforcement’’. Unfortunately, the Republican lead- measure of changes in the cost of living The Chief of Police, William ership has chosen again to skip over is not in dispute. The Advisory Com- Eldridge, of the Livingston Police De- the nomination of Margaret Morrow. In mission to Study the Consumer Price partment says Judge Ishii is ‘‘highly spite of the adoption of the Wysen- index appointed by the Finance Com- respected by both the citizens of the Grassley amendment earlier this mittee in 1995 concluded as follows: community and law enforcement.’’ month, an amendment that calls upon * * * The Commission’s best estimate of The President of the Merced County Senators to come forward within two the size of the upward bias looking forward days of exercising a hold to identify is 1.1 percentage points per year. The range Sheriff’s Employee Association, Brian of plausible values is 0.8 to 1.6 percentage Miller, writes Ishii ‘‘has a strong com- themselves, Margaret Morrow’s nomi- points per year. nation has been the subject of an anon- mitment to law enforcement, and has In testimony on February 11, 1997 be- ymous and mysterious hold over a pe- the background and knowledge that fore the Finance Committee, Commis- makes him an invaluable asset to the riod of two years and most recently sioner Abraham herself acknowledged Federal Judicial System.’’ since being reported on June 12, almost that the CPI ‘‘gives you an upper bound The President of the 700-member four months ago. on what is happening to the cost of liv- On September 29 Senator Hatch reit- Fresno Police Officers Association, ing.’’ Larry Bertao, says that Judge Ishii has erated his continuing support for the I would also note that Dr. David an ‘‘outstanding reputation among nomination of Margaret Morrow and Wilcox, who was recently nominated to local law enforcement . . . and will announced that he will vote for her. He be Assistant Secretary of the Treasury serve his community in an effective said: ‘‘I have found her to be qualified for Economic Policy, has reached con- and distinguished manner as a federal and I will support her. Undoubtedly, clusions remarkably similar to those of court judge.’’ there will be some who will not, but the Boskin Commission. While serving The President of the Fresno Deputy she deserved to have her vote on the as Senior Economist at the Federal Re- Sheriffs Association, Victor Wisemer, floor. I have been assured by the major- serve Board, Dr. Wilcox and Matthew says Judge Ishii is ‘‘well-respected by ity leader that she will have her vote Shapiro, Professor of Economics at the his colleagues, has a strong commit- on the floor. I intend to argue for and University of Michigan, published a ment to quality law enforcement, and on her behalf.’’ study entitled ‘‘Mismeasurement in the is equitable in the decisions he ren- I have looked forward to that debate Consumer Price Index: An Evaluation’’ ders.’’ since June 12. I ask, again, why not in which they wrote: Judge Ishii has the unanimous sup- now, why not today, why not this * * * we [find] the overall bias in the CPI port of the Fresno County Board of Su- week? This is a nomination that has at just under 1.0 percentage point per year. pervisors, an all-Republican Board. been pending for far too long and that We also estimate that the [range] lies be- Their letter states that Ishii is ‘‘recog- has been stalled here on the floor twice tween 0.6 percentage point per year and 1.5 nized for his exemplary judicial tenure over two years without justification. percentage points per year. and has universal community sup- Last year this nomination was unani- So the issue is not whether the CPI port.’’ mously reported by the Judiciary Com- an accurate measure of changes in the The President of the Fresno Chamber mittee and was left to wither without cost-of-living, but rather how large is of Commerce, Doug Davidian, says he action for over three months. This the upward bias? is ‘‘well respected by law enforcement, year, the Committee again reported Yet despite evidence from experts the judiciary and by the legal and busi- her nomination favorably and it has both inside and outside the govern- ness communities.’’ been pending for another four months. ment, last spring we began to hear re- I strongly believe Judge Ishii will There has been no explanation for this peated the argument that questioning make an outstanding addition to the delay and no justification. This good the accuracy of the Consumer Price federal bench. I believe his intel- woman does not deserve this shameful Index as a measurement of the cost of ligence, judicial temperament, broad treatment. living somehow constituted political experience, professional and commu- Meanwhile, the people served by the interference with the BLS. I hope that nity service, and deep commitment to District Court for the Central District in her second term, Commissioner justice qualify him to serve on the fed- of California continue to suffer the af- Abraham will help to dispel this per- eral bench with great distinction. fects of this persistent vacancy—cases ception by working closely with price I am very proud to have had the op- are not heard, criminal cases are not experts inside and outside the govern- portunity to recommend Anthony Ishii being tried. This is one of more than 28 ment. For as Federal Reserve Chair- for the Federal District Court, and I vacancies that have persisted for so man Alan Greenspan said in testimony

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10827 before the Finance Committee on Jan- Whereas mammograms, when operated ADJOURNMENT UNTIL MONDAY, uary 30, 1997: professionally at a certified facility, can pro- OCTOBER 20, 1997 vide a safe and quick diagnosis; * * * assuming zero for the remaining bias Whereas experts agree that mammography Mr. STEVENS. Mr. President, if is the political fix. On this issue we should is the best method of earlydetection of there is no further business to come be- let evidence, not politics, drive policy. breast cancer, and early detection is the key fore the Senate, I now ask that the Policies based on inaccurate statis- to saving lives; Senate stand in adjournment under the tics can have dramatic consequences Whereas mammograms can reveal the pres- provisions of House Concurrent Resolu- for the economy. For example, over- ence of small cancers up to 2 years or more tion 169, until 12 noon on Monday, Oc- stating the increase in the cost of liv- before a regular clinical breast examination tober 20, 1997. ing reduces the growth in real wages. or breast self-examination (BSE), saving as many as 30 percent more lives; Thereupon, the Senate, at 6:57 p.m., With an overstated cost of living meas- Whereas the medicare program will cover adjourned until Monday, October 20, ure, it appears that real hourly wages mammograms on an annual basis for women 1997, at 12 noon. have been stagnant for the past 30 over 39 years of age, beginning in January, f years. Yet with a one percentage point 1998; and correction, it turns out that real hour- Whereas 47 States have passed legislation NOMINATIONS requiring health insurance companies to ly earnings have actually increased by EXECUTIVE OFFICE OF THE PRESIDENT cover mammograms in accordance with rec- 35 percent. Executive nominations received by It is important that our Bureau of ognized screening guidelines: Now, therefore, be it the Senate October 9, 1997: Labor Statistics, which is comprised of Resolved, That the Senate— ROBERT S. WARSHAW, OF NEW YORK, TO BE ASSOCIATE many superb professionals, even so be DIRECTOR FOR NATIONAL DRUG CONTROL POLICY, VICE (1) designates October 17, 1997, as ‘‘Na- ROSE OCHIE, RESIGNED. humble enough to recognize that it tional Mammography Day’’; and may not be the repository of all exper- (2) requests that the President issue a DEPARTMENT OF STATE tise on this subject. There are other proclamation calling upon the people of the MARY MEL FRENCH, OF THE DISTRICT OF COLUMBIA, TO BE CHIEF OF PROTOCOL, AND TO HAVE THE RANK OF views, and they need to be considered United States to observe such day with ap- AMBASSADOR DURING HER TENURE OF SERVICE. carefully by the BLS. Commissioner propriate programs and activities. ROBERT T. GREY, JR., OF VIRGINIA, FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. Abraham would do well to be mindful Mr. STEVENS. Mr. President, I REPRESENTATIVE TO THE CONFERENCE ON DISAR- of this in her second term. might state that all of those items MAMENT. were cleared by the Democratic side, as DAVID B. HERMELIN, OF MICHIGAN, TO BE AMBAS- f SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF well as the Republican side of the Sen- THE UNITED STATES OF AMERICA TO NORWAY. LEGISLATIVE SESSION ate. U.S. INTERNATIONAL DEVELOPMENT COOPERATION AGENCY The PRESIDING OFFICER. Under f HARRIET C. BABBIT, OF ARIZONA, TO BE DEPUTY AD- the previous order, the Senate will now ORDERS FOR MONDAY, OCTOBER MINISTRATOR OF THE AGENCY FOR INTERNATIONAL DE- return to legislative session. 20, 1997 VELOPMENT, VICE CAROL J. LANCASTER, RESIGNED. f Mr. STEVENS. Mr. President, I an- FOREIGN SERVICE nounce that when the Senate adjourns THE FOLLOWING-NAMED PERSONS OF THE AGENCIES NATIONAL MAMMOGRAPHY DAY INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- this evening, it will reconvene under FICERS OF THE CLASSES STATED, AND ALSO FOR THE Mr. STEVENS. Mr. President, I ask the provisions of House Concurrent OTHER APPOINTMENTS INDICATED HEREWITH: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF unanimous consent that the Senate Resolution 169 at 12 noon on Monday, CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE proceed to the immediate consider- October 20. I ask unanimous consent DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- ICA: ation of S. Res. 136, submitted today by that immediately following the prayer, AGENCY FOR INTERNATIONAL DEVELOPMENT Senators BIDEN, MACK, ABRAHAM and the routine requests through the morn- others. ing hour be granted; and that there RICHARD B. HOWARD, OF CALIFORNIA The PRESIDING OFFICER. The then be a period for the transaction of U.S. INFORMATION AGENCY clerk will report. morning business until the hour of 2:30 ROBERT JAMES BIGART, JR., OF NEW YORK The bill clerk read as follows: SUE K. BROWN, OF TEXAS p.m., with Senators permitted to speak CATHY TAYLOR CHIKES, OF VIRGNIA A resolution (S. 136) designating October for up to 5 minutes each. RENATE ZIMMERMAN COLESHILL, OF FLORIDA 17, 1997, as ‘‘National Mammography Day.’’ JAMES R. CUNNINGHAM, OF VIRGINIA The PRESIDING OFFICER. Without THOMAS E. FACHETTI, OF PENNSYLVANIA The Senate proceeded to consider the objection, it is so ordered. LINDA GRAY MARTINS, OF VIRGINIA NIKITA GRIGOROVICH-BARSKY, OF MARYLAND resolution. f SUSAN M. HEWITT, OF VIRGINIA Mr. STEVENS. Mr. President, I ask JOHN D. LAVELLE, JR., OF VIRGINIA PROGRAM JO ANN QUINTON-SAMUELS, OF FLORIDA unanimous consent that the resolution VINCENT P. RAIMONDI, OF NEW YORK and preamble be agreed to, en bloc; Mr. STEVENS. Mr. President, the RAYMOND E. SIMMERSON, OF MARYLAND ROBERT D. SMOOT, OF FLORIDA that the motion to reconsider be laid Senate will not be in session tomorrow, CAROL J. URBAN, OF THE DISTRICT OF COLUMBIA upon the table; and that any state- Friday, October 10. The Senate will re- PATRICIA L. WALLER, OF CALIFORNIA ments relating to the resolution appear convene on Monday, October 20, and at FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF 2:30, the Senate will resume consider- CLASS TWO, CONSULAR OFFICER AND SECRETARY IN at the appropriate place in the RECORD. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF The PRESIDING OFFICER. Without ation of the ISTEA legislation. How- AMERICA: objection, it is so ordered. ever, no votes will occur during the AGENCY FOR INTERNATIONAL DEVELOPMENT The resolution (S. 136) was agreed to. session of the Senate on Monday, Octo- CAREY N. GORDON, OF FLORIDA The preamble was agreed to. ber 20. Votes could occur as early as CECIL DUNCAN MC FARLAND, OF KENTUCKY The resolution, with its preamble, the morning of Tuesday, October 21. STEPHEN HUXLEY SMITH, OF NEW HAMPSHIRE reads as follows: The continuing resolution expires on U.S. INFORMATION AGENCY October 23. Therefore, the Senate will ERGIBE A. BOYD, OF MARYLAND S. RES. 136 TIMOTHY JAMES DODMAN, OF NEBRASKA Whereas according to the American Cancer be considering available appropriations SAMUEL G. DURRETT, OF VIRGINIA conference reports throughout the STANLEY E. GIBSON, OF OHIO Society, in 1997, 180,200 women will be diag- PAUL LAWRENCE GOOD, OF CALIFORNIA nosed with breast cancer and 43,900 women week the Senate returns from the Co- GAYLE CARTER HAMILTON, OF TEXAS will die from this disease; lumbus Day recess. BETTY DIANE JENKINS, OF VIRGINIA GERALD K. KANDEL, OF NEVADA Whereas in the decade of the 1990’s, it is es- f MARY A. MC CARTER-SHEEHAN, OF KANSAS timated that about 2,000,000 women will be MARGARET C. OSOSKY, OF THE DISTRICT OF COLUMBIA diagnosed with breast cancer, resulting in AUTHORITY FOR COMMITTEES TO DELORIS D. SMITH, OF MARYLAND nearly 500,000 deaths; FILE REPORTED LEGISLATION MICHELE ISA SPRECHMAN, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Whereas the risk of breast cancer increases Mr. STEVENS. Mr. President, I ask with age, with a woman at age 70 having CLASS THREE, CONSULAR OFFICER AND SECRETARY IN unanimous consent that committees THE DIPLOMATIC SERVICE OF THE UNITED STATES OF twice as much of a chance of developing the AMERICA: have until 7 p.m. this evening to file re- disease as a woman at age 50; AGENCY FOR INTERNATIONAL DEVELOPMENT Whereas at least 80 percent of the women ported legislation. The PRESIDING OFFICER. Without TIMOTHY H. ANDERSON, OF VIRGINIA who get breast cancer have no family history JOHN A. BEED, OF MARYLAND of the disease; objection, it is so ordered. PETER R. HUBBARD, OF CALIFORNIA

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GEORGE R. JIRON, JR., OF NEW MEXICO ALLEN BRUCE CRAFT, OF MARYLAND RICHARD T. MILLER, OF TEXAS CYNTHIA DIANE PRUETT, OF TEXAS DANIEL T. CROCKER, OF NEW CAROLINA GLENN ROY ROGERS, OF TEXAS ANNE ELIZABETH DAVIS, OF GEORGIA EXECUTIVE OFFICE OF THE PRESIDENT DAVID P. YOUNG, OF VIRGINIA SHIRLEY NELSON DEAN, OF VIRGINIA RICHARD W. FISHER, OF TEXAS, TO BE DEPUTY U.S. CHRISTOPHER JAMES DEL CORSO, OF NEW YORK TRADE REPRESENTATIVE, WITH THE RANK OF AMBAS- U.S. INFORMATION AGENCY LIBBURN S. DESKINS III, OF MISSOURI SADOR, VICE CHARLENE BARSHEFSKY. MIRIAM W. ADOFO, OF MARYLAND JOSEPH MARCUS DE TRANI, OF VIRGINIA SANDRA L. DAVIS, OF MARYLAND STEWART TRAVIS DEVINE, OF FLORIDA U.S. INTERNATIONAL DEVELOPMENT BARBARA J. DE JOURNETTE, OF NORTH CAROLINA PETER M. DILLON, OF MARYLAND COOPERATION AGENCY LONNIE KELLEY, JR., OF TEXAS MARK DUANE DUDLEY, OF VIRGINIA ELIZABETH A. DUNCAN, OF ILLINOIS DIANE M. LACROIX, OF NEW HAMPSHIRE THOMAS H. FOX, OF THE DISTRICT OF COLUMBIA, TO BE ELLEN M. DUNLAP, OF FLORIDA BARBARA L. MC CARTHY, OF VIRGINIA AN ASSISTANT ADMINISTRATOR OF THE AGENCY FOR IAN FALLOWFIELD DUNN, OF VIRGINIA INTERNATIONAL DEVELOPMENT, VICE HENRIETTA DEPARTMENT OF STATE EDITH D. EARLY, OF VIRGINIA HOLSMAN FORE. CYNTHIA C. ECHEVERRIA, OF ILLINOIS RHONDA J. WATSON, OF FLORIDA DAVID ABRAHAM EL-HINN, OF CALIFORNIA DEPARTMENT OF THE INTERIOR G. MICHAEL EPPERSON, OF MARYLAND FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ELIZABETH A. FERNANDEZ, OF VIRGINIA KEVIN GOVER, OF NEW MEXICO, TO BE AN ASSISTANT CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN ROMULO ANDRES GALLEGOS, OF ILLINOIS SECRETARY OF THE INTERIOR, VICE ADA. E. DEER, RE- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JAMES GARRY, OF THE DISTRICT OF COLUMBIA SIGNED. AMERICA: HEATHER GIFFORD, OF THE DISTRICT OF COLUMBIA SMALL BUSINESS ADMINISTRATION DEPARTMENT OF AGRICULTURE JAIME A. GONZALEZ, OF VIRGINIA ALISON E. GRAVES, OF VIRGINIA FRED P. HOCHBERG, OF NEW YORK, TO BE DEPUTY AD- JOSEPH M. CARROLL, OF THE DISTRICT OF COLUMBIA HARRIET ANN HALBERT, OF VIRGINIA MINISTRATOR OF THE SMALL BUSINESS ADMINISTRA- DAVID N. KIEFNER, OF PENNSYLVANIA DONOVAN JOHN HALL, OF VIRGINIA TION, VICE GINGER EHN LEW. DEPARTMENT OF STATE RUTH I. HAMMEL, OF OHIO ROBERT W. HENRY, OF VIRGINIA U.S. INFORMATION AGENCY ELLEN MACKEY HOFFMAN, OF VIRGINIA STEPHEN C. ANDERSON, OF MISSOURI CARL SPEILVOGEL, OF NEW YORK, TO BE A MEMBER OF DERECK J. HOGAN, OF NEW JERSEY ALINA ARIAS-MILLER, OF INDIANA THE BROADCASTING BOARD OF GOVERNORS FOR A TERM MIMI M. HUANG,OF MICHIGAN ROBERT LLOYD BATCHELDER, OF COLORADO EXPIRING AUGUST 13, 1999. (REAPPOINTMENT) ROBERT STEPHEN BEECROFT, OF CALIFORNIA GREGORY H. JESSEMAN, OF VIRGINIA DREW GARDNER BLAKENEY, OF TEXAS ANTHONY L. JOHNSON, OF VIRGINIA DEPARTMENT OF THE TREASURY RICHARD C. BOLY, OF WASHINGTON JOCELYN HERNRIED JOHNSTON, OF MARYLAND KATHERINE ANN BRUCKER, OF CALIFORNIA LAUREL M. KALNOKY, OF VIRGINIA DONALD C. LUBICK, OF MARYLAND, TO BE AN ASSIST- MARILYN JOAN BRUNO, OF FLORIDA MARGARET LYNN KANE, OF OHIO ANT SECRETARY OF THE TREASURY, VICE LESLIE B. SALLY A. COCHRAN, OF FLORIDA LAURA VAUGHN KIRK, OF VIRGINIA SAMUELS, RESIGNED. TAN VAN LE, OF MARYLAND STEPHEN A. DODSON, OF TEXAS DEPARTMENT OF LABOR CHRISTINA DOUGHERTY, OF VIRGINIA GABRIELLE T. LEGEAY, OF VIRGINIA PATRICK MICHAEL DUNN, OF FLORIDA MARK EDWARD LEWIS, OF VIRGINIA IDA L. CASTRO, OF NEW YORK, TO BE DIRECTOR OF THE SAMUEL DICKSON DYKEMA, OF WISCONSIN MARC DANIEL LIEBERMANN, OF MARYLAND WOMEN’S BUREAU, DEPARTMENT OF LABOR, VICE RUTA D. ELVIKIS, OF TEXAS MARVIN SUTTLES MASSEY III, OF VIRGINIA KAREN BETH NUSSBAUM, RESIGNED. LISA B. GREGORY, OF PENNSYLVANIA DOUGLAS JOHN MATHEWS, OF VIRGINIA KATHLEEN M. HAMANN, OF WASHINGTON MICHAEL H. MATTEI, OF VIRGINIA NATIONAL FOUNDATION ON THE ARTS AND THE JEFFREY J. HAWKINS, OF CALIFORNIA TIMOTHY JOHN MC CULLOUGH, OF VIRGINIA HUMANITIES LISA ANN HENDERSON HARMS, OF PENNSYLVANIA CHRISTOPHER ANDREW MC ELVEIN, OF VIRGINIA JOHN ROBERT HIGI, OF FLORIDA VICTOR MANUEL MENDEZ, OF VIRGINIA JOY HARJO, OF NEW MEXICO, TO BE A MEMBER OF THE ROBYN A. HOOKER, OF FLORIDA ANDREW BENJAMIN MITCHELL, OF TEXAS NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING RAYMOND ERIC HOTZ, OF KENTUCKY TREVOR W. MONROE, OF VIRGINIA SEPTEMBER 3, 2002, VICE WILLIAM E. STRICKLAND, JR., JAMES J. HUNTER, OF NEW JERSEY STEPHEN B. MUNN, OF ALABAMA TERM EXPIRED. BRIAN PATRICK MURPHY, OF VIRGINIA MARY B. JOHNSON, OF INDIANA IN THE COAST GUARD WENDY MEROE JOHNSON, OF CALIFORNIA PHILIP T. NEMEC, OF WASHINGTON LISA S. KIERANS, OF NEW JERSEY PAUL FRANCIS CROCKER NEVIN, OF FLORIDA THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT DOUGLAS A. KONEFF, OF FLORIDA STEPHEN P. NEWHOUSE, OF CALIFORNIA IN THE U.S. COAST GUARD RESERVE TO THE GRADE INDI- EVAN A. KOPP, OF CALIFORNIA DENISE E. NIXON, OF VIRGINIA CATED UNDER TITLE 14, UNITED STATES CODE, SECTION KIMBERLY CONSTANCE KRHOUNEK, OF NEBRASKA MAI-THAO T. NGUYEN, OF TEXAS 729: DANIEL J. KRITENBRINK, OF VIRGINIA LAWRENCE E. O’CONNELL, OF VIRGINIA TIMOTHY P. LATTIMER, OF CALIFORNIA ELIZABETH ANNE O’CONNOR, OF VIRGINIA To be rear admiral SUSAN M. LAUER, OF FLORIDA MICHAEL T. OSWALD, OF CONNECTICUT REAR ADM. (LH) J. TIMOTHY RIKER, 0000. JESSICA SUE LEVINE, OF MASSACHUSETTS KATHLEEN G. OWEN, OF VIRGINIA ALEXIS F. LUDWIG, OF CALIFORNIA TODD HAROLD PAVELA, JR., OF VIRGINIA @ To be rear admiral (lower half) NICHOLAS JORDAN MANRING, OF WASHINGTON RICHARD T. PELLETIER, OF MARYLAND PAUL OVERTON MAYER, OF KANSAS DAVID M. RABETTE, OF VIRGINIA CAPT. CARLTON D. MOORE, 0000. JAMES A. MC NAUGHT, OF FLORIDA DEBORAH L. REYNOLDS, OF VIRGINIA THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT STEPHEN HOWARD MILLER, OF MARYLAND PHILIP C. REYNOLDS, OF VIRGINIA IN THE U.S. COAST GUARD TO THE GRADE INDICATED MARGARET GRAN MITCHELL, OF MARYLAND SARA DARROCH ROBERTSON, OF VIRGINIA UNDER TITLE 14, UNITED STATES CODE, SECTION 271: JAMES D. MULLINAX, OF WASHINGTON WYLMA CHRISTINA SAMARANAYKE ROBINSON, OF VIR- NELS PETER NORDQUIST, OF MONTANA GINIA To be rear admiral MARK BRENDAN O’CONNOR, OF FLORIDA ELBERT GEORGE ROSS, OF VIRGINIA STUART EVERETT PATT, OF CALIFORNIA FRANCES S. ROSS, OF VIRGINIA REAR ADM. (1H) JOSEPH J. MC CLELLAND, JR., 0000. BETH A. PAYNE, OF VIRGINIA JAMES P. SANCHEZ, OF VIRGINIA REAR ADM. (1H) JOHN L. PARKER, 0000. JOAN A. POLASCHIK, OF VIRGINIA STELIANOS GEORGE SCARLIS, OF VIRGINIA REAR ADM. (1H) PAUL J. PLUTA, 0000. ASHLEY R. PROFAIZER, OF TEXAS JONATHAN ANDREW SCHOOLS, OF TEXAS REAR ADM. (1H) THAD W. ALLEN, 0000. JOHN ROBERT RODGERS, OF VIRGINIA NICHOLAS E. T. SIEGEL, OF CONNECTICUT THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT PAUL F. SCHULTZ III, OF VIRGINIA HOWARD SOLOMON, OF KANSAS IN THE U.S. COAST GUARD TO THE GRADE INDICATED DONALD MARK SHEEHAN, OF VIRGINIA ANNE R. SORENSEN, OF NEW YORK UNDER TITLE 14, UNITED STATES CODE, SECTION 271: ROGER A. SKAVDAHL, OF TEXAS SUSAN SCOPETSKI SYNDER, OF VIRGINIA PHILIP JOHN SKOTTE, OF NEW YORK DANA EDWARD SOTHERLUND, OF VIRGINIA To be rear admiral (lower half) ANTON KURT SMITH, OF ARKANSAS MICHAEL CHRISTOPHER SPECKHARD, OF VIRGINIA WILLARD TENNEY SMITH, OF TEXAS BONNIE PHILLIPS SPEROW, OF VIRGINIA CAPT. DAVID S. BELZ, 0000. SEAN B. STEIN, OF UTAH DAVID T. STADELMYER, OF VIRGINIA CAPT. JAMES S. CARMICHAEL, 0000. LESSLIE C. VIGUERIE, OF VIRGINIA WILLIAM M. SUSONG, OF VIRGINIA CAPT. ROY J. CASTO, 0000. PEGGY JEANNE WALKER, OF ARIZONA MARY G. THOMPSON, OF VIRGINIA CAPT. JAMES A. KINGHORN, 0000. BENJAMIN WEBER, OF NEW JERSEY MELANIE F. TING, OF VIRGINIA CAPT. ERROL M. BROWN, 0000. ALEXANDER TOUNGER, OF VIRGINIA KENNETH M. WETZEL, OF VIRGINIA IN THE NAVY STEPHANIE TURCO WILLIAMS, OF TEXAS W. JEAN WATKINS, OF FLORIDA SONYA ANJALI ENGSTROM WATTS, OF IOWA MARGRET G. WOODBURN, OF MINNESOTA THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT RICHARD MARC WEISS, OF VIRGINIA BARBARA ANN BOOTES YODER, OF FLORIDA IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- STEVEN J. WHITAKER, OF FLORIDA SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- U.S. INFORMATION AGENCY AUSTIN ROGER WIEHE, OF VIRGINIA BILITY UNDER TITLE 10, UNITED STATES CODE, SEC- SHELLY MONTGOMERY WILLIAMS, OF THE DISTRICT OF ELIZABETH A. CEMAL, OF VIRGINIA TIONS 601 AND 5035: COLUMBIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ERIC MARSHALL WONG, OF CALIFORNIA To be admiral SERVICE OF THE DEPARTMENT OF COMMERCE AND THE ROBERT P. WOODS, OF VIRGINIA DEPARTMENT OF STATE TO BE CONSULAR OFFICERS VICE ADM. DONALD L. PILLING, 0000. FOR APPOINTMENT AS CONSULAR OFFICER AND SEC- AND/OR SECRETARIES IN THE DIPLOMATIC SERVICE OF RETARY IN THE DIPLOMATIC SERVICE OF THE UNITED THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT THE UNITED STATES OF AMERICA, AS INDICATED: STATES OF AMERICA, EFFECTIVE JULY 12, 1994: IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- CONSULAR OFFICERS AND SECRETARIES IN THE DIP- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: U.S. INFORMATION AGENCY BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ROBERT LESLIE BARCO, OF VIRGINIA SUSAN ZIADEH, OF WASHINGTON 601: JENNIFER BARLAMENT, OF VIRGINIA To be vice admiral ROBERT H. BATES, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE MICHAEL RICHARD BELANGER, OF MARYLAND FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR VICE ADM. CONRAD C. LAUTENBACHER, 0000. RALPH W. BILD, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE TIMOTHY HAYES BOUCHARD, OF VIRGINIA CLASS INDICATED, EFFECTIVE OCTOBER 16, 1994: IN THE ARMY ÷ CAREER MEMBER OF THE SENIOR FOREIGN SERVICE NANCY E. BONE, OF VIRGINIA THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MARY SUSAN BRACKEN, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SELOR: AS PERMANENT PROFESSORS OF THE U.S. NAVY MILI- MARK B. BURNETT, OF CALIFORNIA TARY ACADEMY IN THE GRADES INDICATED UNDER GERALD CHEYNE, OF CONNECTICUT KENNETH ALAN DUNCAN, OF CONNECITCUT TITLE 10, UNITED STATES CODE, SECTION 4333: KAREN KYUNG WON CHOE, OF NEW YORK LYNN M. CLEMONS, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE To be colonel KENT E. CLIZBE, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR MICHAEL A. COLLIER, OF MARYLAND PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE RUSSELL D. HOWARD, 0000. TIMOTHY EDWARD CORCORAN, OF VIRGINIA CLASS INDICATED, EFFECTIVE NOVEMBER 28, 1993: ANDRE H. SAYLES, 0000. GLENN A. CORN, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE To be lieutenant colonel WHITNEY ANTHONY COULON, III, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ERIN JAMES COYLE, OF VIRGINIA SELOR: STEPHEN J. RESSLER, 0000.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 9801 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10829 CONFIRMATIONS POTENTIARY OF THE UNITED STATES OF AMERICA TO THE ABOVE NOMINATIONS WERE APPROVED SUBJECT THE REPUBLIC OF COSTA RICA. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- Executive nominations confirmed by CORINNE CLAIBORNE BOGGS, OF LOUISIANA, TO BE AM- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF CONSTITUTED COMMITTEE OF THE SENATE. the Senate October 9, 1997: THE UNITED STATES OF AMERICA TO THE HOLY SEE. NATIONAL CREDIT UNION ADMINISTRATION DEPARTMENT OF LABOR NATIONAL CREDIT UNION ADMINISTRATION YOLANDA TOWNSEND WHEAT, OF MISSOURI, TO BE A BOARD KATHARINE G. ABRAHAM, OF IOWA, TO BE COMMIS- MEMBER OF THE NATIONAL CREDIT UNION ADMINISTRA- SIONER OF LABOR STATISTICS, UNITED STATES DE- TION BOARD FOR THE TERM OF 6 YEARS EXPIRING AU- DENNIS DOLLAR, OF MISSISSIPPI, TO BE A MEMBER OF PARTMENT OF LABOR, FOR A TERM OF 4 YEARS. GUST 2, 2001. THE NATIONAL CREDIT UNION ADMINISTRATION BOARD DEPARTMENT OF STATE FOR A TERM EXPIRING APRIL 10, 2003. THE JUDICIARY

SUSAN E. RICE, OF THE DISTRICT OF COLUMBIA, TO BE DEPARTMENT OF STATE ANTHONY W. ISHII, OF CALIFORNIA, TO BE U.S. DIS- AN ASSISTANT SECRETARY OF STATE. TRICT JUDGE FOR THE EASTERN DISTRICT OF CALI- THOMAS J. DODD, OF THE DISTRICT OF COLUMBIA, TO MARTIN S. INDYK, OF THE DISTRICT OF COLUMBIA, TO FORNIA. BE AMBASSADOR EXTRAORDINARY AND PLENI- BE AN ASSISTANT SECRETARY OF STATE.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 9801 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY