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

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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, JANUARY 30, 1997 No. 10 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 4, 1997, at 12:30 p.m. Senate THURSDAY, JANUARY 30, 1997

The Senate met at 9:30 a.m. and was debate on the nomination of William Mr. MCCAIN addressed the Chair. called to order by the President pro Daley, to be Secretary of Commerce. The PRESIDING OFFICER. The Sen- tempore [Mr. THURMOND]. At the expiration of that debate ator from Arizona. time, the Senate will vote on the con- Mr. MCCAIN. Mr. President, soon the PRAYER firmation of that nomination. There- Senate will vote on the nomination of The Chaplain, Dr. Lloyd John fore, all Senators should expect a roll- William Daley to be Secretary of the Ogilvie, offered the following prayer: call vote this morning at approxi- Department of Commerce. Yesterday, Holy God, show us Your high intent mately 10 a.m. Senator LOTT has an- the Commerce Committee reported fa- and keep us from ever being easily con- nounced that this vote will be the last vorably Mr. Daley’s nomination by a tent. This is Your Nation; we are here rollcall vote of the week. However, the vote of 19 to 1. I hope the full Senate to serve You. Just as Daniel Webster Senate may be asked to consider addi- will also vote overwhelmingly for Mr. said that the greatest conviction of his tional executive or legislative matters Daley. The confirmation of nominees by the life was that he was accountable to that can be cleared. Senate is a duty prescribed by the Con- You, we press on with intentionality in f stitution. The advise-and-consent obli- the duties and deliberations of this gation given to the Senate in the Con- day. We want to know what You desire RESERVATION OF LEADER TIME stitution is an extremely important in everything we do and say. Make us The PRESIDING OFFICER (Mr. task. It should not and must not be aware that You are the unseen guest at KYL). Under the previous order, leader- taken lightly. At the same time, I be- every meeting, the silent observer of ship time is reserved. lieve that it is the President’s preroga- all our actions, and the careful listener f tive to appoint whomever he chooses to at every conversation. Heighten our administration positions and that such awareness not only of Your presence EXECUTIVE SESSION nominees should only be opposed and but also of Your power. Give us cour- The PRESIDING OFFICER. Under defeated if there is clear and compel- age to attempt what only You could the previous order, the Senate will now ling evidence that such nominee is help us achieve. Renew our enthu- go into executive session to consider unfit or unable to serve the Nation. siasm, reinvigorate our vision, revi- the nomination of William M. Daley, to Such decision should be made only talize our patriotism, replenish our be Secretary of Commerce. after exhaustive questioning of the strength. In the name of our Lord and f nominee and much soul searching. Saviour. Amen. Mr. William Daley has been asked by NOMINATION OF WILLIAM M. f the President to serve this Nation as DALEY, OF ILLINOIS, TO BE SEC- Secretary of the Department of Com- RECOGNITION OF THE ACTING RETARY OF COMMERCE MAJORITY LEADER merce. Three major lines of ques- The assistant legislative clerk read tioning were asked by the committee: The PRESIDENT pro tempore. The the nomination of William M. Daley, of What are Mr. Daley’s qualifications able acting majority leader, Senator Illinois, to be Secretary of Commerce. to serve as Secretary? What are Mr. MCCAIN, is recognized. The PRESIDING OFFICER. There Daley’s plans for the Department? And SCHEDULE will be 30 minutes for debate on this what are Mr. Daley’s policies that Mr. MCCAIN. Mr. President, on be- nomination to be equally divided be- would implement those plans? half of the majority leader, I would tween the chairman and ranking mi- Numerous questions regarding the like to announce today’s schedule. In a nority member of the Committee on Commerce Department have been moment, the Senate will proceed to ex- Commerce, Science, and Transpor- asked of the nominee. He has either ecutive session to begin 30 minutes of tation. fully answered the questions or has

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

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VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S824 CONGRESSIONAL RECORD — SENATE January 30, 1997 committed to providing the committee Let me reiterate that point. Based on He knows his subject of trade. He unan answer in a timely fashion. the evidence presented by all con- derstands the business needs. He is a Mr. President, I am particularly cerned to the committee, the nominee very strong individual. He came to the pleased to announce that the Depart- has engaged in no activity that would assignment immediately going over to ment will cut 100 political appointees cause this Member to vote against him. brief himself on the Department and, from its ranks. The Department has a In fact, the nominee has taken great as the distinguished chairman has al- staggering 256 political appointment steps to rebut all allegations and ex- ready pointed out, has announced, in positions available. Mr. Daley pledged plain the facts surrounding them. After unique form for a nominee, that he was to reduce that number by 100. He such explanations were forthcoming by going to downsize some of the duplica- should be strongly commended for this the nominee, the committee moved ex- tions there in the Department itself action. peditiously to approve this nomina- and make sure that the trips were Additionally, at his confirmation tion. made for industry and not for politics. hearing, Mr. Daley announced that all In closing, the Commerce Committee More than anything else, he is really foreign trade missions would be halted has looked into Mr. Daley’s qualifica- intent on reestablishing the morale of until the Department, in consultation tions and his fitness to serve, and we the Department with the loss of Ron with the Congress, develops a set of cri- believe he is a fine individual who will Brown who did an outstanding job as teria designed to ensure such missions make an outstanding Commerce Sec- the Secretary of Commerce. And I say are not politicized. We have all read retary. Mr. Daley has a tough road that advisedly because I have been at the press reports alleging that political ahead of him. But I am confident he is least through a dozen or so in the last quid pro quos were a part of such trade up to the task. He has already begun to 30 years and worked with them in that missions. Promoting U.S. products demonstrate the leadership necessary 30-year period, not only with respect to abroad and opening foreign markets to to move the Department into the next the authorization of the Department, U.S. business, not electoral politics, century. but the appropriations there. should be the only purpose of such mis- I look forward—and I know I speak Ron Brown did an outstanding job. sions. for all Members on my side of the Yes, there were some solicitations. Again, I am very pleased that Mr. aisle—to working with the new Sec- Thank heavens it was not solicitations Daley has agreed to work with the retary and wish him and his family the by Ron Brown like most Secretaries of committee to ensure that the occur- very best during their time here in Commerce. We had one Republican rences of the past do not happen again. Washington. Mr. President, I strongly Secretary of Commerce go to jail for I am very pleased that Mr. Daley has urge the Senate to confirm this nomi- his solicitations. If we have to get into agreed to refrain from preferential pol- nation. solicitations, I am going to be glad to itics. Discretionary money appro- I yield the floor. make the record. priated to the Department of Com- Mr. HOLLINGS addressed the Chair. But the spirit here is one of biparti- merce should be allocated based on a The PRESIDING OFFICER. The Sen- sanship in the support for Bill Daley. I set of standards and fair criteria that ator from South Carolina. was particularly impressed that not do not give special treatment to any Mr. HOLLINGS. I am delighted to only the distinguished Democratic Sen- specific locality or region. serve with my distinguished white- ators, Senator MOSELEY-BRAUN of Illi- Mr. Daley’s commitment in this area haired chairman. My wife says when I nois, and our distinguished colleague, is commendable. Mr. Daley has also appear on TV I look like a Q-Tip. Senator DURBIN of Illinois, were there pledged to act expeditiously on any re- Mr. President, next week the Presi- to present him in enthusiastic fashion, quests for information for files if asked dent of the United States will be deliv- but he was presented to the committee for by any congressional committee. ering his State of the Union Message. by none other than the chairman of the Mr. President, I think it is appro- The Union is in somewhat disrepair, in- House Judiciary Committee, the most priate for me to say that we all know tense disrepair, I might say, because respected HENRY HYDE of Illinois, and that there are serious allegations con- for 50 years after World War II, with the campaign manager for Robert cerning individuals who were part of the Marshall plan, we sacrificed our Dole’s Presidency, the former Sec- the Department of Commerce. Mr. economy. And it has worked. Cap- retary of Defense, Donald Rumsfeld. Daley is aware of those allegations. He italism has overcome communism. So we have the respect and con- is fully aware and appreciative of the They are going the way of freedom and fidence of the leadership in Chicago obligation that he has to refurbish the individual rights the world around and Illinois that really knows him image of that Department because of now. But it has been at quite a cost to best. And it is with that record here the activities of some. I am very con- our economic strength. that he comes. I am particularly en- fident that he is committed to doing so We have lost over 2 million jobs just thusiastic that President Clinton has and will be able to do so. He is an expe- in the past 10 years. Our manufac- made this appointment. I want to yield rienced, talented individual who I be- turing sector has gone from 26 percent now to our distinguished colleague lieve is very capable of carrying out of our work force down to 13 percent. from Illinois. that daunting task. Now is the time to rebuild. In order to Mr. DURBIN addressed the Chair. Last, Mr. Daley promised to recuse do that, we need a very strong Sec- The PRESIDING OFFICER. The Sen- himself from any issue that would retary. I am pleased that President ator from Illinois. present a conflict of interest and to Clinton has chosen an unusually strong Mr. DURBIN. I thank the Senator work to restore the integrity of the Secretary in the person of Bill Daley of from South Carolina for yielding. Commerce Department. Such a task Chicago. It is ironic that this is my first will certainly not be easy, but I believe The fact of the matter is, for many speech on the floor of the U.S. Senate it can and must be done. years now he has been a business lead- and that I am speaking on behalf of a For the record, Mr. President, some er, a business attorney, a banker, an gentleman whom I have known for 25 press reports have raised questions re- outstanding civic leader, in many re- years and one I am proud to support. I garding Mr. Daley’s past business and spects, and more particularly we know speak on my behalf and on the behalf political activities. Such reports infer him here in Washington as a special of the senior Senator from Illinois, that Mr. Daley or his family may have counsel to President Clinton on extend- Senator CAROL MOSELEY-BRAUN, in sup- benefited either personally or politi- ing the North American Free-Trade port of this nomination of Bill Daley to cally in certain circumstances. Those Agreement from Canada down to Mex- be our new Secretary of Commerce. press reports have been made part of ico. Necessarily, there was quite a dif- Bill Daley, of course, is well known the permanent committee record. All ference on this side of the aisle with rein the city of Chicago and across this such allegations were raised with the spect to that agreement, but be that as Nation. The Daley name carries with it nominee and found to either lack credi- it may, Bill Daley handled that with certain connotations of political lead- bility, be proven false, or were fully ex- thoroughness and with tact and with ership, mainly positive, maybe some plained to the satisfaction of the com- persistence. And it passed with strong negative on a national basis. But those mittee. bipartisan support. of us who know what the Daley legacy

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S825 has been in the State of Illinois feel Cabinet people and people in public the American worker have remained that it is overwhelmingly positive be- service. He will be tested to put to- stagnant. The average American now cause of the contribution that has been gether a team to bring about real re- earns 20 percent less today than he or made to our State, to the city of Chi- form in the Department of Commerce. she earned 20 years ago. The toll has cago, and to this Nation by the Daley Bill Daley is going to meet that chal- been most devastating in the manufac- family over the last few decades. It has lenge. I think he is going to rise to turing sector. Manufacturing now ac- been significant, significant in this re- that occasion. counts for a mere thirteen percent of spect: The Daley family has been will- I might speak to one other point be- our GNP, half that of Germany or ing to step forward into public service fore yielding back. During the course Japan. The most terrible price that we to face the slings and arrows that pub- of this hearing and investigation, ques- paid was the loss of 2 million manufac- lic figures face, and to lead. tions have arisen about the future of turing jobs, which were the backbone And they have led, led our great city the Department of Commerce. Some of the American economy. of Chicago forward, not only under have even questioned whether it should Having triumphed abroad it is now Mayor Richard J. Daley but now Rich- exist. I, for one, believe it plays a criti- time to rebuild at home. Restoring the ard M. Daley, and through the other cally important role. Now that the cold promise of America and rebuilding our members of the Daley family. war is behind us, we are engaged in a economy will require the same com- William Daley—Bill Daley as we new war of equal proportion—a war mitment and sacrifice that won the know him—has often been behind the over jobs, a war over opportunities, a cold war. The Commerce Department scenes, not on the center of the stage. war to find, I guess, for the next gen- should be at the forefront of this effort. Of course, when his father was mayor, eration of Americans, the same oppor- There are some, who in the name of he was a young man. Now that his tunities other generations have en- budget discipline, call for the Depart- brother is mayor, and he is in a capac- joyed. ment’s elimination. In an era in which ity to play a larger role, many times he We cannot step back and hope that economic and national security are has stepped to the side. He led in his our reputation as a Yankee trader will synonymous, eliminating the Com- own fashion, in his own way, and devel- be all that is needed for us to win in merce Department would be tanta- oped a reputation in Chicago, and I that war. We need to be on the front, in mount to unilateral disarmament. The think across this country, for leader- that battle, making certain that Amer- budget will not be balanced by political ship, not only the obvious, leading in ican workers and businesses are treat- gimmicks and symbolic gestures. Abol- the city, in community endeavors, ed fairly when it comes to world com- ishing the Commerce Department will charitable undertakings, making cer- merce. That is the job of the Depart- not make a dent in balancing the budg- tain there was some vision from the ment of Commerce, one of the more et; what it will do is put us at a com- business community about the future important responsibilities that it faces. petitive disadvantage in the global of Chicago, but on the national scene I hope the Department of Commerce is economy. as well. valued for that responsibility. It cer- In today’s new world economy Amer- It is interesting that when President tainly is, in my estimation. I know Bill ican firms and American workers com- Clinton faced one of his toughest chal- Daley feels the same. pete against foreign companies whose lenges in his first term, in passing His background in business, in bank- governments are allies of business, not NAFTA, a controversial issue even ing, in the practice of law, and in pub- adversaries. Where once we stood at within the Democratic party, that he lic policy, make him uniquely qualified the apex of the world economy, now no would turn to Bill Daley of Chicago to come to this job in the Department industry in America is immune from and say, ‘‘Come to Washington. Use of Commerce and to serve his Nation this intense foreign competition. your skills and leadership to help me well. I am happy to stand today in sup- In market after market, industry pass this important trade agreement.’’ port of this nomination. I hope that after industry, U.S. companies compete When the dust had settled and this body will join me in giving a solid against foreign companies that are the NAFTA had passed, even the critics of vote of support to the designation of beneficiaries of strategic alliances with NAFTA gave credit to Bill Daley and Bill Daley as our new Secretary of powerful ministries of trade and indus- said, ‘‘Here is a man who could be Commerce. try. Those who believe that govern- trusted.’’ His door was open. His word I thank the Senator from South ment has no role in supporting indus- was good. As I said at the Commerce Carolina for yielding me the time. try and American workers seek to re- Committee, he showed the skills of a Mr. HOLLINGS. Mr. President, Mi- write history and ignore the realities playmaker like Michael Jordan, whose chael Jordan makes his money in Chi- of the new international competition. name may be known to even the Sen- cago, but he spends it in South Caro- In the new global economy, the line be- ator from South Carolina. We are lina. We welcome him down there regu- tween public sector and private sector proud of the fact that Bill Daley has larly. I think he is a property owner by is at times indistinct. served this country well. We think this now in Hilton Head. I will check it out, Our competitors nurture industrial designation of Bill Daley as the Sec- because that would be one of the few development through rigged capital retary of Commerce creates another votes I could get on Hilton Head. markets, generous subsidies, infant in- opportunity for him to serve his Nation Mr. President, the appointment of dustry protection, and favorable export well. William Daley to head the Department incentives. The invisible hand of the It is no surprise that the Department of Commerce comes at a critical junc- free market did not develop Korea’s of Commerce has been under the spot- ture in our history. We have emerged world class semiconductor industry. In- light in the last several months, and triumphant from our long struggle stead it was the iron fist of decrees laid some questions have been raised, and I against the forces of tyranny and total- down by Korea’s Ministry of Trade, think deservedly so. itarianism. Our victory in the cold war which kept out foreign competition un- I want to salute my colleague from was secured through the commitment less they licensed technology to Ko- Arizona, Senator MCCAIN, for noting and sacrifice of the American people, rean companies. The iron fist was com- that there is need for reform in the De- who willingly subordinated their eco- plemented by the largesse of Korea’s partment of Commerce. I say to Sen- nomic interests to sustain the alliance Finance Ministry which provided low ator MCCAIN, we could not choose a against Soviet expansionism. It was ac- interest loans to foster the develop- better person than Bill Daley to bring cess to the rich American market that ment of its industries. about real reform, because he is a pro- enabled our allies to rise from the The invisible hand of the market did fessional. ashes and rebuild their economies. For not create Airbus, nor does it guide the I have to also note the Senator’s four decades the American market ab- development of the faster growing comments about investigations into sorbed the world’s exports while our economies in the Pacific rim, which questions about his background have exporters confronted closed markets are following the Japanese model of de- shown that they were fine, that he abroad. Our generosity has taken a tre- velopment. The irony is that the mar- comes to this job with the level of hon- mendous toll on the American econ- ket alone was not responsible for the esty and integrity that we expect of omy. For the past 20 years wages for development of our own industrial

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S826 CONGRESSIONAL RECORD — SENATE January 30, 1997 base. From Alexander Hamilton’s ‘‘Re- to denigrate public servants, this nomi- petitive opportunities for the private port on Manufactures,’’ to the revolu- nee knows how effective government sector, and helps the private sector ob- tion in information technology initi- can change people’s lives for the better. tain the information it needs to realize ated through research conducted by I urge my colleagues to vote to con- its competitive potential. the Department of Defense, our eco- firm this excellent appointment. The Department’s mission goes be- nomic strength has been fortified by a Mr. President, let me emphasize once yond the dry names of its subagencies. symbiotic relationship between govern- again the point made by both our dis- It is part of the foundation of our econ- ment and the private sector. tinguished chairman and distinguished omy. It helps open doors abroad for The strong Commerce Department is colleague, Senator DURBIN. The Com- U.S. exporters. It helps us know where an essential prerequisite for competing merce Department has got to be in this we stand, and where we might be going. in the global economy. The Commerce front line now of rebuilding our eco- It gives us the kind of data that helps Department, through its technology nomic strength—a very, very impor- both American business and American administration, plays a crucial role in tant division within the Department, workers achieve a brighter, more pros- developing the critical technologies of foreign commercial services, the Inter- perous future. It is an advocate for eco- the future. Although the National In- national Trade Administration. The nomic growth, and helps build the kind stitute for Standards and Technology consensus, I should emphasize to my of broader, stronger trade links on [NIST] accounts for only 1 percent of friends, that while we are spending which our future economic success in the U.S. research and development some $600 million, in a couple of years no small part depends. budget—it is the principal program that budget that is getting ready for Bill Daley has the background, the dedicated to fostering critical tech- the next millennium that everyone is talent, the integrity, the energy, and nologies that have a commercial appli- talking about, that budget will jump to the determination to ensure that the cation. U.S. companies face great pres- $1.5 billion. I can see some saying, Commerce Department reaches its full sure to deliver short run returns for ‘‘Heavens above, this is a runaway De- potential as an asset for U.S. economic the fund managers who dominate partment.’’ But these endeavors cost, growth. He is the ideal person to build America’s capital markets. As the Wall and we want to make sure that they do on the great work done by Mickey Street Journal noted, ‘‘the biggest U.S. a credible job, as they have been doing, Kantor and the late Ron Brown. companies have cut back sharply on rein my opinion. His past accomplishments dem- search into ‘basic science’ to pursue We have the very strong divisions in onstrate what he will be able to short term goals * * *.’’ This alarming there with respect to the Economic De- achieve as Secretary. He is a real lead- trend did not go unnoticed by the velopment Administration that has er, both in Illinois and nationally. He Council on Competitiveness, which worked extremely well over the years has a strong record in the private sec- noted, ‘‘Long-term investments rates now, and the Department has a group tor, and an equally strong record in as a percentage of GDP are falling just of the best professionals with respect public and civic affairs. His re´sume´ is a when Asian and European competitors to this global competition. When the distinguished one. It includes serving are ramping up their R&D programs.’’ special trade representative, when the as: President and chief operating officer This is why it is crucial that we main- State Department and others come and of the Amalgamated Bank of Chicago; tain our Advanced Technology Pro- try to learn the facts, it is our Depart- Special counsel to the President for gram. It enables industry and government of Commerce that furnishes the the North American Free-Trade Agree- ment to join forces in carrying out weaponry, so to speak, the statistics, ment in the fall of 1993, helping Presi- broad-based, long-term, peer-reviewed the findings, and everything else as to dent Clinton achieve passage of that projects that could have large payoffs exactly where we are and how well we major trade agreement; down the road. Eliminating the Gov- are doing to give them credibility in A senior partner at one of Chicago’s ernment’s role in technological devel- their negotiations. most prestigious law firms, Mayer, opment will consign our economy to So, to have the brilliance of Bill Brown & Platt; and second-rate status. Furthermore, it Daley of Chicago come to head up the Cochair of Chicago 96, the non- would allow Asians and Europeans to Department, the conscientious nature partisan, not for profit host committee dominate the emerging technologies that he has already displayed with re- that so successfully oversaw the city which will create the jobs of the future. spect to taking over these duties is and community planning for the 1996 Not only does the Commerce Depart- heartening to this particular Senator, Democratic Convention in Chicago. ment play a critical role in fostering and I am delighted to be with our dis- Bill Daley was born and raised in Illi- technology, it plays an equally impor- tinguished chairman in endorsing his nois, and he was also educated in Illi- tant role in protecting U.S. industries nomination. nois. His undergraduate degree is from from the predatory trade practices that Ms. MOSELEY-BRAUN. Mr. Presi- Loyola University in Chicago, and he have crippled many of our domestic in- dent, I am very pleased to be able to holds a L.L.B. from the John Marshall dustries. Vigorous enforcement of our speak on behalf of the nomination of Law School in Chicago. antidumping laws is crucial to main- William M. Daley to be the Secretary If I may be permitted a moment of taining our standard of living. Far too of Commerce. At the outset, I want to regional chauvinism, I will say that often our competitors have hidden be- congratulate the President for select- Bill Daley has all the Midwestern vir- hind a citadel of protection in their ing Bill Daley. I do not believe he could tues. He has an uncommon amount of home markets while simultaneously have made a better choice to lead the common sense, he is an extremely hard flooding our economy with illegally Department of Commerce into the new worker, he is unpretentious, his life ex- dumped products. A Commerce Depart- century. emplifies the kind of family values we ment that aggressively enforces our The Department of Commerce has a talk about so much here in Wash- trade laws will enable U.S. companies long and distinguished history, but it ington; and he is always focused on to sustain their investment in stra- is a department that sometimes seems getting the job done. He is a skilled tegic technologies and keep jobs at to lack focus. Its mission includes lawyer, an extraordinary negotiator, home. things as diverse forecasting the and an executive of rare ability. He has Strengthening the Commerce Depart- weather, handling patents and trade- the kind of good judgment that makes ment will require a strong Secretary. marks, conducting the census, travel him a person who is always being Bill Daley fits that description. He has and tourism, and international trade. called on for help, and he has never been both a civic leader and a business What brings all of these diverse sub- failed to provide that help. And while leader. Those of us who opposed jects together however, is one over- most of his career has been in the pri- NAFTA know him as a worthy adver- riding mission: assisting Americans in vate sector, he has unstintingly given sary, a man who gets things done. More enhancing the competitiveness of the of his time to public and charitable important, Bill Daley is a man who un- United States in the world economy. causes. Like his brothers, and his fa- derstands what a privilege and an The Department of Commerce does not ther before him, he has a real commit- honor it is to be a public servant. While control the competitiveness of our ment to public and community service. it may be fashionable in some quarters economy, but its work opens up com- Like all of the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S827 other members of his family, he is With nearly one-fourth of our gross lieve his lifelong experience in the pri- deeply patriotic, and dedicated to domestic product resulting from ex- vate sector and strong record of public doing everything he can to help all of ports and with more than 11 million service will provide him with an ex- our people and every part of our coun- workers owing their jobs to their em- traordinary range of skills that make try build an ever-brighter, ever-more ployer’s overseas business, Mr. Daley’s him unquestionably qualified for this prosperous future. work as Secretary of Commerce will be position. Bill Daley has the talent to manage a felt nationwide. First, he will bring a business per- large, diverse organization like the De- Mr. President, I yield the floor. spective to the Department of Com- partment of Commerce, and he is the Mr. BROWNBACK. Mr. President, it merce. From the insurance industry, to kind of person that will make the De- is with regret that I announce that a law practice that specialized in inter- partment run more efficiently and ef- today I will be voting in opposition to national trade, to serving as president fectively. He understands business, and the nomination of William M. Daley to of the Amalgamated Bank, William he knows how important it is for the the position of the Secretary of the Daley understands the needs of the pri- United States to compete successfully U.S. Department of Commerce. While vate sector. in the world economy. Mr. Daley’s character and his distin- As a special counsel to President This is a time of enormous change, guished career in public service dem- Clinton during the debate over the not just in our economy, but also in onstrate that he has the qualifications North American Free-Trade Agree- the Commerce Department. I cannot for the position to which he has been ment, he also demonstrated an ability think of a person better suited to mak- nominated, these qualifications are to work with lawmakers on both sides ing the necessary reforms so that the necessary, but in and of themselves, of the aisle and was instrumental in se- Commerce Department can success- not sufficient to merit my vote. curing its congressional approval. fully meet the challenges of the new My chief concerns regarding Mr. And finally, William Daley believes century that will soon be upon us. I Daley’s suitability for the position rein the responsibility of the Department know he will make a first-rate Sec- flect: First, questions over his willing- of Commerce to enhance the competi- retary of Commerce, and I strongly ness and commitment to deal with cor- tiveness of American companies in the recommend that the Senate act expedi- porate welfare in the agency; and sec- global marketplace. He knows that our tiously and favorably on his nomina- ond, his commitment to engage in the economy cannot grow without the tion. fundamental overhaul of a Department strength of new ideas and a lasting Mr. DOMENICI. Mr. President, I rise whose management practices and many commitment to the risk takers who de- to express my support for the con- missions have been called into question velop them. firmation of Mr. William Daley as the by numerous reports by the Depart- As a successful businessman and a next Secretary of Commerce. ment’s inspector general and by the dedicated public servant, I am con- I am glad to learn that Mr. Daley General Accounting Office. fident that William Daley will build on recognizes the need to streamline the Corporate welfare has no place in the legacy of Mickey Kantor and the Commerce Department and that he is this Government today. Mr. Daley gen- late Ron Brown, whose tireless efforts willing to perform a top to bottom re- erally agrees we should not have cor- created countless new opportunities for view of its agencies and programs to porate welfare in the Federal Govern- American companies around the world. ensure productivity and efficiency. In ment. However, he disagrees with the As Commerce Secretary, William addition, I am hopeful that Mr. Daley appropriate definition of corporate wel- Daley will be an energetic promoter of will address the numerous concerns fare. I asked repeatedly for a specific our business interests, a skilled nego- which have hampered this Depart- commitment from him to study wheth- tiator in opening new markets, and a ment’s effectiveness in the recent past er corporate welfare was being doled visionary who believes in the value of and that he will strive to restore the out by the agency. He was unwilling to researching and developing new prod- Department’s good reputation. do so, although he made a similar com- ucts and ideas. As we enter into the 21st century, mitment with respect to the issue of I look forward to working with him America must make new strides to en- foreign trips conducted by the agency. in advancing the interests of the Amer- sure its strong standing in the ever My second concern is the ican business community in the years growing global economy. We must con- redundancies at the Department of ahead. tinue to further our ties with foreign Commerce. According to a recent GAO Mr. KERRY. Mr. President, I am nations and businesses so that our study the Department of Commerce pleased to support Bill Daley to be the economy will continue to be the engine functions are duplicated 71 times next Secretary of Commerce. In his ap- that drives the world’s prosperity. throughout the Federal Government. I pearance before the Senate Commerce Although our economy continues to discussed this problem with Mr. Daley Committee, Mr. Daley impressed me grow yearly, I believe we should be during the hearing. He stated that he and other members with his energy, his concerned with how slow that rate of would consider the issue, but made no enthusiasm, and his firm grasp of the growth has been. Small businesses are specific commitments as to when he challenges faced by American compa- the backbone of our national economy would address the issue nor in what nies attempting to compete in the and I am hopeful that Mr. Daley will quantity. He would not commit to re- world marketplace. In my view, Mr. focus more attention on promoting the port to Congress within 6 months or 1 Daley demonstrated that he possesses role of small business in foreign trade. year on these known redundancies nor the qualities, energy, and instincts With only 12 percent of our small busi- would he commit to cutting back the necessary to be a successful Secretary, nesses participating in foreign mar- number of redundancies by a minimum and to lead the Commerce Department kets, I believe we have to focus more of even 10 percent. He did make such into the 21st century. attention and resources to promoting specific commitments regarding polit- We all regret that, in recent years, their interests worldwide. ical appointees, which he agreed to re- the Department of Commerce has be- As it did with NAFTA and GATT, we duce by 100. come the target of a great deal of criti- need the Commerce Department to Because Mr. Daley has refused to cism. Though some of this criticism continue to open new markets. Addi- make specific commitments to address may be warranted, in my view most of tionally, the Department of Commerce these problems I do not support his the criticism is not aimed at creating a must ensure that our trade partners nomination. The next Secretary of better or more efficient Department comply with the promises set forth in Commerce should be someone who rec- but instead is an attempt to sacrifice all such agreements. As competition ognizes the seriousness of these prob- valuable and important Federal activi- around the world becomes stronger by lems, and who is committed to address- ties for short-term ideological and par- the day, the Department of Commerce, ing them. tisan gain. Nevertheless, I applaud Mr. under its new Secretary, must strive to Mr. DASCHLE. Mr. President, I rise Daley for his forthright acknowledg- guarantee a level playing field to en- today to congratulate William Daley ment of the criticism and his commit- sure the economic future of the Amer- on his nomination to be Commerce ment to address several of the concerns ican people. Secretary of the United States. I be- raised. His pledge to review the process

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S828 CONGRESSIONAL RECORD — SENATE January 30, 1997 by which persons are selected to ac- Committee, I have every confidence of war we are in. But the problem has company Department officials on trade that Mr. Daley understands and appre- been, I point out, that there has been a missions abroad and his promise to re- ciates this unique mission. I support lack of coordination and coherence to duce the number of political appointees his confirmation, and I urge my col- the conduct of these policies, where on at the Department are a strong testa- leagues to do the same. the one hand we send our human rights ment of the sincerity of Mr. Daley’s Mrs. BOXER. Mr. President, I am de- secretary from the State Department, commitment. lighted that the Senate will give its ap- who bashes this particular country, in From conversations with leaders of proval today to the nomination of Wil- this one case, China, on human rights the Massachusetts business commu- liam M. Daley to be Secretary of Com- violations; and then our Secretary of nity, and especially with those who run merce. Defense goes over, a very close and the small businesses that are the en- Mr. Daley is with the Chicago, IL, warm relationship with their military gines of economic growth in my State, law firm of Mayer, Brown & Platt. He establishment—who, also, by the way, there is broad support for the functions previously served as the president and run many of these companies and cor- performed by the Commerce Depart- chief operating officer of Amalgamated porations in China; and then our Com- ment, and there is near unanimous Bank of Chicago, and as special counsel merce Secretary goes over and has an agreement that the U.S. Government to the President for the North Amer- entirely different environment. must aggressively assist U.S. compa- ican Free-Trade Agreement. I believe I think the President of the United nies attempting to develop and utilize Mr. Daley’s background and experi- States understands better, but not new technologies, and enter new mar- ences will be of tremendous benefit to completely, the absolute requirement kets overseas. Small and emerging America’s businesses as they navigate that if we are going to have a coherent companies in Massachusetts have bene- their way through the global economic foreign policy, which is probably the fited greatly from several Commerce marketplace in which they now oper- most important, single, fundamental programs. The Advanced Technology ate. conduct of foreign and trade policy, Program and the Manufacturing Exten- It is particularly important to my then we all have to have a coordinated sion Service are both excellent exam- home State of California that the De- effort, led by the President of the ples of government making smart in- partment of Commerce have a strong United States. Yes, human rights plays vestments in emerging companies. The and effective leader. Bill Daley will be an important role in our relations with evidence for both of these programs such a leader. foreign countries; yes, in the further- demonstrates that each dollar invested California is the Nation’s leading ex- ance of the United States’ national se- generates many more in return. The porter. Last year, California accounted curity interests; yes, providing access same is true for the programs adminis- for 16 percent—$90 billion—of the Na- and an equal playing field for U.S. com- tered by the Trade Promotion Coordi- tion’s exports, an increase of almost panies and corporations to compete, es- nating Committee and the U.S. Foreign $14 billion over the 1994 levels. This tre- pecially in emerging nation markets, is Commercial Service. The one-stop-shop mendous amount of exports supported important, but there cannot be discord- trade center in Boston has helped hun- approximately 1 million Californian ant voices and disjointed messages to dreds of New England companies de- jobs. From the period 1987 to 1995, Cali- these people, otherwise they become velop and expand markets overseas. Fi- fornia realized the largest dollar confused and sometimes enraged, be- nally, the Economic Development Ad- growth in merchandise exports—$59.1 cause you cannot tell the rulers of ministration remains one of the few re- billion—of any State. As a member of China, ‘‘By the way, I have no relation- sources that cities can call on for cap- the International Finance Sub- ship whatever.’’ ital planning or capital project assist- committee, I look forward to working On one occasion they were told by ance that will boost their economies with Secretary Daley on the issue of our State Department that the Presi- and create jobs. For this reason, the exports and on a host of other issues of dent of Taiwan would not visit the EDA must be maintained and strength- importance to the businesses in my United States of America. Two weeks ened. home State of California. later it was announced that the Presi- A vital but not-as-well-known arm of In addition to the issues facing Cali- dent of Taiwan was being given a visa the Commerce Department is the Na- fornia businesses, there are also many to visit the United States of America. tional Oceanic and Atmospheric Ad- significant and important issues, and Now, I could argue both sides of that ministration. I consider NOAA to be challenges, facing our Nation as a position, but I cannot argue for that one of the Federal Government’s pre- whole as we move forward into the 21st methodology. There is no excuse for mier scientific research and resource century and begin to shift from an in- that kind of methodology. You either management agencies, with responsi- dustrial base to a technological base in say and make sure that the President bility for the stewardship of our ma- an information society. Bill Daley has of Taiwan visits the United States or rine resources, management of our the know-how, vision, and leadership you say that he will not—one of the coastal zone, and operation of the Na- necessary to effectively guide us across two. But especially when we are talk- tional Weather Service, environmental the bridge into the 21st century. ing about the power shift that is going satellite systems and a fleet of oceano- Mr. MCCAIN. Mr. President, it is the on right now, a transition, with the graphic research vessels. These oceanic wish of the majority leader that we not leader who has taken longer to die and atmospheric programs are a crit- vote until 10 o’clock. I do not have a than the Ayatollah Khomeini, and ical component in the integrated effort lot of additional comments to make emerging, if not aggressive, certainly to study and maintain the Earth’s eco- about the nominee that I did not al- assertive behavior in the region, trade system. ready make. has an important role. But it has got to Other Commerce agencies, such as I appreciate the overall broad bipar- be part of an overall foreign policy. the National Institute of Standards, tisan support that has been given this That has been and will be my major the Census Bureau, and the Patent and nominee. I think he appreciates it as criticism of this administration’s con- Trademark Office perform missions well. Because of the importance of duct of foreign policy. that are necessary to our economic and working on these issues on a non- I am pleased to say from my con- governmental functioning. In my view, partisan basis, the issue that Senator versations with Secretary Daley that the Commerce Department is in a DURBIN and Senator HOLLINGS raise he understands that. He understands unique position with responsibility for about trade are accurate. how important it is to coordinate his trade, technology, and environmental I point out to my colleagues, yes, the efforts with those of the President, the matters, and this presents Mr. Daley Department of Commerce and Sec- Secretary of State, the National Secu- with a special opportunity: to success- retary of Commerce has a very impor- rity Adviser and others so we can shape fully integrate U.S. policy on economic tant role to play in the conduct of a far more effective foreign policy, and environmental issues. After fol- trade and fostering relations and help- which at the end of the day will help us lowing his impressive career and after ing U.S. businesses compete abroad, immeasurably in our efforts in increas- carefully listening to his recent testi- and I also appreciate the Senator from ing trade than some of the kinds of mony before the Senate Commerce Illinois’ comments about the new kind modus operandi we have seen in the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S829 past. I am convinced our nominee has The PRESIDING OFFICER. The The majority leader is recognized. that understanding and that commit- clerk will call the roll. f ment. Mr. MCCAIN. I ask unanimous con- I was interested and appreciated my sent that the order for the quorum call MORNING BUSINESS dear friend’s, Senator HOLLINGS, com- be rescinded. Mr. LOTT. Mr. President, I ask unan- ments about Mr. Daley’s efforts on be- The PRESIDING OFFICER. Without imous consent that the Senate begin a half of NAFTA. I do believe that Mr. objection, it is so ordered. period for the transaction of morning Daley did a very effective and impor- Mr. MCCAIN. I ask for the yeas and business, with Senators permitted to tant job in that effort. I know that nays on the nomination of William speak for up to 10 minutes each. both my colleagues here on the floor Daley as Secretary of Commerce. The PRESIDING OFFICER. Without were aware of his effort at that par- The PRESIDING OFFICER. Is there a objection, it is so ordered. ticular point, showing his ability to sufficient second? f work with the Congress of the United There appears to be a sufficient sec- States on both sides of the aisle. ond. ORDER OF PROCEDURE I yield the floor. The yeas and nays were ordered. Mr. LOTT. Mr. President, for the in- Mr. HOLLINGS. Mr. President, the The PRESIDING OFFICER (Mr. formation of all Senators, there will be problem of China is most frustrating. I SMITH). The question is, Will the Sen- no further rollcall votes this week. The guess the question is, how best do we ate advise and consent to the nomina- Senate is expected to be in session into extend freedom and individual rights in tion of Andrew M. Cuomo, of New the afternoon for Senators to introduce a country of that kind? It is very dif- York, to be Secretary of Housing and legislation and to make statements. ficult for a nation with a 220-year his- Urban Development? On this question, We have had indications that there are tory to tell a culture and nation of the yeas and nays have been ordered, some Senators who intend to do that. 3,000 to 5,000 years of age what to do and the clerk will call the roll. The Senate may also be asked to and how to do it, particularly a coun- Mr. NICKLES. I announce that the clear a few routine Legislative and Ex- try, Mr. President, of 1.2 billion. Senator from Missouri [Mr. BOND], the ecutive Calendar items. We do have a If you have ever dealt with China, Senator from New York [Mr. D’AMATO], few we think we will be able to get you understand immediately that and the Senator from Texas [Mrs. cleared and complete those this after- human rights begins, first, with hun- HUTCHISON] are necessarily absent. noon. ger. That is the first human right in The PRESIDING OFFICER. Are there Following the conclusion of today’s the People’s Republic. They have to any other Senators in the Chamber de- session, it is anticipated that the Sen- feed 1.2 billion. The second human siring to vote? ate will be in recess tomorrow and a right is that of housing. The third The result was announced—yeas 95, pro forma session on Monday. human right is perhaps education. The nays 2, as follows: It is my understanding the Judiciary fourth human right is ours—one man, [Rollcall Vote No. 4 Ex.] Committee will order reported today one vote. If you start off on the other YEAS—95 from their committee the constitu- end of the spectrum, one man, one Abraham Feinstein Mack tional amendment with respect to a vote, you have chaos. I say that ad- Akaka Ford McCain balanced budget. Allowing for the 3-day visedly. Allard Frist McConnell requirement for minority members to Ashcroft Glenn Mikulski I wish I had the time as a southern submit their minority views, it is then Governor, because I stand with pride— Baucus Gorton Moseley-Braun Bennett Graham expected the Judiciary Committee no life was lost, no one was hurt during Moynihan Biden Gramm Murkowski would be able to report the constitu- my 4 years. I integrated, as the distin- Bingaman Grams Murray tional amendment to the Senate on guished president pro tempore’s alma Boxer Grassley Nickles Breaux Gregg Reed Monday. If that is the case, and the re- mater, Clemson University, in a peace- Bryan Hagel Reid port could be available by late after- ful fashion. We have a track record. We Bumpers Harkin Robb noon on Monday, it would be my inten- Burns Hatch know how you have to handle crowds Roberts Byrd Helms tion to turn to the constitutional and make sure no one is hurt. Rockefeller Campbell Hollings amendment with respect to a balanced That approach to China with respect Roth Chafee Hutchinson budget on Wednesday, February 5. to commercialization and capitaliza- Cleland Inouye Santorum tion, I think, is going to be better than Coats Jeffords Sarbanes I remind my colleagues, we will have Sessions confrontation. It is good to come and Cochran Johnson the State of the Union Address by the Collins Kempthorne Shelby President on Tuesday night, the 4th, say we will not trade with you unless Smith, Bob Conrad Kennedy and we expect to receive the Presi- you do A, B, and C; however, the others Coverdell Kerrey Smith, Gordon are going to trade with them. It is a Craig Kerry Snowe dent’s budget submission on Thursday, Specter nonstarter. It just will not work. The Daschle Kohl February 6. So next week will be event- DeWine Kyl Stevens ful. Germans, the French, and the Japanese Dodd Landrieu Thomas are in there like gangbusters, and we Domenici Lautenberg Thompson We will continue to work to clear cannot use that particular tool. Dorgan Leahy Thurmond nominations just from getting reports The bottom line, you can look at Durbin Levin Torricelli from various committees. It looks to Enzi Lieberman Warner me like there could be a minimum of democratic India and its approach and Faircloth Lott Wellstone you can look at the People’s Republic Feingold Lugar Wyden two or three more Presidential nominations—I think all of them are Cabi- and you may reason that perhaps the NAYS—2 net level—that may be available next People’s Republic approach will extend Brownback Inhofe more housing, more feeding, more edu- week. We will try to work those into cation in the next 10 or 20 years than NOT VOTING—3 the schedule as soon as they are avail- the democratic India. It is going to be Bond D’Amato Hutchison able, presumably Wednesday and interesting to follow. The nomination was confirmed. Thursday, on those nominations and But mind you me, China is there. Mr. LOTT. Mr. President, I suggest confirmations. They feel very strongly with respect to the absence of a quorum. I yield the floor, Mr. President, and I Taiwan, to Hong Kong and those pos- The PRESIDING OFFICER. The suggest the absence of a quorum. sessions that have been taken from clerk will call the roll. The PRESIDING OFFICER. The them, and their stand has been recog- The legislative clerk proceeded to clerk will call the roll. nized by us in our foreign policy. We call the roll. The legislative clerk proceeded to have to be more realistic in its treat- Mr. LOTT. Mr. President, I ask unan- call the roll. ment. I yield the floor. imous consent that the order for the Mrs. BOXER. Mr. President, I ask The PRESIDING OFFICER. All time quorum call be rescinded. unanimous consent that the order for of the Senator has expired. The PRESIDING OFFICER (Mr. the quorum call be rescinded. Mr. MCCAIN. Mr. President, I suggest ENZI). Without objection, it is so or- The PRESIDING OFFICER. Without the absence of a quorum. dered. objection, it is so ordered.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S830 CONGRESSIONAL RECORD — SENATE January 30, 1997 ROYALTIES FROM CRUDE OIL the subpoenas, but five are fighting our people need and deserve, we are Mrs. BOXER. Mr. President, I want them. So I feel, Mr. President, this is going to have to control spending. We to brief the Senate on an issue that is an issue that deserves attention. cannot balance the budget by simply gaining steam in my home State of I am very pleased that Cynthia exempting the largest program of the California, because, if it is resolved, it Quarterman, the Director of the Min- Federal Government from the budget. will result in about $80 million going eral Management Services, and Bob And the idea of saying that in the fu- directly into the school system in Cali- Armstrong are working on this case. ture, when Social Security is running fornia to help the children there. They are going forward to collect these huge deficits, it will not count as part This issue involves the underesti- sums. They have written a new rule so of the budget, it seems to me, is not mation by oil companies of royalties that in the future there will not be any only shameless but is typical of an era that they owe the Federal Government confusion about what is owed. where our own President in this year’s from crude oil that they have pumped. So I look forward to a successful con- budget is proposing that we take the They have underestimated these royal- clusion, and I really do think if the single fastest growing item in Medi- ties and have been sent a bill by the people of this country and citizens of care, home health care, that we take it Department of the Interior, and they California write to these oil companies, out of the Medicare trust fund in order have not yet paid. maybe we will see some of these pay- to make the books look better. I do not At this point the amount owed is $385 ments. think you have to have much imagina- million. We expect it will go up to $440 Thank you very much, Mr. President. tion to understand that, if you do not million. I yield the floor and suggest the ab- count the deficit of Social Security in Ten oil companies, the largest one sence of a quorum. the future, not only will we have no in- being Shell, have been sent their bills. The PRESIDING OFFICER. The centive to control that deficit and Shell Oil’s bill is over $100 million. clerk will call the roll. make the system solvent but more and Those funds will go to the U.S. Treas- The bill clerk proceeded to call the more Government functions will be ury, and then a portion of those funds roll. shifted over into the part that does not will go to the States in which the oil Mr. GRAMM. Madam President, I ask count for a balanced budget amend- was pumped. California is the place unanimous consent that the order for ment. where most of that oil comes from; and the quorum call be rescinded. So I think we all know what the California will get between $75 and $80 The PRESIDING OFFICER (Ms. COL- game is here. The game is we have a lot million from the Federal Government LINS). Without objection, it is so or- of people who promised in the election when those funds are collected. dered. that they would vote for a constitu- In California we have a law that the f tional amendment to force Congress royalties all go to the State Schools and the President to balance the budg- VOTING RIGHTS OF MILITARY Fund. I really hate to see years of pro- et and now we are seeing gamesman- PERSONNEL tracted litigation, Mr. President, on ship where they say, ‘‘Well, I would this matter. Mr. GRAMM. Madam President, I vote for it but only if the largest The oil companies are not cooper- have risen today to talk about a prob- spending program of the Federal Gov- ating. Many of them have refused the lem in my State with regard to the ernment were excluded and only if we subpoenas. They are disregarding the voting rights of military personnel. could use the benefit from the surplus subpoenas sent to them. The Justice Our dear colleague from Alabama, Sen- now, and only if we do not have to Department is now involved. I hope ator SESSIONS, is on his way to the make up the deficit later.’’ Have our that instead of being deadbeat oil com- floor to join me in this discussion. Democratic colleagues who have of- panies, they will pay up. If they feel While I am waiting for him, for at least they have a case that the bills are too fered this proposal no shame? a moment I want to talk about another We have a choice as to whether we high, they can fight that out. They can subject. I want to say a little bit about are going to change America. If you try to settle it. But they should at the balanced budget amendment to the want to change America, you are for least cooperate and begin paying some Constitution. the balanced budget amendment to the of what is owed. Mr. President, I can tell you, the $75 f Constitution and you are for a bal- to $80 million to California schools BALANCED BUDGET AMENDMENT anced budget where every program would mean that we could hire an addi- TO THE CONSTITUTION counts, where every program is impor- tional 1,000 teachers or buy 40,000 com- tant, where the Federal Government is Mr. GRAMM. Madam President, I un- forced to pay its bills. puters. The children deserve that. derstand that our colleagues today on For Orange County alone the under- How many families would like to be the Democratic side of the aisle are of- payments total more than $5 million; required to balance their budget with- fering in the Judiciary Committee an for Los Angeles, $18 million; for San out counting their mortgage payment amendment that says that, if we re- Diego, $5 million; for Fresno, $2.25 mil- or without counting the cost of their quire the Federal Government to live lion. new car? I believe we make a mockery So I appeal to these oil companies, do on a budget, if we fulfill the constitu- of the process. right for our children, pay what you tional requirement that Thomas Jeffer- I look forward to the day when we owe. Be good citizens, cooperate in this son thought necessary when he first are going to stand up on the floor of investigation, make some payments, saw the document upon returning from the U.S. Senate and we are going to work with us so that our children can France, we ought to set up a system say yes or no. As we look back at the get a better education. where we count the Social Security campaign literature of some of the I hope the people of this country will trust fund while it is in surplus be- very people who are now undecided and write to the CEO of Shell, will write to tween now and the year 2002 as part of we look at what they said about being the CEO of Oryx, of Marathon, of Mobil the accounting system of the Govern- for a balanced budget amendment to and tell those CEO’s that we are all in ment but that after 2002 we not count the Constitution, what we are going to this together and that when an indi- it as part of the budget of the Federal really test is, does our word count for vidual family gets a bill, when they do Government. anything? When we tell people we are not pay it, they cannot stall, they can- What our colleagues would have us for something and they vote for us and not afford to hire lawyers. If, in fact, do is to make it easy now to spend send us here to do it, will we do it, or the individual says, ‘‘Well, I paid it,’’ money but that when the Social Secu- will we engage in gimmicks to try to you know what you would do as a fam- rity system begins to move into the confuse the people and try to cover ily member; you would say, ‘‘Here’s my red, to not count that deficit as part of what is little more than going back on canceled check. I’ve paid this,’’ or, the deficit of the Federal Government. our word? ‘‘Come and look at this. This is a mis- If we are going to balance the Federal Madam President, I look forward to take.’’ budget, if we are going to guarantee having my name down as one who is for That is not what these oil companies the future of Social Security and Medi- the balanced budget amendment to the are doing. Three of them complied with care and of Government services that Constitution.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S831 VOTING RIGHTS OF MILITARY exact numbers. I do not have any idea What is the complete address of the place PERSONNEL what the racial makeup is of the 800 where your spouse lived on November 5, 1996? absentee ballots. But the issue is, Do If it is located outside the territorial limits Mr. GRAMM. Madam President, let of the United States please also indicate the me now turn to the subject that I came our warriors have a right to vote? Do last place your spouse resided which was in to the floor to speak on. Our colleague those who protect our freedom have the territorial limits of the United States. from Alabama will be here later. Let the basic guarantee of exercising that Did your spouse usually sleep there at me explain, if I may, this problem and freedom? night? Yes. No. If no, what is the address where we are in the discussion and why As a result, according to the claim- where your spouse sleeps at night? Approximately how long (expressed in this is a very important issue for all ants in this lawsuit, of these 800 absentee ballots, 2 Republicans were elected. months, days, and years) has your spouse 100 Members of the Senate and for all slept at this address? 260 million Americans. Their argument is that if you do not If your spouse did not then or does not now We have an all-volunteer military count these 800 absentee ballots from usually sleep at this address explain the rea- force. We ask young men and women, military personnel, 2 Democrats would son(s) your spouse does not do so. in putting on the uniform of this coun- have been elected. Is there no shame? Is there no try, to serve all over the world far Let me say, Madam President, I do shame? The Federal judge who ap- away from home in lonely places. We not know that is the case, and that is proved this questionnaire ought to be ask them to defend our freedom and not really the issue here. The issue embarrassed—ought to be embarrassed. independence and our interests. We here is the right of people to vote. It is outrageous that taxpayer money sometimes call upon them to give their Let me, before going further, say was used to send out a questionnaire to lives in the service of our country. I am that when the Legal Services Corpora- our warriors who are out defending not aware that ever before in the his- tion was notified that Texas Rural freedom all over the world asking them tory of America has there been any se- Legal Aid, their grantee in Texas, had because they dared to vote where their rious challenge, up until the case I am violated the law, they asked Texas husband or wife sleeps at night. Madam about to talk about, of the right of our Rural Legal Aid to give them an expla- President, this is absolutely out- military personnel to vote. nation by a certain deadline. They then rageous. My dad was a sergeant in the Army; asked Texas Rural Legal Aid to cease We will shortly have a letter signed a career soldier. Like many people in and desist. What Texas Rural Legal Aid by the majority of the Members of the the military, my dad decided where he has done, having done all of the Senate urging our Attorney General to wanted to declare as his legal resi- workup for the case, is they have now enter this case. We are dealing with dence. Millions of people wearing the moved to the position of being expert two local candidates. I do not have any uniform of the country over the his- witnesses. This is clearly violating the real knowledge of either one of them. I tory of our country since they serve all intent of Congress. I want to put my do not know what kind of attorney over the world tend to pick an area as colleagues on notice that God did not they have. I do not know how good a their legal residence with the objective decree that appropriations bills have to job they are doing presenting their of coming back there to live when they pass, and we are going to address this case. But it seems to me that this is a get out of the service, or at least to issue in the upcoming Commerce- fundamental issue: do people who wear have a place-holder as their identity State-Justice appropriations bill. And the uniform of this country have a with the very country they serve. unless we can get satisfaction that the right to vote in the location that they We have a case now before the Fed- Legal Services Corporation is going to can choose as their legal residence? eral court in my home State of Texas abide by the law, those who are ready I obviously believe they do. It turns in Val Verde County, Del Rio, which is to pass that bill without those guaran- our whole political system on its head. the county where Laughlin Air Force tees better be ready to get 60 votes. To suggest that someone who has cho- Base is located, where we have the Let me turn to the point I wanted to sen Val Verde County as their legal Texas Rural Legal Aid, which is pre- make today. I discovered yesterday residence while they are serving in the dominantly funded by the Federal tax- that the Legal Services Corporation Air Force all around the world has less payer. They, in clear violation of the through their grantee, Texas Rural right to vote there because their race law based on the provisions of the ap- Legal Aid, Inc., sent out a question- may be different from the race that propriations bill which we passed on naire to 800 American warriors sta- someone claims to make up the popu- the floor of the Senate last year which tioned all over the world, and it has lation of that region is clearly out- prohibited them from engaging in law- this big official heading of ‘‘In the rageous, is a national issue of profound suits related to political activity, have United States District Court for the importance. I want the Attorney Gen- filed a lawsuit challenging the right of Western District of Texas,’’ and then it eral of the United States of America to military personnel who are registered has all of this legalese. Then it has a enter this case and defend the rights of to vote in Val Verde County but who questionnaire that in single space form our warriors to vote. And if they are are not currently residing in the coun- is 23 pages long encompassing 54 com- voting and elected one candidate and ty during their military service to have prehensive questions, many with mul- defeated another, is that not what their votes counted. Interestingly tiple parts, and someone has to fill it votes are about? Do we not each cast enough, they say, ‘‘Oh, you have a out and they have to get it notarized our vote believing that it might make right to vote for President. You have a where they are swearing under oath. a difference? right to vote for Senate or Congress. I would like to give you an indication Madam President, I do not know But you do not have a right to vote in from this questionnaire of the kind of whether or not it made any difference. county elections.’’ things that are being asked, and I have I do not know the racial makeup of the This is the first time that I am aware up here a blowup of one little part of 800 people who voted absentee who are of that this challenge has ever been question 21. Imagine, you are in Berlin in the Air Force, who have claimed Val made. The challenge is based on the or you are in Korea. You have a job to Verde as their legal residence. I do not Voting Rights Act, interestingly do there. You are manning a Patriot know how that changes the makeup of enough, because the argument is made battery in Korea. Your family is at the electorate or racial basis, and I do that the roughly 800 military absentee home. And you get a document 23 pages not care. Our society is too preoccupied ballots were cast by predominantly long telling you that you have 3 days with race. The whole reason that this white voters and that the makeup of to fill it out. is before a Federal judge is that race is the general electorate was majority Just look at these questions. These being used as an issue to take what is Hispanic and therefore there has been a are the people who exercised their basically a voting rights issue, which is violation of the Voting Rights Act by right to vote, something we encourage a State of Texas issue, and elevate it to the fact that these absentee ballots people to do. So this warrior is in the Federal Court based on a claim have diluted minority voting strength. South Korea defending the frontiers of about the ethnic makeup of members I am not here today to testify what freedom and they get this question- of the military who voted absentee. the racial makeup is of the electorate naire. And this is just one section of I believe this is a very serious issue. in Val Verde County. I do not know the one of the 50-odd questions: I believe it is a terrible indictment of

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S832 CONGRESSIONAL RECORD — SENATE January 30, 1997 the Clinton administration, that they tary. You simply have to make a des- military personnel who voted absentee have not intervened in this case. The ignation. because their vote might have changed Secretary of State of the State of I see this as voter intimidation. I see the racial composition of the election, Texas, the chief elections official of it as a gross abuse of the Voting Rights and to send them an intimidating legal our State, has said that this lawsuit Act. I cannot imagine that we would document demanding they answer it in clearly in no way represents the elec- maintain a military facility in a coun- 3 days, asking where their spouse slept, tion laws of our State. Our Attorney ty that did not let our military per- it seems to me is clear, unadulterated General has said that requiring this sonnel vote. I would not—I don’t care voter intimidation, and it is something kind of questionnaire and documenta- where it is—I would not support spend- that needs to be stopped. I yield the tion turns the whole election system ing one dime to keep a military facil- floor. on its head. The people who did not ity in a county that denied the right of Mr. SESSIONS addressed the Chair. vote absentee who are not in the mili- military personnel to vote. The PRESIDING OFFICER. The Sen- tary received no such questionnaire. I think the time has come to make it ator from Alabama. Let me tell you what this question- clear that this old deal of abusing mili- Mr. SESSIONS. Madam President, I naire is about. This questionnaire is tary personnel has to end. From the be- have listened with growing concern and about voter intimidation. That is what ginning of the Republic, we have want- really anger at the remarks of the Sen- this questionnaire is about. You imag- ed Washington and Uncle Sam to send ator from Texas. I agree with him. It is ine, if you are manning a military the soldier boys out to build the fort, a cause of great concern to me. I served weapons system in South Korea and to buy our goods, and then they are 15 years in the U.S. Department of Jus- you took the time to vote in your elec- abused. This is one of the worst cases tice. I have served in the Army Reserve tions in the county you claim is your of abuse that I have ever seen, and I am as a judge advocate. My responsibil- legal residence and you get a 23-page going to do everything I can, every- ities in that capacity were to protect legal document with 54 questions, thing within my power, to see that this the rights of servicemen and all their many of which have numerous subques- is fixed. responsibilities, enforcing the Soldiers tions asking you where your wife Our soldiers, sailors, airmen, ma- and Sailors Relief Act so that those sleeps at night or where your husband rines, and Coast Guard personnel have service people can maintain their sleeps at night, and if your spouse does a right to choose a legal residence. rights in their communities and not be I want to read, in concluding, a quote not sleep where you do, why not. abused while they were serving their from Maj. Paul Smith. Maj. Paul What do you think this is going to do country on active duty. Smith is in the Air Force. He grew up To me, this is a very unhealthy ac- to their willingness to vote in the next in Del Rio. He attended high school tion. It outrages me for three par- election? This is as clear a case of there. He went off to college, and then ticular reasons. voter intimidation as it would be to he came back to Laughlin to do pilot First of all, taxpayers’ money was have a literacy test written in Chinese. training. He declares Val Verde County used for it. Legal Services Corporation The clear objective of this question- as his residence. lawyers actually going into court and naire is to intimidate voters and not We have been doing this since the seeking to deny soldiers, sailors and just any voters—people who wear the Constitution was written. From the co- airmen the right to vote. It is fun- uniform of this country and who defend lonial period, we have allowed people damentally wrong, it is offensive to the very freedoms that we are now see- wearing the uniform of the country, me, and I am glad the Senator has spo- ing the Federal Government through serving around the continent at first ken out aggressively about it. the Legal Services Corporation seek to and now all over the world, to des- The Legal Services Corporation has deny them. ignate where they are going to exercise had a history of abusing its charter. Madam President, I think this is one their legal rights. Time and time and time again, they of the clearest outrages that I have Maj. Paul Smith grew up in Val are caught and held to account, and seen in my period of time in public Verde County in Del Rio, attended high they back off and say, ‘‘Oh, we’re sorry, service. I think it is something that school there, went to pilot training we made a mistake, it won’t happen has to be stopped. I want my colleagues there, and he says he is a resident of again.’’ But it has happened again and to know that since this is occurring in and chooses to vote in Del Rio. I say he again and again, in my experience, and my State, and I speak for Senator has that right. I think we ought not to forget that. HUTCHISON on this issue, we intend to Here is what he said about this docu- I also want to say it is particularly see this fixed. I want to call on our At- ment sent out by Texas Rural Legal galling to me that the votes they seek torney General, Janet Reno—and let Aid and the Legal Services Corporation to cancel are those of soldiers, sailors, me say I had a very nice talk with her demanding to know where his wife and airmen and airwomen who are yesterday. She has promised me that sleeps at night. He said: ‘‘This really serving our country abroad and she will look at this on an expedited infuriates me. I’m serving my country, throughout this Nation. I firmly and basis. We had previously sent her a let- putting my life on the line, protecting strongly believe they ought to be able ter over a week ago. the right to vote. If they throw my to vote in the location they choose as My concern here is that we are talk- vote out, well, that’s not good.’’ their residence and be able to partici- ing about two locally elected officials It sure is not good, and it is not going pate in the votes at that time. who have been barred from taking of- to happen. It is not going to happen. Finally, as an individual who served fice. They won the election, nobody So I want to thank my colleagues for for 15 years in the U.S. Department of doubts that. But they have been barred giving me this time. I want to call Justice, a tenure I treasure greatly, I from taking office while Texas Rural again on the Attorney General to enter think it is incumbent upon the Attor- Legal Aid, funded by the Legal Serv- this case. Defend the right of those who ney General to take firm and quick ac- ices Corporation, tries to intimidate wear the uniform of this country to tion to join the side of those service military personnel who voted. vote, whatever their race is, however men and women who are entitled to I don’t know whether they can afford they vote. The issue here is not race. vote and have their vote counted. I counsel. I don’t know how good a job The issue is not who won and who lost think they ought to intervene in this they are doing defending the right of elections. The issue is, do people in the case on the side of the servicemen and our warriors to vote. I want the full military, when they are moving all help make sure that justice is done. weight of the Attorney General over the country and all over the plan- I thank Senator GRAMM for his re- brought into this issue. Do our war- et, have a right to designate an area marks and for calling this to the atten- riors serving in the military have a where they want to exercise their right tion of the country. I think it is an im- right to vote in that area that they to vote? It seems to me you cannot be portant issue. choose to designate as their legal resi- more basic than that, and it doesn’t The PRESIDING OFFICER (Mr. dence? Let me remind my colleagues, matter what the other factors are in HUTCHINSON). The Senator from Min- you don’t have to own a home to be a this case. nesota is recognized. legal resident. You don’t have to actu- If somebody voted illegally, throw Mr. GRAMS. Mr. President, I have ally reside there if you are in the mili- their vote out. But to indict every two quick orders of business.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S833 UNANIMOUS-CONSENT AGREE- cumstances accompanying the turn- private citizen—in war and in peace. Paul is MENT—ADDITIONAL COSPONSOR over of Hong Kong to China on July 1 a public servant without peer—from NSC–68 and the wise men—to the Marshall plan and Mr. GRAMS. Mr. President, I ask of this year. How well China adheres to the commitment that she has made to NATO—Paul has led with vision. From the unanimous consent that in its first Committee on present Danger and Nuclear printing, the following Senator be the people of Hong Kong to preserve Weapons Strategy—to charting a course in added as an original cosponsor to the Hong Kong’s distinct social, political the post cold war era—Paul Nitze has had Department of Energy Abolishment and economic identity for the next 50 the courage of his vision and has dem- Act of 1997, a bill to eliminate the De- years will be vital. Senator Nunn onstrated that one man can truly make a states that China’s ‘‘credibility is on difference. partment of Energy: Mr. HAGEL of Ne- Paul—by your example—you have defined braska. the line,’’ in that China has given its word, and extended a solemn promise. the true meaning of statesmanship. As an The PRESIDING OFFICER. Without admirer—a student—and a friend—it is a objection, it is so ordered. A very disquieting note has just been great honor for me to accept the Paul Nitze Mr. GRAMS. I thank the Chair. raised by the annual report by the Award. (The remarks of Mr. GRAMS per- State Department on human rights I am grateful to Bob Murray and CNA’s taining to the introduction of S. 238 are performance around the world accord- board of trustees for this special honor and for CNA’s contributions to our Nation’s secu- located in today’s RECORD under ing to the New York Times. The report rity. ‘‘Statements on Introduced Bills and says, ‘‘Hong Kong’s civil liberties and political institutions were threatened These are just a few examples of the great Joint Resolutions.’’) return the taxpayers get by investing in Mr. GRAMS. Mr. President, I yield by restrictive measures taken by the CNA. Bob, to you and your team—keep up the floor. Chinese government in anticipation of the good work! Mr. BYRD addressed the Chair. Hong Kong’s reversion to Chinese sov- There is only one catch to this wonderful The PRESIDING OFFICER. The Sen- ereignty’’ in July. If China does not evening with Paul Nitze—the awardee must ator from West Virginia is recognized. honor its obligations to Hong Kong, delivery a lecture on a matter important to her relationship with the world, as our national security—so any hope that you f Senator Nunn points out, will be ‘‘dealt may have that I will say a quick thank you a severe blow.’’ Keeping her word will and sit down—is dashed on the rocks of this RELATIONSHIP WITH CHINA obligation. be a key indicator of China’s general If Paul were presenting a paper this Mr. BYRD. Mr. President, the emerg- willingness to adhere to the terms of ing relationship between the United evening, he would cover NATO expansion, other international obligations that peace prospects in the Middle East, the ef- States and China is one of immense op- the United States might support, such fect of Islamic fundamentalism on U.S. in- portunity for both nations, and de- as membership in the World Trade Or- terests, the quest for eliminating nuclear serves the steady attention of the high- ganization. Hong Kong will, in July, weapons from the globe—as well as the emer- est levels of both governments. Both become an integral part of China and it gence of China—all in clear, succinct and persuasive form. Being a mere mortal, I will nations need to make every effort to will take some dexterity and work on broaden the area of common ground in confine myself to only the last subject—the the part of the Chinese government to emergence of China. I believe that this is an our dealings and understandings, and fulfill its promise to honor Hong to engage in an open and honest dia- important subject on the eve of the 25th an- Kong’s unique institutions. In this, as niversary of President Nixon’s historic 1972 logue on those issues, such as weapons in many other aspects of our growing visit to China and at a time when many proliferation and human rights mat- relationship, patience, calmness, un- Americans are questioning the policy we ters, on which we have serious dif- derstanding and open dialogue will be have pursued under both Democratic and Re- ferences. There is a rising tide of com- important keys to success. The United publican Presidents since that time. There are many think tanks in Wash- mentary on our bilateral relationship, States would be mistaken to judge too and it is not particularly easy to arrive ington—but CNA is unique—the only one quickly or to criticize too easily. We whose scientists regularly deploy in war and at the kind of balanced approach which should be cognizant that the more our is both clear-eyed regarding present rein peace with our operational forces. interrelationships develop across the Those of us in the Congress dealing with alities, and at the same time visionary board, the more likely it will be that national security are keenly aware of your on future prospects. One of the most the warm breezes of open democracy reputation for excellence and objectivity— thoughtful recent attempts to paint will have its effects on Chinese society. but most of all—we are aware of your effect the salient highlights of this com- It will take a special effort on both on policy. plicated picture was made last week by In the gulf war, one of our missiles mis- sides to continue to propel our rela- fired and killed our own people—CNA figured the recently retired Senator from the tionship along constructive channels, State of Georgia, Sam Nunn. out why and prevented it from happening and to do so will require sustained ef- again. On the occasion of his selection as fort, frequent interchanges and con- The Defense Department has to become the 1997 recipient of the Paul Nitze stant communication. more efficient if we are to have the funding Award for Distinguished Public Serv- I commend Senator Nunn for his con- to modernize—CNA identified billions in in- ice, Mr. Nunn described the current tribution to this dialogue on our China frastructure savings which have been adopt- state of consensus in the United States ed by the Navy. policy and recommend a reading of his One of our most effective weapons is the on U.S.-China policy as ‘‘very, very address to my colleagues. I hope that fragile.’’ If that consensus were to Tomahawk Missile—CNA’s recommendations his remarks will receive wide distribu- have significantly improved its performance. break down, and the relationship with tion. The growing importance of China in world China were to turn sour, a historic op- I ask unanimous consent, Mr. Presi- affairs demands a purposeful, coherent and portunity of profound importance dent, that the remarks of Senator consistent American policy. History is lit- could be lost. Both sides need to work Nunn to which I have just alluded be tered with the uninformed and ineffective responses of an established power towards a hard to avoid that possibility. printed in the RECORD at this point. rising power, and vice versa. The consensus within the United The PRESIDING OFFICER (Mr. States that Senator Nunn describes in- Established powers must provide con- ENZI). Without objection, it is so or- sistent and credible signals about their excludes the healthy notion that our sup- dered. pectations and set forth reasonable terms on port for the modernization of China’s There being no objection, the mate- which they are willing to incorporate the ris- legal and banking and judicial, civil rial was ordered to be printed in the ing power into the international system. service and other institutions will pay RECORD, as follows: We are now watching the rise of China long-range dividends for our overall re- against the backdrop of Asia’s rapid indus- UNITED STATES-CHINA POLICY—SEEKING A trialization. China is a nuclear power with lationship, and for progress in China, BALANCE the world’s largest army and a permanent but that modernization will not emerge (By Sam Nunn) magically. Sustained efforts at co- member of the United Nations Security It is a great honor for me to accept this Council. China also is a nation with 1.2 bil- operation in both public- and private- award which bears the name of one of our lion people, an economy growing at nearly 10 sector activities must be ongoing. Nation’s greatest statesmen—Paul Nitze has percent a year over the last decade—and as In his remarks, Senator Nunn rightly dedicated his life to advancing our national we too often forget—a distinctive civiliza- flags the importance of the cir- interests—as a Governmental official—as a tion of great antiquity.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S834 CONGRESSIONAL RECORD — SENATE January 30, 1997 China is in the midst of four major transi- Russia’s new situation also has offered a fair playing field in world trade will have tions: China opportunities to improve its relations great difficulty conducting a sensible trade From a planned economy to a state guided with Moscow. This is a welcome develop- policy or foreign policy. market economy. ment. Previous Soviet-Chinese rivalry and With one of the world’s largest economies, From rule by the long march revolution- military confrontation brought tension to its rapid increase in foreign trade, its sub- aries to rule by bureaucrats, technocrats, the entire region. Improved Sino-Russian re- stantial foreign currency reserves (nearly and military professionals. lations help promote regional stability. But $100 billion), and its external indebtedness From an agricultural society to an indus- economic considerations on the Russian side (over $100 billion), China’s economic per- trial society. and opportunism on the Chinese side could formance clearly affects American interests. From a largely self-sufficient, isolated prompt an undisciplined flood of weapons China has created a better institutional and economy to one that is increasingly depend- and military technology to China, provoking legal environment to welcome foreign direct ent upon the international economy. an effort by the Asian Nations to balance investment than most other countries in China’s transition is likely to be pro- East Asia. It has taken measures to facili- tracted. Uncertainty is a permanent quality China’s growing strength, resulting in a destabilizing arms race. tate repatriation of profits. Its sovereign of- of modern China. Even if China embarks ferings are deemed credit worthy by inter- upon a process of democratization, the devel- In Central Asia, Mongolia, and the Russian Far East, China faces some serious ques- national rating agencies. opment will be a lengthy one. History shows Yet even though roughly 40 percent of Chi- tions: it takes a long time to create a legal sys- na’s exports are ultimately consumed in the Will the new Central Asian Nations stimu- tem—guarantees for private property—a par- United States, its Government appears reluc- late separatist impulses among China’s Is- liamentary system—a free press—and the po- tant to address its growing trade deficit with lamic peoples? litical culture that can sustain a pluralistic the United States through increased pur- Where is the Russian Far East headed, in and tolerant civil society. chases from American vendors. While decry- light of Moscow’s ebbing economic and polit- We must engage China and its current ing American linkage of trade and politics, ical grasp over the region? leaders now rather than remain aloof from China is practicing its own form of linkage. Will the migration of Chinese to Siberia this vast, complex, and proud civilization Too often China has discriminated against continue and become a new source of tension until it becomes to our liking. American vendors on political grounds, even between Russia and China? This can only be done if the leaders and though China enjoys easier access to the How will the resources of the Russian Far peoples of both our countries are convinced American market than to markets of other East be developed in the next century? that their national interests will be well developed countries. served through greater U.S.-China coopera- We should discuss these broad strategic Further—China’s laws governing com- tion. Let’s consider a few examples: issues with Beijing. How to ease Russia’s po- merce remain underdeveloped, and corrup- litical and economic transformation; how to FIRST: ARMS CONTROL AND NON-PROLIFERATION tion is a growing problem. Many non-tariff create a framework of stability for the states Preventing the proflieration of weapons of barriers still exist that restrict access to the of the former Soviet Empire; and how to con- China market. mass destruction—and their means of deliv- tinue the current favorable alignment among ery—and reducing stockpiles of these weap- As Bob Zoellick recently observed, we are the major powers of Asia. For the first time likely to be more successful in pursuing our ons are American interests of the highest in a century, China, Russia, Japan, and the trade grievances if we seek an international priority. United States have good relations with one As a nuclear power and a permanent mem- coalition to promote and enforce inter- another, constant dialogue among China, ber of the Security Council, China can either national standards and if we stress China’s Russia, Japan, and the United States is re- assist or torpedo efforts to stop the prolifera- self-interest in adhering to the rules. quired to consolidate this relationship. tion of weapons of mass destruction—its role FIFTH: PROBLEMS OF INTERDEPENDENCE is critical—China’s attitude toward various THIRD: REGIONAL SECURITY INTERESTS The United States has a major interest in arms control measures has certainly im- In addition to its global strategic inter- reducing a wide range of problems that tran- proved in the past decade—its recent com- ests, the United States has enduring regional scend national boundaries: Environmental mitment to cease nuclear testing and to sup- security concerns. degradation; international terrorism; illegal port the comprehensive test ban treaty is an No region is more important to the United population migration; narcotics trafficking; encouraging development. China seems to States than the Asia-Pacific Region, where the spread of communicable diseases; pres- recognize its interest in reducing the dangers America has fought three costly wars in this sure on world food supplies; and rapid popu- of nuclear proliferation globally and espe- century and where rapidly growing econo- lation growth. These problems threaten the cially in East Asia. mies offer the United States our greatest ex- survival of vast portions of the world’s peo- But China also has been indifferent to the panding markets. Needless to say, China also ples and introduce global instability. destabilizing consequences of its transfer of has a keen interest in maintaining stability Chinese-American cooperation cannot as- advanced technology and sale of materials in this region—our overlapping interests sure success in addressing these most funda- related to strategic weapons in South Asia have enabled China and the United States to mental problems that threaten all human- and the Middle East. Aspects of its military cooperate in sustaining peace in Korea and kind. But Chinese-American animosity would surely make it more difficult to cope and technology relations with Pakistan and ending nearly 40 years of war on the Indo- with these issues. Acting together, the Iran are deeply troubling to the United china Peninsula. United States and China can accomplish States. Our treaties with Japan and South Korea In our dialogue with the Chinese at high and the specific arrangements developed much. in confrontation, both of us will suf- levels we should point out that as a growing under them—the status or forces agree- fer. importer of oil from the Middle East, China ments, the basing arrangements and force SIXTH: DEMOCRACY AND HUMAN RIGHTS has an increasing stake in the tranquility of structures—took shape in the cold-war era. The United States must give expression to the Straits of Hormuz and the Persian Gulf— Much has happened in the subsequent years. the values on which the Nation was founded its pattern of arms sales does not seem to Japan and South Korea have emerged as and that draw Americans together as one take this into account—we should also em- prosperous, full democracies. Through con- people. These beliefs have universal appeal. phasize to Beijing that the U.S. Navy pro- sultations, the United States and China They are a source of American strength. tects the waters through which oil tankers must forge an understanding that adjust- Yet the authoritarian leaders of China be- bring petroleum to China. China benefits ments to these treaties are not aimed at lieve that many political values that Ameri- from the stability our naval presence brings China but are intended to ensure that the al- cans espouse do not apply to China. their ob- to the high seas. liances remain a cornerstone of regional sta- stinate resistance to democratization and human rights is driven by complex reasons. I SECOND: THE COLLAPSE OF THE SOVIET UNION bility. believe that China’s leaders jeopardize their FOURTH: INTERNATIONAL ECONOMIC INTERESTS Both the United States and China must re- nation’s economic progress and domestic sta- spond to the consequences of the collapse of The United States has a major interest in bility by not moving more rapidly toward the Soviet Union. With the Russian threat maintaining steady international economic the rule of law and expanding the opportuni- now greatly diminished, the security frame- growth, uninterrupted by financial crises or ties of their populace to participate mean- works erected in the cold war era must take disruptions in the international monetary ingfully in their own governance. China can- into account new realities. Plans are under- system. We seek access to the markets of not expect United States and world acquies- way to extend NATO eastward (a move I re- other countries and we believe that the cence or silence in response to flagrant main very skeptical about—but that is the growth of imports into the United States abuses of human rights. This is particularly subject of another speech), and we are ad- should occur in an orderly fashion. We seek true in terms of China’s treatment of the justing our treaties with Japan and Korea. a level playing field—too frequently, foreign citizens of Hong Kong. These changes must be undertaken in ways countries exploit their open access to Amer- In assessing China’s behavior, however, I that do not raise new and deep security con- ican markets while limiting access to their believe that we must broaden our own defini- cerns in Russia about its western flank or in markets or discriminating against American tion of human rights. Professor Harry Har- China about its eastern flank, lest we inad- firms. ding has recently written that: vertently stimulate the two to begin a stra- Sanctions should be employed with great ‘‘While the individual political and civil tegic relationship that neither prefers and care, but any American Government that ig- freedoms enshrined in the American Con- which threatens stability. nores the American peoples’ strong desire for stitution are indispensable to human rights

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S835 as we know them, human rights also encom- Finally, because of the attention that will Other analysts assert that political and pass such social and economic rights as the be focused on the turnover of Hong Kong to ideological differences preclude a close, co- rights to subsistence, to development, to em- China on July 1 of this year, Hong Kong will operative relationship between Washington ployment, to education, and the special provide the prism through which Americans and Beijing. rights of women and children and the elder- will view China. This 1997 view may affect Yet others claim that accommodations be- ly. Political and civil freedoms are not the the American people’s perception of China tween the United States and China will nec- only things that people value in their polit- for years to come, and may turn out to be essarily prove to be temporary because of ical lives. Other political goals, including the bellwether for the international commu- our differences in wealth and power and be- stability, effective governance,and absence nity in judging Beijing’s intent and approach cause the United States is a defender of an of corruption, are also worthy of pursuit.’’ to the world. international system that we helped to cre- As we shape our strategy, we need to keep Will China carry out its solemn commit- ate and that advances our interests. these words of wisdom in mind. If we do, our ment to Britain and the people of Hong Kong Let us acknowledge and accept the dangers justifiable criticisms of abuses are likely to to allow Hong Kong its own distinct social, these observers offer. They remind us of the have more credibility and more effect not political and economic identity for the next enormous challenges in fostering cooperative only in China but also with our friends 50 years? If so, this example will lead to a Sino-American relations. They caution us throughout Asia. positive view of China throughout the world, neither to harbor illusion nor to allow expec- This review of America’s foreign policy in- including the people of Taiwan. If not, Chi- tations to soar. But in the final analysis, terests reveals that a thick web of partly na’s relationship to the world will be dealt a what should we do with their warnings? convergent and partly divergent interests severe blow and its relations with the people Should our policy become fatalistic, devoid now binds the United States and China. In of Taiwan will be set back 50 years. of hope that the United States and China can recognition of this reality, I believe that a It is far from clear that the leaders of be partners in the building of a more stable new fragile consensus on China policy is China are prepared to meet this responsi- and secure world? Should the United States slowly emerging in Washington and among bility by allowing Hong Kong to retain the look upon China as an enemy and therefore the American people. qualities that are key to its success—such as seek to weaken or divide it, thereby creating This fragile consensus rejects the extremes a professional civil service, the rule of law, a reality we seek to avoid? of rigid hostility or unconditional friendship an independent judiciary, and freedom to re- I believe the clear answer is no. To move in with China. It seeks cooperation with China ceive and disseminate information. this direction would become a self-fulfilling while realistically accepting disagreement Considering the large stakes, I believe that prophecy. Forewarned of the difficulties, the where our values and interests diverge. If our own country must strive for balance in leaders of China and the United States must strengthened, this consensus has the poten- our assessment and our actions. persist in forging cooperative bonds between We should remember that Hong Kong was tial to embrace several fundamental con- our two nations. seized by force from a weak China and that One conclusion is clear—in no small meas- cepts. First, Sino-American relations merit high the British subsequently ruled it as a British ure, the future well-being of the American level sustained attention of the United colony—not a democracy. Hong Kong and and Chinese people depends on the ability of States Government. Management of this re- Macau are the last Western colonies in Asia, our two nations to cooperate. I remain hope- lationship cannot be relegated in chaotic and represent the end of an era. ful that enlightened self-interest will pre- China should be told clearly and firmly vail, as it has in the 25 years since President fashion to the lower levels of each depart- that their credibility is on the line and that Nixon and Chairman Mao shook hands. ment in the executive branch, but must be their behavior toward Hong Kong will have a Thank you, ladies and gentlemen. Thank coordinated at the highest levels of Govern- major effect on their standing in the inter- you, CNA. And thank you and God bless you. ment, including the Congress. The exchange national community—in short, they must Paul Nitze. of Presidential visits is a strong step in the keep their world—our measuring stick of The PRESIDING OFFICER. The Sen- right direction. Chinese behavior should be based on their Second, the United States has an interest ator from Arkansas. own solemn commitments—not on our dream in a prosperous, stable and unified mainland Mr. BUMPERS. Mr. President, I of a Jeffersonian transformation. thank the Chair. that is effectively and humanely governed, It is essential that we not rush to a final (The remarks of Mr. BUMPERS per- not a weak, divided or isolated China which verdict based on the first thing that goes would surely threatened the region’s peace wrong. This will be a long uneven process taining to the introduction of S. 237 are and prosperity. with many rough spots and mistakes. The located in today’s RECORD under Third, the United States should seek to transfer of power is a British and Chinese ‘‘Statements on Introduced Bills and work constructively with China to facilitate agreement, and the United States should not Joint Resolutions.’’) its entry into the international regimes that get drawn into a self-appointed role as the Mr. BUMPERS. Mr. President, I yield regulate and order world affairs. China will arbiter of the details. the floor. be more likely to adhere to international The United States should not become the Mr. SPECTER addressed the Chair. norms that it has helped to shape. But Chi- sole critic when China deviates from its com- The PRESIDING OFFICER. The Sen- na’s entry must not be permitted on terms mitment to Hong Kong. This will turn Hong that jeopardize the purpose of those regimes. ator from Pennsylvania. Kong into a U.S.-China confrontation and Mr. SPECTER. I thank the Chair. Fourth, the United States should continue will not be effective with a Chinese leader- to adhere to our one China policy based on ship that fears the perception in their own f the Shanghai Communique´, the normaliza- country that they are yielding to American tion agreement, and the 1982 joint THE CASE FOR ENERGY pressure. While we have a huge stake in a CONSERVATION communique´. We do not seek to detach Tai- prosperous Hong Kong and a China which wan from the mainland permanently, but keeps its commitments—so do our allies in Mr. SPECTER. Mr. President, I have neither can we accept Taiwan’s forcible re- Europe and Asia. We, of course, must lead— sought recognition to address an ongo- unification with the Mainland. Taiwan de- but we must lead the international commu- ing threat to our Nation’s security and serves a status in world affairs commensu- nity. prosperity, a threat with dual roots. In rate with its economic and political attain- In the final analysis, after July 1, Hong the precarious Middle East and right ment. But realistically, Taiwan can best se- Kong will again be part of China and its long cure a greater international voice and stat- term future will be determined by events in here at home there is reason for con- ure through cooperation with Beijing and China itself. As the eyes of America and the cern about our Nation’s increased reli- not through provocation. world focus on the important trees of Hong ance on potentially unstable foreign Fifth, to attain all these objectives, the Kong, we must not lose sight of the forest sources of oil. I believe it is critical United States must retain a robust military itself—China. during the 105th Congress that we focus presence in the Western Pacific. Until multi- In our country the emerging consensus of on efforts to increase energy conserva- lateral security arrangements are firmly in U.S.-China policy is very, very fragile. The tion, particularly in the context of replace and well rooted in East Asia—there Presidential visits, the recent stabilization authorization of the Federal highway will be no substitute for the Japanese-Amer- of Chinese-American relations and the pros- ican and Korean-American security trea- pects for improvement in the months ahead and transit programs. ties—which are not directed against China. are particularly vulnerable to disruption by We must think back to the days of Sixth, the United States—especially the possible Chinese actions. the gulf war and further back to the oil private sector—should cooperate with China Many observers caution that for deeper crises of the 1970’s to better understand in its efforts to develop institutions nec- reasons, the new consensus cannot be sus- the entire picture. American con- essary for its continued modernization: A tained, citing the historical ‘‘love-hate’’ re- sumers too often forget the inter- legal system and the rule of law; a strength- lationship between these two great coun- dependence of world events, particu- ened judiciary; an effective banking and rev- tries. enue system; a civil service system; rep- Some analysts claim that two civilizations larly when it comes to our use of im- resentative assemblies; and effective civilian as different as that of China and the United ported foreign oil. There are currently control over the public security and military States simply cannot sustain constructive legitimate reasons to question whether forces. relations. instability in

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S836 CONGRESSIONAL RECORD — SENATE January 30, 1997 the Mideast will once again jeopardize petroleum imports the reserve could we will do if the oil supplies from Saudi our access to that region’s oil re- supply in the event of an interruption Arabia are in any way threatened. sources, putting our economy and per- in the supply of foreign oil. For exam- Mr. President, while our interest in haps our national security at signifi- ple, in 1986 the reserve was said to con- reducing dependence on foreign oil is a cant risk. tain 115 days of imports. By 1995, based difficult task, we can achieve meaning- By way of background, it is well on the decreasing U.S. production and ful reductions in energy consumption known that the oil supplies in the Mid- a corresponding increase in foreign im- through prompt reauthorization of the east are immense. An estimated 66 per- ports, the reserve was said to hold an Federal mass transit and highway pro- cent of the world’s recoverable oil re- amount comparable to 75 days of net grams contained in the Intermodal sources are found in the region. These imports. Surface Transportation Efficiency Act supplies are critical to the United As if it was not sufficient to let the of 1991, known as ISTEA, as well as en- States as well as to our European al- effectiveness of the reserve dwindle, actment of an Amtrak reform bill and lies. More than 20 percent of the oil we last year in an unprecedented move, continued public policy initiatives to purchase comes from the Arab coun- the Administration decided to sell ap- promote the use of clean burning alter- tries of the Organization of Petroleum proximately 25 million barrels of petro- native-fueled vehicles such as natural Exporting Countries, commonly known leum from the reserve to generate rev- gas and electric cars. as OPEC. Western Europe depends on enues, an amount equivalent to almost ISTEA is commonly referred to as the region for 25 percent of its oil con- 3 weeks supply of imports from Saudi the highway bill, but it does much sumption. These OPEC countries in- Arabia. That timing, I suggest, was more than pave roads. That legislation clude alphabetically, Algeria, Iraq, Ku- less than prudent, particularly consid- expands the mass transit formula and wait, Libya, Qatar, Saudi Arabia, and ering the state of affairs in the Mideast discretionary grant programs, author- the United Arab Emirates. today which should highlight the dan- izing some $31.5 billion over 6 years for I have been troubled that U.S. im- gers and disadvantages of reliance on public transportation. Other provisions ports of foreign oil continue to in- Mideast oil. Saudi Arabia, in par- established funding for bicycle paths crease. Currently, the U.S. imports ticular, poses a unique cause for con- and pedestrian walkways. That bill constitute more than 50 percent of the cern. The sovereign independence of revolutionized Federal spending on oil which we consume. According to Saudi Arabia is of vital interest to the transportation infrastructure improve- the American Petroleum Institute, this United States, as President Bush said ments by establishing the National equals more than 9 million barrels per in 1990 after Iraq invaded Kuwait. If a Highway System, funding the Conges- day, with a 6-percent increase in the hostile nation seized Saudi oil wells, tion Mitigation and Air Quality Im- amount of imported oil since 1995 the largest reserve in the world, the provement Program, granting States alone. That is cause for real concern. American economy and the world mar- and local governments more flexibility This is a huge jump from the 6 million kets could tumble. in determining transit and highway so- barrels imported per day in 1973. Fur- More recent events are again drawing lutions, and promoting new tech- ther, if these trends continue, analysts our attention to Saudi Arabia. Last nologies such as intelligent transpor- say that in 10 years we will look to week, Attorney General Reno and FBI tation systems and magnetic levitation these overseas sources for two-thirds of Director Louis Freeh publicly acknowl- systems, which are also important al- our energy needs. edged what has been known for a long ternatives to help us reduce depend- In part because of the ready avail- time; and that is that the Saudis are ency on foreign oil. ability of less expensive sources of for- not cooperating with the United States The funding authority for ISTEA will eign oil, it has not been cost effective investigation into the terrible terrorist expire on September 30 this year, for U.S. energy companies to increase attack at Dharhan on June 25 of 1996. therefore creating the necessity and an domestic production. U.S. domestic We saw the terrorist attack on United opportunity to focus national atten- production of oil continues to decline, States citizens in Riyadh in November tion on the significant link between en- with an estimated 17,000 U.S. oil wells of 1995. We saw the Saudi investigation. ergy consumption and our transpor- ceasing production annually. U.S. in- We saw the Saudi execution of four tation infrastructure. A Department of dustry claims that regulatory relief convicts, people they said were guilty, Transportation study of the 50 largest and tax measures are necessary to on May 31, 1996 without giving the FBI urban areas in the United States sug- jump start domestic production again, an opportunity to question those indi- gests that nearly 4 billion gallons of and these are areas which we ought to viduals. Now Director Freeh has been gasoline are wasted each year due to consider. blunt about the lack of Saudi coopera- traffic congestion—approximately 94 This is a field that I have some per- tion, and Attorney General Janet Reno million barrels of oil. There is much at sonal knowledge in, Mr. President, said the same thing in public disclo- stake, for the annual economic loss to from my roots in Kansas where my fa- sures last week. business in the United States caused by ther ran a junkyard and where he and It is in the interest of the United traffic congestion is estimated in itself my brothers bought oil wells for sal- States, Mr. President, for our relation- at $40 billion by the Federal Transit vage and then flooded wells. We have a ship with Saudi Arabia to continue, Administration. We will be correcting great source of supply from those wells and we want to have a good relation- many problems if we work on mass and other production in the United ship with the Saudis. But we have some transit and road improvements to re- States which we really ought to reex- 5,000 U.S. military personnel there. We duce traffic congestion and also our de- amine in the context of this major have thousands of other U.S. personnel pendence on foreign oil. international problem. there. I think it is important for the Legislation to reauthorize Federal In an effort to protect ourselves Saudis to understand that continued highway programs will provide an op- against the disruption of oil supplies United States cooperation requires fair portunity to improve existing road- after the oil crises we faced in the treatment for our investigative efforts. ways, construct more efficient by- 1970’s, Congress established the Stra- Along a parallel line, it is important passes and highway interchanges and tegic Petroleum Reserve. That reserve for the Saudis to understand that re- generally reduce congestion in our cit- was intended to minimize the effects of spect for United States personnel ies and towns. Further, a key weapon any disruptions from the import of oil, there, for their religious freedom, is of in our effort to reduce our dependence and by the end of 1989 that reserve held enormous importance. It was not too on oil shipments from potentially un- 580 million barrels. The first sale from long ago, in the mid 1980’s, when stable regions is public transportation that reserve occurred after the Iraqi in- United States citizens were arrested in and mass transit. vasion of Kuwait in August 1990, dem- their households by the so-called ‘‘reli- Mass transit has developed to include onstrating that the reserve can serve gious police’’ and held in detention. traditional bus and subway lines, com- its intended purpose, because it was But this effort to maintain our rela- muter rail, cable cars, monorails, used at that time. tionship with the Saudis, while of enor- water taxis, and several other modes of The effectiveness of the reserve is mous importance, requires that we shared transportation. Public transpor- measured by the number of days of net focus on a potential problem of what tation is a lifeline for millions of

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S837 Americans and deserves substantial number of ways. We can address these Kuwait or Saudi Arabia,’’ he said, ‘‘the abil- funding for that reason alone. However, problems through our foreign policy ity of the world to make it up is zero. And it deserves even greater funding when with the Saudis, and by trying to re- nobody would honestly say the Middle East one considers that public transpor- duce dependency on foreign oil in a va- is more secure today than it was a decade tation saves 1.5 billion gallons of fuel riety of ways, such as first, stimulating ago.’’ consumption annually in the United our domestic oil production consistent But Mr. Goldstein and other experts say oil States and that each commuter who with environmental concerns, and sec- is no longer at the top of America’s problem switches from driving alone to using ond, reauthorizing the ISTEA pro- list of a number of reasons. public transportation saves 200 gallons grams, which will give us an oppor- For one, interruptions in supply from the of gasoline per year, according to gov- tunity to achieve some meaningful Persian Gulf are possible, but there is no ernment and private studies. Transit economies through mass transit. enemy superpower poised to march in. thus deserves a renewed and expanded There being no objection, the article ‘‘When the Soviet Union was still around, it Federal commitment as we begin con- was ordered to be printed in the had six airborne divisions seemingly ready to fly into the gulf,’’ said Mr. Schlesinger, who sideration of the reauthorization of RECORD, as follows: also did a turn as Secretary of Defense. ISTEA. [From the New York Times, Jan. 26, 1997] OPEC has lost power too, he said. The additional benefits of reducing OIL IMPORTS ARE UP—FRETTING ABOUT IT IS fuel consumption and improving the In fact, the so-called North-South con- DOWN frontation of the 1970’s, with rich oil-con- environment, not to mention the mil- (By Matthew L. Wald) suming nations facing off against poor en- lions of Americans who are involved in WASHINGTON.—In his second inaugural ad- ergy-producing ones, is mostly gone. Daniel the transit industry, provide extra rea- dress last week, Bill Clinton made promises Yergin, president of Cambridge Energy Re- son to stop and explore the case for on the usual problems, like race relations, search Associates, pointed out that in the mass transit. In our States, citizens education and health. But another hardy pe- 1970’s and 1980’s, oil-producing countries na- and communities depend on good pub- rennial, the nation’s dependence on imported tionalized their industries, but now they are lic transportation for mobility, access oil, went unmentioned. Not gone but forgot- privatizing them and asking for Western in- to jobs and health care providers, envi- ten, this problem is larger than ever. vestment. ‘‘It’s back to a high degree of Imports have risen to record levels—about ronmental control, and economic sta- interdependence,’’ he said. ‘‘Everybody 50 percent of consumption, according to the wants to be on the same team now.’’ bility. American Petroleum Institute. Needing cash And America itself has changed. The In the context of ISTEA reauthoriza- last year, the Government sold off about 25 amount of goods and services that 20 years tion, I intend to work closely with my million barrels from its Strategic Petroleum colleagues to ensure that sufficient Reserve, the equivalent of almost three ago required five barrels of oil to make now funds are available for improving our weeks of imports from Saudi Arabia. That takes only three. Not only have utilities switched to coal and natural gas, but the transportation infrastructure, includ- hoard might have been precious in a crisis. But there will not be another crisis quite output of the American economy has also ing both highways and transit. As a shifted away from products using vast first step, I was pleased to join 56 of my like the oil shortages of 1973 to 1974 and 1979 to 1980, experts say, and there are reasons amounts of energy, like heavy manufactured colleagues in a recent bipartisan letter that might justify America’s profligate goods, to those that use hardly any, like to Budget Committee Chairman PETE course. Last year, domestic production de- movies and computer software. DOMENICI urging that the fiscal year creased, but the oil companies delivered 2.8 The price of oil is down, too. In 1980, oil 1998 budget resolution reflect the need percent more fuel to their customers. As a sales were about 8.5 to 9 percent of gross do- for increased transportation funding. result, imports, which are relatively cheap, mestic product. ‘‘Today, it’s a little over 3 Further, I am currently working on increased 6 percent, the institute said. percent,’’ Mr. Goldstein said. legislation that reflects the energy and The contrast between the bad old days and today is stunning. When imports were 40 per- Mr. Goldstein also distinguishes between environmental benefits of public trans- cent of consumption, Jimmy Carter, donning dependency and vulnerability. If this coun- portation by increasing funding for a cardigan, said that America should cut im- try cut its dependency by several million mass transit and preserving the ele- ports by nearly a third by 1985 and declared barrels a day, it would still be just as vulner- ments of the transit program incor- ‘‘the moral equivalent of war.’’ As President able to price shock, he said, because in a free porated in the 1991 ISTEA law. The ad- Carter’s energy czar, James R. Schlesinger, international market, ‘‘a disruption any- ditional benefits of reducing fuel con- but it last week, Americans now have where is a price shock everywhere.’’ Making evolved to ‘‘indifference without moral- a similar point last month, the G.A.O. gave sumption and improving the environ- the example of Britain after the fall of the ment will be present if we do have the izing.’’ Efforts to find substitute fuels for vehicles Shah of Iran and the subsequent price shock. highway-transit conservation ideas up- continue, along with programs to pump more That country was nearly self-sufficient in oil permost in our minds. Mr. President, I domestic oil and conserve use. But depend- at the time, but when the price rose, the eco- have taken some time today since we ence on foreign sources will grow anyway, nomic dislocation was severe. The G.A.O. re- are in morning business and since there the General Accounting Office said last port found that ‘‘vulnerability is linked to is not business at hand to speak on the month, because rising demand will outstrip dependence on oil, not merely to dependence subject of the interrelationship be- all these efforts as the economy grows. Even on imported oil.’’ tween the way we handle mass transit without a population increase or new fac- Cheap oil is still a boon to the American and oil conservation in the context of tories to consume more energy, new Chevy economy. The G.A.O. put the benefits of Astros, Mercury Villagers and other vans are cheap oil at hundreds of billions of dollars what is going on in the Mideast and roaring out of showrooms as old fuel-effi- very serious potential problems which annually. Its analysis explicitly excluded the cient Chevy Chevettes and Honda Civics head cost of human life in sending American sol- we face there. for the scrap heap. That means more fuel per diers back into Mideastern oil fields—or the Mr. President, I ask unanimous con- mile. limits that import dependency may impose sent that an article in the New York Combined with declining domestic produc- an American foreign policy. In the current Times from last Sunday be printed at tion, imports could rise to 60 percent of con- political climate, though, those costs do not the conclusion of my comments, enti- sumption by 2015, the G.A.O. said. seem to be high on anybody’s list. tled ‘‘Oil Imports Are Up. Fretting Hazel R. O’Leary, whose job as Energy Sec- retary ended with Mr. Clinton’s swearing-in, Mr. SPECTER. Mr. President, I About It Is Down,’’ which summarizes said in an interview just before here depar- thank the Chair and note the absence some of the statistical basis for legiti- ture that the American people needed to get of a quorum. mate concern if we do not do some- the message, but delivering it was beyond thing about those oil imports and if we the ability of an Energy Secretary. She said The PRESIDING OFFICER (Mr. STE- do not focus on them. As the headline it would take another oil shock. VENS). The clerk will call the roll. notes, fretting about oil imports is And that appears about as certain as an- The bill clerk proceeded to call the down. It is passe. We do remember other hurricane in Florida or earthquake in roll. those long lines, many of us do, in 1973, California. The only question is when. Many of the elements are already in place; Larry Mr. ENZI. Mr. President, I ask unani- and we do see the problems in the Mid- Goldstein, the president of the Petroleum In- mous consent that the order for the east and the issue of stability of the dustry Research Foundation, said that idle quorum call be rescinded. Saudi Government. production capacity is only about three mil- This is the interrelation of problems lion barrels a day, all of it in the Persian The PRESIDING OFFICER. Without which I think we have to address in a Gulf. ‘‘If you were to have a disruption in objection, it is so ordered.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S838 CONGRESSIONAL RECORD — SENATE January 30, 1997 EPA PROPOSED NEW AIR QUALITY environmental gain. It is ridiculous to ducer in the Nation. Clean, low-sulfur STANDARDS think that we are saving the world by coal, I might add. But mining does cre- Mr. ENZI. Mr. President, I rise to ex- importing our natural resources. This ate some dust. Not really dust, it is press my deep concerns with the Envi- is what Senator Hatfield used to refer smaller than that. That is why we are ronmental Protection Agency’s pro- to as ‘‘environmental imperialism’’— talking about the size of these particu- posed changes to air quality standards. imperialism inflicted on nations too lates. I wish each of you would have an The EPA kicked off the last Thanks- desperate to ignore our resource mar- opportunity to visit a mine in Wyo- giving weekend by announcing its in- kets yet too poor to enforce their own ming. Many of you would see a very tention to move their air quality goal- environmental standards. clean industry. But now the particu- posts yet again. It seems they change Can the word ‘‘ridiculous’’ apply to lates have to be even finer. And oil re- the rules more frequently than the the proposed standards themselves? fining creates gases. NFL and the NBA put together. I doubt The current standard for particulate The Nation simply cannot have job- there were many State or local govern- matter limits particles to 10 microns or producing factories or heat in their ments that spent Thanksgiving giving larger. The proposed standard would homes without those byproducts. We thanks for that announcement. I was change that to particles larger than 2.5 are led to believe these standards the mayor of Gillette, a coal producing microns. For comparison, a human hair would eliminate billowing clouds of town on the plains of Wyoming. I know is about 28 microns in width. For pollution, but the current laws already firsthand how hard many of our Na- ozone, the current standard of .12 parts do that. These proposed standards tion’s cities and States have been per million averaged over 1 hour would would place enormous burdens on our working. They have been expending a be replaced by a new standard of .08 mining and refining industries and huge amount of effort and dollars just parts per million averaged over 8 would simply spell the end of many to get into compliance with the stand- hours. In light of the fact that there western refineries. ards established in 1990. are many cities across the Nation that The Environmental Protection Agen- And let there be no mistake. Compli- have yet to satisfy the current stand- cy and its handmaiden, the environ- ance, for better or worse, has been ard and the fact that no one yet has mental movement, are engaging in a costly. It has been costly to small busi- justified these new standards, I think form of execution attributed to the an- nesses, businesses that operate on thin it is safe to say that the proposed cient Chinese. It is known as death by profit margins in the best of cir- standards fail the credibility test. The 10,000 slices, and its current victim is cumstances. It has been costly to Congressional Research Service has the American economy. Each swipe of major industries that have spent hun- stated that ‘‘The new standards would the knife results in wounds that are in- dreds of millions of dollars retooling substantially increase the number of dividually minor but cumulatively dis- their plants and factories to comply areas not attaining the Clean Air Act’s astrous. With every burdensome stand- with that law. It has been costly to air quality standards and magnify the ard, the blade flashes and another State and local governments that have difficulties faced by present nonattain- small business goes under. With every had to divert scarce dollars to man- ment areas in reaching attainment.’’ new expensive regulation, a new slice dated planning and enforcement duties. And the hardship to be imposed is drips red and another plant or factory And most of all, it has been expensive without reasonable evidence of any ad- moves overseas. With every additional for the citizens who lose jobs when in- ditional benefit. surtax, the knife whistles by, and the dustries relocate overseas or to other Billions—billions—of dollars were American family has less money to areas of the country that are already sent by cities and industry 10 years ago place back into the economy. in compliance. This costly compliance to comply with the current standards. Mr. President, we must restore a has resulted in the higher taxes levied Yet, now the EPA intends to require semblance of balance and reason to our to compensate for a smaller tax base. billions more to comply with the new environmental laws. We must intro- And citizens notice higher costs for standards. The capital invested in cur- duce cost-benefit analysis and risk as- goods and services. rent compliance has yet to be paid off, sessment into the environmental equa- I do recognize that the EPA excludes in many instances. Areas that are not tion. We must evaluate science above economic concerns from the formula- yet in compliance with the current politics. We must honor the work of tion of their air quality standards. The standards will have to strengthen their the last Congress in restricting un- 1990 amendments to the Clean Air Act restrictions by several orders of mag- funded Federal mandates. We must require that oversight. The air quality nitude. The possibility of mandatory stop moving the goalposts on cities, standards established in 1990 have been car pooling and bans on backyard bar- towns, States, and businesses that are beneficial to our Nation’s environment becues and lawn mowing are ridiculous, already working hard to comply. We and, by extension, our public health. Of but probably will be the result. must give business and industry incen- course, the more radical environ- I can assure you they will not go over tives to work toward our spiraling en- mentalists point to the absence of an well in my State. Wyoming is popu- vironmental goals. It is a small planet. economic apocalypse over the past 7 lated with people gifted with a basic It is where you and I live. We can’t years as proof that no environmental common sense. They are aggressively keep shifting environmental problems standard is too strict and nothing is independent and free thinking. I can to poorer countries who can’t afford impossible. You and I know that noth- only imagine the head scratching that the level of clean air we enjoy. We ing is impossible. But arm in arm with will ensue when they see county tanker must recognize that the worst thing in successes has come a dangerous cor- trucks watering the dirt roads around the world for the environment is not ollary. It is also easy to believe that there. After all, Wyoming has miles responsible logging or ranching or min- nothing is too outrageous. and miles of miles and miles, and many ing, but poverty. In the name of species protection, of those roads are gravel. I yield the floor. logging in the Pacific Northwest has Anyone familiar with the average Mr. DORGAN addressed the Chair. all but disappeared. Years of careful Wyoming winter understands the The PRESIDING OFFICER. The Sen- forest management had rendered these axiom that sand is safety, yet sand ap- ator from North Dakota. the most productive forest lands in the plied to ice-bound roads results in a Mr. DORGAN. Mr. President, I ask world. They are so productive that for dust level, and that dust level already unanimous consent to speak for 10 min- every 100,000 acres of Pacific Northwest violates the proposed standards in utes in morning business. forest land taken out of production, we many communities. The current clean The PRESIDING OFFICER (Mr. force a half-million acres of Siberian air standards are already causing ENZI). Without objection, it is so or- wilderness to be cut down to fill the wrecks and injury to people. dered. void. Environmentalists may have From an economic perspective, these f saved a few spotted owls, but in the standards will visit tremendous hard- process they have probably signed the ships upon my State and upon every CAMPAIGN SPENDING death warrant of the Siberian tiger. It State that depends on land-use indus- Mr. DORGAN. Mr. President, I nois ridiculous to trade jobs for dubious tries. Wyoming is the largest coal pro- ticed in the newspapers this morning

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S839 that the chairman of the Governmental money in politics. They say we spend who believe that, that is an accounting Affairs Committee is suggesting that more money on washing machines and gimmick; just an accounting gimmick, he be given some $6.8 million to hire dog food than we do on politics, sug- they say. some 80 investigators on the issue of gesting somehow that politics is a com- There are two to three dozen folks investigating campaign irregularities, mercial activity like everything else, over in the House of Representatives apparently including the ones that are just buy and sell. now, I am pleased to say, on the Repub- in the paper about the Democratic Na- Our political system is our democ- lican side who are saying exactly what tional Committee, and more. racy. It ought not be for sale. What has some of us have been saying for some It seems to me the first step in deal- happened to money in politics is that it long while, that it is not honest budg- ing with the issue of irregularities in has ratcheted up out of control in an eting to collect money from paychecks campaigns—and if there are some, they exponential way, and it is time for us of workers, call it Social Security ought to be investigated—the first step to put some limits on campaign spend- taxes, tell them we promise we will put would be to give the Federal Election ing. Let’s limit campaign spending, and it in a trust fund, and then use it as an Commission some teeth. Invest a little let’s make it stick. There is too much offset for other revenue so you can bit in the Federal Election Commission money in politics, and we can do the claim the budget is in balance when it and give it some teeth, and let them in- American democratic system and the isn’t. vestigate. But if we are going to inves- American public a real service if we To those who say this is an account- tigate in Congress, if we are going to would, on a bipartisan basis, decide to ing gimmick, I ask one question: Why have a group of politicians inves- come together and support campaign is it that when those who want to use tigating another group of politicians, I finance reform that has real and effec- this device of misusing Social Security don’t think we need $6.8 million to do tive spending limits. trust funds to balance the budget, why that. But if they decide to do that, I Yes, it can be done and it ought to be is it when their budget is balanced, the have a suggestion: Go ahead and rent a done today, tomorrow, next week or Federal Government will still borrow truck and back it up to whatever next month. We do not need $6 million $130 billion more that year? Why, if house—the Republican National Com- or 80 investigators to do that. All we your budget is in balance, is the Fed- mittee or the Democratic National need is the will to decide there is too eral debt still growing? Committee—and I hope all of them will much money in American politics and The answer: The debt is still growing encourage their minions to load up all we ought to limit campaign spending. when those who advocate this practice the relevant paper and let people read Take a look at what has happened claim the budget is in balance because it to see who did what, who didn’t do with campaign spending relative to the the budget is not in balance. It is a what and who didn’t comply with laws consumer price index in this country. ruse. It is a charade. More than that, it and who did comply with laws. You will see the consumer price index is misusing money that if you did it in But it ought to be more than that. has risen a bit and campaign spending the private sector, you would be on The trail of trouble, it seems to me, in has risen out of sight. There is too your way to some minimum security campaign financing isn’t just in the na- much money in politics, and we ought installation, because you can’t do it in tional committees—and there are some to adopt a bill that the President will the private sector. problems in both national committees. sign that limits spending in our polit- If you run a business and say to your One fellow went to jail already earlier ical system. employees, ‘‘I will put money away in this year on the issue on the other side Some won’t like that, I suppose. We a pension program for you, but, by the of the aisle. There are plenty of ques- have one party that spends twice as way, I had a loss in my business this tions on this side of the aisle with re- much as another party. I suppose they year so I am going to take your pen- spect to the DNC. would say, ‘‘We have a 2-to-1 advan- sion money and offset it against my Let’s find out where the trouble was tage, so why would we want to do loss so I can say to people that I and correct it. But that is not the only that?’’ haven’t lost any money,’’ what happens place there is trouble on the campaign We ought to do it to clean up the po- to you isn’t very pretty, because that trail. Let’s also investigate the growth litical system. The fact is, there have is against the law. of these 501(c)(3) organizations that been abuses on both sides. Any abuse That is exactly what is proposed we some in politics have created to get ought to be investigated, and we ought enshrine in the Constitution, by saying tax-exempt money and use it in the po- to investigate it thoroughly. Let’s not that we should take the Social Secu- litical system. Let’s follow that string take one little cause of abuses and say, rity trust funds and declare them rev- wherever that leads. ‘‘All right, let’s drive our trucks over enue with all other revenue and then In my judgment, there are a substan- there and send all our investigators declare that we have balanced the tial number of questions that need to over there.’’ Let’s look at all the whole budget. be addressed by investigators in that thing. Let’s look at 501(c)(3)’s using tax In the same year when we declare we whole range of areas. Once we start exemption and trying to contravene have balanced the budget, we will have down this trail, let’s make sure we fol- the law. Let’s find out how they have to increase the debt limit because the low the fresh trail all the way to the done it, why they have done it, and debt is still increasing. And when the end, not just take a look at one little what laws they have broken. If we are folks in North Dakota or Wyoming or building or another little building. going to have an investigation, we New Mexico or elsewhere ask us the Let’s look at all of it. ought to open that investigation, make question, ‘‘If you have balanced the I say to those who are concerned it aggressive and don’t limit the vision. budget, why did you have to increase about it—and I am concerned about f the debt limit?’’ I want to be around it—the first step ought to be for us to for the answer, because the answer is, come to the floor of the Senate—we CONSTITUTIONAL AMENDMENT TO the budget was not balanced. could do it this afternoon or early next BALANCE THE BUDGET I think fiscal discipline is a pretty week—and decide there is too much Mr. DORGAN. Mr. President, we are good thing. I come from a small town, money in politics and we ought to going to have a vote on a constitu- a small school, a small State. We be- limit campaign spending. tional amendment to balance the budg- lieve in fiscal discipline. I am pleased I The Supreme Court says that is hard et very soon. Some discussion on the have been one of those who cast votes to do, but there are mechanisms by floor of the Senate in the last day or so to reduce the Federal budget. The def- which we could do it. If Republicans said that those of us who believe that icit is down 60 percent in the last 4 and Democrats decided to create a sys- when we put a provision in the Con- years. The last 4 years in a row it has tem in which there were voluntary stitution requiring a balanced budget, been down. I cast tough votes to do spending limitations, we would limit we ought not enshrine in the Constitu- that. spending in campaigns, and we would tion the requirement to use the Social I will continue to do that. I will cast solve a lot of these problems. Security trust funds to balance the a vote in the coming weeks to support We have some folks trotting around budget, because we think it is dis- a constitutional amendment to balance here who think there is not enough honest budgeting. They say, those of us the budget. But I will not cast a vote

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S840 CONGRESSIONAL RECORD — SENATE January 30, 1997 that puts something in the Constitu- for everybody. That means that we LEGISLATIVE BRANCH tion that is wrong. And it is fundamen- need, as small States in the debate on Senators Bennett,1 Stevens, Craig, Dor- tally wrong to suggest that we take this highway system, fairness for the gan,2 Boxer. (3–2–) that balance of trust funds every year highway needs for our States. MILITARY CONSTRUCTION and use it to balance the budget. I will just say that as we work Senators Burns,1 Hutchison, Faircloth, In 1983, I was on the House Ways and through this debate in the coming Craig, Murray,2 Reid, Inouye. (4–3) Means Committee. Mr. Greenspan, at weeks and months, those of us who TRANSPORTATION that point, headed a commission to come from States like North Dakota Senators Shelby,1 Domenici, Specter, make recommendations on Social Se- and Wyoming and Alaska and others Bond, Gorton, Bennett, Faircloth, Lauten- curity funding. The commission rec- are going to be working very hard to berg,2 Byrd, Mikulski, Reid, Kohl, Murray. ommended that we begin to accumu- make sure that we are treated fairly in (7–6) late a pool of savings so that when the this reauthorization. Mr. President, I TREASURY, AND GENERAL GOVERNMENT baby boomers retire, there will be some yield the floor. Senators Campbell,1 Shelby, Faircloth, money in the Social Security system Mr. STEVENS addressed the Chair. Kohl,2 Mikulski. (3–2) to pay for their retirement. That is The PRESIDING OFFICER. The VA-HUD-INDEPENDENT AGENCIES going to be the maximum strain on the Chair recognizes the Senator from Senators Bond,1 Burns, Stevens, Shelby, Social Security system. Alaska. Campbell, Craig, Mikulski,2 Leahy, Lauten- berg, Harkin, Boxer. (6–5) So we began to accumulate a surplus f 1 Subcommittee chairman. this year. We will collect $70 billion SUBCOMMITTEE ASSIGNMENTS, more in Social Security than we spend 2 Ranking minority member. COMMITTEE ON APPROPRIA- SUBCOMMITTEE ASSIGNMENTS from that same system. Why? Because TIONS, 105TH CONGRESS we designed to save that. I will ask any of my colleagues on Mr. STEVENS. Mr. President, the SENATOR STEVENS the floor whether double-entry book- Committee on Appropriations held its Commerce, Justice, State, and Judiciary keeping means you can spend it twice. organizational meeting on January 28. Defense (Chairman) Can you claim you are saving it when Among other business conducted, the Foreign Operations in fact you use it over here with ordi- Committee approved subcommittee as- Interior and Related Agencies nary revenue and claim you use it to signments for the 105th Congress. I sub- Legislative Branch balance the budget? The answer is mit a list of the subcommittees and VA-HUD-Independent Agencies ‘‘no’’. There is no study, no set of stud- their membership for the 105th Con- SENATOR COCHRAN ies in this country, that allows you to gress, and ask unanimous consent that Agriculture, Rural Development, and Re- make that claim. it be printed in the RECORD. lated Agencies (Chairman) That is why, when we have a vote on There being no objection, the list was Defense Energy and Water Development a constitutional amendment to balance ordered to be printed in the RECORD, as follows: Interior and Related Agencies the budget, we will vote on two of Labor, Health and Human Services, Edu- them. One I will vote for and offer SUBCOMMITTEES cation, and Related Agencies Senator Stevens, as chairman of the Com- along with colleagues, and one I will SENATOR SPECTER mittee, and Senator Byrd, as ranking minor- oppose. That is the one that says, let Agriculture, Rural Development, and Re- us enshrine in the Constitution a prac- ity member of the Committee, are ex officio members of all subcommittees of which they lated Agencies tice that I think is fundamentally dis- are not regular members. Defense honest budgeting. Foreign Operations Mr. President, I ask unanimous con- AGRICULTURE, RURAL DEVELOPMENT, AND Labor, Health and Human Services, Edu- sent for 1 additional minute. RELATED AGENCIES cation, and Related Agencies (Chairman) Transportation and Related Agencies The PRESIDING OFFICER. Without Senators Cochran,1 Specter, Bond, Gorton, objection, it is so ordered. McConnell, Burns, Bumpers,2 Harkin, Kohl, SENATOR DOMENICI Mr. DORGAN. I wanted to visit some Byrd, Leahy. (6–5). Commerce, Justice, State, and Judiciary other issues today. I shall not do that COMMERCE, JUSTICE, STATE, AND JUDICIARY Defense Energy and Water Development (Chairman) and will wait until next week. Senators Gregg,1 Stevens, Domenici, Interior and Related Agencies McConnell, Hutchison, Campbell, Hollings,2 f Transportation and Related Agencies Inouye, Bumpers, Lautenberg, Mikulski. (6– REAUTHORIZATION OF ISTEA 5). SENATOR BOND Mr. DORGAN. Mr. President, one DEFENSE Agriculture, Rural Development, and Re- issue I want to visit is the need to re- Senators Stevens,1 Cochran, Specter, lated Agencies authorize the ISTEA program or the Domenici, Bond, McConnell, Shelby, Gregg, Defense Labor, Health and Human Services, Edu- highway program in this country. It is Hutchison, Inouye,2 Hollings, Byrd, Leahy, Bumpers, Lautenberg, Harkin, Dorgan. (9–8). cation, and Related Agencies important for States like North Da- Transportation and Related Agencies kota. DISTRICT OF COLUMBIA VA-HUD-Independent Agencies (Chairman) Senators Faircloth,1 Hutchison, Boxer.2 (2– I notice the Senator from Alaska is SENATOR GORTON 1) on the floor. He will, I am sure, have Agriculture, Rural Development, and Re- ENERGY AND WATER DEVELOPMENT the same feelings about this that I lated Agencies have. We are large States in land mass, Senators Domenici,1 Cochran, Gorton, Energy and Water Development small States in population. We have a McConnell, Bennett, Burns, Craig, Reid,2 Interior and Related Agencies (Chairman) need to construct a network of high- Byrd, Hollings, Murray, Kohl, Dorgan. (7–6) Labor, Health and Human Services, Edu- ways still across our States for inter- FOREIGN OPERATIONS cation, and Related Agencies state commerce and for a whole range Senators McConnell,1 Specter, Gregg, Transportation and Related Agencies of needs, but we have a very small tax Shelby, Bennett, Campbell, Stevens, Leahy,2 SENATOR MCCONNELL base with which to do it. Inouye, Lautenberg, Harkin, Mikulski, Mur- Agriculture, Rural Development, and Re- ray. (7–6) We have seen developed in this dis- lated Agencies cussion who are the donor States and INTERIOR Commerce, Justice, State, and Judiciary who are the donee States with respect Senators Gorton,1 Stevens, Cochran, Defense Energy and Water Development to highway moneys. Well, that is large- Domenici, Burns, Bennett, Gregg, Campbell, Byrd,2 Leahy, Bumpers, Hollings, Reid, Dor- Foreign Operations (Chairman) ly irrelevant to me. If they want to gan, Boxer. (8–7) SENATOR BURNS ship fresh fruit and frozen fish from LABOR, HEALTH AND HUMAN SERVICES, Boston to Seattle, do they want to ship Agriculture, Rural Development, and Re- EDUCATION lated Agencies them on gravel roads through North Senators Specter,1 Cochran, Gorton, Bond, Energy and Water Development Dakota and Wyoming? I do not think Gregg, Faircloth, Craig, Hutchison, Harkin,2 Interior and Related Agencies so. We want to maintain and develop a Hollings, Inouye, Bumpers, Reid, Kohl, Mur- Military Construction (Chairman) National Highway System that works ray. (8–7) VA-HUD-Independent Agencies

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SENATOR SHELBY Defense I. MEETINGS Defense Interior and Related Agencies The Committee will meet at the call of the Foreign Operations Labor, Health and Human Services, Edu- Chairman. cation, and Related Agencies Transportation and Related Agencies (Chair- II. QUORUMS man) SENATOR LAUTENBERG 1. Reporting a bill. A majority of the mem- Treasury and General Government Commerce, Justice, State, and Judiciary bers must be present for the reporting of a VA-HUD-Independent Agencies Defense bill. SENATOR GREGG Foreign Operations 2. Other business. For the purpose of Commerce, Justice, State, and Judiciary Transportation and Related Agencies (Rank- transacting business other than reporting a (Chairman) ing) bill or taking testimony, one-third of the Defense VA-HUD-Independent Agencies members of the Committee shall constitute Foreign Operations SENATOR HARKIN a quorum. Interior and Related Agencies Agriculture, Rural Development, and Re- 3. Taking testimony. For the purpose of Labor, Health and Human Services, Edu- lated Agencies taking testimony, other than sworn testi- cation, and Related Agencies Defense mony, by the Committee or any sub- SENATOR BENNETT Foreign Operations committee, one member of the Committee or Labor, Health and Human Services, Edu- subcommittee shall constitute a quorum. Energy and Water Development cation, and Related Agencies (Ranking) For the purpose of taking sworn testimony Foreign Operations VA-HUD-Independent Agencies by the Committee, three members shall con- Interior and Related Agencies stitute a quorum, and for the taking of Legislative Branch (Chairman) SENATOR MIKULSKI sworn testimony by any subcommittee, one Transportation and Related Agencies Commerce, Justice, State, and Judiciary member shall constitute a quorum. SENATOR CAMPBELL Foreign Operations Transportation and Related Agencies III. PROXIES Commerce, Justice, State, and Judiciary Treasury, and Government Except for the reporting of a bill, votes Foreign Operations VA-HUD-Independent Agencies (Ranking) may be cast by proxy when any member so Interior and Related Agencies SENATOR REID requests. Treasury and General Government (Chair- man) Energy and Water Development (Ranking) IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED VA-HUD-Independent Agencies Interior and Related Agencies SESSIONS Labor, Health and Human Services, Edu- SENATOR CRAIG Attendance of Staff Members at closed ses- cation, and Related Agencies Energy and Water Development sions of the Committee shall be limited to Military Cosntruction those members of the Committee Staff that Labor, Health and Human Services, Edu- Transportation and Related Agencies cation, and Related Agencies have a responsibility associated with the SENATOR KOHL Legislative Branch matter being considered at such meeting. Military Construction Agriculture, Rural Development, and Re- This rule may be waived by unanimous con- VA-HUD-Independent Agencies lated Agencies sent. Energy and Water Development SENATOR FAIRCLOTH V. BROADCASTING AND PHOTOGRAPHING OF Labor, Health and Human Services, Edu- COMMITTEE HEARING District of Columbia (Chairman) cation, and Related Agencies Labor, Health and Human Services, Edu- The Committee or any of its subcommit- Transportation and Related Agencies tees may permit the photographing and cation, and Related Agencies Treasury, General Government, (Ranking) Military Construction broadcast of open hearings by television and/ SENATOR MURRAY Transportation and Related Agencies or radio. However, if any member of a sub- Treasury, General Government Energy and Water Development committee objects to the photographing or Foreign Operations broadcasting of an open hearing, the ques- SENATOR HUTCHISON Labor, Health and Human Services, Edu- tion shall be referred to the Full Committee Commerce, Justice, State, and Judiciary cation, and Related Agencies for its decision. Defense Military Construction (Ranking) VI. AVAILABILITY OF SUBCOMMITTEE REPORTS District of Columbia Transportation and Related Agencies Labor, Health and Human Services, Edu- To the extent possible, when the bill and SENATOR DORGAN cation, and Related Agencies report of any subcommittee are available, Military Construction Defense they shall be furnished to each member of Energy and Water Development the Committee thirty-six hours prior to the SENATOR BYRD Interior and Related Agencies Committee’s consideration of said bill and Agriculture, Rural Development, and Re- Legislative Branch (Ranking) report. lated Agencies SENATOR BOXER VII. AMENDMENTS AND REPORT LANGUAGE Defense Energy and Water Development District of Columbia (Ranking) To the extent possible, amendments and Interior and Related Agencies (Ranking) Interior and Related Agencies report language intended to be proposed by Transportation and Related Agencies Legislative Branch Senators at Full Committee markups shall VA-HUD-Independent Agencies be provided in writing to the Chairman and SENATOR INOUYE f Ranking Minority Member and the appro- Commerce, Justice, State, and Judiciary priate Subcommittee Chairman and Ranking Defense (Ranking) RULES OF THE COMMITTEE ON Minority Member twenty-four hours prior to Foreign Operations APPROPRIATIONS, 105TH CON- such markups. Labor, Health and Human Services, Edu- GRESS VIII. POINTS OF ORDER cation, and Related Agencies Military Construction Mr. STEVENS. Mr. President. I sub- Any member of the Committee who is floor mit, for printing in the RECORD, the manager of an appropriation bill, is hereby SENATOR HOLLINGS rules of the Committee on Appropria- authorized to make points of order against Commerce, Justice, State, and Judiciary tions, which were adopted at the orga- any amendment offered in violation of the (Ranking) nizational meeting of our Committee Senate Rules on the floor of the Senate to Defense such appropriation bill. Energy and Water Development on January 28. Under the provisions of Interior and Related Agencies paragraph 2 of rule XXVI of the stand- f Labor, Health and Human Services, Edu- ing rules of the Senate, the rules of TRIBUTE TO THE LATE ROBERT B. cation, and Related Agencies each committee shall be printed in the ATWOOD, ALASKA PIONEER SENATOR LEAHY CONGRESSIONAL RECORD not later than March 1 of the first year of each Con- Mr. STEVENS. Mr. President, Alaska Agriculture, Rural Development, and Re- lost one of its greatest 20th century lated Agencies gress. Defense I ask unanimous consent that the pioneers this month, when Robert B. Foreign Operations (Ranking) rules be printed in the RECORD. Atwood died on January 10. Interior and Related Agencies There being no objection, the rules Many today remember him as the VA-HUD-Independent Agencies were ordered to be printed in the man who edited and published Alaska’s SENATOR BUMPERS RECORD, as follows: largest newspaper, the Anchorage Agriculture, Rural Development, and Re- RULES 1 Times, for more than 50 years. lated Agencies (Ranking) 1 Adopted pursuant to Rule XXVI, paragraph 2, of But some of my best memories are of Commerce, Justice, State, and Judiciary the ‘‘Standing Rules of the Senate.’’ the hours and days and weeks we spent

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S842 CONGRESSIONAL RECORD — SENATE January 30, 1997 together in the 1950’s, when he was the Evangeline Atwood Theater at An- Army National Guard and the Alaska chairman of the Alaska Statehood chorage’s performing arts center. His Air National Guard. Committee and I was assistant to the generosity touched the lives of thou- He brought the great workhorses of Secretary of the Interior Fred Seaton sands of Alaskans, though they may the air, C–130’s, into service in Alaska, as Alaskans sought Statehood. never have known it. expanded our Eskimo scout contingent Bob Atwood was a leader in that Bob Atwood had the manners of an by establishing training programs for fight. He crystallized the support of old-fashioned gentleman, the curiosity women, and led the guard in helping our Nation’s press to put the 49th star and sense of fun of a youngster, and Alaska and Alaskans through floods on our flag. It was his understanding writing and editing talents that could and other natural disasters. and knowledge of the news media, and only be achieved through graceful ma- While many describe him as a sol- his friendships among editors and pub- turity and a great understanding and dier’s soldier, Nick Necrason was lishers across our Nation that brought love of words. equally as well-liked and at home in the press on board, to champion the In helping to make life better for all the civilian community. cause for bringing Alaska into the Alaskans, Bob Atwood made history. He was known for his skill at bridge union. Not too many years later, he He was indeed a great man, who helped and at poker, and with his wife, Myrle, was responsible for newspapers across to make our great land even greater. who survives him, as a gracious host, our Nation understanding the impor- He was also a dear, good and loyal welcoming people from all parts of our tance of building our great Alaska friend. I will miss him. Our sympathy State and our world to their home. pipeline. goes out to his daughter Elaine and his General Necrason’s heroism during Bob Atwood was more than a great grandsons and granddaughter, to whom combat, his distinguished peacetime publisher, more than the successful he was devoted. career, and his contributions to Alaska chairman of the Statehood Committee. As a visitor comes into my office, will not be forgotten. We extend our He was a cultural renaissance man, there is a photo of Bob Atwood and me deepest sympathy to his wife Myrle, who did much behind the scenes to pro- with our snowmachines in the broad daughters Ginger and Sandy, and his mote the arts and education in Alaska. fields near Alyeska, the ski resort in grandchildren. Bob loved new technology, and my home town, Girdwood, AK. I cher- Thank you, Mr. President. brought his newspaper into the com- ish those days when I spent time there puter age long before most of the Na- with Bob, with Evangeline and Elaine f tion’s largest dailies were on line. He Atwood. Bob was a true Alaskan—a real pio- LIEUTENANT GENERAL SAMUEL E. was the first one on the staff of the An- EBBESEN, UNITED STATES ARMY chorage Times to learn how to use the neer. new computers, while his staff strug- Thank you very much, Mr. President. Mr. STEVENS. Mr. President, today gled with the transition from type- f I salute an outstanding military officer, Lt. Gen. Samuel E. Ebbesen, U.S. writers to the electronic age. TRIBUTE TO MAJ. GEN. CONRAD F. Army. General Ebbesen is retiring this His knowledge of history, and of the ‘‘NICK’’ NECRASON many serious- and humorous-stories month with more than 35 years of dedi- Mr. STEVENS. Mr. President, our about Alaska and Alaskans who shaped cated service to our country, culmi- Nation lost one of the genuine heroes my State’s history, was extraordinary. nating in assignments as Commanding of World War II, a man who went on to Bob was generous in sharing those sto- General, Second United States Army, a distinguished second career in Alas- ries with organizations and groups who and Deputy Assistant Secretary of De- ka, when Maj. Gen. Conrad F. ‘‘Nick’’ asked him to speak or to attend their fense for Military Personnel Policy. Necrason died this last month. In his most recent position, he was meetings. He was the recipient of the Silver Above all, Bob Atwood understood responsible for the establishment of all Star, the Legion of Merit, and the Dis- the importance of a strong military policies concerning military personnel tinguished Flying Cross. He also re- presence in Alaska, the crossroads of matters including accessions and received our State of Alaska’s highest the world, and he helped to make the tention programs; compensation and military award, the Legion of Merit. benefits; and the classification, assign- Nation aware of our strategic global He began his career at West Point. ment and career development for the position. After his 1936 graduation, he went on to 1.4 million service members of the De- He was a tireless supporter of our flying school, earning his wings in the partment of Defense. His accomplish- service men and women, and remained Army Air Corps the next year. friends with many of them long after When the Japanese attacked Pearl ments were many, resulting in im- their tours of duty in Alaska were Harbor, General Necrason was flying to proved quality of life for our service over. For 40 years Bob served on the Pearl Harbor as part of a bomber members and the enhanced readiness of military’s civilian advisory boards in squadron. He loved to tell the story of our Armed Forces. Alaska, and was president since 1976 of how he had to land on a golf course General Ebbesen, a native of St. the Alaskan Command Civilian Advi- during the battle—the attack of the Croix, VI, was commissioned in 1961 sory Board. He assured that in Alaska Japanese on Hawaii. through the Reserve Officer Training there was—and still is—a partnership During World War II, General Corps [ROTC]. He holds a Bachelor of between our military stationed in our Necrason flew 360 air combat hours, Arts degree in political science from State and Alaskans. and was recognized for developing low- City College of New York and a Mas- Immediately after the 1964 earth- level bombing techniques. He flew a ters degree in public administration quake, he told me he wanted to buy whole variety of aircraft, most notably from Auburn University. His military land and build a house close to the area P–38 fighters and B–17 bombers. In 1943, schooling includes the Infantry Officer most damaged by the earthquake, to he was wounded in action over Burma. Basic and Advanced Courses, U.S. show his confidence in the future of A few years later, he flew bombers Army Command and General Staff Col- Alaska. He built that house and opened during the Korean conflict. lege, and the Air War College. it up time and again to men and General Necrason came to Alaska at During his distinguished career, Gen- women from our State and hundreds of an exciting time, just as statehood eral Ebbesen served in numerous lead- others he had met during his travels in dawned, and was commander of the ership and key staff positions through- our country and all over the world. Alaskan Air Command at Elmendorf out the Army. He served as the com- My friend Bob was quietly generous Air Force Base from 1958 to 1961. manding general, 6th Infantry Divi- to a number of causes which were never After retirement in 1965, he became sion, Light, Fort Wainwright, AK, as publicized. In addition, he was proud of Alaska’s Adjutant General and com- the deputy commander, Alaska Com- those which bear his name, to which he mander of the National Guard, serving mand [ALCOM] and as the assistant di- donated millions of dollars, including from 1967 through 1972, and again from vision commander, 6th Infantry Divi- the Atwood chair in journalism at the 1974 to 1982. sion, Light. After the division relo- University of Alaska, the Atwood Cen- During those years, he effected a suc- cated—north of the range—in Alaska, ter at Alaska Pacific University, and cessful restructuring of the Alaska General Ebbesen was instrumental in

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S843 successfully integrating the 6th Infan- ensure the continued viability of the McMahon, Robert Patton, Carol Pow- try Division—Light—into the Fair- U.S.-flag merchant marine. It will ell, John Swank, Kenneth Willis, and banks community. He fostered strong guarantee that there will be an ade- Joan Yim. community relationships which endure quate number of private-sector, U.S.- To conclude, Mr. President, I would today. Under General Ebbesen’s tenure, flag vessels on hand for the Depart- like to add that the Maritime Adminis- the 6th Infantry Division achieved safe- ment of Defense in times of war or na- tration will continue to administer the ty records which were unsurpassed in tional emergency. Our Nation will con- Maritime Security Program through- the United States Army at that time. tinue to support a base of maritime out the 10-year life of the Maritime Se- This record was achieved in spite of ad- employment to provide trained, loyal curity Act. Although the work from verse and difficult climatic conditions. U.S.-citizen merchant mariners to crew the good folks at MARAD is just the He ensured that the 6th Infantry Divi- the Department of Defense’s Ready Re- beginning, we should honor their ef- sion were pivotal players in the U.S. serve fleet of sealift vessels. forts. They have done so much to en- Pacific Command’s Expanded Relations Quite simply, without this legisla- sure that the American flag will still Program throughout the Asia-Pacific tion the United States might have lost fly in the world’s sea lanes. American region. Further, General Ebbesen sig- its merchant marine. Some of our Na- merchant mariners will be on the decks nificantly improved quality of life for tion’s most honored former military of those ships. And, our Armed Forces those soldiers and their families sta- leaders let us know last year, in no un- will have the necessary strategic sea- tioned throughout Alaska. certain terms, just how costly that lift capability to project America’s Additionally, General Ebbesen served would be. Our Armed Forces are count- presence overseas. as the Deputy Chief, Legislative Liai- ing on the U.S.-flag merchant marine Thank you, MARAD. son, Office of the Chief of Legislative to bring them the supplies they need to f Liaison, United States Army, Wash- sustain their operations on hostile RETIREMENT OF PROCTOR JONES ington, DC; Chief of Staff, I Corps, Fort shores. If history has taught us one les- Mr. FORD. Mr. President, today Lewis, WA; commander, 1st Brigade, son, Mr. President, we should hold a marks the last day for one of the Sen- 101st Airborne Division, Air Assault, deep appreciation for the importance of ate’s most competent and skilled legis- the U.S.-flag merchant marine to our Fort Campbell, KY; Deputy Chief, lative aides. Proctor Jones, staff direc- Plans and Operations Division, and Nation’s security. That is why the out- tor of the Appropriations Sub- later Executive Officer, Office of the standing efforts of the Maritime Ad- committee on Energy and Water Devel- Chief, Legislative Liaison, Office of the ministration deserves recognition. opment has spent the last 36 years In the days following enactment of Secretary of the Army, Washington, helping to assure the legislative proc- the Maritime Security Act, the staff of DC; and Commander, 2d Battalion, 32 ess moves forward. I know I am just the Maritime Administration worked Infantry, 7th Infantry Division; Execu- one of many who are grateful for his tirelessly to iron out the contracts be- tive Officer, 2d Brigade, 7th Infantry guidance on a wide array of energy Division; and G3, 7th Infantry Division, tween the Government and the indi- issues. Fort Ord, CA. vidual U.S.-flag vessel operators. This During his tenure in the Senate he General Ebbesen’s military awards is the backbone of the Maritime Secu- has gained a reputation for doing his and decorations include the Defense rity Program. homework, having a deep under- Distinguished Service Medal, Legion of At the same time, MARAD staff co- standing for the appropriations proc- Merit—with 3 Oak Leaf Clusters, ordinated their efforts with the Depart- ess, and perhaps most important, fair- Bronze Star Medal with ‘‘V’’ Device— ment of Defense. This ensured that ness. He was invaluable in securing with 2 Oak Leaf Clusters, Meritorious only the most modern and most mili- major projects for my home State of Service Medal—with Oak Leaf Cluster, tarily useful U.S.-flag vessels are cho- Kentucky, and I feel certain his hand- Air Medal and Army Commendation sen for the Maritime Security Pro- print can be found on important Medal—with 2 Oak Leaf Clusters. His gram. These efforts will enhance our projects all across the country. combat assignment and training re- national defense capabilities. Jones leaves the Senate with an in- sulted in the award of the Combat In- The first contracts were signed last credible body of knowledge, expertise fantry Badge. Expert Infantry Badge, month, just before the holidays. And, I and institutional knowledge. He also Parachutist Badge, and Air Assault am pleased to report to my colleagues leaves after literally being the right Badge. He is authorized to wear the that the final contracts were just re- hand of such powerful chairmen as Sen- Army General Staff Identification cently signed. In just 4 months, the ators Russell, Ellender, McClellan, Badge and the Office of the Secretary complete 47-ship Maritime Security Magnuson, Stennis, BYRD and Hatfield. of Defense Identification Badge. Fleet has become a reality. We have It will be a huge loss to the Senate Mr. President, I ask you and our col- MARAD to thank for taking our vision and to States like mine that have bene- leagues to join me in saluting General and translating it into a viable pro- fitted from his knowledge and exper- Ebbesen for his distinguished service to gram. tise. But there’s no doubt that Jones this great Nation and to the great I want to recognize the Adminis- will continue to serve the greater com- State of Alaska, as well as his superb trator of MARAD, Vice Adm. Albert J. munity working with former Senator leadership of the men and women of Herberger. His firm leadership at the Johnston. our Armed Forces. It is with great helm of his agency has been exemplary. Let me close by wishing him and his pride that I congratulate him upon his Vice Admiral Herberger is widely re- family the best of luck and by once retirement and wish him the very best. spected in the maritime industry, and again thanking him for his commit- f his abilities as a manager, a negotiator ment not only to the U.S. Senate, but and an administrator, coupled with his to the American people. His service MARITIME SECURITY PROGRAM extensive military experience, played a will not be forgotten and will continue IMPLEMENTATION major role in implementing this legis- to impact generations to come. Mr. LOTT. Mr. President, I rise today lation. f to draw my colleague’s attention to The implementation of the Maritime the outstanding efforts and hard work Security Program also required the ef- TRIBUTE TO PAUL TSONGAS of the men and women of the U.S. Mar- forts of many MARAD employees. I Mr. SARBANES. Mr. President, last itime Administration. I want to offer want to take a moment to recognize week, America lost a public servant my own heartfelt thanks to those indi- several workers by name: Debra and a leader of unusual intelligence viduals for their hard work and dedica- Aheron, Ray Barberesi, Murray Bloom, and vision. It is with great sadness that tion in swiftly implementing the Mari- Joan Bondareff, Cher Brooks, Thomas I rise to pay tribute to my former col- time Security Act. Bryan, Jim Caponiti, Veronica Carver, league and friend, Paul Tsongas, whose The Maritime Security Act, which Sharon Cassidy, Rhonda Davis, William untimely passing has deeply affected was approved by the Senate on Sep- Ebersold, John Graykowski, Steven both those who knew him well and the tember 24, and signed into law by the Jackson, William Kurfehs, John millions of Americans who respected President on October 8 last year. It will Lesnick, Richard McDonnell, Jeffrey and admired his exemplary life.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S844 CONGRESSIONAL RECORD — SENATE January 30, 1997 His frank and fearless commitment him the courage to step down from of- China’s influence is felt in so many ways: to a better America challenged us all. fice when the time was right, it was China’s population of 1.25 billion, is nearly As remembered by the Hellenic Chron- also the source of his strength during one quarter of the world’s inhabitants; Chi- icle, a Massachusetts publication, Sen- na’s sheer size—her geographical reach in- his distinguished service in the Con- cludes common borders with such key na- ator Tsongas ‘‘changed the face of poli- gress of the United States. tions as Russia, Japan, Korea, and India, and tics in the 1990’s and reminded us that Senator Tsongas left an indelible includes vast quantities of untapped natural honesty and the power of ideas can still mark on our hearts, which now go out resources; China’s expanding military prow- count for something in American poli- to his wife Niki, his daughters Ashley, ess, including a 3 million-man army, and her tics.’’ He was unwavering in his ideals Katina and Molly, and his sisters status as one of the five declared nuclear because he truly believed them. At his Thaleia and Vicki. They have so much powers in the world today; China’s perma- funeral, Bishop Methodios of Boston to mourn, but they also have so much nent seat on the U.N. Security Council; and spoke of Senator Tsongas’ insight, in- of which to be proud. China’s remarkable economic growth of roughly 10 percent a year, which has vaulted tegrity and intelligence; fitting quali- There is a requiem hymn sung in the it to the position of the world’s 11th largest ties for a person who, as the Bishop Greek Orthodox Church which, here, exporter—China is where Japan was in 1980, said, ‘‘looked deep within his heart and seems apropos: ‘‘Eonia e mneeme.’’ It but growing much faster. soul and there discovered his vision for means, ‘‘may he live in our memories For all of these reasons, the U.S. relation- a better America.’’ forever.’’ In the last years of his life, ship with China is probably our single most The son of a Greek immigrant, Sen- Senator Tsongas struggled with the important undeveloped bilateral relationship ator Tsongas went from working in his in the world today. question of history, with what he In 1997, Sino-American relations are enter- father’s drycleaning store to Dart- would leave us. The answer is, clearly, ing a crucial new phase, ripe with both dan- mouth College, Yale Law School, and much. Paul Tsongas will live in the ger and opportunity. the Peace Corps. He won his first bid memories and records of his country, Events in the next year, and how they are for public office in 1969, when he was his town, and his family, forever. handled by Washington and Beijing, will de- elected to the Lowell City Council, the The PRESIDING OFFICER. The Sen- termine for some time to come the nature of beginning of an esteemed career that ator from California. the relationship between our two countries. included service as Middlesex County I was very pleased to hear our new Sec- Mrs. FEINSTEIN. Mr. President, I retary of State, Madeleine Albright, articu- Commissioner in 1973, fifth congres- know that Senator KENNEDY wanted to late the Administration’s policy in clear sional district representative to the be recognized, but because he is not terms during her confirmation hearing be- U.S. House in 1974 —the first Democrat here I ask unanimous consent that I be fore the Foreign Relations Committee. She to win in his district in a century, and permitted to speak in morning business said: ‘‘Our goal is to expand areas of coopera- United States Senator from Massachu- for such time as I may consume. tion, reduce the potential for misunder- setts in 1979, an office never before held The PRESIDING OFFICER. Without standings and encourage China’s full emer- by a Peace Corps veteran. objection, it is so ordered. gence as a responsible member of the inter- In the Senate, I was privileged to national community.’’ f And, while she recognized that our two na- serve with Senator Tsongas on the CHINA: THE FUTURE tions have important differences, the Sec- Banking and Foreign Relations Com- retary also stressed that we have a multi- mittees, where he fulfilled his duties Mrs. FEINSTEIN. Mr. President, I faceted relationship with China. with great capability and distinction. ask unanimous consent to have printed I want to make some comments this morn- His understanding of the world beyond in the RECORD a speech that this Sen- ing on what I believe to be the central issues our borders, gained during his service ator made to the Asia Society yester- in the U.S.-China relationship today: the in the Peace Corps, equipped him to day morning entitled, ‘‘China: The Fu- question of engagement versus containment; ture.’’ the China-Taiwan relationship; nuclear pro- make a significant contribution to a liferation; human rights; the trade imbal- more effective American foreign pol- There being no objection, the mate- ance; trade issues such as Most-Favored Na- icy. Senator Tsongas never took the rial was ordered to be printed in the tion status, Intellectual Property Rights, privilege of being a U.S. Senator for RECORD, as follows: and China’s accession to the WTO; and the granted. He was serious about his work CHINA: THE FUTURE transition of Hong Kong. and had high hopes and even higher (By Senator Dianne Feinstein) THE ‘‘ENGAGEMENT VS. CONTAINMENT’’ DEBATE standards for this country. As a Californian, I have been surprised to This question should be settled by now, but ‘‘Patriotism is like charity,’’ wrote discover how Washington, and the whole unfortunately it is not. There are still those Henry James. ‘‘It begins at home.’’ For East Coast foreign policy establishment who see China as an enemy, and who want Senator Tsongas, everything began at tends to look primarily across the Atlantic the U.S.-China relationship to be modeled on home. Whether it was Lowell, the town to Europe, and how little it looks to Asia and Cold War strategies of the past, Containment the Pacific. is their mantra. But there are two problems in which he made his life, or the family with this approach: that was his life, Senator Tsongas But the fact is that U.S. interests are no longer primarily in Europe. You’ve heard the First, it has not and will not work. No never lost sight of what was most im- phrase ‘‘the dawning of the Pacific Century’’ other country will join us in trying to con- portant. He often questioned the legacy many times. Well, the Pacific Century is tain the largest country and one of the fast- he would leave behind for the people here. est growing economies in the world. and places he cared for most. He should Consider these facts: The Pacific trading Second, containment is not in the interest not have been concerned. Due to his ef- theater has long since overtaken the Atlan- of the United States. We have far too many mutual interests with China—interests forts both in and out of office, the town tic. Overall trade with Asia stands at $570 billion. With Europe it is $270 billion. Trade which far outweigh our differences, includ- of Lowell now claims a national his- ing: preserving stability, and preventing toric park, thousands of jobs, a minor with Asia accounts for more than 30 percent of U.S. exports and close to 40 percent of U.S. arms races in Northeast and Southeast Asia; league baseball team, 14 new schools, imports. And today, more than 60 percent of a peaceful, non-nuclear Korean Peninsula; and a real sense of pride. As the local the world’s population lives on both sides of preventing nuclear escalation between India paper noted, ‘‘We in Lowell need only the Pacific Ocean. and Pakistan; preventing the introduction of walk through our city to celebrate— All of this illustrates what Secretary of nuclear or other destabilizing technology every day—what Paul Tsongas did for State John Hay meant when he said nearly a into the Persian Gulf; keeping sea lanes open century ago: ‘‘The Mediterranean is the for international commerce; maintaining the his hometown.’’ prosperity of Hong Kong and Taiwan; and I will always remember Paul Tson- ocean of the past; the Atlantic, the ocean of the present; and the Pacific, the ocean of the curbing the trafficking of narcotics. gas, as will his fellow Americans, as a Attempting to influence these critically future.’’ That future is now. highly principled public servant who, important issues by isolating China is a unafraid of any challenge, was exceed- CHINA’S IMPORTANCE fruitless and very dangerous course of ac- ingly able to affect the issues of his The single most important question facing tion. The only way we can make progress on time. I will also remember him as the the future of peace and prosperity in Asia is these issues is through active engagement. how China develops. I have been saying for the past four years individual who inspired us all by con- And there is no more important challenge that I have been in the Senate that the U.S. fronting his own mortality with ex- facing U.S. foreign policy than the question needs to develop a long-term, strategic traordinary grace and heroism. His of how to peacefully engage China in the framework for building a relationship with faith in his own instincts not only gave international community. China, based on our many mutual interests.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S845 No single issue should be a litmus test for presents a challenge not just to Taiwan but Let me speak about the negatives first. the entire U.S.-China relationship. also, under the Taiwan Relations Act, to the I am remain deeply concerned by China’s Managing and developing a positive rela- United States as well. We could not stand treatment of dissidents and its constant per- tionship with China does not mean we must idly by and countenance a military attack. secution of Tibetans in Tibet. I have talked ignore the importance of key issues of con- At the same time, Washington must make with Tibetan refugees personally—some in cern with China—such as human rights, the clear to Beijing that U.S. interests require Napal this past November—and I believe transition of Hong Kong, or the issue of Tai- continued robust—albeit unofficial—ties their stories to be true. wan. It does, however, mean that we should with Taipei, which are consistent with the I believe there has been a tightening by the not allow our entire relationship to be called ‘‘One China’’ policy. Chinese government on human rights in the into question each time an incident occurs. Such unofficial access, however, should not last year. The United States must develop a long- be confused in either Beijing or Taipei as an For those of us who watch China closely, range, strategic plan for our relationship invitation for official recognition by the U.S. there are a number of signs. There has been with China. We must not allow another incident such as a recent crackdown on religious liberties. In Jiangxi province in November, 80 Catho- The US must engage China. This engage- the issuance of a visa to President Lee Teng- ment must be ongoing, it must be consistent, lics were arbitrarily arrested without war- hui two years ago to needlessly provoke a rants, beaten, and jailed. and it must be formed at the highest levels. crisis. There have been many recent arrests of To date, interaction at the Presidential, The United States should encourage Tai- leading dissidents, often resulting in dis- Vice Presidential, Secretary of State, and wan and China to resume the Cross-Straits proportionately long sentences. Fro exam- Secretary of Defense level has not been fre- Initiative that was conducted by China’s As- ple: Wei Jingsheng was sentenced for 14 quent or deep enough. There is no ‘‘red tele- sociation for Relations Across the Taiwan years; Chen Xi was sentenced for 10 years; phone’’, no ability for the two Presidents to Straits and Taiwan’s Straits Exchange Foun- Wang Dan was sentenced for 11 years in pris- talk and work with each other during a cri- dation, which showed such promise until it on plus two years deprivation of political sis. was derailed a year and a half ago. rights. We cannot engage China solely at a second- NONPROLIFERATION I cannot conceive of a reason why it is in tier level. Talks at the Deputy Assistant One of the most important areas of con- China’s interests to do these things. But Secretary level are not sufficient, and, in the whatever the reason, it is very disturbing, absence of regular higher level contacts, are cern in our relationship with China is nuclear nonproliferation. and it portends real danger for Hong Kong, probably counter-productive in the message which is a very religious Chinese commu- it sends to China’s leaders. Clearly China’s record on nonproliferation is mixed. China has ratified the Chemical nity. Secretary Albright will be meeting soon But let me also mention the positive side. with Foreign Minister Qian Qichen, and she Weapons Convention—something the U.S. It must be recognized that progress is tak- is committed to regular contact with her Senate has not yet done—and signed the ing place in China. For example, the Na- counterparts in Beijing. Vice President Gore Comprehensive Test Ban Treaty, as well as tional People’s Congress just enacted legisla- will be traveling to Beijing this spring, set- cooperated in efforts to extend the Nuclear tion intended to: help protect individuals ting the stage for an exchange of presidential Nonproliferation Treaty (NPT) indefinitely. from arbitrary punishment by police and visits this fall and next year. China has made important commitments, government agencies; limit the practice ‘‘ad- These are positive steps that I hope will such as abiding by the guidelines of the Mis- ministrative detention’’ to thirty days; and lead to development of sustained commu- sile Technology Control Regime (MTCR) and require the State Council to secure the ap- nication at the very highest levels. not providing assistance to unsafeguarded proval of the National People’s Congress be- President Clinton has an opportunity to nuclear facilities. fore declaring martial law. shape the future course of Sino-American re- Nevertheless, we continue to have concerns As one who has traveled to China dozens of lations by developing a positive working re- about nuclear and missile technology that times over the last 20 years, it is clear to me lationship with Chinese President Jiang China has provided to Pakistan, and the pos- that there have been remarkable changes: an Zemin and other leaders, I hope he will seize sibility of similar sales to Iran. increasing standard of living, increased this opportunity. It is vital that China be engaged in a new wages, and savings, and improved education Congress also has an important role to security partnership, one that is cooperative of the people; greater mobility and a freer play in this process. rather than confrontational. As I said ear- lifestyle for the average Chinese; local and It is critical that more members of Con- lier, isolating a nation of China’s growing provincial governments that are more inde- gress travel to China, meet with those in the power and influence makes little sense. pendent from Beijing—with over 300 million Chinese leadership and others, and develop a China has recognized our mutual interest Chinese participating in direct local and pro- working dialogue with those who are cre- in preventing nuclear proliferation in North vincial elections; a growing web of private ating the China of the 21st century. Korea. It is also clearly in the interests of property ownership in the provinces, and both China and the United States to ensure THE CHINA-TAIWAN RELATIONSHIP greater legal protection for the owners and that tensions are de-escalated in South Asia, Taiwan remains the one issue with the investors in private enterprises; a more ac- where both India and Pakistan have the abil- cessible court system for Chinese citizens to greatest potential to seriously disrupt ef- ity to launch nuclear devices in a matter of forts to stabilize the U.S.-China relationship. contest government actions that infringe on days. their freedoms and property. It is impossible to overstate the depth of We should encourage China to join us in To appreciate the scope of these changes Chinese feelings about Taiwan’s role in the the development of a coherent nuclear non- one only needs to look back a mere 35 years U.S.-China relationship. They are real, vis- proliferation strategy, as a co-guarantor of to the Cultural Revolution and Great Leap ceral, and deep. stability and security in these regions. Forward, during which millions of Chinese During my trip this past November, Chi- We must try to convince China that arms lost their lives in unprecedented brutality. nese officials and citizens made it clear: If control regimes should be adhered to not for Yes, these changes are in their infancy the Taiwan issue is handled well, everything ideological or legalistic purposes, but be- compared to Western standards, but it is im- is possible in Sino-American relations; if it cause they are in China’s own best interest. portant to understand that China is a $5,000 is mishandled, it will continue to shock, and If China is willing to become an active and year old nation—a nation governed by the possibly derail, U.S.-China relations. responsible party to international treaties rule of man for most of its history. It will The United States should, I believe, con- and regimes, China should be granted an not transition to the rule of law overnight— sistently and authoritatively reaffirm, both equal say in setting the ‘‘rules of the game.’’ no matter how much pressure is applied from to Beijing and to Taipei, its commitment to China must, of course, then agree to abide by outside forces. the long-standing and bipartisan ‘‘One those rules along with every other nation. It was interesting for me to read an article China’’ policy, as outlined in the three Joint A partnership between China and the by Henry Rowen entitled ‘‘The Short Communiques. United States toward nuclear non-prolifera- March,’’ in which he describes conducting a It must be remembered that the status quo tion and stability is the key to success in Lexis-Nexis search on China and human has been beneficial to all three parties, al- these regions. rights in five major U.S. publications. lowing Taiwan to become prosperous and For the period January 1991 through June HUMAN RIGHTS democratic, and the U.S. and China to de- 1996 he found ‘‘on the one hand, 356 stories on velop normalized relations befitting two As I said earlier, no issue should be a lit- abuses of various kinds, and on the other world powers. mus test in our relationship with China. But hand, 3 on local elections, 16 on efforts to in- So Taiwan must understand that its efforts at times, human rights has been just that. troduce a rule of law, and 10 on the liberal- to assert itself internationally cannot be a The U.S. has tried lecturing China on izing of the mass media: in short, an overall guise for moving towards independence. human rights; We have expressed outrage, ratio of 12 to 1.’’ For its part, China should consistently and our relationship has zigged and zagged So clearly, the bad gets reported and the make clear that reunification would take with each arrest, newly reported case of tor- good does not. place only through peaceful means, and ture, or other egregious happening; And we I believe that China will not change its should refrain from any aggressive military have tried linking human rights to Most Fa- ways merely to please America. The real key actions and rhetoric. vored Nation trading status. to change is convincing China that it in Chi- Any impression that China might try to These efforts have clearly been unsuccess- na’s interests to change. And I believe that settle the Taiwan issue by the use of force ful. this can be done.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S846 CONGRESSIONAL RECORD — SENATE January 30, 1997 Most importantly, the U.S. should work It is key and critical that ‘‘one country, fully known or even understood. Some with China to develop a modern legal system two systems’’ be carried out. The world is estimate that California will absorb with an independent judiciary, due process of clearly watching to see whether in fact it is law and a modern penal and civil codes. possible to have within China an autono- about $17 billion of the $55 billion saved China is receptive to our help in this area. mous region that charts its own domestic by this bill. That is a body blow to our Through engagement and assistance such policy. safety net. It could have a catastrophic as this we can do more to advance the cause The Sino-British Joint Declaration and the impact both financially and in terms of of human rights in China in the long run Basic Law provide the foundation for the human lives. I voted, because of this, than through constant castigation, or isola- transfer, and for the future governance and tion. economic life of Hong Kong. against that welfare bill. I would like to make a proposal that may I am troubled by the legislation submitted I am not alone in my concerns. Even last week to the National People’s Congress be acceptable to both sides. I would propose the Republican Governors, many of a presidential human rights commission or that would undo the Hong Kong bill of forum. This commission would be appointed rights. Lu Ping, the Chinese official in them poster-children for the reform ef- by both presidents, with the mission of charge of the Hong Kong transition, told me fort, are looking at the fine print now charting the evolution of human rights in directly in Beijing in November that the and saying, ‘‘How is my State going to both countries over the last 20 to 30 years. question of public protest and assembly was pay for these costs? How are we going In reports to be delivered to both presi- a matter for the Hong Kong Special Adminis- dents, the commission would point out the trative Region (SAR), and if SAR law per- to provide the necessary care? How are successes and failures—both Tiananmen mitted public expressions of dissent, China we going to meet these requirements Square and Kent State—and make rec- would have no objection. without turning people out on the ommendations for goals for the future. If the central government of China re- streets?’’—for some, in large numbers. THE GROWING TRADE IMBALANCE verses Hong Kong’s Bill of Rights, and other civil liberties, it would be a blow to the Even the Republican Governors are Another area of increasing concern is the credibility of ‘‘one country, two systems.’’ asking for changes. growing trade gap with China. Additionally, I would hope that the provi- A headline in the Washington Post 2 What is essentially a trade problem today sional legislature meeting this week in will become an acute political problem in Shenzhen is sensitive to the pledge of domes- days ago said it pretty clearly: ‘‘After the U.S.-China relationship if it is left tic autonomy for Hong Kong. getting responsibility for welfare, unaddressed. I strongly agree with Secretary Albright I have communicated my concern about States may pass it down,’’ something when she said that the way events play out that I, as a county supervisor and a this issue to the Chinese leadership. They in Hong Kong will have an important effect agree that this is a potential problem, but on the overall U.S.-China relationship. mayor for some 18 years, recognize they dispute the size of the trade imbalance. CONCLUSION that it is exactly the way it goes. The The United States calculates the imbal- buck usually stops with the lowest ance at about $38 billion, while the Chinese With this new Congress, and an Adminis- figure is closer to $10 billion. tration now seasoned in its second term, we rung of a government. That is just When I was in China in November I pro- now have the opportunity to move beyond what is going to happen with this bill. posed to Zhu Rongji, the Executive Vice Pre- some of the events that have soured Sino- In California, a proposition 13 State, mier, who is in effect China’s economic czar, American relations in the past several years. President Clinton and Secretary Albright there is no way for local governments that the United States and China establish a must immerse themselves fully in the details to raise their taxes or their revenue po- joint working group to sit down and estab- of this most delicate and critical of Amer- lish once and for all a common method of tential to deal with the problem. ican relations. calculating the trade imbalance, especially In the final analysis, the goal of American In the months since the passage of after Hong Kong’s reversion to Chinese rule. policy must be to encourage China toward a the welfare bill, I directed my staff to Zhu Rongji told me he would support such a full and active relationship with the West examine how this bill would impact proposal. and to work together toward a China that is California counties. To date, my staff MOST FAVORED NATION STATUS able to take its role as a stable leader of Asia Another constant flashpoint is the annual and a guarantor of peace and security in the has met with the welfare directors of 22 battle over China’s Most Favored Nation world. out of California’s 58 counties. Their Trading status. f pleas were nearly universal. I will Every summer Congress and the Adminis- WELFARE REFORM share them with you. The work re- tration go through a sort of ritual dance over quirements, they say, as currently out- the extension of MFN status to China. Con- Mrs. FEINSTEIN. Mr. President, we gress had never overridden a President’s de- begin the 105th Congress with a sober lined in the bill will most probably not cision to extend MFN for China, but we have recognition of the fact that the Federal be attainable even under the most opti- often voted on it anyway. Government cannot solve all problems. mistic of circumstances. The child care Last year, the House, by a resounding vote Anyone who questions this premise funds in the bill for California are not of 286–141, rejected an attempt to deny or enough to satisfy the requirements of condition China’s MFN status. It would be need only look at painful choices that helpful to have that vote settle it once and must be made in order to balance the the bill. The legal immigrant provi- for all, but, unfortunately, we are less than Federal budget, our first and most dif- sions denying food stamps and SSI, five months away from the next go around, ficult task this session. particularly to the elderly, the sick, which I suspect may not be any less ran- Having said that, the clearest mes- and the disabled, will have a dev- corous. sage, I think, sent to us this past No- astating impact on county general as- The political implications of revoking vember was that the people of America MFN for China are great. For a country such sistance programs. The biggest impact as China, where face and respect are such want Republicans and Democrats to will be on the largest county in the central issues, the debate over revoking work together to solve real problems. I State, Los Angeles County. And the have been very concerned and I might MFN is seen as tantamount to the United counties tell me they have no com- even say dismayed by statements made States telling China that we are still unsure puter ability to track and monitor re- whether to accept them as a member of the by Members of this body and the family of nations. House, that under no circumstances cipients under the new rules. How do Denying MFN would seriously impair our will there be any changes, no matter they comply? ability to work with China on just about any Some of the changes asked for by issue. how meritorious, no matter how nec- Clearly, linking human rights with MFN essary, to the welfare bill which passed these counties are technical in nature, has been a failure. I hope we do not make the last year. such as increasing the time permitted same mistake twice by linking it to some- Mr. President, when this body de- for job search to be more realistic for thing else, like the negotiations on China’s bated and approved the historic welfare areas where the average search even accession to the WTO. reform bill last year, I outlined to my for nonwelfare recipients is twice as MFN is our standard trading status, and it colleagues what I saw as some of the long as that permitted under the bill. is granted to all but seven rogue states. major flaws in the drafting of that bill, It is time to put an end to this destructive Other changes are more fundamental, debate year after year. I support making and as a result, the impact that this legislation will have on the largest such as restoring some assistance to MFN for China permanent. the elderly and disabled legal immi- HONG KONG State in the Union—California. I want grants. I know President Clinton In the short run, the transition of Hong to take an opportunity this afternoon Kong is seen by some as a bellwether for Chi- to update those comments. shares many of these concerns, and will na’s willingness to act as a responsible great The impact of this bill on California propose a number of changes in his power. is huge. At this stage, it really is not budget soon to be released.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S847 I hope the door is not closed to at Let me speak for a moment, Mr. counties where the unemployment rate least looking at what the facts are. I President, about the work require- is at a certain amount. You might believe it would really be unconscion- ments of the bill, because counties want to make it over 1 percentage able, and in a sense, the height of irre- throughout California are really con- point from the national average, par- sponsibility, to arbitrarily say we will cerned. ticularly in areas where there is a high not look at any problem or any Under the new welfare law, 25 percent welfare load, which gives testament to misdrafting in that bill. I will point of single-parent families on welfare and the fact that you can’t produce jobs in out one area in my remarks later 75 percent of two-parent families on that county. welfare must be engaged in work ac- where I think it is simply a case of I feel that Congress should amend the tivities this year. By 2002, the require- misdrafting. welfare law in significant ways to Let me speak for a moment about ments rise to 50 percent of single-par- make it easier for States to meet the legal immigrants. There are 500,000 el- ent families and 90 percent of two-par- work requirements. And I would like to derly and disabled noncitizens nation- ent families. suggest some of them. wide who will lose SSI by August 22, California’s economy is recovering, 1997. Of these legal immigrants 205,000 but our unemployment rate is still 11⁄2 Doubling the time allowed for job are in California—more than 40 per- points above the national rate. It is 6.8 search activities from 6 weeks to 12 cent. That is a very real problem. percent. The national rate is 5.4 per- weeks. That is what they say it actu- Many of these individuals are seriously cent. So some 1 million Californians ally takes and where there is success. ill and completely destitute, with no are still on unemployment. Expand the welfare law’s definition Let me give you some examples of family capable of supporting them. In of ‘‘work’’ to include 2 years of voca- how unrealistic the work requirements Los Angeles County alone, there are tional education instead of 1. That is of the welfare bill are on certain coun- 93,000 such people, and the ultimate what they say it requires to be employ- ties in California. transfer to the county will be in the In Tulare County, the heart of the able. hundreds of millions of dollars. When great Central Valley, the heart of the Include people who—this is a glitch, I they lose their benefits they will turn area that has the largest agriculture think, in the drafting of the bill and to the counties. Just last week, California’s State producers in the United States, the un- one of the reasons that I am so con- legislative analyst’s office estimated employment rate is 16.3 percent, more cerned that the announcement has the ban on SSI and food stamps will than 10 percentage points above the been made that even technical changes cost California $5.8 billion over 6 years. Nation, and one-third of the county is will not be made to the bill. The way Now, either this is a massive cost-shift on public assistance—one-third of the the bill is drafted, it does not include or the homeless in America and in Cali- county. There are no jobs for people. people who leave welfare for work and In Merced County—again in the Cen- those who are immediately placed in a fornia are going to be greatly adding to tral Valley—unemployment is even their numbers. In Los Angeles County given month as part of the State’s higher at 16.8 percent. Thirty-five per- total number of people moving from alone the nonmedical costs of sup- cent of the population there receives porting elderly and disabled legal im- welfare to work. So, In other words, some type of public assistance. the way the bill is drafted, you don’t migrants could top $236 million annu- Here are others: Imperial County, 27 ally. get credit for the people that month percent unemployment; Madera, 15.9; you place in jobs. I think that this is a San Francisco also estimates that Monterey, 10.6 percent; Stanislaus 20,000 legal noncitizens may turn to the technical glitch. I think it is a drafting County, 17.3 percent; and Sonoma error. I think it is easy to correct. But county’s general assistance program, County, 14 percent. at a total cost of up to $74 million an- And these are not small population if we have this policy of nothing no nually. areas. In some of the cases, the popu- matter whenever it is not going to get Let me give an actual example from lation of these counties is actually corrected. my hometown legal immigrants. My more than the population of some of I would suggest creating a counter- San Francisco staff met with a 73-year- the States. These are larger areas. cyclical funding program for the next 6 old legal immigrant on SSI. She was With 2.7 million families in Cali- years, and I suggest targeting counties welcomed to this county from Vietnam fornia on welfare, counties fear that with high unemployment and high wel- in 1980. She was a refugee from com- the work requirement, as defined in the fare caseloads. munism with no family in the United new welfare law, simply is not realistic States. She speaks no English and she Child care funding increases: Under for the State to be able to meet. the new welfare law, the money is in- is suffering from kidney failure. She California is simply not creating jobs sufficient to accommodate the increas- requires dialysis three times a week. fast enough, and the kinds of jobs that ing demands. Currently, my State sub- Under this new law, this 73-year-old the State is creating are high-tech- sidizes child care for 205,000 low-income woman will lose SSI, her only source of nology, biotech, highly skilled jobs, children. But there are 1.8 million chil- support. Her well-being will become and jobs in the import-export business; dren on welfare in California—1.8 mil- the responsibility, somehow, some way, jobs that relate to Asia; jobs that have lion. The State currently only has of the county. a level of educational requirement that funds to subsidize 205,000. During the welfare debate I proposed can produce a high skill level. an amendment to make this section of In Riverside County in southern Cali- In order to accommodate the in- the bill prospective. I understand the fornia, their GAIN Program, which is creases in the work requirements majority’s concern that the legal im- their welfare-to-work program, is the which are required by this bill from 25 migrants’ use of SSI was increasing at most successful program of its kind in percent in 1997 to 50 percent in 2002 for a higher ratio than U.S. citizens’ use of the Nation. It is 12 years old. It has an individual recipient, I would propose SSI. I understand wanting to slow that been the model for other programs all adding an additional $1.43 billion in number down. The way to do it is to throughout the United States. Yet, in child care funding over the next 6 say that in the future, everyone com- that time, only 14 percent of single- years. ing to this country following the date parent families currently meet the I would also propose exempting par- of enactment, which was August 22 last work requirement as set under welfare ents with children under the age of 12, year, know that when you come to the reform. And only 15 percent of two-par- instead of 6, from the work require- United States of America as a legal im- ent families meet the work requirement if they cannot find child care. migrant, you are not eligible for SSI. ment. That is after 12 years of trying. For the people here before that time, If Riverside County can’t meet the re- This bill—mark my words—will be what I propose is that there be an quirements, how many counties and known as the ‘‘latchkey mandate bill’’ amendment to the bill that would say States nationwide will actually be able if people can’t find work. And there is SSI could be continued for those who to do so? no reason for any child in elementary have no other verifiable source of sup- That is why I urge that the President school be left home alone without any port. These are the elderly, they are and Members of Congress to allocate adult supervision. monolingual, they are destitute, and some new funds—countercyclical mon- Let me speak for just a moment on many of them are ill. eys—that would apply particularly in the reporting requirements.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S848 CONGRESSIONAL RECORD — SENATE January 30, 1997 When Federal welfare reform was en- ‘‘Statements on Introduced Bills and judges that are above her in the Fed- acted, little attention was paid to the Joint Resolutions.’’) eral system: Judges Karen Williams, 15 new reporting requirements that the (Mr. FRIST assumed the Chair.) Frances Murnaghan, and senior Judge law imposes on the States—everything f Butzner. Judge Kessler in effect is from welfare recipients’ race and citi- seeking to force those appellate judges THE BALANCED BUDGET AMEND- zenship status, to other Federal bene- to come before her, a U.S. district MENT TO THE CONSTITUTION fits they receive, to unemployment sta- court judge, and justify a decision that tus and earnings. Mr. HATCH. Mr. President, I was they recently handed down. Judge California, like many other States, pleased that the Senate Judiciary Com- Kessler’s order was personally served has no computer system in place to mittee reported out today, I think a on Judge Williams’ law clerk just yes- track and report all of this data. And little bit before 2 o’clock, the balanced terday. Let me tell you about this without effective tracking and report- budget constitutional amendment 13 to shocking order, dated January 3, 1997, ing, the Nation’s largest State has no 5. and issued in Civil Action No. 96–2875– hope of enforcing the time limit and I want to personally express my ap- GK. preventing welfare fraud. Contra Costa preciation to everybody on that com- In 1972, one Restoney Robinson pled County’s welfare director said that his mittee for the cooperation that we had guilty in North Carolina State court to county’s ability to meet the reporting and for the effective debate that we first-degree murder. requirements of the bill is ‘‘literally had in getting that amendment out He was sentenced to life in prison, zip.’’ This is a big county. today. This will enable us to bring it and he has since been imprisoned in I think that the welfare law’s report- up next week, if the leader so chooses. North Carolina—which is located with- ing requirements are important, and I And I believe he does wish to bring the in the Fourth Circuit Court of Appeals’ do not advocate relaxing them. But I balanced budget amendment up next jurisdiction. After losing all of his ap- do believe that the counties are going Wednesday. We will have the report peals in the State courts, this con- to require additional support in the filed by Monday. It is being circulated victed murderer, Mr. Robinson, has ap- form of computer assistance that is this afternoon. The minority will have parently been peppering the Federal greater than that which is provided in 3 days to complete their remarks, or district court for the middle district of the bill today, and that we ought not their position on the report, and then North Carolina with frivolous petitions to be so fixed that we cannot take a hopefully we will be in this battle next and, appealing the denials of those pe- look at it. Wednesday. And I hope that we can titions to the higher court, the Fourth I make these comments at this time have as much cooperation during the Circuit Court of Appeals. I understand in the hope that someone might read battle on the floor as we did in com- that Mr. Robinson has brought more them, or even see them, or take notice mittee. than 80 such actions. This past October, a panel of fourth of them, and that this statement that It is a tough issue, and there are peo- circuit judges, comprised of Judges there will be no amendments to this ple on all sides of it. We do have to Williams and Murnaghan and Senior bill can perhaps be changed to ‘‘Well, fight it out the best we can here on the floor. Judge Butzner, denied Robinson’s most we will carefully consider amend- recent frivolous appeal. In what can ments.’’ f only be described as a truly bizarre, in- I thank the Chair. I yield the floor, JUDICIAL ACTIVISM deed lawless, action, Judge Kessler not and I note the absence of a quorum. Mr. HATCH. Mr. President, I rise only entertained the habeas corpus pe- The PRESIDING OFFICER (Ms. COL- tition from Mr. Robinson, a petition LINS). The clerk will call the roll. today to speak on a subject which I have frequently addressed in the past, over which she had absolutely no juris- The legislative clerk proceeded to diction whatsoever, since Mr. Robinson call the roll. one that is extremely important to me and I think to every Member of this is imprisoned in North Carolina, but Ms. MOSELEY-BRAUN. Madam had the gall to issue an order to those President, I ask unanimous consent body—in fact, to everybody in this country: judicial activism. fourth circuit judges—requiring them that the order for the quorum call be within 30 days to come before her and rescinded. We are witnessing today a rising tide of concern, shared not just by my Re- explain to her, and to Mr. Robinson, The PRESIDING OFFICER. Without the convicted murderer, why he should objection, it is so ordered. publican colleagues and myself, but indeed by an ever-growing segment of the not be released from prison. The Senator from Illinois is recog- Indeed, I am told that just yesterday public at large, about judicial activism nized. the U.S. marshals in Orangeburg, SC, and the prospect of filling the courts Ms. MOSELEY-BRAUN. I thank the personally served this order on Judge with more activists over the next 4 Chair. Williams’ law clerk. I have a copy of years. Today, when we talk about ac- (The remarks of Ms. MOSELEY-BRAUN the order right here, and I ask unani- tivists, we are talking about people pertaining to the introduction of S. 235 mous consent that it be printed in the who are substituting their own per- are located in today’s RECORD under RECORD. ‘‘Statements on Introduced Bills and sonal preferences for what the law real- There being no objection, the order Joint Resolutions.’’) ly is—those who choose as unelected was ordered to be printed in the judges appointed for life to make laws Ms. MOSELEY-BRAUN. I thank the RECORD, as follows: Chair. from the bench and to usurp the powers of the legislative and executive United States District Court for the District I yield the floor. of Columbia I suggest the absence of a quorum. branches of this Government. They are not elected to make the laws, but are Restoney Robinson, Petitioner vs. The PRESIDING OFFICER. The Murnaghan and Williams, Respondent(s) clerk will call the roll. appointed to interpret the laws. Civil Action No. 96–287 The legislative clerk proceeded to Today, I would like to point out an ORDER DIRECTING RESPONDENT TO SHOW CAUSE call the roll. especially egregious abuse of judicial power about which I have just learned. It is this 3rd day of January, 1997, Mr. GREGG. Mr. President, I ask ORDERED that the respondent(s), by coun- unanimous consent that the order for Judge Gladys Kessler, a Clinton ap- sel, shall within 30 days of service of a copy the quorum call be rescinded. pointee to the District Court for the of this Order and the Petition herein file The PRESIDING OFFICER. Without District of Columbia—that is the U.S. with the Court and serve on petitioner a objection, it is so ordered. district court for the District of Co- statement showing why the Writ of Habeas Mr. GREGG. Are we in morning busi- lumbia—took the truly extraordinary Corpus should not issue. ness? step, and as far as I know, a step which The Clerk of Court is directed to furnish a The PRESIDING OFFICER. Yes, we is virtually unprecedented in our Fed- copy of the Petition and a certified copy of this Order to the United States Marshal for are. eral judicial system, and actually the purpose of making service on the re- (The remarks of Mr. GREGG per- issued an order to show cause to three spondent(s) and the U.S. Attorney’s Office. taining to the introduction of S. 252 are sitting U.S. Fourth Circuit judges— GLADYS KESSLER, located in today’s RECORD under Fourth Circuit Court of Appeals judges, United States District Judge.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S849 Mr. HATCH. I have been critical of Mr. HATCH. No. If I understand it, attention of the Senate and also serve the activism of many of President Clin- the crime was in North Carolina. notice that we are going to treat the ton’s judges, and let me tell you I have Mr. D’AMATO. So if the crime was in judgeship nominees over the next 4 read many an activist decision in the North Carolina, the prisoner is in the years with the utmost diligence and last few years, but I have never ever Carolinas, the question is total lack of scrutiny. seen, nor heard of, a district court jurisdiction. So the thing that becomes We appoint Federal judges for a life- judge requiring circuit court of appeals shocking is what is to prevent this time, and accordingly expect them to judges to justify their decision, let judge from issuing or entertaining a live up to the high calling of the judici- alone circuit court of appeals judges case, let us say, from Utah where a ary; to appreciate the inherent limits from an altogether different circuit. In Utah judge and court had ruled; she is on judicial power, and not to substitute fact, we have consulted with a number claiming that she could ask that judge their own policy preferences for that of Federal court scholars who have told to come here and to explain to her why which the law requires. the committee that to their knowledge the judge made that decision. I hope that this sends a message to such an action is unprecedented. I Mr. HATCH. Or from New York. If we everybody, and I am serious about it. should hope so. can have judges, district court judges, As one who has taken a lot of abuse In short, Judge Kessler’s order can trial court judges in the District of Co- from both sides on judges—including only be explained as a blatant abuse of lumbia issue an order to appellate my own Republican colleagues—I am judicial authority and disregard for the judges in the Fourth Circuit Court of serving notice that we do not intend to basic structure of our Federal courts, Appeals, then the structure and ration- allow this rising tide of judicial activ- or perhaps at the very least a gross ality of our Federal judicial system ism to continue. The integrity of our oversight. But in any event, it is con- would be thrown into disarray. judiciary, and our very right to self- founding and it is dumbfounding. That Mr. D’AMATO. Has the Justice De- government is at stake. Judge Kessler apparently believes she partment involved itself in this mat- I thank my colleague. I yield the somehow has the power to review ter? floor. fourth circuit judges’ opinions is, quite Mr. HATCH. I do not know that they Mr. D’AMATO addressed the Chair. frankly, nothing short of appalling and know about it, but they certainly are The PRESIDING OFFICER. The Sen- represents the worst short of judicial going to know about it after we finish ator from New York. hubris. here today, because it is unbelievable. Mr. D’AMATO. Mr. President, I Perhaps Judge Kessler does not ap- Mr. D’AMATO. Is it the intent then thank the chairman of the Judiciary preciate the gravity of her actions or of the Senator to bring this to the at- Committee, Senator HATCH, for bring- perhaps she is trying to make a state- tention of the Justice Department and ing to the attention of the Senate and ment. Either way, however, her order ask them, would it not be correct, to to the Nation as a whole, I think, a is very disturbing because it represents seek an order from a higher court right very serious situation. Because this either a fundamental disregard for, or here to quash this? This is incredible. portends the kind of thing that may ignorance of, the most basic limits on Mr. HATCH. We intend to let the take place, I think notice has to be judicial power. Justice Department know, but, more served by those within the court itself. Mr. President, when Republicans importantly, I think, I am serving no- Clearly, this case goes well beyond point out the activism of Clinton nomi- tice around here that we are not going the realm of someone having a dif- nees, we are accused of using selective to continue to sit back and tolerate ference of legal opinion. The question criteria. But as Clinton judges issue these activist judges. Nobody has been of jurisdiction alone is a frightening more and more activist decisions, it is more fair to the Clinton judicial nomi- one and how someone could reach well becoming clear that a great number of nations than I have. But many of these beyond and entertain a matter—are we them are—by any criterion—activist nominees have come in here and said going to say any Federal judge in any judges. we are not going to be activist judges; Federal jurisdiction can review mat- Now, I have asked that the show we are not going to usurp the powers of ters that do not legally come before cause order be printed in the RECORD. I the executive and legislative branches them or within their purview or power? hope people will read that. It is an as- of Government; we are going to do (The remarks of Mr. D’AMATO per- tounding document. I do not know how what judges should do, and that is in- taining to the introduction of S. 249 are anybody, any judge sitting for the dis- terpret the laws that are made by located in today’s RECORD under trict court, could have issued that kind those who are elected. All of them ‘‘Statements on Introduced Bills and of order. Nevertheless, it is just evi- mouth that kind of language, but when Joint Resolutions.’’) dence of some of the things we have it comes right down to it, a significant Mr. D’AMATO. I yield the floor and I been going through in this country. number of them are, one on the bench, thank the Chair. Mr. D’AMATO. Will the Senator from engaging in patently activist judging Mr. FORD addressed the Chair. Utah yield for a question? and usurping powers that they do not The PRESIDING OFFICER. The Sen- Mr. HATCH. I am happy to yield. have. ator from Kentucky. Mr. D’AMATO. First, let me, if I So I am just serving notice that we Mr. FORD. Mr. President, I ask unan- might, say that I commend the Senator are on to the games these nominees are imous consent that I be added as a co- for taking the time to bring to the at- playing, and do not intend to let this sponsor of Senator D’AMATO’s legisla- tention of the Congress and of the Sen- game go on. We are going to do what it tion. ate such a glaring, incredible abuse of takes to weed out those nominees who The PRESIDING OFFICER. Without judicial authority. It is obvious that pay lip service to judicial restraint, but objection, it is so ordered. that is the case. But let me ask—I am then think they can do anything they Mr. FORD. Mr. President, how much confused as to how it is that the dis- want to once they don their robes. time am I allotted? trict court judge here in Washington There are limitations to the judici- The PRESIDING OFFICER. Ten min- would assert jurisdiction. What was her ary. The judiciary can preserve itself utes. jurisdiction? and keep the high opinion of the Amer- Mr. FORD. I will not take that long. Mr. HATCH. There is none. It is abso- ican people by not acting as activists, (The remarks of Mr. FORD pertaining lutely astounding. Here is a Federal by not usurping the powers of the other to the introduction of S. 250 are located district judge, trial court judge in the two separated branches of Government, in today’s RECORD under ‘‘Statements District of Columbia, who has abso- and by living within the limits of the on Introduced Bills and Joint Resolu- lutely no connection to the Fourth Cir- Third Branch. tions.’’) cuit Court of Appeals, telling appellate I do not care whether activism comes f judges that they must come before her from the right or whether it comes and explain why this murderer’s frivo- from the left. It is wrong, and I have RULES OF PROCEDURE FOR THE lous appeal was denied. never seen a more flagrant case of COMMITTEE ON ARMED SERVICES Mr. D’AMATO. Was the crime com- something that is wrong than this case. Mr. THURMOND. Mr. President, mitted here in DC? That is why I wanted to bring it to the today I am reporting to the Senate the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S850 CONGRESSIONAL RECORD — SENATE January 30, 1997 rules of procedure for the Committee ranking majority member present at the (e) Confidential testimony taken or con- on Armed Services as provided for in meeting or hearing shall preside unless by fidential material presented in a closed hear- rule 26.2 of the Standing Rules of the majority vote the Committee provides other- ing of the Committee or subcommittee or wise. any report of the proceedings of such hearing Senate. These rules were unanimously 6. Quorum. shall not be made public in whole or in part adopted by the committee today, Janu- (a) A majority of the members of the Com- or by way of summary unless authorized by ary 30, 1997, and I ask unanimous con- mittee are required to be actually present to a majority vote of the Committee or sub- sent that they be printed in the report a matter or measure from the Com- committee. RECORD. mittee. (See Standing Rules of the Senate (f) Any witness summoned to give testi- There being no objection, the rules 26.7(a)(1)). mony or evidence at a public or closed hear- (b) Except as provided in subsections (a) were ordered to be printed in the ing of the Committee or subcommittee may and (c), and other than for the conduct of be accompanied by counsel of his own choos- RECORD, as follows: hearings, six members of the Committee ing who shall be permitted at all times dur- ARMED SERVICES COMMITTEE RULES OF shall constitute a quorum for the trans- ing such hearing to advise such witness of PROCEDURE action of such business as may be considered his legal rights. (Adopted January 30, 1997) by the Committee. (g) Witnesses providing unsworn testimony 1. Regular Meeting Day. The Committee (c) Three members of the Committee, one to the Committee may be given a transcript shall meet at least once a month when Con- of whom shall be a member of the minority of such testimony for the purpose of making party, shall constitute a quorum for the pur- gress is in session. The regular meeting days minor grammatical corrections. Such wit- pose of taking sworn testimony, unless oth- of the Committee shall be Tuesday and nesses will not, however, be permitted to erwise ordered by a majority of the full Com- Thursday, unless the Chairman directs oth- alter the substance of their testimony. Any mittee. question involving such corrections shall be erwise. (d) Proxy votes may not be considered for 2. Additional Meetings. The Chairman may decided by the Chairman. the purpose of establishing a quorum. call such additional meetings as he deems 11. Nominations. Unless otherwise ordered 7. Proxy Voting. Proxy voting shall be al- by the Committee, nominations referred to necessary. lowed on all measures and matters before the 3. Special Meetings. Special meetings of the the Committee shall be held for at least Committee. The vote by proxy of any mem- seven (7) days before being voted on by the Committee may be called by a majority of ber of the Committee may be counted for the the members of the Committee in accord- Committee. Each member of the Committee purpose of reporting any measure or matter shall be furnished a copy of all nominations ance with paragraph 3 of Rule XXVI of the to the Senate if the absent member casting Standing Rules of the Senate. referred to the Committee. such vote has been informed of the matter on 12. Real Property Transactions. Each mem- 4. Open Meetings. Each meeting of the Com- which he is being recorded and has affirma- mittee, or any subcommittee thereof, includ- ber of the Committee shall be furnished with tively requested that he be so recorded. a copy of the proposals of the Secretaries of ing meetings to conduct hearings, shall be Proxy must be given in writing. the Army, Navy, and Air Force, submitted open to the public, except that a meeting or 8. Announcement of Votes. The results of all pursuant to 10 U.S.C. 2662 and with a copy of series of meetings by the committee or a roll call votes taken in any meeting of the the proposals of the Director of the Federal subcommittee thereof on the same subject Committee on any measure, or amendment Emergency Management Agency, submitted for a period of no more than fourteen (14) thereto, shall be announced in the com- pursuant to 50 U.S.C. App. 2285, regarding the calendar days may be closed to the public on mittee report, unless previously announced proposed acquisition or disposition of prop- a motion made and seconded to go into close by the Committee. The announcement shall erty of an estimated price or rental of more session to discuss only whether the matters include a tabulation of the votes cast in than $50,000. Any member of the Committee enumerated below in clauses (a) through (f) favor and votes cast in opposition to each objecting to or requesting information on a would require the meeting to be closed, fol- such measure and amendment by each mem- proposed acquisition or disposal shall com- lowed immediately by a record vote in open ber of the Committee who was present at municate his objection or request to the session by a majority of the members of the such meeting. The chairman may hold open Chairman of the Committee within thirty Committee or subcommittee when it is de- a roll call vote on any measure or matter (30) days from the date of submission. termined that the matters to be discussed or which is before the Committee until no later 13. Legislative Calendar. the testimony to be taken at such meeting than midnight of the day on which the Com- (a) The clerk of the Committee shall keep or meetings— mittee votes on such measure or matter. a printed calendar for the information of (a) will disclose matters necessary to be 9. Subpoenas. Subpoenas for attendance of each committee member showing the bills kept secret in the interests of national de- witnesses and for the production of memo- introduced and referred to the Committee fense or the confidential conduct of the for- randa, documents, records, and the like may and the status of such bills. Such calendar eign relations of the United States; be issued by the Chairman or any other shall be revised from time to time to show (b) will relate solely to matters of com- member designated by him, but only when pertinent changes in such bills, the current mittee staff personnel or internal staff man- authorized by a majority of the members of status thereof, and new bills introduced and agement or procedure; the Committee. The Subpoena shall briefly referred to the Committee. A copy of each (c) will tend to charge an individual with a state the matter to which the witness is ex- new revision shall be furnished to each mem- crime or misconduct, to disgrace or injure pected to testify or the documents to be pro- ber of the Committee. the professional standing of an individual, or duced. (b) Unless otherwise ordered, measures re- otherwise to expose an individual to public 10. Hearings. ferred to the Committee shall be referred by contempt or obloquy or will represent a (a) Public notice shall be given of the date, the clerk of the Committee to the appro- clearly unwarranted invasion of the privacy place, and subject matter of any hearing to priate department or agency of the Govern- of an individual; be held by the Committee, or any sub- ment for reports thereon. (d) will disclose the identity or any in- committee thereof, at least 1 week in ad- 14. Except as otherwise specified herein, former or law enforcement agent or will dis- vance of such hearing, unless the Committee the Standing Rules of the Senate shall gov- close any information relating to the inves- or subcommittee determines that good cause ern the actions of the Committee. Each sub- tigation or prosecution of a criminal offense exists for beginning such hearings at an ear- committee of the Committee is part of the that is required to be kept secret in the in- lier time. Committee, and is therefore subject to the terests of effective law enforcement; (b) Hearings may be initiated only by the Committee’s rules so far as applicable. (e) will disclose information relating to the specified authorization of the Committee or 15. Powers and Duties of Subcommittees. Each trade secrets or financial or commercial in- subcommittee. subcommittee is authorized to meet, hold formation pertaining specifically to a given (c) Hearings shall be held only in the Dis- hearings, receive evidence, and report to the person if— trict of Columbia unless specifically author- full Committee on all matters referred to it. (1) an Act of Congress requires the infor- ized to be held elsewhere by a majority vote Subcommittee chairmen shall set dates for mation to be kept confidential by Govern- of the Committee or subcommittee con- hearings and meetings of their respective ment officers and employees; or ducting such hearings. subcommittees after consultation with the (2) the information has been obtained by (d) Witnesses appearing before the Com- Chairman and other subcommittee chairmen the Government on a confidential basis, mittee shall file with the clerk of the Com- with a view toward avoiding simultaneous other than through an application by such mittee a written statement of their proposed scheduling of full Committee and sub- person for a specific Government financial or testimony prior to the hearing at which they committee meetings or hearings whenever other benefit, and is required to be kept se- are to appear unless the chairman and the possible. cret in order to prevent undue injury to the ranking minority member determine that competitive position of such person; or there is good cause not to file such a state- f (f) may divulge matters required to be kept ment. Witnesses testifying on behalf of the THE VERY BAD DEBT BOXSCORE confidential under other provisions of law or Administration shall furnish an additional 50 Government regulations. copies of their statement to the Committee. Mr. HELMS. Mr. President, at the 5. Presiding Officer. The Chairman shall All statements must be received by the Com- close of business yesterday, Thursday, preside at all meetings and hearings of the mittee at least 48 hours (not including week- January 29, the Federal debt stood at committee except that in his absence the ends or holidays) before the hearing. $5,319,575,822,990.65.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S851 One year ago, January 29, 1996, the U.S. FOREIGN OIL CONSUMPTION: checklist and found that they had done Federal debt stood at $4,987,704,000,000. HERE’S WEEKLY BOX SCORE an excellent job of making their home Five years ago, January 29, 1992, the Mr. HELMS. Mr. President, one trou- safe for children. In Reno, we visited the home of Lisa Federal debt stood at $3,799,219,000,000. bling aspect of our determining na- and Scott Anderson and their daughter Ten years ago, January 29, 1987, the tional security is the manner in which Lyndsey Sue. There, Chairman Brown Federal debt stood at $2,222,608,000,000. the United States has become more and was able to point out that their baby Fifteen years ago, January 29, 1982, more deeply dependent upon foreign crib passed the soda can test. She dem- the Federal debt stood at countries to supply the bulk of our en- onstrated that a soda can is useful to $1,038,379,000,000 which reflects a debt ergy needs for the American people. increase of more than $4 trillion measure the spaces between the slats I was holding hearings on this per- in a baby’s crib. If the soda can cannot ($4,281,196,822,990.65) during the past 15 ilous situation a decade ago when I was years. go through the slats, then the crib is chairman of the Agriculture Com- baby safe. mittee; and again this past Congress in f Chairman Brown also demonstrated my present capacity as chairman of the the importance of clipping the loop at Senate Foreign Relations Committee. the end of venetian blind cords. She TRIBUTE TO PAUL TSONGAS The administration does acknowl- told us in the past 14 years, 173 children Mr. LEAHY. Mr. President, I stand edge that this is a national security had strangled in the loops of curtain here today to pay tribute to Paul Tson- concern, but, the administration has and blind cords, but that as a result of gas, one of the most courageous men done precisely nothing about U.S. de- a voluntary agreement she secured and of the greatest humanitarians that pendency on foreign oil. from the blind cord industry, manufac- I have had the honor of serving with in Mr. President, the American Petro- turers are now installing safety tassels the U.S. Senate. leum Institute reports that for the at the end of their cords. She com- Paul Tsongas’ work for his fellow week ending January 24, the U.S. im- mended the Andersons for making man did not start nor stop here in ported 7,840,000 barrels of oil, 945,000 their home safe for a baby by putting Washington. Before he even dreamed of barrels more than the 6,895,000 im- all medicines on an upper shelf far running for elected office, he donated ported during the same week a year from a baby’s curious hands and having his time to the Peace Corps, serving in ago. no baby clothes with strings or cords. Ethiopia and the West Indies. To put it another way, Americans re- In both Las Vegas and Reno, the But whether it was Ethiopia or Wash- lied on foreign oil for 54.7 percent of homes contained smoke alarms, but ington, DC, Paul Tsongas left his mark their needs last week, and there are no lacked carbon monoxide detectors. wherever he went. signs that the upward spiral will abate. Chairman Brown emphasized to both In his hometown of Lowell, MA, one Before the Persian Gulf war, the families the necessity of these devices. only needs to look at the Lowell Na- United States obtained approximately Every year, about 200 people die from tional Historical Park to realize what 45 percent of its oil supply from foreign carbon monoxide poisoning, and thou- he meant to his fellow citizens of that countries. During the Arab oil embargo sands are treated in hospital emer- historical New England town. in the 1970’s, foreign oil accounted for gency rooms. With the installation of He only served in the Senate for one only 35 percent of America s oil supply. CO detectors and annual appliance in- term. But in just his second year, he Which raises the inevitable ques- spections, these deaths and injuries can led the efforts to pass the Alaska tions: is anybody else interested in re- be prevented. Lands Act of 1980 which has been recog- storing domestic production of oil—by I want to commend Chairman Brown nized as one of the most important U.S. producers using American work- for her valuable work promoting con- pieces of conservation legislation in ers? Politicians would do well to pon- sumer product safety in Nevada and history. der the economic calamity certain to across the country. The baby safety When diagnosed with lymphoma, he occur in America if and when foreign program she initiated is a model of the left the Senate to spend more time producers shut off our supply—or dou- way business and government can work with his family. But he did not give in ble the already enormous cost of im- together as partners to advance the to his cancer. He fought it with the te- ported oil flowing into the United public interest. The Gerber Products Co. underwrote nacity that those of us who knew him States—now 7,840,000 barrels a day. the costs of printing the materials for would only come to expect. Mr. President, as I say, I shall con- the baby safety program. This has al- After undergoing experimental sur- tinue to report to the Senate—and to the American people—on a regular lowed the CPSC to make the baby safe- gery to beat the cancer, he felt even ty checklist and other helpful mate- more compelled to donate his life to basis regarding the increasingly dangerous U.S. dependency on foreign oil. rials available to thousands of people helping his fellow citizens. One person throughout the country. he helped was my close friend Bill f The Consumer Product Safety Com- Gray. Bill, suffering from cancer, was CPSC CHAIRMAN ANN BROWN mission is a small agency with a big constantly encouraged and cheered by mission—to keep families safe in their Paul. BRINGS CONSUMER PRODUCT SAFETY MESSAGE TO NEVADANS homes and at play. It is also one of the As we all remember, his remarkable taxpaying public’s best bargains in run for President as an advocate for a Mr. BRYAN. Mr. President, last government. CPSC’s $42.5 million budg- balanced budget in 1992 helped shape month U.S. Consumer Product Safety et, about 16 cents per capita, helps to America’s political agenda. Commission Chairman, Ann Brown, attack the $200 billion in annual soci- After contributing to the campaign came to Nevada to deliver her vital etal costs and about $30 billion in di- in a losing effort, he co-founded the safety messages to my constituents in rect medical costs. Thus, every dollar Concord Coalition to advocate a bal- Las Vegas and Reno. Her timely visit, appropriated to CPSC has the potential anced budget. Since then, the deficit just before the holidays, when many to address about $5,000 in societal costs has been cut in half and the Concord people are preparing their homes for and about $600 in direct medical costs. Coalition has become one of the most visits by friends and relatives, re- As one example, the CPSC’s work in well respected bipartisan organizations minded the citizens of my State of the making sure baby cribs are safe and rein Washington. practical things they can do to keep moving unsafe cribs from the market Paul Tsongas will be remembered their homes safe. has reduced crib-related deaths from here in Washington and in his home- In Las Vegas, we visited the home of 200 annually to less than 50 deaths per town of Lowell not only for his work as Ms. Lori Black. Lori and her husband year. That one project alone saves soci- a legislator but for his work as a fa- Mike are the parents of eight children. ety nearly $1 billion a year—or almost ther, a husband, and a humanitarian. As we toured their home with Lori and 25 times the CPSC’s current annual My thoughts and prayers go out to her youngest daughter Leslie Mika and budget. his wife Niki, and his daughters Ash- oldest daughter Ann, Chairman Brown But the CPSC is most concerned with ley, Katina, and Molly. reviewed the CPSC’s baby safety saving lives and reducing injuries and

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S852 CONGRESSIONAL RECORD — SENATE January 30, 1997 it is working even now on actions to from the President of the United States Air Force while assigned to a position reduce those crib-related deaths to an States submitting sundry nominations of importance and responsibility under title even lower figure. which were referred to the appropriate 10, U.S.C., section 601: I would like to thank Chairman committees. To be general Brown for bringing her lifesaving mes- (The nominations received today are Lt. Gen. Lloyd W. Newton,0000 sage to the citizens of Nevada and to printed at the end of the Senate pro- The following-named officer for appoint- commend her for her excellent leader- ceedings.) ment in the United States Marine Corps to the grade indicated while assigned to a posi- ship of the Consumer Product Safety f Commission. I urge my colleagues to tion of importance and responsibility under PETITIONS AND MEMORIALS title 10, U.S.C., section 601: share the CPSC’s baby safety checklist with the new parents and grandparents Th following petitions and memorials To be lieutenant general in their States. were laid before the Senate and were Lt. Gen. James L. Jones, 0000 I ask unanimous consent that the referred or ordered to lie on the table The following-named Army Competitive baby safety checklist be printed in the as indicated: Category officer for promotion in the Reg- ular Army of the United States to the grade POM–29. A petition from a citizen of the RECORD. of major general under the provisions of title State of Mississippi relative to the eastern There being no objection, the mate- 10, U.S.C., sections 611(a) and 624(c): boundary of the State of Mississippi; to the rial was ordered to be printed in the To be major general RECORD, as follows: Committee on Rules and Administration. Brig. Gen. Larry G. Smith, 0000 BABY SAFETY CHECKLIST f The following-named Army Competitive BEDROOM REPORTS OF COMMITTEES Category officer for promotion in the Reg- Put your baby to sleep on her back or side The following reports of committees ular Army of the United States to the grade in a crib with a firm, flat mattress and no were submitted: of brigadier general under the provisions of soft bedding underneath her. title 10, U.S.C., sections 611(a) and 624(c): By Mr. HELMS, from the Committee on Make sure your baby’s crib is sturdy and To be brigadier general has no loose or missing hardware. Foreign Relations, without amendment: Never place your baby’s crib or furniture S. Res. 37. An original resolution author- Col. Mitchell M. Zais, 0000 near window blind or curtain cords. izing expenditures by the Committee on For- The following-named officer for appoint- eign Relations. ment in the U.S. Marine Corps to the grade BATHROOM By Mr. THURMOND, from the Committee indicated while assigned to a position of im- Keep medicines and cleaning products in on Armed Services, without amendment: portance and responsibility under title 10, containers with safety caps and locked away S. Res. 38. An original resolution author- U.S.C., section 601: from children. izing expenditures by the Committee on To be lieutenant general Always check bath water temperature with Armed Services. your wrist or elbow before putting your baby By Mr. THOMPSON, from the Committee Brig. Gen. Martin R. Steele, 0000 in to bathe. on Governmental Affairs, without amend- (The above nominations were re- Never, ever, leave your child alone in the ment: ported with the recommendation that bathtub or near any water. S. Res. 39. An original resolution author- they be confirmed.) KITCHEN izing expenditures by the Committee on Gov- Mr. THURMOND. Mr. President, for Don’t leave your baby alone in a highchair; ernmental Affairs. the Committee on Armed Services, I always use all safety straps. By Mr. BOND, from the Committee on Small Business, without amendment: report favorably 18 nomination lists in Use your stove’s back burners and keep pot the Air Force, Army, Marine Corps, handles turned to the back of the stove. S. Res. 40. An original resolution author- Lock household cleaning products, knives, izing expenditures by the Committee on and Navy which were printed in full in matches, and plastic bags away from chil- Small Business. the RECORD of January 7, 1997, and ask dren. By Mr. GRASSLEY, from the Special Com- unanimous consent, to save the ex- mittee on Aging, without amendment: LIVING AREAS pense of reprinting on the Executive S. Res. 41. An original resolution author- Calendar, that these nominations lie at Install smoke detectors on each floor of izing expenditures by the Special Committee your home, especially near sleeping areas; on Aging. the Secretary’s desk for the informa- change the batteries each year. tion of Senators: Use safety gates to block stairways and f The PRESIDING OFFICER. Without safety plugs to cover electrical outlets. EXECUTIVE REPORTS OF objection, it is so ordered. Keep all small objects, including tiny toys COMMITTEES (The nominations ordered to lie on and balloons, away from young children. The following executive reports of the Secretary’s desk were printed in Mr. President, I suggest the absence committees were submitted: the RECORD January 7, 1997, at the end of a quorum. By Mr. THURMOND, from the Committee of the Senate proceedings.) The PRESIDING OFFICER (Mr. on Armed Services: In the Air Force there are 12 promotions to SANTORUM). The clerk will call the roll. To be major general the grade of lieutenant colonel and below The assistant legislative clerk pro- Brig. Gen. Maxwell C. Bailey, 0000 (list begins with Samuel R. Bakalian, Jr.) ceeded to call the roll. Brig. Gen. William J. Dendinger, 0000 (Reference No. 43) In the Army there are 5 promotions to the Mr. LOTT. Mr. President, I ask unan- Brig. Gen. Dennis G. Haines, 0000 grade of major (list begins with Robert J. imous consent that the order for the Brig. Gen. Charles R. Henderson, 0000 Metz) (Reference No. 44) quorum call be rescinded. Brig. Gen. Charles R. Holland, 0000 In the Army there are 16 promotions to the The PRESIDING OFFICER (Mr. Brig. Gen. Silas R. Johnson, Jr., 0000 grade of colonel (list begins with Owen H. Brig. Gen. Thomas J. Keck, 0000 ABRAHAM). Without objection, it is so Black) (reference No. 45) Brig. Gen. Rodney P. Kelly, 0000 ordered. In the Army there is 1 promotion to the Brig. Gen. Ronald P. Keys, 0000 Mr. LOTT. Good to see the Senator grade of major (Randel D. Matney) (Ref- Brig. Gen. David R. Love, 0000 presiding this afternoon. Shall we erence No. 46) Brig. Gen. Earl W. Mabry, II, 0000 begin the closing process, now, Mr. In the Army there are 6 promotions to the Brig. Gen. Richard C. Marr, 0000 grade of colonel and below (list begins with President? Would that be all right? Brig. Gen. William F. Moore, 0000 The PRESIDING OFFICER. Without Ronald P. Turnicky) (Reference No. 47) Brig. Gen. Thomas H. Neary, 0000 In the Army there are 2 promotions to the objection, it is so ordered. Brig. Gen. Susan L. Pamerleau, 0000 grade of lieutenant colonel (list begins with f Brig. Gen. Andrew J. Pelak, Jr., 0000 John E. Rueth) (Reference No. 48) Brig. Gen. Gerald F. Perryman, Jr., 0000 MESSAGES FROM THE PRESIDENT In the Army there is 1 appointment to the Brig. Gen. Roger R. Radcliff, 0000 grade of colonel (Phillip J. Todd) (Reference Messages from the President of the Brig. Gen. Richard H. Roellig, 0000 No. 49) United States were communicated to Brig. Gen. Lansford E. Trapp, Jr., 0000 In the Army there is 1 promotion to the the Senate by Mr. Williams, one of his Brig. Gen. Thomas C. Waskow, 0000 grade of lieutenant colonel (Emmanuel M. Brig. Gen. Charles J. Wax, 0000 secretaries. Chiaparas) (Reference No. 50) Brig. Gen. John L. Woodward, Jr., 0000 In the Army there are 5 appointments to EXECUTIVE MESSAGES REFERRED Brig. Gen. Michael K. Wyrick, 0000 the grade of lieutenant colonel and below As in executive session the Presiding The following-named officer for appoint- (list begins with Benje H. Boedeker) (Ref- Officer laid before the Senate messages ment to the grade of general in the United erence No. 51)

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S853 In the Army there is 1 appointment to the formation contained in this report is com- Extraordinary and Plenipotentiary of the grade of major (Rupert H. Peete) (Reference plete and accurate. United States of America to Australia. No. 52) Contributions, amount, date, and donee: Nominee: Genta Hawkins Holmes. In the Army there are 3 appointments to 1. Self: none. Post: Australia. the grade of lieutenant colonel and below 2. Spouse: none. The following is a list of all members of (list begins with 4673X) (Reference No. 53) 3. Children and spouses names: none. my immediate family and their spouses. I In the Army there are 29 promotions to the 4. Parents names—Ronald and Jane Hays: have asked each of these persons to inform grade of lieutenant colonel (list begins with $50 per year, Richard Matsuura (D–Hawaii); me of the pertinent contributions made by Mark S. Ackerman) (Reference No. 54) $25 per year, Gene Ward (R–Hawaii); $25 per them. To the best of my knowledge, the in- In the Marine Corps there is 1 promotion year, Tom Okamura (D–Hawaii); $1,000 1996, formation contained in this report is com- to the grade of lieutenant colonel (James W. 1995, Orson Swindle (R–Hawaii); $100 per year plete and accurate. Brown) (Reference No. 56) Republican National Committee. Contributions, amount, date, and donee: In the Marine Corps there is 1 promotion 5. Grandparents names: none. 1. Self: none. to the grade of colonel (Chris J. Gunther) 6. Brothers and spouses names: none. 2. Spouse: none. (Reference No. 57) 7. Sisters and spouses names: none. 3. Children and spouses names: none. In the Marine Corps there is 1 promotion Arma Jane Karaer, of Virginia, a Career 4. Parents names: deceased. to the grade of major (Douglas S. Kurth) Member of the Senior Foreign Service, Class 5. Grandparents names: deceased. (Reference No. 58) of Counselor, to be Ambassador Extraor- 6. Brothers and spouses names: Ronald H. In the Marine Corps there are 3 appoint- dinary and Plenipotentiary of the United Hawkins, none. ments to the grade of lieutenant colonel (list States of America to Papua New Guinea, and 7. Sisters and spouses names: none. begins with Randall N. Miller) (Reference to serve concurrently and without additional Madeleine May Kunin, of Vermont, to No. 59) compensation as Ambassador Extraordinary serve concurrently and without additional In the Naval Reserve there 3 appointments and Plenipotentiary of the United States of compensation as Ambassador Extraordinary to the grade of captain (list begins with Gary America to Solomon Islands, and as Ambas- and Plenipotentiary of the United States of D. Bumgarner) (Reference No. 61) sador Extraordinary and Plenipotentiary of America to the Principality of Liech- In the Navy there are 471 appointments to the United States of America to the Republic tenstein. the grade of captain and below (list begins of Vanuatu. Nominee: Madeleine May Kunin. with Marcial B. Dumlao) (Reference No. 66) Nominee: Arma Jane Karaer. Post: Ambassador to the Principality of By Mr. HELMS, from the Committee on Post: Port Moresby, Papua New Guinea. Liechtenstein. Foreign Relations: The following is a list of all members of The following is a list of all members of Karl Frederick Inderfurth, of North Caro- my immediate family and their spouses. I my immediate family and their spouses. I lina, to be an Alternate Representative of have asked each of these persons to inform have asked each of these persons to inform the United States of America to the 51st Ses- me of the pertinent contributions made by me of the pertinent contributions made by sion of the General Assembly of the United them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- Nations. formation contained in this report is com- formation contained in this report is com- Madeleine Korbel Albright, of the District plete and accurate. plete and accurate. of Columbia, to be a Representative of the Contributions, amount, date, and donee: Contributions, date, donee, amount: 1. Self: United States of America to the 51st Session 1. Self: Arma Jane Karaer, none. of the General Assembly of the United Na- 2. Spouse: Yasar Karaer, none. 1996: tions. 3. Children and spouses names: Alexandra Clinton/Gore Campaign ...... $100 Victor Marrero, of New York, to be an Al- Karaer, none; Ceren Karaer, none. Emily’s List ...... 125 ternate Representative of the United States 4. Parents: Alexander Szczepanski (father); Democratic Senate Campaign Com- of America to the 51st Session of the General deceased; Ida Szczepanski (mother), none. mittee ...... 50 Assembly of the United Nations. 5. Grandparents: Bronislaw Szczepanski, 1995: John Stern Wolf, of Maryland, a Career deceased; Caroline Szczepanski, deceased; Ir- Clinton/Gore Campaign ...... 100 Member of the Senior Foreign Service, Class ving E. Anderson, deceased; Hedwig L. An- Democratic Senate Campaign Com- of Minister-Counselor, for the rank of Am- derson, deceased. mittee ...... 50 Democratic Congressional Cam- bassador during his tenure of service as U.S. 6. Brothers and Spouses: Bruce paign Committee ...... 50 Coordinator for Asia Pacific Economic Co- Szczepanski, none; Edith Szczepanski; none. Democratic Congressional Cam- operation (APEC). David Szczepanski: $50, 3/95, MN Republican paign Committee ...... 50 Edward William Gnehm, Jr., of Georgia, to Party; $100, 8/95, Dennis Newinski; $200, 4/96 1994: be a Representative of the United States of Dennis Newinski; $50, 7/96, MN Republican Party. Joan Szczepanski, deceased; Michael Emily’s List ...... 100 America to the 51st Session of the General Vermont Democratic Party ...... 100 Szczepanski, none; Nancy Szczepanski, none; Assembly of the United Nations. 1993: Steven Szczepanski, none; Thomas John Francis Maisto, of Pennsylvania, a Howard Dean Campaign for Gov- Szczepanski, none; Cynthia Szczepanski, Career Member of the Senior Foreign Serv- ernor ...... 50 ice, Class of Minister-Counselor, to be Am- none. Democratic Congressional Cam- bassador extraordinary and Plenipotentiary 7. Sisters and spouses: none. paign Committee ...... 50 of the United States of America to the Re- Anne W. Patterson, of Virginia, a Career Elaine Baxter for Congress ...... 50 public of Venezuela. Member of the Senior Foreign Service, Class Don Hooper for Senate ...... 50 Nominee: John F. Maisto. of Minister-Counselor, to be Ambassador Ex- Doug Racine for Lt. Governor ...... 50 Post: U.S. Ambassador to Venezuela. traordinary and Plenipotentiary of the 1992: Contributions, amount, date, and donee: United States of America to the Republic of Vermont Democratic Party ...... 200 1. Self: John F. Maisto, none. El Salvador. Clinton for President ...... 100 2. Spouse: Maria Consuelo G. Maisto, none. Nominee: Anne Woods Patterson. Carol Mosley Braun ...... 50 3. Children and spouses names: John Jo- Post: Republic of El Salvador. Leahy for Senate ...... 25 seph Maisto/Karen Nelson, none; Maria The following is a list of all members of Arnie Arneson for Governor, NH .... 100 Consuelo Maisto Lynch, none; Edward J. my immediate family and their spouses. I Howard Dean for Governor ...... 50 Lynch, none; Maria Cristina Maisto, none. have asked each of these persons to inform Women’s Campaign Fund ...... 50 4. Parents names: John Maisto (deceased), me of the pertinent contributions made by Clinton Inaugural Committee ...... 550 none; Mary P. Maisto. them. To the best of my knowledge, the in- Lyn Yeakel for Senate ...... 50 5. Grandparents names: Elpedio Maisto (de- formation contained in this report is com- Vermont Women’s Political Caucus 50 ceased), none; Luisa Maisto (deceased), none. plete and accurate. Barbara Boxer for Senate ...... 50 6. Brothers and spouses names: Albert L. Contributions, amount, date, and donee: Hooper for VT Secretary of State ... 50 Maisto, none; Mary Jean Mills Maisto, none. 1. Self: Anne W. Patterson, none. 1991: 7. Sisters and spouses names: none. 2. Spouse: David R. Patterson, none. Vermont Democratic Party ...... 100 Dennis K. Hays, of Florida, a Career Mem- 3. Children and spouses names: Edward C. Chittenden County Democratic ber of the Senior Foreign Service, Class of Patterson (Age 15), none; Andrew W. Patter- Party ...... 50 Counselor, to be Ambassador Extraordinary son (age 9), none. Women’s Political Caucus ...... 50 and Plenipotentiary of the United States of 4. Parents names: John and Carol Woods, 2. Spouse: divorced. America to the Republic of Suriname. none. 3. Children and spouses names: Peter & Nominee: Dennis K. Hays. 5. Grandparents names: None living. Lisa Kunin, none; Julie Kunin, none; Adam Post: Suriname. 6. Brothers and spouses names: John Davis Kunin, none; Daniel Kunin, none. The following is a list of all members of Woods, Jr., none; Jean Byers Woods, none. 4. Parents names: deceased. my immediate family and their spouses. I 7. Sisters and spouses names: none. 5. Grandparents names: deceased. have asked each of these persons to inform Genta Hawkins Holmes, of California, a Ca- 6. Brothers and spouses names: Edgar May, me of the pertinent contributions made by reer Member of the Senior Foreign Service, $100, 1992, Clinton Campaign; $150, 1993, Doug them. To the best of my knowledge, the in- Class of Minister-Counselor, as Ambassador Racine Campaign.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S854 CONGRESSIONAL RECORD — SENATE January 30, 1997 7. Sisters and spouses names: none. Michael Eleazar Parmly, of Florida Stephen A. Druzak, of Washington (The above nominations were re- Jo Ellen Powell, of the District of Columbia Mary Eileen Earl, of Virginia ported with the recommendation that David E. Randolph, of Arizona Linda Laurents Eichblatt, of Texas Victor Manuel Rocha, of California Jessica Ellis, of Washington they be confirmed, subject to the nomi- Anthony Francis Rock, of New Hampshire Stephanie Jane Fossan, of Virginia nees’ commitment to respond to re- Lawrence George Rossin, of California Christopher Scott Hegadorn, of the District quests to appear and testify before any John M. Salazar, of New Mexico of Columbia duly constituted committee of the Sen- Sandra J. Salmon, of Florida Harry R. Kamian, of California ate.) Janet A. Sanderson, of Arizona Marc E. Knapper, of California Mr. HELMS. Mr. President, for the Ronald Lewis Schlicher, of Tennessee Blair L. LaBarge, of Utah Committee on Foreign Relations, I also Joseph B. Schreiber, of Michigan William Scott Laidlaw, of Washington report favorably four nomination lists Richard Henry Smyth, of California Kaye-Ann Lee, of Washington in the Foreign Service which were William A. Stanton, of California Brian Lieke, of Texas Gregory Michael Suchan, of Ohio Bernard Edward Link, of Delaware printed in full in the RECORDS of Janu- Laurie Tracy, of Virginia Lee MacTaggart, of Washington ary 21, and 28, 1997, and ask unanimous Frank Charles Urbancic, Jr., of Indiana Richard T. Reiter, of California consent, to save the expense of reprint- Harry E. Young, Jr., of Missouri Kai Ryssdal, of Virginia ing on the Executive Calendar, that Career Members of the Senior Foreign Norman Thatcher Scharpf, of the District of these nominations lie at the Sec- Service, Class of Counselor, and Consular Of- Columbia retary’s desk for the information of ficers and Secretaries in the Diplomatic Jennifer Leigh Schools, of Texas Senators. Service of the United States of America: Justin H. Siberell, of California Anthony Syrett, of Washington The PRESIDING OFFICER. Without John R. Bainbridge, of Maryland Herbert S. Traub, III, of Florida Bernard W. Bies, of South Dakota objection, it is so ordered. Arnoldo Vela, of Texas Melvin L. Harrison, of Virginia (The nominations ordered to lie on J. Richard Walsh, of Alabama Lawrence N. Hill, of California the Secretary’s desk were printed in David K. Young, of Florida Bernardo Segura-Guron, of Virginia the RECORDS of January 21 and 28, 1997, Darcy Fyock Zotter, of Vermont Mark Stevens, of Florida at the end of the Senate proceedings.) Frederick J. Summers, of California The following-named Members of the For- The following-named Career Members of Brooks A. Taylor, of New Hampshire eign Service of the Department of Commerce the Senior Foreign Service of the Depart- William L. Young, of Virginia and the Department of State to be Consular Officers and/or Secretaries in the Diplomatic ment of State for promotion in the Senior The following-named Career Member of the Service of the United States of America, as Foreign Service to the classes indicated: Senior Foreign Service of the United States Career Members of the Senior Foreign indicated: Information Agency for promotion in the Service of the United States of America, Consular Officers and Secretaries in the Senior Foreign Service to the class indi- Class of Career Minister: Diplomatic Service of the United States of cated: America: John C. Kornblum, of Michigan Career Member of the Senior Foreign Serv- Edward S. Walker, Jr., of Maryland ice of the United States of America, Class of Derek A. Bower, of Virginia Career Members of the Senior Foreign Career Minister: Steven P. Chisholm, of Virginia Henry J. Hein, Jr., of Virginia Service of the United States of America, Marilyn McAfee, of Florida. Class of Minister-Counselor: Holly Ann Herman, of Virginia The following-named persons of the agen- E. Keith Kirkham, of Maine Marshall P. Adair, of Florida cies indicated for appointment as Foreign Mary Pat Moynihan, of Virginia Jeffrey A. Bader, of Florida Service Officers of the classes stated, and John W. Ratkiewicz, of New Jersey Lawrence Rea Baer, of California also for the other appointments indicated Secretary in the Diplomatic Service of the Donald Keith Bandler, of Pennsylvania herewith: James W. Bayuk, of Illinois For appointment as Foreign Service Offi- United States of America: Eldon E. Bell, of South Dakota cer of Class One, Consular Officer and Sec- William B. Clatanoff, Jr., of Virginia James D. Bindenagel, of California retary in the Diplomatic Service of the The following-named Career Members of Ralph L. Booyce, Jr., of Virginia United States of America: the Foreign Service of the Department of Prudence Bushnell, of Virginia DEPARTMENT OF STATE State for promotion in the Senior Foreign Wendy Jean Chamberlin, of Virginia Service to the class indicated, effective Octo- Larry Corbett, of Nevada Lynwood M. Dent, Jr., of Virginia ber 18, 1992: C. Lawrence Greenwood, Jr., of Florida For appointment as Foreign Service Offi- Career Members of the Senior Foreign John Randle Hamilton, of Virginia cers of Class Two, Consular Officers and Sec- Service of the United States of America; Howard Franklin Jeter, of South Carolina retaries in the Diplomatic Service of the Class of Minister-Counselor: United States of America: Charles Kartman, of Virginia Elizabeth B. Bollmann, of Missouri Kathryn Dee Robinson, of Tennessee DEPARTMENT OF COMMERCE Marsha D. von Duerekheim, of California Peter F. Romero, of Florida Hans J. Amrhein, of Virginia The following-named Career Members of Wayne S. Rychak, of Maryland DEPARTMENT OF STATE the Foreign Service of the Department of Earl A. Wayne, of California State, previously promoted in the Senior R. Susan Wood, of Florida Phyllis Marie Powers, of Texas Michael S. Tulley, of California Foreign Service to the class indicated on Oc- The following-named Career Members of For appointment as Foreign Service Offi- tober 18, 1992 now to be effective April 7, 1991: the Foreign Service for promotion into the Career Members of the Senior Foreign cers of Class Three, Consular Officers and Senior Foreign Service, and for appointment Service of the United States of America, Secretaries in the Diplomatic Service of the as Consular Officers and Secretaries in the Class of Minister-Counselor: Diplomatic Service, as indicated: United States of America: Joan Ellen Corbett, of Virginia Career Members of the Senior Foreign AGENCY FOR INTERNATIONAL DEVELOPMENT Judith Rodes Johnson, of Texas Service of the United States of America, Kimberly J. Delaney, of Virginia Mary Elizabeth Swope, of Virginia Class of Counselor: Edith Fayssoux Jones Humphreys, of North The following-named Career Member of the Warrington E. Brown, of New Jersey Carolina Foreign Service of the Department of Sate, Lawrence E. Butler, of Maine DEPARTMENT OF STATE previously promoted in the Senior Foreign James Philip Callahan, of Florida Jemile L. Bertot, of Connecticut Service to the class indicated on October 18, James J. Carragher, of California For appointment as Foreign Service Offi- 1992, now to be effective October 6, 1991: John R. Dinger, of Iowa cer of Class Four, Consular Officers and Sec- Career Member of the Senior Foreign Serv- Ben Floyd Fairfax, of Virginia retaries in the Diplomatic Service of the ice of the United States of America, Class of Nick Hahn, of California United States of America: Minister-Counselor: William Thomas Harris, Jr., of Florida Ann Kelly Korky, of New Jersey DEPARTMENT OF STATE Sylvia G. Stanfield, of Texas Richard E.Kramer, of Tennessee Alfred B. Anzaldua, of California The following-named Career Member of the Richard Burdette LeBaron, of Virginia David A. Beam, of Pennsylvania Foreign Service of the Department of State, Antoinette S. Marwitz, of Virginia Donald Armin Blome, of Illinois previously promoted in the Senior Foreign Robert John McAnneny, of Connecticut P.P. Declan Bryne, of Washington Service to the class indicated on November 6, Edward McKeon, of the District of Columbia Lauren W. Catipon, of New Jersey 1988, now effective October 12, 1986: William T. Monroe, of Connecticut James Patrick DeHart, of Michigan Career Members of the Senior Foreign Lauren Moriarty, of Hawaii Joseph DeMaria, of New Jersey Service of the United States of America, Michael C. Mozur, of Virginia Michael Ralph DeTar, of New York Class of Counselor: Stephen D. Mull, of Pennsylvania Rodger Jan Deuerlein, of California Joan Ellen Corbett, of Virginia

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S855 Judith Rodes Johnson, of Texas Linda Joy Hartley, of California Gregory M. Wong, of Missouri Mary Elizabeth Swope, of Virginia Sharon Hudson-Dean of Pennsylvania Kim Woodward, of Virginia The following-named Career Member of the Constance Colding Jones, of Indiana Martha-Jean Hughes Wynnyczok, of Virginia Foreign Service of the Department of State, Steven Louis Pike, of New York Teresa L. Young, of Virginia previously promoted into the Senior Foreign David Michael Reinert, of New Mexico Secretary in the Diplomatic Service of the Service to the class indicated on November 6, DEPARTMENT OF STATE United States of America: 1988, now effective January 3, 1988: Sarah J. Metzger, of Virginia John Weeks, of Virginia Career Member of the Senior Foreign Serv- For appointment as Foreign Service Offi- ice of the United States of America, Class of cer of Class Four, Consular Officer and Sec- f Counselor: retary in the Diplomatic Service of the Sylvia G. Stanfield, of Texas United States of America effective June 28, The following-named Career Member of the 1996: INTRODUCTION OF BILLS AND Foreign Service of the Department of State, Marc C. Johnson, of the District of Columbia JOINT RESOLUTIONS previously promoted into the Senior Foreign The following-named Members of the For- The following bills and joint resolu- Service to the class indicated on April 7, eign Service of the Department of Commerce tions were introduced, read the first 1991, now effective November 19, 1989: and the Department of State, to be Consular Career Member of the Senior Foreign Serv- Officers and/or Secretaries in the Diplomatic and second time by unanimous con- ice of the United States of America, Class of Service of America, as indicated: sent, and referred as indicated: Counselor: Consular Officers and Secretaries in the By Ms. MOSELEY-BRAUN (for herself, Virginia Carson Young, of the District of Co- Diplomatic Service of the United States of Mr. ABRAHAM, Mr. D’AMATO, Mr. JEF- lumbia America: FORDS, Mr. LIEBERMAN, Mr. DASCHLE, The following-named Career Member of the Robert L. Adams, of Virginia and Mrs. MURRAY): Foreign Service of the Department of State, Veomayoury Baccam, of Iowa S. 235. A bill to amend the Internal Rev- previously promoted into the Senior Foreign Douglass R. Benning, of the District of Co- enue Code of 1986 to encourage economic de- Service to the class indicated on October 6, lumbia velopment through the creation of additional 1991, now effective April 7, 1991: Steven A. Bowers, of Virginia empowerment zones and enterprise commu- Career Member of the Senior Foreign Serv- Michael A. Brennan, of Connecticut nities and to encourage the cleanup of con- ice of the United States of America, Class of Kerry L. Brougham, of California taminated brownfield sites; to the Com- Counselor: Andrea Brouilette-Rodriguez, of Minnesota mittee on Finance. Judith M. Heiman, of Connecticut Paal Cammermeyer, of Maryland By Mr. GRAMS (for himself, Mr. ABRA- Priscilla Carroll Caskey, of Maryland HAM, Mr. ASHCROFT, Mr. FAIRCLOTH, The following-named Career Members of Julianne Marie Chesky, of Virginia Mr. HUTCHINSON, Mr. KYL, Mr. the Foreign Service of the Department of Carmela A. Conroy, of Washington MCCAIN, Mr. STEVENS, and Mr. State, previously promoted in the Senior Julie Chung, of California HAGEL): Foreign Service to the class indicated on Oc- Edward R. Degges, Jr., of Virginia tober 18, 1992, now effective April 7, 1991: S. 236. A bill to abolish the Department of Career Members of the Senior Foreign Thomas L. Elmore, of Florida Energy, and for other purposes; to the Com- Service of the United States of America, Wayne J. Fahnestock, of Maryland mittee on Energy and Natural Resources. Class of Counselor: Denis Barrett Finotti, of Maryland By Mr. BUMPERS: Kenneth Fraser, of Maryland S. 237. A bill to provide for retail competi- Judyt Landstein Mandel, of the District of Gary R. Giuffrida, of Maryland tion among electric energy suppliers for the Columbia Patricia M. Gonzalez, of Texas benefit and protection of consumers, and for Mary C. Pendleton, of Virginia David J. Greene, of New York other purposes; to the Committee on Energy The following-named Career Members of Raymond Franklin Greene, III, of Maryland and Natural Resources. the Foreign Service of the Department of Ronald Allen Gregory, of Tennessee By Mr. GRAMS (for himself and Mr. State, previously promoted into the Senior Deborah Guido-O’Grady, of Virginia GRAHAM): Foreign Service to the class indicated on Oc- Audrey Louise Hagedorm, of Virginia S. 238. A bill to amend title XVIII of the tober 18, 1992, now effective October 6, 1991: Patti Hagopian, of Virginia Social Security Act to ensure medicare re- Career Members of the Senior Foreign Charles P. Harrington, of Virginia imbursement for certain ambulance services, Service of the United States of America, Ronald S. Hiett, of Virginia and to improve the efficiency of the emer- Class of Counselor: Ruth-Ercile Hodges, of New York gency medical system, and for other pur- JeanAnne Louis, of Virginia Kristina M. Hotchkiss, of Virginia poses; to the Committee on Finance. Sharon Mercurio, of California Andreas O. Jaworski, of Virginia By Mr. DASCHLE (for himself, Mr. Ruth H. van Heuven, of Connecticut Ralph M. Jonassen, of New York JOHNSON, Mr. CONRAD, Mr. DORGAN, Robin Lane White, of Massachusetts Marni Kalupa, of Texas Mr. BAUCUS, Mr. HARKIN, and Mr. The following-named persons of the agen- Jane J. Kang, of California KERREY): cies indicated for appointment as Foreign Sarah E. Kemp, of New York S. 239. A bill to amend the Internal Rev- Service Officers of the classes stated, and Frederick J. Kowaleski, of Virginia enue Code of 1986 relating to the treatment also for the other appointments indicated Steven W. Krapcho, of Virginia of livestock sold on account of weather-re- herewith: for appointment as Foreign Serv- Gregory R. Lattanze, of Virginia lated conditions; to the Committee on Fi- ice Officer of Class One, Consular Officer and Charles W. Levesque, of Illinois nance. Secretary in the Diplomatic Service of the Janice O. MacDonald, of Virginia By Mr. MCCAIN: United States of America: C. Wakefield Martin, of Texas S. 240. A bill to provide for the protection AGENCY FOR INTERNATIONAL DEVELOPMENT Brian I. McCleary, of Virginia of books and materials of the Library of Con- Paul Albert Bisek, of Virginia Alan D. Meltzer, of New York gress, and for other purposes; to the Com- For appointment as Foreign Service Offi- David J. Mico, of Indiana mittee on Rules and Administration. cer of Class Two, Consular Officer and Sec- Christopher S. Misciagno, of Florida S. 241. A bill to amend the Internal Rev- retary in the Diplomatic Service of the Joseph P. Mullin, Jr., of Virginia enue Code of 1986 to allow a family-owned United States of America: Burke O’Connor, of California business exclusion from the gross estate sub- Edward J. Ortiz, of Virginia ject to estate tax, and for other purposes; to Susumo Ken Yamashita, of Maryland Maria Elena Pallick, of Indiana the Committee on Finance. For appointment as Foreign Service Offi- David D. Potter, of South Dakota S. 242. A bill to require a 60-vote super- cers of Class Three, Consular Officers and Eric N. Richardson, of Michigan majority in the Senate to pass any bill in- Secretaries in the Diplomatic Service of the Heather C. Roach, of Iowa creasing taxes; to the Committee on the United States of America: Taylor Vinson Ruggles, of Virginia Budget and the Committee on Governmental Susan Kuchinski Brems, of the District of Thomas L. Schmidt, of South Dakota Affairs, jointly, pursuant to the order of Au- Columbia Jonathan L.A. Shrier, of Florida gust 4, 1977, with instructions that if one Christine M. Bryne, of Virginia James E. Smeltzer, III, of Maryland Committee reports, the other Committee James Eric Schaeffer, of Florida Christine L. Smith, of Virginia have thirty days to report or be discharged. DEPARTMENT OF COMMERCE Keenan Jabbar Smith, of Pennsylvania By Mr. MCCAIN (for himself, Mr. HOL- Brian K. Stewart, of Virginia LINGS, Mr. FORD, and Mr. GORTON): Karla B. King, of Florida Christine D. Stuebner, of New York S. 243. A bill to provide for a short term re- Terry J. Sorgi, of Wisconsin Stephanie Faye Syptak, of Texas instatement of expired Airport and airway For appointment as Foreign Service Offi- Erminido Telles, of Virginia trust Fund taxes, and for other purposes; to cers of Class Four, Consular Officers and Sec- Mark Tesone, of Virginia the Committee on Finance. retaries in the Diplomatic Service of the Michael Anthony Veasy, of Tennessee By Mr. MCCAIN: United States of America: Glenn Stewart Warren, of California S. 244. A bill to amend the Internal Rev- U.S. INFORMATION AGENCY Mark E. Wilson, of Texas enue Code of 1986 to repeal the increase in Tania Bohachevsky Chomiak, of Florida Anthony L. Wong, of Virginia the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S856 CONGRESSIONAL RECORD — SENATE January 30, 1997 tax on social security benefits; to the Com- and Richard Gibbons; considered and agreed exist on the property. This factor cre- mittee on Finance. to. ates an incentive for companies to lo- By Mr. SARBANES (for himself and By Mr. HELMS: cate and develop in greenfields, which Ms. MIKULSKI): S. Res. 37. An original resolution author- are undeveloped areas generally in the S. 245. A bill to amend title 28, United izing expenditures by the Committee on For- States Code, to authorize the appointment of eign Relations; from the Committee on For- suburbs. This urban flight contributes additional bankruptcy judges for the judicial eign Relations; to the Committee on Rules to urban sprawl, taking jobs away from district of Maryland; to the Committee on and Administration. the city. the Judiciary. By Mr. THURMOND: It also results in the paving off of By Mr. GREGG: S. Res. 38. An original resolution author- many of the greenfield areas of our S. 246. A bill to amend title XVIII of the izing expenditures by the Committee on country. Social Security Act to provide greater flexi- Armed Services; from the Committee on The challenge for all of us is to stop bility and choice under the medicare pro- Armed Services; to the Committee on Rules this trend. And one way to do that is gram; to the Committee on Finance. and Administration. by encouraging businesses through the By Mr. WYDEN (for himself and Mr. By Mr. THOMPSON: SMITH): S. Res. 39. An original resolution author- Tax Code to redevelop and to reuse the S. 247. A bill for the relief of Rose-Marie izing expenditures by the Committee on Gov- existing brownfield sites; to reclaim, if Barbeau-Quinn; to the Committee on the Ju- ernmental Affairs; from the Committee on you will, sites that have been contami- diciary. Governmental Affairs; to the Committee on nated which have been used or used up. By Mrs. FEINSTEIN (for herself and Rules and Administration. At present, if an industrial property Mr. REID): By Mr. BOND: owner does environmental damage to S. 248. A bill to establish a Commission on S. Res. 40. An original resolution author- their property and then cleans up the Structural Alternatives for the Federal izing expenditures by the Committee on site, the owner is allowed to deduct the Courts of Appeals; to the Committee on the Small Business; from the Committee on Judiciary. Small Business; to the Committee on Rules cost of that cleanup from a single By Mr. D’AMATO (for himself, Ms. and Administration. year’s earnings. However, in a strange SNOWE, Mrs. FEINSTEIN, Mr. HOL- By Mr. GRASSLEY: twist of logic, someone who buys an en- LINGS, Mr. MOYNIHAN, Mr. DOMENICI, S. Res. 41. An original resolution author- vironmentally damaged piece of prop- Mr. FAIRCLOTH, Ms. MOSELEY-BRAUN, izing expenditures by the Special Committee erty and cleans up that property is not Mr. BIDEN, Mr. INOUYE, Mr. MUR- on Aging; from the Special Committee on allowed to expense these cleanup costs, KOWSKI, Mr. DODD, Mr. KERREY, Mr. Aging; to the Committee on Rules and Ad- but instead must capitalize the cost HATCH, Mr. GREGG, Mr. SMITH, and ministration. and depreciate the cleanup expense Mr. FORD): f S. 249. A bill to require that health plans over many years. provide coverage for a minimum hospital STATEMENTS ON INTRODUCED The result of this? The result has stay for mastectomies and lymph node dis- BILLS AND JOINT RESOLUTIONS been an urban landscape littered with vacant or abandoned properties, prop- section for the treatment of breast cancer, By Ms. MOSELEY-BRAUN (for coverage for reconstructive surgery fol- erties that attract crime and bring herself, Mr. ABRAHAM, Mr. lowing mastectomies, and coverage for sec- down property values in surrounding D’AMATO, Mr. JEFFORDS, Mr. ondary consultations; to the Committee on neighborhoods. Finance. LIEBER- MAN, Mr. DASCHLE AND Confronting the brownfields issue can By Mr. FORD: MRS. MURRAY): help to address many of the problems S. 250. A bill to designate the United S. 235. A bill to amend the Internal that face high unemployment in older States courthouse located in Paducah, Ken- Revenue Code of 1986 to encourage eco- tucky, as the ‘‘Edward Huggins Johnstone communities, including job creation, nomic development through the cre- economic renewal, environmental jus- United States Courthouse’’; to the Com- ation of additional empowerment zones mittee on Environment and Public Works. tice, and environmental improvement. By Mr. SHELBY (for himself, Mr. and enterprise communities and to en- The collective efforts of everyone, par- GRASSLEY, Mr. COCHRAN, Mr. ROB- courage the cleanup of contaminated ticularly the nonprofit community, the ERTS, Mr. ABRAHAM, and Mr. HUTCH- brownfield sites; to the Committee on private sector, government at all lev- INSON): Finance. els, developers, and community groups, S. 251. A bill to amend the Internal Rev- THE COMMUNITY EMPOWERMENT ACT OF 1997 are essential to begin the process of re- enue Code of 1986 to allow farmers to income Ms. MOSELEY-BRAUN. Mr. Presi- average over 2 years; to the Committee on turning brownfields property back to Finance. dent, it gives me great pleasure, to- productive use and to bring economic By Mr. GREGG: gether with my colleagues, Senators growth back to disadvantaged cities S. 252. A bill to amend the Internal Rev- ABRAHAM, D’AMATO, JEFFORDS, LIEBER- and rural areas. enue Code of 1986 to provide a reduction in MAN, MURRAY, and DASCHLE to reintro- Under the provisions of this legisla- the capital gains tax for assets held more duce the Community Empowerment tion, qualifying brownfields will be than 2 years, to impose a surcharge on short- Act of 1997. This legislation is designed provided full first-year expensing of en- term capital gains, and for other purposes; to to create new jobs and spur economic vironmental cleanup costs under the the Committee on Finance. growth by encouraging the cleanup and By Mr. LUGAR: Federal Tax Code. Full first-year ex- S. 253. A bill to establish the negotiating reuse of contaminated industrial and pensing simply means that a tax deduc- objectives and fast track procedures for fu- commercial sites known as tion will be allowed for the cleanup ture trade agreements; to the Committee on Brownfields. This bill also creates 20 costs in the year that those costs are Finance. new additional empowerment zones and incurred. By Mr. KOHL: 80 new enterprise communities all The Community Empowerment Act S. 254. A bill to amend part V of title 28, across the Nation. provides tax incentives that we hope United States Code, to require that the De- I like to call them environmentally will break through some of the current partment of Justice and State Attorneys challenged sites. They are sites on General are provided notice of a class action barriers preventing the private sector certification or settlement, and for other which there has been some contamina- from investing in brownfields cleanup purposes; to the Committee on the Judici- tion but not to a level sufficient to projects. ary. reach Superfund status. But they are So it provides a carrot, if you will, to contaminated nonetheless. They are, f the private sector to begin to help not on the one hand, excellent locations for only with the environmental cleanup SUBMISSION OF CONCURRENT AND industrial and commercial redevelop- but also with urban redevelopment. So SENATE RESOLUTIONS ment because the transportation, more it becomes a win-win in both regards in The following concurrent resolutions often than not, already exists. The in- that way. and Senate resolutions were read, and frastructure, the utilities, and the In my own State of Illinois, the referred (or acted upon), as indicated: labor force already exists. brownfields provisions will have a By Mr. LOTT (for himself and Mr. However, these properties are often major impact on efforts to help restore DASCHLE): unattractive to potential redevelopers neglected and abandoned industrial S. Res. 36. A resolution relative to the re- because of the known, unknown, or areas. It will facilitate the cleanup of tirements of Arthur Curran, Donn Larson, perceived contamination that may some 300 to 500 sites in Illinois, each of

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S857 which has a remediation cost ranging Equipment needed expansion space, but industrial centers and rural commu- from $250,000 to $500,000 per site. it feared the environmental liability. nities all the while improving our envi- The Treasury Department estimates However, in 1993, the city of Chicago ronment. that this act will provide $2 billion in took the initiative to invest just a lit- Again, I wish to thank my col- tax incentives that will leverage an ad- tle over $3,000 in this project, in this leagues, Senators ABRAHAM, D’AMATO, ditional $10 billion in private invest- environmental reclamation, this JEFFORDS, LIEBERMAN, MURRAY, and ment, returning an estimated 30,000 brownfields project, and 1 year later DASCHLE for their original cosponsor- brownfields across the country to pro- the company, Madison, put in $180,000 ship of this legislation and for making ductive use again. The $2 billion invest- of its own to redevelop the building. this legislation a truly bipartisan ef- ment will be included in the Presi- The critical reason that lenders and in- fort. I urge all of my colleagues to join dent’s balanced budget plan and so it vestors look at this area now is be- in supporting the quick passage of this will be paid for. cause the city committed the public in- legislation. The Federal assistance that this pro- vestment to spur private redevelop- I ask unanimous consent that the posal envisions will be concentrated in ment and investment. When local gov- full text of the bill and a section-by- neighborhoods with the most severe ernment demonstrates the confidence section analysis be printed in the problems and that are truly in need of to commit public funds, private finan- RECORD. such investment. The bill targets four cial institutions are more likely to fol- There being no objection, the mate- areas. low suit. These types of examples show rial was ordered to be printed in the First, the empowerment zones and how a little investment can go a long RECORD, as follows: enterprise communities across the way and how we can engage the part- S. 235 country. nership between the public and the pri- Be it enacted by the Senate and House of Rep- Second, areas with a poverty rate of vate sector in nonbureaucratic ways in resentatives of the United States of America in 20 percent or more that are near indus- order to spur a result that truly is in Congress assembled, trial or former industrial sites. the public interest. SECTION 1. AMENDMENT OF 1986 CODE. Third, existing EPA brownfields pilot Chicago’s pilot project will success- Except as otherwise expressly provided, areas. The Environmental Protection fully return all the pilot sites to pro- whenever in this Act an amendment or repeal is expressed in terms of an amendment Agency has already designated ductive use for a total of about $850,000 brownfields sites across the country. to, or repeal of, a section or other provision, in public money. This pilot project is a the reference shall be considered to be made Fourth, areas with a population of perfect example of what this legisla- to a section or other provision of the Inter- under 2,000 or more than 75 percent of tion can accomplish on a national nal Revenue Code of 1986. which is zoned for industrial or com- level. But in order to make it happen, TITLE I—ADDITIONAL EMPOWERMENT mercial use. cooperation is the key. Effective strat- ZONES So this is not just a big-city solution. egies require strong partnerships SEC. 101. ADDITIONAL EMPOWERMENT ZONES. This is something that will affect the among government, industry, orga- (a) IN GENERAL.—Paragraph (2) of section cities, the suburbs, and the rural areas nized labor, community groups, devel- 1391(b) (relating to designations of empower- as well in providing an incentive to re- opers, environmentalists, and fin- ment zones and enterprise communities) is claim these environmentally chal- anciers, who all realize that when their amended— lenged areas of our country. (1) by striking ‘‘9’’ and inserting ‘‘11’’, efforts are aligned, when we work to- (2) by striking ‘‘6’’ and inserting ‘‘8’’, and In my hometown, in Chicago, Mayor gether, progress is made easier. Daley has taken the initiative to estab- (3) by striking ‘‘750,000’’ and inserting The second component of this legisla- ‘‘1,000,000’’. lish a brownfields pilot program which tion is the establishment of 20 more (b) EFFECTIVE DATE.—The amendments has made public investment leverage empowerment zones and 80 additional made by this section shall take effect on the substantial private investment dollars. enterprise communities. They will re- date of the enactment of this Act, except One of these projects is known as the ceive a variety of tools for redevelop- that designations of new empowerment zones Scott Peterson Meats Co., in Chicago. ment from the Government. made pursuant to such amendments shall be The site had been tax delinquent for First, they receive a package of tax made during the 180-day period beginning on the date of the enactment of this Act. several years when Scott Peterson incentives and flexible grants available Meats and the city began to work to- over a 10-year period. TITLE II—NEW EMPOWERMENT ZONES gether. The city conducted an assess- Second, they receive priority consid- AND ENTERPRISE COMMUNITIES ment of potential hazards that were eration for other Federal empowerment SEC. 201. DESIGNATION OF ADDITIONAL EM- POWERMENT ZONES AND ENTER- identified and which included asbestos- programs. PRISE COMMUNITIES. containing materials, lead-based Third, they receive assistance in re- (a) IN GENERAL.—Section 1391 (relating to paints, and some 11 underground stor- moving bureaucratic redtape and regu- designation procedure for empowerment age tanks, some of which were filled latory barriers that prevent innovative zones and enterprise communities) is amend- with tar. The city paid for environ- uses of the Federal assistance that ed by adding at the end the following new mental investigation, cleanup, and they have received. subsection: building demolition, which totaled This approach recognizes that a top- ‘‘(g) ADDITIONAL DESIGNATIONS PER- MITTED.— some $250,000 in contractor costs. Due down, big Government solution does ‘‘(1) IN GENERAL.—In addition to the areas to the city’s investment, however, the not work in these times and what we designated under subsection (a)— company, Scott Peterson Meats, then have to do is enhance public-private ‘‘(A) ENTERPRISE COMMUNITIES.—The appro- turned around and invested an addi- partnerships and the involvement and priate Secretaries may designate in the ag- tional $5.2 million in a new smoke- engagement of all sectors in order to gregate an additional 80 nominated areas as house on its existing property, and it bring about again the public policy re- enterprise communities under this section, has hired over 100 additional employees sult that we are all desirous of seeing. subject to the availability of eligible nomi- to date. So with the win-win of envi- Economic empowerment can be nated areas. Of that number, not more than achieved, but it is best done, I believe, 50 may be designated in urban areas and not ronmental cleanup and urban reclama- more than 30 may be designated in rural tion we also have job creation coming through these public-private partner- areas. out of this legislative initiative. ships. Economic revitalization in this ‘‘(B) EMPOWERMENT ZONES.—The appro- Another example of a successful pub- Nation’s most distressed communities priate Secretaries may designate in the ag- lic-private partnership pulling people is essential to the growth of our entire gregate an additional 20 nominated areas as together to clean up a brownfields site country. With the concept of team ef- empowerment zones under this section, sub- is the Madison Equipment site located fort, we can rebuild cities by stimu- ject to the availability of eligible nominated in Illinois. This abandoned industrial lating investments and creating jobs. areas. Of that number, not more than 15 may building was a neighborhood eyesore. Environmental protection used in this be designated in urban areas and not more than 5 may be designated in rural areas. Scavengers had stolen most of the wir- way can and will be good business. It is ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE.—A ing and plumbing, and illegal or what also good policy. With this legislation, designation may be made under this sub- is called midnight dumping of trash we will begin the effort to restore eco- section after the date of the enactment of and debris was rampant. Madison nomic growth back into our country’s this subsection and before January 1, 1999.

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‘‘(3) MODIFICATIONS TO ELIGIBILITY CRI- credit) is amended by adding at the end the (b) EFFECTIVE DATE.—The amendment TERIA, ETC.— following new subsection: made by this section shall apply to obliga- ‘‘(A) POVERTY RATE REQUIREMENT.— ‘‘(e) CREDIT NOT TO APPLY TO EMPOWER- tions issued after the date of the enactment ‘‘(i) IN GENERAL.—A nominated area shall MENT ZONES DESIGNATED UNDER SECTION of this Act. be eligible for designation under this sub- 1391(g).—This section shall be applied with- SEC. 203. MODIFICATIONS TO ENTERPRISE ZONE section only if the poverty rate for each pop- out regard to any empowerment zone des- FACILITY BOND RULES FOR ALL EM- ulation census tract within the nominated ignated under section 1391(g).’’ POWERMENT ZONES AND ENTER- area is not less than 20 percent and the pov- (c) INCREASED EXPENSING UNDER SECTION PRISE COMMUNITIES. (a) MODIFICATIONS RELATING TO ENTERPRISE erty rate for at least 90 percent of the popu- 179 NOT TO APPLY IN DEVELOPABLE SITES.— ZONE BUSINESS.—Paragraph (3) of section lation census tracts within the nominated Section 1397A (relating to increase in expens- 1394(b) (defining enterprise zone business) is area is not less than 25 percent. ing under section 179) is amended by adding amended to read as follows: ‘‘(ii) TREATMENT OF CENSUS TRACTS WITH at the end the following new subsection: ‘‘(3) ENTERPRISE ZONE BUSINESS.— SMALL POPULATIONS.—A population census ‘‘(c) LIMITATION.—For purposes of this sec- ‘‘(A) IN GENERAL.—Except as modified in tract with a population of less than 2,000 tion, qualified zone property shall not in- this paragraph, the term ‘enterprise zone shall be treated as having a poverty rate of clude any property substantially all of the use of which is in any parcel described in sec- business’ has the meaning given such term not less than 25 percent if— by section 1397B. ‘‘(I) more than 75 percent of such tract is tion 1391(g)(3)(A)(iii).’’ (d) CONFORMING AMENDMENTS.— ‘‘(B) MODIFICATIONS.—In applying section zoned for commercial or industrial use, and 1397B for purposes of this section— ‘‘(II) such tract is contiguous to 1 or more (1) Subsections (e) and (f) of section 1391 ‘‘(i) BUSINESSES IN ENTERPRISE COMMU- other population census tracts which have a are each amended by striking ‘‘subsection (a)’’ and inserting ‘‘this section’’. NITIES ELIGIBLE.—References in section 1397B poverty rate of not less than 25 percent (de- to empowerment zones shall be treated as in- termined without regard to this clause). (2) Section 1391(c) is amended by striking ‘‘this section’’ and inserting ‘‘subsection cluding references to enterprise commu- ‘‘(iii) EXCEPTION FOR DEVELOPABLE SITES.— nities. Clause (i) shall not apply to up to 3 non- (a)’’. ‘‘(ii) WAIVER OF REQUIREMENTS DURING contiguous parcels in a nominated area SEC. 202. VOLUME CAP NOT TO APPLY TO ENTER- STARTUP PERIOD.—A business shall not fail to which may be developed for commercial or PRISE ZONE FACILITY BONDS WITH RESPECT TO NEW EMPOWERMENT be treated as an enterprise zone business industrial purposes. The aggregate area of ZONES. during the startup period if— noncontiguous parcels to which the pre- (a) IN GENERAL.—Section 1394 (relating to ‘‘(I) as of the beginning of the startup pe- ceding sentence applies with respect to any tax-exempt enterprise zone facility bonds) is riod, it is reasonably expected that such nominated area shall not exceed 1,000 acres amended by adding at the end the following business will be an enterprise zone business (2,000 acres in the case of an empowerment new subsection: (as defined in section 1397B as modified by zone). ‘‘(f) BONDS FOR EMPOWERMENT ZONES DES- this paragraph) at the end of such period, ‘‘(iv) CERTAIN PROVISIONS NOT TO APPLY.— IGNATED UNDER SECTION 1391(g).— and Section 1392(a)(4) (and so much of paragraphs ‘‘(1) IN GENERAL.—In the case of a new em- ‘‘(II) such business makes bona fide efforts (1) and (2) of section 1392(b) as relate to sec- powerment zone facility bond— to be such a business. tion 1392(a)(4)) shall not apply to an area ‘‘(A) such bond shall not be treated as a ‘‘(iii) REDUCED REQUIREMENTS AFTER TEST- nominated for designation under this sub- private activity bond for purposes of section ING PERIOD.—A business shall not fail to be section. 146, and treated as an enterprise zone business for ‘‘(v) SPECIAL RULE FOR RURAL EMPOWER- ‘‘(B) subsection (c) of this section shall not any taxable year beginning after the testing MENT ZONES AND ENTERPRISE COMMUNITIES.— apply. period by reason of failing to meet any re- The Secretary of Agriculture may designate ‘‘(2) LIMITATION ON AMOUNT OF BONDS.— quirement of subsection (b) or (c) of section not more than 1 empowerment zone, and not ‘‘(A) IN GENERAL.—Paragraph (1) shall 1397B if at least 35 percent of the employees more than 5 enterprise communities, in rural apply to a new empowerment zone facility of such business for such year are residents areas without regard to clause (i) if such bond only if such bond is designated for pur- of an empowerment zone or an enterprise areas satisfy emigration criteria specified by poses of this subsection by the local govern- community. The preceding sentence shall the Secretary of Agriculture. ment which nominated the area to which not apply to any business which is not a ‘‘(B) SIZE LIMITATION.— such bond relates. qualified business by reason of paragraph (1), ‘‘(i) IN GENERAL.—The parcels described in ‘‘(B) LIMITATION ON BONDS DESIGNATED.— (4), or (5) of section 1397B(d). subparagraph (A)(iii) shall not be taken into The aggregate face amount of bonds which ‘‘(C) DEFINITIONS RELATING TO SUBPARA- account in determining whether the require- may be designated under subparagraph (A) GRAPH (B).—For purposes of subparagraph ment of subparagraph (A) or (B) of section with respect to any empowerment zone shall (B)— 1392(a)(3) is met. not exceed— ‘‘(i) STARTUP PERIOD.—The term ‘startup ‘‘(ii) SPECIAL RULE FOR RURAL AREAS.—If a ‘‘(i) $60,000,000 if such zone is in a rural period’ means, with respect to any property population census tract (or equivalent divi- area, being provided for any business, the period sion under section 1392(b)(4)) in a rural area ‘‘(ii) $130,000,000 if such zone is in an urban before the first taxable year beginning more exceeds 1,000 square miles or includes a sub- area and the zone has a population of less than 2 years after the later of— stantial amount of land owned by the Fed- than 100,000, and ‘‘(I) the date of issuance of the issue pro- eral, State, or local government, the nomi- ‘‘(iii) $230,000,000 if such zone is in an urban viding such property, or nated area may exclude such excess square area and the zone has a population of at ‘‘(II) the date such property is first placed mileage or governmentally owned land and least 100,000. in service after such issuance (or, if earlier, the exclusion of that area will not be treated ‘‘(C) SPECIAL RULES.— the date which is 3 years after the date de- as violating the continuous boundary re- ‘‘(i) COORDINATION WITH LIMITATION IN SUB- scribed in subclause (I)). quirement of section 1392(a)(3)(B). SECTION (c).—Bonds to which paragraph (1) ‘‘(ii) TESTING PERIOD.—The term ‘testing ‘‘(C) AGGREGATE POPULATION LIMITATION.— applies shall not be taken into account in ap- period’ means the first 3 taxable years begin- The aggregate population limitation under plying the limitation of subsection (c) to ning after the startup period. the last sentence of subsection (b)(2) shall other bonds. ‘‘(D) PORTIONS OF BUSINESS MAY BE ENTER- not apply to a designation under paragraph ‘‘(ii) CURRENT REFUNDING NOT TAKEN INTO PRISE ZONE BUSINESS.—The term ‘enterprise (1)(B). ACCOUNT.—In the case of a refunding (or se- zone business’ includes any trades or busi- ‘‘(D) PREVIOUSLY DESIGNATED ENTERPRISE ries of refundings) of a bond designated nesses which would qualify as an enterprise COMMUNITIES MAY BE INCLUDED.—Subsection under this paragraph, the refunding obliga- zone business (determined after the modi- (e)(5) shall not apply to any enterprise com- tion shall be treated as designated under this fications of subparagraph (B)) if such trades munity designated under subsection (a) that paragraph (and shall not be taken into ac- or businesses were separately incorporated.’’ is also nominated for designation under this count in applying subparagraph (B)) if— (b) MODIFICATIONS RELATING TO QUALIFIED subsection. ‘‘(I) the amount of the refunding bond does ZONE PROPERTY.—Paragraph (2) of section ‘‘(E) INDIAN RESERVATIONS MAY BE NOMI- not exceed the outstanding amount of the re- 1394(b) (defining qualified zone property) is NATED.— funded bond, and amended to read as follows: ‘‘(i) IN GENERAL.—Section 1393(a)(4) shall ‘‘(II) the refunded bond is redeemed not ‘‘(2) QUALIFIED ZONE PROPERTY.—The term not apply to an area nominated for designa- later than 90 days after the date of issuance ‘qualified zone property’ has the meaning tion under this subsection. of the refunding bond. given such term by section 1397C; except ‘‘(ii) SPECIAL RULE.—An area in an Indian ‘‘(3) NEW EMPOWERMENT ZONE FACILITY that— reservation shall be treated as nominated by BOND.—For purposes of this subsection, the ‘‘(A) the references to empowerment zones a State and a local government if it is nomi- term ‘new empowerment zone facility bond’ shall be treated as including references to nated by the reservation governing body (as means any bond which would be described in enterprise communities, and determined by the Secretary of Interior).’’ subsection (a) if only empowerment zones ‘‘(B) section 1397C(a)(2) shall be applied by (b) EMPLOYMENT CREDIT NOT TO APPLY TO designated under section 1391(g) were taken substituting ‘an amount equal to 15 percent NEW EMPOWERMENT ZONES.—Section 1396 (re- into account under sections 1397B and of the adjusted basis’ for ‘an amount equal to lating to empowerment zone employment 1397C.’’ the adjusted basis’.’’

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(c) EFFECTIVE DATE.—The amendments ‘‘(B) which is paid or incurred in connec- ‘‘(d) HAZARDOUS SUBSTANCE.—For purposes made by this section shall apply to obligation with the abatement or control of haz- of this section— tions issued after the date of the enactment ardous substances at a qualified contami- ‘‘(1) IN GENERAL.—The term ‘hazardous sub- of this Act. nated site. stance’ means— SEC. 204. MODIFICATIONS TO ENTERPRISE ZONE ‘‘(2) SPECIAL RULE FOR EXPENDITURES FOR ‘‘(A) any substance which is a hazardous BUSINESS DEFINITION FOR ALL EM- DEPRECIABLE PROPERTY.—Such term shall substance as defined in section 101(14) of the POWERMENT ZONES AND ENTER- not include any expenditure for the acquisi- Comprehensive Environmental Response, PRISE COMMUNITIES. tion of property of a character subject to the Compensation, and Liability Act of 1980, and (a) IN GENERAL.—Section 1397B (defining allowance for depreciation which is used in ‘‘(B) any substance which is designated as enterprise zone business) is amended— connection with the abatement or control of a hazardous substance under section 102 of (1) by striking ‘‘80 percent’’ in subsections hazardous substances at a qualified contami- such Act. (b)(2) and (c)(1) and inserting ‘‘50 percent’’, nated site; except that the portion of the al- ‘‘(2) EXCEPTION.—Such term shall not in- (2) by striking ‘‘substantially all’’ each lowance under section 167 for such property clude any substance with respect to which a place it appears in subsections (b) and (c) and which is otherwise allocated to such site removal or remedial action is not permitted inserting ‘‘a substantial portion’’, shall be treated as a qualified environmental under section 104 of such Act by reason of (3) by striking ‘‘, and exclusively related remediation expenditure. subsection (a)(3) thereof. to,’’ in subsections (b)(4) and (c)(3), ‘‘(e) DEDUCTION RECAPTURED AS ORDINARY (4) by adding at the end of subsection (d)(2) ‘‘(c) QUALIFIED CONTAMINATED SITE.—For INCOME ON SALE, ETC.—Solely for purposes of the following new flush sentence: purposes of this section— section 1245, in the case of property to which ‘‘For purposes of subparagraph (B), the lessor ‘‘(1) QUALIFIED CONTAMINATED SITE.— a qualified environmental remediation ex- of the property may rely on a lessee’s certifi- ‘‘(A) IN GENERAL.—The term ‘qualified con- penditure would have been capitalized but cation that such lessee is an enterprise zone taminated site’ means any area— for this section— business.’’, ‘‘(i) which is held by the taxpayer for use ‘‘(1) the deduction allowed by this section (5) by striking ‘‘substantially all’’ in sub- in a trade or business or for the production for such expenditure shall be treated as a de- section (d)(3) and inserting ‘‘at least 50 per- of income, or which is property described in duction for depreciation, and cent’’, and section 1221(1) in the hands of the taxpayer, ‘‘(2) such property (if not otherwise section (6) by adding at the end the following new ‘‘(ii) which is within a targeted area, and 1245 property) shall be treated as section 1245 subsection: ‘‘(iii) which contains (or potentially con- property solely for purposes of applying sec- ‘‘(f) TREATMENT OF BUSINESSES STRADDLING tains) any hazardous substance. tion 1245 to such deduction. CENSUS TRACT LINES.—For purposes of this ‘‘(B) TAXPAYER MUST RECEIVE STATEMENT section, if— FROM STATE ENVIRONMENTAL AGENCY.—An ‘‘(f) COORDINATION WITH OTHER PROVI- ‘‘(1) a business entity or proprietorship area shall be treated as a qualified contami- SIONS.—Sections 280B and 468 shall not apply uses real property located within an em- nated site with respect to expenditures paid to amounts which are treated as expenses powerment zone, or incurred during any taxable year only if under this section. ‘‘(2) the business entity or proprietorship the taxpayer receives a statement from the ‘‘(g) REGULATIONS.—The Secretary shall also uses real property located outside the appropriate agency of the State in which prescribe such regulations as may be nec- empowerment zone, such area is located that such area meets the essary or appropriate to carry out the pur- ‘‘(3) the amount of real property described requirements of clauses (ii) and (iii) of sub- poses of this section.’’ in paragraph (1) is substantial compared to paragraph (A). (b) CLERICAL AMENDMENT.—The table of the amount of real property described in ‘‘(C) APPROPRIATE STATE AGENCY.— For sections for part VI of subchapter B of chap- paragraph (2), and purposes of subparagraph (B), the appro- ter 1 is amended by adding at the end the fol- ‘‘(4) the real property described in para- priate agency of a State is the agency des- lowing new item: graph (2) is contiguous to part or all of the ignated by the Administrator of the Environ- ‘‘Sec. 198. Expensing of environmental reme- real property described in paragraph (1), mental Protection Agency for purposes of diation costs.’’ then all the services performed by employ- this section. If no agency of a State is des- (c) EFFECTIVE DATE.—The amendments ees, all business activities, all tangible prop- ignated under the preceding sentence, the made by this section shall apply to expendi- erty, and all intangible property of the busi- appropriate agency for such State shall be tures paid or incurred after the date of the ness entity or proprietorship that occur in or the Environmental Protection Agency. enactment of this Act, in taxable years end- is located on the real property described in ‘‘(2) TARGETED AREA.— ing after such date. paragraphs (1) and (2) shall be treated as oc- ‘‘(A) IN GENERAL.—The term ‘targeted area’ curring or situated in an empowerment means— zone.’’ ‘‘(i) any population census tract with a SECTION-BY-SECTION ANALYSIS (b) EFFECTIVE DATES.— poverty rate of not less than 20 percent, TITLE I—ADDITIONAL EMPOWERMENT ZONES (1) IN GENERAL.—The amendments made by ‘‘(ii) a population census tract with a popu- Section 101 would authorize the designa- this section shall apply to taxable years be- lation of less than 2,000 if— tion of an additional two urban empower- ginning on or after the date of the enact- ‘‘(I) more than 75 percent of such tract is ment zones under the 1994 first round. ment of this Act. zoned for commercial or industrial use, and TITLE II—NEW EMPOWERMENT ZONES AND (2) SPECIAL RULE FOR ENTERPRISE ZONE FA- ‘‘(II) such tract is contiguous to 1 or more ENTERPRISE COMMUNITIES CILITY BONDS.—For purposes of section other population census tracts which meet 1394(b) of the Internal Revenue Code of 1986, the requirement of clause (i) without regard Section 201 authorizes a second round of the amendments made by this section shall to this clause, designations, consisting of 80 enterprise com- apply to obligations issued after the date of ‘‘(iii) any empowerment zone or enterprise munities and 20 empowerment zones. Of the the enactment of this Act. community (and any supplemental zone des- 80 enterprise communities, 50 would be in TITLE III—EXPENSING OF ignated on December 21, 1994), and urban areas and 30 would be in rural areas. ENVIRONMENTAL REMEDIATION COSTS ‘‘(iv) any site announced before February 1, Of the 20 empowerment zones, 15 would be in 1997, as being included as a brownfields pilot urban areas and 5 would be in rural areas. SEC. 301. EXPENSING OF ENVIRONMENTAL REME- DIATION COSTS. project of the Environmental Protection The designations would be made before Janu- (a) IN GENERAL.—Part VI of subchapter B Agency. ary 1, 1999. of chapter 1 is amended by adding at the end ‘‘(B) NATIONAL PRIORITIES LISTED SITES NOT Certain of the eligibility criteria applica- the following new section: INCLUDED.—Such term shall not include any ble in the first round would be modified for ‘‘SEC. 198. EXPENSING OF ENVIRONMENTAL RE- site which is on the national priorities list the second round of designations. First, the MEDIATION COSTS. under section 105(a)(8)(B) of the Comprehen- poverty criteria would be relaxed somewhat, ‘‘(a) IN GENERAL.—A taxpayer may elect to sive Environmental Response, Compensa- so that unlike the first round there would be treat any qualified environmental remedi- tion, and Liability Act of 1980 (as in effect on no requirement that at least 50 percent of ation expenditure which is paid or incurred the date of the enactment of this section). the population census tracts have a poverty by the taxpayer as an expense which is not ‘‘(C) CERTAIN RULES TO APPLY.—For pur- rate of 35 percent or more. In addition, the chargeable to capital account. Any expendi- poses of this paragraph, the rules of sections poverty criteria will not be applicable to ture which is so treated shall be allowed as 1392(b)(4) and 1393(a)(9) shall apply. areas specified in the application as develop- a deduction for the taxable year in which it ‘‘(D) TREATMENT OF CERTAIN SITES.—For able for commercial or industrial purposes is paid or incurred. purposes of this paragraph, a single contami- (1,000 acres in the case of an enterprise com- ‘‘(b) QUALIFIED ENVIRONMENTAL REMEDI- nated site shall be treated as within a tar- munity, 2,000 acres in the case of an em- ATION EXPENDITURE.—For purposes of this geted area if— powerment zone), and these areas will not be section— ‘‘(i) a substantial portion of the site is lo- taken into account in applying the size limi- ‘‘(1) IN GENERAL.—The term ‘qualified envi- cated within a targeted area described in tations (e.g., 20 square miles for urban areas, ronmental remediation expenditure’ means subparagraph (A) (determined without re- 1,000 square miles for rural areas). The Sec- any expenditure— gard to this subparagraph), and retary of Agriculture will be authorized to ‘‘(A) which is otherwise chargeable to cap- ‘‘(ii) the remaining portions are contiguous designate up to one rural empowerment ital account, and to, but outside, such targeted area. zones and five rural enterprise communities

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S860 CONGRESSIONAL RECORD — SENATE January 30, 1997 based on specified emigration criteria with- expenses for use in a trade or business or for development of once abandoned, unpro- out regard to the minimum poverty rates set the production of income, or if the property ductive sites that will bring real eco- forth in the statute. Rural census tracts in is of a kind properly included in the inven- nomic benefits to urban distressed and excess of 1,000 square miles or including a tory of the taxpayer. The geographic require- rural areas across the United States. substantial amount of governmentally ment would be satisfied if the property is lo- owned land may exclude such excess mileage cated in (i) any census tract that has a pov- By encouraging redevelopment, jobs or governmentally owned land from the nom- erty rate of 20 percent or more, (ii) any other will be created, economic growth will inated area. Unlike the first round, Indian census tract (a) that has a population under continue, property values will increase reservations will be eligible to be nominated 2,000, (b) 75 percent or more of which is zoned as well as local tax revenues. (and the nomination may be submitted by for industrial or commercial use, and (c) that Mr. President, I am proud to say that the reservation governing body without the is contiguous to one or more census tracts in my State of New York, the city of with a poverty rate of 20 percent or more, State government’s participation). The em- Elmira has been selected as a fourth powerment zone employment credit will not (iii) an area designated as a federal EZ or EC be available to businesses in the new em- or (iv) an area subject to one of the 40 EPA round finalist for the EPA’s powerment zones, and the increased expens- Brownfields Pilots announced prior to Feb- Brownfields Economic Redevelopment ing under section 179 will not be available in ruary 1997. Both urban and rural sites may Initiative Demonstration Pilot Pro- the developable acreage areas of empower- qualify. Superfund National Priority listed gram. The city of Elmira has primed an ment zones. sites would be excluded. unsightly and unsafe urban brownfield Section 202 authorizes a new category of The contamination requirement would be and is now in the final stages of turn- tax-exempt financing for businesses in the satisfied if hazardous substances are present or potentially present on the property. Haz- ing it into a revenue- and jobs-pro- new empowerment zones. These bonds, rath- ducing venture. The city of Elmira ini- er than being subject to the current State ardous substances would be defined generally volume caps, will be subject to zone-specific by reference to sections 101(14) and 102 of the tiated this important project with no caps. For each rural empowerment zone, up Comprehensive Environmental Response guarantees of public or private funding to $60 million in such bonds may be issued. Compensation and Liability Act (CERCLA), and has done this at very minimal cost For an urban empowerment zone with a pop- subject to additional limitations applicable to taxpayers. Can you imagine what ulation under 100,000, $130 million of these to asbestos and similar substances within could and would be done if the public bonds may be issued. For each urban em- buildings, certain naturally occurring sub- and private sector had the encourage- stances such as radon, and certain other sub- powerment zone with a population of 100,000 ment to also become involved? or more, $230 million of these bonds may be stances released into drinking water supplies issued. due to deterioration through ordinary use. Mr. President, I urge my colleagues Section 203 liberalizes the current defini- To claim the deduction under this provi- on both sides of the aisle to join us in tion of an ‘‘enterprise zone business’’ for pur- sions, the taxpayer would be required to ob- cosponsoring this important legisla- poses of the tax-exempt financing available tain a statement that the site satisfies the tion.∑ under both the first and second rounds. Busi- geographic and contamination requirements ∑ Mr. JEFFORDS. Mr. President, I am from a State environmental agency des- nesses will be treated as satisfying the appli- pleased to join with Senators MOSELEY- cable requirements during a 2-year start-up ignated by the Environmental Protection BRAUN, D’AMATO, ABRAHAM, and LIE- period if it is reasonably expected that the Agency for such purposes or, if no such agen- business will satisfy those requirements by cy has been designated by the EPA, by the BERMAN in sponsoring the Community the end of the start-up period and the busi- EPA itself. Empowerment Act of 1997, which will ness makes bona fide efforts to that end. Fol- This deduction would be subject to recap- encourage the cleanup of abandoned in- lowing the start-up period a 3-year testing ture under current-law section 1245. Thus, dustrial sites known as brownfields in period will begin, after which certain enter- any gain realized on disposition generally Vermont and across the country. prise zone business requirements will no would be treated as ordinary income, rather than capital gain, up to the amount of de- The term ‘‘brownfields’’ refers to longer be applicable (as long as more than 35 contaminated industrial sites. Most of percent of the business’ employees are resi- ductions taken with respect to the property. dents of the empowerment zone or enterprise ∑ Mr. D’AMATO. Mr. President, I join these sites were abandoned during the community). The rules under which substan- my colleagues, Senators MOSELEY- 1970’s and 1980’s, as industrial develop- tially renovated property may be ‘‘qualified BRAUN, ABRAHAM, JEFFORDS, DASCHLE, ment migrated away from urban areas zone property,’’ and thereby be eligible to be LIEBERMAN, and MURRAY, in intro- to the greener landscape of the sub- financed with tax-exempt bonds, would also ducing legislation that will provide a urbs. One such site in Vermont is the be liberalized slightly. Holden-Leonard Mill, a 20-building Section 204 liberalizes the definition of en- new tax incentive to encourage the private sector to clean up thousands of complex in Bennington, VT, that is terprise business for purposes of both the poised to become a brownfields success tax-exempt financing provisions and the ad- contaminated, abandoned sites known ditional section 179 expensing by reducing as brownfields. Brownfield sites are story after 10 years of work. from 80 percent to 50 percent the amount of abandoned or vacant commercial and Once employing one-quarter of total gross income that must be derived industrial properties suspected of being Bennington’s work force, the mill shut within the empowerment zone or enterprise environmentally contaminated. down in 1939 and then was owned by a community, by reducing how much of the Under current law, the IRS has deter- patchwork of owners until the 1980’s. business’ property and employees’ services mined that costs incurred to clean up After soil tests disclosed high levels of must be located in or provided within the pollutants, the mill sat empty after zone or community, and by easing the re- land and ground water are deductible strictions governing when rental businesses as business expenses, as long as the 1986. Fortunately, a buyer of the site will qualify as enterprise zone businesses. A costs are incurred by the same tax- came forward in 1992 and with coopera- special rule is also provided to clarify how a payer that contaminated the land, and tion between the business, State agen- business that straddles the boundary of an that taxpayer plans to use the land cies, and the EPA the mill has been re- empowerment zone or enterprise community after the cleanup for the same purposes furbished and over 200 new employees (e.g., by straddling a population census tract used prior to the cleanup. That means have been hired. The process, however, boundary) is treated for purposes of the en- that new owners who wish to use land of revitalizing this site began in 1986 terprise zone business definition. suspected of environmental contamina- and is still going on. TITLE III—EXPENSING OF ENVIRONMENTAL tion for a new purpose, would be pre- Our aim with this legislation is to REMEDIATION COSTS cluded from deducting the costs of provide tax incentives to businesses Section 301 would provide a current deduc- willing to clean up and redevelop tion for certain remediation costs incurred cleanup in the year incurred. They with respect to qualified sites. Generally, would only be allowed to capitalize the brownfields sites so that more these expenses would be limited to those costs and depreciate them over time. brownfield sites can be returned to pro- paid or incurred in connection with the Therefore, it is time for us to recognize ductive use and so that the process abatement or control of environmental con- the need for aggressive economic devel- doesn’t have to take 10 years. taminants. This deduction would apply for opment policies for the future eco- Last November, I sponsored a forum alternative minimum tax purposes as well as nomic health of communities around on brownfields redevelopment in Bur- for regular tax purposes. the country, and to recognize the in- lington, VT. There is only one Qualified sites would be limited to those properties that satisfy use, geographic, and equity of current tax law. My col- unpolluted site in Burlington available contamination requirements. The use re- leagues and I believe that our legisla- for industrial development. Yet there quirement would be satisfied if the property tion is the type of initiative the Fed- are currently 17 brownfields sites in is held by the taxpayer incurring the eligible eral Government needs to encourage the city, all with great potential for

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S861 development. I toured several of these these brownfield sites can pose for a For example, a survey of Toledo, OH sites and saw this potential first hand. community. In her soon to be released businesses found that environmental Burlington is both an EPA brownfields study of various brownfields sites, concerns were affecting 62 percent of pilot city and an enterprise commu- Edith M. Pepper of the Northeast-Mid- the area’s commercial and industrial nity. Under our legislation, businesses west Institute included the Bryant real estate transactions. These effects that acquire these sites would be able Electric Plant in Bridgeport, CT, as are all but universally negative in to claim tax deductions for their envi- one of her case studies. As she notes, terms of job creation and economic de- ronmental cleanup costs. With tax in- the Bryant Electric Plant shut down in velopment. centives for brownfields redevelop- 1988 after 90 years of operating in Another example: Construction of a ment, I am hoping that we will see Bridgeport’s west end. It is no secret $3 million lumber treatment plant in more of these abandoned sites returned that Bridgeport is in difficult shape Hammond, IN, was abandoned after low to productive use. economically. Closing this 500,000 levels of contamination were found at We treasure our open spaces in square foot facility did nothing to help the proposed site. The developer con- Vermont, and we are looking at ways that situation. cluded that uncertain costs and poten- to give incentives to companies to in- However, as Ms. Pepper notes in her tial liabilities outweighed the site’s vest in our downtowns. When a com- case study of this brownfields site, it benefits. pany builds a facility on a brownfield appears that hope is on the way. A non- The city of Hammond lost construc- site it takes advantage of existing in- profit development group, the West tion jobs, 75 full-time lumber plant frastructure. the revitalization of a End Community Development Corp. jobs, and any reasonable prospect that brownfield site means one less farm or [CDC] is working to form a large busi- a developer would assume the risk of field is paved over or forest cut down ness park on and around the Bryant developing property anywhere on the 20 for the sake of a new plant or facility. site. Over $15 million has already been acre site. I urge my colleagues to join us in invested in the site, including a signifi- In Flint, the former site of Thrall Oil supporting this bill.∑ cant amount for cleanup. According to Co., now sits vacant. Economic devel- ∑ Mr. LIEBERMAN. Mr. President, I city officials, the developer plans to opment officials believe this property am delighted to join this distinguished create 300–400 new jobs and invest $20– should attract future manufacturing group of Senators in introducing legis- development. Unfortunately, because lation to provide tax incentives for the 50 million in Bridgeport’s west end. The brownfields bill we are intro- the Michigan Department of Environ- cleanup of brownfields. This legislation ducing today could help in Bridgeport. mental Quality has labeled it ‘‘con- will provide a powerful incentive to Undoubtedly it could help in places taminated,’’ developers cannot be clean-up these sites. And that clean up like New Haven and Hartford as well. found. will be followed by more jobs and more The bill we are introducing today ex- For decades now, Mr. President, the economic growth in areas that very pands upon a bill that Senator ABRA- Federal Government has tried, with lit- much need both of those things. I am HAM and I introduced in the last Con- tle success, to revitalize economically encouraged by the broad, bipartisan gress, S. 1542. That bill limited these distressed areas. The blight remains. support both here in the Congress and cleanup incentives to the 104 empower- Urban renewal and various welfare pro- in the administration and in the envi- ment zones and enterprise commu- grams too often have only made things ronmental community and in the busi- nities that exist in 42 States across the worse by spawning dependency on gov- ness community, to provide tax incen- country. I am delighted by today’s ef- ernment help. Environmental laws tives to get these sites cleaned up. have fared little better. Intended to Brownfield sites are abandoned comfort to expand on the number of re- mercial and industrial properties that gions and sites that will be covered in force cleanup of contaminated sites, are environmentally contaminated. De- the brownfields legislation and I urge these laws instead have scared away velopers and lenders avoid these sites my colleagues to join us in cospon- potential investors with potentially ∑ both for liability reasons and because soring this important legislation. unlimited liability, including liability ∑ the tax incentives for cleaning up these Mr. ABRAHAM. Mr. President, I join for contamination the investors did not sites is so limited. The result is an Senator MOSELEY-BRAUN, Senator JEF- cause or even know about. urban landscape littered with vacant FORDS, Senator LIEBERMAN, Senator Environmental regulations and li- and abandoned properties—properties D’AMATO, and others in introducing the ability established under the Federal which invite crime, depress sur- Community Empowerment Act of 1997. Superfund Program along with various rounding housing and commercial This legislation builds upon the legis- other Federal and State environmental prices, and hinder economic growth in lation Senator LIEBERMAN and I intro- rules have helped create thousands of these areas. Additionally, by discour- duced last Congress, as well as the these brownfield properties in the aging the clean-up of brownfields, we similar legislation introduced by Sen- United States. These are industrial or are encouraging the development of un- ators MOSELEY-BRAUN, D’AMATO, and commercial sites suspected of being in developed areas known as greenfields. JEFFORDS. some way environmentally contami- This bill is simple: it allows tax- Having now joined forces for the new nated. Although not serious threats to payers who purchase contaminated Congress, the Moseley-Braun-Abraham public health and safety, these prop- properties to deduct the costs of clean- legislation will provide tax incentives erties have become unavailable for eco- ing up brownfields in the year that for the environmental cleanup of nomic use, because legal rules make cleanup expenses occur. This tax incen- brownfields located in economically them too financially risky for invest- tive would apply to existing and future distressed areas. There are between ment and job creation. empowerment zones and enterprise 100,000 and 300,000 of these sites across Potential liability scares businesses communities, in areas with a poverty the country, Mr. President, and they and investors away from these sites, rate of 20 percent or more and in adja- are a blight on both the landscape and creating permanently abandoned cent industrial and commercial areas the economy of our communities. blights on the urban and rural land- and in existing brownfields pilot areas I am sponsoring this legislation be- scape. Investors are afraid of being as designated by the Environmental cause, in my view, too many of our dragged into multimillion-dollar litiga- Protection Agency. Currently, a tax- troubled cities, towns, and rural areas tion and cleanup over contamination payer who buys a contaminated prop- have both environmental and economic they did not cause. Worse, investors erty and cleans it up must spread the problems. These problems conspire to willing to shoulder the liability of a po- costs of that cleanup over time. We ex- produce an endless cycle of impoverish- tential environmental cleanup find pect the cost of this bill to be about $2 ment. Contaminated sites are aban- that they cannot write off the cost of billion over 7 years. The administra- doned and new companies refuse to environmental remediation of tion has estimated that this proposal take over the property for fear of envi- brownfields. Instead these costs must may bring as many as 30,000 brownfield ronmental lawsuits from government be spread over a number of years. Thus, sites back to productive use. and/or private parties. As a result, con- the Tax Code and environmental laws In Connecticut, my home State, we tamination and joblessness continue combine to scare away potential know first hand about the problems and even get worse. sources of investment and growth,

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S862 CONGRESSIONAL RECORD — SENATE January 30, 1997 often from our most economically dis- debate. The basic question has always this very bill last September. During tressed areas. remained the same: Why should we ex- the hearing, we received testimony To help both our economy and our pend taxpayer dollars on this Cabinet- from such distinguished witnesses as environment, the Moseley-Braun-Abra- level agency? And today, we ask the the Former Assistant Energy Sec- ham legislation would target tax bene- same question. retary Shelby Brewer and the Former fits at brownfields in economically dis- Following a year’s worth of discus- Defense Secretary Caspar Weinberger tressed areas to encourage cleanup and sions on the blueprint I am putting in support of the proposal. Having ei- job creation. We would allow investors forth, much progress has been made. ther directly run these programs, or rein brownfields to expense their cleanup When the 104th Congress began to tack- lied upon them, they provided strong costs immediately—without having to le this issue, we looked at three main firsthand evidence as to the detriment split these costs up over a number of issues. First, we examined the fact that of leaving things as they are. years. This will have three positive ef- the Department of Energy no longer The committee also received testi- fects. has a mission—which is clearly re- mony from the current Acting Sec- First, these incentives will help our flected by the fact that nearly 85 per- retary and then-Assistant Energy Sec- communities. By encouraging redevel- cent of its budget is expended upon retary, Charlie Curtis, who testified in opment of abandoned, unproductive nonenergy programs. Next, we studied support of improving the delivery of sites, these tax incentives will reinvig- those programs charged to the DOE the Department’s missions, at lower orate economic growth in distressed and reviewed its ability to meet the re- cost, for the benefit of the American communities across the country. They lated job requirements. And finally, we people. His testimony focused upon will provide economic opportunity looked at the DOE’s bloated budget in how the DOE was working to improve rather than government dependence by light of the first two criterion—deter- its efforts to fulfill various missions, encouraging investment and entrepre- mining whether the taxpayers should and how changing horses midstream neurship where it is most needed. be forced to expend over $16 billion an- would derail the DOE’s efforts. In his Second, this legislation will help the nually on this hodge-podge collection. remarks, Mr. Curtis dismissed the DOE environment. These tax incentives will Nearly a year later, this Nation con- Abolishment Act because the DOE did significantly improve our ability to tinues to grow increasingly dependent not believe it appropriate to entertain clean up environmentally contami- upon foreign oil—in total contrast to matters of this moment and com- nated sites. The legacy of existing the DOE’s core mission. Even in light plexity in the context of a bill which cleanup laws is a remarkable lack of of this administration’s focus on alter- has as its proposed objective changing progress. With thousands of sites native energy, the DOE expends less the organizational structure and fate across the country categorized as than one-fifth of its budget on energy- of the Department of Energy. brownfields, we need to start cleaning related programs. And after examining What the DOE fails to recognize is them now, and we need private invest- key DOE mission programs, such as the that the conclusions—to abolish the ment to get the job done. Furthermore, Civilian Nuclear Waste program, it is DOE—arise from an analysis of the De- encouraging brownfields cleanup will clear that the goals of those missions partment’s activities, rather than from save undeveloped land from unneces- are not being met. any antigovernment ideology or mere sary development. For every So we are challenged to either accept desire to reduce government spending, brownfield that is cleaned up and re- the status quo or move to change it. I as pointed out by Dr. Irwin Stelzer of used there will be a green field that re- must admit that the status quo may be the American Enterprise Institute. mains clean and unused. Third, this so- easier in the short-term. But in the Supporters of the DOE Abolishment lution, unlike those attempted in the context of the proverbial big picture, Act have always agreed that there are past, utilizes the private sector to re- we cannot afford to turn our backs. Be- core functions performed by the DOE claim contaminated land and reinvigo- sides the fact that it is the role of Con- which must continue to be done, but rate distressed communities. By en- gress to oversee taxpayer expenditures the DOE has yet to provide a compel- couraging private investment, rather and ensure a fair rate of return on ling argument as to why the DOE itself than attempting to purchase or force their investments, this Nation is faced must continue to exist or successfully cooperation with government man- with a national debt in excess of $5.3 respond to our reasons for its elimi- dates, we can free up private capital trillion. nation. and initiative to do its job of revital- However, gaining consensus on the need for change is easier than effecting But Mr. Curtis’ objections are under- izing these distressed areas. standable when placed in the context of By adopting this approach, the Sen- such change. So, last year I worked with the Senate Task Force on Govern- remarks by Nobel-prize economist, Dr. ate will take a significant step toward Milton Friedman: ‘‘The Department of revitalized, reinvigorated, and renewed ment Agency Elimination to develop a blueprint. Under the direction of the Energy offers an excellent example of a urban and rural zones. With the incen- major difference between private and tives, included in this amendment, former Senate Majority Leader, Sen- ator Dole, I worked with Senators government projects. If a private good jobs and a clean environment will project is a failure, it will be closed go together, to everyone’s benefit. I FAIRCLOTH, ABRAHAM, and STEVENS to study proposals on the DOE. down; if a government project is a fail- thank Senators MOSELEY-BRAUN, ure, it will be expanded. * * * It is in D’AMATO, LIEBERMAN, JEFFORDS, and After months of discussions with experts in the fields of energy and de- the self-interest of the Government of- our other cosponsors for joining me in ficials in charge to keep the project this important effort, and I look for- fense, we introduced legislation—legislation which is the core of the bill I am alive; and they always have the ready ward to seeing meaningful brownfields excuse that the reason for failure was ∑ introducing today. reforms passed this Congress. the lack of sufficient funds.’’ By Mr. GRAMS (for himself, Mr. ABRAHAM, Let me be the first to state that the Mr. ASHCROFT, Mr. FAIRCLOTH, Mr. HUTCH- ideas contained within this bill are not So today, I am joined by my col- INSON, Mr. KYL, Mr. MCCAIN, Mr. STEVENS all of my own. Just as the idea to leagues, Senator ABRAHAM of Michigan, and MR. HAGEL): eliminate the Department of Energy is Senator ASHCROFT of Missouri, Senator S. 236. A bill to abolish the Depart- not a new one—since its creation in FAIRCLOTH of North Carolina, Senator ment of Energy, and for other pur- 1978, experts have been clamoring to HUTCHINSON of Arkansas, Senators KYL poses; to the Committee on Energy and abolish this agency in search of a mis- and MCCAIN of Arizona and Senator Natural Resources. sion. This bill represents the comments STEVENS of Alaska, in reaffirming con- THE DEPARTMENT OF ENERGY ABOLISHMENT and input of many who have worked in gressional intent to change the Depart- ACT these fields for decades, but like all ment of Energy as we know it. Mr. GRAMS. Mr. President, I intro- things—I consider it a work in Under the Department of Energy duce legislation aimed at improving progress. Abolishment Act of 1997, we dismantle government as we know it. The Depart- As many of our colleagues will recall, the patchwork quilt of government ini- ment of Energy Abolishment Act of the Senate Energy and Natural Re- tiatives—reassembling them into agen- 1997 comes after nearly two decades of sources Committee held a hearing on cies better equipped to accomplish

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S863 their basic goals; we refocus and in- in the General Accounting Office’s tive, which boasts unconfirmed savings crease Federal funding toward basic re- [GAO] audit. of $14 billion but no savings in the out- search by eliminating corporate wel- Petroleum reserves are the focus of years. fare; and, we abolish the bloated, dupli- title IV. The Naval Petroleum Reserve In introducing this bill, our goals are cative upper management bureaucracy. is targeted for immediate sale. Any of to build upon the issues raised during First, we begin by eliminating Ener- the reserves that are unable to be dis- last year’s hearing; to hold additional gy’s Cabinet-level status and establish posed of within the 3-year window will hearings in conjunction with those who a 3-year Resolution Agency to oversee be sold transitionally from the Interior have expressed concerns over the De- the transition. This is critical to ensur- Department. With the Strategic Petro- partment of Energy—including Senator ing progress continues to be made on leum Reserve, it is transferred to the BROWNBACK of Kansas, chairman of the the core programs. Defense Department and an audit on Government Affairs Subcommittee on Under title I, the Federal Energy value and maintenance costs is con- Government Management Oversight; Regulatory Commission [FERC] is spun ducted by the GAO. Then, the DOD is and, to move forward on implementing off to become an independent agency, charged with determining how much a widely supported proposal. And, in like it was prior to the creation of the oil to maintain for national security the coming weeks, Representative DOE. The division which oversees hear- purposes after reviewing the GAO re- TIAHRT of Kansas will be introducing ings and appeals is eliminated, with all port. companion legislation in the House of pending cases transferred to the De- Under titles V and VI, all of the na- Representatives in the near future. partment of Justice for resolution tional security and environmental res- Contrary to proponents of the status within 1 year. The functions of the En- toration-management activities to the quo, the momentum is far from being ergy Information Administration are Department of Defense. Therefore, all derailed. In fact, if we were to look at transferred to the Department of the defense-related activities are trans- the Department of Energy’s own Re- Interior with the instruction to pri- ferred back to Defense, but are placed port on External Regulation issued in vatize as many as possible. And with in a new civilian controlled agency— December 1996, even its own working the exception of research being con- Defense Nuclear Programs Agency—to group recommended transferring the ducted by the DOE labs, basic science ensure budget firewalls and civilian regulation of its nuclear facilities to and energy research functions are control over sensitive activities such outside entities. The report concluded transferred to Interior for determina- as arms control and nonproliferation that by through external regulation, tion on which are basic research, and activities. and adoption of the private sector’s which can be privatized. Those deemed And the program which has received safety culture, program safety and pub- as core research will be transferred to much criticism as of late, the Civilian lic confidence would be greatly en- the National Science Foundation and Nuclear Waste Program, is transferred hanced. We agree. And we would like to reviewed by an independent commis- to the Corps of Engineers. This section see such concepts applied across the sion. Those that are more commercial dovetails legislation adopted by the board to DOE’s programs—and the DOE in nature will be subject to disposition Senate last Congress. A key element is ultimately eliminated. We welcome recommendations by the Secretary of that the interim storage site is des- any input to that end from the admin- the Interior. ignated at Nevada’s test site area 25. istration. The main reasoning behind this is to Building upon legislation I introduced And so looking back over the past ensure the original mission of the last Congress, the GAO is directed to year—examining how the debate has DOE—to develop this Nation’s energy recommend privatization options and transformed from one of whether or independence—is carried out. With provide cost saving estimates for the not to maintain the status quo, to one scarce taxpayer dollars currently com- overall program. of how to change it—I am encouraged peting against defense and cleanup pro- For 35 States, including my home over the progress we have made. grams within the DOE, it’s no surprise State of Minnesota, timely resolution Today, we mark the beginning of the that little progress has been made. to the nuclear waste issue is essential. debate on achieving our goal of stream- However, by refocusing dollars into The continued impasse over the des- lining government and improving the competitive alternative energy re- ignation of interim and permanent delivery of government services at search—we will maximize the potential waste sites implies additional slippages lower costs to the American taxpayers. for areas such as solar, wind, biomass, in the DOE’s legal requirement to ac- One year from now, it is my hope that and so forth. For States like Min- cept nuclear waste by 1998. Minnesota we will be working toward the imple- nesota, where the desire for renewable stands to lose nearly 30 percent of its mentation of a restructuring plan on energy technologies is high, growth in energy resources shortly after the turn the Department of Energy. these areas could help fend off our of the century, but 34 other States face growing dependence upon foreign oil similar crisis. Having paid over $250 By Mr. BUMPERS: while protecting our environment. million into the Nuclear Waste Trust S. 237. A bill to provide for retail Under Title II, the laboratory struc- Fund, Minnesota’s ratepayers want res- competition among electric energy ture within the DOE is revamped. olution, not the continual foot-drag- suppliers for the benefit and protection First, the three defense labs are trans- ging we have seen from the DOE. And of consumers, and for other purposes; ferred to the Defense Department. when we look at the $12 billion col- to the Committee on Energy and Nat- They include Sandia, Los Alamos and lected to date in contrast to the lack of ural Resources. Lawrence Livermore. The remaining progress over the past 15 years, it is THE ELECTRIC CONSUMERS PROTECTION ACT OF labs are studied by a nondefense energy clear that the status quo is not work- 1997 laboratory commission. This inde- ing. That is primarily the impetus be- Mr. BUMPERS. Mr. President, I rise pendent commission operates much hind today’s announcement by the Nu- today to introduce the Electric Con- like the Base Closure Commission and clear Waste Strategy Coalition that sumers Protection Act of 1997. This bill can recommend restructuring, privat- they are petitioning the Courts for ap- provides for the transition toward de- ization, or a transfer to the DOD as al- proval to stop payments to the Nuclear regulation and competition in elec- ternatives to closure. Congress is Waste Trust Fund. Until the Court tricity generation. granted fast-track authority to adopt order in July, the DOE even denied ac- While very few people, including my- the Commission’s recommendations. countability for the program. It is time self, find a discussion of the electric Title III attempts to assess an inven- for a change if we want results. This utility industry and the many laws and tory of the Power Marketing Adminis- legislation provides that change. regulations governing the industry ex- tration’s assets, liabilities, and so Overall, outside models estimate sav- citing, the fact is that electricity is an forth. This inventory is aimed at en- ings between $19 and $23 billion in the extremely important commodity which suring fair treatment of current cus- first 5 years, and approximately $5 to affects everyone on a daily basis. Any tomers and a fair return to the tax- $7 billion annually thereafter. This is event that increases or reduces electric payers. All issues, including payments in sharp contrast to the former Sec- rates can impact: First, the lives of the by current customers must be included retary’s Strategic Alignment Initia- poor and those on fixed incomes that

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S864 CONGRESSIONAL RECORD — SENATE January 30, 1997 depend on electricity to heat their properly, and I consider this an abso- a single State. It would make no sense homes in the winter and cool them in lutely essential result. for a utility in a State that does not the summer; second, the price of goods Mr. President, I am introducing this require retail competition, to be able we buy every day; as well as, third, the bill to begin the debate in the 105th to sell power at retail in an adjoining competitiveness of our factories. In ad- Congress about how best to promote an State that requires retail competition, dition, decisions made by electric gen- orderly transition to a competitive re- while a utility subjected to retail com- erators often have a direct effect on tail electric market. This legislation is petition is unable to mitigate its losses our environment as well as our na- designed with the goals of allowing all by competing for customers in the ad- tional security. consumers to enjoy the benefits of joining State. Such a result both in- So, it is not at all inconsequential competition while not penalizing utili- creases stranded costs and distorts the that the electric industry, which has ties for prudent decisions they made generation marketplace. remained relatively static for the last under the previous regulatory system. My legislation requires that retail 60 years, is about to undergo a funda- There is significant debate over competition be implemented in each mental change. Instead of the tradi- whether Congress should even pass leg- State by 2003. States will continue to tional vertically integrated local util- islation on this subject. The argument have the option of choosing an earlier ity, which generates power at its own that the States should decide these starting date. In addition, the States plants, transmits that power over its issues certainly has some merit. After can individually oversee the transition own lines, and sells that power to all all, retail electric service has generally to competition. consumers in a particular area, con- been the domain of the States, al- Moreover, if Congress is going to sumers will soon be bombarded with all though requirements imposed at the mandate retail competition then I be- sorts of offers from companies com- Federal level by both FERC and Con- lieve we have an obligation to provide peting to become their power supplier, gress have had a direct impact on re- for utility recovery of its stranded in- and other entrepreneurs will be seeking tail rates and service. vestment in facilities that become un- to buy large blocks of power to serve But I personally believe a State-by- economic as a result of the transition certain kinds of consumers. Naturally, State approach could produce a lot of to retail competition. That is not to these changes are bound to create con- unintended consequences which would say that a utility is automatically en- siderable apprehension among utilities, limit the benefits associated with re- titled to recover every penny of its in- their shareholders, and consumers. tail competition. Electric generation vestment. Rather, my bill limits utili- Mr. President, there are some who markets are becoming increasingly re- ties to recovery of their investments would prefer that we maintain the sta- gional and even multiregional. What that: First, were prudent when in- tus quo. However, it is becoming in- happens in one State can have direct curred; second, are legitimate and creasingly certain that competition is and indirect impacts on consumers and verifiable; and third, cannot be miti- inevitable. At least six States—Cali- utilities located in another State. Util- gated by selling power to others in the competitive market. fornia, New Hampshire, Rhode Island, ities operating in more than one State My bill provides that if a utility Pennsylvania, Vermont, and Massachu- can be subjected to conflicting regu- seeks to recover stranded costs, a State setts—have already enacted legislation latory regimes which could impact the commission would establish the level or promulgated regulations providing way they operate their systems and the of such costs pursuant to an adminis- for competition. A number of other electric rates paid by consumers. trative determination or after the util- This phenomenon is best illustrated States have established proceedings to ity auctions off its assets to establish by the multistate utility holding com- determine how to move toward com- the market value of these facilities. panies registered under the Public Util- petition. In all, more than 40 States Once the stranded costs are calculated, ity Holding Company Act [PUHCA}. I have either ordered, or are examining consumers would be assessed a wires have had a lot of experience with reg- the possibility of requiring, deregula- charge to compensate the utility for its istered holding companies because two tion of the retail electric markets. stranded costs. Theoretically, introducing competi- of them serve my home State of Arkan- It is vital that, as we proceed with tion among electric power providers sas. These holding companies generally electric restructuring, we act to ensure should produce greater efficiencies and plan for, and operate, generating facili- that the generation markets are truly lower electric rates. Certainly large in- ties on a systemwide basis for the ben- competitive. It will do no good to re- dustrial consumers of electricity would efit of customers in the entire region move Federal and State rate regulation see significant reductions in their en- served by the company. If restruc- if consumers do not have access to a ergy bills, but I am more concerned turing proceeds on a State-by-State sufficient number of potential power about the potential impact on residen- basis, these holding companies would marketers. We have already seen this tial and small commercial consumers— find themselves subjected to different problem in other industries that have the biscuit cookers as we call them in requirements which could negatively deregulated, where after an initial flur- Arkansas. Generating companies may impact consumers. ry of competitors entering a particular be less eager to compete to serve these For example, the Entergy System market, significant consolidation oc- customers, especially those located in serves retail customers in parts of Lou- curred. rural areas. This reduced bargaining isiana, Texas, Mississippi, and Arkan- Utilities obviously should not be al- power could also end up causing resi- sas. If Louisiana and Texas were to lowed to use their advantageous posi- dential and small commercial cus- order retail competition and Arkansas tions with regard to transmission and tomers to pay for those costs arising and Mississippi decided to delay com- distribution to gain a competitive ad- from the transition to competition— petition, it would be difficult, if not vantage in the generation market. that is, stranded costs—costs that in- impossible, for Entergy to operate a Utilities should not use funds from dustrial consumers can more easily system of generating facilities de- their transmission and distribution avoid. signed to serve a particular load over a systems to subsidize their generation I believe it is the role of both Con- four-State area. It is quite possible businesses. In addition, my bill re- gress and the States to ensure that the that consumers in Arkansas and Mis- quires the implementation of inde- biscuit cookers also benefit. It is not sissippi would wind up paying more for pendent system operators [ISO’s] to enough to simply proclaim that the their service. Entergy’s captive cus- oversee the operation of transmission days of the utilities’ vertically inte- tomers in Arkansas and Mississippi systems in each region. grated monopolies are over. We also could be further disadvantaged to the We also must be mindful that power have a solemn obligation to be fair to extent Entergy were to become finan- suppliers might not be falling all over utility companies that have been oper- cially imperiled as a result of the retail themselves to serve certain consumers, ating in reliance on the ground rules competition orders in Texas and Lou- especially those located in rural areas. we all created over the last 60 years. isiana. My bill contains a universal service re- This will require a careful balancing of A State-by-State approach to retail quirement to ensure that everyone who competing interests. Everyone will competition also presents problems wants electric service has the oppor- benefit by restructuring if it is done where utilities operate entirely within tunity to buy it at reasonable rates.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S865 The bill also authorizes States to col- mary of the bill be placed in the suppliers if certain suppliers have undue lect fees from all consumers to help RECORD. market power. pay for the universal service obliga- There being no objection, the mate- (e) It is important to encourage conservation and the use of renewable resources to tion. rial was ordered to be printed in the Mr. President, there are currently a reduce reliance on fossil fuels and to pro- RECORD, as follows: mote domestic energy security. number of utility-based programs S. 237 (f) The transition to electric competition which provide societal benefits. For in- Be it enacted by the Senate and House of Rep- should not degrade reliability nor cause constance, the Public Utility Regulatory resentatives of the United States of America in sumers to lose electric service. Policies Act [PURPA] provides for util- Congress assembled, SEC. 3. SEVERABILITY. ity purchases of energy generated at SECTION 1. SHORT TITLE AND TABLE OF CON- If any provision of this Act, or the applica- certain plants which use renewable re- TENTS. tion of such provision to any person or cir- sources or cogeneration. In addition, (a) SHORT TITLE.—This Act may be cited as cumstances, shall be held invalid, the re- many States have programs requiring the ‘‘Electric Consumers Protection Act of mainder of the Act, and the application of utilities to contribute to energy con- 1997’’. such provision to persons or circumstances servation and to help low-income peo- (b) TABLE OF CONTENTS.—The table of con- other than those as to which it is held invalid, shall not be affected thereby. ple pay their energy bills. The costs of tents is as follows: these programs are passed through to Sec. 1. Short title and table of contents. TITLE I—RETAIL COMPETITION ratepayers. It will be more difficult for Sec. 2. Findings. SEC. 101. DEFINITIONS. utilities to continue to implement Sec. 3. Severability. For purposes of this title: TITLE I—RETAIL COMPETITION (1) The term ‘‘affiliate’’ shall have the these programs in a competitive retail same meaning given the term in section Sec. 101. Definitions. environment. My bill authorizes States 202(10) of this Act. to collect wire charges to help pay for Sec. 102. Mandatory retail access. (2) The term ‘‘aggregator’’ means any per- these kinds of programs. Sec. 103. Aggregation. son that purchases or acquires retail electric Sec. 104. Prior implementation. Congressman DAN SCHAEFER has de- energy on behalf of two or more consumers. Sec. 105. State regulation. (3) The term ‘‘Commission’’ means the veloped a proposal designed to promote Sec. 106. Stranded cost recovery. the use of renewable generation. His Federal Energy Regulatory Commission. Sec. 107. Multistate utility company strand- (4) The term ‘‘consumer’’ means a person portfolio approach would require each ed costs. who purchases retail electric energy. company selling power at retail to gen- Sec. 108. Universal service. (5) The term ‘‘corporation’’ means any cor- erate a portion of its power using re- Sec. 109. Public benefits. poration, joint-stock company, partnership, newable resources or to purchase cred- Sec. 110. Renewable energy. association, cooperative, municipal utility, its from those companies that do gen- Sec. 111. Transmission. business trust, organized group of persons, erate in excess of the minimum re- Sec. 112. Cross-subsidization. whether incorporated or not, or a receiver or Sec. 113. Competitive generation markets. receivers, trustee or trustees of any of the quirements. I think it is very impor- Sec. 114. Nuclear decommissioning costs. tant that we do everything possible to foregoing. Sec. 115. Tennessee Valley Authority. (6) The term ‘‘large hydroelectric facility’’ promote the use of renewable energy Sec. 116. Enforcement. means a facility which has a power produc- and my bill contains a similar pro- TITLE II—PUBLIC UTILITY HOLDING tion capacity, which together with any other posal. COMPANIES facilities located at the same site is greater Mr. President, over the last 25 years Sec. 201. Repeal of the Public Utility Hold- than 80 megawatts. we have made substantial progress in ing Company Act of 1935. (7) The terms ‘‘local distribution facili- cleaning our air and rivers, lakes and Sec. 202. Definitions. ties’’ and ‘‘retail transmission facilities’’ streams. It has come at a fairly big Sec. 203. Exemptions. mean facilities used to provide retail electric cost, but I doubt anyone would turn Sec. 204. Federal access to books and energy to consumers. (8) The term ‘‘mitigation’’ means any wide- the clock back on our successes. records. Sec. 205. State access to books and records. ly accepted business practice used by a retail There are understandable conflicting electric energy provider to dispose of or re- positions about what will happen with Sec. 206. Affiliate transactions. Sec. 207. Clarification of regulatory author- duce uneconomic assets or costs. the introduction of competition. Some ity. (9) The term ‘‘person’’ means an individual argue that competition will increase Sec. 208. Effect on other regulation. or corporation. the use of natural gas, which is more Sec. 209. Enforcement. (10) The term ‘‘public utility holding com- friendly to the environment than coal. Sec. 210. Savings provision. pany’’ shall have the same meaning given Others argue that existing coal gener- Sec. 211. Implementation. the term in section 202(6) of this Act. Sec. 212. Resources. (11) The term ’’renewable energy’’ means ating plants that were grandfathered in electricity generated from solar, wind, under the provisions of the Clean Air TITLE III—PUBLIC UTILITY waste, except for municipal solid waste, bio- Act will be utilized more frequently. It REGULATORY POLICIES ACT mass, hydroelectric or geothermal resources. is difficult to know who is right. But I Sec. 301. Definition. (12) The term ‘‘Renewable Energy Credit’’ think it is fair to say that we all have Sec. 302. Facilities. means a tradable certificate of proof that an obligation to protect our air quality Sec. 303. Contracts. one unit (as determined by the Commission) and we shouldn’t take this issue light- Sec. 304. Savings clause. of renewable energy was generated by any Sec. 305. Effective date. ly. My bill requires EPA to submit a person. (13) The term ‘‘retail electric competition’’ study to Congress within 2 years ana- TITLE IV—ENVIRONMENTAL PROTECTION means the ability of each consumer in a par- lyzing the issue and suggesting any ticular State to purchase retail electric en- Sec. 401. Study. changes to our laws that may need to ergy from any person seeking to sell electric be made to protect the environment. SEC. 2. FINDINGS. energy to such consumer. Mr. President, the issues addressed The Congress finds that: (14) The term ‘‘retail electric energy’’ by the Electric Consumers Protection (a) Congress has the authority to enact means electric energy and ancillary services Act of 1997 are very complex and far laws, under the Commerce Clause of the sold for ultimate consumption. United States Constitution, regarding the reaching. It is going to take Congress (15) The term ‘‘retail electric energy pro- wholesale and retail generation, trans- vider’’ means any person who distributes re- some time in order to sort them out mission, distribution, and sale of electric en- tail electric energy to consumers regardless and develop a consensus for a com- ergy in interstate commerce. of whether the consumers purchase such en- prehensive approach to electric genera- (b) It is in the public interest that con- ergy from the provider or another supplier. tion deregulation. I am introducing sumers receive reliable and inexpensive elec- (16) The term ‘‘retail electric energy sup- this bill today to begin the debate and tric service and competition among electric plier’’ means any person which sells retail propose one roadmap as to how we may suppliers can produce these benefits. electric energy to consumers. get there. I look forward to working (c) Electric utility companies that pru- (17) The term ‘‘State’’ means any State or with my colleagues and all interested dently incurred costs pursuant to a regu- the District of Columbia. latory structure that required them to pro- (18) The term ‘‘State regulatory author- parties as we proceed to examine this vide electricity to consumers should not be ity’’ means any State agency, including a very important issue over the next 2 penalized during the transition to competi- municipality, which has ratemaking author- years. tion. ity with respect to the rates of any retail Mr. President, I ask unanimous con- (d) Consumers will not benefit from the in- electric energy provider and the Tennessee sent that a copy of the bill and a sum- troduction of competition among electric Valley Authority.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S866 CONGRESSIONAL RECORD — SENATE January 30, 1997 (19) The term ‘‘transmission system’’ State from enacting laws or imposing regula- State Regulatory Authority or the Commis- means all facilities, including federally- tions related to retail electric energy service sion has already made a legally binding de- owned facilities, transmitting electricity in that are consistent with the requirements of termination. interstate commerce in a particular region, this Act. SEC. 107. MULTISTATE UTILITY COMPANY including those located in the State of Texas (c) CONTINUED STATE AUTHORITY OVER DIS- STRANDED COSTS. and those providing international inter- TRIBUTION.—A State or State regulatory au- (a) LIMITATION ON OBLIGATION.—Customers connections, but does not include local dis- thority may continue to regulate local dis- of a retail electric energy provider that tribution and retail transmission facilities tribution and retail transmission service serves customers in more than one State or as defined by the Commission. currently subject to State regulation in any that is affiliated with another retail electric (20) The term ‘‘wholesale electric energy’’ manner consistent with this Act. energy provider shall only be responsible for means electric energy and related services SEC. 106. STRANDED COST RECOVERY. stranded costs associated with retail electric sold for resale. (a) APPLICATION FOR RECOVERY.—A retail competition in the State or area in which (21) The term ‘‘wholesale electric energy electric energy provider that was subject to such customers are located. supplier’’ means any person which sells the jurisdiction of a State regulatory au- (b) REGIONAL GENERATING FACILITIES.— wholesale electric energy. thority prior to the date of enactment of this (1) The consent of Congress is given for the SEC. 102. MANDATORY RETAIL ACCESS. Act may submit an application to the State creation of a regional board if— (a) CUSTOMER CHOICE.—Beginning on De- regulatory authority seeking calculation of (A) each State regulatory authority regu- cember 15, 2003 each consumer shall have the its total stranded costs in that State if— lating an affiliate of a public utility holding right to purchase retail electric energy from (1) subsequent to January 30, 1997, the company with affiliate retail electric energy any person, subject to any limitations im- State regulatory authority has issued a reg- providers serving customers in more than posed pursuant to section 105(a) of this Act, ulation or the State has enacted legislation one state elects to join such a board; offering to sell retail electric energy to such requiring retail electric competition which (B) an affiliate of the public utility holding consumer. does not provide for the full recovery of company owns and/or operates a generating (b) LOCAL DISTRIBUTION AND RETAIL TRANS- stranded costs; of facility and sells power from that facility to MISSION FACILITIES.—Beginning on December (2) the retail electric energy provider’s cus- two or more affiliates of the same holding 15, 2003 all persons seeking to sell retail elec- tomers have access to retail competition as company and did not sell retail electric en- tric energy shall have reasonable and non- a result of the requirements of Section 102 of ergy prior to January 30, 1997 (hereinafter re- discriminatory access, on an unbundled this Act. ferred to as the ‘‘wholesale generating com- basis, to the local distribution and retail (b) CALCULATION OF STRANDED COSTS.— pany’’); and transmission facilities of all retail electric (1) If a State regulatory authority cal- (C) the public utility holding company no- energy providers and all related services. culates the applicant’s stranded costs pursu- tifies each State regulatory authority which SEC. 103. AGGREGATION. ant to subsection (a), the authority shall regulates a retail electric energy provider af- Subject to any limitations imposed pursu- choose, within six months after the receipt filiated with the holding company that it in- ant to section 105(a) of this Act, a group of of the application, between the calculation tends to seek recovery of the stranded costs consumers or any person acting on behalf of methodologies described in subsection (f) of associated with the generating facility or fa- such group may purchase or acquire retail this section. cilities (described in subsection (b)(1)(B)) electric energy for the members of the group (2) If a State regulatory authority does not owned by the wholesale generating company if they are located in a State or States where calculate the retail electric energy pro- affiliated with such holding company. there is retail electric competition. vider’s total stranded costs, the Commission (2) The regional board shall be formed if SEC. 104. PRIOR IMPLEMENTATION. shall calculate the provider’s stranded costs each State regulatory authority elects to (a) STATE ACTION.—A State or State regu- using the methodology described in sub- create the board within six months after re- latory authority, if authorized under State section (f)(2) of this section. ceiving the notification described in sub- law, may require retail electric energy pro- (c) NONREGULATED UTILITIES.—A retail section (b)(1)(C). If such elections are not viders selling retail electric energy to con- electric energy provider that is not subject made within the requisite time period, the sumers in such State to provide reasonable to regulation by a State regulatory author- Commission shall assume the responsibil- and nondiscriminatory access, on an ity prior to the date of enactment of this Act ities of the board as described in this section. unbundled basis, to its local distribution and may calculate the amount of its total (3) The regional board shall have one year retail transmission facilities and all related stranded costs pursuant to either method- after the date it is formed to calculate, on a services to competing retail electric energy ology described in subsection (f) of this sec- unanimous basis, the stranded costs associ- suppliers prior to December 15, 2003. tion. ated with the generating facility which is (b) NONREGULATED PROVIDERS.—A retail (d) RIGHT OF RECOVERY.—A retail electric the subject of the proceeding in accordance electric energy provider not subject to the energy provider shall be entitled to full re- with the definition contained in section jurisdiction of a State regulatory authority covery of its stranded costs, over a reason- 106(f) of the Act and to allocate such costs may elect to provide reasonable and non- able period of time, through a non- among the retail electric energy provider af- discriminatory access, on an unbundled bypassable Stranded Cost Recovery Charge filiates of the public utility holding company basis, to its local distribution and retail imposed on its distribution and retail trans- on a just and reasonable and nondiscrim- transmission facilities and all related serv- mission customers. inatory basis. ices to competing retail electric energy sup- (e) PROHIBITION ON COST-SHIFTING.—No (4) If the regional board fails to make ei- pliers prior to December 15, 2003. class of consumers in a State shall be as- ther or both determinations, as described in (c) GRANDFATHER.—Legislation enacted by sessed a Stranded Cost Recovery Charge that subsection (b)(3) in the requisite time period, a State or a regulation issued by a State reg- a State regulatory authority or the Commis- the Commission shall make the determina- ulatory authority prior to January 30, 1997 sion, whichever is applicable, determines is tion or determinations that have yet to be which has the effect of requiring retail elec- in excess of the class’ proportional responsi- made. tric competition on or before December 15, bility for the retail electric energy pro- (5) After its level of stranded costs is deter- 2003, shall be deemed to be in compliance vider’s costs that existed prior to the imple- mined pursuant to this subsection, the with the requirements of sections 102, 106 and mentation of retail electric competition in wholesale generating company affiliate of 107 of this Act, for so long as such retail elec- such State. the holding company shall be entitled to tric competition exists. (f) CALCULATION OF STRANDED COSTS.—For fully recover its stranded costs, over a rea- SEC. 105. STATE REGULATION. purposes of this section and section 107 of sonable period of time, from the retail elec- (a) STATE REQUIREMENTS.—Nothing in this this Act, the term ‘‘stranded costs’’ means tric energy provider affiliates to which it Act shall prohibit a State or a State regu- either (1) all legitimate, prudently incurred sells electric energy pursuant to the proce- latory authority from imposing require- and verifiable investments made by a retail dures established by this subsection. ments on persons seeking to sell retail elec- electric energy provider in generation assets, (6) A retail electric energy provider’s tric energy to consumers in that State which including binding power purchase contracts, stranded cost payment obligations pursuant are intended to promote the public interest, and related regulatory assets which would to this subsection shall be deemed stranded including requirements related to reliability have been recoverable but for the implemen- costs for the purposes of sections 106 and 107 and the provision of information to con- tation of retail electric competition fol- of this Act. sumers and other retail electric suppliers. lowing the date of enactment of this Act, SEC. 108. UNIVERSAL SERVICE. Any such requirements must be applied on a and which cannot be reasonably mitigated or (a) SERVICE OBLIGATION.—After December nondiscriminatory basis and may not be used (2) if a retail electric energy provider sells 15, 2003, each retail electric energy provider to exclude any class of potential suppliers, all of its generating facilities, the difference shall be obligated to sell retail electric en- such as retail electric energy providers, from between the book value of such facilities less ergy to, or purchase retail electric energy on the opportunity to sell retail electric energy the amount received from their sale. Nothing behalf of, any consumer in a particular State providers, from the opportunity to sell retail in this title is intended to permit a reassess- served by such retail electric energy pro- electric energy. ment of prudence with regard to the incur- vider if the State regulatory authority lo- (b) MAINTENANCE OF STATE AUTHORITY.— rence of costs related to a particular gener- cated in such State has determined that such Nothing in this Act is intended to prohibit a ating facility or contract in the event a consumer does not have reasonable access to

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competing retail electric energy suppliers not later than one year after the date of en- (b) INDEPENDENT SYSTEM OPERATORS.—A and the consumer has not chosen an alter- actment of this Act, a National Renewable person designated as an Independent System native supplier. Energy Trading Program to issue Renewable Operator shall not be subject to the control (b) COMPENSATION.— Energy Credits to retail electric suppliers. of— (1) If the retail electric energy provider Renewable Energy Credits shall be identified (1) any person owning any transmission fa- performing the service described in sub- by type of generation and the State in which cilities located in the region in which the section (a) is subject to State regulatory au- the facility is located. Under such program, Independent System Operator will operate; thority regulation of its distribution serv- the Commission shall issue— or ices, such provider shall be compensated at a (A) one-half of one Renewable Energy Cred- (2) any retail electric energy supplier sell- just and reasonable rate established by such it to any retail electric energy supplier who ing retail electric energy to consumers in regulatory authority. sells one unit of renewable energy generated the region in which the Independent System (2) If the retail electric energy provider at a large hydroelectric facility; Operator will operate. performing the service described in sub- (B) one Renewable Energy Credit to any re- (c) REGIONAL TRANSMISSION OVERSIGHT section (a) is not subject to distribution tail electric energy supplier who sells one BOARD.—After the Commission has des- service regulation by a State regulatory au- unit of renewable energy generated at a fa- ignated an Independent System Operator for thority, such provider shall establish the ap- cility, other than a large hydroelectric facil- a particular transmission system, each State propriate level of compensation. ity, built prior to the date of enactment of that is part of the transmission region estab- (3) A State or a State regulatory author- this Act; and lished by the Commission may elect to join ity, if authorized by the State, may impose (C) two Renewable Energy Credits to any a Regional Transmission Oversight Board. If a nonbypassable Universal Service Charge retail electric supplier who sells one unit of all States within the transmission region so imposed on the distribution and retail trans- renewable energy generated at a facility, elect within 180 days after the Commission mission customers of all retail electric en- other than a large hydroelectric facility, designates an Independent System Operator ergy providers in such State to fund all or built on or after the date of enactment of for the transmission region, the Board shall part of the compensation provided in sub- this Act. be formed. sections (b)(1) and (b)(2). (2) The Commission shall impose and col- (d) BOARD MEMBERSHIP.—The Regional (4) A State regulatory authority or the re- lect a fee on recipients of Renewable Energy Transmission Oversight Board shall be com- tail electric energy provider, if it establishes Credits in an amount equal to the adminis- posed of an equal number of members from its own level of compensation pursuant to trative costs of issuing, recording, moni- each State which is a member of the Board. subsection (b)(2), may require the consumer toring the sale or exchange, and tracking The Board shall prescribe its own rules for receiving retail electric energy pursuant to such Credits. organization, practice and procedure for car- subsection (a) to pay for all or part of the (f) SALE OR EXCHANGE.—Renewable Energy rying out the functions assigned by this sec- compensation provided in subsections (b)(1) Credits may be sold or exchanged by the per- tion. and (b)(2). son issued or the person who acquires the (e) TRANSMISSION REGULATION.— SEC. 109. PUBLIC BENEFITS. Credit. A Renewable Energy Credit for any (1) If a Regional Transmission Oversight Nothing in this Act shall prohibit a State year that is not used to satisfy the minimum Board is formed, it shall have the same au- or State regulatory authority from assessing renewable sales requirement of this section thority as the Commission has pursuant to charges on consumers to fund public benefit for that year may not be carried forward for sections 205, 206, 211, and 212 of the Federal programs such as those designed to aid low- use in another year. The Commission shall Power Act (16 U.S.C. 824d, 824e, 824j, and income energy consumers, promote energy promulgate regulations to provide for the 824k), as amended by this Act, with respect research and development or achieve energy issuance, recording, monitoring the sale or to the transmission of electric energy in efficiency and conservation. exchange, and tracking of such Credits. The interstate commerce by the Independent System Operator within the transmission re- SEC. 110. RENEWABLE ENERGY. Commission shall maintain records of all gion designated by the Commission. Any ac- (a) MINIMUM RENEWABLE REQUIREMENT.— sales and exchanges of Credits. No such sale or exchange shall be valid unless recorded by tions taken by such Board pursuant to this Beginning on January 1, 2004 and each year subsection shall be consistent with Commis- thereafter, every retail electric energy sup- the Commission. (g) RULES AND REGULATIONS.—The Commis- sion precedent. plier shall submit to the Commission Renew- (2) If a Regional Transmission Oversight able Energy Credits in an amount equal to sion shall promulgate such rules and regulations as may be necessary to carry out this Board is not formed for a particular region, the required annual percentage of the total the Commission shall continue to have au- retail electric energy sold by such supplier in section, including such rules and regulations requiring the submission of such information thority over the transmission of electric en- the preceding calendar year. ergy in interstate commerce by the Inde- (b) STATE RENEWABLE ENERGY PROGRAMS.— as may be necessary to verify the annual electric generation and renewable energy pendent System Operator within the trans- Nothing in this section shall be construed to mission region designated by the Commis- prohibit any State or any State regulatory generation of any person applying for Re- newable Energy Credits under this section or sion. authority from requiring additional renew- (3) The Commission shall have authority to verify and audit the validity of Renewable able energy generation in that State under over the transmission of electric energy in Energy Credits submitted by any person to any program adopted by the State. interstate commerce between two or more the Commission. (c) REQUIRED ANNUAL PERCENTAGE.—Begin- transmission regions designated by the Com- (h) ANNUAL REPORTS.—The Commission ning in calendar year 2003, the required an- mission. shall gather available data and measure nual percentage for each retail electric en- (4) Section 212(f) of the Federal Power Act compliance with the requirements of this ergy supplier shall be 5 percent. Thereafter, (16 U.S.C. 824k(f) shall be repealed on the section and the success of the National Re- the required annual percentage for each such date the Tennessee Valley Authority be- newable Energy Trading Program estab- supplier shall be 9 percent beginning in cal- comes a retail electric energy supplier. lished under this section. On an annual basis endar year 2008 and 12 percent beginning in (5) Section 212(g) of the Federal Power Act not later than May 31 of each year, the Com- calendar year 2013. (16 U.S.C. 824k(g) is amended by adding mission shall publish a report for the pre- (d) SUBMISSION OF CREDITS.—A retail elec- ‘‘prior to December 15, 2003’’ immediately vious year that includes compliance data, tric energy supplier may satisfy the require- following ‘‘utilities’’. ments of subsection (a) through the submis- National Renewable Energy Trading Pro- (6) The prohibition outlined by section sion of— gram results, and steps taken to improve the 212(h) of the Federal Power Act (16 U.S.C. (1) Renewable Energy Credits issued by the Program results. 824k(h)) shall be inapplicable either: Commission under this section for renewable (i) SUNSET.—The requirements of this sec- (A) in any situation where a retail electric energy sold by such supplier in such calendar tion shall cease to apply on December 31, energy supplier is seeking access to a trans- year. 2019. mission facility for the purpose of selling re- (2) Renewable Energy Credits issued by the SEC. 111. TRANSMISSION. tail electric energy to a consumer located in Commission under this section to any other (a) TRANSMISSION REGIONS.—Within two a State that has authorized retail electric retail electric energy supplier for renewable years after the date of enactment of this competition prior to December 15, 2003; or energy sold in such calendar year by such Act, the Commission shall establish the (B) in all cases beginning on December 15, other supplier and acquired by such retail broadest feasible transmission regions and 2003. electric energy supplier. designate an Independent System Operator (f) RULES.—On or before January 1, 2002, (3) Any combination of the foregoing. to manage and operate the transmission sys- the Commission shall issue binding rules for A Renewable Energy Credit that is sub- tem in each region beginning on December it and the various Regional Transmission mitted to the Commission for any year may 15, 2003. In establishing transmission regions Boards, governing oversight of the Inde- not be used for any other purposes there- and designating Independent System Opera- pendent System Operators, designed to pro- after. tors the Commission shall give deference to mote transmission reliability and efficiency (e) ISSUANCE OF RENEWABLE ENERGY CRED- Independent System Operators approved by and competition among retail and wholesale ITS.— the Commission prior to the date of enact- electric energy suppliers, including rules re- (1) The Commission shall establish by rule ment of this Act, if it would be consistent lated to transmission rates that inhibit com- after notice and opportunity for hearing but with the requirements of this section. petition and efficiency.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S868 CONGRESSIONAL RECORD — SENATE January 30, 1997 SEC. 112. CROSS-SUBSIDIZATION. against such entity to enforce the require- (9) The term ‘‘associate company’’ of a Nothing in this Act is intended to permit ments of this Act in the appropriate Federal company means any company in the same retail electric energy providers from recov- district court. holding company system with such company. ering in its distribution and retail trans- (b) STATE OR COMMISSION ACTION.—Not- (10) The term ‘‘affiliate’’ of a company mission rates any costs associated with un- withstanding any other provision of law, any means any company 5 percent or more of regulated activities. person seeking redress from an action taken whose outstanding voting securities are SEC. 113. COMPETITIVE GENERATION MARKETS. by a State Regulatory Authority, the Com- owned, controlled, or held with power to (a) MERGERS.— mission or a regulatory board pursuant to vote, directly or indirectly, by a company. (1) Section 203(a) of the Federal Power Act this Act shall bring such action in the appro- (11) The term ‘‘voting security’’ means any (16 U.S.C. 824b(a)) is amended by adding ‘‘in- priate circuit of the United States Court of security presently entitling the owner or cluding the promotion of competitive whole- Appeals. holder thereof to vote in the direction or sale and retail electric generation markets,’’ TITLE II—PUBLIC UTILITY HOLDING management of the affairs of a company. (12) The term ‘‘Commission’’ means the immediately following ‘‘public interest’’. COMPANIES Federal Energy Regulatory Commission. (2) Add the following new subsections at SEC. 201. REPEAL OF THE PUBLIC UTILITY HOLD- (13) The term ‘‘State Commission’’ means the end of section 203 of the Federal Power ING COMPANY ACT OF 1935. any commission, board, agency, or officer, by Act (16 U.S.C. 824b): The Public Utility Holding Company Act whatever name designated, of a State, mu- ‘‘(c) ACQUISITION OF NATURAL GAS UTILITY of 1935, as amended, 15 U.S.C. 79 et seq., is nicipality, or other political subdivision of a COMPANY.—No public utility shall acquire hereby repealed, effective one year from the State that under the law of such State has the facilities or securities of a natural gas date of enactment of this Act. jurisdiction to regulate public utility compa- utility company unless the Commission finds SEC. 202. DEFINITIONS. nies. that such acquisition is in the public inter- For purposes of this title: SEC. 203. EXEMPTIONS. est. (1) The term ‘‘person’’ means an individual (A) FEDERAL AND STATE AGENCIES.—No ‘‘(d) DEFINITION.—For purposes of this sec- or company. provision of this title shall apply to: (1) the tion, the term ‘‘natural gas utility com- (2) The term ‘‘company’’ means a corpora- United States, (2) a State or any political pany’’ means any company that owns or option, joint stock company, partnership, asso- subdivision of a State, (3) any foreign gov- ciation, business trust, organized group of erates facilities used for the transmission at ernmental authority not operating in the persons, whether incorporated or not, or a wholesale, or the distribution at retail (other United States, (4) any agency, authority, or receiver or receivers, trustee or trustees of than the distribution only in enclosed port- instrumentality of any of the foregoing, or able containers) of natural or manufactured any of the foregoing. (5) any officer, agent, or employee of any of (3) The term ‘‘electric utility company’’ gas for heat, light, or power. the foregoing acting as such in the course of means any company that owns or operates (b) MARKET POWER.—The Commission shall his official duty. facilities used for the generation, trans- take such actions as it determines are nec- (b) UNNECESSARY PROVISIONS.—The Com- essary to prohibit any retail electric energy mission or distribution of electric energy for mission, by rule or order, may conditionally supplier or retail electric energy provider or sale. or unconditionally exempt any person or (4) The term ‘‘gas utility company’’ means any affiliate thereof, from using its owner- transaction, or any class or classes of per- any company that owns or operates facilities ship or control of resources to maintain a sons or transactions, from any provision or used for distribution at retail (other than situation inconsistent with effective com- provisions of this title or of any rule or regu- the distribution only in enclosed portable petition among retail and wholesale electric lation thereunder, if the Commission finds containers) of natural or manufactured gas suppliers. that regulation of such person or transaction SEC. 114. NUCLEAR DECOMMISSIONING COSTS. for heat, light or power. (5) The term ‘‘public utility company’’ is not relevant to the rates of a public utility To ensure safety with regard to the public means an electric utility company or gas company. The Commission shall not grant health and safe decommissioning of nuclear utility company but does not mean a quali- such an exemption, except with regard to generating units, retail and wholesale elec- fying facility as defined in the Public Utility section 204 of this Act, unless all affected tric energy suppliers and retail electric en- Regulatory Policies Act of 1992, or an exempt State commissions consent. ergy providers owning nuclear generating (c) RETAIL COMPETITION.—The provisions of wholesale generator or a foreign utility com- units prior to the date of enactment of this this title shall not apply to a holding company defined by the Energy Policy Act of Act shall be entitled and obligated to re- pany and every associate company of such 1992. cover, from their customers, all reasonable holding company if the Commission certifies (6) The term ‘‘public utility holding com- costs associated with Federal and State re- that the retail customers of every public pany’’ means (A) any company that directly quirements for the decommissioning of such utility subsidiary of such holding company or indirectly owns, controls, or holds with nuclear generating units. have access to alternative sources of elec- power to vote, 10 percent or more of the out- tricity in a manner that no longer requires SEC. 115. TENNESSEE VALLEY AUTHORITY. standing voting securities of a public utility regulation of the holding company for the (a) COMPETITION IN SERVICE TERRITORY.— company or of a holding company of any protection of consumers. Notwithstanding any other provision of law, public utility company; and (B) any person, all retail and wholesale electric energy sup- determined by the Commission, after notice SEC. 204. FEDERAL ACCESS TO BOOKS AND RECORDS. pliers shall have the right to sell retail and and opportunity for hearing, to exercise di- wholesale electric energy to consumers that (a) PROVISION OF BOOKS AND RECORDS.— rectly or indirectly (either alone or pursuant Every holding company and associate com- currently purchase retail or wholesale elec- to an arrangement or understanding with tric energy either directly from the Ten- pany thereof shall maintain, and make avail- one or more persons) such a controlling in- able to the Commission, such books, records, nessee Valley Authority or persons pur- fluence over the management or policies of chasing electric energy from the Tennessee accounts, and other documents as the Com- any public utility or holding company as to mission deems relevant to costs incurred by Valley Authority, beginning on December 15, make it necessary or appropriate for the pro- 2003 or, if the Tennessee Valley Authority, in a public utility company that is an associate tection of consumers with respect to rates company of such holding company and nec- its capacity as a State regulatory authority, that such person be subject to the obliga- chooses an earlier date, such earlier date. essary or appropriate for the protection of tions, duties, and liabilities imposed in this consumers with respect to rates. (b) ABILITY TO SELL ELECTRIC ENERGY.— title upon holding companies. (b) EXAMINATION OF BOOKS AND RECORDS.— Notwithstanding any other provision of law, (7) The term ‘‘subsidiary company’’ of a The Commission may examine the books and the Tennessee Valley Authority shall be able holding company means (A) any company 10 records of any company in a holding com- to sell retail electric energy and wholesale percent or more of the outstanding voting pany system, or any affiliate thereof, as the electric energy to any person, subject to any securities of which are directly or indirectly Commission deems relevant to costs in- State restrictions imposed pursuant to sec- owned, controlled, or held with power to curred by a public utility company within tion 105 of this Act, beginning on the date re- vote, by such holding company; and (B) any such holding company system and necessary tail electric competition in the Authority’s person the management or policies of which or appropriate for the protection of con- service territory, as described in subsection the Commission, after notice and oppor- sumers with respect to rates. (a), become effective. tunity for hearing, determines to be subject (c) PROTECTED INFORMATION.—No member, (c) PROTECTION OF U.S. TREASURY.—This to a controlling influence, directly or indi- officer, or employee of the Commission shall section shall be inapplicable if the Secretary rectly, by such holding company (either divulge any fact or information that may of Energy, in consultation with the Office of alone or pursuant to an arrangement or un- come to his knowledge during the course of Management and Budget, determines that derstanding with one or more other persons) examination of books, accounts, or other in- the application of this section is contrary to so as to make it necessary for the protection formation as hereinbefore provided, except the financial interest of the United States. of consumers with respect to rates that such insofar as he may be directed by the Com- SEC. 116. ENFORCEMENT. person be subject to the obligations, duties, mission or by a court. (a) VIOLATION OF THE ACT.—If any indi- and liabilities imposed in this title upon sub- SEC. 205. STATE ACCESS TO BOOKS AND vidual or corporation or any other retail sidiary companies of holding companies. RECORDS. electric energy supplier or provider fails to (8) The term ‘‘holding company system’’ (a) PROVISION OF BOOKS AND RECORDS.— comply with the requirements of this Act, means a holding company together with its Every holding company and associate com- any aggrieved person may bring an action subsidiary companies. pany thereof, shall maintain, and make

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S869 available to each State Commission regu- SEC. 211. IMPLEMENTATION. rural cooperative electric utilities) have the lating the rates of any public utility sub- The Commission shall promulgate regula- right to purchase retail electric energy be- sidiary of such holding company, such books, tions necessary or appropriate to implement ginning on December 15, 2003. records, accounts, and other documents as this title not later than six months after the All retail electric energy suppliers (enti- the State Commission deems relevant to date of enactment of this title. ties selling retail electric energy) have ac- costs incurred by a public utility company SEC. 212. RESOURCES. cess to local distribution and retail trans- that is an associate company of such holding All books and records that relate primarily mission facilities beginning on December 15, company and necessary or appropriate for to the function hereby vested in the Commis- 2003. the protection of consumers with respect to sion shall be transferred from the Securities rates. and Exchange Commission to the Commis- Section 103—Aggregation (b) PROTECTED INFORMATION.—No member, sion. A group of consumers or any entity acting officer, or employee of a State Commission TITLE III—PUBLIC UTILITY REGULATORY on behalf of such group is authorized to ag- shall divulge any fact or information that POLICIES ACT gregate to purchase retail electric energy for may come to his knowledge during the the members of the group if they live in a SEC. 301. DEFINITION. course of examination of books, accounts, or State where retail electric competition ex- For purposes of this title, the term ‘‘facil- other information as hereinbefore provided, ists. except insofar as he may be directed by the ity’’ means a facility for the generation of State Commission or a court. electric energy or an addition to or expan- Section 104—Prior Implementation SEC. 206. AFFILIATE TRANSACTIONS. sion of the generating capacity of such a fa- States may require retail electric competi- (a) INTERAFFILIATE TRANSACTIONS.—Both cility. tion prior to January 1, 2003. SEC. 302. FACILITIES. the Commission, with regard to wholesale Municipal electric utilities and rural elec- Section 210 of the Public utility Regu- rates, and State Commissions, with regard to tric cooperative utilities (not regulated by latory Policies Act of 1978 (16 U.S.C. 824a–3) retail rates, shall have the authority to de- State regulatory authorities) may provide shall not apply to any facility which begins termine whether a public utility company for retail electric competition in their serv- may recover in rates any costs of goods and commercial operation after the effective ice territories prior to December 15, 2003. services acquired by such public utility com- date of this title, except a facility for which pany from an associate company after July a power purchase contract entered into If a State enacted legislation or imposed a 1, 1994, regardless of when the contract for under such section was in effect on such ef- regulation prior to January 30, 1997, which the acquisition of such goods and services fective date. requires retail electric competition prior to December 15, 2003, the legislation or regula- was entered into. SEC. 303. CONTRACTS. tion is deemed consistent with the manda- (b) ASSOCIATE COMPANIES.—Both the Com- After the effective date of this title or tory retail access and stranded costs sections mission, with regard to wholesale rates, and after the date on which retail electric com- of the Act. State Commissions, with regard to retail petition, as defined in title I of this Act, is rates, shall have the authority to determine implemented in all of its service territories, Section 105—State Regulation whether a public utility company may re- whichever is earlier, no public utility shall cover in rates any costs associated with an States may impose requirements on retail be required to enter into a new contract or electric energy suppliers to protect the pub- activity performed by an associate company. obligation to purchase or sell electric energy (c) INTERAFFILIATE POWER TRANSACTIONS.— lic interest. pursuant to section 210 of the Public Utility (1) Each State Commission shall have the No class of potential retail electric energy Regulatory Policies Act of 1978. authority to examine the prudence of a suppliers can be excluded from selling retail wholesale electric power purchase made by a SEC. 304. SAVINGS CLAUSE. electric energy. Notwithstanding sections 302 and 303, noth- public utility, which is not an associate com- States may continue to regulate local dis- ing in this title shall be construed: pany of a public utility holding company, tribution and retail transmission service providing retail electric service subject to (a) as granting authority to the Commis- sion, a State regulatory authority, electric provided by retail electric energy providers regulation by the State Commission. (local distribution companies). (2) Each State Commission shall have the utility, or electric consumer, to reopen, authority to examine the prudence of a force, the renegotiation of, or interfere with Section 106—Stranded Cost Recovery the enforcement of power purchase contracts wholesale electric power purchase made by a A utility providing retail electric service or arrangements in effect on the effective public utility, which is an associate company subject to State regulation prior to the date date of this Act between a qualifying small of a public utility holding company, proof enactment, which is seeking recovery of power producer and any electric utility or viding retail electric service subject to regu- its stranded costs, must request the State electric consumer, or any qualifying co- lation by the State Commission, provided regulatory authority to calculate the generator and any electric utility or electric that the costs related to such purchase have amount of its stranded costs associated with consumer. not been allocated among two or more asso- the implementation of retail competition. ciated companies of such public utility hold- (b) To affect the rights and remedies of any party with respect to such a power purchase If the State regulatory authority agrees to ing company, by the Commission prior to the calculate the utility’s stranded costs it has date of enactment and there is no subsequent contract or arrangement, or any requirement in effect on the effective date of this two options: A. Determine the level of the reallocation after the date of enactment. utility’s legitimate, prudently incurred and SEC. 207. CLARIFICATION OF REGULATORY AU- Act to purchase or to sell electric energy from or to a qualifying small power produc- verifiable investments in generating assets THORITY. and related regulatory assets that can’t be No public utility which is an associate tion facility or qualifying cogeneration facil- mitigated; or B. require the utility to sell all company of a holding company may recover ity. of its generating facilities and then subtract in rates from wholesale or retail customers SEC. 305. EFFECTIVE DATE. the revenue received from the book value of any costs not associated with the provision This title shall take effect on December 15, the assets sold. of electric service to such customers, includ- 2003. If the State does not calculate the strand- ing those direct and indirect costs related to TITLE IV—ENVIRONMENTAL PROTECTION investments not associated with the provi- ed costs, FERC must require the utility to SEC. 401. STUDY. sell its generating facilities in order to cal- sion of electric service to those customers, The Environmental Protection Agency, in unless the Commission, with regard to culate stranded costs. consultation with other relevant Federal A municipal electric utility or a rural elec- wholesale rates, or a State Commission, with agencies, shall prepare and submit a report regard to retail rates, explicitly consents. tric cooperative not subject to regulation by to Congress by January 1, 2000, which exam- a State regulatory authority may calculate SEC. 208. EFFECT ON OTHER REGULATION. ines the implications of differences in appli- Nothing in this Act shall preclude a State its own stranded costs through either meth- cable air pollution emissions standards for od authorized for State regulatory authori- Commission from exercising its jurisdiction wholesale and retail electric generation com- under otherwise application law to protect ties calculating regulated utility stranded petition and for public health and the envi- costs. utility consumers. ronment. The report shall recommend SEC. 209. ENFORCEMENT. changes to Federal law, if any are necessary, Once a utility has had its stranded costs The Commission shall have the same pow- to protect public health and the environ- calculated, it is entitled to recover such ers as set forth in sections 306 through 317 of ment. costs from its retail customers taking dis- the Federal Power Act (16 U.S.C. 825d–825p) tribution or retail transmission service pursuant to a nonbypassable Stranded Cost Re- to enforce the provisions of this Act. ELECTRIC CONSUMERS PROTECTION ACT OF covery Charge. SEC. 210. SAVINGS PROVISION. 1997—SECTION-BY-SECTION ANALYSIS Nothing in this title prohibits a person No class of customers (such as a utility’s TITLE I—RETAIL COMPETITION from engaging in activities in which it is le- residential customers) can be required to pay gally engaged or authorized to engage on the Section 101—Definitions a Stranded Cost Recovery Charge in excess date of enactment of this title provided that Section 102—Mandatory Retail Access of its proportional responsibility for utility it continues to comply with the terms of any All consumers (including current cus- costs prior to the implementation of retail authorization, whether by rule or by order. tomers of investor-owned, municipal and electric competition.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S870 CONGRESSIONAL RECORD — SENATE January 30, 1997 Section 107—Multistate Utility Company or any retail electric energy supplier selling tric competition exists in the service terri- Stranded Costs retail energy in the region. tory of each utility subsidiary of the holding Customers served by utility companies op- The States making up a particular trans- company. erating in more than one state either di- mission region can form a Regional Trans- Section 204—Federal Access to Books and rectly or through an affiliate are only re- mission Oversight Board to oversee the ISO. Records sponsible for stranded costs arising from re- If the Board is formed, it shall have the same Each holding company and associate com- tail electric competition in the State they authority FERC currently has over trans- pany of the holding company must make its reside. mission pursuant to the Federal Power Act. books and records available to FERC. All of the states regulating utility subsidi- If the Board is not formed; FERC shall retain Section 205—State Access to Books and Records aries of a multistate utility holding com- authority. pany may form a regional board to calculate FERC is required to issue rules by January Each holding company and associate com- the stranded costs of a wholesale electric 1, 2002 applicable to its and the Board’s over- pany of the holding company must make its supplier subsidiary of the holding company sight of the ISOs to promote transmission books and records available to each State that does not sell any retail electric energy reliability and efficiency and competition regulatory authority regulating a utility and to allocate such costs among the utility among retail and wholesale electric energy subsidiary of the holding company. subsidiaries of the holding company. suppliers. Section 206—Affiliate Transactions If the regional board is not formed or if the The Federal Power Act prohibition on FERC, with regard to wholesale rates and members of the regional board fail to FERC requiring transmission access for the States, with regard to retail rates, have the produce a consensus on either determination purposes of retail wheeling is repealed on authority to determine whether a public required of the board, FERC shall perform January 1, 2003 or at an earlier date for a utility affiliate of a holding company may the board’s responsibilities. particular retail wheeling request in a State recover its costs associated with a non-power Once the wholesale subsidiary’s stranded that has retail electric competition prior to transaction with an affiliated company if costs have been determined, the subsidiary is December 15, 2003. such costs arose after July 1, 1994. entitled to recover such costs from its affili- Section 112—Cross-Subsidization State regulatory authorities have the au- ated utility companies in the manner allo- Retail electric energy providers are not authority to review the prudence of a utility’s cated by the board or FERC and the utility thorized by this Act to recover costs related wholesale power purchases from non- companies are entitled to recover such costs to unregulated activities in the rates it affiliated sellers. from its customers. charges for retail transmission and distribu- State regulatory authorities have the au- Section 108—Universal Service tion services. thority to review the prudence of a utility’s If, after December 15, 2003, a State regu- Section 113—Competitive Generation Markets wholesale power purchase from an affiliated latory authority determines that a consumer seller in the same holding company system FERC’s authority over utility mergers pur- unless FERC has allocated the costs of the does not have sufficient access to competing suant to the Federal Power Act is extended retail electric energy suppliers, the retail purchase among two or more utility subsidi- to electric utility mergers with natural gas aries of the holding company prior to the electric energy provider is obligated to sell utility companies. power to or purchase power on behalf of the date of enactment and there is no subsequent FERC review of mergers must take into ac- reallocation. consumer. count the impact of a merger on competitive The retail electric energy provider is enti- wholesale and retail electric generation mar- Section 207—Clarification of Regulatory tled to just and reasonable compensation for kets. Authority the service performed. FERC has authority to take actions nec- FERC, with regard to wholesale rates, and States may impose a nonbypassable Uni- essary to prohibit retail electric energy sup- State regulatory authorities, with regard to versal Service Charge on distribution and re- pliers and providers from using their control retail rates, must explicitly consent, before a tail transmission consumers to help pay for of resources to inhibit retail and wholesale utility affiliate of a utility holding company the retail electric energy provider’s com- electric competition. can recover costs in rates that are not di- pensation. Section 114—Nuclear Decommissioning Costs rectly related to the provision of electric Section 109—Public Benefits service to its customers. Utilities owning nuclear power plants prior States are not prohibited by the Act from to the date of enactment are entitled to re- Section 208—Effect on Other Regulation imposing charges on retail electric energy cover costs to fund decommissioning of the State regulatory authorities can exercise consumers to fund public benefit programs plants from their customers. their jurisdiction under otherwise applicable (i.e. low-income and energy efficiency). Section 115—Tennessee Valley Authority law to protect utility consumers. Section 110—Renewable Energy Section 209—Enforcement Beginning on December 15, 2003 (or an ear- Beginning in 2003, all retail electric energy lier date if it so decides) the Tennessee Val- FERC has the same enforcement authority suppliers are required to either (1) sell at ley Authority (TVA) can sell retail and under this title as it does under the Federal least a minimum amount of renewable en- wholesale electric energy outside of its serv- Power Act. ergy as part of the total amount of energy it ice territory and its retail and wholesale cus- Section 210—Savings Provision sells or (2) purchase credits from retail elec- tomers can buy energy from other sellers. tric energy suppliers that sell renewable en- A person engaging in an activity it was le- If the Secretary of Energy, in consultation ergy in excess of the minimum requirements. gally entitled to engage in on the date of en- with OMB, determines that this section One-half of one Renewable Energy Credit actment may continue to be entitled to en- would be contrary to the financial interest of will be provided to retail electric energy sup- gage in the activity. the U.S., the section shall not be applicable. pliers selling power generated from a large Section 211—Implementation hydroelectric facility (more than 80 MW). Section 116—Enforcement FERC must promulgate regulations to im- One Renewable Energy Credit will be pro- All aggrieved persons may bring actions in plement the title within 6 months of the date vided to retail electric energy suppliers sell- U.S. District Court to enforce a provision of of enactment. ing power generated at all other renewable the Act against individuals, corporations and Section 212—Resources electric facilities built prior to the date of other retail electric energy providers and The SEC must transfer its books and enactment. Two Renewable Energy Credits suppliers. records related to holding company regula- will be provided to retail electric energy sup- An appeal of a decision made by FERC or tion to the FERC. pliers selling power generated at all other re- a State regulatory authority shall be filed in newable electric facilities built subsequent a U.S. Circuit Court of Appeals. TITLE III—PUBLIC UTILITY REGULATORY POLICIES ACT to the date of enactment. TITLE II—PUBLIC UTILITY HOLDING COMPANIES Retail electric energy suppliers are re- Section 201—Repeal of PUHCA Section 301—Definition quired to have Credits worth 5% of its gen- Section 302—Facilities eration beginning in 2003, 9% of its genera- PUHCA is repealed one year from the date Section 210 of PURPA doesn’t apply to fa- tion beginning in 2008 and 12% of its genera- of enactment of the Act. cilities beginning commercial operation tion beginning in 2013. Section 202—Definitions after the effective date of the title unless the The requirements of this section expire on Section 203—Exemptions power purchase contract related to the facil- December 31, 2019. The title does not apply to federal or state ity was in effect on the effective date. Section 111—Transmission agencies or foreign governmental authorities Section 303—Contracts Within two years of the date of enactment not operating in the U.S. Public utilities are no longer required to FERC must establish transmission regions FERC may exempt anyone from any of the enter into new purchase contracts under Sec- and designate an Independent System Oper- requirements of the title if the Commission tion 210 of PURPA once their is retail elec- ator (ISO) to manage and operate all of the finds the particular regulation not relevant tric competition in their service territories. transmission facilities in each region begin- to public utility company rates and the af- ning on December 15, 2003. fected States consent. Section 304—Savings Clause The ISO can’t be affiliated with any person The provisions of the title don’t apply to a This title does not affect existing power owning transmission facilities in the region particular holding company when retail elec- purchase contracts under PURPA.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S871 Section 305—Effective Date which I believe would help Congress tan State University in St. Paul noted The effective date of the title is December and the administration develop more in a letter to me, ‘‘Ambulance pro- 15, 2003. effective policies to help improve EMS. viders are not physicians and do not di- TITLE IV—ENVIRONMENTAL PROTECTION Furthermore, there is no lead EMS agnose patients. They deal with pre- Section 401—Study agency to provide guidance and direc- senting symptoms and give care based EPA must submit a study to Congress by tion to Congress and the States when on these symptoms. The physicians di- January 1, 2000 which examines the implica- implementing Federal policies con- agnose and make the final determinations of wholesale and retail electric com- cerning Medicare reimbursement tion. Ambulance providers should not petition on the emission of pollutants and issues, emergency management plan- be penalized for doing their job.’’ recommends and changes to law, if any are ning, or the effect of Federal regula- Our bill ensures that Medicare reim- necessary, to protect public health and the tions on EMS providers. This lack of environment. bursements are based on the original coordination often negatively impacts diagnoses of the 911 callers. At the By Mr. GRAMS (for himself and providers of EMS and our constituents same time, we do not seek reimburse- Mr. GRAHAM): who rely upon them. ments for medical conditions that are S. 238. A bill to amend title XVIII of Later this year, Congress will be re- clearly not life-threatening. the Social Security Act to ensure authorizing the Intermodal Surface Second, our bill establishes two sepa- Medicare reimbursement for certain Transportation Efficiency Act, for rate advisory councils comprised of ambulance services, and to improve the which its supporters will be asking for emergency service providers and oth- efficiency of the emergency medical $26 billion in transportation spending, ers. The first will advise the Health system, and for other purposes; to the and yet the emergency medical serv- Care Financing Administration on Committee on Finance. ices communities will likely not have a issues pertaining to Medicare reim- THE EMERGENCY MEDICAL SERVICES EFFICIENCY voice in improving our transportation bursement. The second advisory coun- ACT system. That is the very system they cil will make recommendations to the Mr. GRAMS. Mr. President, I have depend upon to ensure that when they administration and Congress in regard come to the floor today, with the sup- are dispatched to a patient in need of to improving the efficiency and coordi- port of my colleague from Florida, emergency medical services, the high- nation of our emergency medical sys- Senator GRAHAM, to introduce an im- way design or newest technologies will tem. portant health care proposal that is de- allow them to respond quickly and effi- Third, our bill will designate a lead- signed to improve our emergency med- ciently. EMS providers need a seat at EMS agency, to be established at the ical system and to ultimately benefit the table. direction of the Secretary of Transpor- our constituents who depend on these I find it ironic that we expect so tation in consultation with the Sec- services. The area is one I believe has much from our EMS system and yet, retary of Health and Human Services. not received the attention that it de- when they seek assistance, we continue The Secretary will make recommenda- serves. to ignore their 911 call for help. tions to Congress as to which functions That is why I am today introducing In a nation where some 268,000 Amer- should be transferred to the Transpor- the Emergency Medical Services Effi- icans turn to the 911 emergency re- tation Department in order to stream- ciency Act of 1997. My legislation sets sponse system for help every single line and coordinate the EMS system. day, our population relies on the readi- out a blueprint for responding to the Finally, our bill directs the Sec- needs of our emergency medical system ness, efficiency and the quick response retary of Transportation to establish a and begins to address just a few of of our emergency medical system. It is national database for the collection of their concerns Washington has long ig- something on which the American peo- statistics relating to the delivery of nored. ple have come to depend, a service we First, the Grams-Graham bill will re- emergency medical services within our nearly take for granted. We don’t know quire Medicare to reimburse for ambu- national transportation system and na- when we need it, but we want it to lance services provided for emergency tional emergency response system. The Secretary will set forth the ap- work well when we do. The men and medical care based on the original di- women who risk their lives in deliv- agnosis by a prudent layperson, instead propriate criteria for national data col- ering emergency care are true heroes, of the ultimate diagnosis determined lection in consultation with State EMS yet their desire to improve the services by health professionals in the emer- agencies to ensure the least burden- they provide is rarely recognized by gency room. some data collection reporting proce- Congress. Mr. President, the division of emer- dures. We would hope this database The nightly news is filled with the gency medical services for the city of could be tied to an existing data collec- stories of local emergency response St. Paul, MN, prepared a list for me of tion system. problems. You may recall the tragedy just some of their 1996 emergency am- I believe these four provisions will in Philadelphia in 1994 when a young bulance transports that began as a 911 begin to address a few of the needs that boy died on the steps of his church call for help, but were eventually de- the EMS community has brought to after being beaten. It took police 40 nied payment by Medicare. my attention. This bill will allow Con- minutes to respond after the first 911 Among the cases where payment was gress, the President, as well as State call was received. denied include a 79-year-old female, on and local officials to have the re- Here in the District of Columbia, several prescription medications, who sources and also the facts they need to some residents have waited for more had fallen in the night and was suf- make necessary improvements in than 25 minutes before an ambulance fering from vertigo; a 72-year-old male, emergency medical care to patients. responded to their 911 medical emer- on numerous prescription medications, Dr. Daniel Hankins, president of the gency. Far too often, Congress fails to who had fallen on the sidewalk, had Minnesota Chapter of the American respond until there is a national crisis, lacerations on his arm, a cut over his College of Emergency Physicians, but we can’t afford to wait for a crisis right eye, and was confused; and also a made that point eloquently in a recent to occur before we respond to the needs 95-year-old female who awoke confused letter to me. He said, ‘‘For too long of our emergency medical system. Pa- and weak, possibly suffering from a EMS has been forgotten when health tients’ lives are at risk if Congress stroke. care legislation has been proposed.’’ doesn’t begin to help the system be- In each of these incidents, emergency He went on to say, ‘‘EMS is a small, come more efficient. services personnel responded to what but crucial part of the overall health Currently, emergency medical serv- they believed to be medical emer- care system. It is in most rural areas ice providers are not consulted when gencies. Even though the cases were ul- the only lifeline for access into emer- Washington is formulating national timately ruled nonemergencies, the gency care. It is a fragile safety net policy which affects their ability to re- EMS providers should have been reim- . . . that is only held together by the spond in a timely and in an efficient bursed by Medicare for the emergency dedication of the many volunteers that manner, and there is no coordinated transport service that they provided. comprise the EMS system.’’ Government focus on EMS, no collec- As Joseph A. Grafft, EMS Manager Mr. President, I am pleased that I am tion of national data and statistics for the FIRE/EMS Center at Metropoli- joined today by the senior Senator

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S872 CONGRESSIONAL RECORD — SENATE January 30, 1997 from the State of Florida in the intro- an ongoing effort we hope to include in (E) 1 shall be appointed by the Minority duction of this legislation. We are the newly drafted Rural Health Im- Leader of the Senate; proud to have a large number of orga- provement Act. This important overall (F) 1 shall be appointed by the Speaker of nizations—organizations dedicated to effort, in which I have also been in- the House of Representatives; and (G) 1 shall be appointed by the Minority improving emergency medical care— volved, will help ensure that rural Leader of the House of Representatives. supporting our legislation. areas are not overlooked in our desire (2) INCLUSION OF CERTAIN DISCIPLINES ON AD- I ask unanimous consent that a com- to improve health care delivery. VISORY GROUP.—In making appointments of plete list of these organizations be So finally, Mr. President, I look for- members under paragraph (1), the appointing printed in the RECORD. ward to working with Senator GRAHAM, officials described in each subparagraph of There being no objection, the mate- Senator THOMAS, and others in the that paragraph shall consult and collaborate rial was ordered to be printed in the months and weeks ahead to improve with each other in order to ensure that the RECORD, as follows: emergency medical services for pa- following groups are represented on the Ad- tients and providers and ensure the visory Group: LIST OF ORGANIZATIONS SUPPORTING THE (A) Physicians who provide emergency EMERGENCY MEDICAL SERVICES EFFICIENCY most efficient use of scarce tax dollars. medical services. ACT The American people expect—and of (B) Individuals who provide emergency (1) Minnesota Ambulance Association. course deserve—nothing less. ground and air transport services. (2) Minnesota Air Medical Council. Thank you very much, Mr. President. (C) Volunteer, private, and public emer- (3) Healthspan Transportation. Mr. President, I ask unanimous con- gency medical service providers. (4) Lifelink III. sent that the text of the bill be printed (D) Trauma care providers. (5) Minnesota Emergency Medical Services (E) Patient’s rights advocates. Association. in the RECORD. (3) BACKGROUND.—Except in the case of a (6) South Central Minnesota Emergency There being no objection, the bill was member of the Advisory Group described in Medical Services Program. ordered to be printed in the RECORD, as paragraph (2)(E), any member of the Advi- (7) Minnesota Chapter, College of Emer- follows: sory Group appointed under paragraph (1) gency Physicians. S. 238 should have significant experience with the (8) Gold Cross Ambulance Service. Be it enacted by the Senate and House of Rep- (9) North Memorial Health Care. provision of ambulance services under the resentatives of the United States of America in medicare program under title XVIII of the (10) Minnesota Hospital and Healthcare Congress assembled, Partnership. Social Security Act (42 U.S.C. 1395 et seq.). (11) West Central Minnesota Emergency SECTION 1. SHORT TITLE. (4) DATE.—The appointments of the mem- This Act may be cited as the ‘‘Emergency Medical Services Program. bers of the Advisory Group shall be made not Medical Services Efficiency Act of 1997’’. Mr. GRAMS. Thank you, Mr. Presi- later than January 1, 1998. dent. The Emergency Medical Services TITLE I—MEDICARE COVERAGE OF (c) PERIOD OF APPOINTMENT; VACANCIES.— CERTAIN AMBULANCE SERVICES Members shall be appointed for a term of 4 Efficiency Act is not the answer to all SEC. 101. MEDICARE COVERAGE OF CERTAIN AM- years. Any vacancy in the Advisory Group of the problems. But it is the first step BULANCE SERVICES. shall not affect its powers, but shall be filled in addressing the concerns of a very (a) COVERAGE.—Section 1861(s)(7) of the So- in the same manner as the original appoint- important segment of both our health cial Security Act (42 U.S.C. 1395x(s)(7)) is ment. care and transportation systems. This amended by striking ‘‘regulations;’’ and in- (d) INITIAL MEETING.—Not later than 30 bill is a blueprint for further improve- serting ‘‘regulations, except that such regu- days after the date on which all members of ments in emergency medical services lations shall not fail to treat ambulance the Advisory Group have been appointed, the to help all Americans. services as medical and other health services Advisory Group shall hold its first meeting. solely because the ultimate diagnosis of the (e) MEETINGS.—The Advisory Group shall By introducing today’s legislation individual receiving the ambulance services early in the session, it is my hope that meet at the call of the Chairperson. results in the conclusion that ambulance (f) QUORUM.—A majority of the members of we will call attention to the needs of services were not necessary, as long as the the Advisory Group shall constitute a EMS providers and move forward to a request for ambulance services is made after quorum, but a lesser number of members more comprehensive bill, one that ad- the sudden onset of a medical condition that may hold hearings. dresses additional concerns that are is manifested by symptoms of such sufficient (g) CHAIRPERSON AND VICE CHAIRPERSON.— equally important to the EMS commu- severity, including severe pain, that a pru- The Advisory Group shall select a Chair- nity as those we have addressed here dent layperson, who possesses an average person and Vice Chairperson from among its knowledge of health and medicine, could rea- members. today. sonably expect to result, without immediate Over the next few weeks, I will be medical attention, in— SEC. 202. DUTIES OF THE ADVISORY GROUP. working with EMS providers in Min- ‘‘(A) placing the individual’s health in seri- (a) STUDY.—The Advisory Group shall con- nesota and throughout the country to ous jeopardy; duct a thorough study of all matters relating look at improving four key areas: regu- ‘‘(B) serious impairment to the individual’s to the provision of ambulance services under latory oversight, technology improve- bodily functions; or the medicare program under title XVIII of ‘‘(C) serious dysfunction of any bodily the Social Security Act (42 U.S.C. 1395 et ments in medicine and transportation, seq.), which shall include matters relating to insurance reimbursement issues, and organ or part of the individual;’’. (b) EFFECTIVE DATE.—The amendment the reimbursement of such services under the EMS functions which should be made by subsection (a) shall apply to items the medicare program. transferred and streamlined under the and services provided on or after the date of (b) RECOMMENDATIONS.—The Advisory Department of Transportation. enactment of this Act. Group shall develop recommendations re- Senator GRAHAM has worked tire- TITLE II—AMBULANCE SERVICES ADVI- garding the improvement of all matters re- lessly to ensure that the definition of SORY GROUP FOR THE HEALTH CARE lating to the provision of ambulance services ‘‘prudent layperson’’ apply not only to FINANCING ADMINISTRATION under the medicare program under title ambulance service but also to care pro- XVIII of the Social Security Act (42 U.S.C. SEC. 201. ESTABLISHMENT OF ADVISORY GROUP. 1395 et seq.). vided at emergency departments. In (a) ESTABLISHMENT.—There is established (c) REPORT.—Not later than 2 years after an advisory group to be known as the Health our second bill, it is our intent to in- the date of enactment of this Act and annu- Care Financing Administration Advisory clude Senator GRAHAM’s new language ally thereafter, the Advisory Group shall Group for Ambulance Services (in this title to ensure that patients are not denied submit a report to the Administrator of the referred to as the ‘‘Advisory Group’’). Health Care Financing Administration which reimbursement for emergency care be- (b) MEMBERSHIP.— shall contain a detailed statement of the re- cause they failed to obtain proper cer- (1) COMPOSITION.—The Advisory Group tification or authorization from their shall be composed of 17 members of whom— sults of the matters studied by the Advisory insurance provider. I look forward to (A) 1 shall be appointed by the Director of Group pursuant to subsection (a), together working with the American Associa- each of the 10 operating districts within the with the Advisory Group’s recommendations formulated pursuant to subsection (b). tion of Health Plans, which today an- National Highway and Traffic Safety Admin- nounced new policies to clarify how istration; SEC. 203. POWERS OF THE ADVISORY GROUP. health plans should cover emergency (B) 1 shall be appointed by the President; (a) HEARINGS.—The Advisory Group may (C) 2 shall be appointed by the Adminis- hold such hearings, sit and act at such times care, in developing an appropriate leg- trator of the Health Care Financing Admin- and places, take such testimony, and receive islative solution. istration; such evidence as the Advisory Group con- The legislation we introduce today (D) 1 shall be appointed by the Majority siders necessary to carry out the purposes of and our subsequent work will be part of Leader of the Senate; this title.

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(b) INFORMATION FROM FEDERAL AGEN- (A) that occur as a result of the condition ing appointments of members under para- CIES.—The Advisory Group may secure di- of a patient; or graph (1), the appointing officials described rectly from any Federal department or agen- (B) that occur as a result of a natural dis- in such paragraph shall, through consulta- cy such information as the Advisory Group aster or similar situation; and tion and collaboration with each other, se- considers necessary to carry out the provi- (2) includes services delivered by an emer- lect— sions of this title. Upon request of the Chair- gency ambulance employee that is licensed (i) members who are geographically rep- person of the Advisory Group, the head of or certified by a State as an emergency med- resentative of the United States; and such department or agency shall furnish ical technician, a paramedic, a registered (ii) members who are representative of such information to the Advisory Group. nurse, a physician assistant, or a physician. rural areas and urban areas. (c) POSTAL SERVICES.—The Advisory Group SEC. 302. ESTABLISHMENT OF ADVISORY COUN- (B) SPECIAL RULE.—The appointing officials may use the United States mails in the same CIL. described in subparagraph (A) shall ensure manner and under the same conditions as (a) ESTABLISHMENT.—There is established that, of the members appointed— other departments and agencies of the Fed- an advisory council to be known as the Fed- (i) 11 shall be representative of rural areas; eral Government. eral Advisory Council for Emergency Ambu- (ii) 11 shall be representative of urban (d) GIFTS.—The Advisory Group may ac- lance Services (in this title referred to as the areas; and cept, use, and dispose of gifts or donations of ‘‘Advisory Council’’). (iii) 1 shall be representative of a rural services or property. (b) MEMBERSHIP.— area or an urban area, as provided for in sub- SEC. 204. ADVISORY GROUP PERSONNEL MAT- (1) COMPOSITION.—The Advisory Council paragraph (C). TERS. shall be composed of 23 members, of whom— (C) ALTERNATE REPRESENTATION.—The ap- (a) COMPENSATION OF MEMBERS.—Members (A) 1 shall be a member of the Inter- of the Advisory Group shall receive no addi- pointing officials described in subparagraph national Fire Chief’s Association, appointed (A) shall appoint members under subpara- tional pay, allowances, or benefits by reason by the President from nominations sub- of their service on the Advisory Group. graph (B)(iii) by alternating between a mem- mitted by the Executive Director of the ber representing a rural area and a member (b) TRAVEL EXPENSES.—The members of International Fire Chief’s Association; representing an urban area. the Advisory Group shall be allowed travel (B) 1 shall be a member of the Inter- (3) DATE.—The appointments of the mem- expenses, including per diem in lieu of sub- national Association of Firefighters, ap- bers of the Advisory Council shall be made sistence, at rates authorized for employees of pointed by the President from nominations not later than January 1, 1998. agencies under subchapter I of chapter 57 of submitted by the general president of the (c) PERIOD OF APPOINTMENT; VACANCIES.— title 5, United States Code, while away from International Association of Firefighters; their homes or regular places of business in (1) PERIOD OF APPOINTMENT.—Members (C) 1 shall be a member of the American shall be appointed for a term of 4 years. the performance of services for the Advisory Ambulance Association, appointed by the Group. (2) VACANCY.— President from nominations submitted by (c) STAFF.— (A) IN GENERAL.—Any vacancy in the Advi- the executive vice president of the American (1) IN GENERAL.—The Chairperson of the sory Council shall not affect the powers of Ambulance Association; Advisory Group may, without regard to the the Advisory Council, but shall be filled in (D) 1 shall be a member of the National As- civil service laws and regulations, appoint the same manner as the original appoint- sociation of Emergency Medical Services and terminate an executive director and ment. Physicians, appointed by the President from such other additional personnel as may be (B) FILLING UNEXPIRED TERMS.—An indi- nominations submitted by the executive di- necessary to enable the Advisory Group to vidual chosen to fill a vacancy under this rector of the National Association of Emer- perform its duties. The employment of an ex- paragraph shall be appointed for the unex- gency Medical Services Physicians; ecutive director shall be subject to confirma- pired term of the member replaced. (E) 4 shall be appointed by the President, tion by the Advisory Group. (d) INITIAL MEETING.—Not later than 30 of whom— (2) COMPENSATION.—The Chairperson of the days after the date on which all members of (i) 1 shall be a representative of a volun- Advisory Group may fix the compensation of the Advisory Council have been appointed, teer ambulance service; the executive director and other personnel the Advisory Council shall hold its first (ii) 1 shall be a representative of a hos- without regard to the provisions of chapter meeting. pital-based ambulance service; 51 and subchapter III of chapter 53 of title 5, (e) MEETINGS.—The Advisory Council shall (iii) 1 shall be a representative of a private United States Code, relating to classification meet at the call of the Chairperson. ambulance service; and of positions and General Schedule pay rates, (f) QUORUM.—A majority of the members of (iv) 1 shall be a representative of an air except that the rate of pay for the executive the Advisory Council shall constitute a ambulance service; director and other personnel may not exceed quorum, but a lesser number of members (F) 1 shall be an individual who is ap- the rate payable for level V of the Executive may hold hearings. pointed by the Majority Leader of the Sen- Schedule under section 5316 of such title. (g) CHAIRPERSON AND VICE CHAIRPERSON.— (d) DETAIL OF GOVERNMENT EMPLOYEES.— ate; The Advisory Council shall select a Chair- Any Federal Government employee may be (G) 1 shall be an individual who is ap- person and Vice Chairperson from among the detailed to the Advisory Group without com- pointed by the Minority Leader of the Sen- members of the Advisory Council. pensation in addition to that received for ate; SEC. 303. DUTIES OF THE ADVISORY COUNCIL. service as an employee of the United States, (H) 1 shall be an individual who is ap- (a) STUDY.— and such detail shall be without interruption pointed by the Speaker of the House of Rep- (1) IN GENERAL.—The Advisory Council or loss of civil service status or privilege. resentatives; shall conduct a study of— (e) PROCUREMENT OF TEMPORARY AND (I) 1 shall be an individual who is appointed (A) the workplace conditions and safety re- INTERMITTENT SERVICES.—The Chairperson of by the Minority Leader of the House of Rep- quirements with regard to employees who the Advisory Group may procure temporary resentatives; provide emergency ambulance services, in- and intermittent services under section (J) 2 shall be employees of the Occupa- cluding a review of the emergency ambu- 3109(b) of title 5, United States Code, at rates tional Safety and Health Administration, ap- lance services regulations and standards pro- for individuals which do not exceed the daily pointed by the Secretary of Labor; mulgated by the Secretary of Labor through equivalent of the annual rate of basic pay (K) 1 shall be an employee of the United the Occupational Safety and Health Admin- prescribed for level V of the Executive States Coast Guard, appointed by the Sec- istration; Schedule under section 5316 of such title. retary of Transportation; (B) the emergency management planning SEC. 205. FUNDING. (L) 2 shall be employees of the National functions of the Federal Emergency Manage- The Secretary of Health and Human Serv- Transportation Safety Board, appointed by ment Agency; and ices shall provide to the Advisory Group, out the chairman of the National Transportation (C) the transportation-related functions of of funds otherwise available to such Sec- Safety Board; the Department of Transportation related to retary, such sums as are necessary to carry (M) 2 shall be employees of the National the provision of emergency ambulance serv- out the purposes of the Advisory Group Highway Traffic Safety Administration of ices, including— under this title. the Department of Transportation, ap- (i) the functions carried out under the In- SEC. 206. APPLICABILITY OF FEDERAL ADVISORY pointed by the Secretary of Transportation; telligent Vehicle-Highway Systems Act of COMMITTEE ACT. (N) 2 shall be employees of the Federal 1991 (part B of title VI of the Intermodal Sur- Section 14 of the Federal Advisory Com- Emergency Management Agency, appointed face Transportation Efficiency Act of 1991, mittee Act (5 U.S.C. App.) shall not apply to by the Director of the Federal Emergency Public Law 102–240); and the Advisory Group. Management Agency; and (ii) any other issue related to the provision TITLE III—FEDERAL ADVISORY COUNCIL (O) 2 shall each be a member of a governing of emergency ambulance services that the FOR EMERGENCY AMBULANCE SERVICES body of an Indian tribe (as that term is de- Secretary of Transportation recommends for SEC. 301. DEFINITION. fined in section 4(e) of the Indian Self-Deter- study by the Advisory Council. As used in this title, the term ‘‘emergency mination and Education Assistance Act (25 (2) INTERPRETATION OF DATA.—As part of ambulance services’’— U.S.C. 450b(e)). the study conducted under this subsection, (1) means resources used by a qualified (2) ADDITIONAL REQUIREMENTS.— the Advisory Council shall use and interpret public, private, or nonprofit entity to deliver (A) GEOGRAPHICAL REPRESENTATION AND the data collected by the Office of Emer- medical care under emergency conditions— URBAN AND RURAL REPRESENTATION.—In mak- gency Medical Services Data Collection of

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the Department of Transportation estab- (2) COMPENSATION.—The Chairperson of the shall serve as a clearinghouse for data col- lished under section 402. Advisory Council may fix the compensation lected in accordance with the regulations (b) RECOMMENDATIONS.—The Advisory of the executive director and other personnel promulgated under subsection (c). Council shall develop recommendations with without regard to the provisions of chapter (b) DIRECTOR.—The Secretary of Transpor- regard to— 51 and subchapter III of chapter 53 of title 5, tation shall appoint an individual to serve as (1) the improvement of workplace condi- United States Code, relating to classification the Director of the Office (referred to in this tions of employees who provide emergency of positions and General Schedule pay rates, section as the ‘‘Director’’). ambulance services; except that the rate of pay for the executive (c) REGULATIONS.— (2) the appropriate application by the Oc- director and other personnel may not exceed (1) IN GENERAL.—The Secretary of Trans- cupational Safety and Health Administra- the rate payable for level V of the Executive portation, acting through the Director, and tion of occupational safety and health stand- Schedule under section 5316 of such title. in consultation with the Secretary of Health ards and regulations to employees who are (d) DETAIL OF GOVERNMENT EMPLOYEES.— and Human Services, the Chairman of the employed to provide emergency ambulance Any Federal Government employee may be National Transportation Safety Board, and services; and detailed to the Advisory Council without appropriate representatives of the agencies (3) addressing the issues, and improving compensation in addition to that received of States that have primary responsibility the functions, referred to in subparagraphs for service as an employee of the United for regulating emergency medical services, (B) and (C) of subsection (a)(1). States, and such detail shall be without shall promulgate regulations to establish a (c) REPORT. interruption or loss of civil service status or uniform data collection requirement con- (1) SUBMISSION OF REPORT TO AGENCY OFFI- privilege. cerning the collection, on a nationwide basis, CIALS.—Not later than 2 years after the date (e) PROCUREMENT OF TEMPORARY AND of data relating to the provision of emer- of enactment of this Act and annually there- INTERMITTENT SERVICES.—The Chairperson of gency medical services. after, the Advisory Council shall prepare and the Advisory Council may procure tem- (2) USE OF EXISTING INFORMATION SERV- submit to the Secretary of Labor, the Sec- porary and intermittent services under sec- ICES.—In promulgating the regulations under retary of Commerce, and the Director of the tion 3109(b) of title 5, United States Code, at this subsection, the Secretary of Transpor- Federal Emergency Management Adminis- rates for individuals which do not exceed the tation shall, to the maximum extent prac- tration a report that includes— daily equivalent of the annual rate of basic ticable, provide for the use of information (A) a detailed statement of the results of pay prescribed for level V of the Executive services that are in existence at the time the matters studied by the Advisory Council Schedule under section 5316 of such title. that the regulations are promulgated, in- under subsection (a); and SEC. 306. FUNDING. cluding State data collection services. (d) STATE DEFINED.—As used in this sec- (B) the recommendations of the Advisory The Secretary of Labor, the Secretary of tion, the term ‘‘State’’ means each of the Council developed under subsection (b). Commerce, and the Director of the Federal several States of the United States, the Dis- (2) SUBMISSION OF REPORT TO CONGRESS.— Emergency Management Agency shall pro- Not later than 2 years after the date of en- trict of Columbia, and the territories and vide to the Advisory Council, out of funds possessions of the United States. actment of this Act and annually thereafter, otherwise available to such agency heads, the Advisory Council shall prepare and sub- such sums as are necessary to carry out the By Mr. DASCHLE (for himself, mit to the appropriate committees of Con- purposes of the Advisory Council under this Mr. JOHNSON, Mr. CONRAD, Mr. gress the report described in paragraph (2). title. DORGAN, Mr. BAUCUS, Mr. HAR- SEC. 304. POWERS OF THE ADVISORY COUNCIL. SEC. 307. APPLICABILITY OF FEDERAL ADVISORY (a) HEARINGS.—The Advisory Council may COMMITTEE ACT. KIN and Mr. KERREY): hold such hearings, sit and act at such times Section 14 of the Federal Advisory Com- S. 239. A bill to amend the Internal and places, take such testimony, and receive mittee Act (5 U.S.C. App.) shall not apply to Revenue Code of 1986 relating to the such evidence as the Advisory Council con- the Advisory Council. treatment of livestock sold on account siders necessary to carry out the purposes of TITLE IV—DATA COLLECTION AND ADMIN- of weather related conditions; to the this title. Committee on Finance. (b) INFORMATION FROM FEDERAL AGEN- ISTRATION BY DEPARTMENT OF COM- CIES.—The Advisory Council may secure di- MERCE INVOLUNTARY CONVERSION OF LIVESTOCK rectly from any Federal department or agen- SEC. 401. PROPOSAL FOR TRANSFER OF CERTAIN LEGISLATION cy such information as the Advisory Council EMERGENCY MEDICAL SERVICES Mr. DASCHLE. Mr. President, today considers necessary to carry out the provi- FUNCTIONS. I am reintroducing legislation to pro- sions of this title. Upon request of the Chair- (a) PROPOSAL.— vide equitable treatment under the tax person of the Advisory Council, the head of (1) IN GENERAL.—Not later than 180 days law for farmers and ranchers who are after the date of enactment of this Act, the such department or agency shall furnish forced to sell their livestock pre- such information to the Advisory Council. Secretary of Transportation, in consultation with the Secretary of Health and Human maturely due to extreme weather con- (c) POSTAL SERVICES.—The Advisory Coun- ditions. I am joined in this effort by cil may use the United States mails in the Services and the Chairman of the National same manner and under the same conditions Transportation Safety Board, shall develop a Senators JOHNSON, CONRAD, DORGAN, as other departments and agencies of the proposal for transferring to the National BAUCUS, and HARKIN. Federal Government. Highway Traffic Safety Administration of The last few weeks have seen the (d) GIFTS.—The Advisory Council may ac- the Department of Transportation any trans- most extreme winter weather of the cept, use, and dispose of gifts or donations of portation-related functions of any other Fed- century in the upper Midwest. Pro- services or property. eral agency concerning emergency medical longed sub-zero temperatures and SEC. 305. ADVISORY COUNCIL PERSONNEL MAT- services, other than the functions referred to back-to-back blizzards continue to dev- in paragraph (2). TERS. astate herds of cattle and other live- (a) COMPENSATION OF MEMBERS.—Members (2) EXCEPTIONS.—The proposal prepared of the Advisory Council shall receive no ad- under paragraph (1) shall not provide for the stock. An estimated 50,000 cattle have ditional pay, allowances, or benefits by rea- transfer of any function— died since the beginning of the year, son of the service of the members on the Ad- (A) of the Department of Defense; or and countless thousands of other head visory Council. (B) related to a Federal health care proof livestock are under extreme stress. (b) TRAVEL EXPENSES.—The members of gram (including the medicare program under The President declared the region a na- the Advisory Council shall be allowed travel title 18 of the Social Security Act (42 U.S.C. tional disaster area on January 10. expenses, including per diem in lieu of sub- 1395 et seq.) and the medicaid program under A few summers ago, Midwestern sistence, at rates authorized for employees of title 19 of the Social Security Act (42 U.S.C. States suffered severe floods, which agencies under subchapter I of chapter 57 of 1396 et seq.)). devastated lives and property along title 5, United States Code, while away from (b) REPORT.—Upon completion of the pro- the homes or regular places of business of posal under subsection (a), the Secretary of these States’ rivers and shorelines. the members in the performance of services Transportation shall submit to Congress a President Clinton responded quickly by for the Advisory Council. report that contains the proposal, together providing disaster assistance, $2.5 bil- (c) STAFF.— with any legislative recommendations that lion, including $1 billion for agri- (1) IN GENERAL.—The Chairperson of the the Secretary determines to be appropriate culture, in emergency aid to flooded Advisory Council may, without regard to the for carrying out the proposal. areas in the Midwest. civil service laws and regulations, appoint SEC. 402. ESTABLISHMENT OF THE OFFICE OF In addition to receiving disaster pay- and terminate an executive director and EMERGENCY MEDICAL SERVICES ments, many farmers were able to take such other additional personnel as may be DATA COLLECTION. advantage of provisions in the Internal necessary to enable the Advisory Council to (a) ESTABLISHMENT.—There is established perform the duties of the Advisory Council. in the Department of Transportation an of- Revenue Code designed primarily to The employment of an executive director fice to be known as the ‘‘Office of Emergency spread out the impact of taxes on farm- shall be subject to confirmation by the Advi- Medical Services Data Collection’’ (referred ers in these situations. Ironically, how- sory Council. to in this section as the ‘‘Office’’). The Office ever, while farmers who lose their

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S875 crops due to floods are covered under guished Governor of South Dakota, dustry on the Northern Plains. That these provisions, farmers who must in- William Janklow, called me a few days was the year in which Teddy Roosevelt voluntarily sell livestock due to flood ago and emphasized how important it lost his cattle herd on his ranch in the and other extreme weather conditions, would be for Congress to make this North Dakota badlands. are not. change as soon as possible. I hope my When this winter is over, we will be Normally, a taxpayer who uses the colleagues will agree that we should able to make some judgments as to cash method of accounting, as most not shut out some farmers—livestock whether this winter will be another of farmers do, must report income in the producers—from the disaster related those history-making times which will year in which he or she actually re- provisions of the Tax Code simply be- haunt the memories of another genera- ceives the income. The Tax Code, how- cause the natural disaster involved was tion of farmers and ranchers in the Da- ever, outlines certain exceptions to severe winter conditions or a flood in- kotas. this rule where disaster conditions gen- stead of a drought. That just doesn’t erate income to the farmer that other- make sense. But right now, we need to do every- wise would not have been received at The American Farm Bureau Federa- thing possible to ease the burdens that that time. For example, one exception tion and the National Farmers Union our livestock producers are facing. The allows farmers who receive insurance have endorsed the bill. I urge my col- U.S. Department of Agriculture has proceeds or disaster payments when leagues to give it favorable and early been working very hard to get work- crops are destroyed or damaged due to consideration. able programs to help producers get to drought, flood, or any other natural Mr. President, I ask that the text of their livestock and feed. They have disaster to include those proceeds in the bill be printed in the RECORD. also been working on the longer range income in the year following the dis- There being no objection, the bill was problem of helping ranchers and farm- aster, if that is when the income from ordered to be printed in the RECORD, as ers with the extra feed supplies that the crops otherwise would have been follows: are needed to get these cattle through received. S. 239 the winter. Two other provisions deal with invol- Be it enacted by the Senate and House of Rep- While USDA has had some problems untary conversion of livestock. The resentatives of the United States of America in Congress assembled, in getting those programs on the first provision enables livestock pro- ground, we certainly appreciate the De- ducers who are forced to sell herds due SECTION 1. TREATMENT OF LIVESTOCK SOLD ON ACCOUNT OF WEATHER-RELATED partment’s efforts especially when we to drought conditions to defer tax on CONDITIONS. consider the limited tools that are cur- any gain from these sales by rein- (a) DEFERRAL OF INCOME INCLUSION.—Sub- rently available to them. It should be vesting the proceeds in similar prop- section (e) of section 451 of the Internal Rev- noted that the Emergency Livestock enue Code of 1986 (relating to special rules of erty within a 2-year period. The second Feed Assistance program that would provision allows livestock producers proceeds from livestock sold on account of normally have been available for such who choose not to reinvest in similar drought) is amended— (1) by striking ‘‘drought conditions, and a situation was suspended by the 1996 property to elect to include proceeds that these drought conditions’’ in paragraph farm law. This has put USDA in a posi- from the sale of the livestock in tax- (1) and inserting ‘‘drought, flood, or other tion of having very limited resources able income in the year following the weather-related conditions, and that such and authorities for this emergency. sale. conditions’’; and For no apparent reason, the two pro- (2) by inserting ‘‘, FLOOD, OR OTHER WEATH- Compounding the problems of our visions dealing with livestock do not ER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in livestock producers have been the very mention the situation where livestock the subsection heading. low cattle prices that have come from (b) INVOLUNTARY CONVERSIONS.—Subsection is involuntarily sold due to flooding, (e) of section 1033 of such Code (relating to a combination of being at the bottom blizzards, or other extreme conditions. livestock sold on account of drought) is of a cattle pricing cycle together with Thus, these weather emergencies do amended— record levels of concentration in the not trigger the benefits of those provi- (1) by inserting ‘‘, flood, or other weather- marketplace. related conditions’’ before the period at the sions. Yet, many livestock producers Our producers have had a hard time are currently being compelled to sell end thereof; and (2) by inserting ‘‘, FLOOD, OR OTHER WEATH- maintaining their herds even without livestock because they are under ER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in this winter emergency. That is why it stress, just as they were forced to by the subsection heading. is extremely important that we help the floods the other year to sell their (c) EFFECTIVE DATE.—The amendments them through this time period. animals because the crops necessary to made by this section shall apply to sales and feed the livestock and the fences for exchanges after December 31, 1996. Some of our producers are making containing them had been washed out. Mr. DORGAN. Mr. President, I’m the choice to either sell their cattle al- Our proposal would expand the avail- pleased to join Senator DASCHLE and together or reduce the size of their ability of the existing livestock tax others in reintroducing legislation to herd, rather than to continue to main- provisions to include involuntary con- bring much-needed tax relief to family tain them at high costs and high risk. versions of livestock due to flooding farmers and ranchers whose businesses Unfortunately our current tax laws and other extreme, weather related have suffered from unduly harsh hinder such sales in the case of most conditions. This would conform the weather conditions in the Upper Mid- weather-related disasters except for treatment of crops and livestock in west this winter. drought. If a farmer or rancher is this respect. Livestock producers in North Dakota forced to sell cattle or other livestock Last Congress, I introduced this bill and other States in the Northern prematurely this winter, they will be in the Senate as S. 109, and my col- Plains have been facing unusually ex- burdened with a large tax bill. There is league, Senator JOHNSON, introduced a treme conditions during this winter. no provision at present for tax deferral companion measure in the House—H.R. North Dakota has experienced at least of gains on involuntary conversions of 1588—when he was a Member of that a half-dozen blizzards, winds of up to 50 livestock for severe winter conditions. body. Similar legislation was passed by miles per hour, and wind chills of near The Tax Code allows for such deferrals Congress as part of the Revenue Act of 80 below zero. only for drought conditions. 1992. Unfortunately, that legislation Our livestock producers have had was subsequently vetoed for unrelated great difficulty in moving snow and In the last session of Congress, I co- reasons. The Department of the Treas- keeping paths open to both feed and sponsored legislation with Senator ury testified in support of the change livestock. Our interstate highways DASCHLE that would have expanded in the last Congress. In 1995, the Joint have been closed seven times this win- this tax provision to respond to a vari- Committee on Taxation estimated the ter so it is easy to imagine the difficul- ety of severe weather conditions. revenue loss from my bill to be $17 mil- ties that our rural people have had in Our legislation would allow a farmer lion over 6 years. keeping township roads open and usa- or rancher to defer paying taxes on the Let me emphasize that the tax provi- ble. proceeds of an involuntary sale of live- sions we are dealing with here affect Some are beginning to compare this stock due to severe weather-related the timing of tax payments, not for- winter to the infamous winter of 1886 emergencies if he reinvests the pro- giveness of tax liability. The distin- which nearly wiped out the cattle in- ceeds in similar property down the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S876 CONGRESSIONAL RECORD — SENATE January 30, 1997 road. A farmer or rancher who decides age and flexibility they need to address lation, there really is no reason for any not to reinvest the proceeds under this problem. This bill will help Li- well-intentioned borrower ever to have these circumstances may elect to re- brary of Congress officials keep better to pay late fines or have their privi- port the proceeds from the sale on the track of their resources, and will spur leges suspended. I’m optimistic that next year’s tax return. This legislation, many delinquent borrowers to return the mere specter of having to pay over- which is supported by the Administra- the books that taxpayers provide for due book fines will coax delinquent tion, builds upon similar provisions in them completely free of charge. borrowers into responsibility renewing the Tax Code which is provided in the The Library of Congress Book Pro- their book loans or returning the case of forced livestock sales due to tection Act would direct the Library to books. drought. implement an overdue book charge pol- I hope that the Senate will adopt this Initial estimates following the Janu- icy for books improperly held over 70 legislation to implement prudent new ary 10th blizzard across our State indi- days. These individuals or offices will guidelines in the book loan policies of cated that about 2,000 livestock pro- have their privileges suspended until the Library of Congress.∑ ducers were selling nearly 35,000 addi- their fines are paid in full. Library of By Mr. MCCAIN: tional cattle as a result of that storm. Congress officials will, however, be S. 241. A bill to amend the Internal The weekly reports from the North Da- able to waive such penalties when ap- Revenue Code of 1986 to allow a family- kota Agricultural Statistics Service propriate. The Library would also be owned business exclusion from the indicate that cattle sales continue to authorized to retain the funds received gross estate subject to estate tax, and be more than 20 percent above normal from late book fines, as well. Finally, for other purposes; to the Committee in the State. the offices of severely delinquent bor- on Finance. This legislation will give these pro- rowers and the fines they owe will be THE AMERICAN FAMILY-OWNED BUSINESS ACT ducers an additional tool in managing published in the annual report sub- ∑ Mr. MCCAIN. Mr. President, I rise their operations so that these involun- mitted by the Library to its oversight today to introduce the American Fam- tary conversions do not impose addi- committees. ily-Owned Business Act—a bill that While figures for the 104th Congress tional financial hardships upon them. will preserve the American family Again I am pleased to once again co- have not been published yet, prelimi- businesses and save jobs across the sponsor this legislation with Senator nary data shows that as of December country. This bill cuts estate tax rates DASCHLE to help our producers meet 28, 1996, over 2,200 books were over 30 in half and also creates a new exclusion the unusual conditions of this winter. I days overdue. Figures published by the that completely eliminates the estate urge my colleagues to join us in this ef- Library during the 103d Congress tax for small businesses. Under the new fort. showed that out of the 20,000 books exclusion, family-owned businesses can that were out on loan, over one-third By Mr. McCAIN: exempt up to $1.5 million of family were listed as overdue. One half of the business assets from their estate. If a S. 240. A bill to provide for the pro- 4,200 books on loan to congressional family business is valued at more than tection of books and materials of the staff and the media were listed as over- $1.5 million, the excess is taxed at one- Library of Congress, and for other pur- due, and 1 in 5 books out on loan to half of the current rates—thus proposes; to the Committee on Rules and Members, committees, and congres- viding a maximum tax rate of 27.5 per- Administration. sional support agencies had been over- cent. THE LIBRARY OF CONGRESS BOOK PROTECTION due for more than 2 months. Library of This legislation was introduced in ACT Congress officials state that over the last Congress by my good friend, ∑ Mr. MCCAIN. Mr. President, today I 300,000 books are missing from their the former majority leader, Bob Dole. am introducing legislation to help pro- collections dating back to 1978, and the Although this legislation was included tect the valuable resources of the Li- estimated cost of these thefts is $12 in S. 2, The Family Tax Relief Act, I brary of Congress. The Library of Con- million. feel so strongly about the need for es- gress Protection Act will help the Li- I am concerned about the fact that it tate tax relief for family-owned busi- brary of Congress stop abuses of its is all too easy for individuals to dis- nesses and farmers that I felt it was free book loan program by authorizing regard their responsibility to return necessary to introduce this legislation the Library to impose fines for books books to the Library of Congress in a on its own. that are long overdue. timely manner. This negligence is not The current Federal estate tax is just I am introducing this legislation to only unfair to the other users of the Li- too burdensome on the American fam- empower Library of Congress officials brary, but it also drains the Library’s ily. Time and time again, farmers and to crack down on individuals who seri- resources in chasing down overdue or other business owners across the coun- ously abuse their Library privileges, by missing books. try have told me that estate tax rates keeping books too long or failing to re- In addition to Members of Congress are just too high. They rise quickly turn them. Library of Congress offi- and congressional staff, the Library of from 18 to 55 percent, effectively mak- cials should not have to tolerate the Congress also makes loans to executive ing the Government a 50–50 partner in fact that many individuals are appar- branch departments and agencies, the a family business. ently unconcerned about returning the judiciary and diplomatic corps, the Even the most sophisticated estate books that taxpayers provide for them. press, and other institutions. As I have tax planning and the purchase of life Congress should not prevent the Li- mentioned, Mr. President, the Library insurance cannot sufficiently mitigate brary from instituting strengthened of Congress is barred from charging the effects of these high rates, leaving policies to hold severely delinquent late fees for overdue books in contrast families no recourse but to sell their borrowers responsible for their tardi- to virtually every other publicly fund- businesses to pay the estate tax. This ness. ed library in America. Furthermore, bill will stop these forced sales from This legislation will enable the Li- the Library cannot retain any funds happening again. brary of Congress to implement a rea- that might be collected due to the loss I agree with many who say that es- sonable overdue book charge policy or damage of loaned books. It’s clearly tate tax rates should be reduced across similar to those of most public librar- time to change these unwise restric- the board, or repealed entirely. I ap- ies across America. By doing so, the tions and strengthen the Library’s plaud my colleague, Senator KYL, who many Members of Congress, congres- ability to protect its resources, and I is leading the effort to repeal the es- sional staffers, and executive branch hope Members of the Senate will sup- tate tax. And I hope that we do that employees who benefit from this mag- port this legislation to do so. some day. But given our current budg- nificent institution will have an added Surely, it’s not asking too much of et crisis, we will likely have to take an incentive to comply with the generous the individuals and offices fortunate incremental approach on the estate loan policies of the Library of Con- enough to use the Library of Congress tax. This legislation takes an impor- gress. to do so in a responsible manner. Even tant step in that direction. This proposal is very basic, but it under the new borrowing guidelines This legislation will protect and pre- will afford Library officials the lever- that would be instituted by this legis- serve family enterprises. We know too

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S877 well the adverse impact of an estate than food, shelter and clothing com- budget of the Federal Aviation Admin- tax-forced sale. The family loses its bined. This is simply outrageous. The istration [FAA] and all of the FAA cap- livelihood, the family business employ- American people cannot afford to be ital programs. ees lose their jobs, and the community taxed anymore. Arizonans, for exam- Recent estimates by the General Ac- suffers. ple, had to work until almost the be- counting Office [GAO] and the FAA in- We must do all that we can to help ginning of May to pay their tax bill. dicate that, unless the excise taxes are family-owned businesses not only sur- Today nearly 40 percent of the Amer- reinstated, the trust fund will be out of vive, but also prosper. They are the job ican family’s paycheck goes toward available moneys by March or April of creators in this country. In the 1980’s some kind of tax. this year. The FAA will have to termi- alone, family businesses accounted for There have been numerous studies nate spending on its capital programs— an increase of more than 20 million pri- that show when Congress increases the safety and security enhancements vate-sector jobs. taxes it increases spending by a greater that we have worked so hard to insti- By relieving families of the burden of amount. One study by the Joint Eco- tute. the estate tax and letting them keep nomic Committee, showed that for It is unconscionable to allow the their businesses, they can continue to every dollar that was raised in taxes, FAA to go without money that is abso- prosper. And when families continue to Congress spent $1.16. Thus, the deficit lutely essential to fund the safety and operate their businesses, we all ben- reduction claimed by those who sup- security programs of the national air efit—the business’ employees keep port raising taxes is lost. The 1990 transportation system. their jobs, the government receives in- budget debacle is the best example of The current estimates of when the come taxes on business profits, and the Congress’ chronic disease called tax trust fund will be out of available families retain their livelihood. and spend. Under the 1990 budget deal money—which I just learned today— The bill requires heirs to participate Congress was supposed to cut spending are much more dire than originally an- in the family business. These participa- but of course it never did. The tough ticipated. There are several reasons for tion rules are deliberately flexible and spending caps that were put in place the unexpected worsening of the FAA’s recognize that different family busi- under this agreement, were raised by fiscal situation. The Treasury Department may have nesses need differing levels of partici- Congress in order to satisfy their insa- mistakenly credited the trust fund pation by heirs. tiable appetite for spending. We must The estate tax is not a Democratic or with $1.5 billion. Under normal cir- do everything in our power to find a a Republican problem, or one that af- cumstances, there is a gap in the time remedy for this disease. The super- fects only rural or urban families. between the collection of taxes on air- majority vote requirement is the first There are farmers, ranchers, or other line tickets and the payment of those dose of the medicine. family businesses in each State that taxes into the Treasury by the airlines. This legislation is so important be- would benefit from this legislation. In addition, those taxes are first paid cause politicians have forgotten whose This bill provides the critical relief into the general fund before being cred- money they are spending in Wash- needed for American families’ busi- ited to the trust fund. When the avia- ington. Americans work very hard for nesses. I urge my colleagues to support tion excise tax expired, so did the au- the money they earn and send to Wash- this effort, and I hope that Congress thority to transfer the revenues from ington. Again and again studies show will act expeditiously on this impor- the general fund to the trust fund. tant legislation.∑ that people are working harder for less The result of this process is that bil- and are spending more time at work. In lions in tax revenues from 1996 are not By Mr. MCCAIN: many families one or both parents paid to Treasury until 1997. Because S. 242. A bill to require a 60-vote must work two and three jobs just to those revenues cannot be transferred supermajority in the Senate to pass make ends meet, leaving less and less out of the general fund, the trust fund any bill increasing taxes; to the Com- time for family. Congress needs to take may have far less money than origi- mittee on the Budget and the Com- heed of these facts and recognize that nally estimated. The trust fund could mittee on Governmental Affairs, joint- families all across America are being be out of available money by March, ly, pursuant to the order of August 4, forced to tighten their belts as the tax with curtailment of spending beginning 1977, with instructions that if one com- man continues to take an evergrowing even before that time because of the mittee reports, the other committee portion of their money. Balancing the stringent provisions of the Anti-Defi- have 30 days to report or be discharged. budget should require Congress to ciency Act. TAX FAIRNESS AND ACCOUNTABILITY ACT OF 1996 tighten their belt by reducing spend- On one particular point, I want to be ∑ Mr. MCCAIN. Mr. President I intro- ing, not by asking Americans to pay very clear—the taxes should not be ex- duce legislation entitled the ‘‘Tax more. I hope the Senate will act quick- tended for more than a few months. We Fairness and Accountability Act of ly on this important legislation.∑ have a process in place to explore al- 1997.’’ This legislation requires a super- By Mr. MCCAIN (for himself, Mr. ternative long-term funding mecha- majority vote in the Senate in order to HOLLINGS, Mr. FORD, and Mr. nisms to ensure the fiscal viability of raise taxes and eliminates the 60-vote GORTON): the FAA and its important safety and Congressional Budget Act point of S. 243. A bill to provide for a short security missions. Until the results of order against reducing taxes. A super- term reinstatement of expired Airport those studies are available and alter- majority vote requirement is the and airway trust fund taxes, and for native mechanisms are in place, we strongest possible defense for this other purposes; to the Committee on must ensure that adequate funding is body’s spending excesses. By requiring Finance. provided for these programs. 60 votes in the Senate to approve a tax REINSTATEMENT OF THE AVIATION EXCISE These taxes were allowed to expire at increase rather than a simple majority, TAXES the end of last December so that rein- we will ensure that Congress does not Mr. McCAIN. Mr. President, I rise statement of the taxes would count for balance the budget on the backs of tax- today to introduce a bill, cosponsored new revenues which can be used to off- payers. by Senators HOLLINGS and FORD, to re- set tax cuts or spending in other parts Although our national debt currently instate the aviation excise taxes until of the Federal budget. Playing budget stands at over $5.3 trillion, Congress’ September 29, 1997. games with these excise taxes is simply insatiable appetite for spending has not On December 31, 1996, the aviation deplorable. The excise taxes paid by diminished. Our inability to reach a excise taxes expired. The aviation ex- the users of the national air transpor- balanced budget for the past 28 years is cise taxes include a 10-percent pas- tation system must be dedicated to not due to undertaxation but rather senger ticket tax, a 6.25-percent freight that system. over spending. It is time that we place waybill tax, a $6 per person inter- Mr. President, if the situation was limits on the ability of government to national departure tax, and fuel taxes dangerous before, it has now reached a casually dip into the pockets of an al- imposed upon general aviation aircraft. very critical point. We must not delay ready overtaxed citizenry. These taxes were the principal source any longer. Therefore, I am intro- According to the Tax Foundation, of revenues for the airport and airway ducing this bill to take immediate ac- Americans spend more on their tax bill trust fund, which funds most of the tion

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S878 CONGRESSIONAL RECORD — SENATE January 30, 1997 to begin the process of reinstating the trust fund, which funds the Federal of all our retirement needs. If Congress aviation excise taxes until September Aviation Administration and its pro- continues to change the rules after 29, 1997. I will work closely with Sen- grams. plans and investment decisions have ators LOTT and DASCHLE to ensure Without the collection of these reve- been made, we will diminish the incen- early Senate action on this vitally im- nues, the uncommitted balance of the tive for Americans to prepare for the portant measure, so that the safety of airport and airway trust fund is quick- future and plan accordingly. our airline transportation system is ly being depleted. In fact, it is running I am consistently amazed by the per- not adversely affected. dry at a rate of $175 per second —more verse disincentives Congress enacts. Mr. HOLLINGS. Mr. President, I rise than $15 million every day. Yesterday, Aside from being patently unfair, tax- today in support of extending the avia- officials at the Department of the ing 85 percent of Social Security bene- tion ticket tax through the end of fis- Treasury announced that if no action fits above the current income levels cal year 1997. This tax is very impor- is taken to reimpose these taxes, the creates a tremendous disincentive for tant to the day-to-day operation of our trust fund could be insolvent as early affected seniors to work. It simply Nation’s aviation system. Money to as March. doesn’t make sense to work if every improve, maintain, and run our air- For this reason, I am pleased to join dollar you earn over the threshold ports is 100 percent supported by fees my colleagues, Senators MCCAIN, HOL- drastically reduces your Social Secu- paid by the users of the air transpor- LINGS, and FORD, in sponsoring the Air- rity benefits. tation system. It is not paid for by the port and Airway Trust Fund Taxes taxes we all pay on April 15. Every Short Term Reinstatement Act. This I am pleased that this legislation is time they fly, people have been paying legislation will extend the existing sys- supported by the National Committee the user fees in the form of a ticket tem of aviation excise taxes through to Preserve Social Security and Medi- tax. That money has been going into September 29, 1997, and give Internal care and the Seniors Coalition. I ask the airport and airway trust fund, and Revenue Service authority to transfer unanimous consent to submit their let- the money is then disbursed through previously collected aviation excise ters of endorsement into the RECORD. the appropriations process. We tell peo- taxes into the airport and airway trust The problems with this additional ple to pay these fees, and we tell them fund. tax on Social Security benefits are we will then spend it on airports. The numerous aviation tragedies in strikingly similar to the Social Secu- However, there is one small problem. 1996 have, I believe, lowered the rity earnings limit. I am pleased that The ticket tax expired at the end of public’s confidence in the safety of the Congress finally enacted an increase in 1996. Due to budget games, the money U.S. aviation system. While our system the earnings limit last year and I hope that we thought would be in the trust continues to be the safest aviation sys- that we will act expeditiously on this fund is not there. Originally we were tem in the world, Congress owes it to legislation. advised that the trust fund would be the American people to consider this There being no objection, the letters broke in July, but now it appears that legislation as quickly as possible to en- were ordered to be printed in the it will be depleted as early as March. If sure aviation safety, security, and cap- RECORD, as follows: this situation is not corrected, millions ital investment are not jeopardized in THE SENIORS COALITION, of dollars in airport modernization any manner. Fairfax, VA, January 27, 1997. projects, aviation safety enhance- Hon. JOHN MCCAIN, ments, and airport security efforts will By Mr. MCCAIN: U.S. Senate, have to be delayed or terminated. The S. 244. A bill to amend the Internal Washington, DC. Revenue Code of 1986 to repeal the in- obvious answer to this untenable situa- DEAR SENATOR MCCAIN: On behalf of the 2.4 tion is to reinstate the aviation ticket crease in the tax on Social Security million members of The Seniors Coalition, I tax, and that is why I am cosponsoring benefits; to the Committee on Finance. would like to express our strong support for Senator MCCAIN’s bill. I urge my fellow THE SENIOR CITIZENS’ EQUITY ACT your legislation repealing the 1993 increase colleagues to quit playing budget Mr. McCAIN. Mr. President, I intro- in taxes on Social Security benefits. While games and start fulfilling Govern- duce legislation that repeals the in- this legislation is desirable, total repeal would be preferable. ment’s primary function—preserving crease in tax on Social Security bene- the safety of the American people. fits. The Omnibus Budget Reconcili- The arguments you made at the time of in- Mr. FORD. Mr. President, today I ation Act of 1993 increased the taxable troduction are certainly persuasive. How- proportion of Social Security benefits ever, they apply as much to a tax on 50 per- join my colleagues in cosponsoring a cent of benefits as they do to a tax on 85 per- bill to reinstate the aviation ticket tax from 50 to 85 percent for Social Secu- cent of benefits. We understand the argu- through September 29, 1997. This tax rity recipients whose threshold in- ments in favor of taxes on some portion of goes directly into the aviation trust comes exceed $34,000—(single)—and benefits, and recognize the supposed adverse fund. The tax has already expired and $44,000—(couples). The legislation I am revenue impacts from total repeal. Accord- we cannot allow the trust fund to go introducing today simply phases out ingly, while The Seniors Coalition would pre- broke. If that occurs, then it will be this increase gradually over a 4-year fer to see total repeal of all taxes on Social very difficult for us to continue to period. In 1997, the applicable percent- Security benefits, we do recommend imme- age would be 75 percent; in 1998, 65 per- diate passage of your bill at least rolling maintain the safety and security ini- back the 1993 increase. We will be happy to tiatives that are needed in order to se- cent; in 1999, 60 percent; in 2000, 55 per- make this case in public hearings, and you cure and ensure the safety of our avia- cent; and finally in 2001, the taxable certainly have permission to use our support tion system. percentage would return to 50 percent. to promote passage of the bill. I do not need to remind my col- I believe the increase in the taxable Please let us know if there are further leagues of the importance of aviation portion of Social Security benefits was steps we can take to move this legislation to safety. Over the past year, we have blatantly unfair because it changed the passage. seen too many headlines which have rules in the middle of the game. Re- Sincerely, underscored the need for a safe and se- sponsible senior citizens who had care- THAIR PHILLIPS, cure aviation system. I urge my col- fully planned for their retirement were Chief Executive Officer. leagues to act expeditiously on this penalized and saw their income fall very important matter. while their marginal tax rate sky- NATIONAL COMMITTEE TO PRESERVE Mr. GORTON. Mr. President, on Jan- rocketed. Nearly 9,000 seniors rep- SOCIAL SECURITY AND MEDICARE, uary 1, 1997, the aviation system in the resenting 23.4 percent of recipients are Washington, DC, January 28, 1997. United States received a serious blow affected by this provision. These Sen- Hon. JOHN MCCAIN, when the aviation excise taxes lapsed. iors relied on, and based their decisions U.S. Senate, Russell Senate Office Building, Washington, DC. Together, these taxes—the 10-percent on, the old law, and they have no re- passenger ticket tax; the 6.25-percent course to go back in time to change DEAR SENATOR MCCAIN: The National Com- cargo waybill tax; the $6.00 per person mittee to Preserve Social Security and Medi- their decisions based on the new law. care welcomes as a major step in the right international departure tax; and cer- Clearly, we should be encouraging all direction your legislation to repeal the in- tain general aviation fuel taxes—ac- Americans to save and invest for the equitable tax increase on Social Security count for more than 90 percent of the future. We can no longer expect that benefits enacted as part of the 1993 budget revenues in the airport and airway Social Security benefits will take care reconciliation bill.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S879 The Omnibus Budget Reconciliation Act of PERCENTAGE CHANGE IN FEDERAL TAXES 1 FROM REC- year. The Judicial Conference gen- 1993 increased the amount of Social Security ONCILIATION CONFERENCE BILL BY 2-PERSON FAMILY erally does not consider a request for benefits subject to tax from 50 percent to 85 INCOME CLASSES 2 BY FAMILY TYPE—Continued new bankruptcy judgeships by a Fed- percent for individual beneficiaries with in- [1994 income levels for 1998 proposed tax law] eral judicial district unless the average come above $34,000 or for couples with in- case-hour total for the district’s judges come above $44,000. The ‘‘Senior Citizens’ Eq- Non-sen- uity Act’’ would gradually phase out this in- exceeds 1,500. Adjusted family income for 2 persons Senior ior fami- All fami- crease and return the taxable percentage to families lies w/o lies Given these yardsticks, the burdens 50 percent by the year 2001. children facing the district of Maryland’s bank- The 1993 tax increase affects not only All ...... 7.5 3.5 3.8 ruptcy judges are truly astounding. wealthy seniors but also middle income sen- 1 Includes all permanent tax changes in conference agreement and in- In 1993, the national weighted case- iors. It unfairly penalizes responsible senior cludes the outlay portion of the earned income tax credit. hour average was 1,362 hours; by con- citizens who planned for their retirement 2 Percentage change in taxes is for all families by family size adjusted through employment, saving, and invest- income quintiles. For example, first quindle is for families with incomes trast, the Maryland average for that below 145% of the poverty threshold (e.g., a 2 person family income of less year was 59 percent greater—2,168 ment. Many National Committee Members than $12,900). need or want to work, but they also deserve Source: Congressional Budget Office data complied by Price Waterhouse. hours. to receive their retirement benefits. Whether CBO distribution table dated August 2, 1993. In 1994, the national average was 1,227 the senior works out of the need for income hours; the 1994 Maryland average was or the pleasure of working, taxing 85 percent By Mr. SARBANES (for himself 75 percent greater—2,143 hours. of social security benefits over the current and Ms. MIKULSKI): In 1995, the national average was 1,149 income thresholds exacts a high price. The S. 245. A bill to amend title 28, hours; the 1995 Maryland average was increased tax rate only discourages work and United States Code, to authorize the 72 percent greater—1,982 hours. retirement savings. appointment of additional bankruptcy In 1996, the national average was 1,272 Moreover, a Price-Waterhouse analysis judges for the judicial district of Mary- demonstrated that the 1993 bill targeted sen- hours; the Maryland total for that year land; to the Committee on the Judici- iors by increasing their tax burden more was 75 percent greater—2,230 hours. ary. than non-seniors in every income category— So for each of the last 4 years, the JUDGESHIP LEGISLATION on average twice as great for senior families average weighted case-hours for Mary- as non-senior families. Middle income sen- Mr. SARBANES. Mr. President, I rise iors experienced a disproportionately large for myself and my distinguished col- land’s bankruptcy judges have exceeded by a wide margin not only the na- tax increase under the 1993 bill. For your in- league from Maryland, Senator MIKUL- tional average, but also the 1,500-hour formation, we are enclosing a summary of SKI, to introduce a bill crucial to the the Price-Waterhouse data. administration of justice and the econ- yardstick used by the Judicial Con- On behalf of older Americans, we thank ference to rate requests for additional you for your work to enact this important omy in our State. This bill provides for two additional bankruptcy judgeships judges. legislation. Other States have faced temporary Sincerely, in the Federal Judicial District of overloads, but only Maryland can MARTHA A. MCSTEEN, Maryland. A look at the conditions President. currently facing Maryland’s bank- claim the dubious distinction of having Enclosure. ruptcy judges reveals the critical need one of the Nation’s most overworked bankruptcy courts for each of the last BUDGET RECONCILIATION CONFERENCE AGREE- for these new judgeships. MENT UNFAIRLY TARGETS AMERICA’S SEN- Recent years have witnessed a sharp 4 years. In fact, only the District of IORS rise in bankruptcy filings nationwide. Maryland has ranked in the top 3 The table below, compiled by Price- Last year, for the first time in our his- among the 91 Federal judicial districts Waterhouse, demonstrates that the budget tory, filings during a 12-month period— during each of the 8 biannual evalua- reconciliation conference agreement targets June 1995–June 1996—exceeded 1 mil- tions of bankruptcy judges’ case-hours seniors by increasing their tax burden more lion, a 21.4-percent rise from the prior since September 1992. than non-seniors in every income category— 12-month period. This trend has many This situation cries out for remedial on average twice as great for senior families action. Recognizing as much, the Judi- as non-senior families. causes, including greater access to Families in the lowest income category credit, a lagging economy in some re- cial Conference recommended to the will receive a tax cut of 28.1% while elderly gions, and public and private 104th Congress that Maryland receive families in the same category will see a tax downsizing. Such sharp increases in fil- an additional bankruptcy judgeship. increase of 4.6%. Senior families in the sec- ings strain the ability of bankruptcy Unfortunately, this proposal was not ond lowest income category will see a tax in- judges to administer justice promptly enacted into law and, as a result, the crease of 3.8% while all families in the same and effectively, and jeopardize the sta- problem has worsened considerably. category will see a reduction of 1.1%. While bilization of creditor-debtor relations I have cited data on increased bank- seniors in these groups are unaffected by the ruptcy filings in Maryland during late increased tax on Social Security benefits, that is, after all, the goal of bank- they are affected by the energy tax and re- ruptcy law. 1996. If Maryland received one addi- ceive little or no assistance from the earned No State has been more affected by tional bankruptcy judge tomorrow, the income tax credit. these trends than Maryland. Bank- case-hours per judge in the district Middle income seniors also will see a dis- ruptcies there have quadrupled in the would still be 1,784, 141 percent of the proportionately large tax increase. Seniors past decade. As filings rise nationwide, national average and well in excess of with income between $24,000 and $72,000 will Maryland rates of increase have sig- the 1,500-hour mark used to rate a dis- have tax increases that are 2.5 to 6 times trict’s need for new judges. higher than non-senior families without chil- nificantly exceeded Federal rates. No dren in comparable income classes. end appears to be in sight. Maryland In fact, even if Maryland received Under the conference bill, seniors will face filings during January-November 1996 two new bankruptcy judges, its per an average increased tax burden of 7.5%, exceeded State filings during the same judge caseload would still exceed the more than double the 3.5% increase for non- period in 1995 by 36 percent; in the national average by 18 percent. To seniors without children. July-November 1996 period, State fil- place Maryland at the national aver- ings exceeded by 45 percent filings dur- age, three additional bankruptcy 1 PERCENTAGE CHANGE IN FEDERAL TAXES FROM REC- ing the same period in 1995. judges would be required. Yet this bill ONCILIATION CONFERENCE BILL BY 2-PERSON FAMILY In 1991, the U.S. Judicial Conference, adds only two judgeships, the min- INCOME CLASSES 2 BY FAMILY TYPE using a 1990 Federal Judicial Center imum response according to those most [1994 income levels for 1998 proposed tax law] time-management study, adopted a familiar with the problem. This is the Non-sen- case-weighting system for bankruptcy number recommended to the Judicial Senior ior fami- All fami- judges, under which different types of Conference by the Fourth Circuit Judi- Adjusted family income for 2 persons families lies w/o lies children cases were assigned different degrees of cial Council, and I fully expect the Ju- difficulty and overall weighted case- dicial Conference to include two new 0–$12,900 ...... 4.6 ¥4.3 ¥28.1 $12,901–$23,600 ...... 3.8 0.8 ¥1.1 hour goals were established for the Maryland judgeships in its spring rec- $23,601–$35,300 ...... 2.8 1.0 1.0 judges. Under this system, the average ommendations to Congress. $35,301–$53,300 ...... 2.3 0.9 1.0 $53.301–$72,000 ...... 6.4 1.0 1.4 U.S. bankruptcy judge has a weighted New judgeships are essential not only $$72,000 or more ...... 9.8 6.5 8.4 case-hour load of about 1,250 hours per for effective judicial administration,

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S880 CONGRESSIONAL RECORD — SENATE January 30, 1997 but also for Maryland’s economy. the extraordinary burdens placed upon provide equity in handling the caseload Bankruptcy laws are crafted to foster them. in Maryland’s bankruptcy courts. orderly, constructive relationships be- Ms. MIKULSKI. Mr. President, I am tween debtors and creditors during pleased to join with my colleague, Sen- By Mr. GREGG: times of economic difficulty. This in ator PAUL S. SARBANES, in sponsoring S. 246. A bill to amend title XVIII of turn results in businesses being reorga- this important legislation. This bill the Social Security Act to provide nized, jobs—provided by creditors and would authorize the appointment of ad- greater flexibility and choice under the debtors—preserved, and debts managed ditional bankruptcy judges for the Medicare Program; to the Committee fairly. Overworked bankruptcy courts state of Maryland. on Finance. have a destabilizing effect on this sys- Bankruptcy filings nationwide have MEDICARE LEGISLATION tem. dramatically increased. In my State of Mr. GREGG. Mr. President, this piece Consider an example. Bankruptcy Maryland, over 20,000 individuals and of legislation which I have just sent to law provides debtors temporary relief businesses filed bankruptcy last year. the desk is an update of the legislation from the claims of creditors, allowing Unfortunately, bankruptcy filings have which I introduced last year to address the debtor to adopt a reorganization hit a peak nationwide with both indi- what is obviously one of the most crit- plan, thereby improving its chances of viduals and businesses seeking relief ical issues which we face as a Congress, recovery, and keeping creditors from from financial debt. While the eco- and that is the question of the solvency cutting in line in front of other credi- nomic climate in Maryland is much of the Medicare trust funds and the tors who have priority claims on debt- better than in many parts of the coun- proper way to deliver health care to or assets. But the law also allows a try, the recent recession has had an our senior citizens. court to grant creditors relief from a impact on consumers in my State. Last year the bill that I am intro- stay where the creditor shows that its This bill will give relief to bank- ducing was basically used as the core claim will not receive adequate protec- ruptcy judges, who hear cases in Mary- concept for the structural reform tion under normal procedures. Under land. These judges have had a growing which was included in the balance this procedure, a court must hold a caseload to process. This is good news budget bill which was passed by this hearing 30 days after an application for for consumers, who are seeking a reor- Senate and by the Congress and sent to relief from the stay, or automatically ganization of their debts and creditors the President, which he unfortunately grant relief. seeking to protect their rights. It is decided to veto. Because of the importance of these critical that consumers are able to The bill that I have just introduced is hearings, Maryland’s bankruptcy have their bankruptcy petitions proc- an attempt to once again bring forward judges routinely set aside 1 day per essed in a timely manner. For the debt- what I consider to be a number of very week to conduct them. One such judge, or seeking to protect his home under a constructive and important initiatives on December 6, 1996, had on his cal- chapter 13 filing, this bill will help ex- in the area of making Medicare a more endar 125 motions for relief from stay, pedite the process and allow the bank- effective system of health care for our a caseload that obviously precludes ruptcy judge to give full consideration senior citizens. these cases from being fully heard. to the petition. We have all heard the facts, the facts Thus, creditors seeking to cut in line, Maryland’s bankruptcy judges have being that the Medicare system is bro- to the detriment of the debtor, other had to struggle to keep up with the ken, that it is not only broken but that creditors, and the orderly administra- growing docket. Because of the current it is headed aggressively toward bank- tion of the bankrupt estate, may file heavy caseload, judges cannot schedule ruptcy, that this year it lost $9.2 bil- for relief from stay, knowing that the hearings in a timely manner. This ad- lion or spent $9.2 billion more in the case will not likely be heard and that versely affects the debtor’s reorganiza- part A trust fund than it had taken in, the creditor will receive automatic re- tion and delays distributions to credi- that the losses are increasing and will lief under the law. Failure to hold a tors. be more than $40 billion annually by timely hearing may result in the in- The District of Maryland currently the year 2000, and that, as I mentioned, ability of a debtor to reorganize, or in has four bankruptcy judges. The Judi- the part A trust fund in Medicare will the cheating of other worthy creditors. cial Conference recommended the au- be broke, will be insolvent as of the Similarly, the extreme caseloads thorization of an additional judge. year 2001, the early part of 2001, actu- faced by Maryland’s bankruptcy judges Their findings were based on the ally January. allow dishonest debtors to dissipate as- weighted caseload per judge, which is a I think the actuaries may have sets, again at the expense of worthy good indicator of a judge’s workload. fudged a little bit there so they would creditors. Maryland’s judges are working stren- not have to say 2000. I think we are In short, the inevitable delays occa- uously in the best interests of both going to find quickly that the insol- sioned by the lack of judges harm both debtors and creditors. But, their case- vency of the trust fund is going to creditors and debtors, thereby imper- load requires additional assistance. occur in the year 2000, which is not iling businesses and the people em- Maryland needs at a minimum one very far away from us. ployed by them. Is it any wonder that more bankruptcy judge, but would pre- What happens when the part A trust private bankruptcy practitioners and fer two more judges. fund goes insolvent? Basically, the sen- business groups also support additional Judges from other districts have ior citizens do not have a health care bankruptcy judges for the District of helped Maryland’s bankruptcy judges. system and do not have an insurance Maryland? To quote Susan Souder, However, these judges have had to system. There is no provision in the president of the Maryland Federal Bar struggle with their own increasing law today that allows us to supply Association, ‘‘Maryland citizens, busi- caseloads. health care if there are no funds to pay nesses, and lenders should be entitled The Judicial Conference found that for it in the part A trust fund. So the to the same protection of the courts as Maryland’s judges have a caseload per system will literally not exist, and sen- their counterparts in other States.’’ judge that is 70 percent above the na- ior citizens will be without a health in- Currently they do not receive such pro- tional average. Clearly, the bankruptcy surance system. tection. Two new bankruptcy judges in judges in Maryland’s district are over- We should have addressed this last the District of Maryland are impera- whelmed by the caseload. Even with year, of course. And there was an at- tive if we are to address this critical the addition of another bankruptcy tempt to address it last year. But be- problem. judge, Maryland’s judges would still cause of the politics of the season, be- In closing, let me commend the dedi- have a caseload that is above the na- cause we were in an election year— cated efforts of Maryland’s four sitting tional average. So, I hope we will be both for this Congress and for the Pres- bankruptcy judges—Chief Judge Paul able to provide two additional slots. idency—it was not addressed, even Mannes and Judges Duncan Kier, I hope my colleagues will support though sincere attempts were made James Schneider, and Steve Derby. this legislation. It is important for from this side of the aisle. Their dedication to the administration consumers and creditors to process Those sincere attempts included, in of justice is especially impressive given their claims. It is also important to significant part, the bill which I have

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S881 just reintroduced. But they were con- has changed fundamentally since the gives the senior citizen, if you want to fronted by an opposition which 1960’s. simplify it, it gives the senior citizen demagoged the issue and said that the In the 1950’s and 1960’s most people the same options, essentially, that a proposals to try to bring about sol- had a doctor by name, an individual. person who works for the Federal Gov- vency in the Medicare part A trust Most people pursued what was known ernment has who is under the Federal fund were actually going to undermine as fee-for-service medicine where they employee health benefits program. I, as that system when in fact what is un- hired their doctor. Their doctor re- a Member of Congress, have an option dermining the system is the pending ferred them to another doctor if they to choose a number of different health insolvency of the trust fund. had a problem. They hired that doctor, care plans. Why should not the senior President Clinton, this year, to his and they went around hiring individual citizens have that same option? credit, has decided to step up to the doctors. Today, health care is not pro- Basically, we asked that question, issue of Medicare or at least said he is vided that way in the private sector, and we say they should. They should. going to publicly, and suggested that or, for that matter, in the public sec- Not only would it be more advan- he will propose $138 billion in savings tor, if you are a member of the Federal tageous for a senior citizen to be able in the Medicare accounts. Government. Today, the way it is pro- to go out and pick any number of Of course, last year when Repub- vided, usually you have a prepaid plan health care programs, but it would be licans proposed savings in the Medicare where you pay an amount upfront and more advantageous for us, the Federal accounts, they were accused of cutting you participate in a plan that provides Government, and for the taxpayers to Medicare. I will not use that term be- you a variety of options with a variety have those options, because we would cause I believe that we need to pursue of different physicians to go to. It may bring competition into the system and an effort of constructive dialog here. be in the form of an HMO or PPO or hopefully, as a result, bring market But it is ironic that this year the PSO, or it may be in the form of some forces into the system and, as a result, President would be calling his proposal hybrid, but there are usually a variety help to reduce the rate of growth of to save $138 billion as a constructive of different ways you get health care. health care costs to something closer attempt to address Medicare when last Only rarely today in the private sector to what we are seeing in the private year it was characterized as a savaging and in the Federal employee sector is sector. and extreme act, both by members of that health care provided in the man- We never expect that a program de- the President’s party and by the Vice ner of going out and hiring an indi- signed for seniors will have the same President, when we proposed savings vidual physician and then moving for- rate of growth of health care costs as not much higher than what are being ward on a fee-for-service basis through the private sector because seniors, re- proposed by the President today. the system. grettably, have more health problems. Unfortunately, in proposing his $138 Yet, we still have Medicare deliv- We know we can do better than a 10- billion in savings, the President has ering the vast amount of its care, the percent annual rate of growth. In fact, used a lot of old ideas and what you vast amount of its service, under the to make the trust fund solvent, we do might call attempts to address the fee-for-service system, which has cre- not have to get to the private sector Medicare system at the margin. Unfor- ated an inflation factor in the Medi- rate of growth. We do not have to get tunately, also, although not accounted care system in the cost of delivery of to a 3 percent or less rate of growth. for allegedly in the $138 billion of sav- that system which is basically making We can make the trust fund solvent ings, he has also used a massive book- it unaffordable and leading to the with rate of growth somewhere be- keeping gimmick of moving home bankruptcy of the part A trust fund. tween 6 or 7 percent annually. health care out of the part A trust fund Because there is no competition today We are only talking about reducing allegedly into the part B trust fund, so in the senior citizens’ health dollars, the rate of growth of the Medicare actually it is under the taxpayers of because the system remains a closed trust fund by 3 percent; we are talking America and into the general fund. It system where fee-for-service really is about continuing to allow it to grow by is an incredible act of flim-flam and only the viable way—there are a few 6 to 7 percent. This is a huge increase, one which hopefully will not be accept- HMO’s, but they are very limited in a huge amount of new dollars flowing ed by this Congress. their applicability—then, as a result, into the health care system every year. Independent of that, the real problem we have not brought the market force It is a result of the fact we are able to of the $138 billion is not that it is inap- into the system, we have not brought still balance the trust fund and make it propriate; it is that it does not address efficiencies into the system, and we solvent with that type of rate of the underlying structural problem of have not seen occur in Medicare what growth that we create a huge market- Medicare. It addresses lower payments has occurred in the general health care place incentive for people to compete to providers, mostly. But the problem delivery system in this country. for senior dollars in health care. It is of Medicare is not the extra dollar we Over the last 3 years, the rate of in- that desire for competition, that use of are paying to this provider or the extra flation of health care costs in this competition which will lead us to a 5 percent we are paying to that pro- country, the inflationary rate of more competitive system, a more effi- vider, it is the fact that it is presently growth of health care costs in this cient system, and for a system which structurally not supportable, the fact country, were less than the general will actually deliver better health care that the costs of Medicare are simply rate of inflation. The general rate of to seniors. going up much faster than the cost of inflation was about 3 percent. The rate We put some protections in here, the Government generally and the rate of growth of health care costs was also, to make it clear that seniors are of inflation. Not only generally, but below that number in the last 3 years not giving up anything by partici- also the rate of inflation in the health in the private sector. Yet, in the Medi- pating in choice care. First off, as I care industry. care system, the rate of growth of mentioned, they have the right to stay The system is designed as a 1960’s health care has remained about 10 per- with fee-for-service, their present plan, automobile. It was created in the cent. if they want to. Second, any plan that 1960’s. In the 1960’s it was not a Cad- What my legislation does essentially wants to compete for a senior citizen illac system. Everybody knows that. It is give seniors more options. That is dollar must provide the core services was probably an Oldsmobile. But it is why it is called choice care. It says to which are presently provided under the the exact same Oldsmobile designed in senior citizens, you can go out in the Medicare system. You may say, if that the 1960’s that is now on the road in the marketplace and participate in the sys- is the case, why are they ever going to 1990’s. It has been patched and repaired tem you presently have if you want to, be able to charge less if they have to and fixed up here and there, but we are in the fee-for-service system. There is provide the same amount as the senior still driving down the road in the 1990’s no reason you cannot stay in the sys- presently gets? It is called the market- in a 1960’s car. It is not working. It is tem you are presently in, or, alter- place. There are ways to provide the not working because it does not ac- natively, you can go into one of the same services and pay less for them knowledge the fact that the health other delivery systems—HMO, PPO, or and have them cost less by having care delivery system in this country PSO—whatever you want to pursue. It more efficiencies in the provider. The

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S882 CONGRESSIONAL RECORD — SENATE January 30, 1997 marketplace will produce that sort of can get a savings by shopping thought- as we go forward with this Choice Care efficiency and you will have less costs. fully and efficiently for their health proposal that we begin to level out the Also, we give seniors the right to opt care, and where the health care pro- playing field on reimbursement so that out if they choose another type of viders have an incentive to come in and we no longer are rewarding the ineffi- health care delivery service. If they are compete for that health care dollar. cient, and so that the efficient receive uncomfortable with it, they can What does that cause? That causes effi- the proper payment. We do this by not disenroll from that service. ciency. It causes the marketplace to cutting anybody because we are in- Furthermore, and most importantly, create efficiency. We have learned that creasing funding for Medicare through- we do not allow people who are com- the Federal Government can’t produce out this period by 6 to 7 percent. We do peting for the seniors’ dollars to dis- efficiency. We have learned that by not have to cut anything. What we are criminate. In other words, if you are a having a nationalized system, which is going to do is slow the rate of increase provider and you are going to make what Medicare is, you do not have an to those areas that have a much higher yourself available to supply senior citi- efficient system; that you have an inef- reimbursement and accelerate the rate zens with health care, you have to take ficient system. What we know from ex- of increase to those with lower reim- all comers. There cannot be any at- perience is the way you create effi- bursement areas. tempt to screen out people because ciency and lower costs is by having As a result, we will at some point— they have preexisting conditions. So it competition and having a playing field there is a timeframe in our bill that al- will not have adverse risk selection. where the consumer is protected, which lows for this—about 5 to 7 years from now get to a period where we have ev- The practical implications of this are is exactly what this does. that a senior will annually receive a So this proposal would give the sen- erybody in a much narrower band of re- booklet or proposal, much like we re- iors an incentive to be thoughtful pur- imbursement which leads to a much more efficient market. ceive as Federal employees, which will chasers, and would give the market- outline the various health care systems So the underlying theme here is sim- place an incentive to come in and be ple. Under the Choice Care plan, which which are available to that senior. thoughtful competitors, or strong com- What I see happening is that there are as I mentioned was adopted in signifi- petitors for the senior citizen dollars. cant proportions, or the concepts were going to be a lot of health care pro- Another issue that is raised and is le- adopted in significant proportions in viders who will say, ‘‘Hey, we can pro- gitimate is the question of reimburse- the last budget, seniors should be given vide that senior with the same health ment and how we are going to reim- essentially the same choices that mem- care they are getting today,’’ because burse these provider groups. The Presi- bers of the Federal Government have of the 6 to 7 percent annual increase. dent has proposed that we cut the rate and that the average working Amer- ‘‘We can provide that senior with that of reimbursement for HMO’s from 95 to ican has—the ability to go out in the same health care and throw some other 90 percent arbitrarily across the board. marketplace and choose from a variety benefits in, too. We can offer prescrip- I am not going to criticize the Presi- of different health care providers. And tion care, we can offer eyeglasses, we dent for trying to address the cost of in making that choice they should be can offer a variety of things that are growth. I think that is important. But given an incentive to be efficient. not presently available under Medicare there is a better way to do this. The So we are going to reward them by because we know that we can more effi- fact is that the reimbursement system giving them a return on the amount ciently deliver the service than the as it is presently structured is out of that they save, and at the same time senior is presently getting on fee-for- kilter. For health care services which we are going to say to the marketplace service.’’ are identical—and in some cases they we are no longer going to dispropor- What I expect will happen and what I are better in the lower-cost States tionately reward inefficient areas at am pretty confident will happen and than the higher-cost States—the reim- the expense of efficient areas, and at what people who have looked at this in bursements are not identical. They are the same time we are going to say to depth say will happen is that the mar- totally out of whack. the seniors, ‘‘You have a variety of op- ketplace will bring forward a variety of For example, there is a beneficiary tions to choose from. But, if you want different options from which seniors reimbursement in South Dakota of to stay where you are, and you are will have a choice. At the same time, about $200 per person. But on Staten Is- happy where you are, you can do that.’’ we will give seniors an incentive to go land it cost about $767 per person. So how does this help the Federal out and look at those choices because Studies by Dr. Weinberg at Dartmouth, Government in the end? How does this what we will say to seniors is, ‘‘Listen, and a number of other professionals, get Medicare costs under control? It today, we pay about $4,800 a year for have concluded that the service isn’t basically amounts to a major struc- your health care per senior. You, sen- any better but that it is simply an tural reform of the system. It is not ior citizen, to the extent you choose a issue of regional disparity. And in fact playing at the edges the way the Presi- health care delivery service,’’ which, in New Hampshire, which happens to be dent proposes. It is a major structural again, has to have the core delivery one of the lowest-cost health care reform. In the end we will have brought services that you presently get so they States in the country—a little more the marketplace into the system, we cannot reduce their price because they than South Dakota but not much will have created an atmosphere where are not delivering you what you need,’’ more—we are rated the No. 1 State in seniors will be looking at a variety of to the extent you choose a delivery the country for health care delivery choices for health care, and where effi- service which costs less than $4,800, we systems. Yet, our delivery systems are ciency will be something that will have will let you, the senior, keep 75 percent done at a cost which is one-third the to be undertaken by the provider of the savings.’’ price of what it cost on Staten Island. groups. They are going to be able to So if the annual premium of an HMO So this regional disparity has basi- get the seniors’ participation, and supplying seniors with the same serv- cally penalized States and areas that those seniors today who are in their ice is say $4,500 and the senior chooses are trying to be efficient and effective fee-for-service probably are not going to go with that HMO because the sen- in delivering their health care. to opt into this overly aggressively be- ior maybe has a family member—a son Take Hawaii, for example. Hawaii cause they were raised in the 1950’s and or daughter who is working and a has one of the highest costs of living in 1960’s with fee-for-service. We under- member of that HMO—and the son or the country because of the fact that it stand that. But what we also under- daughter say, ‘‘They can give us pretty is an island, and everything has to be stand is that the coming generation of good service,’’ that senior will get to shipped in, I guess. But at the same seniors has been in a workplace envi- keep the difference between $4,800 and time Hawaiian medical care is one of ronment where the variety of health $4,500, or $300. That senior will get to the most efficient cost delivery sys- care service delivery system has been keep 25 percent of that difference, and tems in the country. So they are penal- available to them. They are com- 75 percent will be returned to the trust ized. Those health care systems are pe- fortable with a variety of health care fund. nalized by a lower reimbursement rate. delivery systems. And as such they are So what we have created here is a What we suggest—and this is a com- not going to shy away from taking ad- market event where a senior citizen plicated issue—we are suggesting that vantage of the marketplace.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S883 So, as we go down the road we will been able to file for permanent resi- enthusiastic support from prominent get the type of savings we need. We dency in this country. While I do not judges and scholars. will see that rate of growth reduced intend to introduce many private relief To underscore the need for this legis- from 10 percent back to 6 or 7 percent. bills, because of Senator Hatfield’s in- lation, as well as its importance, I can That is still a substantial rate of volvement in this matter and Ms. do no better than quote from Judge growth. Then we will have put in place Barbeau-Quinn’s compelling case, I Diarmuid F. O’Scannlain, who has something that can give us a long-term think it is appropriate that the Senate served with distinction on the Ninth lasting hope for restructure of reform, pass legislation to ensure that Ms. Circuit since his appointment by Presi- or reform in the Medicare trust fund in Barbeau-Quinn remains a member of dent Reagan in 1986. In a recent sympo- order to avoid the bankruptcy. If we do the Portland community for many sium in the Montana Law Review, ∑ not do this, the trust fund part A goes years to come. Judge O’Scannlain wrote in favor of bankrupt. It is that simple. That is not By Mrs. FEINSTEIN (for herself the study commission bill offered last acceptable. year: If we do not undertake structural re- and Mr. REID): form, if we simply undertake the re- S. 248. A bill to establish a Commis- As one member of the Court of Appeals sion on Structural Alternatives for the most affected, I view [a study commission] form at the margins, like the President as a far superior alternative to [a bill that] has proposed, we put off that bank- Federal Courts of Appeals; to the Com- mittee on the Judiciary. would have immediatedly divided the Ninth ruptcy maybe for 2, 3, or 4 years. But it Circuit. The [study commission] bill also THE STRUCTURAL ALTERNATIVES FOR THE FED- still occurs. Our obligation as policy- provides an historic opportunity to develop a ERAL COURTS OF APPEALS COMMISSION ES- makers is to make the more funda- comprehensive blueprint for the structure of TABLISHMENT ACT OF 1997 mental broader changes that are need- the federal courts of appeals generally, and Mrs. FEINSTEIN. Mr. President, the Ninth Circuit in particular, for the 21st ed for a long-term solution to this today, with my distinguished col- problem. And this is one major step in Century. No comprehensive review of the league, HARRY REID, I am introducing structure of the federal courts has been un- that direction. S. 248, a bill to establish a Commission dertaken since the study chaired by . . . Sen- Mr. President, I appreciate your time on Structural Alternatives for the Fed- ator Roman Hruska of Nebraska in the 1970s and yield the floor. eral Courts of Appeals. (the ‘‘Hruska Commission’’), and in my view The PRESIDING OFFICER. The Sen- The Commission proposal emerged such a review is most timely. ator from Utah. last year during a debate over a con- Chief Judge Proctor Hug., Jr. of the Mr. HATCH. Mr. President I really troversial bill to divide the Ninth Cir- enjoyed the remarks of my distin- Ninth Circuit, also writing in the Mon- cuit Court of Appeals. As a result of tana Law Review symposium, observed: guished colleague from New Hamp- that discussion, it became clear to me shire. He makes a lot of very telling and the majority of my colleagues that Based upon its prior experience with the and important points in the field of there was no consensus on how best to academic community and the benefits ob- health care. I think he deserves to be tained from their insightful recommenda- resolve the problem of caseload growth tions, the Ninth Circuit strongly supported listened to, as certainly the distin- in the U.S. courts. The idea of a study guished doctor sitting in the chair, the Senator Dianne Feinstein’s proposed legisla- commission gained broad support and tion to establish a study commission . . . to Presiding Officer. As everybody knows, has independent merit. take a full and fair look at the entire federal he has great interest in health care Legislation to form a study commis- appellate system and to make recommenda- matters. sion was approved twice by the Senate tions to the Congress for how and where to And I just want to say that I appre- in the 104th Congress: in March 1996 as make reforms. ciate the work of both of these Sen- a stand-alone bill, and later in the ses- Another participant in the sympo- ators, the Senator from New Hamp- sion as part of the Senate amendments sium was Prof. Arthur D. Hellman of shire and the Senator from Tennessee, to H.R. 3610, the Omnibus Consolidated the University of Pittsburgh School of in this area. Appropriations Act of 1997. Although Law, a leading national authority on the Senate amendment was not in- By Mr. WYDEN (for himself and the Federal appellate courts. Professor cluded in the final version of H.R. 3610 Mr. GORDON H. SMITH): Hellman wrote: signed by the President on September S. 247. A bill for the relief of Rose- 23, 1996, the initial funding for the . . . Congress should proceed systemati- Marie Barbeau-Quinn; to the Com- Commission was appropriated therein. cally by creating a new, focused commission mittee on the Judiciary. to examine the problems of the entire appel- The authorizing legislation deserves a late system and make recommendations that PRIVATE RELIEF LEGISLATION speedy enactment by the 105th Con- will serve the country for the long run. ∑ Mr. WYDEN. Mr. President, I intro- gress. duce private relief legislation for Ms. The Commission legislation we are In a similar vein, Prof. Carl Tobias of Rose-Marie Barbeau-Quinn. Senator offering today is evenhanded, fair, and the University of Montana Law School, Hatfield championed Ms. Barbeau- genuinely bipartisan. It will consist of a respected scholar of Federal proce- Quinn’s cause in the 104th Congress, two members appointed by the Chief dure, has written in the National Law and at his request and the request of Justice of the United States, two mem- Journal: many in the Portland area, I and Sen- bers appointed by the President, two A preferable route would be to appoint a ator SMITH are now picking up the leg- members appointed by the majority national commission to seek solutions to the islation to make Ms. Barbeau-Quinn a leader of the Senate, two members ap- problems of the appellate system as it is cur- citizen of this country. pointed by the minority leader of the rently constituted, and ways of handling its Ms. Barbeau-Quinn, a native of Can- Senate, two members appointed by the increasing dockets with efficiency. Careful ada, is a long time member of the Port- Speaker of the House of Representa- study should provide sufficient information land community and resident of Or- tives, and two members appointed by to make a fully informed decision . . . The time is now ripe for Congress to authorize egon. She lived in Portland with her the minority leader of the House of such a study, rather than engage in piece- now deceased husband, Mr. Michael Representatives. meal reform. Quinn since 1976, and together they ran The object is to have a balanced the Vat and Tonsure Tavern, a unique group of individuals who will examine THE COMMISSION and respected restaurant in the Port- the issues fairly and give full consider- Our bill directs the Commission to land area. While Ms. Barbeau-Quinn ation of all relevant perspectives. With study ‘‘the present division of the and her husband lived together for over a balanced membership, we can be con- United States into the several judicial 16 years, they did not actually marry fident that the Commission’s rec- circuits.’’ Next, the statute calls for a until shortly before Michael Quinn’s ommendations will be given due weight study of ‘‘the structure and alignment death in 1991. by all three branches of the National of the Federal Court of Appeals system, Since Oregon does not recognize com- Government. with particular reference to the Ninth mon law marriage, and Ms. Barbeau- BROAD SUPPORT FOR A STUDY COMMISSION Circuit.’’ Finally, the Commission Quinn was not married the 2 years re- The proposal for a study commission must ‘‘report to the President and the quired by immigration law, she has not on Federal appellate structure has won Congress its recommendations for such

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S884 CONGRESSIONAL RECORD — SENATE January 30, 1997 changes in circuit boundaries or struc- tial proposal. I made clear my opposi- that I think is unfortunately nec- ture as may be appropriate for the ex- tion to the proposed split last year, and essary, unfortunately because HMO’s peditious and effective disposition of I am still convinced that such an un- and insurance carriers—and I don’t the caseload of the Federal Courts of necessary and costly venture is unwar- mean this for all, but we are seeing a Appeal, consistent with fundamental ranted. However, I have agreed to the growing tendency—are doing the kinds concepts of fairness and due process.’’ establishment of a commission to of things nobody would have imagined, The language of the statute leaves no study the judicial circuits, the struc- and they are doing it and interfering doubt that one task of the Commission ture and alignment of the Federal with good, sound medical care, because would be to undertake a careful, objec- court of appeals system, and to report they are more interested in the bottom tive analysis of the arguments raised to the President and the Congress its line. by proposals to divide the ninth cir- recommendations for such changes in Indeed, there are some who are al- cuit. However, it is equally clear that the circuit boundaries or structure as ready beginning to drumbeat against the Commission’s mandate is not lim- may be appropriate for the expeditious health maintenance organizations per ited to the ninth circuit or to the de- and effective disposition of the case- se, and we would be losers, because lineation of circuit boundaries gen- load of the Federal courts of appeal. there are important innovations and erally. This reflects the fact that cir- Today, Senator FEINSTEIN and I are savings that can be made, but those cuit alignment is one of a set of inter- introducing a bill to create this com- savings and innovations should not be related structural arrangements that mission. The commission makeup is made at the expense of the traditional govern the operation of the courts of fair, evenhanded, and bipartisan. It will and important and sacred—sacred— appeal. consist of two members appointed by right that a patient should have with To ensure expeditious consideration the President, two members appointed their physician. of the issues at all levels, S. 248, con- by the Chief Justice of the United Maybe it takes the specter of cancer tains three important deadlines. Sec- States, two members appointed by the and breast cancer, in particular, be- tion 2(b) requires that appointment of majority leader of the Senate, two cause people are concerned and it is a members be made within 60 days of en- members appointed by the minority fright, to get people to focus on what is actment. Section 6 requires the Com- leader of the Senate, two members ap- taking place, and that is insurance car- mission to submit its report within 2 pointed by the Speaker of the House of riers placing arbitrary limits on pa- years of the date on which its seventh Representatives, and two members ap- tients as it relates to the length of stay member is appointed. Section 7 re- pointed by the minority leader of the or time that they can use a medical fa- quires that the Senate Judiciary Com- House of Representatives. I think this cility, a hospital. mittee act on the report no later than is the most fair and equitable way to It is interesting and, indeed, ironic 60 days after submission. study this issue. that as I make these remarks, the pre- There are three reasons why the In today’s environment of fiscal belt siding officer who sits in the chair and Commission should be given 2 years in tightening, it is crucial that we care- presides over the Senate today is a dis- which to carry out its work. First, be- fully scrutinize proposals such as split- tinguished Senator and a distinguished fore the Commission can formulate its ting a judicial circuit. It is necessary citizen who spent so much of his life in that we curtail the development of recommendations, it will have to se- the area of healing and of practicing costly Federal proposals and engage in cure informed, objective answers to medicine and who knows better than I. studied cost-benefit analysis before we specific and difficult questions. These I am so pleased to be able to have his create new programs. There are many questions cannot be answered merely counsel and to share these thoughts unanswered questions in splitting the through contemplation, or even by con- with him today personally. Ninth Circuit Court of Appeals. What sultation with experts. They will re- While I introduce this legislation on are the costs associated with such a di- quire research, and research takes behalf of 16 colleagues in the Senate of vision? Will this require the construc- time. the United States and 20-plus Rep- tion of new courthouses and hiring of Second, an important part of Com- resentatives in the House, Democrats additional judges? If so, how many and mission process is obtaining public and Republicans—totally bipartisan—I how much? And what are the benefits input. In particular, at an appropriate do not suggest that this is the cure-all of a division? The commission we pro- stage in its deliberations, the Commis- for what we see taking place. Indeed, pose will answer all of these questions sion should issue a draft report for pub- we have specifically limited this legis- before we even consider any possible lic comment. Responses from constitu- lative initiative. division. Further, the commission will encies should be taken into account in There were calls and outcries that examine the structure and function of HMO’s and insurance carriers be re- formulating the final recommenda- all the Federal courts of appeal. tions. This is a reasonable proposal for the quired to provide at least a minimum Third, the 2-year timespan is sup- establishment of a vital commission. I of time as it relates to mastectomies. ported by the experience of other com- urge my colleagues to support this bill. Many in the medical profession came missions, such as the Hruska Commis- forward and said, ‘‘We think that is the sion of 1973 and Bankruptcy Commis- By Mr. D’AMATO (for himself, worst kind of legislation. We would sion of 1994. It may be argued that if, as Ms. SNOWE, Mrs. FEINSTEIN, Mr. rather see no time, nor do we think with the Hruska Commission, the ini- HOLLINGS, Mr. MOYNIHAN, Mr. that the health providers should be set- tial deadline proves unworkable, Con- DOMENICI, Mr. FAIRCLOTH, Ms. ting times.’’ gress can always extend it. But that is MOSELEY-BRAUN, Mr. BIDEN, That is a larger debate for a larger the wrong lesson to be drawn from the Mr. INOUYE, Mr. MURKOWSKI, area, but I subscribe to that, and I experience of the Hruska Commission. Mr. DODD, Mr. KERREY, Mr. think that we should say very clearly It is far more efficient to provide ini- HATCH, Mr. GREGG, Mr. SMITH, here in the U.S. Senate and Congress, tially for the 2-year lifespan than to and Mr. FORD): By gosh, insurance carriers should not put everyone to the time and effort of S. 249. A bill to require that health be saying, ‘‘If there is a particular dis- seeking an extension later. plans provide coverage for a minimum ease, we are only going to insure you Our proposed Commission will be hospital stay for mastectomies and up to X hours.’’ fair, and it will have sufficient time to lymph node dissection for the treat- What happens if there is a complica- conduct a credible study. The Commis- ment of breast cancer, coverage for re- tion? It may be that a procedure, sion will help determine the proper constructive surgery following whether it be a mastectomy or whether course for the future of our national ju- mastectomies, and coverage for sec- it be prostate cancer or whether it be diciary, and therefore I urge my distin- ondary consultations; to the Com- some other disease, that ordinarily, guished colleagues to support S. 248. mittee on Finance. under normal circumstances, there is Mr. REID. Mr. President, the issue of THE WOMEN’S HEALTH AND CANCER RIGHTS ACT an average length of time. It might be whether to divide the Ninth Circuit OF 1997 1 day, 2 days, 3 days. But who is to say, Court of Appeals is one in which I have Mr. D’AMATO. Mr. President, I come if there is a complication and it takes been very involved with since the ini- here today and rise to introduce a bill 6 days or 2 weeks, are we then going to

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S885 say something that ordinarily would be If the doctor and the attending physi- So we provide that HMO’s and insur- covered in insurance policies, that cian recommended a second opinion, ance carriers must make this avail- somehow because someone has adopted our legislation says the company must able. It is not an option that they can a rule—and why they have adopted pay for that. If that physician feels just simply turn away. that rule; I don’t know how they can that there is a need to get some spe- The title of our bill is called the practice that, they are not practi- cialist outside of the organization, out- ‘‘Women’s Health and Cancer Rights tioners—that we are going to exclude side of that HMO, the company must Act of 1997.’’ you if you go over that period of time? pay for that. What do we say to the av- Mr. President, I rise today to intro- This is wrong. This should not be the erage worker who has no independent duce the Women’s Health and Cancer way in which we attempt to manage resources who can’t pay $500 or $1,000, Rights Act of 1997. This important re- health care costs, and it is, I believe, or whatever it might be for that spe- form legislation will significantly taken by many people to mean the cialist, for that second opinion? You change the way insurance companies greed of the industry. cannot have it? provide coverage for women diagnosed The fact that there are now today So, Mr. President, we provide that with breast cancer. The problem of the many in the HMO business, some al- with respect to this particular disease. so-called drive-through mastectomies most startup companies overnight, I believe we should go further, and I must be eliminated from our society. making millions and millions of dol- think in the fullness of the discussions Physicians must not be forced to have lars—I am not against profits, but if and the legislative actions that this their best medical judgment ques- you are going to make profits by deny- Congress will undertake that we will tioned by insurance companies who put ing adequate basic medical treatment, examine this, and your committee, the their bottom line before a woman’s then that is wrong, that is immoral Health Committee, in particular will health. The women of New York and and we in the Congress of the United be looking at it. America deserve better. States have a business to do something But I think certainly at this time we Today, there are 2.6 million women about it. should begin to say, Listen, as it re- living with breast cancer. In 1997 alone, I know there are going to be those lates to this particular disease of can- more than 184,000 women will be diag- who say let the marketplace work, let cer, where the treating and attending nosed with breast cancer and, trag- free competition work. Well, that is physician recommends a second opin- ically, 44,000 women will die of this naive. To simply say that by insisting ion, that patient should have the abil- dreaded disease. Breast cancer is still on a minimum standard, that mini- ity and the right to be covered and the most common form of cancer in mums be observed, that no one inter- have that second opinion. women; every 3 minutes another feres with the patient and that very I am going to relate two specific ex- woman is diagnosed and every 11 min- special relationship with the doctor— amples, because we have spent some utes another woman dies of breast can- we are now seeing that taking place, time in shaping and putting together cer. The D’Amato-Feinstein-Snowe leg- because there are those carriers who this legislation and it is by no ways islation makes critically important are punishing doctors, punishing them written in stone or steel. It is in the changes in how breast cancer patients by denying them adequate compensa- sand, it is something to be looked at, receive medical care. tion or penalizing them by denying something to be worked with. I look Specifically, the bill requires health them moneys they otherwise would forward to the help and recommenda- insurance companies to cover an un- have because they recommend treat- tions of the distinguished Senator from limited stay in the hospital following ments that may cost that insurance Tennessee, who presides today, on how mastectomies, lumpectomies, and carrier more but which they feel are we can improve and make this legisla- lymph node dissection for the treat- necessary for the safety, health, and tive effort a better one. ment of breast cancer when the attend- protection of their patients. Last, but not least, in the area of ing physician decides a longer stay is How dare we permit and countenance breast cancer in particular, one of the necessary. Every physician would have that kind of thing today? We know it is very shattering thoughts and a fear the freedom to prescribe longer stays going on, and to the health mainte- that women live with today is the fact when necessary, and the confidence nance organizations and to the insur- that they may be one of the eight who that insurers will not punish them for ance carriers who say it is not going on is diagnosed with breast cancer, and practicing sound medical treatment. and this legislation is not necessary, that is a national average. They are My bill would make it illegal to penal- well, if it is not necessary, don’t oppose concerned about the treatment that ize a doctor for following good medical it. It is that simple. If you are not pe- might permanently disfigure them and, judgment. The time for a hospital stay nalizing doctors or rewarding them be- therefore, it becomes absolutely imper- will no longer be an arbitrary deter- cause they hold back on treatments ative that, as a nation, we indicate to mination made on the basis of saving that might cost more and which are people that there are courses of treat- money. necessary, then why should you be opment that cannot only save a life but, Another important provision of the posed to it? If you are not arbitrarily indeed, do not have to be disfiguring, D’Amato-Feinstein-Snowe bill ensures limiting the time that a patient may and in this way, as it relates to breast that mastectomy patients will have ac- have or necessary treatments, then cancer in particular, have more women cess to reconstructive surgery. Scores why would you be opposed to it? coming in for early diagnosis and of women have been denied reconstruc- This legislation basically says you treatment and avoid, No. 1, death, and, tive surgery following mastectomies cannot do that, you cannot prescribe 48 No. 2, disfigurement, because we pro- because insurers have deemed the pro- hours as it relates to mastectomies. vide that breast cancer reconstruction cedure cosmetic and not medically nec- You cannot deny that doctor-patient and that reconstructive surgery not be essary. It is absolutely unacceptable relationship by penalizing a doctor. We considered cosmetic. and wrong that many insurers deem say you are not permitted to do that, If someone loses an ear, that surgery this essential surgery as cosmetic, and or rewarding a doctor on the basis of is not considered cosmetic. However, it is a practice that must be changed. cost-effectiveness. incredibly, we find insurance carriers The Women’s Health and Cancer In a third provision, we say that denying reconstruction on the basis Rights Act also includes a unique pro- when it comes to the devastating dis- that it is cosmetic. So we create a dou- vision for coverage of second opinions ease and the specter of cancer, not only ble tragedy by denying women who by specialists. The bill would require breast cancer, but prostate cancer—all have that disease and who don’t have health care providers to pay for sec- cancers—that people are entitled to a the ability to pay for reconstruction ondary consultations when cancer tests second opinion. There is not anyone I the ability to have that. And, second, come back either negative or positive. know who, if they faced a diagnosis and and probably just as important, there This important provision will help were given a particular course of treat- are many who will not go for early di- identify false negatives as well as false ment that would be suggested, that agnosis, and, therefore, the treatment positives. Additionally, if the attend- they would not look for a second opin- is not available to them until it is too ing physician recommends consulta- ion. That is fact. late. That has to be avoided. tion by a specialist not covered by the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S886 CONGRESSIONAL RECORD — SENATE January 30, 1997 health plan, the bill would allow the I put the phone down, shaking, and called were both denied by my health care plan. My doctor to make such a referral at no her [that is, his patient] to discuss this with reconstruction was denied last April as not additional cost to the patient. her, and her 10-year-old son answered the medically necessary. This legislation is particularly im- phone. I said who I was and he said, calling She went on to say she was able to to his mother, ‘‘Mommy, your doctor is on eventually get this surgery. She said: portant for the women of Long Island. the phone.’’ I knew at that moment that the I am concerned that other women do not Our families have been ravaged by this discussion that she could not get the care have these kinds of resources. I would like to horrible disease. Our grandmothers, that was appropriate was not what I was touch, although personal, on the importance mothers and daughters, sisters and going to say. Through enormous efforts, and of reconstructive surgery for women who opt through the support of my terrific institu- wives, children and friends have been to have reconstruction surgery. My mastec- tion, [we] were able to provide her that care afflicted at rates that are unexplained tomy was clinically curative surgery, but my and far too high. and things turned out very well for her, as reconstruction was emotionally healing. We must continue to work together we could have anticipated. There is no longer a reminder every day of to find a cure for breast cancer. But The doctor goes on to say: my cancer. When I get dressed in the morn- until a cure is found, we must ensure The point is that there is a holy alliance ing, in an intimate moment with my hus- that women receive the treatment they between the doctor and the patient, and the band, if I have my nightgown on at home deserve. This legislation protects entire structure of medicine is because of with my kids, I look normal and I feel nor- that holy alliance. It is a religious experi- mal. If you lose an ear or a testicle, or part women and anyone ever diagnosed with ence [a religious experience] to take care of of your face to cancer, there is no question cancer. It is the most comprehensive a patient well and, if you feel any less moti- that reconstruction is covered. Yet denials bill introduced in the Senate and I am vation, you are not [going to be] doing your for breast [cancer] reconstruction are serious proud to offer it today. job as a physician. We feel that kind of moti- and they are rising. I want to thank Senator FEINSTEIN vation here. We are living in an era where a For a disease with the magnitude of can- and Senator SNOWE for the contribu- lot of steps are coming between the doctors cer, it is very important to have access to tions that they have made as it relates and the patients. Their motivations are not second opinions and to be able to [go] outside to helping prepare this legislation. The necessarily the same motivations that have your HMO, if necessary, for the kind of ex- driven us to this point of advance. pertise you need. To my surprise, and to the Women’s Health and Cancer Rights Act What we see before us today... surprise of my physicians within my plan, is important. It is important again He talks about legislation and the my plan adamantly refused to authorize my that we preserve adequate, decent, af- fact that it was a bipartisan effort to second opinion. I paid for my second opinion fordable medical care and not tamper myself, not all women have these resources protect that relationship, that special with that sacred relationship that . . . No family should be forced to assume relationship that I know that the should be preserved between a doctor this kind of responsibility. President understands well. Then she goes on to say something. and his patient. Again, we are going to hear cries of I would like, if I might, to share with When I was in the hospital after my sur- intrusion, or about the marketplace. the Senate the remarks of a great surgery . . . [the nurses] actually cringed [the Well, since when do you tell me we do geon, Dr. Larry Norton, Chief of Breast people responsible for taking care of me] and not have a right to set basic mini- Cancer Medicine at Sloan Kettering, looked upset when they changed my dress- mums? We do that in many areas. We ing. I spoke candidly to my husband, who is one of the great cancer hospitals in do that as it relates to quality of food. loving and caring and goes with me to most this Nation. He is reflecting about a We do that as it relates to protecting of my medical appointments, and he felt that patient. I will not read all of it. He our drinking water. We certainly have he could not have handled the emotional or tells why, I think, this legislation is so a right to say you cannot interfere the clinical responsibility of helping with necessary. He said: drains and bandages. The appropriate length with that special relationship by pun- of stay is critically needed and the language There was a patient that I saw on a second ishing a doctor because he is giving opinion not too long ago who paid herself for in the bill to ensure that the appropriate a second opinion because her what he feels is the proper medical ad- stay for each individual is met is vital. HMO...wouldn’t [do that]. I saw her and vice and withholding from him and What she is saying is that if she had told her about a therapy that was very sci- having him think that he may be pe- been discharged, her husband could not entifically based that we thought was supe- nalized. That is wrong. That is wrong. have taken care of her. And you just rior here, in fact clinical trials have dem- Mr. President, I want to share an- simply cannot set a time limit. onstrated to be superior, and it has become other experience. When we initially Mr. President, I want to offer that a standard now, throughout the United talked about introducing this bill, we bill. I send it to the desk with the co- States.... we offered her that particular did not talk about breast cancer recon- treatment. sponsors. I commend all of my col- Speaking to the person on the other end of struction. And I got a call from the ex- leagues to join in this legislative ef- the phone at her managed care plan, and I ecutive director of the American Col- fort. It is one that we will be serious managed to work my way up to the physi- lege of Obstetricians and Gynecologists and purposeful for. I hope we can have cian level through several clerical lev- of New York, a remarkable woman by hearings sooner rather than later. els.... the name of Mary McCarthy. She said, Again, as I said, this is totally bipar- Here is the chief of surgery at Sloan ‘‘Senator, we’ve been making studies.’’ tisan in nature. Cancer does not look Kettering Memorial calling an HMO to She was a person who brought to our to see the politics of its victims. In suggest this course of treatment. I attention, Senator FEINSTEIN and Sen- particular, we address some of the want to describe what is going on. He ator SNOWE, and others, the fact that major concerns as they relate to can- had to call clerk after clerk after there was this great problem of insur- cer. But I think problems that we have clerk, and he finally got someone who ance carriers not providing for recon- go well beyond this. This is something was a physician. By the way, most peo- structive surgery when it came to the that this Congress should become in- ple cannot do that and they cannot breast and considering it as cosmetic. volved in, the vital interest of the work through that. And he was told Let me just read to you her words health of all of our citizens. that they would not pay for the care. which communicate the problem. Not Mr. President, I ask unanimous con- He went on to say—and this is the only is she the executive director of sent that the text of the bill be printed person on the other end: the American College of Obstetricians in the RECORD. . . . Dr. Norton, we are not saying... and Gynecologists of New York, she There being no objection, the bill was Imagine, this is an HMO, a doctor on goes on to say: ordered to be printed in the RECORD, as the other side of the HMO. He is say- I am a breast cancer patient myself. I follows: would like to share [with you] my experi- S. 249 ing: ences on the three major subjects within the . . . Dr. Norton, we are not saying that [it] Be it enacted by the Senate and House of Rep- bill, the mastectomy surgery, the recon- resentatives of the United States of America in is not the right treatment, we are just say- structive surgery and the second opinion. ing that we are not going to pay for it. Congress assembled, She says: SECTION 1. SHORT TITLE. By the way, what I am reading to you I thought I was very well informed on This Act may be cited as the ‘‘Women’s is testimony he gave publicly about 10 health care and I thought I had excellent Health and Cancer Rights Act of 1997’’. days ago in New York at Sloan Memo- health care coverage. Yet my own recon- SEC. 2. FINDINGS. rial. He went on to say: structive surgery and my second opinion Congress finds that—

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(1) the offering and operation of health by the Secretary. Such notice shall be in (c) EFFECTIVE DATES.— plans affect commerce among the States; writing and prominently positioned in any (1) IN GENERAL.—The amendments made by (2) health care providers located in a State literature or correspondence made available this section shall apply with respect to plan serve patients who reside in the State and or distributed by the plan or issuer and shall years beginning on or after the date of enact- patients who reside in other States; and be transmitted— ment of this Act. (3) in order to provide for uniform treat- ‘‘(1) in the next mailing made by the plan (2) SPECIAL RULE FOR COLLECTIVE BAR- ment of health care providers and patients or issuer to the participant or beneficiary; GAINING AGREEMENTS.—In the case of a group among the States, it is necessary to cover ‘‘(2) as part of any yearly informational health plan maintained pursuant to 1 or health plans operating in 1 State as well as packet sent to the participant or beneficiary; more collective bargaining agreements be- health plans operating among the several or tween employee representatives and 1 or States. ‘‘(3) not later than January 1, 1998; more employers ratified before the date of SEC. 3. AMENDMENTS TO THE EMPLOYEE RE- whichever is earlier. enactment of this Act, the amendments TIREMENT INCOME SECURITY ACT ‘‘(e) SECONDARY CONSULTATIONS.— made by this section shall not apply to plan OF 1974. ‘‘(1) IN GENERAL.—A group health plan, and years beginning before the later of— (a) IN GENERAL.—Subpart B of part 7 of a health insurance issuer providing health (A) the date on which the last collective subtitle B of title I of the Employee Retire- insurance coverage in connection with a bargaining agreements relating to the plan ment Income Security Act of 1974 (as added group health plan, that provides coverage terminates (determined without regard to by section 603(a) of the Newborns’ and Moth- with respect to medical and surgical services any extension thereof agreed to after the ers’ Health Protection Act of 1996 and provided in relation to the diagnosis and date of enactment of this Act), or amended by section 702(a) of the Mental treatment of cancer shall ensure that full (B) January 1, 1998. coverage is provided for secondary consulta- Health Parity Act of 1996) is amended by For purposes of subparagraph (A), any plan tions by specialists in the appropriate med- adding at the end the following new section: amendment made pursuant to a collective ical fields (including pathology, radiology, ‘‘SEC. 713. REQUIRED COVERAGE FOR MINIMUM bargaining agreement relating to the plan and oncology) to confirm or refute such diag- HOSPITAL STAY FOR which amends the plan solely to conform to nosis. Such plan or issuer shall ensure that MASTECTOMIES AND LYMPH NODE any requirement added by this section shall DISSECTIONS FOR THE TREATMENT full coverage is provided for such secondary not be treated as a termination of such col- OF BREAST CANCER, COVERAGE consultation whether such consultation is FOR RECONSTRUCTIVE SURGERY based on a positive or negative initial diag- lective bargaining agreement. FOLLOWING MASTECTOMIES, AND nosis. In any case in which the attending SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH COVERAGE FOR SECONDARY CON- physician certifies in writing that services SERVICE ACT RELATING TO THE SULTATIONS. GROUP MARKET. necessary for such a secondary consultation ‘‘(a) INPATIENT CARE.— (a) IN GENERAL.—Subpart 2 of part A of are not sufficiently available from special- ‘‘(1) IN GENERAL.—A group health plan, and title XXVII of the Public Health Service Act ists operating under the plan with respect to a health insurance issuer providing health (as added by section 604(a) of the Newborns’ whose services coverage is otherwise pro- insurance coverage in connection with a and Mothers’ Health Protection Act of 1996 vided under such plan or by such issuer, such group health plan, that provides medical and and amended by section 703(a) of the Mental plan or issuer shall ensure that coverage is surgical benefits shall ensure that inpatient Health Parity Act of 1996) is amended by provided with respect to the services nec- coverage with respect to the treatment of adding at the end the following new section: essary for the secondary consultation with breast cancer is provided for a period of time any other specialist selected by the attend- ‘‘SEC. 2706. REQUIRED COVERAGE FOR MINIMUM as is determined by the attending physician, HOSPITAL STAY FOR ing physician for such purpose at no addi- in consultation with the patient, to be medi- MASTECTOMIES AND LYMPH NODE tional cost to the individual beyond that cally appropriate following— DISSECTIONS FOR THE TREATMENT which the individual would have paid if the ‘‘(A) a mastectomy; OF BREAST CANCER, COVERAGE specialist was participating in the network FOR RECONSTRUCTION SURGERY ‘‘(B) a lumpectomy; or of the plan. FOLLOWING MASTECTOMIES, AND ‘‘(C) a lymph node dissection for the treat- ‘‘(2) EXCEPTION.—Nothing in paragraph (1) COVERAGE FOR SECONDARY CON- ment of breast cancer. shall be construed as requiring the provision SULTATIONS. ‘‘(2) EXCEPTION.—Nothing in this section of secondary consultations where the patient ‘‘(a) INPATIENT CARE.— shall be construed as requiring the provision determines not to seek such a consultation. ‘‘(1) IN GENERAL.—A group health plan, and of inpatient coverage if the attending physi- ‘‘(f) PROHIBITION ON PENALTIES OR INCEN- a health insurance issuer providing health cian and patient determine that a shorter pe- TIVES.—A group health plan, and a health in- insurance coverage in connection with a riod of hospital stay is medically appro- surance issuer providing health insurance group health plan, that provides medical and priate. coverage in connection with a group health surgical benefits shall ensure that inpatient ‘‘(b) RECONSTRUCTIVE SURGERY.—A group plan, may not— coverage with respect to the treatment of health plan, and a health insurance issuer ‘‘(1) penalize or otherwise reduce or limit breast cancer is provided for a period of time providing health insurance coverage in con- the reimbursement of a provider or specialist as is determined by the attending physician, nection with a group health plan, that pro- because the provider or specialist provided in consultation with the patient, to be medi- vides medical and surgical benefits with re- care to a participant or beneficiary in ac- cally appropriate following— spect to a mastectomy shall ensure that, in cordance with this section; ‘‘(A) a mastectomy; a case in which a mastectomy patient elects ‘‘(2) provide financial or other incentives ‘‘(B) a lumpectomy; or breast reconstruction, coverage is provided to a physician or specialist to induce the ‘‘(C) a lymph node dissection for the treat- for— physician or specialist to keep the length of ment of breast cancer. ‘‘(1) all stages of reconstruction of the inpatient stays of patients following a mas- ‘‘(2) EXCEPTION.—Nothing in this section breast on which the mastectomy has been tectomy, lumpectomy, or a lymph node dis- shall be construed as requiring the provision performed; and section for the treatment of breast cancer of inpatient coverage if the attending physi- ‘‘(2) surgery and reconstruction of the below certain limits or to limit referrals for cian and patient determine that a shorter pe- other breast to produce a symmetrical ap- secondary consultations; or riod of hospital stay is medically appro- pearance; ‘‘(3) provide financial or other incentives priate. in the manner determined by the attending to a physician or specialist to induce the ‘‘(b) RECONSTRUCTIVE SURGERY.—A group physician and the patient to be appropriate, physician or specialist to refrain from refer- health plan, and a health insurance issuer and consistent with any fee schedule con- ring a participant or beneficiary for a sec- providing health insurance coverage in contained in the plan. ondary consultation that would otherwise be nection with a group health plan, that pro- ‘‘(c) PROHIBITION ON CERTAIN MODIFICA- covered by the plan or coverage involved vides medical and surgical benefits with re- TIONS.—In implementing the requirements of under subsection (e).’’. spect to a mastectomy shall ensure that, in this section, a group health plan, and a (b) CLERICAL AMENDMENT.—The table of a case in which a mastectomy patient elects health insurance issuer providing health in- contents in section 1 of such Act, as amended breast reconstruction, coverage is provided surance coverage in connection with a group by section 603 of the Newborns’ and Mothers’ for— health plan, may not modify the terms and Health Protection Act of 1996 and section 702 ‘‘(1) all stages of reconstruction of the conditions of coverage based on the deter- of the Mental Health Parity Act of 1996, is breast on which the mastectomy has been mination by a participant or beneficiary to amended by inserting after the item relating performed; and request less than the minimum coverage re- to section 712 the following new item: ‘‘(2) surgery and reconstruction of the quired under subsection (a) or (b). ‘‘Sec. 713. Required coverage for minimum other breast to produce a symmetrical ap- ‘‘(d) NOTICE.—A group health plan, and a hospital stay for mastectomies pearance; health insurance issuer providing health in- and lymph node dissections for in the manner determined by the attending surance coverage in connection with a group the treatment of breast cancer, physician and the patient to be appropriate, health plan shall provide notice to each par- coverage for reconstructive sur- and consistent with any fee schedule con- ticipant and beneficiary under such plan re- gery following mastectomies, tained in the plan. garding the coverage required by this section and coverage for secondary con- ‘‘(c) PROHIBITION ON CERTAIN MODIFICA- in accordance with regulations promulgated sultations.’’. TIONS.—In implementing the requirements of

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this section, a group health plan, and a (b) EFFECTIVE DATES.— ‘‘(2) EXCEPTION.—Nothing in this section health insurance issuer providing health in- (1) IN GENERAL.—The amendments made by shall be construed as requiring the provision surance coverage in connection with a group this section shall apply to group health plans of inpatient coverage if the attending physi- health plan, may not modify the terms and for plan years beginning on or after the date cian and patient determine that a shorter pe- conditions of coverage based on the deter- of enactment of this Act. riod of hospital stay is medically appro- mination by a participant or beneficiary to (2) SPECIAL RULE FOR COLLECTIVE BAR- priate. request less than the minimum coverage re- GAINING AGREEMENTS.—In the case of a group ‘‘(b) RECONSTRUCTIVE SURGERY.—A group quired under subsection (a) or (b). health plan maintained pursuant to 1 or health plan that provides medical and sur- ‘‘(d) NOTICE.—A group health plan, and a more collective bargaining agreements be- gical benefits with respect to a mastectomy health insurance issuer providing health in- tween employee representatives and 1 or shall ensure that, in a case in which a mas- surance coverage in connection with a group more employers ratified before the date of tectomy patient elects breast reconstruc- health plan shall provide notice to each par- enactment of this Act, the amendments tion, coverage is provided for— ticipant and beneficiary under such plan re- made by this section shall not apply to plan ‘‘(1) all stages of reconstruction of the garding the coverage required by this section years beginning before the later of— breast on which the mastectomy has been in accordance with regulations promulgated (A) the date on which the last collective performed; and by the Secretary. Such notice shall be in bargaining agreements relating to the plan ‘‘(2) surgery and reconstruction of the writing and prominently positioned in any terminates (determined without regard to other breast to produce a symmetrical ap- literature or correspondence made available any extension thereof agreed to after the pearance; or distributed by the plan or issuer and shall date of enactment of this Act), or in the manner determined by the attending be transmitted— physician and the patient to be appropriate, ‘‘(1) in the next mailing made by the plan (B) January 1, 1998. and consistent with any fee schedule con- or issuer to the participant or beneficiary; For purposes of subparagraph (A), any plan amendment made pursuant to a collective tained in the plan. ‘‘(2) as part of any yearly informational ‘‘(c) PROHIBITION ON CERTAIN MODIFICA- bargaining agreement relating to the plan packet sent to the participant or beneficiary; TIONS.—In implementing the requirements of which amends the plan solely to conform to or this section, a group health plan may not ‘‘(3) not later than January 1, 1998; any requirement added by this section shall modify the terms and conditions of coverage whichever is earlier. not be treated as a termination of such col- based on the determination by a participant ‘‘(e) SECONDARY CONSULTATIONS.— lective bargaining agreement. or beneficiary to request less than the min- ‘‘(1) IN GENERAL.—A group health plan, and SEC. 5. AMENDMENT TO THE PUBLIC HEALTH imum coverage required under subsection (a) a health insurance issuer providing health SERVICE ACT RELATING TO THE IN- or (b). insurance coverage in connection with a DIVIDUAL MARKET. ‘‘(d) NOTICE.—A group health plan shall group health plan that provides coverage (a) IN GENERAL.—Subpart 3 of part B of provide notice to each participant and bene- with respect to medical and surgical services title XXVII of the Public Health Service Act ficiary under such plan regarding the cov- provided in relation to the diagnosis and (as added by section 605(a) of the Newborn’s erage required by this section in accordance treatment of cancer shall ensure that full and Mother’s Health Protection Act of 1996) with regulations promulgated by the Sec- coverage is provided for secondary consulta- is amended by adding at the end the fol- retary. Such notice shall be in writing and tions by specialists in the appropriate med- lowing new section: prominently positioned in any literature or ical fields (including pathology, radiology, ‘‘SEC. 2752. REQUIRED COVERAGE FOR MINIMUM correspondence made available or distrib- and oncology) to confirm or refute such diag- HOSPITAL STAY FOR uted by the plan and shall be transmitted— nosis. Such plan or issuer shall ensure that MASTECTOMIES AND LYMPH NODE ‘‘(1) in the next mailing made by the plan full coverage is provided for such secondary DISSECTIONS FOR THE TREATMENT to the participant or beneficiary; OF BREAST CANCER AND SEC- ‘‘(2) as part of any yearly informational consultation whether such consultation is ONDARY CONSULTATIONS. packet sent to the participant or beneficiary; based on a positive or negative initial diag- ‘‘The provisions of section 2706 shall apply or nosis. In any case in which the attending to health insurance coverage offered by a ‘‘(3) not later than January 1, 1998; physician certifies in writing that services health insurance issuer in the individual necessary for such a secondary consultation market in the same manner as they apply to whichever is earlier. ‘‘(e) SECONDARY CONSULTATIONS.— are not sufficiently available from special- health insurance coverage offered by a ‘‘(1) IN GENERAL.—A group health plan that ists operating under the plan with respect to health insurance issuer in connection with a provides coverage with respect to medical whose services coverage is otherwise pro- group health plan in the small or large group and surgical services provided in relation to vided under such plan or by such issuer, such market.’’. plan or issuer shall ensure that coverage is the diagnosis and treatment of cancer shall (b) EFFECTIVE DATE.—The amendment ensure that full coverage is provided for sec- provided with respect to the services nec- made by this section shall apply with respect ondary consultations by specialists in the essary for the secondary consultation with to health insurance coverage offered, sold, appropriate medical fields (including pathol- any other specialist selected by the attend- issued, renewed, in effect, or operated in the ogy, radiology, and oncology) to confirm or ing physician for such purpose at no addi- individual market on or after the date of en- refute such diagnosis. Such plan or issuer tional cost to the individual beyond that actment of this Act. which the individual would have paid if the shall ensure that full coverage is provided specialist was participating in the network SEC. 6. AMENDMENTS TO THE INTERNAL REV- for such secondary consultation whether ENUE CODE OF 1986. of the plan. such consultation is based on a positive or (a) IN GENERAL.—Chapter 100 of the Inter- ‘‘(2) EXCEPTION.—Nothing in paragraph (1) negative initial diagnosis. In any case in nal Revenue Code of 1986 (relating to group shall be construed as requiring the provision which the attending physician certifies in health plan portability, access, and renew- of secondary consultations where the patient writing that services necessary for such a ability requirements) is amended by redesig- determines not to seek such a consultation. secondary consultation are not sufficiently ‘‘(f) PROHIBITION ON PENALTIES OR INCEN- nating sections 9804, 9805, and 9806 as sec- available from specialists operating under TIVES.—A group health plan, and a health in- tions 9805, 9806, and 9807, respectively, and by the plan with respect to whose services cov- surance issuer providing health insurance inserting after section 9803 the following new erage is otherwise provided under such plan coverage in connection with a group health section: or by such issuer, such plan or issuer shall plan, may not— ‘‘SEC. 9804. REQUIRED COVERAGE FOR MINIMUM ensure that coverage is provided with respect ‘‘(1) penalize or otherwise reduce or limit HOSPITAL STAY FOR to the services necessary for the secondary the reimbursement of a provider or specialist MASTECTOMIES AND LYMPH NODE consultation with any other specialist se- because the provider or specialist provided DISSECTIONS FOR THE TREATMENT OF BREAST CANCER, COVERAGE lected by the attending physician for such care to a participant or beneficiary in ac- FOR RECONSTRUCTIVE SURGERY purpose at no additional cost to the indi- cordance with this section; FOLLOWING MASTECTOMIES, AND vidual beyond that which the individual ‘‘(2) provide financial or other incentives COVERAGE FOR SECONDARY CON- would have paid if the specialist was partici- to a physician or specialist to induce the SULTATIONS. pating in the network of the plan. physician or specialist to keep the length of ‘‘(a) INPATIENT CARE.— ‘‘(2) EXCEPTION.—Nothing in paragraph (1) inpatient stays of patients following a mas- ‘‘(1) IN GENERAL.—A group health plan that shall be construed as requiring the provision tectomy, lumpectomy, or a lymph node dis- provides medical and surgical benefits shall of secondary consultations where the patient section for the treatment of breast cancer ensure that inpatient coverage with respect determines not to seek such a consultation. below certain limits or to limit referrals for to the treatment of breast cancer is provided ‘‘(f) PROHIBITION ON PENALTIES.—A group secondary consultations; or for a period of time as is determined by the health plan may not— ‘‘(3) provide financial or other incentives attending physician, in consultation with ‘‘(1) penalize or otherwise reduce or limit to a physician or specialist to induce the the patient, to be medically appropriate fol- the reimbursement of a provider or specialist physician or specialist to refrain from refer- lowing— because the provider or specialist provided ring a participant or beneficiary for a sec- ‘‘(A) a mastectomy; care to a participant or beneficiary in ac- ondary consultation that would otherwise be ‘‘(B) a lumpectomy; or cordance with this section; covered by the plan or coverage involved ‘‘(C) a lymph node dissection for the treat- ‘‘(2) provide financial or other incentives under subsection (e).’’. ment of breast cancer. to a physician or specialist to induce the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S889 physician or specialist to keep the length of tion, I am pleased today to join with After a mastectomy, patients must inpatient stays of patients following a mas- Senator D’AMATO in introducing S. 249, cope with pain from the surgery, with tectomy, lumpectomy, or a lymph node dis- the Women’s Health and Cancer Rights psychological loss—the trauma of an section for the treatment of breast cancer Act of 1997. below certain limits or to limit referrals for amputation—and with drainage tubes. secondary consultations; or THE BILL These patients need medical care from ‘‘(3) provide financial or other incentives This bill does four things: trained professionals, medical care to a physician or specialist to induce the For treatment of breast cancer, it re- that they cannot provide themselves at physician or specialist to refrain from refer- quires insurance plans to allow physi- home. cians to determine the length of a pa- ring a participant or beneficiary for a sec- In the last 10 years, the length of ondary consultation that would otherwise be tient’s hospital stay according to med- covered by the plan involved under sub- ical necessity; and it requires health overnight hospital stays for section (e).’’. insurance plans to cover breast recon- mastectomies has declined from 4 to 6 (b) CONFORMING AMENDMENTS.— struction following a mastectomy. days to 2 to 3 days to, in some cases, no (1) Sections 9801(c)(1), 9805(b) (as redesig- For treatment of all cancers, it re- days. With the average cost of one day nated by subsection (a)), 9805(c) (as so redes- quires health insurance plans to cover in the hospital at $930, if insurance ignated), 4980D(c)(3)(B)(i)(I), 4980D(d)(3), and plans refuse to cover a hospital stay, 4980D(f)(1) of such Code are each amended by second opinions by specialists whether striking ‘‘9805’’ each place it appears and in- the initial diagnosis is positive or neg- patients are forced to go home. serting ‘‘9806’’. ative; and it prohibits insurance plans BREAST RECONSTRUCTION (2) The heading for subtitle K of such Code from financially penalizing or reward- is amended to read as follows: ing a physician for providing medically Insurance plans also refuse to cover ‘‘Subtitle K—Group Health Plan Portability, necessary care or for referring a pa- breast reconstruction. Our bill requires Access, Renewability, and Other Require- tient for a second opinion coverage. Breast reconstruction is an ments’’. TWO CALIFORNIA CASES important followup part of breast can- (3) The heading for chapter 100 of such I have received two letters from con- cer treatment and recovery. One study Code is amended to read as follows: stituents describing firsthand their found that 84 percent of patients were ‘‘CHAPTER 100—GROUP HEALTH PLAN treatment by insurance companies in denied insurance coverage for recon- PORTABILITY, ACCESS, RENEW- having a mastectomy. struction of the removed breast. Com- ABILITY, AND OTHER REQUIRE- mendably, my State has passed a law MENTS’’. Nancy Couchot, age 60, of Newark, CA, wrote me that she had a modified requiring coverage of breast recon- (4) Section 4980D(a) of such Code is amend- radical mastectomy on November 4, struction after a mastectomy. How- ed by striking ‘‘and renewability’’ and inserting ‘‘renewability, and other’’. 1996, at 11:30 a.m. and was released by ever, we need a national standard, cov- (c) CLERICAL AMENDMENTS.— 4:30 p.m. She could not walk and the ering all insurance policies. (1) The table of contents for chapter 100 of hospital staff did not help her ‘‘even SECOND OPINIONS COVERED such Code is amended by redesignating the walk to the bathroom.’’ She says, ‘‘Any items relating to sections 9804, 9805, and 9806 woman, under these circumstances, Another important feature of our bill as items relating to sections 9805, 9806, and should be able to opt for an overnight is insurance coverage of second opin- 9807, and by inserting after the item relating stay to receive professional help and ions for all cancers. The news of pos- to section 9803 the following new item: strong pain relief.’’ sible cancer is traumatic. It is a dread- Victoria Berck, of Los Angeles, wrote ed fear that we all live with daily. For ‘‘Sec. 9804. Required coverage for minimum hospital stay for mastectomies that she had a mastectomy and lymph this life-threatening disease for which and lymph node dissections for node removal at 7:30 a.m. on November there is no cure, more information is the treatment of breast cancer, 13, 1996, and was released from the hos- better than less. Expert advice is need- coverage for reconstructive sur- pital 7 hours later, at 2:30 p.m. Ms. ed to make all-important decisions. I gery following mastectomies, Berck was given instructions on how to believe it is reasonable to encourage and coverage for secondary con- empty two drains attached to her body people to have a second consultation sultations.’’. and sent home. She concludes, ‘‘No civ- with a specialist, by requiring insur- (2) The item relating to subtitle K in the ilized country in the world has mastec- ance plans to cover second opinions. table of subtitles for such Code is amended tomy as an outpatient procedure.’’ by striking ‘‘and renewability’’ and inserting These are but two examples of what, Patients often need specialty care. A ‘‘renewability, and other’’. unfortunately, is becoming a national December 1996 study reported in the (3) The item relating to chapter 100 in the nightmare—insurance plans interfering New England Journal of Medicine table of chapters for subtitle K of such Code with professional medical judgment found that specialty care improves the is amended by striking ‘‘and renewability’’ and refusing to cover hospital stays of outcome of heart attack patients. This and inserting ‘‘renewability, and other’’. should come as no surprise. Specialists (d) EFFECTIVE DATES.— mastectomy patients. (1) IN GENERAL.—The amendments made by NEED FOR THE BILL are knowledgeable about their field. A this section shall apply with respect to plan Increasingly, insurance companies California doctor pointed out that non- years beginning on or after the date of enact- are dropping and reducing inpatient specialists may order a ‘‘battery of un- ment of this Act. hospital coverage of mastectomies. necessary and sometimes invasive and (2) SPECIAL RULE FOR COLLECTIVE BAR- This is beyond the pale. It is uncon- risky examinations’’ for patients. GAINING AGREEMENTS.—In the case of a group scionable. Thus, incentives that discourage the health plan maintained pursuant to 1 or use of specialists or referrals to spe- more collective bargaining agreements be- The Wall Street Journal on Novem- tween employee representatives and 1 or ber 6 reported that ‘‘some health main- cialists, can end up costing the insur- more employers ratified before the date of tenance organizations are creating an ance plan more—instead of saving enactment of this Act, the amendments uproar by ordering that mastectomies money. made by this section shall not apply to plan be performed on an outpatient basis. NO FINANCIAL INCENTIVES years beginning before the later of— At a growing number of HMOs, sur- (A) the date on which the last collective geons must document ‘‘medical neces- Finally, our bill prohibits insurance bargaining agreements relating to the plan sity’’ to justify even a one-night hos- plans from including financial or other terminates (determined without regard to pital admission.’’ incentives to influence the care a doc- any extension thereof agreed to after the In 1997, over 184,000 women—or 1 in tor provides, similar to a law passed by date of enactment of this Act), or the California legislature last year. (B) January 1, 1998. every 8 American women—will be diagnosed with invasive breast cancer and Many physicians have complained that For purposes of subparagraph (A), any plan insurance plans include financial bo- amendment made pursuant to a collective 44,300 women will die from breast can- bargaining agreement relating to the plan cer; 2.6 million American women are nuses or other incentives for cutting which amends the plan solely to conform to living with breast cancer today. In my patient visits or for not referring pa- any requirement added by this section shall State, 20,000 women will be diagnosed tients to specialists. Our bill bans fi- not be treated as a termination of such col- with breast cancer and 5,000 will die or nancial incentives linked to how a doc- lective bargaining agreement. one every 27 minutes. San Francisco tor provides care. Our intent is to re- Mrs. FEINSTEIN. Madam President, has among the highest incidence rates store medical decisionmaking to as cochair of the Senate Cancer Coali- of breast cancer in the world. health care.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S890 CONGRESSIONAL RECORD — SENATE January 30, 1997 For example, a California physician ministration of justice is the firmest problem is compounded when a farmers wrote me, ‘‘Financial incentives under pillar of government.’’ As an adminis- income is exaggerated by the sale of managed care plans often remove ac- trator of justice, Edward Johnstone is land or other assets. cess to pediatric specialty care.’’ A our own marble column in the Western Prior to 1986, farmers were allowed to June 1995 report in the Journal of the Kentucky community. average their income over a 2-year pe- National Cancer Institute cited the Mr. President, I send to the desk a riod in order to give them some sense suit filed by the husband of a 34-year- bill designating the courthouse in Pa- of regularity and predictability in their old California woman who died from ducah, KY, as the Edward Huggins payment of Federal taxes. This provi- colon cancer, claiming that HMO in- Johnstone United States Courthouse, sion was repealed as part of the 1986 centives encouraged her physicians not and I ask that it be appropriately re- Tax Act, which reduced the number of to order additional tests that could ferred. tax brackets and lowered the top rate have saved her life. The PRESIDING OFFICER. Without of 28 percent. However, since 1986, Con- Our bill tries to restore professional objection, it is so ordered. gress has added two new tax brackets, medical decisionmaking to medical Mr. FORD. Mr. President, I ask unan- and increased the top rate to 39.6 per- providers, those whom we trust to take imous consent that the text of the bill cent. care of us. It should not take an act of be printed in the RECORD. This change, along with the move to Congress to guarantee good health There being no objection, the bill was a more market-oriented farm program, care, but unfortunately that is where ordered to be printed in the RECORD, as makes it imperative that Congress re- we are today. follows: stores to farmers the ability to average I hope my colleagues will join us in S. 250 their income, and the legislation I am enacting this bill, an important protec- Be it enacted by the Senate and House of Rep- introducing today will do just that. tion for millions of Americans who face resentatives of the United States of America in The Joint Committee on Taxation esti- the fear and the reality of cancer every Congress assembled, mated last year that this bill would day. SECTION 1. DESIGNATION. cost about $90 million over 5 years. The United States courthouse located in Representative NICK SMITH has spon- By Mr. FORD: Paducah, Kentucky, shall be known and des- sored an identical bill in the House, S. 250. A bill to designate the U.S. ignated as the ‘‘Edward Huggins Johnstone and it has the broad support of the courthouse located in Paducah, Ken- United States Courthouse’’. farming community. Groups endorsing tucky, as the ‘‘Edward Huggins SEC. 2. REFERENCES. this proposal include: Alabama Farm- Any reference in a law, map, regulation, Johnstone United States Courthouse’’; ers Federation, American Farm Bureau to the Committee on Environment and document, paper, or other record of the United States to the United States court- Federation, National Association of Public Works. house referred to in section 1 shall be deemed Wheat Growers, National Cattlemen’s THE EDWARD HUGGINS JOHNSTONE U.S. to be a reference to the Edward Huggins Beef Association, National Farmers COURTHOUSE DESIGNATION ACT OF 1997 Johnstone United States Courthouse. Union, National Grain Sorghum Pro- Mr. FORD. Mr. President, I rise ducers, National Grange, National today to offer legislation to designate By Mr. SHELBY (for himself, Mr. Pork Producers Council, and Women in the United States Courthouse in Padu- GRASSLEY, Mr. COCHRAN, Mr. Farm Economics. cah, KY as the Edward Huggins John- ROBERTS, Mr. ABRAHAM, and Mr. President, the success of our Na- stone United States Courthouse. There Mr. HUTCHINSON): tion depends in large part on the suc- is much that I want to say about Ed- S. 251. A bill to amend the Internal cess of the American farmer. Until we ward Johnstone, a man known as ‘‘Big Revenue Code of 1986 to allow farmers can enact broad-based tax reform, we Ed’’ to his friends, and why this out- to income average over 2 years; to the should provide farmers with some sense standing Kentuckian so richly deserves Committee on Finance. of regularity and predictability in this accolade. FARMER’S INCOME AVERAGING LEGISLATION meeting their Federal tax obligation. Edward Johnstone is a man who has ∑ Mr. SHELBY. Mr. President, today I This legislation will do that, and I hope spent his entire life in service to his am introducing legislation—along with my colleagues will support it.∑ country and the people of western Ken- Senators GRASSLEY, COCHRAN, ROB- tucky. Edward Johnstone is a veteran ERTS, ABRAHAM, and HUTCHINSON— By Mr. GREGG: who fought for his country at the Bat- which will restore to American farmers S. 252. A bill to amend the Internal tle of the Bulge, but finds nothing rean important tool in meeting their Revenue Code of 1986 to provide a remarkable in his decorations of honor— Federal income tax obligations. duction in the capital gains tax for as- to him they are reminders of his duty Mr. President, America would not be sets held more than 2 years, to impose to country and fellow countrymen who what it is today without the dedica- a surcharge on short-term capital never returned home. Edward John- tion, sacrifice, and hard work of the gains, and for other purposes; to the stone is a distinguished legal scholar American farmer. The American farm- Committee on Finance. who earned his law degree from the er is the most efficient farmer in the CAPITAL GAINS LEGISLATION University of Kentucky and put his world. Each farmer in America pro- Mr. GREGG. Mr. President, I intro- skills to work as a country lawyer in vides food and fiber for 94 people in our duce a bill that will have a significant his hometown of Princeton, KY. Ed- country and an additional 35 people impact on the promotion of long-term ward Johnstone is a judge who has abroad. As a result, Americans enjoy investment through a reduction in the served 21 years on the bench doling out the most affordable, healthy, and sta- capital gains tax. I believe the Con- words of wisdom and sentences of jus- ble food supply of any country in the gress has a responsibility to enact laws tice to those who come before him. Ed- world. promoting long-term capital invest- ward Johnstone is a tough, fair, hard- Yet, despite the successes of the ment and savings by all Americans. working Federal judge who puts in a American farmer, they are faced with Part of fulfilling this obligation must full day’s work even though he is a sen- unique and difficult barriers, they include implementing a plan that ior judge. Edward Johnstone is a man must overcome, including unpredict- would reduce the current capital gains who gives me faith in the judicial proc- able weather, natural disasters, tax rate on long-term investments. ess and those chosen to uphold our plauges of insects and diseases, and ex- We must also, however, balance this laws. cessive Government regulations. All of important economic goal against the I am very proud to introduce legisla- these result in substantial income fluc- moral issue of adding increasing debt tion on behalf of myself and all of the tuations for the average farmer. onto our children’s shoulders. This be- western Kentuckians whose lives have Wide swings in farmers’ income from comes an unavoidable issue in the cap- been touched by this extraordinary in- year to year, result in a tax burden ital gains debate because the Joint dividual. much higher than individuals with a Committee on Taxation scores capital Let me end my remarks, Mr. Presi- stable source of income because surges gains a big revenue loser. This scoring dent, by remembering something that in income are taxed at a higher rate issue is an unfortunate fact that we in George Washington once said, ‘‘The ad- than is a steady flow of income. This Congress cannot ignore.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S891 Accordingly, I have developed legis- ‘‘(1) QUALIFIED 4-YEAR CAPITAL GAIN.—The properly taken into account shall be made at lation that would encourage long-term term ‘qualified 4-year capital gain’ means the entity level. investment by amending the current the lesser of— ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- capital gains tax using a sliding scale ‘‘(A) the amount of long-term capital gain poses of subparagraph (A), the term ‘pass- which would be computed for the taxable thru entity’ means— plan. My bill encourages an individual year if only gain from the sale or exchange ‘‘(i) a regulated investment company, to hold an asset over a number of of property held by the taxpayer for more ‘‘(ii) a real estate investment trust, years, thus, allowing a greater tax re- than 4 years were taken into account, or ‘‘(iii) an S corporation, duction on investments, with the max- ‘‘(B) the net capital gain. ‘‘(iv) a partnership, imum benefit being reached after 4 ‘‘(2) QUALIFIED 3-YEAR CAPITAL GAIN.—The ‘‘(v) an estate or trust, and years. It would reward individuals who term ‘qualified 3-year capital gain’ means ‘‘(vi) a common trust fund.’’ look toward contributing to a savings the lesser of— (b) DEDUCTION ALLOWABLE IN COMPUTING plan over a number of years, while at ‘‘(A) the amount of long-term capital gain ADJUSTED GROSS INCOME.—Subsection (a) of which would be computed for the taxable section 62 is amended by inserting after the same time making quick-fix invest- year if only gain from the sale or exchange paragraph (16) the following new paragraph: ments less attractive. This sliding of property held by the taxpayer for more ‘‘(17) LONG-TERM CAPITAL GAINS.—The de- scale plan would encourage invest- than 3 years but not more than 4 years were duction allowed by section 1202.’’ ments that benefit long-term savings, taken into account, or (c) MAXIMUM CAPITAL GAINS RATE.—Clause such as a child’s education, an individ- ‘‘(B) the net capital gain, reduced by the (i) of section 1(h)(1)(A), as amended by sec- ual’s retirement, or other non-specula- qualified 4-year capital gain. tion 3(a), is amended by striking ‘‘the net tive holdings. ‘‘(3) QUALIFIED 2-YEAR CAPITAL GAIN.—The capital gain’’ and inserting ‘‘the excess of The theory behind the sliding scale term ‘qualified 2-year capital gain’ means the net capital gain over the deduction al- the lesser of— lowed under section 1202’’. reduction on capital gains hinges upon ‘‘(A) the amount of long-term capital gain (d) TREATMENT OF CERTAIN PASS-THRU EN- an agreed goal: the promotion of sav- which would be computed for the taxable TITIES.— ings and long-term investment through year if only gain from the sale or exchange (1) CAPITAL GAIN DIVIDENDS OF REGULATED a capital gains cut, while recognizing of property held by the taxpayer for more INVESTMENT COMPANIES.— our current fiscal realities. The Joint than 2 years but not more than 3 years were (A) Subparagraph (B) of section 852(b)(3) is Committee on Taxation estimates this taken into account, or amended to read as follows: plan would lose just $7.4 billion in rev- ‘‘(B) the net capital gain, reduced by the ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS enue over the 1995–2000 period. qualified 4-year capital gain and qualified 3- BY SHAREHOLDERS.—A capital gain dividend Finally, Mr. President, I ask unani- year capital gain. shall be treated by the shareholders as gain ‘‘(c) ESTATES AND TRUSTS.—In the case of from the sale or exchange of a capital asset mous consent that a Washington Post an estate or trust, the deduction under sub- held for more than 1 year but not more than op-ed by Louis Lowenstein, professor of section (a) shall be computed by excluding 2 years; except that— finance at Columbia University, be in- the portion (if any) of the gains for the tax- ‘‘(i) the portion of any such dividend des- cluded in the RECORD. Professor able year from sales or exchanges of capital ignated by the company as allocable to Lowenstein’s piece outlines the current assets which, under sections 652 and 662 (re- qualified 4-year capital gain of the company fiscal problem this legislation at- lating to inclusions of amounts in gross in- shall be treated as gain from the sale or ex- tempts to address. come of beneficiaries of trusts), is includible change of a capital asset held for more than Mr. President, I ask unanimous con- by the income beneficiaries as gain derived 4 years, ‘‘(ii) the portion of any such dividend des- sent that the text of the bill be printed from the sale or exchange of capital assets. ‘‘(d) COORDINATION WITH TREATMENT OF ignated by the company as allocable to in the RECORD. CAPITAL GAIN UNDER LIMITATION ON INVEST- qualified 3-year capital gain of the company There being no objection, the mate- MENT INTEREST.—For purposes of this sec- shall be treated as gain from the sale or ex- rial was ordered to be printed in the tion, the net capital gain for any taxable change of a capital asset held for more than RECORD, as follows: year shall be reduced (but not below zero) by 3 years but not more than 4 years, and S. 252 the amount which the taxpayer takes into ‘‘(iii) the portion of any such dividend designated by the company as allocable to Be it enacted by the Senate and House of Rep- account as investment income under section qualified 2-year capital gain of the company resentatives of the United States of America in 163(d)(4)(B)(iii). shall be treated as gain from the sale or ex- Congress assembled, ‘‘(e) TREATMENT OF COLLECTIBLES.— ‘‘(1) IN GENERAL.—Solely for purposes of change of a capital asset held for more than SECTION 1. SHORT TITLE; AMENDMENT OF 1986 2 years but not more than 3 years. CODE. this section, any gain or loss from the sale or (a) SHORT TITLE.—This Act may be cited as exchange of a collectible shall be treated as Rules similar to the rules of subparagraph the ‘‘Long-Term Investment Incentive Act of a short-term capital gain or loss (as the case (C) shall apply to any designation under 1997’’. may be), without regard to the period such clause (i), (ii), or (iii).’’ (b) AMENDMENT OF 1986 CODE.—Except as asset was held. The preceding sentence shall (B) Clause (i) of section 852(b)(3)(D) is otherwise expressly provided, whenever in apply only to the extent the gain or loss is amended by adding at the end the following this Act an amendment or repeal is ex- taken into account in computing taxable in- new sentence: ‘‘Rules similar to the rules of pressed in terms of an amendment to, or re- come. subparagraph (B) shall apply in determining peal of, a section or other provision, the ref- ‘‘(2) TREATMENT OF CERTAIN SALES OF IN- character of the amount to be so included by erence shall be considered to be made to a TEREST IN PARTNERSHIP, ETC.—For purposes any such shareholder.’’ section or other provision of the Internal of paragraph (1), any gain from the sale or (2) CAPITAL GAIN DIVIDENDS OF REAL ESTATE Revenue Code of 1986. exchange of an interest in a partnership, S INVESTMENT TRUSTS.—Subparagraph (B) of SEC. 2. REDUCTION OF TAX ON LONG-TERM CAP- corporation, or trust which is attributable to section 857(b)(3) is amended to read as fol- ITAL GAINS ON ASSETS HELD MORE unrealized appreciation in the value of col- lows: THAN 2 YEARS. lectibles held by such entity shall be treated ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS (a) IN GENERAL.—Part I of subchapter P of as gain from the sale or exchange of a col- BY SHAREHOLDERS.—A capital gain dividend chapter 1 (relating to treatment of capital lectible. Rules similar to the rules of section shall be treated by the shareholders or hold- gains) is amended by redesignating section 751(f) shall apply for purposes of the pre- ers of beneficial interests as gain from the 1202 as section 1203 and by inserting after ceding sentence. sale or exchange of a capital asset held for section 1201 the following new section: ‘‘(3) COLLECTIBLE.—For purposes of this more than 1 year but not more than 2 years; ‘‘SEC. 1202. CAPITAL GAINS DEDUCTION FOR AS- subsection, the term ‘collectible’ means any except that— SETS HELD BY NONCORPORATE TAX- capital asset which is a collectible (as de- ‘‘(i) the portion of any such dividend des- PAYERS MORE THAN 2 YEARS. fined in section 408(m) without regard to ignated by the real estate investment trust ‘‘(a) GENERAL RULE.—If a taxpayer other paragraph (3) thereof). as allocable to qualified 4-year capital gain than a corporation has a net capital gain for ‘‘(f) TRANSITIONAL RULE.— of the trust shall be treated as gain from the any taxable year, there shall be allowed as a ‘‘(1) IN GENERAL.—Gain may be taken into sale or exchange of a capital asset held for deduction an amount equal to the sum of— account under subsection (b)(1)(A), (b)(2)(A), more than 4 years, ‘‘(1) 20 percent of the qualified 4-year cap- or (b)(3)(A) only if such gain is properly ‘‘(ii) the portion of any such dividend des- ital gain, taken into account on or after February 1, ignated by the trust as allocable to qualified ‘‘(2) 10 percent of the qualified 3-year cap- 1997. 3-year capital gain of the trust shall be ital gain, plus ‘‘(2) SPECIAL RULES FOR PASS-THRU ENTI- treated as gain from the sale or exchange of ‘‘(3) 5 percent of the qualified 2-year cap- TIES.— a capital asset held for more than 3 years but ital gain. ‘‘(A) IN GENERAL.—In applying paragraph not more than 4 years, and ‘‘(b) DEFINITIONS.—For purposes of this (1) with respect to any pass-thru entity, the ‘‘(iii) the portion of any such dividend des- title— determination of when gains and losses are ignated by the trust as allocable to qualified

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S892 CONGRESSIONAL RECORD — SENATE January 30, 1997 2-year capital gain of the trust shall be (7) Subparagraph (C) of section 643(a)(6) is ‘‘(II) 12-month short-term capital gain treated as gain from the sale or exchange of amended by inserting ‘‘(i)’’ before ‘‘there were taxed after 6-month short-term capital a capital asset held for more than 2 years but shall’’ and by inserting before the period ‘‘, gain. not more than 3 years. and (ii) the deduction under section 1202 (re- ‘‘(C) DEFINITIONS.—For purposes of this Rules similar to the rules of subparagraph lating to capital gains deduction) shall not paragraph— (C) shall apply to any designation under be taken into account’’. ‘‘(i) 6-MONTH SHORT-TERM CAPITAL GAIN.— clause (i) or (ii).’’ (8) Paragraph (4) of section 691(c) is amend- The term ‘6-month short-term capital gain’ (3) COMMON TRUST FUNDS.—Subsection (c) ed by striking ‘‘sections 1(h), 1201, and 1211’’ means the lesser of— of section 584 is amended— and inserting ‘‘sections 1(h), 1201, 1202, and ‘‘(I) the amount of short-term capital gain (A) by inserting ‘‘and not more than 2 1211’’. which would be computed for the taxable years’’ after ‘‘1 year’’ each place it appears (9) The second sentence of section 871(a)(2) year if only gain from the sale or exchange in paragraph (2), is amended by inserting ‘‘or 1203’’ after of property held by the taxpayer for 6 (B) by striking ‘‘and’’ at the end of para- ‘‘1202’’. months or less were taken into account, or graph (2), and (10) Subsection (d) of section 1044 is amend- ‘‘(II) net short-term capital gain. (C) by redesignating paragraph (3) as para- ed by striking ‘‘1202’’ and inserting ‘‘1203’’. ‘‘(ii) 12-MONTH SHORT-TERM CAPITAL GAIN.— graph (6) and inserting after paragraph (2) (11) Paragraph (1) of section 1402(i) is The term ‘12-month short-term capital gain’ the following new paragraphs: amended by inserting ‘‘, and the deduction means the lesser of— ‘‘(3) as part of its gains from sales or ex- provided by section 1202 shall not apply’’ be- ‘‘(I) the amount of short-term capital gain changes of capital assets held for more than fore the period at the end thereof. which would be computed for the taxable 2 years but less than 3 years, its propor- (f) CLERICAL AMENDMENT.—The table of year if only gain from the sale or exchange tionate share of the gains of the common sections for part I of subchapter P of chapter of property held by the taxpayer for more trust fund from sales or exchanges of capital 1 is amended by inserting after the item re- than 6 months but not more than 12 months assets held for more than 2 years but not lating to section 1201 the following new item: were taken into account, or more than 3 years, ‘‘(II) net short-term capital gain, reduced ‘‘Sec. 1202. Capital gains deduction for assets ‘‘(4) as part of its gains from sales or ex- by 6-month short-term capital gain. held by noncorporate taxpayers changes of capital assets held for more than more than 2 years.’’ For purposes of clause (i)(I) or (ii)(I), gain 3 years but less than 4 years, its propor- may be taken into account only if such gain tionate share of the gains of the common (g) EFFECTIVE DATE.— is properly taken into account on or after trust fund from sales or exchanges of capital (1) IN GENERAL.—Except as otherwise pro- February 1, 1997.’’ assets held for more than 3 years but less vided in this subsection, the amendments (b) EFFECTIVE DATE.—The amendment than 4 years, made by this section shall apply to taxable made by this section shall apply to taxable ‘‘(5) as part of its gains from sales or ex- years ending after January 31, 1997. years ending after January 31, 1997. changes of capital assets held more than 4 (2) CONTRIBUTIONS.—The amendment made years, its proportionate share of the gains of by subsection (e)(1) shall apply to contribu- [From the Washington Post, Apr. 30, 1995] the common trust fund from sales or ex- tions on or after February 1, 1997. A TAX CUT THAT WON’T SELL US SHORT changes of capital assets held for more than SEC. 3. SURCHARGE ON CAPITAL GAINS ON AS- 4 years, and’’. SETS HELD 1 YEAR OR LESS. BY REWARDING ONLY LONG-TERM INVESTORS, (e) TECHNICAL AND CONFORMING CHANGES.— (a) IN GENERAL.—Subsection (h) of section WE ALL STAND TO GAIN (1) Subparagraph (B) of section 170(e)(1) is 1 (relating to maximum capital gains rate) is (By Louis Lowenstein) amended by inserting ‘‘(or, in the case of a amended to read as follows: The House has passed the Contract With taxpayer other than a corporation, the per- ‘‘(h) MAXIMUM CAPITAL GAINS TAXES.— centage of such gain equal to 100 percent America Tax Relief Bill of 1995 calling for ‘‘(1) IN GENERAL.—If a taxpayer has a net not one, but two cuts in the capital gains minus the percentage applicable to such gain capital gain for any taxable year, then the under section 1202(a))’’ after ‘‘the amount of tax. The first would cut the maximum rate tax imposed by this section shall not exceed in half, to just under 20 percent; the second gain’’. the sum of— (2) Subparagraph (B) of section 172(d)(2) is would index the gain to eliminate the effects ‘‘(A) a tax computed at the rates and in the of inflation. With the Treasury Department amended to read as follows: same manner as if this subsection had not ‘‘(B) the deduction under section 1202 and estimating the 10-year cost at $92 billion, it been enacted on the greater of— is no wonder that critics label this a give- the exclusion under section 1203 shall not be ‘‘(i) taxable income reduced by the amount allowed.’’ away to the rich. of net capital gain, or (3)(A) Section 221 (relating to cross ref- Speaker Newt Gingrich and his allies are ‘‘(ii) the amount of taxable income taxed erence) is amended to read as follows: right about one thing—there is something at a rate below 28 percent, plus ‘‘SEC. 221. CROSS REFERENCES. wrong with the current capital gains tax ‘‘(B) a tax of 28 percent of the amount of structure. But their remedy doesn’t fix the ‘‘(1) For deduction for net capital gains in taxable income in excess of the amount de- the case of a taxpayer other than a corpora- real problem, which is the refusal of today’s termined under subparagraph (A). tion, see section 1202. investors to focus, as they once did, more on ‘‘(2) For deductions in respect of a dece- For purposes of the preceding sentence, the long-term business concerns than on the dent, see section 691.’’ net capital gain for any taxable year shall be next twitch in interest rates, unemployment (B) The table of sections for part VII of reduced (but not below zero) by the amount data or market prices. Their solution is not subchapter B of chapter 1 is amended by which the taxpayer elects to take into ac- only misguided but a missed opportunity to striking ‘‘reference’’ in the item relating to count as investment income for the taxable correct some real wrongs in the tax system. section 221 and inserting ‘‘references’’. year under section 163(d)(4)(B)(iii). There is a better way: Cut the capital (4) The last sentence of section 453A(c)(3) is ‘‘(2) SURCHARGE ON NET SHORT-TERM CAP- gains tax rate for people who hold stocks for amended by striking all that follows ‘‘long- ITAL GAIN.— long periods, and maintain or even raise the term capital gain,’’ and inserting ‘‘the max- ‘‘(A) IN GENERAL.—If a taxpayer has a net rates for short-term investors. This would imum rate on net capital gain under section short-term capital gain for any taxable year, reward productive investment, discourage 1(h) or 1201 or the deduction under section the tax imposed by this section (without re- speculators and avoid a costly increase in 1202 (whichever is appropriate) shall be taken gard to this paragraph) shall be increased by the deficit. into account.’’ an amount equal to the sum of— Such a policy has been endorsed in one (5) Paragraph (4) of section 642(c) is amend- ‘‘(i) 5.6 percent of the taxpayer’s 6-month form or another over the last half-century by ed to read as follows: short-term capital gain, plus such varied folk as Sen. Nancy Kassebaum, ‘‘(4) ADJUSTMENTS.—To the extent that the ‘‘(ii) 2.8 percent of the taxpayer’s 12-month investment banker Felix Rohatyn, financier amount otherwise allowable as a deduction short-term capital gain. Warren Buffett and economist John Maynard under this subsection consists of gain from ‘‘(B) MAXIMUM RATE.— Keynes—as well as by a 1992 Twentieth Cen- the sale or exchange of capital assets held ‘‘(i) IN GENERAL.—Subparagraph (A) shall tury Fund task force on market speculation for more than 1 year, proper adjustment not be applied to the extent it would result and corporate governance, of which I was a shall be made for any deduction allowable to in— member. The proposal, so remarkably sim- the estate or trust under section 1202 or any ‘‘(I) 6-month short-term capital gain being ple, calls for capital gains rates that would exclusion allowable to the estate or trust taxed at a rate greater than 33.6 percent, or decline dramatically, but only as the holding under section 1203(a). In the case of a trust, ‘‘(II) 12-month short-term capital gain period lengthens. the deduction allowed by this subsection being taxed at a rate greater than 30.8 per- In other words, the capital gains tax ben- shall be subject to section 681 (relating to cent. efit would be restricted to people who meet unrelated business income).’’ ‘‘(ii) ORDERING RULE.—For purposes of the traditional notion of investor. The dic- (6) The last sentence of paragraph (3) of clause (i), the rate or rates at which 6-month tionary defines an investor as ‘‘an individual section 643(a) is amended to read as follows: or 12-month short-term capital gain is being or organization who commits capital to be- ‘‘The deduction under section 1202 and the taxed shall be determined as if— come a partner of a business enterprise.’’ As exclusion under section 1203 shall not be ‘‘(I) such gain were taxed after all other recently as the beginning of the 1960’s, inves- taken into account.’’ taxable income, and tors still though in terms of owning a share

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S893 of America, as the New York Stock Ex- By Mr. LUGAR: ward, the administration must have change used to say. They knew their compa- S. 253. A bill to establish the negoti- fast-track authority. The President nies and they held their stocks, on the aver- ating objectives and fast-track proce- must now make a case to Congress and age, for seven years. For these investors, the the American people that this is a pri- rate could be cut drastically—even to zero— dures for future trade agreements; to after, say, 10 or 15 years. That would help re- the Committee on Finance. ority of his administration. turn stock markets to their most useful THE TRADE AGREEMENT IMPLEMENTATION Mr. President, I ask unanimous con- function, one in which participation should REFORM ACT sent that additional material be print- be encouraged. ∑ Mr. LUGAR. Mr. President, developed in the RECORD. Stock markets enable corporations to raise ment of overseas markets and cus- There being no objection, the mate- long-term capital even while investors enjoy rial was ordered to be printed in the a high degree of liquidity. But those markets tomers is vital to the future of U.S. agriculture. Demand for food and feed is RECORD, as follows: are not an end in themselves. Trading in S. 253 stocks once they are issued can devolve into growing rapidly. U.S. agriculture is ef- a game of ‘‘musical shares’’; the players ficient and competitive, however, tariff Be it enacted by the Senate and House of Rep- change places but at the end of the year resentatives of the United States of America in and nontariff barriers remain high in Congress assembled, nothing much else happened. many countries. SECTION 1. SHORT TITLE. And, indeed, the concept of owning a share As incomes rise in developing coun- of American business has given way to short- This Act may be cited as the ‘‘Trade term speculation, particularly by institu- tries, their demands for our products Agreement Implementation Reform Act’’. tional investors. The turnover of shares of will continue to expand. In 1996, agri- SEC. 2. TRADE NEGOTIATING OBJECTIVES. New York Stock Exchange companies, which cultural exports reached a record $59.8 The overall trade negotiating objectives of had been 14 percent, a year in the early ‘60s, billion. Continued growth is vital. the United States for agreements subject to soared to 95 percent by the late 1980s. In 1987, World commodity markets are often the provisions of section 3 are— the total cost of all that activity—commis- distorted by import barriers, export (1) to obtain more open, equitable, and re- sions and other trading costs—was about $25 ciprocal market access, subsidies and State trading enterprises. (2) to obtain the reduction or elimination billion, or more than one-sixth of all cor- These distortions put American farm- porate earnings. of barriers and other trade-distorting poli- That’s a very different kind of market ers and agribusiness operators at a dis- cies and practices, than the market, say, for wheat, which advantage. We must reduce trade bar- (3) to further strengthen the system of moves grain from farmers to elevator opera- riers and allow our industry to supply international trading disciplines and proce- tors to millers to bakers to consumers. When the world’s markets. dures, and institutions trade the same shares over and Today I will introduce the Trade (4) to foster economic growth and full em- over, nothing is created except profits for Agreement Implementation Reform ployment in the United States and the global economy. the brokers. There is only duplication and Act. This bill will grant the President waste, not gain. SEC. 3. TRADE AGREEMENT NEGOTIATING AU- While there is good reason to let the cap- the fast-track authority he needs to THORITY. ital gains tax drop as the holding period negotiate future trade agreements. It (a) AGREEMENTS REGARDING TARIFF BAR- lengthens, there is absolutely no reason to is in the national interest for the RIERS.— subsidize an already wasteful, frenetic trad- President to have this authority, but is (1) IN GENERAL.—Whenever the President ing game. At present, to qualify for capital has lapsed due in part to the way past determines that one or more existing duties gains treatment one need hold an investment implementing legislation was handled. or other import restrictions of any foreign position for just one year. That is why the Earlier fast-track authority allowed country or the United States are unduly bur- tax on restless holders should, at the very dening and restricting the foreign trade of least, not go down. Remember, it is mutual side-deals, special-interest accommoda- the United States and that the purposes, fund managers and other so-called profes- tions and provisions of questionable policies, and objectives of this Act will be sionals who are the problem. They spend merit. As a result, public confidence in promoted thereby, the President— other peoples commission dollars on their our trade policies eroded. Reforming (A) on or before June 1, 2003, may enter asset allocation and other market-timing the fast-track process and prohibiting into trade agreements with foreign coun- strategies. these special-interest provisions is one tries, and True, speculation fills gaps in trading in step in gaining support for future trade (B) may, subject to paragraphs (2) through the market, dampening price changes be- agreements. (5), proclaim— tween trades and allowing investors to accu- (i) such modification or continuance of any mulate or liquidate positions rapidly. But its My bill contains two major changes existing duty, social value is limited. And while most from previous practice. First, legisla- (ii) such continuance of existing duty-free economists rarely see a market they do not tion submitted under the fast-track au- or excise treatment, or admire, there is no economic reason for the thority will contain only provisions ab- (iii) such additional duties, tax system within which the stock market solutely necessary to implement an as the President determines to be required or must operate to reinforce its worst ten- agreement. Prior law allowed provi- appropriate to carry out any such trade dencies. Even economists increasingly recog- sions necessary and appropriate and agreement. nize that once the market wheels have been (2) LIMITATIONS.—No proclamation may be lubricated, added grease helps only the mer- encouraged deals with special interests made under paragraph (1)(B) that— chants of grease—the brokers. in exchange for support. Worse yet, a market focused on short-term Second, although fast-track legisla- (A) reduces any rate of duty (other than a trading values is far less likely to serve its tion is not amendable, we should make rate of duty that does not exceed 5 percent ad valorem on the date of enactment of this fundamental goals—to allocate capital to its one exception. Senators should be able best uses and to encourage shareholders to Act) to a rate of duty which is less than 50 to amend or delete provisions that percent of the rate of such duty that applies monitor the corporate managers’ perform- merely offset revenue losses from tariff ance. As one fund manager said, ‘‘It is not on such date of enactment, our job to be a good citizen at General Mo- changes. Such provisions in the Uru- (B) reduces the rate of duty on an article tors.’’ But if not him, who? guay round legislation included the over a period greater than 10 years after the The more immediate advantages of a controversial Pioneer Preference and first reduction that is proclaimed to carry steeply graduated capital gains tax are obvi- pension reform titles. Congress should out a trade agreement with respect to such ous. It can be formulated to be revenue-neu- have the ability to debate and amend article, or (C) increases any rate of duty above the tral, or nearly so, thus easing the budgetary items like these, but be subject to pressure. It would obviate the need for infla- rate that applied on the date of enactment of tion-indexing, for the simple reason that tax overall time limits. this Act. would fade rapidly as the holding period The United States must continue to (3) AGGREGATE REDUCTION; EXEMPTION FROM lengthened. And for those who, like this au- move forward in its effort to find new STAGING.— thor and perhaps Gingrich too, dislike the markets for our goods and services. We (A) AGGREGATE REDUCTION.—Except as pro- old tax-shelter programs that enriched should take advantage of a favorable vided in subparagraph (B), the aggregate parasites at the expense of the public, a tax trade climate in South America by pur- amount that the rate of duty on any article along the lines suggested here would dis- suing an agreement with Chile. Chile may be reduced under paragraph (2) in any charge such games. All in all, it is difficult has advanced bilateral trade agree- year shall not exceed an amount that is to think of any tax proposal that would ac- equal to the greater of 3 percent ad valorem complish so much at so little cost. The same ments with Canada and Mexico and has or 10 percent of the total reduction in the cannot be said of an across-the-board capital become an associate member of the rate of duty for such article required pursu- gains cut for the rich to be paid for by the Southern Cone Mercosur trading bloc. ant to a trade agreement entered into under rest of us. Before the United States can move for- paragraph (1).

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(B) EXEMPTION FROM STAGING.—No staging (1) GENERAL RULE.—The President, at least means a provision in an implementing bill is required under subparagraph (A) with re- 60 calendar days before initiating negotia- that— spect to a duty reduction that is proclaimed tions on any agreement that is subject to the (i)(I) makes progress in meeting the nego- under paragraph (1) for an article of a kind provisions of subsection (b), shall— tiating objectives contained in section 2 for that is not produced in the United States. (A) provide written notice to Congress of the trade agreement with respect to which The United States International Trade Com- the President’s intent to enter into the nego- the implementing bill is submitted, and mission shall advise the President of the tiations and set forth therein the date the (II) is required to put into effect, or sets identity of articles that may be exempted President intends to initiate such negotia- forth a procedure to carry out, a substantive from staging under this subparagraph. tions and the specific United States objec- provision of the trade agreement with re- (4) ROUNDING.—If the President determines tives for the negotiations, spect to which the implementing bill is sub- that such action will simplify the computa- (B) before submitting the notice, seek the mitted, or tion of reductions under paragraph (2) (A) or advice of and consult with the relevant pri- (ii) is a revenue provision. (B) or paragraph (3), the President may vate sector advisory committees established (3) SUPPORTING INFORMATION.—The sup- round an annual reduction by an amount under section 135 of the Trade Act of 1974 (19 porting information required under para- equal to the lesser of— U.S.C. 2155), regarding the negotiations and graph (1)(B)(iii) consists of— (A) the difference between the reduction the negotiating objectives the President pro- (A) an explanation as to how the imple- without regard to this paragraph and the poses to establish for the negotiations, and menting bill and proposed administrative ac- next lower whole number, or (C) before and after submission of the notion will change or affect existing law; and (B) one-half of 1 percent ad valorem. tice, consult with Congress regarding the ne- (B) a statement— (5) ADDITIONAL LIMITATION.—A rate of duty gotiations and the negotiating objectives. (i) asserting that the agreement makes reduction or increase that may not be pro- (2) EXCEPTION.—Notwithstanding sub- progress in achieving the applicable negoti- claimed by reason of paragraph (2) or (3) may section (b)(3) and section 4(c), the provisions ating objectives contained in section 2, and take effect only if a provision authorizing of this subsection shall not apply to an (ii) setting forth the reasons of the Presi- such reduction or increase is included within agreement which results from negotiations dent regarding, among other things— an implementing bill provided for under sec- that were commenced before the date of en- (I) how and to what extent the agreement tion 4 of this Act and that bill is enacted actment of this Act and the provisions of makes progress in achieving the applicable into law. this Act regarding implementation shall negotiating objectives referred to in clause (b) AGREEMENTS REGARDING TARIFF AND apply to such agreement, if with respect to (i), and why and to what extent the agree- NONTARIFF BARRIERS.— such agreement, the President provides no- ment does not achieve other negotiating ob- (1) IN GENERAL.—Whenever the President tice, seeks advice, and consults in accord- jectives, determines that any duty or other import re- ance with subparagraphs (A), (B), and (C) of (II) how the agreement serves the interests striction imposed by any foreign country or paragraph (1) as soon as practicable after the of United States commerce, the United States or any other barrier to, or date of enactment of this Act. (III) why the implementing bill and pro- other distortion of, international trade— posed administrative action is necessary to (d) CONSULTATION WITH CONGRESS BEFORE (A) unduly burdens or restricts the foreign carry out the agreement, AGREEMENTS ENTERED INTO.— trade of the United States or adversely af- (IV) how the provisions of the imple- (1) CONSULTATION.—Before entering into fects the United States economy, menting bill are necessary to comply with any trade agreement under subsection (b), (B) the imposition of any such barrier or the applicable negotiating objectives, and the President shall consult with— distortion is likely to result in such a bur- (V) how any revenue provision in the im- (A) the Committee on Ways and Means of den, restriction, or effect, or plementing bill is necessary to comply with the House of Representatives and the Com- (C) the reduction or elimination of such the Balanced Budget and Emergency Deficit mittee on Finance of the Senate, and barrier or distortion is likely to result in Control Act of 1985. (B) each other committee of the House and economic growth or expanded trade opportu- (4) OTHER CONSIDERATIONS.—To ensure that nities for the United States, the Senate, and each joint committee of a foreign country that receives benefits Congress, which has jurisdiction over legisla- and that the purposes, policies, and objec- under a trade agreement entered into under tion involving subject matters which would section 3(b) is subject to the obligations im- tives of this Act will be promoted thereby, be affected by the trade agreement. the President may, on or before June 1, 2003, posed by such agreement, the President shall (2) SCOPE.—The consultation described in enter into a regional, bilateral, or multilat- recommend to Congress in the implementing paragraph (1) shall include consultation with bill and statement of administrative action eral trade agreement described in paragraph respect to— (2). submitted with respect to such agreement (A) the nature of the agreement, that the benefits and obligations of such (2) DESCRIPTION OF TRADE AGREEMENT.—A (B) how and to what extent the agreement trade agreement is described in this para- agreement apply solely to the parties to such will achieve the applicable negotiating ob- graph if it is a regional, bilateral, or multi- agreement, if such application is consistent jectives, and lateral trade agreement entered into by the with the terms of such agreement. The Presi- (C) all matters relating to the implementa- President with a foreign country providing dent may also recommend with respect to tion of the agreement under section 4. for— any such agreement that the benefits and ob- (A) the reduction or elimination of such SEC. 4. IMPLEMENTATION OF TRADE AGREE- ligations of such agreement not apply uni- duty, restriction, barrier, or other distor- MENTS. formly to all parties to such agreement, if tion, or (a) IN GENERAL.— such application is consistent with the terms (B) the prohibition of, or limitation on the (1) NOTIFICATION AND SUBMISSION.—Any of such agreement. imposition of, such barrier or other distor- agreement entered into under section 3(b) (b) APPLICATION OF CONGRESSIONAL ‘‘FAST tion. shall enter into force with respect to the TRACK’’ PROCEDURES TO IMPLEMENTING (3) CONDITIONS.—A trade agreement may be United States if (and only if)— BILLS.— entered into under this subsection only if (A) the President, at least 120 calendar (1) IN GENERAL.—Except as otherwise pro- such agreement makes substantial progress days before the day on which the President vided in this subsection and subsection (c), in meeting the applicable negotiating objec- enters into the trade agreement, notifies the the provisions of section 151 of the Trade Act tives described in section 2 and the President House of Representatives and the Senate of of 1974 (19 U.S.C. 2191) (hereafter in this Act satisfies the conditions set forth in sub- the President’s intention to enter into the referred to as ‘‘fast track procedures’’) apply sections (c) and (d). agreement, and promptly thereafter pub- to implementing bills submitted with re- (4) COMPLIANCE WITH URUGUAY ROUND lishes notice of such intention in the Federal spect to trade agreements entered into under AGREEMENTS AND OTHER OBLIGATIONS.—In de- Register; section 3(b) on or before June 1, 2003 (or if ex- termining whether to enter into negotiations (B) after entering into the agreement, the tended under section 5, June 1, 2005). with a particular country under this sub- President submits a copy of the final legal (2) CERTAIN POINTS OF ORDER AND AMEND- section, the President shall take into ac- text of the agreement, together with— MENTS IN ORDER.— count whether that country has imple- (i) a draft of an implementing bill, (A) IN GENERAL.— mented its obligations under the Uruguay (ii) a statement of any administrative ac- (i) POINTS OF ORDER.—A point of order may Round Agreements and any other trade tion proposed to implement the trade agree- be made by any Senator against a provision agreement with respect to which the United ment, and in an implementing bill that is not a nec- States and such other country are parties. (iii) the supporting information described essary provision (as defined in subsection (5) LIMITATION.—Notwithstanding any in paragraph (3); and (a)(2)(B)). If such point of order is sustained other provision of law, no trade benefit shall (C) the implementing bill is enacted into by a majority of the Members of the Senate be extended to any country solely by reason law. duly chosen and sworn, the provision shall be of the extension of any trade benefit to an- (2) RESTRICTIONS ON IMPLEMENTING BILL.— stricken. other country under a trade agreement en- (A) IN GENERAL.—An implementing bill re- (ii) AMENDMENTS IN ORDER.—The provisions tered into under paragraph (1) with such ferred to in paragraph (1) shall contain only of section 151(d) of the Trade Act of 1974 shall other country. necessary provisions. not apply to a provision in an implementing (c) NOTICE AND CONSULTATION BEFORE NE- (B) NECESSARY PROVISION.—For purposes of bill that is a revenue provision and an GOTIATION.— this Act, the term ‘‘necessary provision’’ amendment to a revenue provision shall be

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S895 in order if the amendment meets the require- (A) overall debate on all motions necessary of the Trade Agreement Implementation Re- ments of paragraph (4). to resolve amendments between the Houses form Act.’’, with the blank space being filled (B) TIME LIMIT.—Sections 151(f)(2) and on an implementing bill under this sub- with the appropriate date. 151(g)(2) of such Act shall be applied by subsection shall be limited to 2 hours at any (2) LACK OF CONSULTATIONS.— stituting ‘‘25 hours’’ for ‘‘20 hours’’ each stage of the proceedings; and (A) IN GENERAL.—The fast track procedures place such term appears and such time limits (B) debate on any motion, appeal, or point shall not apply to any implementing bill sub- shall include all amendments to and points of order under this subsection which is submitted with respect to a trade agreement en- of order made with respect to an imple- mitted shall be limited to 30 minutes, and tered into under section 3(b) if both Houses menting bill. such time shall be equally divided and con- of Congress separately agree to procedural (C) RULES FOR DEBATE IN THE SENATE.—De- trolled by, the majority leader and the mi- disapproval resolutions within any 60 cal- bate in the Senate on any amendment to or nority leader or their designees. endar day period. point of order made with respect to an imple- (7) PROCEDURES RELATING TO CONFERENCE (B) PROCEDURAL DISAPPROVAL RESOLU- menting bill under this paragraph shall be REPORTS.— TION.—For purposes of this paragraph, the limited to not more than 1 hour, to be equal- (A) APPOINTMENT OF CONFEREES.—A request term ‘‘procedural disapproval resolution’’ ly divided between, and controlled by the for a conference shall be accepted and con- means a resolution of either House of Con- mover and the manager of the implementing ferees shall be appointed— gress, the sole matter after the resolving bill, except that in the event the manager of (i) in the case of the Senate, by the Presi- clause of which is as follows: ‘‘That the the implementing bill is in favor of any such dent pro tempore, and President has failed or refused to consult amendment, the time in opposition thereto (ii) in the case of the House of Representa- with Congress on trade negotiations and shall be controlled by the minority leader or tives, by the Speaker of the House, trade agreements in accordance with the the minority leader’s designee. The majority not later than 3 calendar days after such re- provisions of the Trade Agreement Imple- and minority leader may, from the time quest is made. mentation Reform Act and, therefore, the under their control on the passage of an im- (B) GENERAL RULES FOR CONSIDERATION OF provisions of section 151 of the Trade Act of plementing bill, allot additional time to any CONFERENCE REPORT.—Consideration in a 1974 shall not apply to any implementing bill Senator during the consideration of any House of Congress of the conference report submitted with respect to any trade agree- amendment. A motion in the Senate to fur- on an implementing bill described in para- ment entered into under section 3(b) of the ther limit debate on an amendment to any graph (5), including consideration of all Trade Agreement Implementation Reform implementing bill is not debatable. amendments in disagreement (and all Act, if, during the 60 calendar day period be- (3) REVENUE PROVISION.—For purposes of amendments thereto), and consideration of ginning on the date on which this resolution this Act, the term ‘‘revenue provision’’ all debatable motions and appeals in connec- is agreed to by ll, the ll agrees to a pro- means a provision in an implementing bill tion therewith, shall be limited to 4 hours, to cedural disapproval resolution (within the that— be equally divided between, and controlled meaning of section 4(c)(2)(B) of the Trade (A) is not required to put into effect, or by, the majority leader and the minority Agreement Implementation Reform Act).’’, does not set forth a procedure to carry out, leader or their designees. Debate on any de- with the first blank space being filled with a substantive provision of the trade agree- batable motion or appeal related to the con- the name of the resolving House of Congress ment with respect to which the imple- ference report shall be limited to 30 minutes, and the second blank space being filled with menting bill is submitted, to be equally divided between, and controlled the name of the other House of Congress. (B) is not inconsistent with the obligations by, the mover and the manager of the con- (3) PROCEDURES FOR CONSIDERING RESOLU- of the United States under the trade agree- ference report. TIONS.— ment with respect to which the imple- (C) FAILURE OF CONFERENCE TO ACT.—If the (A) IN GENERAL.—Resolutions under para- menting bill is submitted, and committee on conference on an imple- graph (1) and procedural disapproval resolu- (C) either decreases specific budget outlays menting bill considered under this section tions under paragraph (2)— for the fiscal years covered by the imple- fails to submit a conference report within 10 (i) in the House of Representatives— menting bill or increases revenues for such calendar days after the conferees have been (I) shall be introduced by the chairman or fiscal years in order to comply with the Bal- appointed by each House, any Member of ei- ranking minority member of the Committee anced Budget and Emergency Deficit Control ther House may introduce an implementing on Ways and Means or the chairman or rank- Act of 1985. bill containing only the text of the draft im- ing minority member of the Committee on (4) REQUIREMENTS FOR AMENDMENT.—It plementing bill of the President on the next Rules, shall not be in order in the House of Rep- day of session thereafter and the imple- (II) shall be jointly referred to the Com- resentatives or the Senate to consider any menting bill shall be treated as a conference mittee on Ways and Means and the Com- amendment to a revenue provision in an im- report and considered as provided in subpara- mittee on Rules, and plementing bill that would have the effect of graph (B). (III) may not be amended by either Com- increasing any specific budget outlays above (c) ADDITIONAL LIMITATIONS ON ‘‘FAST mittee; and the level of such outlays provided in the im- TRACK’’ PROCEDURES.— (ii) in the Senate shall be original resolu- plementing bill for the fiscal years covered (1) PRENEGOTIATION REQUIREMENTS.— tions of the Committee on Finance. by the implementing bill or would have the (A) IN GENERAL.—The fast track procedures (B) APPLICATION OF SECTION 152.—The provi- effect of reducing any specific revenues shall not apply to any implementing bill sions of section 152 (d) and (e) of the Trade below the level of such revenues provided in that contains a provision approving any Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relat- the implementing bill for such fiscal years, trade agreement which is entered into under ing to the floor consideration of certain reso- unless such amendment makes at least an section 3(b) with any foreign country if— lutions in the House and Senate) apply to equivalent reduction in other specific budget (i) the requirements of section 3(c) are not resolutions under paragraph (1) and to proce- outlays, an equivalent increase in other spe- met with respect to the negotiation of such dural disapproval resolutions under para- cific Federal revenues, or an equivalent com- agreement; or graph (2). bination thereof for such fiscal years. For (ii) both Houses of Congress agree to a res- (C) SPECIAL RULES RELATING TO HOUSE.—It purposes of this paragraph, the levels of olution disapproving the negotiation of such is not in order for the House of Representa- budget outlays and Federal revenues for a agreement before the later of— tives to consider any resolution under para- fiscal year shall be determined on the basis (I) the close of the 60-calendar day period graph (1) or any procedural disapproval reso- of estimates made by the Committee on the beginning on the date notice is provided lution under paragraph (2) that is not re- Budget of the Senate or of the House of Rep- under section 3(c); or ported by the Committee on Ways and Means resentatives, as the case may be. (II) the close of the 15-day period beginning and the Committee on Rules. (5) DIFFERENCE BETWEEN THE 2 HOUSES.—If on the date such notice is provided, com- SEC. 5. EXTENSION OF TRADE AGREEMENTS AU- the text of implementing bills described in puted without regard to the days on which THORITY AND FAST TRACK PROCE- subsection (b)(1) concerning any matter is either House of Congress is not in session be- DURES. not identical— cause of an adjournment of more than 3 days (a) EXTENSION OF FAST TRACK PROCEDURES (A) the Senate shall vote passage on the to a day certain or an adjournment of Con- TO IMPLEMENTING BILLS.— implementing bill introduced in the Senate, gress sine die, and any Saturday or Sunday, (1) IN GENERAL.—The fast track procedures and not otherwise excluded under this subclause, shall, as modified by this Act, be extended to (B) the text of the implementing bill when either House of Congress is not in ses- implementing bills submitted with respect passed by the Senate shall, immediately sion. to trade agreements entered into under sec- upon its passage (or, if later, upon receipt of (B) RESOLUTION DISAPPROVING NEGOTIA- tion 3(b) after May 31, 2003, and before June the implementing bill passed by the House), TIONS.—A resolution referred to in subpara- 1, 2005, if (and only if)— be substituted for the text of the imple- graph (A)(ii) is a resolution of either House (A) the President requests such extension menting bill passed by the House of Rep- of Congress with which the other House of under paragraph (2), and resentatives, and such implementing bill, as Congress concurs, the sole matter after the (B) neither House of Congress adopts an ex- amended shall be returned with a request for resolving clause of which is as follows: ‘‘That tension disapproval resolution under para- a conference between the 2 Houses. Congress disapproves the negotiation of the graph (5) before June 1, 2003. (6) AMENDMENT BETWEEN HOUSES.—Except trade agreement notice of which was pro- (2) REPORT TO CONGRESS BY THE PRESI- as provided in paragraph (7)— vided to Congress on ll under section 3(c) DENT.—If the President is of the opinion that

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the fast track procedures should be extended (iii) either House of Congress to consider (b) APPLICATION OF SECTIONS 125, 126, AND to implementing bills described in paragraph an extension disapproval resolution that is 127 OF THE TRADE ACT OF 1974.—For purposes (1), the President shall submit to Congress, reported to such House after May 15, 2003. of applying sections 125, 126, and 127 of the not later than March 1, 2003, a written report (b) RULES OF HOUSE OF REPRESENTATIVES Trade Act of 1974 (19 U.S.C. 2135, 2136, and that contains a request for such extension, AND SENATE.—Subsection (a) of this section, 2137)— together with— and section 4 (b) and (c), are enacted by Con- (1) any trade agreement entered into under (A) a description of all trade agreements gress— section 3 shall be treated as an agreement that have been negotiated under section 3(b) (1) as an exercise of the rulemaking power entered into under section 101 or 102, as ap- and the anticipated schedule for submitting of the House of Representatives and the Sen- propriate, of the Trade Act of 1974 (19 U.S.C. such agreements to Congress for approval, ate, respectively, and as such are deemed a 2111 or 2112); and (B) a description of the progress that has part of the rules of each House, respectively, (2) any proclamation or Executive order been made in regional, bilateral, and multi- and such procedures supersede other rules issued pursuant to a trade agreement en- lateral negotiations to achieve the purposes, only to the extent that they are inconsistent tered into under section 3 shall be treated as policies, and objectives of this Act, and a with such other rules; and a proclamation or Executive order issued statement that such progress justifies the (2) with the full recognition of the con- pursuant to a trade agreement entered into continuation of negotiations, and stitutional right of either House to change under section 102 of the Trade Act of 1974 (19 (C) a statement of the reasons why the ex- the rules (so far as relating to the procedures U.S.C. 2112). tension is needed to complete the negotia- of that House) at any time, in the same man- SEC. 7. ADVISORY COMMITTEE REPORTS. tions. ner, and to the same extent as any other rule Section 135(e)(1) of the Trade Act of 1974 (19 (3) REPORT TO CONGRESS BY THE ADVISORY of that House. U.S.C. 2155) is amended by striking ‘‘the date COMMITTEE.—The President shall promptly SEC. 6. CONFORMING AMENDMENTS. on which’’ and inserting ‘‘45 days after’’. inform the Advisory Committee for Trade (a) IN GENERAL.—Title I of the Trade Act of Policy and Negotiations established under 1974 (19 U.S.C. 2111 and following) is amended TRADE AGREEMENT IMPLEMENTATION REFORM section 135 of the Trade Act of 1974 (19 U.S.C. as follows: ACT 2155) of the President’s decision to submit a (1) IMPLEMENTING BILL.—Section 151(b)(1) Sec. 2. Negotiating objectives.—Overall ne- report to Congress under paragraph (2). The (19 U.S.C. 2191(b)(1)) is amended by inserting gotiating objectives for all trade agreements Advisory Committee shall submit to Con- ‘‘section 4 of the Trade Agreement Imple- are included in the act. These objectives do gress as soon as practicable, but not later mentation Reform Act,’’ after ‘‘the Omnibus not provide authority to use trade negotia- than March 1, 2003, a written report that con- Trade and Competitiveness Act of 1988,’’. tions to achieve environmental or labor pol- tains— (2) ADVICE FROM INTERNATIONAL TRADE COM- icy goals. Specific negotiating objectives are (A) its views regarding the progress that MISSION.—Section 131 (19 U.S.C. 2151) is to be the subject of consultations between has been made in regional, bilateral, and amended— the President and Congress prior to the initi- multilateral negotiations to achieve the pur- (A) in subsection (a)— ation of negotiations. (See sec. 3(c)) poses, policies, and objectives of this Act, (i) in paragraph (1), by striking ‘‘section Sec. 3(a). General tariff authority.—As in and 123 of this Act or section 1102 (a) or (c) of the previous trade acts, authority is delegated to (B) a statement of its views, and the rea- Omnibus Trade and Competitiveness Act of the President to negotiate and proclaim re- sons therefor, regarding whether the exten- 1988,’’ and inserting ‘‘section 123 of this Act, ciprocal tariff reductions without further sion requested under paragraph (2) should be section 1102 (a) or (c) of the Omnibus Trade Congressional action. This authority expires approved or disapproved. and Competitiveness Act of 1988, or section 3 on June 1, 2003. (4) REPORTS MAY BE CLASSIFIED.—The re- of the Trade Agreement Implementation Re- Sec. 3(b). Authority to negotiate tariff and ports submitted to Congress under para- form Act’’, and non-tariff barriers.—The President is given graphs (2) and (3), or any portion of the re- (ii) in paragraph (2), by inserting ‘‘or sec- authority to negotiate bilateral, regional, or ports, may be classified to the extent the tion 3 (a) or (b) of the Trade Agreement Im- multilateral trade agreements, including re- President determines appropriate. plementation Reform Act’’ after ‘‘1988’’, duction or elimination of non-tariff barriers (5) EXTENSION DISAPPROVAL RESOLUTIONS.— (B) in subsection (b), by inserting ‘‘of the and subsidies. (A) IN GENERAL.—For purposes of this sub- Omnibus Trade and Competitiveness Act of Sec. 3(c)&(d). Notice and consultation be- section, the term ‘‘extension disapproval res- 1988 or section 3(a)(3) of the Trade Agree- fore negotiation.—In addition to consulting olution’’ means a resolution of either House ment Implementation Reform Act’’ before with Congress before an agreement is en- of Congress, the sole matter after the resolv- the end period, and tered into (as the 1988 act requires), this bill ing clause of which is as follows: ‘‘That the (C) in subsection (c), by striking ‘‘of this would require the President to notify Con- ll disapproves the request of the President Act or section 1102 of the Omnibus Trade and gress 60 days before initiating any trade ne- for the extension, under section 5(a)(1) of the Competitiveness Act of 1988,’’ and inserting gotiations and to consult with Congress and Trade Agreement Implementation Reform ‘‘of this Act, section 1102 of the Omnibus the private sector advisory committees con- Act, of the provisions of section 151 of the Trade and Competitiveness Act of 1988, or cerning the specific negotiating objectives. Trade Act of 1974 (as modified by section 4(b) section 3 of the Trade Agreement Implemen- Congress must also be notified of negotia- of the Trade Agreement Implementation Re- tation Reform Act’’. tions commenced before enactment of this form Act) to any implementing bill sub- (3) HEARINGS AND ADVICE CONCERNING NEGO- act for the resulting agreement to receive mitted with respect to any trade agreement TIATIONS.—Sections 132, 133(a), and 134(a) (19 fast track treatment. entered into under section 3(b) of the Trade U.S.C. 2152, 2153(a), and 2154(a)) are each Sec. 4(a). Notification.—In order for a Agreement Implementation Reform Act amended by striking ‘‘or section 1102 of the trade agreement to be considered under fast after June 1, 2003, because sufficient tangible Omnibus Trade and Competitiveness Act of track procedures, the President must notify progress has not been made in trade negotia- 1988,’’ each place it appears and inserting ‘‘, Congress at least 120 days before the agree- tions.’’, with the blank space being filled section 1102 of the Omnibus Trade and Com- ment is entered into. Once the agreement is with the name of the resolving House of Con- petitiveness Act of 1988, or section 3 of the entered into, the President submits a draft gress. Trade Agreement Implementation Reform implementing bill and supporting docu- (B) PROCEDURE.—Extension disapproval Act,’’. mentation. Only necessary provisions are resolutions— (4) PREREQUISITES FOR OFFERS.—Section permitted in the implementing bill. (i) may be introduced in either House of 134(b) (19 U.S.C. 2154(b)) is amended by in- Sec. 4(b). Application of fast track proce- Congress by any Member of such House; and serting ‘‘or section 3 of the Trade Agreement dures.—Fast track authority is available for (ii) shall be jointly referred, in the House Implementation Reform Act’’ after ‘‘1988’’. agreements entered into by June 1, 2003, with of Representatives, to the Committee on (5) INFORMATION AND ADVICE FROM PRIVATE the possibility of a two year extension for Ways and Means and the Committee on AND PUBLIC SECTORS.—Section 135(a)(1)(A) (19 the deadline. In contrast to previous acts, Rules. U.S.C. 2155(a)(1)(A)) is amended by inserting the fast track authority provided for in this (C) APPLICATION OF SECTION 152.—The provi- ‘‘or section 3 of the Trade Agreement Imple- bill would permit amendments to provisions sions of sections 152 (d) and (e) of the Trade mentation Reform Act’’ after ‘‘1988’’. of the implementing bill that are revenue Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relat- (6) MEETING OF ADVISORY COMMITTEES AT provisions related to pay/go. If there is no ing to the floor consideration of certain reso- CONCLUSION OF NEGOTIATIONS.—Section 135(e) agreement in conference over the revenue lutions in the House and Senate) apply to ex- (19 U.S.C. 2155(e)) is amended— amendments, the unamended implementing tension disapproval resolutions. (A) in paragraph (1), by inserting ‘‘or sec- bill submitted by the President would be (D) OTHER REQUIREMENTS.—It is not in tion 3 of the Trade Agreement Implementa- voted on. order for— tion Reform Act’’ after ‘‘1988’’ the first two Sec. 4(c). Disapproval resolution.—Con- (i) the Senate to consider any extension places it appears, and by inserting ‘‘or sec- gress may revoke fast track within the 60 disapproval resolution not reported by the tion 4(a)(1)(A) of the Trade Agreement Im- day consultation period prior to initiation of Committee on Finance; plementation Reform Act’’ after ‘‘1988’’ the negotiations. Fast track can also be revoked (ii) the House of Representatives to con- third place it appears; and at any time during the negotiations for lack sider any extension disapproval resolution (B) in paragraph (2), by inserting ‘‘or sec- of consultations if disapproval resolutions not reported by the Committee on Ways and tion 2 of the Trade Agreement Implementa- are passed separately by both Houses within Means and the Committee on Rules; or tion Reform Act’’ after ‘‘1988’’. any 60 day period.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S897 Sec. 5. Extension of fast track proce- attorneys who had negotiated the manifest themselves. As Prof. John dures.—Fast track procedures apply to any agreement that cost her $75. No sooner Coffee of Columbia Law School has agreement entered into before June 1, 2003, had she sued them for what they had written, ‘‘the class action is providing with the possibility of a two year extension. done, than these attorneys turned a means by which unsuspecting future The extension will be denied if either House passes a disapproval resolution. around and sued her and her pro bono claimants suffer the extinguishment of Sec. 6. Conforming amendments. attorneys in Alabama—a State she has their claims even before they learn of Sec. 7. Advisory committee reports.—Pri- never visited—for abuse of process and their injury.’’ vate sector advisory committee reports have malicious prosecution and asked for $25 In light of the incentives that are to be submitted not more than 45 days after million in damages against her. Both of driving the parties, it is easy to see the President notifies Congress of his intent these lawsuits are ongoing; indeed the how the class members can be left out to enter into an agreement.∑ suit that Ms. Preston filed is now the in the cold. Plaintiffs attorneys and subject of a petition for a writ of cer- corporate defendants can reach agree- By Mr. KOHL: tiorari to the Supreme Court. Not only ments that satisfy their respective in- S. 254. A bill to amend part V of title did Ms. Preston lose $75, but now as a terests—and even the interests of the 28, United States Code, to require that result of trying to defend herself from name class plaintiffs—but that short the Department of Justice and State being fleeced she is defending a $25 mil- sell the interests any class members attorneys general are provided notice lion lawsuit against her. who are not vigilantly monitoring the of a class action certification or settle- The Preston case is especially egre- litigation. ment, and for other purposes; to the gious. Unfortunately it is not uncom- Although members of class actions Committee on the Judiciary. mon. The system of class action law get notices of settlements, the settle- f suits has created a climate where this ments are often written in incompre- THE CLASS ACTION FAIRNESS ACT kind of abuse is possible. hensible legalese. Let me give you an OF 1997 A class action is a lawsuit in which example of a recent notice: an attorney not only represents an in- ∑ Mr. KOHL. Mr. President, I introduce ‘‘The Rebate payable to the eligible mem- dividual plaintiff but, in addition, ber [sic] of the Open Class and the Closed the Class Action Fairness Act of 1997. seeks relief for all those individuals Class shall be an amount equal to (i) the Av- This legislation is necessary to address who have suffered an injury similar to erage Surplus, as determined by the above a troubling and growing problem in the plaintiff. For example, a suit subparagraph, multiplied by (ii) 50% multi- class action litigation—unfair and abu- brought against a pharmaceutical complied by (iii) 3% multiplied by (a) 1 if the sive settlements that ignore the best pany by a person suffering from the loan was serviced for at least 1 year but less than . . . .’’ interests of injured plaintiffs while un- side effects of a drug can, if the court scrupulous defendants and attorneys approves it as a class action, be ex- Even well trained attorneys are hard reap the rewards. panded to cover all individuals who pressed to understand these notices. Let me give you an example of this used the drug. But these long, finely printed and in- situation. It involves a class action set- Often, these suits are settled. The tricate letters are being sent to class tlement that affected a constituent of settlement agreements provide money members. And on the basis of these no- mine, Martha Preston of Baraboo, WI. and/or other forms of compensation. tices, people’s legal rights are being Ms. Preston was a member of a class The attorneys who brought the class eliminated and in cases like Ms. Pres- action lawsuit filed in Alabama State action suit also get paid for their work. ton’s they are being injured. Court against BancBoston Mortgage All class members are usually notified We all know that class action suits Corp. The suit alleged that the bank of the terms of the settlement and fre- can result in significant and important was holding an excess balance of Ms. quently—but not always—given the benefits for class members and for our Preston’s money in her mortgage es- chance to withdraw from the agree- society. Class actions have been used crow account. As with many class ment if they do not want to be part of to desegregate racially divided schools, members in this case—and in most it. A court must ultimately approve a to obtain redress for victims of em- class action lawsuits—Ms. Preston did settlement agreement. ployment discrimination, and to com- not actually initiate the suit or even Many of these suits are brought and pensate individuals exposed to toxic have knowledge that her mortgage settled fairly and in good faith. Unfor- chemicals or defective products. Class company was being sued on her behalf. tunately, we also know that there are a actions increase access to our civil jus- But a group of lawyers who claimed to few unscrupulous lawyers who file class tice system because they enable people represent her and all other people in a actions in search of big attorney fees to pursue claims that collectively that similar situation filed the suit on be- rather than to get compensation for would otherwise be too expensive to half of the class and negotiated a set- victims. And the class action system litigate. tlement of the suit, as they are allowed does not adequately protect class mem- The difficulty in any effort to im- to under the law. bers from such predatory acts. The pri- prove a basically good system is in The settlement they negotiated pro- mary problem is that the client in a weeding out the abuses without caus- vided that the bank would refund the class action is a diffuse group of thou- ing undue damage. The legislation I excess money that it was holding and sands of individuals scattered across propose attempts to do this. It does not provide a small amount of compensa- the country. The group is so diffuse limit anyone’s ability to file a class action to the plaintiffs for lost interest. that it is incapable of exercising mean- tion or to settle a class action. It seeks Pursuant to the settlement, Ms. Pres- ingful control over the litigation. As a to address the problem in two ways. ton received a check for $4.38 to com- result, while in theory the class action First, it requires that State attorneys pensate her for the interest she would lawyers must be responsive to their cli- general be notified about potential have earned had the excess money been ents, in practice, the lawyers control class action settlements that would af- invested. A few months later, a mis- all aspects of the litigation. fect residents of their states. With this cellaneous disbursement of $80.94 Moreover, when a class action is set- systematic notification in place, the showed up on her escrow account. That tled, the amount of the attorneys fee is attorneys general can intervene in $80 went to pay the class action attor- negotiated between the plaintiffs’ law- cases where they think the settlements neys their fee for getting her $4.38. So yers and the defendants. But in most are unfair. Second, the legislation re- Ms. Preston ended up losing $75 as the cases the fee is paid by the class mem- quires that class members be notified result of a lawsuit filed without her bers—the only party that does not have of a potential settlement in clear, eas- knowledge and that purported to be to a seat at the bargaining table. ily understood English—not legal jar- her advantage. In addition, class actions are now gon. Unfortunately, Ms. Preston’s losses being used by defendants as a tool to Let me emphasize the limited scope did not end there. She was understand- limit their future liabilities. Class ac- of this measure: we do not require that ably upset at what happened to her. So tions are being settled that cover all State attorney generals do anything she found an attorney who was willing individuals exposed to a particular sub- with the notice that they receive. No to represent her pro bono. She sued the stance but whose injuries have not yet obligations are imposed upon them at

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S898 CONGRESSIONAL RECORD — SENATE January 30, 1997 all, although we are hopeful that they ‘‘(c) No later than 10 days after a proposed sides in a State where the State attorney will act when appropriate. Moreover, settlement in a class action is filed in court, general has not been provided notice and ma- we do not give the attorneys general class counsel shall serve the State attorney terials under subsection (c). The rights cre- any new or special rights to intervene general of each State in which a class mem- ated by this subsection shall apply only to ber resides and the Department of Justice as class members or any person acting on their in the settlements. They must work if they were parties in the class action behalf, and shall not be construed to limit within current law. with— any other rights affecting a class member’s The simple goal of this legislation is ‘‘(1) a copy of the complaint and any mate- participation in the settlement. to provide better information and bet- rials filed with the complaint and any ‘‘(2) Nothing in this chapter shall be con- ter consumer protection through great- amended complaints; strued to impose any obligations, duties, or er knowledge. We do not want to close ‘‘(2) notice of any future scheduled judicial responsibilities upon State attorneys gen- the courthouse door to meritorious hearing in the class action; eral’’ or the attorney general of the United ‘‘(3) any proposed or final notification to cases, but merely assure that people States. class members of— (b) TECHNICAL AND CONFORMING AMEND- are provided with meaningful informa- ‘‘(A) their rights to request exclusion from MENT.—The table of chapters for part V of tion so that they can defend them- the class action; and title 28, United States Code, is amended by selves. ‘‘(B) a proposed settlement of a class ac- inserting after the item relating to chapter Mr. President, I ask unanimous con- tion; 113 the following: sent that the text of the bill be printed ‘‘(4) any proposed or final class action set- ‘‘114. Class Actions 1711’’. tlement; in the RECORD. ‘‘(5) any settlement or other agreement SEC. 3. There being no objection, the bill was contemporaneously made between class APPLICABILITY. ordered to be printed in the RECORD, as counsel and counsel for the defendants; This section and the amendments made by follows: ‘‘(6) any final judgment or notice of dis- this section shall apply to all class action S. 254 missal; lawsuits filed after or pending one year after the date of enactment of this Act.∑ Be it enacted by the Senate and House of Rep- ‘‘(7)(A) if feasible the names of class mem- resentatives of the United States of America in bers who reside in each State attorney gen- f Congress assembled, eral’s respective State and their estimated proportionate claim to the entire settle- ADDITIONAL COSPONSORS SECTION 1. SHORT TITLE. ment; or S. 4 This section may be cited as the ‘‘Class Ac- (B) if not feasible, a reasonable estimate of tion Fairness Act of 1997’’. At the request of Mr. ASHCROFT, the the number of class members residing in name of the Senator from Mississippi SEC. 2. NOTIFICATION REQUIREMENT OF CLASS each attorney general’s State and their esti- ACTION CERTIFICATION OR SETTLE- mated proportionate claim to the entire set- [Mr. COCHRAN] was added as a cospon- MENT. tlement; and sor of S. 4, a bill to amend the Fair (a) IN GENERAL.—Part V of title 28, United ‘‘(8) any written judicial relating to the Labor Standards Act of 1938 to provide States Code, is amended by inserting after materials described under paragraphs (3) to private sector employees the same chapter 113 the following new chapter: through (6). opportunities for time-and-a-half com- ‘‘CHAPTER 114—CLASS ACTIONS ‘‘(d) A hearing to consider final approval of pensatory time off, biweekly work pro- ‘‘Sec. a proposed settlement may not be held ear- grams, and flexible credit hour pro- ‘‘1711. Notification of class action certifi- lier than 120 days after the date on which the grams as Federal employees currently cations and settlements. State attorneys general and the Department of Justice are served notice under subsection enjoy to help balance the demands and § 1711. Notification of class action certifi- needs of work and family, to clarify the cations and settlements (c). ‘‘(f) Any court with jurisdiction over a provisions relating to exemptions of ‘‘(a) For purposes of this section, the plaintiff class action shall require that— certain professionals from the min- term— ‘‘(1) any written notice provided to the imum wage and overtime requirements ‘‘(1) ‘class’ means a group of similarly situ- class through the mail or publication in ated individuals, defined by a class certifi- of the Fair Labor Standards Act of printed media contain a short summary 1938, and for other purposes. cation order, that comprise a party in a class written in plain, easily understood language, action lawsuit; describing— S. 11 ‘‘(2) ‘class action’ means a lawsuit filed ‘‘(A) the subject matter of the class action; At the request of Mr. INOUYE, his pursuant to rule 23 of the Federal Rules of ‘‘(B) the legal consequences of joining the name was added as a cosponsor of S. 11, Civil Procedure or similar State rules of pro- class action. a bill to reform the Federal election cedure authorizing a lawsuit to be brought ‘‘(C) if the notice is informing class mem- campaign laws applicable to Congress. by 1 or more representative individuals on bers of a proposed settlement agreement— behalf of a class; ‘‘(i) the benefits that will accrue to the S. 19 ‘‘(3) ‘class certification order’ means an class due to the settlement; At the request of Mr. DODD, the name order issued by a court approving the treat- ‘‘(ii) the rights that class members will of the Senator from Nebraska [Mr. ment of a lawsuit as a class action; lose or waive through the settlement; KERREY] was added as a cosponsor of S. ‘‘(4) ‘class member’ means a person that ‘‘(iii) obligations that will be imposed on 19, a bill to provide funds for child care falls within the definition of the class; the defendants by the settlement; ‘‘(5) ‘class counsel’ means the attorneys for low-income working families, and ‘‘(iv) a good faith estimate of the dollar for other purposes. representing the class in a class action: amount of any attorney’s fee if possible; and ‘‘(6) ‘electronic legal databases’ means ‘‘(v) an explanation of how any attorney’s S. 29 computer services available to subscribers fee will be calculated and funded; and At the request of Mr. LUGAR, the containing text of judicial opinions and ‘‘(D) any other material matter; and name of the Senator from Mississippi other legal materials, such as LEXIS or ‘‘(2) any notice provided through television [Mr. COCHRAN] was added as a cospon- WESTLAW; or radio to inform the class of its rights to sor of S. 29, a bill to repeal the Federal ‘‘(7) ‘official court reporter’ means a pub- be excluded from a class action or a proposed licly available compilation of published judi- settlement shall, in plain, easily understood estate and gift taxes and the tax on cial opinions; language— generation-skipping transfers. ‘‘(8) ‘plaintiff class action’ means a class ‘‘(A) describe the individuals that may po- S. 30 action in which the plaintiff is a class; and tentially become class members in the class At the request of Mr. LUGAR, the ‘‘(9) ‘proposed settlement’ means a settle- action; and name of the Senator from Mississippi ment agreement between the parties in a ‘‘(B) explain that the failure of individuals [Mr. COCHRAN] was added as a cospon- class action that is subject to court approval falling within the definition of the class to before it becomes binding on the parties. exercise their right to be excluded from a sor of S. 30, a bill to increase the uni- ‘‘(b) This section shall apply to) class action will result in the individual’s in- fied estate and gift tax credit to ex- ‘‘(1) all plaintiff class actions filed in Fed- clusion in the class action. empt small businesses and farmers eral court; and ‘‘(g) Compliance with this section shall not from inheritance taxes. ‘‘(2) all plaintiff class actions filed in State immunize any party from any legal action S. 31 court in which— under Federal or State law, including ac- At the request of Mr. LUGAR, the ‘‘(A) any class member resides outside the tions for malpractice or fraud. State in which the action is filed; and ‘‘(h)(1) A class member may refuse to com- name of the Senator from Mississippi ‘‘(B) the transaction or occurrence that ply with and may choose not to be bound by [Mr. COCHRAN] was added as a cospon- gave rise to the lawsuit occurred in more a settlement agreement or consent decree in sor of S. 31, a bill to phase-out and re- than one State. a class action lawsuit if the class member repeal the Federal estate and gift taxes

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S899 and the tax on generation-skipping work in the Federal Government until his re- of the Legislative Reorganization Act of transfers. turn to the Senate in 1977, where he has 1946). served as deputy supervisor of the Door- SEC. 3. The committee shall report its find- S. 86 keepers since 1981; ings, together with such recommendations At the request of Ms. SNOWE, the Whereas Richard Gibbons has served as a for legislation as it deems advisable, to the name of the Senator from New York Senate Doorkeeper since 1977, acting as press Senate at the earliest practicable date, but [Mr. D’AMATO] was added as a cospon- liaison outside the President’s room just off not later than February 28, 1997, and Feb- sor of S. 86, a bill to amend the Public the Senate floor; ruary 28, 1998, respectively. Health Service Act to provide, with re- Whereas since the 103d Congress Richard SEC. 4. Expenses of the committee under spect to research on breast cancer, for Gibbons has served in the Senate Chamber this resolution shall be paid from the contingent fund of the Senate upon vouchers ap- the increased involvement of advocates and has diligently assisted both Senators and staff alike in a myriad of tasks in addi- proved by the chairman of the committee, in decision making at the National tion to his role of helping to maintain order except that vouchers shall not be required (1) Cancer Institute. in the Chamber; for the disbursement of salaries of employees S. 122 Whereas each of these three gentlemen has paid at an annual rate, or (2) for the pay- At the request of Mr. MOYNIHAN, the faithfully served the Senate and they have ment of telecommunications provided by the name of the Senator from West Vir- carried out their duties with efficiency and Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the ginia [Mr. BYRD], was added as a co- good nature: Now, therefore, be it payment of stationery supplies purchased sponsor of S. 122, a bill to amend the Resolved, That the Senate extends its thanks to Arthur Curran, Donn Larson, and through the Keeper of the Stationery, United Internal Revenue Code of 1986 to cor- Richard Gibbons for their many years of States Senate, or (4) for payments to the rect the treatment of tax-exempt fi- dedicated service and wishes them well in Postmaster, United States Senate, or (5) for nancing of professional sports facili- their future aspirations. the payment of metered charges on copying ties. The Secretary of the Senate shall transmit equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United S. 127 a copy of this resolution to Arthur Curran, Donn Larson, and Richard Gibbons. States Senate, or (6) for the payment of Sen- At the request of Mr. MOYNIHAN, the ate Recording and Photographic Services. names of the Senator from Arkansas f SEC. 5. There are authorized such sums as [Mr. BUMPERS], the Senator from Indi- SENATE RESOLUTION 37—ORIGI- may be necessary for agency contributions ana [Mr. COATS], the Senator from Mis- related to the compensation of employees of NAL RESOLUTION REPORTED AU- sissippi [Mr. COCHRAN], the Senator the committee from March 1, 1997, through THORIZING EXPENDITURES BY from California [Mrs. FEINSTEIN], the February 28, 1998, and March 1, 1998, through THE COMMITTEE ON FOREIGN February 28, 1999, to be paid from the Appro- Senator from Hawaii [Mr. INOUYE], the RELATIONS priations account for ‘‘Expenses of Inquiries Senator from Vermont [Mr. JEFFORDS], and Investigations.’’ the Senator from New Jersey [Mr. LAU- Mr. HELMS, from the Committee on f TENBERG], and the Senator from Mary- Foreign Relations, reported the fol- land [Mr. SARBANES] were added as co- lowing original resolution; which was SENATE RESOLUTION 38—ORIGI- sponsors of S. 127, a bill to amend the referred to the Committee on Rules NAL RESOLUTION REPORTED AU- Internal Revenue Code of 1986 to make and Administration: THORIZING EXPENDITURE BY permanent the exclusion for employer- S. RES. 37 THE COMMITTEE ON ARMED provided educational assistance pro- Resolved, That, in carrying out its powers, SERVICES grams, and for other purposes. duties, and functions under the Standing Mr. THURMOND, from the Com- Rules of the Senate, in accordance with its S. 183 mittee on Armed Services, reported the jurisdiction under rule XXV of such rules, in- At the request of Mr. DODD, the name cluding holding hearings, reporting such following original resolutions; which of the Senator from Illinois [Ms. hearings, and making investigations as au- was referred to the Committee on MOSELEY-BRAUN] was added as a co- thorized by paragraphs 1 and 8 of rule XXVI Rules and Administration: sponsor of S. 183, a bill to amend the of the Standing Rules of the Senate, the S. RES. 38 Family and Medical Leave Act of 1993 Committee on Foreign Relations, is author- Resolved, That, in carrying out its powers, to apply the Act to a greater percent- ized from March 1, 1997, through February 28, duties, and functions under the Standing age of the United States workforce, 1998, and March 1, 1998, through February 28, Rules of the Senate, in accordance with its and for other purposes. 1999, in its discretion (1) to make expendi- jurisdiction under rule XXV of such rules, in- tures from the contingent fund of the Sen- cluding holding hearings, and reporting such S. 207 ate, (2) to employ personnel, and (3) with the hearings, and making investigations as au- At the request of Mr. MCCAIN, the prior consent of the Government department thorized by paragraphs 1 and 8 of rule XXVI names of the Senator from Michigan or agency concerned and the Committee on of the Standing Rules of the Senate, the [Mr. ABRAHAM] and the Senator from Rules and Administration, to use on a reim- Committee on Armed Services is authorized Maine [Ms. COLLINS] were added as co- bursable or non-reimbursable basis the serv- from March 1, 1997, through February 28, sponsors of S. 207, a bill to review, re- ices of personnel of any such department or 1998, and March 1, 1998, through February 28, agency. form, and terminate unnecessary and 1999, in its discretion (1) to make expendi- SEC. 2. The expenses of the committee for inequitable Federal subsidies. tures from the contingent fund of the Sen- the period March 1, 1997, through February ate, (2) to employ personnel, and (3) with the f 28, 1998, under this resolution shall not ex- prior consent of the Government department SENATE RESOLUTION 36— ceed $2,710,573, of which amount (1) not to ex- or agency concerned and the Committee on ceed $45,000 may be expended for the procure- RELATIVE TO RETIREMENTS Rules and Administration, to use on a reim- ment of the services of individual consult- bursable or non-reimbursable basis the serv- Mr. LOTT (for himself and Mr. ants, or organizations thereof (as authorized ices of personnel or any such department or DASCHLE) submitted the following reso- by section 202(i) of the Legislative Reorga- agency. lution; which was considered and nization Act of 1946, as amended), and (2) not SEC. 2. The expenses of the committee for agreed to: to exceed $1,000 may be expended for the the period March 1, 1997, through February training of the professional staff of such 28, 1998, under this resolution shall not ex- S. RES. 36 committee (under procedures specified by ceed $2,704,397. Whereas Arthur Curran, Donn Larson and section 202(j) of the Legislative Reorganiza- (b) For the period March 1, 1998, through Richard Gibbons will retire from the Senate tion Act of 1946). February 28, 1999, expenses of the committee on January 31, 1997; (b) For the period March 1, 1998, through under this resolution shall not exceed Whereas Arthur Curran was appointed as a February 28, 1999, expenses of the committee $2,776,389. Senate Doorkeeper in 1975 by Vice President under this resolution shall not exceed SEC. 3. The committee shall report its find- Rockefeller; $2,782,749, of which amount (1) not to exceed ings, together with such recommendations Whereas Arthur Curran rose to the post of $45,000 may be expended for the procurement for legislation as it deems advisable, to the Superintendent of Doorkeepers and has duti- of the services of individual consultants, or Senate at the earliest practicable date, but fully served in that post for the last 15 years; organizations thereof (as authorized by sec- not later than February 28, 1997, and Feb- Whereas Donn Larson first began his Sen- tion 202(i) of the Legislative Reorganization ruary 28, 1998, respectively. ate career under an appointment from Sen- Act of 1946, as amended), and (2) not to ex- SEC. 4. Expenses of the committee under ator Milton Young in 1959; ceed $1,000 may be expended for the training this resolution shall be paid from the contin- Whereas Donn Larson served in the Repub- of the professional staff of such committee gent fund of the Senate upon vouchers ap- lican cloakroom from 1961 to 1968, leaving to (under procedures specified by section 202(j) proved by the chairman of the committee,

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S900 CONGRESSIONAL RECORD — SENATE January 30, 1997 except that vouchers shall not be required (1) (1) the efficiency and economy of oper- (C) the pricing of energy in all forms; for the disbursement of salaries of employees ations of all branches of the Government in- (D) coordination of energy programs with paid at an annual rate, or (2) for the pay- cluding the possible existence of fraud, mis- State and local government; ment of telecommunications provided by the feasance, malfeasance, collusion, mis- (E) control of exports of scarce fuels; Office of the Sergeant at Arms and Door- management, incompetence, corruption, or (F) the management of tax, import, pric- keeper, United States Senate, or (3) for the unethical practices, waste, extravagance, ing, and other policies affecting energy sup- payment of stationery supplies purchased conflicts of interest, and the improper ex- plies; (G) maintenance of the independent sector through the Keeper of the Stationery, United penditure of government funds in trans- of the petroleum industry as a strong com- States Senate, or (4) for payments to the actions, contracts, and activities of the gov- Postmaster, United States Senate, or (5) for petitive force; ernment or of government officials and em- (H) the allocation of fuels in short supply the payment of metered charges on copying ployees and any and all such improper prac- by public and private entities; equipment provided by the Office of the Ser- tices between Government personnel and (I) the management of energy supplies geant at Arms and Doorkeeper, United corporations, individuals, companies, or per- owned or controlled by the Government; States Senate, or (6) for the payment of Sen- sons affiliated therewith, doing business (J) relations with other oil producing and ate Recording and Photographic Services. with the Government; and the compliance or consuming countries; SEC. 5. There are authorized such sums as noncompliance of such corporations, compa- (K) the monitoring of compliance by gov- may be necessary for agency contributions nies, or individuals or other entities with the ernments, corporations, or individuals with related to the compensation of employees of rules, regulations, and laws governing the the laws and regulations governing the allo- the committee from March 1, 1997, through various governmental agencies and its rela- cation, conservation, or pricing of energy February 28, 1998, and March 1, 1998, through tionships with the public. supplies; and February 28, 1999, to be paid from the Appro- (2) the extent to which criminal or other (L) research into discovery and develop- priations account for ‘‘Expenses of Inquires improper practices or activities are, or have ment of alternative energy supplies; and and Investigations.’’ been, engaged in the field of labor-manage- (7) the efficiency and economy of all f ment relations or in groups or organizations branches and functions of government with of employees or employers, to the detriment particular reference to the operations and SENATE RESOLUTION 39—ORIGI- of interests of the public, employers, or em- management of Federal regulatory policies NAL RESOLUTION REPORTED AU- ployees, and to determine whether any and programs: Provided, That, in carrying THORIZING EXPENDITURES BY changes are required in the laws of the out the duties herein set forth, the inquiries THE COMMITTEE ON GOVERN- United States in order to protect such inter- of this committee or any subcommittee MENTAL AFFAIRS ests against the occurrence of such practices thereof shall not be deemed limited to the records, functions, and operations of any Mr. THOMPSON, from the Com- or activities; (3) organized criminal activities which particular branch of the Government; but mittee on Governmental Affairs, re- may operate in or otherwise utilize the fa- may extend to the records and activities of any persons, corporation, or other entity. ported the following original resolu- cilities of interstate or international com- tion; which was referred to the Com- (b) Nothing contained in this section shall merce in furtherance of any transactions and affect or impair the exercise of any other mittee on Rules and Administration: the manner and extent to which, and the standing committee of the Senate of any S. RES. 39 identity of the persons, firms, or corpora- power, or the discharge by such committee Resolved, That, in carrying out its powers, tions, or other entities by whom such utili- of any duty, conferred or imposed upon it by duties, and functions under the Standing zation is being made, and further, to study the Standing Rules of the Senate or by the Rules of the Senate, in accordance with its and investigate the manner in which and the Legislative Reorganization Act of 1946, as jurisdiction under rule XXV of such rules, in- extent to which persons engaged in organized amended. cluding holding hearings, reporting such criminal activity have infiltrated lawful (c) For the purpose of this section the com- hearings, and making investigations as au- business enterprise, and to study the ade- mittee, or any duly authorized sub- thorized by paragraphs 1 and 8 of rule XXVI quacy of Federal laws to prevent the oper- committee thereof, or its chairman, or any of the Standing Rules of the Senate, the ations of organized crime in interstate or other member of the committee or sub- Committee on Governmental Affairs is au- international commerce; and to determine committee designated by the chairman, from thorized from March 1, 1997, through Feb- whether any changes are required in the laws March 1, 1997, through February 28, 1998, and ruary 28, 1998, and March 1, 1998 through Feb- of the United States in order to protect the March 1, 1998, through February 28, 1999, is ruary 28, 1999, in its discretion (1) to make public against such practices or activities; authorized, in its, his, or their discretion (1) expenditures from the contingent fund of the (4) all other aspects of crime and lawless- to require by subpoena or otherwise the at- Senate, (2) to employ personnel, and (3) with ness within the United States which have an tendance of witnesses and production of cor- the prior consent of the Government depart- impact upon or affect the national health, respondence, books, papers, and documents, ment or agency concerned and the Com- welfare, and safety; including but not lim- (2) to hold hearings, (3) to sit and act at any mittee on Rules and Administration, to use ited to investment fraud schemes, com- time or place during the sessions, recess, and on a reimbursable, or non-reimbursable basis modity and security fraud, computer fraud adjournment periods of the Senate, (4) to ad- the services of personnel of any such depart- and the use of offshore banking and cor- minister oaths, and (5) to take testimony, ei- ment or agency. porate facilities to carry out criminal objec- ther orally or by sworn statement, or, in the SEC. 2. The expenses of the committee for tives; case of staff members of the Committee and the period March 1, 1997, through February (5) The efficiency and economy of oper- the Permanent Subcommittee on Investiga- 28, 1998, under this resolution shall not ex- ations of all branches and functions of the tions, by deposition in accordance with the ceed $11,050,721, of which amount (1) not to Government with particular reference to— Committee Rules of Procedure. exceed $375,000 may be expended for the pro- (A) The effectiveness of present national (d) All subpoenas and related legal proc- curement of the services of individual con- security methods, staffing, and processes as esses of the committee and its subcommittee sultants, or organizations thereof (as author- tested against the requirements imposed by authorized under S. Res. 71 of the One Hun- ized by section 202(i) of the Legislative Reor- the rapidly mounting complexity of national dredth Third Congress, second session, are ganization Act of 1946, as amended), and not security problems; authorized to continue. to exceed $2,470 may be expended for the (B) the capacity of present national secu- SEC. 4. The committee shall report its find- training of the professional staff of such rity staffing, methods, and processes to ings, together with such recommendations committee (under procedures specified by make full use of the Nation’s resources of for legislation as it deems advisable, to the section 202(j) of the Legislative Reorganiza- knowledge and talents; Senate at the earliest practicable date, but tion Act of 1946). (C) the adequacy of present intergovern- not later than February 28, 1995, and Feb- (b) For the period March 1, 1998, through mental relations between the United States ruary 1996, respectively. February 28, 1999, expenses of the committee and international organizations principally SEC. 5. Expenses of the committee under under this resolution shall not exceed concerned with national security of which this resolution shall be paid from the contin- $4,653,386, of which amount (1) not to exceed the United States is a member; and gent fund of the Senate upon vouchers ap- $75,000 may be expended for the procurement (D) legislative and other proposals to improved by the chairman of the committee, of the services of individual consultants, or prove these methods, processes, and relation- except that vouchers shall not be required (1) organizations thereof (as authorized by sec- ships; for the disbursement of salaries of employees tion 202(i) of the Legislative Reorganization (6) The efficiency, economy, and effective- paid at an annual rate, or (2) the payment of Act of 1946, as amended), and not to exceed ness of all agencies and departments of the telecommunications provided by the Office $2,470 may be expended for the training of Government involved in the control and of the Sergeant at Arms and Doorkeeper, the professional staff of such committee management of energy shortages including, United States Senate, or (3) for the payment (under procedures specified by section 202(j) but not limited to, their performance with of stationery keeper, United States Senate, of the Legislative Reorganization Act of respect to— or (3) for the payment of stationery supplies 1946). (A) the collection and dissemination of ac- purchased through the Keeper of the Sta- SEC. 3. (a) The committee, or any duly au- curate statistics on fuel demand and supply; tionery, United States Senate, or (4) for pay- thorized subcommittee thereof, is authorized (B) the implementation of effective energy ments to the Postmaster, United States Sen- to study or investigate conservation measures; ate, or (5) for the payment of metered

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S901 charges on copying equipment provided by ment of telecommunications provided by the (2) for the payment of telecommunications the Office of the Sergeant at Arms and Door- Office of the Sergeant at Arms and Door- provided by the Office of the Sergeant at keeper, United States Senate, or (6) for the keeper, United States Senate, or (3) for the Arms and Doorkeeper, United States Senate, payment of Senate Recording and Photo- payment of stationery supplies purchased (3) for the payment of stationery supplies graphic Services. through the Keeper of the Stationery, United purchased through the Keeper of the Sta- SEC. 6 There are authorized such sums as States Senate, or (4) for payments to the tionery, United States Senate, may be necessary for agency contributions postmaster, United States Senate, or (5) for (4) for payments to the Postmaster, United related to the compensation of employees of the payment of metered charges on copying States Senate, the committee from March 1, 1997, through equipment provided by the Office of the Ser- (5) for the payment of metered charges on February 28, 1998, and March 1, 1998, through geant at Arms and Doorkeeper, United copying equipment provided by the Office of February 28, 1999, to be paid from the Appro- States Senate, or (6) for the payment of Sen- the Sergeant at Arms and Doorkeeper, priations account for ‘‘Expenses of Inquiries ate Recording and Photographic Services. United States Senate, or and Investigations.’’ SEC. 5. There are authorized such sums as (6) for the payment of Senate Recording f may be necessary for agency contributions and Photographic Services. related to the compensation of employees of SEC. 5. There are authorized such sums as SENATE RESOLUTION 40—ORIGI- the committee from March 1, 1997, through may be necessary for agency contributions NAL RESOLUTION REPORTED AU- February 28, 1998, and March 1, 1998, through related to the compensation of employees of THORIZING EXPENDITURES BY February 28, 1999, to be paid from the Appro- the committee from March 1, 1997, through THE COMMITTEE ON SMALL priations account for ‘‘Expenses of Inquiries February 28, 1998, and March 1, 1998, through BUSINESS and Investigations.’’ February 28, 1999, to be paid from the Appro- priations account for ‘‘Expenses of Inquiries Mr. BOND, from the Committee on f and Investigations.’’. Small Business, reported the following SENATE RESOLUTION 41—ORIGI- f original resolution; which was referred NAL RESOLUTION REPORTED AU- NOTICES OF HEARINGS to the Committee on Small Business: THORIZING EXPENDITURES BY S. RES. 40 THE SPECIAL COMMITTEE ON COMMITTEE ON RULES AND ADMINISTRATION Resolved, That, in carrying out its powers, AGING Mr. WARNER. Mr. President, I wish duties, and functions under the Standing to announce that the Committee on Mr. GRASSLEY, from the Special Rules of the Senate, in accordance with its Rules and Administration will meet in Committee on Aging, reported the fol- jurisdiction under rule XXV of such rules, in- SR–301, Russell Senate Office Building cluding holding hearings, reporting such lowing original resolution; which was on Tuesday, February 4, 1997, Wednes- hearings, and making investigations as au- referred to the Committee on Rules day, February 5, 1997, and Thursday, thorized by paragraphs 1 and 8 of rule XXVI and Administration: of the Standing Rules of the Senate, the February 6, 1997, all at 9:30 a.m. to re- S. RES. 41 Committee on Small Business is authorized ceive testimony from committee chair- from March 1, 1997, through February 28, Resolved, That, in carrying out its powers, men and ranking members on their 1998, and March 1, 1998, through February 28, duties, and functions under the Standing committee funding resolutions for 1997 1999, in its discretion (1) to make expendi- Rules of the Senate, in accordance with its and 1998. tures from the contingent fund of the Sen- jurisdiction under rule XXV of such rules, including holding hearings, reporting such For further information concerning ate, (2) to employ personnel, and (3) with the this hearing, please contact Chris prior consent of the Government department hearings, and making investigations as au- or agency concerned and the Committee on thorized by paragraphs 1 and 8 of rule XXVI Shunk of the committee staff on 224– Rules and Administration, to use on a reim- of the Standing Rules of the Senate, the Spe- 9528. bursable or non-reimbursable basis the serv- cial Committee on Aging is authorized from COMMITTEE ON ENERGY AND NATURAL ices of personnel of any such department or March 1, 1997, through February 28, 1998, and RESOURCES agency. March 1, 1998, through February 28, 1999, in Mr. MURKOWSKI. Mr. President, I its discretion— SEC. 2. The expenses of the committee for would like to announce for the public the period March 1, 1997, through February (1) to make expenditures from the contin- 28, 1998, under this resolution shall not ex- gent fund of the Senate, that the hearing scheduled before the ceed $1,084,471, of which amount (1) not to ex- (2) to employ personnel, and full Energy and Natural Resources ceed $10,000 may be expended for the procure- (3) with the prior consent of the Govern- Committee to receive testimony re- ment of the services of individual consult- ment department or agency concerned and garding S. 210, ‘‘To Amend the Organic ants, or organizations thereof (as authorized the Committee on Rules and Administration, Act of Guam, the Revised Organic Act by section 202(i) of the Legislative Reorga- to use on a reimbursable or nonreimbursable of the Virgin Islands, and the Compact nization Act of 1946, as amended), and (2) not basis the services of personnel of any such of Free Association Act, and for other department or agency. to exceed $5,000 may be expended for the purposes.’’ The hearing will take place training of the professional staff of such SEC. 2. (a) The expenses of the committee committee (under procedures specified by for the period March 1, 1997, through Feb- on Thursday, February 6, 1997, at 9:30 section 202(j) of the Legislative Reorganiza- ruary 28, 1998, under this resolution shall not a.m., in room SD–366 of the Dirksen tion Act of 1946). exceed $1,133,674, of which amount not to ex- Senate Office Building in Washington, (b) For the period of March 1, 1998, through ceed $15,000 may be expended for the procure- DC. February 28, 1999, expenses of the committee ment of the services of individual consult- For further information, please call under this resolution shall not exceed ants or organizations thereof (as authorized James Beirne, Senior counsel (202) 224– $1,112,732, of which amount (1) not to exceed by section 202(i) of the Legislative Reorga- 2564 or Betty Nevitt, staff assistant at nization Act of 1946, as amended). $10,000 may be expended for the procurement (202) 224–0765. of the services of individual consultants, or (b) For the period March 1, 1998, through organizations thereof (as authorized by sec- February 28, 1999, expenses of the committee f tion 202(i) of the Legislative Reorganization under this resolution shall not exceed AUTHORITY FOR COMMITTEES TO $1,162,865, of which amount not to exceed Act of 1946, as amended), and (2) not to ex- MEET ceed $5,000 may be expended for the training $15,000 may be expended for the procurement of the professional staff of such committee of the services of individual consultants or COMMITTEE ON ARMED SERVICES (under procedures specified by section 202(j) organizations thereof (as authorized by sec- Mr. LOTT. Mr. President, I ask unan- of the Legislative Reorganization Act of tion 202(i) of the Legislative Reorganization imous consent that the Committee on 1946). Act of 1946, as amended). Armed Services be authorized to meet SEC. 3. The committee shall report its find- SEC. 3. The committee shall report its findings, together with such recommendations ings, together with such recommendations at 11 a.m. on Thursday, January 30, for legislation as it deems advisable, to the for legislation as it deems advisable, to the 1997, in executive session, to discuss Senate at the earliest practicable date, but Senate at the earliest practicable date, but committee organization and rules. not later than February 28, 1997, and Feb- not later than February 28, 1998, and Feb- The PRESIDING OFFICER. Without ruary 28, 1998, respectively. ruary 28, 1999, respectively. objection, it is so ordered. SEC. 4. Expenses of the committee under SEC. 4. Expenses of the committee under COMMITTEE ON ENERGY AND NATURAL this resolution shall be paid from the contin- this resolution shall be paid from the contin- RESOURCES gent fund of the Senate upon vouchers ap- gent fund of the Senate upon vouchers approved by the chairman of the committee, proved by the chairman of the committee, Mr. LOTT. Mr. President, I ask unan- except that vouchers shall not be required (1) except that vouchers shall not be required— imous consent that the Committee on for the disbursement of salaries of employees (1) for the disbursement of salaries of em- Energy and Natural Resources be paid at an annual rate, or (2) for the pay- ployees paid at an annual rate, granted permission to meet during the

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S902 CONGRESSIONAL RECORD — SENATE January 30, 1997 session of the Senate on Thursday, Rules and Administration be author- First, this Commission will do what January 30, 1997, for purposes of con- ized to meet during the session of the we cannot do well: Make an overall in- ducting a full committee hearing Senate on Thursday, January 30, 1997, formed assessment of all programs, on which is scheduled to begin at 10:00 beginning at 9:30 a.m. to hold a hearing both the spending and revenue sides, at a.m. The purpose of this oversight on FEC Authorization and Campaign one time. Over the years, we have cre- hearing is to consider the nomination Finance Reform. ated an intricate, interwoven system of of Federico F. Pen˜ a to be Secretary of The PRESIDING OFFICER. Without subsidies, taxes, and exemptions. For Energy. objection, it is so ordered. example, a Tennessee utility which The PRESIDING OFFICER. Without f would have been affected by the spend- objection, it is so ordered. ing cuts we proposed last Congress ADDITIONAL STATEMENTS COMMITTEE ON FINANCE pointed out to me that they in turn are Mr. LOTT. Mr. President, I ask unan- competing against other energy pro- imous consent that the full Committee THE CORPORATE SUBSIDY viders who receive subsidies in the on Finance be permitted to meet to REFORM COMMISSION ACT form of Federal tax exemptions. conduct a hearing on Thursday, Janu- Second, our experience last Congress ∑ Mr. THOMPSON. Mr. President, we ary 30, 1997, beginning at 10 a.m. in demonstrated that voting hit or miss introduced legislation earlier this week room 215–Dirksen. on individual items is not going to be The PRESIDING OFFICER. Without to establish a Corporate Subsidy Re- successful. One person’s pork is an- objection, it is so ordered. view, Reform, and Termination Com- other’s prize. And no one wants to give mission. We know that many Ameri- COMMITTEE ON FOREIGN RELATIONS up their prize program if there isn’t cans believe that Government operates Mr. LOTT. Mr. President, I ask unan- shared sacrifice. With the commission for the benefit of the few and the privi- imous consent that the Committee on approach, we will know that all pro- leged. They believe the system does not Foreign Relations be authorized to grams have been examined and those operate fairly, and their lack of con- meet during the session of the Senate which provide unjustified subsidies fidence in us affects our ability to on Thursday, January 30, 1997, imme- have been exposed. enact the reforms and make the hard diately after the first rollcall vote to Third, the members of the Commis- decisions which must be made if we are hold a business meeting to vote on sion will be appointed specifically for to get our country back on the right pending items. this purpose by the President and the track again. The PRESIDING OFFICER. Without Congress. They will possess the exper- Last Congress, we actively sought to objection, it is so ordered. tise, authority and stature necessary reform many areas of Government COMMITTEE ON GOVERNMENTAL AFFAIRS to do the job. spending—we reduced Government Fourth, the Commission’s rec- Mr. LOTT. Mr. President, I ask unan- spending by $53 billion, reformed the ommendations will not be buried in the imous consent on behalf of the Govern- welfare system, restructured farm sup- corner of a Federal agency or a con- mental Affairs Committee to meet on ports, rewrote telecommunications gressional committee. While the Presi- Thursday, January 30, at 10 a.m. for law, reformed the Federal procurement dent and Congress will be able to pro- the purpose of continuing its organiza- system, and adopted major immigra- pose amendments to or outright reject tional meeting and approval of the tion reforms. We identified and re- the Commission’s recommendations, committee funding resolution. formed areas of Government spending The PRESIDING OFFICER. Without they must address them. which needed fundamental reform be- S. 207 incorporates provisions to ac- objection, it is so ordered. cause they did not work as well as they commodate many of the concerns COMMITTEE ON INDIAN AFFAIRS should. raised last Congress. This bill takes Mr. LOTT. Mr. President, I ask unan- As part of this process, a bipartisan special note of the Federal Govern- imous consent that the Senate Com- group of Senators examined some pro- ment’s role in the area of international mittee on Indian Affairs be authorized grams whose primary beneficiaries are trade. In establishing the Commission’s to meet during the session of the Sen- profit-making enterprises and proposed review of Federal subsidies, it is not ate on Thursday, January 30, 1997 at reforming 12 specific programs which our intent to unduly disadvantage U.S. 2:30 p.m. to conduct a business meeting are characterized by some element of business interests as they compete in to approve the committee’s budget for corporate subsidization. We chose these the international marketplace. We rec- the 105th Congress. The business meet- examples to demonstrate that such ognize that foreign governments fre- ing will be held in room 485 of the Rus- programs exist in virtually every in- quently subsidize business interests in sell Senate Office Building. dustry, from military construction, to their own countries. Eliminating a par- The PRESIDING OFFICER. Without energy production, to consumer prod- ticular program or subsidy might make objection, it is so ordered. uct advertising. While all the sponsors sense in a purely domestic context, but COMMITTEE ON THE JUDICIARY were not uniformly enthusiastic about such action could place a U.S. company Mr. LOTT. Mr. President, I ask unan- each of the 12 examples, we believed at a severe disadvantage when com- imous consent that the Committee on the package as a whole underscored an peting with a foreign company which the Judiciary be authorized to meet for important point and demonstrated our has the benefit of a subsidy from its an executive business meeting to take willingness to examine Government government. A U.S. Government sub- up committee business, and to mark up spending in every area. This proposal sidy may have been instituted in order the S. Res. 1, the Balanced Budget was offered as an amendment to the to offset a similar subsidy to foreign Amendment, during the session of the reconciliation bill, and received the competitors by foreign governments, Senate on Thursday, January 30, 1997, support of only one-fourth of the Sen- with the intent of leveling the playing at 10:00 a.m. ate. Clearly, this problem needed to be field for U.S. industry. To eliminate The PRESIDING OFFICER. Without attacked in a different way. such a subsidy not only affects the di- objection, it is so ordered. As a result, we introduced another rect U.S. business interests in global COMMITTEE ON THE JUDICIARY bill last Congress which was reported competition, but also reduces the le- Mr. LOTT. Mr. President, I ask unan- favorably by the Committee on Gov- verage of the U.S. Government in trade imous consent that the Committee on ernmental Affairs. It is that bill we in- negotiations. Having matched a foreign the Judiciary be authorized to meet troduced this week to create a Com- government subsidy, the U.S. Govern- during the session of the Senate on mission to fairly and independently re- ment may call for negotiations to end Thursday, January 30, 1997, at 10 a.m. view corporate subsidies and make rec- mutually the practice. We recognize to hold an executive business meeting. ommendations to the President and the the importance of those issues and The PRESIDING OFFICER. Without Congress for the retention, reform, or have included provisions to address objection, it is so ordered. termination of such subsidies. carefully the Federal Government’s COMMITTEE ON RULES AND ADMINISTRATION Why establish a Commission and a role in international trade. Mr. LOTT. Mr. President, I ask unan- new process to do what we could and Mr. President, we must require no imous consent that the Committee on should do directly? less of profit-making enterprises than

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S903 we ask of all Americans. It is a matter He has a rock solid work ethic and a the formation of the Brown family’s of fairness and shared sacrifice. At a deep respect for working men and Berlin Mills Co. It is an industry still time when the national debate is fo- women. Mark himself comes in to the prevalent today. cused on getting control of the budget, job early and stays late. And when the Thomas Green opened Berlin’s first now and in the future, we cannot afford Senate goes out on recess, Mark trav- retail market for business in 1835. By to provide inappropriate corporate sub- els throughout Montana listening and 1890, Berlin developed a downtown of sidies which undermine our efforts and learning from millworkers, farmers, wood framed stores, churches, and which distort the free market. Perhaps small business owners, and people in other public buildings that lined the most importantly, enactment of this every walk of life. And that has helped unpaved streets and wooden board- legislation will demonstrate that Con- me more than I can say. walks. After the turn of the century, gress and the executive branch are seri- And finally, but perhaps most impor- several hotels, theaters, and even a ous about addressing and correcting a tant of all, Mark is one of the most large opera house could be found in the system which the American public as a honest, loyal, and dedicated people I center of Berlin’s flourishing economy. whole sees as benefiting the few with have ever met. On July 24, 1902, a street railway began access and influence, rather than serv- Now Mark is moving on. Everyone in operating between Berlin and Gorham, ing the general public good.∑ our office will miss a valuable co- and in 1920, the railway transported f worker, a respected adviser, and a good over 1.6 million passengers. friend. But I and all the rest of us are Many of the buildings that graced CONGRATULATIONS AND GOOD very proud to have worked with Mark, the streets of Berlin in the early 1900’s WISHES TO MARK SMITH and we wish him the best in the years still exist today and exemplify some of ∑ Mr. BAUCUS. Mr. President, I rise to to come.∑ Berlin’s extraordinary architecture. recognize and offer my deep gratitude f Several of the events planned for Ber- to legislative director, Mark Smith, lin’s centennial celebration will take who tomorrow, after 14 years of public TRIBUTE TO THE TOWN OF BER- place in these historic areas of the service, will leave our office to pursue LIN, NH, AS IT CELEBRATES ITS city. Sunday evening’s formal cere- a career in the private sector. CENTENNIAL ANNIVERSARY monies will be held in Berlin’s city I first became acquainted with Mark ∑ Mr. SMITH. Mr. President, I rise hall, completed in 1914 by A.N. and J.B. in 1983, when he joined my office as a today to pay tribute to the people of Gilbert. The city hall illustrates legislative correspondent. He worked Berlin, NH, on their city’s 100th anni- Gerogian revival architecture. on my second campaign for the Senate versary. The residents of this north I regret I cannot attend the joyous as a driver and advance worker. After country community will begin cele- festivities today, but I warmly con- attending law school, he returned to brating this historic occasion February gratulate the residents of Berlin on 100 my staff as a natural resources expert, 2 and continue celebrating with a num- years of history. I wish to extend my and finally became legislative director ber of festivities including a parade, very best wishes for a festive week of in 1993. Very rarely in my life have I fireworks show, and music presen- activities and continued prosperity. met someone who so embodies the tation. Happy birthday Berlin.∑ qualities of integrity, hard work, perse- The tract of New Hampshire’s wilder- f verance, and loyalty. ness now known as Berlin allowed the Mark’s family comes from Thompson first settlers striving for independence RULES OF THE COMMITTEE ON Falls in the northwest section of Mon- to come across the mountains to start SMALL BUSINESS tana. That part of our State is known a new community in the isolated but ∑ Mr. BOND. Mr. President, pursuant around the world for its spectacular spectacularly beautiful, rugged land. to the Standing Rule 26, I submit the forests and mountains. And it is known At that time, the area was called the rules for the Committee on Small Busi- throughout Montana for the respect its Plantation of Maynesborough after a ness to be printed in the CONGRES- people hold for the land; for their renowned English gentleman to whom SIONAL RECORD that was adopted by the strong ties of family and friendship; it was granted by the Crown in 1771. committee during its business meeting and for their old-fashioned values and Though this area was severe in the on January 29, 1997. work ethic. The rules follow: All these have put their stamp on winter, no one had to go hungry be- RULES OF THE COMMITTEE ON SMALL BUSINESS Mark, and Mark brings them to work cause the woods were full of deer and every day. partridge, and the brooks and river 1. GENERAL He is an expert on the environment teemed with trout. The seemingly end- All applicable provisions of the Standing and natural resources. On these issues, less stands of timber-pine, spruce, fir, Rules of the Senate and of the Legislative and much more scenic beauty stretched Reorganization Act of 1946, as amended, shall Mark has always been able to find the govern the Committee. elusive but essential balance. He has across the land. 2. MEETING AND QUORUMS helped preserve Montana’s most beau- I travel to Berlin often. It is the (a) The regular meeting day of the Com- tiful natural riches, while at the same gateway to northern New Hampshire. I am always heartened by the sense of mittee shall be the first Wednesday of each time promoting and protecting the nat- month unless otherwise directed by the ural resource jobs that sustain so many community spirit and the dedication to Chairman. All other meetings may be called Montana families. The preservation of excellence in the people of this indus- by the Chairman as he deems necessary, on Pompey’s Pillar, the beauty of the Fort trial town. I have worked with the 3 days notice where practicable. If at least Peck Reservoir, and the prosperity of members of the city government, and three Members of the Committee desire the many Montana businesses are due in many residents, on issues ranging from Chairman to call a special meeting, they large part to Mark’s appreciation of environmental protection to job secu- may file in the office of the Committee a our great outdoors. rity at the plants to economic develop- written request therefor, addressed to the He has a respect for public service ment for local business. I know the Chairman. Immediately thereafter, the Clerk of the Committee shall notify the Chairman and reverence for the law that come people of Berlin to possess the Yankee of such request. If, within 3 calendar days right from the heart. Of Mark’s many independence exhibited by the first set- after the filing of such request, the Chair- accomplishments here, perhaps the one tler, William Sessions. That drive, fel- man fails to call the requested special meet- that has made me proudest comes from lowship, and community spirit still ing, which is to be held within 7 calendar this unique quality. That is the con- holds true in the Berlin of today. days after the filing of such request, a major- firmation of two Montanans, Sid The village was incorporated on Feb- ity of the Committee Members may file in Thomas and Ron Molloy, as Federal ruary 2, 1897, by Governor Ramsdell, the Office of the Committee their written judges. Mark helped me create a selec- under the name of Berlin. Over the notice that a special Committee meeting next 20 years, settlers continued farm- will be held, specifying the date, hour and tion process that brought two of the place thereof, and the Committee shall meet most qualified individuals in America ing, running sawmills, and raising at that time and place. Immediately upon to the Federal bench. And that will homes and families. By 1920, Berlin be- the filing of such notice, the Clerk of the benefit every Montanan for many years came a busy industrial center and the Committee shall notify all Committee Mem- to come. capital of the papermaking world with bers that such special meeting will be held

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S904 CONGRESSIONAL RECORD — SENATE January 30, 1997 and inform them of its date, hour and place. sel of his own choosing, who shall be per- of the Committee or the Subcommittee in- If the Chairman is not present at any reg- mitted while the witness is testifying to ad- volved concurs. In no case shall a hearing be ular, additional or special meeting, the vise him of his legal rights. conducted with less than twenty-four hours Ranking Majority member present shall pre- (e) No confidential testimony taken, or notice. side. confidential material presented to the Com- (b) Each witness who is to appear before (b)(1) A majority of the Members of the mittee, or any report of the proceedings of a the Committee or any Subcommittee shall Committee shall constitute a quorum for re- closed hearing, or confidential testimony or file with the Committee or Subcommittee, porting any legislative measure or nomina- material submitted voluntarily or pursuant at least 24 hours in advance of the hearing, a tion. to a supoena, shall be made public, either in written statement of his or her testimony in (2) One-third of the Members of the Com- whole or in part or by way of summary, un- as many copies as the Chairman of the Com- mittee shall constitute a quorum for the less authorized by a majority of the Members mittee or Subcommittee prescribes. transaction of routine business, provided of the Committee. (c) Each member shall be limited to five that one Minority Member is present. The minutes in the questioning of any witness 4. SUBCOMMITTEES term ‘‘routine business’’ includes, but is not until such time as all Members who so desire limited to, the consideration of legislation The Committee shall not have standing have had an opportunity to question the wit- pending before the Committee and any subcommittees. ness. (d) The Chairman and the ranking Minor- amendments thereto, and voting on such 5. AMENDMENT OF RULES ity Member or the ranking Majority and Mi- amendments. 132 Congressional Record § 3231 The foregoing rules may be added to, modi- nority Members present at the hearing may (daily edition March 21, 1986) fied or amended; provided, however, that not each appoint one Committee staff member to (3) In hearings, whether in public or closed less than a majority of the entire Member- session a quorum for the asking of testi- question each witness. Such staff member ship so determine at a regular meeting with may question the witness only after all mony, including sworn testimony, shall con- due notice, or at a meeting specifically Members present have completed their ques- sist of one Member of the Committee. called for that purpose.∑ (c) Proxies will be permitted in voting tioning of the witness or at such other time upon the business of the Committee by Mem- f as the Chairman and the ranking Majority and Minority Members present may agree. bers who are unable to be present. To be RULES OF THE COMMITTEE ON BUSINESS MEETING AGENDA valid, proxies must be signed and assign the ENERGY AND NATURAL RE- Rule 5. (a) A legislative measure or subject right to vote to one of the Members who will SOURCES be present. Proxies shall in no case be count- shall be included on the agenda of the next ed for establishing a quorum. ∑ Mr. MURKOWSKI. Mr. President, in following business meeting of the full Com- (d) It shall not be in order for the Com- accordance with rule XXVI, paragraph mittee or any Subcommittee if a written re- mittee to consider any amendment in the 2, of the Standing Rules of the Senate, quest for such inclusion has been filed with the Chairman of the Committee or Sub- first degree proposed to any measure under I hereby submit for publication in the consideration by the Committee unless thir- committee at least one week prior to such CONGRESSIONAL RECORD, the rules of ty written copies of such amendment have meeting. Nothing in this rule shall be con- been delivered to the office of the Committee the Committee on Energy and Natural strued to limit the authority of the Chair- at least 24 hours prior to the meeting. This Resources. man of the Committee or Subcommittee to subsection may be waived by the Chairman The rules follow: include legislative measures or subjects on the Committee or Subcommittee agenda in or by a majority vote of the members of the RULES OF THE SENATE COMMITTEE ON ENERGY Committee. the absence of such request. AND NATURAL RESOURCES (b) The agenda for any business meeting of 3. HEARINGS Rule 1. The Standing Rules of the Senate the Committee or any Subcommittee shall (a)(1) The Chairman of the Committee may as supplemented by these rules, are adopted be provided to each Member and made avail- initiate a hearing of the Committee on his as the rules of the Committee and its Sub- able to the public at least three days prior to authority or upon his approval of a request committees. such meeting, and no new items may be by any Member of the Committee. Written MEETINGS OF THE COMMITTEE added after the agenda is so published except notice of all hearings shall be given, as far in Rule 2. (a) The Committee shall meet on by the approval of a majority of the Mem- advance as practicable, to Members of the bers of the Committee or Subcommittee. The the third Wednesday of each month while the Committee. Staff Director shall promptly notify absent Congress is in session for the purpose of con- (2) Hearings of the Committee shall not be Members of any action taken by the Com- ducting business, unless, for the convenience scheduled outside the District of Columbia mittee or any Subcommittee on matters not of Members, the Chairman shall set some unless specifically authorized by the Chair- included on the published agenda. other day for a meeting. Additional meetings man and the Ranking Minority Member or QUORUMS by consent of a majority of the Committee. may be called by the Chairman as he may deem necessary. Rule 6. (a) Except as provided in sub- Such consent may be given informally, with- sections (b), (c), and (d), seven Members shall out a meeting. (b) Business meetings of any Sub- committee may be called by the Chairman of constitute a quorum for the conduct of busi- (b)(1) Any Member of the Committee shall ness of the Committee. be empowered to administer the oath to any such Subcommittee, Provided, That no Sub- committee meeting or hearing other than a (b) No measure or matter shall be ordered witness testifying as to fact if a quorum be reported from the Committee unless eleven field hearing, shall be scheduled or held con- present as specified in Rule 2(b). Members of the Committee are actually currently with a full Committee meeting or (2) Interrogation of witnesses at hearings present at the time such action is taken. shall be conducted on behalf of the Com- hearing, unless a majority of the Committee (c) Except as provided in subsection (d), mittee by Members of the Committee or concurs in such concurrent meeting or hear- one-third of the Subcommittee Members such Committee staff as is authorized by the ing. shall constitute a quorum for the conduct of Chairman or Ranking Minority Member. OPEN HEARINGS AND MEETINGS business of any Subcommittee. (3) Witnesses appearing before the Com- Rule 3. (a) Hearings and business meetings (d) One Member shall constitute a quorum mittee shall file with the Clerk of the Com- of the Committee or any Subcommittee shall for the purpose of conducting a hearing or mittee a written statement of the prepared be open to the public except when the Com- taking testimony on any measure or matter testimony at least 48 hours in advance of the mittee or such Subcommittee by majority before the Committee or any Subcommittee. hearing at which the witness is to appear un- vote orders a closed hearing or meeting. VOTING less this requirement is waived by the Chair- (b) A transcript shall be kept of each hear- Rule 7. (a) A rollcall of the Members shall man and the Ranking Minority Member. ing of the Committee or any Subcommittee. be taken upon the request on any Member. (c) Witnesses may be subpoenaed by the (c) A transcript shall be kept of each busi- Any Member who does not vote on any roll- Chairman with the agreement of the Rank- ness meeting of the Committee or any Sub- call at the time the roll is called, may vote ing Minority Member or by consent of a ma- committee unless a majority of the Com- (in person or by proxy) on that rollcall at jority of the Members of the Committee. mittee or the Subcommittee involved agrees any later time during the same business Such consent may be given informally, with- that some other form of permanent record is meeting. out a meeting. Subpoenas shall be issued by preferable. (b) Proxy voting shall be permitted on all the Chairman or by the Member of the Com- matters, except that proxies may not be HEARING PROCEDURE mittee designated by him. A subpoena for counted for the purpose of determining the the attendance of a witness shall state brief- Rule 4. (a) Public notice shall be given of presence of a quorum. Unless further limited, ly the purpose of the hearing and the matter the date, place, and subject matter of any a proxy shall be exercised only upon the date or matters to which the witness is expected hearing to be held by the Committee or any for which it is given and upon the items pub- to testify. A subpoena for the production of Subcommittee at least one week in advance lished in the agenda for that date. memoranda, documents and records shall of such hearing unless the Chairman of the (c) Each Committee report shall set forth identify the papers required to be produced full Committee or the Subcommittee in- the vote on the motion to report the meas- with as much particularity as is practicable. volved determines that the hearing is non- ure or matter involved. Unless the Com- (d) Any witness summoned to a public or controversial or that special circumstances mittee directs otherwise, the report will not closed hearing may be accompanied by coun- require expedited procedures and a majority set

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S905 out any votes on amendments offered during raphers and reporters using mechanical re- mittee or a subcommittee if the absent Committee consideration. Any Member who cording, filming, or broadcasting devices member has been informed of the matter on did not vote on any rollcall shall have the shall position their equipment so as not to which he is being recorded and has affirma- opportunity to have his position recorded in interfere with the seating, vision, and hear- tively requested that he be so recorded. the appropriate Committee record or Com- ing of Members and staff on the dais or with While proxies may be voted on a motion to mittee report. the orderly process of the meeting or hear- report a measure or matter from the com- (d) The Committee vote to report a meas- ing. mittee, such a motion shall also require the ure to the Senate shall also authorize the AMENDING THE RULES concurrence of a majority of the members staff of the Committee to make necessary Rule 13. These rules may be amended only who are actually present at the time such technical and clerical corrections in the by vote of a majority of all the Members of action is taken. measure. the Committee in a business meeting of the The committee may poll any matters of SUBCOMMITTEES Committee: Provided, That no vote may be committee business as a matter of unani- Rule 8. (a) The number of Members as- taken on any proposed amendment unless mous consent; provided that every member signed to each Subcommittee and the divi- such amendment is reproduced in full in the is polled and every poll consists of the fol- sion between Majority and Minority Mem- Committee agenda for such meeting at least lowing two questions: bers shall be fixed by the Chairman in con- ∑ three days in advance of such meeting. (1) Do you agree or disagree to poll the pro- sultation with the ranking Minority Mem- f posal; and ber. (b) Assignment of Members to Subcommit- RULES OF PROCEDURE OF THE (2) Do you favor or oppose the proposal. tees shall, insofar as possible, reflect the COMMITTEE ON LABOR AND Rule 7.—There shall be prepared and kept a preferences of the Members. No Member will HUMAN RESOURCES complete transcript or electronic recording receive assignment to a second Sub- ∑ Mr. JEFFORDS. Mr. President, in ac- adequate to fully record the proceedings of committee until, in order of seniority, all each committee or subcommittee meeting or Members of the Committee have chosen as- cordance with Rule XXVI, paragraph 2 of the Standing Rules of the Senate, I conference whether or not such meetings or signments to one Subcommittee, and no any part thereof is closed pursuant to the Member shall receive assignment to a third hereby submit for publication in the specific provisions of subsections (b) and (d) Subcommittee until, in order of seniority, RECORD the Rules of Procedure of the of rule 26.5 of the Standing Rules of the Sen- all Members have chosen assignments to two Committee of Labor and Human Re- ate, unless a majority of said members vote Subcommittees. sources. to forgo such a record. Such records shall (c) Any Member of the Committee may sit The rules follow: contain the vote cast by each member of the with any Subcommittee during its hearings SENATE COMMITTEE ON LABOR AND HUMAN committee or subcommittee on any question and business meetings but shall not have the RESOURCES on which a ‘‘yea and nay’’ vote is demanded, authority to vote on any matters before the and shall be available for inspection by any Subcommittee unless he is a Member of such RULES OF PROCEDURE (AS AGREED TO JANUARY 22, 1997) committee member. The clerk of the com- Subcommittee. mittee, or the clerk’s designee, shall have Rule 1.—Subject to the provisions of rule SWORN TESTIMONY AND FINANCIAL STATEMENTS the responsibility to make appropriate ar- XXVI, paragraph 5, of the Standing Rules of Rule 9, Witnesses in Committee or Sub- rangements to implement this rule. committee hearings may be required to give the Senate, regular meetings of the committee shall be held on the second and fourth Rule 8.—The committee and each sub- testimony under oath whenever the Chair- committee shall undertake, consistent with man or ranking Minority Member of the Wednesday of each month, at 10:00 a.m., in room SD–430, Dirksen Senate Office Build- the provisions of rule XXVI, paragraph 4, of Committee or Subcommittee deems such to the Standing Rules of the Senate, to issue be necessary. At any hearing to confirm a ing. The chairman may, upon proper notice, call such additional meetings as he may public announcement of any hearing it in- Presidential nomination, the testimony of tends to hold at least one week prior to the the nominee and at the request of any Mem- deem necessary. Rule 2.—The chairman of the committee or commencement of such hearing. ber, any other witness shall be under oath. of a subcommittee, or if the chairman is not Every nominee shall submit a statement of Rule 9.—The committee or a subcommittee present, the ranking majority member his financial interests, including those of his shall, so far as practicable, require all wit- present, shall preside at all meetings. spouse, his minor children, and other mem- nesses heard before it to file written state- Rule 3.—Meetings of the committee or a ments of their proposed testimony at least 24 bers of his immediate household, on a form subcommittee, including meetings to con- approved by the Committee, which shall be hours before a hearing, unless the chairman duct hearings, shall be open to the public ex- and the ranking minority member determine sworn to by the nominee as to its complete- cept as otherwise specifically provided in ness and accuracy. A statement of every that there is good cause for failure to so file, subsections (b) and (d) of rule 26.5 of the and to limit their oral presentation to brief nominee’s financial interest shall be made Standing Rules of the Senate. public on a form approved by the Committee, summaries of their arguments. The presiding Rule 4.—(a) Subject to paragraph (b), one- officer at any hearing is authorized to limit unless the Committee in executive session third of the membership of the committee, determines that special circumstances re- the time of each witness appearing before actually present, shall constitute a quorum the committee or a subcommittee. The com- quire a full or partial exception to this rule. for the purpose of transacting business. Any Members of the Committee are urged to mittee or a subcommittee shall, as far as quorum of the committee which is composed practicable, utilize testimony previously make public a statement of their financial of less than a majority of the members of the interests in the form required in the case of taken on bills and measures similar to those committee shall include at least one member before it for consideration. Presidential nominees under this rule. of the majority and one member of the mi- CONFIDENTIAL TESTIMONY nority. Rule 10.—Should a subcommittee fail to re- Rule 10. No confidential testimony taken (b) A majority of the members of a sub- port back to the full committee on any by or confidential material presented to the committee, actually present, shall con- measure within a reasonable time, the chair- Committee or any Subcommittee, or any re- stitute a quorum for the purpose of man may withdraw the measure from such port of the proceedings of a closed Com- transacting business: provided, no measure subcommittee and report that fact to the mittee or Subcommittee hearing on business or matter shall be ordered reported unless full committee for further disposition. meeting, shall be made public, in whole or in such majority shall include at least one Rule 11.—No subcommittee may schedule a part or by way of summary, unless author- member of the minority who is a member of meeting or hearing at a time designated for ized by a majority of the Members of the the subcommittee. If, at any subcommittee a hearing or meeting of the full committee. Committee at a business meeting called for meeting, a measure or matter cannot be or- No more than one subcommittee executive the purpose of making such a determination. dered reported because of the absence of such meeting may be held at the same time. DEFAMATORY STATEMENTS a minority member, the measure or matter Rule 12.—It shall be the duty of the chair- Rule 11. Any person whose name is men- shall lay over for a day. If the presence of a man in accordance with section 133(c) of the tioned or who is specifically identified in, or member of the minority is not then ob- Legislative Reorganization Act of 1946, as who believes that testimony or other evi- tained, a majority of the members of the amended, to report or cause to be reported to dence presented at, an open Committee or subcommittee, actually present, may order the Senate, any measure or recommendation Subcommittee hearing tends to defame him such measure or matter reported. approved by the committee and to take or (c) No measure or matter shall be ordered or otherwise adversely affect his reputation cause to be taken, necessary steps to bring reported from the committee or a sub- may file with the Committee for its consid- the matter to a vote in the Senate. committee unless a majority of the com- eration and action a sworn statement of mittee or subcommittee is actually present Rule 13.—Whenever a meeting of the com- facts relevant to such testimony or evidence. at the time such action is taken. mittee or subcommittee is closed pursuant BROADCASTING OF HEARINGS OR MEETINGS Rule 5.—With the approval of the chairman to the provisions of subsection (b) or (d) of Rule 12. Any meeting or hearing by the of the committee or subcommittee, one rule 26.5 of the Standing Rules of the Senate, Committee or any Subcommittee which is member thereof may conduct public hearings no person other than members of the com- open to the public may be covered in whole other than taking sworn testimony. mittee, members of the staff of the com- or in part by television broadcast, radio Rule 6.—Proxy voting shall be allowed on mittee, and designated assistants to mem- broadcast, or still photography. Photog- all measures and matters before the com- bers of

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S906 CONGRESSIONAL RECORD — SENATE January 30, 1997 the committee shall be permitted to attend ceedings of such an executive hearing, shall 8. Domestic activities of the American Na- such closed session, except by special dis- be made public, either in whole or in part or tional Red Cross. pensation of the committee or subcommittee by way of summary, unless authorized by a 9. Equal employment opportunity. or the chairman thereof. majority of the members of the committee 10. Gallaudet College, Howard University, Rule 14.—The chairman of the committee or subcommittee. and Saint Elizabeths Hospital. or a subcommittee shall be empowered to ad- Rule 18.—Presidential nominees shall sub- 11. Handicapped individuals. journ any meeting of the committee or a mit a statement of their background and fi- 12. Labor standards and labor statistics. 13. Mediation and arbitration of labor dis- subcommittee if a quorum is not present nancial interests, including the financial in- within fifteen minutes of the time schedule putes. terests of their spouse and children living in 14. Occupational safety and health, includ- for such meeting. their household, on a form approved by the ing the welfare of miners. Rule 15.—Whenever a bill or joint resolu- committee which shall be sworn to as to its 15. Private pension plans. tion repealing or amending any statute or completeness and accuracy. The committee 16. Public health. part thereof shall be before the committee or form shall be in two parts— 17. Railway labor and retirement. a subcommittee for final consideration, the (I) information relating to employment, 18. Regulation of foreign laborers. clerk shall place before each member of the education and background of the nominee re- 19. Student loans. committee or subcommittee a print of the lating to the position to which the individual 20. Wages and hours of labor. statute or the part or section thereof to be is nominated, and which is to be made pub- (2) Such committee shall also study and re- amended or replaced showing by stricken- lic; and, view, on a comprehensive basis, matters re- through type, the part or parts to be omitted (II) information relating to financial and lating to health, education and training, and and in italics, the matter proposed to be other background of the nominee, to be made public welfare, and report thereon from time added, if a member makes a timely request public when the committee determines that to time. for such print. such information bears directly on the nomi- RULE XXVI Rule 16.—An appropriate opportunity shall nee’s qualifications to hold the position to COMMITTEE PROCEDURE be given the minority to examine the pro- which the individual is nominated. 1. 1 Each standing committee, including posed text of committee reports prior to Information relating to background and fi- any subcommittee of any such committee, is their filing or publication. In the event there nancial interests (parts I and II) shall not be authorized to hold such hearings, to sit and are supplemental, minority, or additional required of (a) candidates for appointment act at such times and places during the ses- views, an appropriate opportunity shall be and promotion in the Public Health Service sions, recesses, and adjourned periods of the given the majority to examine the proposed Corps; and (b) nominees for less than full- Senate, to require by subpoena or otherwise text prior to filing or publication. time appointments to councils, commissions the attendance of such witnesses and the Rule 17.—(a) The committee, or any sub- or boards when the committee determines production of such correspondence, books, committee, may issue subpoenas, or hold that some or all of the information is not papers, and documents, to take such testi- hearings to take sworn testimony or hear relevant to the nature of the position. Infor- mony and to make such expenditures out of subpoenaed witnesses, only if such investiga- mation relating to other background and fi- the contingent fund of the Senate as may be tive activity has been authorized by major- nancial interests (part II) shall not be re- authorized by resolutions of the Senate. ity vote of the committee. quired of any nominee when the committee Each such committee may make investiga- (b) For the purpose of holding a hearing to determines that it is not relevant to the nations into any matter within its jurisdiction, take sworn testimony or hear subpoenaed ture of the position. may report such hearings as may be had by witnesses, three members of the committee Committee action on a nomination, includ- it, and may employ stenographic assistance or subcommittee shall constitute a quorum: ing hearings or meetings to consider a mo- at a cost not exceeding the amount pre- provided, with the concurrence of the chair- tion to recommend confirmation, shall not scribed by the Committee on Rules and Ad- man and ranking minority member of the be initiated until at least five days after the ministration.2 The expenses of the com- committee or subcommittee, a single mem- nominee submits the form required by this mittee shall be paid from the contingent ber may hear subpoenaed witnesses or take rule unless the chairman, with the concur- fund of the Senate upon vouchers approved sworn testimony. rence of the ranking minority member, by the chairman. (c) The committee may, by a majority waives this waiting period. vote, delegate the authority to issue sub- * * * * * Rule 19.—Subject to statutory require- poenas to the chairman of the committee or 5. (a) Notwithstanding any other provision ments imposed on the committee with re- a subcommittee, or to any member des- of the rules, when the Senate is in session, spect to procedure, the rules of the com- ignated by such chairman. Prior to the no committee of the Senate or any sub- mittee may be changed, modified, amended issuance of each subpoena, the ranking mi- committee thereof may meet, without spe- or suspended at any time; provided, not less nority member of the committee or sub- cial leave, after the conclusion of the first than a majority of the entire membership so committee, and any other member so re- two hours after the meeting of the Senate determine at a regular meeting with due no- questing, shall be notified regarding the commenced and in no case after two o’clock tice, or at a meeting specifically called for identity of the person to whom it will be postmeridian unless consent therefor has that purpose. issued and the nature of the information been obtained from the majority leader and Rule 20.—In addition to the foregoing, the sought and its relationship to the authorized the minority leader (or in the event of the proceedings of the committee shall be gov- investigative activity, except where the absence of either of such leaders, from his erned by the Standing Rules of the Senate chairman of the committee or sub- designee). The prohibition contained in the and the provisions of the Legislative Reorga- committee, in consultation with the ranking preceding sentence shall not apply to the nization Act of 1946, as amended. minority member, determines that such no- Committee on Appropriations or the Com- tice would unduly impede the investigation. [Excerpts from the Standing Rules of the mittee on the Budget. The majority leader or All information obtained pursuant to such Senate] his designee shall announce to the Senate investigative activity shall be made avail- RULE XXV whenever consent has been given under this able as promptly as possible to each member subparagraph and shall state the time and STANDING COMMITTEES place of such meeting. The right to make of the committee requesting same, or to any 1. The following standing committees shall assistant to a member of the committee des- such announcement of consent shall have the be appointed at the commencement of each same priority as the filing of a cloture mo- ignated by such member in writing, but the Congress, and shall continue and have the use of any such information is subject to re- tion. power to act until their successors are ap- (b) Each meeting of a committee, or any strictions imposed by the rules of the Sen- pointed, with leave to report by bill or other- subcommittee thereof, including meetings to ate. Such information, to the extent that it wise on matters within their respective ju- conduct hearings, shall be open to the public, is relevant to the investigation shall, if re- risdictions: except that a meeting or series of meetings quested by a member, be summarized in by a committee or a subcommitte thereof on writing as soon as practicable. Upon the re- * * * * * the same subject for a period of no more quest of any member, the chairman of the (m)(1) Committee on Labor and Human Re- than fourteen calendar days may be closed to committee or subcommittee shall call an ex- sources, to which committee shall be re- the public on a motion made and seconded to ecutive session to discuss such investigative ferred all proposed legislation, messages, pe- go into closed session to discuss only wheth- activity or the issuance of any subpoena in titions, memorials, and other matters relat- er the matters enumerated in clauses (1) connection therewith. ing to the following subjects: (d) Any witness summoned to testify at a 1. Measures relating to education, labor, hearing, or any witness giving sworn testi- health, and public welfare. 1 As amended. S. Res. 281, 96–2, Mar. 11, 1980 (effec- mony, may be accompanied by counsel of his 2. Aging. tive Feb. 28, 1981). own choosing who shall be permitted, while 3. Agricultural colleges. 2 Pursuant to section 68c of title 2, United States the witness is testifying, to advise him of his 4. Arts and humanities. Code, the Committee on Rules and Administration issues Regulations Governing Rates Payable to legal rights. 5. Biomedical research and development. Commercial Reporting Forms for Reporting Com- (e) No confidential testimony taken or 6. Child labor. mittee Hearings in the Senate.’’ Copies of the regu- confidential material presented in an execu- 7. Convict labor and the entry of goods lations currently in effect may be obtained from the tive hearing, or any report of the pro- made by convicts into interstate commerce. Committee.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S907 through (6) would require the meeting to be spirit of section 133A(a) and in order to as- ports prior to their filing and that the ma- closed, followed immediately by a record sure that members of the committee are jority be given an opportunity to examine vote in open session by a majority of the themselves fully informed and involved in the proposed text of supplemental, minority, members of the committee or subcommittee the development of hearings: or additional views prior to their filing. The when it is determined that the matters to be 1. Public notice of the date, place, and sub- views of all members of the committee discussed or the testimony to be taken at ject matter of each committee or sub- should be taken fully and fairly into account such meeting or meetings— committee hearing should be inserted in the with respect to all official documents filed or (1) will disclose matters necessary to be Congressional Record seven days prior to the published by the committee. Thus, con- kept secret in the interests of national de- commencement of such hearing. sistent with the spirit of rule 16, the pro- fense or the confidential conduct of the for- 2. Seven days prior to public notice of each posed text of each committee report, hearing eign relations of the United States; committee or subcommittee hearing, the record, and other related committee docu- (2) will relate solely to matters of com- committee or subcommittee should provide ment or publication should be provided to mittee staff personnel or internal staff man- written notice to each member of the com- the chairman and ranking minority member agement or procedure; mittee of the time, place, and specific sub- of the committee and the chairman and (3) will tend to charge an individual with ject matter of such hearing, accompanied by ranking minority member of the appropriate crime or misconduct, to disgrace or injure a list of those witnesses who have been or subcommittee at least forty-eight hours the professional standing of an individual, or are proposed to be invited to appear. prior to its filing or publication.∑ 3. The committee and its subcommittee other wise to expose an individual to public f contempt or obloquy or will represent a should, to the maximum feasible extent, en- clearly unwarranted invasion of the privacy force the provisions of rule 9 of the com- RETIREMENTS OF ARTHUR of an individual; mittee rules as it relates to the submission CURRAN, DONN LARSON, AND (4) will disclose the identity of any in- of written statements of witnesses twenty- RICHARD GIBBONS four hours in advance of a hearing. When former or law enforcement agent or will dis- Mr. LOTT. Mr. President, I ask unan- close any information relating to the inves- statements are received in advance of a hear- tigation or prosecution of a criminal offense ing, the committee or subcommittee (as ap- imous consent that the Senate proceed that is required to be kept secret in the in- propriate) should distribute copies of such to the immediate consideration of Sen- terests of effective law enforcement; statements to each of its members. ate Resolution 36 presented earlier (5) will disclose information relating to the EXECUTIVE SESSIONS FOR THE PURPOSE OF today by myself and Senator DASCHLE. trade secrets of financial or commercial in- MARKING UP BILLS The PRESIDING OFFICER. The formation pertaining specifically to a given In order to expedite the process of marking clerk will report. person if— up bills and to assist each member of the The legislative clerk read as follows: (A) an Act of Congress requires the infor- committee so that there may be full and fair A resolution (S. Res. 36) relative to the re- mation to be kept confidential by Govern- consideration of each bill which the com- tirements of Arthur Curran, Donn Larson, ment officers and employees; or mittee or a subcommittee is marking up the and Richard Gibbons. (B) the information has been obtained by following procedures should be followed: the Government on a confidential basis, 1. Seven days prior to the proposed data for The PRESIDING OFFICER. Is there other than through an application by such an executive session for the purpose of mark- objection to the immediate consider- person for a specific Government financial or ing up bills the committee or subcommittee ation of the resolution? other benefit, and is required to be kept se- (as appropriate) should provide written no- There being no objection, the Senate cret in order to prevent undue injury to the tice to each of its members as to the time, proceeded to consider the resolution. competitive position of such person; or place, and specific subject matter of such Mr. LOTT. Mr. President, when the (6) may divulge matters required to be session, including an agenda listing each bill First Congress convened in 1789, one of kept confidential under other provisions of or other matters to be considered and includ- the more pressing problems for the law or Government regulations. ing: (c) Whenever any hearing conducted by (a) two copies of each bill, joint resolution, Senate was its inability to keep a ma- any such committee or subcommittee is or other legislative matter (or committee jority of Members in the Capitol long open to the public, that hearing may be print thereof) to be considered at such execu- enough to establish a quorum, orga- broadcast by radio or television, or both, tive session; and nize, and begin the business of Govern- under such rules as the committee or sub- (b) two copies of a summary of the provi- ment. In response, the Senate estab- committee may adopt. sions of each bill, joint resolution, or other lished the Office of Doorkeeper. As the (d) Whenever disorder arises during a com- legislative matter to be considered at such first officer of the Senate, the Door- mittee meeting that is open to the public, or executive session; and any demonstration of approval or dis- 2. Three days prior to the scheduled date keeper’s primary responsibilities were approval is indulged in by any person in at- for an executive session for the purpose of to keep Senators in and, as proceedings tendance of any such meeting, it shall be the marking up bills, the committee or sub- were held in closed session for the first duty of the Chair to enforce order on his own committee (as appropriate) should deliver to 6 years, keep everyone else out. initiative and without any point of order each of its members two copies of a cordon In 1795, the Senate began holding being made by a Senator. When the Chair print or an equivalent explanation of open sessions which required the open- finds it necessary to maintain order, he shall changes of existing law proposed to be made ing of public galleries. And, once again, have the power to clear the room, and the by each bill, joint resolution, or other legis- it fell to the Doorkeepers to maintain lative matter to be considered at such execu- committee may act in closed session for so decorum and enforce the rules of the long as there is doubt of the assurance of tive session. order. 3. Insofar as practical, prior to the sched- Senate. (e) Each committee shall prepare and keep uled date for an executive session for the Mr. President, as I speak here today, a complete transcript or electronic recording purpose of marking up bills, each member of and every day that the Senate is in ses- adequate to fully record the proceeding of the committee or a subcommittee (as appro- sion, there are more than a score of each meeting or conference whether or not priate) should provide to all other such mem- Doorkeepers, both on the floor of the such meeting or any part thereof is closed bers two written copies of any amendment or Senate and dutifully standing post in under this paragraph, unless a majority of a description of any amendment which that the galleries. The Senate is grateful for its members vote to forgo such a record. member proposes to offer to each bill, joint resolution, or other legislative matter to be the dedication and service of the ranks * * * * * considered at such executive session. of the members of the Office of the GUIDELINES OF THE SENATE COMMITTEE ON 4. Insofar as practical, prior to the sched- Doorkeeper. In particular, I want to LABOR AND HUMAN RESOURCES WITH RE- uled date for an executive session for the commend the service of three individ- SPECT TO HEARINGS, MARKUP SESSIONS, AND purpose of marking up bills, the committee uals who have given a cumulative serv- RELATED MATTERS or a subcommittee (as appropriate) should ice of nearly 70 years to the U.S. Sen- HEARINGS provide each member with a copy of the ate. Section 133A(a) of the Legislative Reorga- printed record or a summary of any hearings On behalf of the Senate I want to conducted by the committee or a sub- nization Act requires each committee of the thank Messrs. Richard Gibbons, Arthur Senate to publicly announce the date, place, committee with respect to each bill, joint resolution, or other legislative matter to be Curran, and Donn Larson. Regrettably, and subject matter of any hearing at least I am informed that each will retire at one week prior to the commencement of such considered at such executive session. hearing. COMMITTEE REPORTS, PUBLICATIONS, AND the end of this month. The spirit of this requirement is to assure RELATED DOCUMENTS Arthur Patrick Curran has faithfully adequate notice to the public and other Rule 16 of the committee rules, requires served the U.S. Senate as a Doorkeeper Members of the Senate as to the time and that the minority be given an opportunity to for the past 21 years. Initially ap- subject matter of proposed hearings. In the examine the proposed text of committee re- pointed by Vice President Nelson

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S908 CONGRESSIONAL RECORD — SENATE January 30, 1997 Rockefeller in 1975, 6 years later he was also responsible for high-profile Senate mense sacrifice, oftentimes in terms of promoted to Superintendent of Door- hearings, and all of the inaugurations, the income they could acquire at jobs keepers and has served in that capacity including the one just completed last outside of Capitol Hill, in time spent until his retirement in January 1997. In week. here when they could be spending it addition to his normal post at the Sen- He is a native of Washington, DC, and with their families. We thank their ate Chamber, Mr. Curran has per- spent many summers in Maine as he families for the support that they have formed his duties in numerous high was growing up. But over the time that given them. We thank them for their profile Senate hearings, joint sessions, I have had the good fortune to know understanding. We thank them for al- and Presidential inaugurations. him, Arthur has also proved to me to lowing us the opportunity and good Mr. Curran, a native of Washington, be a real connoisseur of good res- fortune to work with them with the DC, has strong links to New England taurants and has given me a lot of good frequency and with the success that we and a keen interest in politics. In fact tips over the years as to restaurants have. with his tall stature, bow tie, and that I should try. So on this day it is with some sad- stately appearance, he is often con- But far more important than his ness that we note the departure of Ar- fused for being a Senator. On several knowledge of good restaurants in the thur Curran, Donn Larson, and Richard occasions, as visitors have left the gal- area, Arthur Curran has an institu- Gibbons. But with great enthusiasm, lery, they have congratulated him for tional knowledge and respect that will we wish them well as they take on new his fine speech. be impossible to replace. roles and new responsibilities and cer- Donn Larson, Deputy Superintendent Arthur Curran leaves tomorrow with tainly many more opportunities in of Doorkeepers, is also retiring after our good wishes, with our thanks, with their lives ahead. many years of dedicated service to the our profuse respect. We thank him for I know this resolution will pass over- U.S. Senate. Donn started his career a job well done. We encourage him to whelmingly, as it should, because Re- with the Senate under an appointment enjoy all of his new endeavors. And we publicans and Democrats owe these from Senator Milton Young (R–ND) in thank those members of his family who three individuals a very deep sense of 1959. From 1961 to 1968, he worked in have sacrificed, along with Arthur, gratitude. the Republican Cloakroom, assisting that he might do the kind of job that Mr. LOTT. Mr. President, I ask unan- the Secretary to the Minority. he has now for more than 20 years. imous consent that the resolution be From 1969 to 1977, Donn worked in Donn Larson is the Deputy Super- agreed to, the preamble be agreed to, the Federal Government. He served visor of Doorkeepers. He, too, was ap- the motion to reconsider be laid upon with the State Department Inspector pointed decades ago. He was first ap- the table, and that any statements re- General for Foreign Assistance, as well pointed by Senator Milton Young in lating to the resolution appear at this as with the Department of Health, Edu- 1959. He worked in the Republican point in the RECORD. cation and Welfare. In 1977, Donn re- Cloakroom from 1961 to 1968; and from The PRESIDING OFFICER. Without turned to the U.S. Senate, and in 1981 1969 to 1977 worked for the State De- objection, it is so ordered. assumed the position of Deputy Super- partment and the Department of The resolution was agreed to. intendent of Doorkeepers. Health, Education, and Welfare. The preamble was agreed to. Richard Gibbons began service with He returned to the U.S. Senate in the office of Doorkeeper in the 94th 1977, and has been the Deputy Super- The resolution (S. Res. 36), with its Congress—1977. For a number of years, visor of the Doorkeepers, also, since preamble, reads as follows: he served as the press liaison for the 1981. S. RES. 36 Doorkeeper’s Office. During the 103d Donn Larson, like Arthur Curran, Relative to the retirements of Arthur Congress, Richard was assigned to knows this institution. He has watched Curran, Donn Larson and Richard Gibbons; work solely on the Senate floor, assist- Senators come and go. He has watched Whereas Arthur Curran, Donn Larson and ing Members of the Senate. the progress of democracy and heard Richard Gibbons will retire from the Senate Each of us have known these men all of the noise of democracy each day on January 31, 1997; Whereas Arthur Curran was appointed as a over the years for their tireless efforts with all of its volume. His civility, his Senate doorkeeper in 1975 by Vice President in maintaining decorum of the Cham- cooperation, his extraordinary de- Rockefeller; ber and galleries and assisting Mem- meanor is something that we will miss, Whereas Arthur Curran rose to the post of bers on the floor of the Senate. Count- beginning on Monday. superintendent of doorkeepers and has duti- less letters of appreciation have been We again congratulate and commend fully served in that post for the last 15 years; written by our constituents thanking Donn Larson for an extraordinary con- Whereas Donn Larson first began his Sen- these men for there kindness and cour- tribution to his country and for a re- ate career under an appointment from Sen- tesies. markable career here in the U.S. Sen- ator Milton Young in 1959; On the occasion of their retirement ate. Whereas Donn Larson served in the Repub- from Federal service, I want to extend Richard Gibbons—somebody we all lican cloakroom from 1961 to 1968, leaving to work in the Federal Government until his re- the very best wishes of the U.S. Senate know because he is right here on the turn to the Senate in 1977, where he has and a grateful Nation. floor—is a floor attendant. He began served as Deputy Supervisor of the door- Mr. DASCHLE. Mr. President, this working for the Senate doorkeepers in keepers since 1981; resolution commends the service of 1977. For many years he worked as Whereas Richard Gibbons has served as a three very important Senate staff press liaison outside the President’s Senate doorkeeper since 1977, acting as press members, members who have served room just off the Senate floor. And liaison outside the President’s room just off this institution exceedingly well, in during the 103d Congress, Richard was the Senate floor; some cases for many years, even dec- moved out to the floor where he has Whereas since the 103rd Congress Richard ades. I want to add my own commenda- helped Senators and staff and every- Gibbons has served in the Senate Chamber and has diligently assisted both Senators tion and congratulations to these three body else who has come through with and staff alike in a myriad of tasks in addi- very distinguished members of our Sen- whatever needs they might have. He tion to his role of helping to maintain order ate family. has helped to keep order in the Cham- in the Chamber; Arthur Curran has been the Super- ber, and he has done an extraordinarily Whereas each of these three gentlemen has intendent of Senate Doorkeepers for a effective job. faithfully served the Senate and they have long time. He was appointed by the Richard Gibbons, too, deserves our carried out their duties with efficiency and Vice President in 1975, at that time thanks and deserves the respect that good nature; Vice President Rockefeller, and has he has now earned on both sides of the Now therefore be it resolved that the Sen- served as our Superintendent of Door- aisle. We commend him. We thank him. ate extends its thanks to Arthur Curran, Donn Larson, and Richard Gibbons for their keepers since 1981. We wish him well in all of his future many years of dedicated service and wishes Those duties involving his particular endeavors as well. them well in their future aspirations. position are extraordinarily consequen- As I mentioned a moment ago, men The secretary of the Senate shall transmit tial and far-reaching. He is responsible and women who come to work with us a copy of this resolution to Arthur Curran, for joint sessions of Congress. He is in the Senate Chamber make an im- Donn Larson, and Richard Gibbons.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S909 THE CALENDAR EXECUTIVE SESSION To be brigadier general Mr. LOTT. Mr. President, I ask unan- Col. Mitchell M. Zais, 0000. MARINE CORPS imous consent that the Senate proceed EXECUTIVE CALENDAR to the consideration of Calendar Nos. 9 The following-named officer for appoint- and 10, Senate Resolution 31 and Sen- Mr. LOTT. Mr. President, I ask unan- ment in the U.S. Marine Corps to the grade indicated while assigned to a position of im- ate Resolution 32. imous consent that the Senate proceed to executive session to consider the fol- portance and responsibility under title 10, The PRESIDING OFFICER. Without lowing nominations on the Executive U.S.C., section 601: objection, it is so ordered. Calendar: No. 4, Alan Hantman, to be To be lieutenant general Architect, all routine military nomina- Lt. Gen. James L. Jones, 0000. f tions reported by the Armed Services The following-named officer for appoint- Committee today, and all nominations ment in the U.S. Marine Corps to the grade PROVIDING FOR MEMBERS ON THE placed on the Secretary’s desk in re- indicated while assigned to a position of im- PART OF THE SENATE OF THE gard to the Coast Guard. portance and responsibility under title 10, JOINT COMMITTEE ON PRINTING I further ask unanimous consent that U.S.C., section 601: AND THE JOINT COMMITTEE OF the nominations be confirmed, the mo- To be lieutenant general CONGRESS ON THE LIBRARY tions to reconsider be laid upon the Maj. Gen. Martin R. Steele, 0000. The PRESIDING OFFICER. The table, any statements relating to these IN THE AIR FORCE clerk will report. nominations appear at the appropriate Air Force nominations beginning Samuel R. Bakalian, Jr., and ending Jerry A. Weihe, The assistant legislative clerk read place in the RECORD, the President be immediately notified of the Senate’s which nominations were received by the Sen- as follows: ate and appeared in the Congressional action, and the Senate then return to A resolution (S. Res. 31) providing for Record on January 7, 1997. legislative session. members on the part of the Senate of the IN THE ARMY Joint Committee on Printing and the Joint The PRESIDING OFFICER. Without objection, it is so ordered. Army nominations beginning Robert J. Committee of Congress on the Library. Metz, and ending Kathleen W. Carr, which The nominations considered and con- Mr. LOTT. Mr. President, I ask unan- nominations were received by the Senate and firmed are as follows: imous consent that the resolution be appeared in the Congressional Record on agreed to, the motion to reconsider be CONGRESS OF THE UNITED STATES January 7, 1997. Army nominations beginning Owen H. laid upon the table, and that any state- Alan M. Hantman, of New Jersey, to be Ar- chitect of the Capitol for the term of ten Black, and ending Dale N. Woodling, which ments relating to the resolution appear years. nominations were received by the Senate and at the appropriate place in the RECORD. IN THE AIR FORCE appeared in the Congressional Record on The PRESIDING OFFICER. Without January 7, 1997. The following-named officer for appoint- Army nomination of Randel D. Matney, objection, it is so ordered. ment to the grade of general in the U.S. Air which nomination was received by the Sen- The resolution, (S. Res. 31) was Force while assigned to a position of impor- ate and appeared in the Congressional agreed to, as follows: tance and responsibility under title 10, Record on January 7, 1997. S. RES. 31 United States Code, section 601: Army nominations beginning *Ronald P. Resolved, That the following-named Mem- To be general Turnicky, and ending Matthew W. Raymond, bers be, and they are hereby, elected mem- Lt. Gen. Lloyd W. Newton, 0000. which nominations were received by the Sen- bers of the following joint committees of The following-named officers for pro- ate and appeared in the Congressional Congress: motion in the Regular Air Force of the Record on January 7, 1997. JOINT COMMITTEE ON PRINTING: John War- United States to the grade indicated under Army nominations beginning John E. ner; Thad Cochran; Mitch McConnell; Wen- title 10, United States Code, section 624: Rueth, and ending Douglas R. Yates, which nominations were received by the Senate and dell H. Ford; and Daniel K. Inouye. To be major general appeared in the Congressional Record on JOINT COMMITTEE ON THE LIBRARY OF CON- Brig. Gen. Maxwell C. Bailey, 0000. GRESS: Ted Stevens; John Warner; Thad January 7, 1997. Brig. Gen. William J. Dendinger, 0000. Army nomination of Phillip J. Todd, which Cochran; Daniel Patrick Moynihan; and Brig. Gen. Dennis G. Haines, 0000. Dianne Feinstein. was received by the Senate and appeared in Brig. Gen. Charles R. Henderson, 0000. the Congressional Record on January 7, 1997. Brig. Gen. Charles R. Holland, 0000. Army nomination of Emmanuel M. f Brig. Gen. Silas R. Johnson, Jr., 0000. Chiaparas, which was received by the Senate Brig. Gen. Thomas J. Keck, 0000. and appeared in the Congressional Record on AUTHORIZING PRINTING OF A Brig. Gen. Rodney P. Kelly, 0000. January 7, 1997. Brig. Gen. Ronald E. Keys, 0000. COLLECTION OF RULES OF COM- Army nominations beginning *Benje H. Brig. Gen. David R. Love, 0000. Boedeker, and ending Martha K. Lenhart, MITTEES OF THE SENATE Brig. Gen. Earl W. Mabry II, 0000. which nominations were received by the Sen- The PRESIDING OFFICER. The Brig. Gen. Richard C. Marr, 0000. ate and appeared in the the Congressional clerk will report. Brig. Gen. William F. Moore, 0000. Record on January 7, 1997. Brig. Gen. Thomas H. Neary, 0000. The assistant legislative clerk read Army nomination of *Rupert H. Peete, Brig. Gen. Susan L. Pamerleau, 0000. which was received by the Senate and ap- as follows: Brig. Gen. Andrew J. Pelak, Jr., 0000. peared in the Congressional Record on Janu- A resolution (S. Res. 32) to authorize the Brig. Gen. Gerald F. Perryman, Jr., 0000. ary 7, 1997. printing of a collection of the rules of the Brig. Gen. Roger R. Radcliff, 0000. Army nominations beginning 4673X, and committees of the Senate. Brig. Gen. Richard H. Roellig, 0000. ending *Scott A. Svabek, which nominations Mr. LOTT. Mr. President, I ask unan- Brig. Gen. Lansford E. Trapp, Jr., 0000. were received by the Senate and appeared in Brig. Gen. Thomas C. Waskow, 0000. the Congressional Record on January 7, 1997. imous consent that the resolution be Brig. Gen. Charles J. Wax, 0000. Army nominations beginning Mark S. Ack- agreed to, the motion to reconsider be Brig. Gen. John L. Woodward, Jr., 0000. erman, and ending Donna L. Wilkins, which laid upon the table, and that any state- Brig. Gen. Michael K. Wyrick, 0000. nominations were received by the Senate and ments relating to the resolution appear appeared in the Congressional Record on IN THE ARMY at the appropriate place in the RECORD. January 7, 1997. The following-named Army Competitive IN THE COAST GUARD The PRESIDING OFFICER. Without Category officer for promotion in the Reg- objection, it is so ordered. ular Army of the United States to the grade Coast Guard nomination of Laura H. Guth, The resolution (S. Res. 32) was agreed of major general under the provisions of title which was received by the Senate and ap- to, as follows: 10, U.S.C., sections 611(a) and 624(c): peared in the Congressional Record on Janu- ary 7, 1997. To be major general S. RES. 32 Coast Guard nominations beginning Robert Resolved, That a collection of the rules of Brig. Gen. Larry G. Smith, 0000. R. Albright II, and ending James R. Dire, the committees of the Senate, together with The following-named Army Competitive which nominations were received by the Sen- related materials, be printed as a Senate Category officer for promotion in the Reg- ate and appeared in the Congressional document, and that there be printed 600 addi- ular Army of the United States to the grade Record on January 7, 1997. tional copies of such document for the use of of brigadier general under the provisions of Coast Guard nominations beginning the Committee on Rules and Administration. title 10, U.S.C., sections 611(a) and 624(c): Francis C. Buckley, and ending Allen K.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S910 CONGRESSIONAL RECORD — SENATE January 30, 1997 Harker, which nominations were received by million square-foot ‘‘city within a city.’’ chitecture-engineering firm; multiple the Senate and appeared in the Congres- This work includes coordination of internal projects with the internationally known de- sional Record on January 7, 1997. architectural, engineering, and display/ sign firm of Ulrich Franzen & Associates. Coast Guard nominations beginning Ron- graphics professionals, project managers, Leadership Skills: Demonstrated ability ald G. Dodd, and ending Michael E. Thomp- and plan reviewers and archivists. The selec- to: communicate clearly and effectively with son, which nominations were received by the tion and monitoring of consulting architects, all organizational levels in formal and infor- Senate and appeared in the Congressional engineers, artists, preservationists, and con- mal meetings and presentations; provide vi- Record on January 7, 1997. struction contractors has also been an im- sion and oversight for strategic planning Coast Guard nominations beginning Joseph portant part of his responsibilities. In 1995 processes; direct inter-disciplinary teams of F. Ahern, and ending Catherine M. Kelly, Alan was named Vice President, Facilities internal and consulting professionals in com- which nominations were received by the Sen- Planning and Architecture and given stra- plex projects; select and monitor consulting ate and appeared in the Congressional tegic planning responsibilities for all build- architects, engineers, artists, preservation- Record on January 7, 1997. ings at Rockefeller Center along with contin- ists and contractors; interface with regu- Coast Guard nominations beginning Roy F. ued oversight of all art, architecture, and latory agencies to facilitate timely project Williams, and ending Joseph P. Cain, which preservation issues. completion; develop and control budgets and nominations were received by the Senate and Alan came to Rockefeller Center from schedules; work with staff to achieve job sat- appeared in the Congressional Record on Cushman & Wakefield Inc.’s Development isfaction while contributing to the accom- January 7, 1997. Consulting Group where he held the position plishment of organizational goals. Coast Guard nominations beginning of Project Director for architectural and Detailed Experience 1986—Present: Rocke- George A. Russell, Jr., and ending Elmo L. planning projects. Responsibilities included feller Center Management Corporation (Staff Alexander II, which nominations were re- providing consulting services for program- Size; approximately 1,200), Vice President ceived by the Senate and appeared in the ming, planning and design for major cor- Facilities Planning and Architecture Re- Congressional Record on January 7, 1997. porate headquarters buildings, office struc- sponsible for assuring the maintenance of Coast Guard nominations beginning Brian tures and a wide variety of other commercial Rockefeller Center’s high standards as a co- C. Conroy, and ending Karen E. Lloyd, which undertakings. Projects ranged from new con- hesive urban complex, as a world renowned nominations were received by the Senate and struction to retrofit programs and tenant in- blending of art and architecture, and as both appeared in the Congressional Record on teriors. Major clients included The World a National Historic and a New York City January 7, 1997. Bank, Washington, DC; Dravo Corporation of landmark. Responsible for major parts of IN THE MARINE CORPS Pittsburgh; Banco Mercantile of Caracus, RCMC’s $300 million Capital Improvement Venezuela; and the New York State Depart- Marine Corps nomination of James W. Program, including: the restoration and re- ment of Transportation at Stewart Inter- Brown, which was received by the Senate construction of the Rainbow Room complex; national Airport. and appeared in the Congressional Record on the Multi-Tenant Floor Improvement Pro- In his professional experience, Alan has January 7, 1997. gram; the development of a master plan for also served as Assistant Chief Architect with Marine Corps nomination of Chris J. Gun- roof and facade maintenance and repair; the the national architecture-engineering firm ther, which was received by the Senate and 47th–50th Street Subway Station refurbish- of Gibbs & Hill Inc., and with the inter- appeared in the Congressional Record on ment; and the lobby renovation for 1270 Ave- nationally known architectural design firm January 7, 1997. nue of the Americas which won a New York of Ulrich Franzen & Associates. Among his Marine Corps nomination of Douglas S. State Institute of Architects Honor Award. clients were Mellon Bank, Equitable Life As- Kurth, which was received by the Senate and Responsible for strategic planning for all surance Society of America; The Royal Com- appeared in the Congressional Record on Rockefeller Center buildings. mission of Jubail and Yanbu, Saudi Arabia; January 7, 1997. Specific management and oversight re- Phillip Morris Inc.; Miller Brewing Com- Marine Corps nominations beginning Ran- sponsibilities include: Manage all environ- pany; Hunter College; and the New York dall N. Miller, and ending Gary W. Schenkel, mental design and planning, aesthetic, and State University Construction Fund. quality of environment considerations in as which nominations were received by the Sen- Alan is a member of the American Insti- efficient and cost conscious manner as pos- ate and appeared in the Congressional tute of Architects, Building Owners and sible, consistent with quality standards. Rec- Record on January 7, 1997. Managers Association, and The New York ommend appropriate design programs having IN THE NAVY Building Congress, and has lectured on the aesthetic and environmental implications Navy nominations beginning Gary D. subjects of the design and evolution of for Rockefeller Center; Work to develop an Bumgarner, and ending Reynoldo Resendez, Rockefeller Center, computer assisted de- enhanced design consciousness within the which nominations were received by the Sen- sign, and facilities management, at various company to maintain and promote a positive ate and appeared in the Congressional forums including Pratt School of Architec- public image of a corporation sensitive to Record on January 7, 1997. ture, CCNY, and Cornell University’s Mas- quality and preservation issues in both pub- Navy nominations beginning Marcial B. ters Program in Facilities Planning and lic and private spaces; Develop budgets, ob- Dumlao, and ending Rebecca L. Kirk, which Management. tain appropriate approvals, and implement nominations were received by the Senate and A registered architect in the states of New projects. Responsible for strategic planning appeared in the Congressional Record on York and New Jersey, Alan is also certified for all Rockefeller Center buildings; and As- January 7, 1997. by the National Council of Architectural sist in developing within the entire manage- NOMINATION OF ALAN HANTMAN Registration Boards, and holds a Masters De- gree in Urban Planning. The New York Soci- ment organization an anticipatory, partici- Mr. WARNER. Mr. President, I ask ety of Architects awarded him its Sidney L. pative operating style to promote job satis- unanimous consent that the following Strauss Award, ‘‘For Outstanding Achieve- faction and opportunities for advancement biography of Alan M. Hantman be ment For the Benefit of the Architectural while achieving overall institutional goals. printed in the RECORD. Profession,’’ for his work at Rockefeller Cen- Specific Rockefeller Center projects in- There being no objection, the biog- ter. clude: Restoration and reconstruction of the raphy was ordered to be printed in the Licenses: Architect—New York and New world famous Rainbow Room Complex ($25 million). This project won many awards for RECORD, as follows: Jersey Registrations Certification by Na- tional Council of Architectural Registration its design sensitivity and successful restora- EXECUTIVE BIOGRAPHY OF ALAN M. HANTMAN, Boards. tion work; Multi-Tenant Floor Improvement A.I.A., VICE PRESIDENT—FACILITIES PLAN- Education: Masters in Urban Planning, Program ($41 million); Master plan for roof NING AND ARCHITECTURE, ROCKEFELLER 1979, Graduate Center, City University of NY; and facade maintenance and repair (To Date: CENTER MANAGEMENT CORPORATION Bachelor of Architecture, 1966, College of the roofs—$19 million; facades—$14 million); Alan M. Hantman has been with Rocke- City of New York—CCNY; and B.S., Archi- 47th–50th Street Subway Station refurbish- feller Center Management Corporation since tecture 1965, College of the City of New ment ($3 million); Lobby Renovation for 1270 1986, serving as Vice President for Architec- York—CCNY. Avenue of the Americas ($2.5 million): This ture, Planning, and Construction. In this po- Summary: Thirty years of increasingly re- project won a New York State Institute of sition, he has been responsible for assuring sponsible management experience covering Architects Honor Award and includes newly the maintenance of Rockefeller Center’s all aspects of the building design-construc- commissioned artwork; Sidewalk reconstruc- high standards as a cohesive urban complex, tion-management process. These responsibil- tion ($6 million); Lobby renovation for 1230 as a world-renowned blending of art and ar- ities include: the direct control of art, archi- Avenue of the Americas ($1.8 million includ- chitecture, as both a National Historic and tecture, preservation, and tenant occupancy ing newly commissioned artwork); All archi- New York City Landmark, and as an attrac- considerations for Rockefeller Center, a 15 tectural input for new central plant, global tive, high quality home for 65,000 tenants and million square foot urban commercial office control room, security center, etc. ($90 mil- 200,000 visitors who come there each day. and retail complex; architectural consultant lion plus); and Artwork restoration through- Mr. Hantman has played a leading role in in the development consulting division of out Rockefeller Center ranging from stone Rockefeller Center Corporation’s $300 mil- Cushman & Wakefield Inc., a national real bas reliefs, to three 18 ft. diameter mixed lion Capital Improvement Program, as well estate firm; the position of Assistant Chief metal art deco medallions on the exterior of as in the day to day management of this 15 Architect for Gibbs & Hill Inc., a major ar- Radio City Music Hall ($1 million).

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S911 1983–1986—Cushman & Wakefield, Inc. Computer Graphics research and develop- We are fortunate that this special (Staff Size: approximately 600); Architec- ment: Responsible for coordination of team symbol, and the great complex of tural Development Consultant, and Respon- effort to produce a user-friendly computer which it is a part, will be in the hands sible for developing corporate and institu- graphics system utilizing intelligent draw- tional housing strategies, including consid- ings for the production of Architecture, Inte- of someone as competent as Alan erations of image, growth and functional rior Design and Facilities Management re- Hantman. I wish him all the best in his needs, and building retrofit potential. Re- ports. Reports are produced interactively new position. sponsible for integrating these needs with through a mainframe environment between Ms. MIKULSKI. Mr. President, I rise relevant brokerage, building, operations, fi- graphic and alpha-numeric input terminals. today in support of the nomination of nancial analysis, and appraisal consider- Capabilities of this system include FF&E re- Alan Hantman to be the next Architect ations to develop comprehensive housing ports for vendor ordering, departmental and of the Capitol. recommendations to major clients. Imple- personnel location and space utilization re- Mr. Hantman’s nomination is the mentation of these studies through the co- ports, telephone directories, etc. ordination of architectural, engineering and 1968–1973–Ulrich Franzen & Associates culmination of a long and thorough construction consultants on behalf of cor- (Staff Size: approximately 45) Project Man- search process conducted by the bipar- porate, private and governmental clients ager; Responsibilities included: master plan- tisan Architect of the Capitol Search throughout the process. ning and construction documents for the Commission. Specific Cushman & Wakefield projects and Faculty of Arts & Letters and Cultural Cen- He has a distinguished record, having clients include: The World Bank, Washington ter, at the new 30,000 student State Univer- served as vice president for architec- D.C.: $25 M ‘‘J’’ Building at 18th and Penn- sity of New York at Buffalo, Amherst (full ture, planning, and construction at the sylvania Avenue, plus Master Plan studies design and construction documents for $6.5 for main World Bank complex: Banco million English and Modern Languages Rockefeller Center. I believe he is in an Mercantil, Caracas, Venezuela: Study for Building, schematic design for Music and excellent position to lead the Architect square block commercial development; and Chamber Hall Buildings, and planning for of the Capitol into the 21st century. New York State Department of Transpor- Theaters and Art and Architecture Depart- The U.S. Capitol is a unique histor- tation, Stewart International Airport: Study ments); planning and scheduling for major ical institution. The new Architect will for development of 9500 acre site. Hunter College urban expansion, New York face many challenges in leading the 1973–1983—Gibbs & Hill, Inc. (Staff Size: ap- City ($50 million); construction documents work force of 2,100 employees. The new proximately 3,000) Assistant Chief Architect; for Bronx State School for Mentally Re- Assistant Chief Architect for a large archi- Architect will have to work on not tarded ($22 million); master planning for only preserving the historical integrity tectural-engineering firm with an architec- downtown redevelopment of Ossining, New tural departmental staff of architects, inte- York and a new 100 acre Miller Brewing Com- of the Capitol, but also of managing rior designers, facilities managers, and pany plant and Visitor Center. the work force, which is comprised of graphic designers. In-depth involvement in 1968—Schofield & Colgan, Architects (Staff dedicated and hard-working men and all aspects of the day to day functioning of Size: approximately 25) Architectural De- women many of whom I am proud to the department, including staffing, assign- tailer; Responsibilities included: construc- say are Maryland residents. They are ments production, procedures and standards, tion drawings for suburban corporate head- planning, scheduling and cost control. Spe- being required to do more work with quarters for Union Camp Corporation, Wayne less help. cific experience included: NJ ($8 million). Planning, Scheduling, and Cost Control re- 1966–1967—Lathrop Douglas, Architects I have had a particular interest in sponsibilities for Architecture Departmental (Staff Size: approximately 40) Architectural the Architect’s employment practices staff as well as major projects for which the Detailer; Responsibilities included: construc- and how the workers are being treated, department was responsible. Prepared RFP’s tion drawings for the Fashion Center, most of whom are blue-collar, minority of all sizes and formulated contracts for Paramus, NJ; Tyson’s Corners Shopping Cen- workers. My concern dates back many projects, consultants, and joint venture arter, Fairfax County, VA; Menlo Park Shop- chitects and interior designers. years to the tenure of George White. ping Center, Menlo Park, NJ. Many of the workers under then-Archi- Project Architect for the design and imple- Memberships and Awards: American Insti- mentation of a phased master plan for a $2 tute of Architects, Building Owners and tect White came to me, as a last resort, billion half-mile square power-desalination Managers Association, The New York Build- to complain about the rampant dis- complex for Yanbu, a new city in Saudi Ara- ing Congress, National Trust for Historic crimination that was prevalent within bia. Responsible for all phases from master Preservation, The New York Society of Ar- the Architect’s office. planning through the development of de- chitects Sidney L. Strauss Award ‘‘For Out- For instance, one worker with 30 tailed design and construction documents for standing Achievement for the Benefit of the 25 buildings: prestige office, central control years of service had never received a Architectural Profession,’’ for work at and training facilities, quality industrial, raise until I intervened. This was a Rockefeller Center. maintenance, and warehouse structures. Lectures: Pratt School of Architecture, clear case of discrimination. And, there Design Control on projects including: Mas- College of the City of New York School of were many others. ter Plan and architectural design implemen- Architecture, Cornell University Master’s I asked the General Accounting Of- tation of Yanbu power-desalination complex Program in Facilities Planning & Manage- fice in 1992 to investigate the manage- ($2 billion); architectural design of Simu- ment. ment practices of the Architect’s of- lator Training Center in Taiwan ($2 million); interior design for 400,000 SF of commercial Mr. LAUTENBERG. Mr. President, I fice. The GAO found that the Archi- office space at Gibbs & Hill’s New York head- rise today in support of Alan Hantman tect’s office did not have a modern per- quarters as well as regional facilities ($5 mil- of New Jersey, who will soon become sonnel management system in place. lion); interior design for 100,000 SF of head- the next Architect of the Capitol. As a result of the GAO report, I in- quarters office space for real estate division Mr. President, Mr. Hantman is emi- troduced legislation to establish a proof Equitable Life Assurance Society of nently qualified for this position, and fessional management system, the Ar- America, Atlanta, GA ($8 million). chitect of the Capitol Human Re- Facilities Management responsibilities for has a long and successful track record. Gibbs & Hill’s headquarters and regional of- Most recently, he served as vice presi- sources Act, which was passed into law fice space including: program evaluation, in- dent of facilities planning and archi- in 1994. I also called for the resignation dividual work station design, preparation of tecture at Rockefeller Center from 1986 of George White, who failed to hold the budgets, construction drawings and speci- until mid-July of last year. managers and superintendents within fications, field supervision, and the design, As Architect of the Capitol, Mr. the Architect’s office accountable for purchasing and installation of all furniture, Hantman will be responsible for the poor management practices. furnishings and equipment. My legislation made extensive Strategic and In-depth Corporate Growth maintenance of a large and varied Cap- Programming: Conducted in-depth inter- itol complex. I know he will do an out- changes to the personnel system in the views with a wide variety of clients, from standing job. Over the past 30 years, he Architect’s office. It established merit- CEOs to line managers of major corporations has earned the respect of many in his based hiring and promotions, an equal and financial institutions. Established long profession, who know him to be a man employment opportunity program, range, functional and basic programmatic of great competence and leadership. equal pay for equal work, a training needs for new building projects, renovations, Mr. President, the Capitol is a very program, job evaluations, an open and and facilities management responsibilities. special place, not only for those of us fair disciplinary process, a confidential Clients include: Mellon Bank, N.A., Pitts- burgh, PA; Equitable Life Assurance Society fortunate enough to work here, but for employee assistance program, and an of America, Atlanta, GA; Dravo Corporation, all Americans. Indeed, the image of our employee personnel manual. Pittsburgh, PA; United National Bank & Capitol dome is a symbol of freedom Some of the law’s requirements have Trust Co., Canton, Ohio (30,000 SF study). and liberty throughout our world. been slowly implemented. I think it

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S912 CONGRESSIONAL RECORD — SENATE January 30, 1997 should be the No. 1 priority of the new Civil Engineer Corps of the U.S. Navy Tuesday during the session. Members Architect to fully implement and en- from 1952 to 1955. will be notified of the specific times we force the law’s requirements. I believe Mr. President, on the occasion of his will have those votes scheduled. it is important for the workers to know retirement, I am honored to express Under a previous consent, the Judici- that their workplace will be free of dis- and extend my gratitude and apprecia- ary Committee will be able to file a re- crimination. It is no more than what tion to William L. Ensign, for his many port accompanying the balanced budg- we require for all businesses. years of dedication and professionalism et amendment on Monday. It is my I hope Mr. Hantman will function not to the Congress and the Nation. Bill’s hope we will then be able to begin con- only as an Architect, but as a social ar- commitment and expertise has assured sideration on that important constitu- chitect in running the Architect of the that future generations will be able to tional amendment sometime during Capitol. I have tremendous hope that visit the buildings and grounds and Wednesday’s session of the Senate. we will see change in the Architect’s enjoy the rich history that is encom- I also would like to remind my col- office. It is long overdue. passed in the Capitol complex. leagues that the President’s State of I want to maintain the current work Mr. President, I thank Bill for his the Union Address is scheduled at 9 force. I do not want to see the next Ar- distinguished service and wish him and p.m. on Tuesday evening. All Senators chitect rush to privatize services. It is his family the very best during his re- are asked to be in the Senate Chamber important that we establish an inde- tirement years. at 8:30 p.m. on Tuesday so the Senate pendent task force to review the im- f can proceed at 8:40 p.m. to the House of pact of privatization on employees, se- Representatives for the address. curity, and cost-savings. I am con- AUTHORITY FOR COMMITTEES TO Mr. President, we do hope that we fident that Mr. Hantman Architect will REPORT will have one or two Cabinet nomina- be willing to listen to these concerns. Mr. LOTT. Mr. President, I ask unan- tions ready next week. Again, it de- I believe the confirmation of the next imous consent that on Monday, Feb- pends on whether or not they are re- Architect could mark the beginning of ruary 3, committees have from the ported by the committees and we get a new and progressive era for the Ar- hours of 12 p.m. to 7 p.m. to file legisla- them filed and agree on a time, which chitect of the Capitol and its employ- tive or executive matters. all Senators agree to, and have a vote. ees. The PRESIDING OFFICER. Without It looks likes it will not occur before I am prepared to work closely with objection, it is so ordered. Wednesday or Thursday. We cannot Mr. Hantman to ensure that the re- make that announcement at this time. f forms suggested by the GAO report and We will continue to work on that next outlined in my law will take place. ORDERS FOR MONDAY, FEBRUARY week. f 3, 1997, AND TUESDAY, FEB- f LEGISLATIVE SESSION RUARY 4, 1997 ADJOURNMENT UNTIL MONDAY, Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Under FEBRUARY 3, 1997, AT 9:30 A.M. the previous order, the Senate will now imous consent that when the Senate Mr. LOTT. Mr. President, if there is return to legislative session. completes its business today, it stand in adjournment until the hour of 9:30 no further business to come before the f a.m. on Monday, February 3, for a pro Senate, I now ask unanimous consent THE RETIREMENT OF WILLIAM L. forma session only. I further ask unan- that the Senate stand in adjournment ENSIGN, ACTING ARCHITECT OF imous consent that immediately fol- under the previous order. THE CAPITOL lowing the pro forma session on Mon- There being no objection, the Senate, Mr. WARNER. Mr. President, Wil- day, the Senate stand in adjournment at 5:28 p.m., adjourned until Monday, liam L. Ensign, Acting Architect of the until the hour of 11 a.m. on Tuesday, February 3, 1997, at 9:30 a.m. Capitol, is retiring on February 3, 1997, February 4; that on Tuesday, following f after 20 years of Federal service. Bill the prayer, the routine requests NOMINATIONS began his distinguished career with the through the morning hour be granted; Office of the Architect of the Capitol as further, that there then be a period for Executive nominations received by the Assistant Architect in May 1980. He morning business until 12:30 p.m., with the Senate January 30, 1997: occupied this position until November Senators permitted to speak for up to DEPARTMENT OF HEALTH AND HUMAN SERVICES 22, 1995, when, upon the retirement of 10 minutes each. RICHARD J. TARPLIN, OF NEW YORK, TO BE AN ASSIST- George M. White, he became the Acting The PRESIDING OFFICER. Without ANT SECRETARY OF HEALTH AND HUMAN SERVICES, VICE JERRY D. KLEPNER, RESIGNED. Architect of the Capitol. objection, it is so ordered. Bill, in his role as Assistant Archi- Mr. LOTT. Mr. President, I ask unan- DEPARTMENT OF STATE imous consent that on Tuesday, the STANLEY A. RIVELES, OF VIRGINIA, FOR THE RANK OF tect, was also the Director of Architec- AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. ture and the principal adviser to the Senate recess from 12:30 p.m. to 2:15 COMMISSIONER TO THE STANDING CONSULTATIVE COM- Architect in all matters concerning the p.m. for the weekly policy conferences MISSION. architectural design of new buildings, to meet as usual. NATIONAL TRANSPORTATION SAFETY BOARD the restoration and renovation of exist- The PRESIDING OFFICER. Without GEORGE W. BLACK, JR., OF GEORGIA, TO BE A MEMBER objection, it is so ordered. OF THE NATIONAL TRANSPORTATION SAFETY BOARD ing buildings, and the planning and FOR A TERM EXPIRING DECEMBER 31, 2001. (REAPPOINT- adaptive reuse of facilities throughout f MENT) the Capitol Hill complex of buildings. FARM CREDIT ADMINISTRATION PROGRAM Specifically, Bill was responsible for ANN JORGENSON, OF IOWA, TO BE A MEMBER OF THE the Architecture and Construction Di- Mr. LOTT. Mr. President, for all Sen- FARM CREDIT ADMINISTRATION BOARD, FARM CREDIT ADMINISTRATION FOR A TERM EXPIRING MAY 21, 2002, visions encompassing design, construc- ators’ information, the Senate will not GARY C. BYRNE, RESIGNED. tion, and production technology. be in session on Friday. There will be a PUBLIC HEALTH SERVICE pro forma session on Monday, which we In November 1995, Bill inherited the THE FOLLOWING CANDIDATES FOR PERSONNEL AC- leadership of the office. In this capac- just pointed out, at 9:30, with no busi- TION IN THE REGULAR CORPS OF THE PUBLIC HEALTH ness to be conducted. The Senate will SERVICE SUBJECT TO QUALIFICATIONS THEREFOR AS ity he has been responsible to the Con- PROVIDED BY LAW AND REGULATIONS: gress for all design, construction, care, be in session on Tuesday, and it is pos- 1. FOR APPOINTMENT: operations, and maintenance of facili- sible that following the weekly policy To be medical director ties within the Capitol Hill complex of luncheons on Tuesday, the Senate may DAN L. LONGO buildings. consider additional nominations that To be senior surgeon Prior to service with this Office, Bill will come available. There are some MICHAEL A. FRIEDMAN DOUGLAS B. KAMEROW was president and chief executive offi- that are moving and, hopefully, have JEFFREY R. HARRIS HENRY C. LANE cer of the firm McLeod, Ferrara, En- been reported, and maybe will be ready To be surgeon sign Chartered Architects, from 1955 to by Tuesday. So Senators should expect ENRIQUE S. FERNANDEZ DANIEL G. SCHULTZ 1980. He also served as an officer in the the possibility of rollcall votes on DENNIS M. KLINMAN DAVID L. SWERDLOW

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0637 Sfmt 9801 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S913 To be senior assistant surgeon To be medical director To be engineer director ALICE Y. BOUDREAU Eric D. Mintz LARRY J. ANDERSON T. STEPHEN JONES BRUCE P. ALMICH ALAN J. HOFFMAN JOANNA BUFFINGTON Mark J. Papania JOHN S. ANDREWS, JR. DOUGLAS N. KLAUCKE DONALD B. BAD MOCCASIN THOMAS T. KARIYA, JR. Erlinda R. Casuga- David H. Sniadack KENNETH W. BERNARD JEFFREY A. LYBARGER SAMUEL C. BRADSHAW STEPHEN B. LEIGHTON Marquez Judith Thierry RICHARD O. CANNON MARK W. OBERLE ALVIN CHUN WILLIAM H. MIDGETTE A. Russell Gerber John C. Watson ROBERT H. CARLSON STEPHEN B. PERMISON HERBERT W. DORSEY DENNIS M. OBRIEN Douglas W. Kingma JANE R. ZUCKER JOSE F. CORDERO JEFFREY J. SACKS MARIUS J. GEDGAUDAS RICHARD J. WAXWEILER Denise T. Koo JAIME M. DIAZ-HERNANDEZ JAMES H. SHELHAMER WAYNE E. WRUBLE STEPHEN W. HEATH DOROTHY D. SOGN To be dental surgeon DAVID G. HOOPER EDWARD TABOR To be senior engineer officer VAN S. HUBBARD MICHAEL H. TRUJILLO ROSEMARY E. DUFFY GERALD V. BABIGIAN WILLIAM A. HEITBRINK To be senior surgeon CURTIS C. BOSSERT GARY A. MCFARLAND To be senior assistant dental surgeon JOSEPH C. COCALIS RICHARD D. MELTON DAVID L. BRIZZEE REBECCA V. NESLUND ROBERT F. ANDA DOROTHY K. MACFARLANE JOHN T. COLLINS ELLIOT A. SHEFRIN JEFFREY M. CAROLLA WILLIAM J. PEREZ RICHARD T. CALDWELL NEIL J. MAKELA ALWIN L. DIEFFENBACH MICHAEL VERSCHELDEN MICHAEL E. KORALE LINDA C. TORRES JEFFREY A. CUTLER RICHARD A. MARTIN JOHN R. GIEDT RANDY N. WILLARD JANNA CHERYL MCINTOSH JOHN T. ZIMMER RUTH A. ETZEL THOMAS R. NAVIN ROBERT M. HAYES BRYAN K. H. YIM JOHN T. FRIEDRICH EDWARD L. PETSONK To be senior assistant nurse officer GEORGE E. GRANING FRANK O. RICHARDS, JR. To be engineer officer JOEL R. GREENSPAN CYNTHIA D. SCHRAER RANDALL L. BACHMAN RONALD L. MICKELSEN JOYCE A. ANDERSON Christine M. EVAN C. HADLEY MARY K. SERDULA JOSE F. CUZME DUGLAS C. OTT VICTORIA L. ANDERSON Parmentier SCOTT D. HOLMBERG PHILLIP L. SMITH KENNITH O. GREEN GEORGE D. PRINGLE, JR. JUDITH E. ARNDT Daniel Reyna MICHAEL J. HORAN HUGH K. TYSON VALERIE J. HANEY ROGER G. SLAPE LORI E. BEALLE Cliffornia J. Rolle MARK A. KANE RONALD J. WALDMAN DANIEL L. HEINTZMAN KELLY R. TITENSOR ERICA M. BOARDMAN JONATHAN E. KAPLAN ALLEN J. WILCOX Mary F. Rossi-Coajou KENNETH F. MARTINEZ ROBERT L. WILSON JEFFREY N. BURNHAM Leslie L. Royall NORRIS S. LEWIS RAY YIP LAURA M. CHISHOLM Rosemary J. Sullivan MARIA L. DINGER To be scientist director James S. Whiting To be surgeon CINDY E. HAMLIN Christine L. Williams CHARLES K. BOWLES ROBERT P. KLEIN DENNIS R. HAMMOND LYNN A. BOSCO BRADLEY S. HERSH WILBUR H. CYR KENNETH KRELL TONY M. ZORZYNSKI RALPH T. BRYAN JOHN R. LIVENGOOD ROLDIE C. JONES ROBERT B. DICK JOSEPH M. MADDEN WILLIAM A. CALDER IV ADELINA D. MARINBERG GEORGE C. JAN EVE K. MOSCICKI To be assistant nurse officer RICHARD J. CALVERT DIANE A. MITCHELL ANNETTE W. ZIMMERN WILLIAM E. CARTER, JR. JOHN S. MORAN DANIEL J. ARONSON ROBERT C. FRICKEY PHILIP E. COYNE, JR. NEIL J. MURPHY To be senior scientist To be senior assistant engineer officer ANDREW M. FRIEDE MARK G. PETERSON TERENCE H. HAMEL MICHAEL PRATT RAYMOND F. BEACH, JR. WILLIAM A. KACHADORIAN RAYMOND M. BEHEL II ROBERT B. MCVICKER GEORGE H. HAYS, JR. SAM S. SHEKAR GREGORY M. CHRISTENSON ALAN C. SCHROEDER DAVID M. BIRNEY JACQUELINE M. PARKER RAQUEL A. CRIDER CHUNG-YUI B. TAI ERIC L. CRUMP STEVEN E. RAYNOR To be dental director WILLIAM T. DILL RICHARD W. TRUMAN GARY S. EARNEST PAUL G. ROBINSON MICHAEL G. GRESSEL GEORGE W. STYER HAROLD A. BLACK ROBERT H. HARRY, JR. To be scientist WILLIAM R. GRIFFITH DANIEL C. TOMPKINS THOMAS J. DECARO JAMES A. LIPTON ROBERT S. ENDERS DONALD W. MARIANOS JOHN E. ABRAHAM SARA DEE MC ARTHUR MICHAEL J. KOEHMSTEDT DENNIS J. WAGNER LESLIE P. BOSS ROGER R. ROSA LOUIS A. LIGHTNER, JR. MAURICE C. WEST JAMES W. FARRINGTON ROBERT A. PALMER DOUGLAS B. FRITZ STEVEN H. POSNER JOHN A. ELLIOTT MILDRED M. WILLIAMS- To be assistant engineer officer LAWRENCE J. FURMAN ALAN L. SANDLER G. SHAY FOUT JOHNSON ANTHONY G. KATHOL To be senior dental surgeon To be sanitarian director To be scientist VICTOR R. ALOS GENE J. MCELHINNEY RICHARD M. BRYAN DOUGLAS R. JACKSON RALPH J. TOUCH, JR. CHARLES H. DETJEN STEVEN R. NEWMAN DONALD H. BURR ALAN R. DEUBNER FORREST H. PEEBLES To be senior sanitarian To be senior assistant scientist M. ANN DRUM GARRY E. PITTS ROBERT F. FELKER, JR. MIGUEL RICO LARRY E. GLAZE RICHARD W. HARTLE DINA BIRMAN BRUCE H. GRANT JAMES D. FRIDAY BARRY H. WATERMAN RANDY E. GRINNELL GREGORY M. HECK FRANK P. GONZALES NEAL R. MC MANN MICHAEL H. HESS RICHARD H. WHITE JOHN J. HANLEY GARY P. NOONAN RICHARD T. HIGHAM RUSSELL C. WILLIAMS, JR. JOHN A. STEWARD To be sanitarian BENJAMIN F. HOWARD RODNEY WONG JAMES J. JAN To be sanitarian BRENDA J. HOLMAN MARK KODAY DAVID K. WRIGHT MICHAEL L. MARK STEPHEN W. WYATT BYRON P. BAILEY MARK H. MATTSON To be senior assistant sanitarian WILLIAM D. COMPTON JOHN P. SARISKY RALPH F. FULGHAM JEFFREY J. SMITH GARY J. GEFROH REVA J. MELTON To be dental surgeon BARRY S. HARTFIELD KEVIN TONAT KEVIN W. HANLEY EDWARD PEREZ, JR. JEROME B. ALFORD JAN T. JOSEPHSON ROBERT F. HENNES L.J. DAVID WALLACE III MICHAEL P. KEIFFER FREDERICK A. RAMSEY STEVEN J. BAUNE MARGARET L. LAMY JOSEPH L. HUGHART PAUL T. YOUNG GEOFFREY G. LANGER DORIS RAVENELL-BROWN ROBIN S. BERRIN TAD R. MABRY JOHN P. LEFFEL MICHAEL M. WELCH SAMUEL L. BUNDRANT MARILYN R. MCKEAN To be veterinary director To be veterinary officer BILLY D. CARD, JR. HOWARD W. PAYNE, JR. JAMES E. CODE PETER M. PRESTON MICHAEL J. BLACKWELL MARGUERITE LINDA R. TOLLEFSON MARKUS P. ELDRED SANDRA L. SHIRE PAPPAIOANOUTo be senior veterinary officer MICHAEL A. FOSTER ADELE M. TAYLOR To be senior assistant veterinary officer KEVIN S. HARDWICK JOHN B. VEASLEY MARK S. JACOBSON CLIFFORD D. WHITE TRACEY C. BOURKE STEPHANIE I. HARRIS To be veterinary officer THOMAS E. JORDAN PAUL YOUNG To be senior assistant pharmacist PETER B. BLOLAND To be nurse director MICHAEL R. ALLEN ILENE R. KETTER To be pharmacist director MARIA T. BURT JANET M. DUMONT LORRAINE A. MACIAG DAVID V. LARSON DAVID BARASH JAY D. MC GATH ROBERT B. CARLILE IV MAY B. GIVAN LYNN E. MCCOURT KEITH E. ROST JOHN A. BOREN STEVEN R. MOORE JOHN M. COLEMAN LINDA M. SCHRAND RICHARD E. DAVIS JAMES C. MYERS L. JANE DUNCAN To be senior nurse officer KASSANDRA C. SHERROD JIMMY P. DOWDY ROBERT W. PARRISH TRACI C. GALE THOMAS A. STICHT MELISSA M. ADAMS Constance J. Overby GARY A. ERICKSON STEVEN L. PETTITT JILL G. GEOGHEGAN JULIE E. WARREN BRUCE C. BAGGETT Marilyn K. Pierce-Bulger STEVEN C. GARRETT WILLIAM B. WELCH KAREN G. HIRSHFIELD MARTINA P. CALLAGHAN Cristin O. Rodriguez J. CRAIG HOSTETLER PATRICIA T. L. YEE- To be assistant pharmacist MARTHA J. COURY Carol A. Romano JAMES E. KNOBEN SPENCER Roberta A. Holder- Myra J. Tucker DANA L. HALL EDDIE J. WINN Mosley Gale G. White To be senior pharmacist Charles R. Mauch Beverly R. Wright To be senior assistant dietitian Nancy E. Miller-Korth SARAH C. ZAHNISER RUSSELL E. ALGER RALPH B. LILLIE THOMAS L. BLUMENBERG JAMES A. MAY YOUNG S. SONG JULI M. WHITSON To be nurse officer ROBERT W. BOYCE JON A. MC ARTHUR Connie Y. Torrence- ANTHONY J. BROOKS THOMAS J. MC GINNIS Thomas ROBIN E. ANDERSON Judith E. Maeda SUSAN CARL ROBERT C. NELSON ANA M. BALINGIT-CLARK Kenda J. Mathews ANTHONY W. DECICCO NICHOLAS P. PROVOST To be senior assistant therapist DORIS L. CLARKE Timothy E. Mathews PAUL N. DERAMO GROVER H. RIVENBARK ROGER D. EASTEP LINDA J. SHULL BART E. DRINKARD JAMES E. CLEVENGER Sheryl L. Meyers REGENA N. DALE Michael G. Mikulan ROGER A. GOETSCH R. DAVID SIMPTON To be senior assistant health services officer JOANNE DERDAK Roger A. Monson ARDEN H. HANSON RONNIE D. THOMAS FERN S. DETSOI Susan J. Morris PAUL L. HEPP WILLIAM P. TYLER, JR. BRADLEY L. AUSTIN STEVE GURSKI III THOMAS J. EDWARDS Ernestine Murray WILLIAM A. HESS PETER L. VACCARI TONI A. BLEDSOE R. ANDREW HUNT DANNY J. ENGLISH Robinson J. Myers FRANCIS J. HUSSION ROBERT L. WEST FRANK H. CROSS, JR. WINSTON L. MOOREHEAD MAUREEN Q. FARLEY Barbara J. Myrick MICHAEL F. JOHNSTON STEPHEN W. WICKIZER WILLARD E. DAUSE JUDITH A. NELSON Pamela R. Gallagher- Rebecca K. Olin JAN DAVIS GAY E. NORD Navarro Maria C. Padilla To be pharmacist MAUREEN E. GORMLEY KENNETH B. STEWART Clarice Gee Gladys V. Perkins DIANE CENTENO- MICHAEL R. LILLA Alan D. Goldstein James M. Pobrislo DESHIELDS ROBERT A. MC GOUGH To be assistant health services officer Martha L. Haynes Christine L. Rubadue PAUL A. DAVID JAMES W. MITCHELL Mark W. Hunt Beverly J. Sanders LOU A. RECTOR CHRISTOPHER R. WALSH JOSEPHINE E. DIVEL Merrit C. Jensen Leslie A. Spousta, Jr. MICHAEL J. MONTELLO STEVEN C. DOANE THE FOLLOWING CANDIDATES FOR PERSONNEL AC- Donna M. Kenison Timothy R. Stockdale CECILIA-MARINA PRELA MARY B. FORBES TION IN THE REGULAR CORPS OF THE PUBLIC HEALTH David L. Kerschner Lauren C. Tancona ROBERT W. RIST ERIC D. GREGORY SERVICE SUBJECT TO QUALIFICATIONS THEREFOR AS Kathleen M. Kinsey Diane R. Walsh RENEE J. RONCONE MARTIN JAGERS PROVIDED BY LAW AND REGULATIONS: Mark P. Lecapitaine Mark S. Wessel WILLIAM D. SAGE DANNY C. JONES 1. FOR APPOINTMENT: Lynn M. Lowry JANET L. WILDEBOOR THOMAS J. TROSHYNSKI JAMES C. JORDAN

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0637 Sfmt 9801 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S914 CONGRESSIONAL RECORD — SENATE January 30, 1997 To be dietitian director *DON F. POLLACK, 0000 EDWARD A. METZ, 0000 *KARY B. REED, 0000 EDITA P. MILAN, 0000 BEVERLY G. CRAWFORD *DAVID H. ROBERTSON, 0000 JAMES R. MILLER, 0000 *CHRISTOPHER W. ROYER, 0000 THOMAS D. MILLS, 0000 To be senior dietitian *MICHELE B. SHIELDS, 0000 JOSEPH MOONEY, 0000 SHIRLEY R. BLAKELY SANDRA D. ROBINSON *MICHAEL L. SMIDT, 0000 ARNOLD A. MYHRA, 0000 *ROBERT C. SPINELLI, 0000 JEANINE E. NORDEEN, 0000 To be dietitian *STEPHANIE L. STEPHENS, 0000 RONALD B. PADGETT, 0000 *MARK TELLITOCCI, 0000 MIGUEL E. PALOU, 0000 DIANE M. PRINCE PAULETTE D. WICKS *TIMOTHY M. TUCKEY, 0000 TERRY E. PARKMAN, 0000 To be therapist director *JOSEPH J. VONNEGUT, 0000 DERICK PASTERNAK, 0000 *WILLIAM W. WAY, 0000 DIANNE T. PHILP, 0000 MICHAEL R. HUYLEBROECK *WALTER S. WEEDMAN, 0000 ROBERT E. PICKARD, 0000 To be senior therapist *KERRY M. WHEELEHAN, 0000 JUDITH M. POLCZER, 0000 *MICHELE E. WILLIAMS, 0000 TED W. PRATHER, 0000 CHARLES L. MC GARVEY MARIE A. SCHROEDER *DAVID L. WILLSON, 0000 CHRISTOPHER C. RAND, 0000 *CATHERINE M. WITH, 0000 JAMES L. RIBARY, 0000 To be therapist *GREGORY G. WOODS, 0000 ELISABETH ROBINSON, 0000 TERRY T. CAVANAUGH SHERRY L. PHILLIPS *SCOTT F. YOUNG, 0000 BRUCE N. ROGERS, 0000 FRANKLIN D. KEEL BONNIE C. THORNTON ALFRED D. ROTH, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT KENNETH M. SADLER, 0000 To be health services director TO THE GRADE INDICATED IN THE RESERVE OF THE MARK M. SAKAI, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOHN V. SAWICKI, 0000 EVAN R. ARRINDELL JOHN L. MC CROHAN, JR. ARMY RESERVE JOSEPH SCHOONOVER, 0000 MARTIN J. BREE EMMETT E. NOLL ARJINDERPAL SEKHON, 0000 ROBERT N. BURNS MARGARET T. ROPER To be colonel SADASHIV S. SHENOY, 0000 WILLIAM M. CHAPIN, JR. HARRY A. ROSENZWEIG TIMOTHY ALBERTSON, 0000 WILLIAM D. SHERMAN, 0000 JAMES E. CLAIR EDWIN L. SENSINTAFFAR WILLIAM D. SHIRLEY, 0000 LARRY D. EDMONDS CARLOS M. ALVAREZ, 0000 ROBERT SOLIZ AMARAS AMARASINGHE, 0000 WALTER W. SIGG, 0000 JERRY G. GENTRY STUART M. SWAYZE DENNIS L. SIMCIK, 0000 ROBERT P. KUHLTHAU THOMAS C. ANDERSON, 0000 DAWN G. THARR CHARLES W. SIMMONS, 0000 MICHAEL A. LOPATIN JAMES P. ASHER, 0000 STEPHEN BAKERJIAN, 0000 GARY R. SMISEK, 0000 To be senior health services officer MILAGROS T. BANTON, 0000 DAVID C. SMITH, 0000 JUNE B. BARRETT, 0000 TERRANCE L. SMITH, 0000 MARY P. ANDERSON DONALD W. GANN ELAINE B. BAXLEY, 0000 TONY D. STEM, 0000 KENNETH R. BAHM JOHN M. GARBER TERRY L. BELVIN, 0000 TIMOTHY J. STROMAIN, 0000 STEPHEN J. BALCERZAK JESSE L. GLIDEWELL ROY E. BERKOWITZ, 0000 ROBERT A. STROUSE, 0000 ROGER W. BROSEUS TERENCE M. GRADY JOHN M. BILLY, 0000 DAVID J. SZARELL, 0000 STEPHANIE D. BRYN RICHARD P. HASKINS STEPHEN C. BIRD, 0000 JOHN R. TAITANO, 0000 THOMAS F. CARRATO GLORIA J. HOLDER MARTIN J. BLANCHARD, 0000 DAVID B. TATE, 0000 VIVIAN T. CHEN ELLEN M. HUTCHINS SAMUEL P. BOEHM, 0000 JUDITH A. TAYLOR, 0000 ROBERT L. DAVIDSON DEBRA Y. LEWIS LUCAS H. BRENNECKE, 0000 ROGER D. THOMAS, 0000 CAROL A. DELANY HECTOR LOPEZ RICHARD M. BRIGGS, 0000 KAREN B. TRATENSEK, 0000 NORMAN E. DODDS GEORGE G. MARTIN SAMUEL, CAMPBELL, JR. 0000 FRANCIS E. TRAXLER, 0000 JEAN D. DOONG JAMES D. MC GLOTHIN PAUL E. CASINELLI, 0000 ALVAS C. TULLOSS, 0000 JOHN D. DUPRE CAROL REST-MINCBERG GODFREDO R. CELIS, 0000 GLENN E. TURNER, 0000 ALAN S. FRIEDLOB S. JAY SMITH DONALD M. CHOATE, 0000 JOHN C. TURNIER, 0000 JOHN D. GALLICCHIO FRANCIS P. WAGNER, JR. RANDO CHRITIANSON, 0000 JAMES D. VALENTINE, 0000 To be health services officer MICHAEL S. CLARKE, 0000 CARRASQUILLO VAQUER, 0000 CHARLES B. CLIFFORD, 0000 MILES H. VARN, 0000 EUGENIA ADAMS W. HENRY MACPHERSON JONATHAN W. COFFIN, 0000 ORLA VAZQUEZTORRES, 0000 DUANE R. BECKWITH ROBERT J. SLAYTON RICHARD E. COLLINS, 0000 FREDERICK G. VERNON, 0000 FRANCIS J. BEHAN RACHEL E. SOLOMON JOSEPH COMPETIELLO, 0000 ROBERT W. VIT, 0000 ANNIE L. BRAYBOY-FAIR MARIA E. STETTER ERIC P. COWART, 0000 WAYNE E. WALCOTT, 0000 RONALD L. WALKER, 0000 ROBERT G. HAMMERNIK NANCY A. TOLLISON JOSEPH A. CURRO, 0000 EARL WASHINGTON, JR., 0000 TERESA C. HORAN JOHN N. ZEY LAWERENCE H. DAVIS, 0000 NINA R. LALICH ANNETTE M. DEENER, 0000 WILLIAM A. WATSON, 0000 CHARLES WEINSTEIN, 0000 IN THE ARMY GIL E. DELOSREYES, 0000 ROBERT L. DRYDEN, 0000 YOU Y. WHIPPLE, 0000 ARVIS G. WILLIAMS, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT VINCENT A. DUENAS, 0000 DAVID A. WILLIAMS, 0000 TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR THOMAS E. DUKE, 0000 ADRIAN G. WILSON, 0000 REGULAR APPOINTMENT IN THE JUDGE ADVOCATE GEN- JAMES P. DUNN, 0000 MICHAEL C. WITTE, 0000 ERAL’S CORPS (IDENTIFIED BY AN ASTERISK (*)) UNDER SAMUEL D. FEE, 0000 FRANKLIN D. WOO, 0000 TITLE 10, UNITED STATES CODE SECTIONS 624, 531 AND HERMINIA P. FESTIN, 0000 WILSON WRIGHT, JR., 0000 3283: NORMAN A. FLAXMAN, 0000 STANLEY L. FLEMMING, 0000 KENNETH C. YOHN, 0000 JUDGE ADVOCATE GENERAL’S CORPS ROBERT M. FREY, 0000 PHILIP R. ZELSON, 0000 To be major DONALD J. FUCHS, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT ALLEN GILDERSLEEVE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE *IDA F. AGAMY, 0000 GEORGE V. GOFF, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: *MARIAN AMREIN, 0000 JOHN M. GRAHAM, 0000 *BRETT E. BACON, 0000 DANA H. GRAU, 0000 ARMY RESERVE HAL D. BAIRD, 0000 ROGER E. GRAVEL, 0000 To be colonel *MICHAEL P. BOEHMAN, 0000 LOUIS H. GUERNSEY, 0000 *KEVIN M. BOYLE, 0000 ISAAC S. HADLEY, 0000 STEVEN R. ABT, 0000 *COREY L. BRADLEY, 0000 ROBERT F. HAMBAUGH, 0000 PEDRO J. ACOSTA, 0000 *GARY R. BROCK, 0000 JOHN J. HASSETT, 0000 CHARLES L. ADAMS, 0000 *WADE L. BROWN, 0000 W. HAYES, 0000 MICHAEL K. ADAMS, 0000 *DAVID C. CALDWELL, 0000 SHELBY A. HEFLIN, 0000 ROGER L. ALLEN, 0000 *VIRGINIA C. CARLTON, 0000 ROBERT M. HOUSE, 0000 JOHNNY M. ALLEY, 0000 KEVIN M. CIEPLY, 0000 JEAN E. HOWARD, 0000 BEECHER C. ALLISON, 0000 *ROBERT W. CLARK, 0000 RANDOLPH L. HUCK, 0000 JANET S. AMOR, 0000 *TIMOTHY J. CODY, 0000 CATHERINE HUNDLEY, 0000 CLIFFORD A. AMOS, 0000 *MELINDA A. COMFORT, 0000 ROBERT HUTCHINSON, 0000 MICHAEL D. ANDERSON, 0000 *SILAS R. DEROMA, 0000 RONALD I. HUTTON, 0000 CHARLES C. APPLEBY, 0000 *HARVEY W. DEVONE, 0000 OLEGARIO J. IGNACIO, 0000 WAYNE APPLEBY, 0000 *WALTER R. DUKES, 0000 M. IRIZARRYMARTINEZ, 0000 JAMES E. ARCHER, 0000 *BRENDA DURHAM, 0000 MILTON H. ISA, 0000 NORMAN E. ARFLACK, 0000 *JAMIE D. EAKER, 0000 PAUL A. JENDRIAN, 0000 JEFFREY L. ARNOLD, 0000 *JOSEPH C. FETTERMAN, 0000 JAMES V. JOHNSON, 0000 CHESTER A. ARTER, 0000 JAMES P. FLOWERS, 0000 TERRY T. JONES, 0000 LUIS A. AVELLANET, 0000 *JAMES W. FRIEND, 0000 WALTER E. JORDAN, 0000 DANIEL E. AVERETT, 0000 *BRIAN J. GODARD, 0000 ANTOINE J. JUMELLE, 0000 MICHAEL A. BAILEY, 0000 VICTOR M. HANSEN, 0000 DONALD KAPLAN, 0000 RICHARD A. BALLIET, 0000 *JOHN M. HEAD, 0000 ROBERT J. KASULKE, 0000 WILLIAM K. BAMLER, 0000 *ROBERT S. HRVOJ, 0000 WILLIAM A. KEAN, 0000 BILLIE K. BANKS, 0000 *JACQUELINE J. JACKSON, 0000 JACK L. KILLEN, 0000 JULIAN D. BANKS, 0000 *ROBB W. JEFFERSON, 0000 MICHAEL K. KIMBLE, 0000 TERRY F. BARKER, 0000 *ANTHONY D. JONES, 0000 ROLF W. KNOLL, 0000 GAIL A. BATMAN, 0000 *JOHN B. JONES, JR. 0000 WALTER M. KOBIALKA, 0000 DAVID G. BATTAGLIA, 0000 *PAUL E. KANTWQILL, 0000 EDWIN J. KOHNER, 0000 GREGORY W. BAXTER, 0000 *BENJAMIN T. KASH, 0000 RUDOLPH R. KRAUS, 0000 STANLEY R. BAYLEY, 0000 *DANIEL W. KELLY III, 0000 LUCIANO G. LADAGA, 0000 JOHN F. BAYNES, 0000 *THOMAS M. KULISH, 0000 ALEATHA W. LANDRY, 0000 MICHAEL W. BEAMAN, 0000 *PAUL L. LEE, 0000 GEORGE E. LANNING, 0000 GRATEN D. BEAVERS, 0000 *CLAES H. LEWENHAUPT, 0000 BOBBILYNN H. LEE, 0000 ARTHUR C. BECK, 0000 *DAVID M. LOWE, 0000 JAMES D. LEITZELL, 0000 GEORGE A. BECKER, 0000 *PATRICIA A. MARTINDALE, 0000 RICHARD M. LHEUREUX, 0000 ROBERT J. BEDELL, 0000 *PHILIP T. MC CAFFREY, 0000 JACK M. MARKUSFELD, 0000 THOMAS N. BEDIENT, 0000 *JOSEPH A. MC CLOSKEY IV, 0000 AUDREY C. MC COOL, 0000 GEORGE M. BEDINGER, 0000 *MICHAEL G. MC GOVERN, 0000 JANE I. MC CULLOUGH, 0000 CHARLES J. BENARDO, 0000 *SUSANNE A. MILLER, 0000 JOHN D. MC DOWELL, 0000 DANIEL E. BENES, 0000 *ROGER E. NELL, 0000 RALPH E. MC ELMURRY, 0000 JAMES L. BERDAN, 0000 *DAVID NEWSOME, JR., 0000 GERARD A. MC ENERNEY, 0000 MYRON J. BERMAN, 0000 *DAVID L. PARKER, 0000 REGINALD MC KINNEY, 0000 DONALD R. BETZOLD, 0000 *JFFFERY D. PEDERSEN, 0000 DONALD L. MELLOR, 0000 JOHN M. BIDDLE, 0000

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PARK P. BIERBOWER, 0000 JOHN R. DIXON, 0000 WILLIAM J. HILL III, 0000 RUSSELL V. BIERL, 0000 HOWARD B. DODSON, 0000 JAMES P. HILLS, 0000 JONATHAN BILLINGS, 0000 KERRY B. DOLAN, 0000 FENTON D. HIRSCHI, 0000 HAROLD BILLINGSLY, 0000 RICHARD G. DONOGHUE, 0000 KENNETH D. HISLOP, 0000 ABNER C. BLALOCK, 0000 JOHN R. DOUGLAS, 0000 JOHN F. HOLECHEK, 0000 ANDREW S. BOGUS, 0000 WILLIAM J. DOWLING, 0000 BENNIE J. HOLMES, 0000 THOMAS A. BOLAND, 0000 DENNIS C. DRAKE, 0000 RONALD D. HOLMES, 0000 ARNOLD F. BONNER, 0000 DONALD W. DRASHEFF, 0000 JOHN S. HOOKER, 0000 THOMAS H. BONORDEN, 0000 THEODUS L. DRAYTON, 0000 DAWN R. HORN, 0000 THOMAS E. BOOTH, 0000 THOMAS E. DREW, 0000 MATTHEW A. HORN, 0000 KAYWARD BOUILLION, 0000 WILLIAM H. DROHAN, 0000 RICHARD A. HORTON, 0000 WILLIAM J. BOVER, 0000 HARRY M. DUBOSE, 0000 DAVID A. HOSTETLER, 0000 GLADWYN G. BOWLIN, 0000 WILLIAM C. DUESBURY, 0000 GREGORY A. HOWARD, 0000 WILLIE J. BOYD, 0000 DAVID N. DUNAGAN, 0000 DONNA L. HUBBERT, 0000 DOUGLAS M. BRANTLEY, 0000 JAMES R. DUNCAN, 0000 MICHAEL HUMPHREYS, 0000 CRAIG E. BRASFIELD, 0000 JAMES DUNKELBERGER, 0000 JOHN J. HUNT, 0000 JOHN M. BRAUM, 0000 JAMES P. DWYER, 0000 ERIN A. HURD, 0000 ROBERT T. BRAY, 0000 DARRELL C. DYER, 0000 WILLIAM E. INGRAM, 0000 JUDITH E. BRENDEL, 0000 RODNEY F. DYER, 0000 JOHN K. IRELAND, 0000 GORDON M. BREWER, 0000 CLARK J. EATON, 0000 ARLYN R. IRION, 0000 M. BRILLON RODRIGUEZ, 0000 CHARLES K. EBNER, 0000 STANLEY G. JACOBS, 0000 JAMES K. BRINKLEY, 0000 ALAN A. ECKE, 0000 DENNIS E. JACOBSON, 0000 ALBERT H. BRINKMAN, 0000 JAMES P. EGGLETON, 0000 THADDEU JALKIEWICZ, 0000 WILLARD BROADWATER, 0000 DONALD A. ELBERT, 0000 ROBERT N. JANNARONE, 0000 SAMS C. BROUSSARD, 0000 GEORGE K. ELBRECHT, 0000 MICHAEL A. JANOVICZ, 0000 GLEN J. BROWER, 0000 JERRY M. ELDER, 0000 TOMMY J. JAWORSKY, 0000 JAMES W. BROWN, 0000 MAIOS ELIADES, 0000 MICHAEL K. JELINSKY, 0000 REX A. BROWN, 0000 JOHN C. ELLIS, 0000 EDWARD M. JENKINS, 0000 ROBERT C. BROWN, 0000 JOHN J. EMIG, JR., 0000 PATRICK L. JENKINS, 0000 STEWART J. BROWN, 0000 RONALD M. ESTROFF, 0000 PAUL E. JENSEN, 0000 CHRISTOPHER BROWNE, 0000 BARTON EVANS, JR., 0000 KLIXBULL O. JESSEN, 0000 JAMES A. BRUNSON, 0000 JAMES R. EXNICIOS, 0000 ALBERTO J. JIMENEZ, 0000 HARRY L. BRYAN, 0000 CALVIN D. FARR, 0000 ROBERT W. JOHANSON, 0000 THOMAS M. BRYSON, 0000 MARC M. FEINBERG, 0000 RALPH K. JOHNS, 0000 JOHN W. BUCHER, 0000 ANTHONY J. FELITTO, 0000 JAMES L. JOHNSON, 0000 BRUCE M. BUCHHOLTZ, 0000 JOHN R. FENIMORE, 0000 KENNETH W. JOHNSON, 0000 DAVID G. BUCK, 0000 DONALD F. FINDON, 0000 MICHAEL J. JOHNSON, 0000 ELBERT T. BUCK, 0000 ROBERT FITZPATRICK, 0000 ROBERT M. JOHNSON, 0000 BENJAMIN A. BUNN, 0000 CHALRES E. FLEMING, 0000 RONALD D. JOHNSON, 0000 MELVIN L. BURCH, 0000 WILLIAM A. FOGG, 0000 RONALD E. JOHNSON, 0000 RICHARD S. BURCHETT, 0000 JAMES D. FORD, 0000 WILLIAM G. JOHNSON, 0000 WILLIAM A. BURCHARD, 0000 PATRICIA M. FOREST, 0000 FREDDIE L. JONES, 0000 DAVID P. BURFORD, 0000 REX D. FORTNER, 0000 KEITH D. JONES, 0000 DONNIE R. BURGESS, 0000 CARY R. FOSTER, 0000 PAUL L. JONES, 0000 MICHAEL T. BURK, 0000 JIMMY T. FOX, 0000 RICHARD A. JONES, 0000 MICHAEL E. BURKETT, 0000 ROBERT W. FREER, 0000 WILLIE E. JONES, 0000 JAMES L. BURSON, 0000 ROBERT P. FRENCH, 0000 MARK T. JOOSSE, 0000 ALBERT J. BUSH, 0000 MICHAEL J. FRIEDL, 0000 WARREN E. JORDANS, 0000 CAREY B. BUSSEY, 0000 ALAN K. FRY, 0000 JOSEPH H. JUST, 0000 ALAN G. BUTKI, 0000 EDWARD D. FRY, 0000 ANTHONY D. KALISH, 0000 DONALD D. BUTLER, 0000 JAY A. FUGGITI, 0000 ALLEN M. KAMEMOTO, 0000 JOHN L. CAIRER, JR., 0000 SAMUEL FUOCO, 0000 BERNARD S. KAMINE, 0000 CHARLES A. CAMPBELL, 0000 JAMES H. GABRIEL, 0000 FRED A. KARNIK, 0000 ROSS A. CAMPBELL, 0000 NEIL W. GAFNEY, 0000 ROBERT A. KEESECKER, 0000 WILLIAM M. CAMPBELL, 0000 FRED W. GAGE, 0000 WILLIAM H. KEETER, 0000 JAN M. CAMPLIN, 0000 PAUL J. GAJEWSKI, 0000 EDWARD V. KELLY, 0000 TIMOTHY W. CANNON, 0000 ALAN C. GAYHART, SR., 0000 JOHN A. KENDALL, 0000 LARRY J. CARNES, 0000 DENNIS P. GEOGHAN, 0000 RANDAL L. KENNEDY, 0000 EUGENE J. CAROLAN, 0000 JOHN P. GERHARD, 0000 MICHAEL D. KERSHAW, 0000 MICHAEL E. CARR, 0000 ROBERT C. GERHARD, 0000 DENNIS C. KIM, 0000 WELBORN A. CARR, 0000 HARRY L. GIBSON, 0000 BARRETT T. KING, 0000 PAUL M. CARROLL, 0000 MARK A. GILBERT, 0000 STEPHEN E. KING, 0000 RONALD A. CASSARAS, 0000 RICHARD P. GLASGOW, 0000 WINSTON E. KING, 0000 GAYLE P. CHAFFIN, 0000 LARRY C. GLAZIER, 0000 JACK A. KINGSTON, 0000 ZACHARY R. CHAKY, 0000 GLENN A. GLOVER, 0000 BRUNO KIRSCH, JR., 0000 STEPHEN G. CHAMBERS, 0000 GEORGE C. GOLLER, 0000 ROBERT E. KLEBA, 0000 DUNCAN G. CHAPMAN, 0000 JOHN S. GONG, 0000 ROBERT L. KLEIN, 0000 JAMES E. CHAPMAN, 0000 FRANCIS P. GONZALES, 0000 GERALD L. KLINE, JR., 0000 CRAIG C. CHENEY, 0000 KENNETH A. GONZALES, 0000 LEONARD P. KLOEBER, 0000 JOHNNY P. CHERRY, 0000 GEORGE A. GORE, 0000 CLIFTON F. KNIGHT, 0000 BOBBY CHIN, 0000 MICHAEL A. GORMAN, 0000 LARRY KNIGHTNER, 0000 DAN V. CHISHOLM, 0000 CURTIS GRANDSTAFF, 0000 ROBERT A. KNOTTS, 0000 WILLIA CHRISTOPHER, 0000 RORER J. GRANT, 0000 THEODOR KONFEDERAK, 0000 RONALD L. CHUBB, 0000 TERRY F. GREENE, 0000 JONATHAN H. KOSARIN, 0000 JOSEPH M. CLAPS, 0000 DAVID E. GREER, 0000 JOHN E. KOSOBUCKI, 0000 ALAN N. CLARK, 0000 DAVID J. GRIFFITH, 0000 JOHN G. KOVASH, 0000 DANNY D. CLARK, 0000 DARRELL P. GRITTEN, 0000 ROGER W. KRAUEL, 0000 WILLIAM G. CLARK, 0000 WILLIAM S. GROSS, 0000 JULIA A. KRAUS, 0000 ALBERT A. CLYMER, 0000 WILLIAM E. GROWNEY, 0000 JOSEPH C. KULBOK, 0000 ANTON COBIANMENDEZ, 0000 EDWARD J. GRUNDEL, 0000 GLENN J. KUNTZ, 0000 FABIO H. COLASACCO, 0000 RAYMOND GUILLAUME, 0000 DONALD W. LANE, 0000 WILLIAM D. COLVIN, 0000 JON O. GUSTFSON, 0000 JOSEPH A. LANESKI, 0000 CLINTON E. CONERLY, 0000 THOMAS D. HADDAN, 0000 GERALD E. LANG, 0000 CARLILE L. CONNER, 0000 DIANA C. HAGLE, 0000 LARRY G. LANGHOFF, 0000 MANUEL CONSTANTINE, 0000 CHARLES W. HAIR, 0000 GEOFFREY S. LANNING, 0000 WILLIAM R. COOK, 0000 RONALD J. HAIRSTON, 0000 ROLAND M. LAPOINTE, 0000 LARRY D. COPELIN, 0000 DAVID A. HALL, 0000 THOMAS E. LASSER, 0000 ALBERT J. COPPOLA, 0000 KENNETH E. HALL, 0000 RONALD C. LASSITER, 0000 BILLY J. COSSON, 0000 EDWARD J. HAMILTON, 0000 RUSSELL M. LATHEROW, 0000 BRUCE W. COTTERMAN, 0000 KENNETH J. HANKO, 0000 DANIEL W. LAWRENCE, 0000 TERRY R. COUNCIL, 0000 DEAN R. HANSON, 0000 JOHN E. LEATHERMAN, 0000 ROBERT S. COUTCHIE, 0000 GARY M. HARA, 0000 CLYDE M. LEAVELLE, 0000 DON E. COWART, 0000 BRUCE P. HARGREAVES, 0000 JOHN C. LEVASSEUR, 0000 JAMES D. CRAWFORD, 0000 LEROY HARRIS, 0000 DEAN A. LEVAY, 0000 JAMES M. CREIGHTON, 0000 NOEL K. HARRIS, 0000 GEORGE LEYH, JR., 0000 CHARLES H. CRISS, 0000 ROGENA G. HARRIS, 0000 KENNETH LIESCHEIDT, 0000 JAMES C. CROWDER, 0000 BRINTON K. HARRISON, 0000 EDDIE W. LILES, 0000 ALAN R. CUNNINGHAM, 0000 JAMES H. HARRISON, 0000 VERNON C. LINDGREN, 0000 PAUL D. CUSHMAN 0000 DONALD J. HASSIN, 0000 RONALD G. LINN, 0000 STEPHEN C. DABADIE 0000 JOHNATHAN S. HAUB, 0000 SHELBY K. LITTLE, 0000 JOSEPH S. DANIEL, 0000 JAMES HAUENSCHILD, 0000 MICHAEL W. LOBDELL, 0000 BYRON W. DANIELS, 0000 JOHN G. HAUG, 0000 RONALD L. LOGSDON, 0000 JAMES M. DAVIS, 0000 PAUL HAVEY, 0000 JAMES R. LONG, 0000 S.P. DAVIS, 0000 RICHARD M. HELGESON, 0000 ROBERT W. LOWRY, 0000 RICHARD C. DAWSON, 0000 RALPH B. HEMPHILL, 0000 MARTIN J. LUCENTI, 0000 WILLIAM H. DEANE, 0000 LEONARD HENDERSON, 0000 BRIAN M. LUDERA, 0000 MAUREEN DECIANTIS, 0000 GEORGE B. HENDRICKS, 0000 LEONARD LUZKY, 0000 JUDITH L. DELANEY, 0000 ROBERT S. HEPPE, 0000 VERNON J. MACDONALD, 0000 RICHARD B. DELGADO, 0000 ADRIA A. HERNANDEZ, 0000 TIMOTHY V. MAHAR, 0000 MICHAEL DEMARTINO, 0000 PATRICK R. HERON, 0000 ANTHONY J. MAJEWSKI, 0000 KENNETH J. DENSMORE, 0000 WILLIAM F. HERRBACH, 0000 GREGG H. MALICKI, 0000 MICHAEL J. DIAMOND, 0000 GARY L. HERRINGTON, 0000 ROBERT D. MALLAMS, 0000 DENNIS A. DIETZ, 0000 JOHN B. HERSHMAN, 0000 MICHAEL E. MALONE, 0000 RANDY J. DILLON, 0000 JAMES F. HESSE, 0000 GARY A. MANKER, 0000 DWIGHT L. DINKLA, 0000 DANNY H. HICKMAN, 0000 RANDY E. MANNER, 0000 ARRINGTON DIXON, 0000 ROY L. HIGGINS, 0000 JOHN A. MANTOOTH, 0000 CARMAN R. DIXON, 0000 WAYNE F. HILL, 0000 MARION D. MARSH, 0000

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GEORGE K. MARTIN, 0000 ANDREW RICHARDSON, 0000 LEWIS E. VEAL, 0000 JOHN T. MARTIN, 0000 HENRY B. RICHARDSON, 0000 ARTHUR H. VERBURG, 0000 RAYMOND C. MASON, 0000 CHARLES T. ROBBS, 0000 EDWARD L. VEZEY, 0000 DANA C. MATHER, 0000 JON H. ROBINETT, 0000 STEPHEN VILLACORTA, 0000 RICHARD J. MCCALLUM, 0000 PETER G. ROBINSON, 0000 FREDERICK C. VOIGT, 0000 WILLIAM MCCLOSKEY, 0000 TERRY L. ROBINSON, 0000 DAVID C. VOLLRATH, 0000 KENNETH A. MCCLUNG, 0000 DAVID ROCKEFELLER, 0000 JEFFREY A. WAITE, 0000 WILLIAM L. MCCOY, 0000 VICTOR L. RODRIGUEZ, 0000 RICHARD M. WALFORD, 0000 GEORGE W. MCCULLEY, 0000 DAVID B. ROGERS, 0000 KENNETH WALKINGTON, 0000 JOE D. MCDOWELL, 0000 GARY J. ROHEN, 0000 GEORGE M. WALLER, 0000 PATRICK F. MCGOVERN, 0000 JOHN W. ROLLYSON, 0000 WILLIAM L. WALLER, 0000 JEFFREY L. MCGOWAN, 0000 JOHN D. ROPER, 0000 ANN T. WALSH, 0000 JAMES P. MCILLWAIN, 0000 CHARLES ROSENBLUM, 0000 ELYSE G. WANDER, 0000 RICHARD J. MCKENNA, 0000 CHARLES A. ROSS, 0000 ROBERT B. WANGEN, 0000 DAVID W. MCLAUGHLIN, 0000 ROBERT O. ROSS, 0000 ROGER L. WARD, 0000 JAMES E. MCMANUS, 0000 KIRK W. RUBIDA, 0000 STEVEN S. WARD, 0000 WENDALL W. MCMILLAN, 0000 MICHAEL J. RUSSO, 0000 DOUGLAS C. WARNECKE, 0000 STEVEN C. MCNABB, 0000 MICHAEL W. RYAN, 0000 BILLY A. WATKINS, 0000 JOHN F. MCNEILL, 0000 RANDALL T. SABINE, 0000 ROBERT K. WATTS, 0000 ROBERT J. MEHRING, 0000 LARRY G. SAGE, 0000 ALLISON L. WEAVER, 0000 PETER D. MENK, 0000 ROBERT A. SALVIANO, 0000 JIM P. WEEMS, 0000 CHARLES L. MERCIER, 0000 JAMES A. SANSONE, 0000 WILLIAM H. WEIR, 0000 DANIEL MERRYFIELD, 0000 ELI SANTANANAZARIO, 0000 FRANCIS E. WEISS, 0000 JOHN A. MESKILL, JR., 0000 RANDALL E. SAYRE, 0000 JAMES P. WELCH, 0000 MARVIN G. METCALF, 0000 GARY K. SCHALL, 0000 GEORGE W. WELLS, 0000 BERRI K. MEYERS, 0000 JOHN F. SCHARFELD, 0000 MICHAEL P. WELSH, 0000 JAMES MEZA, JR., 0000 STEVEN SCHEUMANN, 0000 EDWARD W. WHITAKER, 0000 GREGORY B. MILLER, 0000 JAMES A. SCHILLER, 0000 ROZANN S. WHITE, 0000 ROBERT M. MILLER, 0000 REX C. SCHOTT, 0000 STEPHEN G. WHITLEY, 0000 WILLIAM J. MILLER, 0000 RICHARD SCHROEDER, 0000 BERT J. WHITTINGTON, 0000 RANDAL M. MILLING, 0000 ROBERT W. SCHULKINS, 0000 ALBERT J. WILLIAMS, 0000 DENNIS K. MINER, 0000 ROBERT W. SCHUPP, 0000 DWIGHT S. WILLIAMS, 0000 JAMES A. MINOR, JR., 0000 JOHN T. SCHWENNER, 0000 NORMAN K. WILLIAMS, 0000 ROBERT D. MINTON, JR., 0000 GARTH T. SCISM, 0000 RANDALL F. WILLIAMS, 0000 CREIG W. MITCHELL, 0000 MICHAEL SEBASTIAN, 0000 VERN T. MIYAGI, 0000 WALTER R. SEIFRIED, 0000 JOE D. WILLINGHAM, 0000 TERRILL K. MOFFETT, 0000 JAMES O. SELF, 0000 MITCHEL WILLOUGHBY, 0000 MICHAEL J. MORRISON, 0000 ADRIAN J. SERAFINI, 0000 ADDISON G. WILSON, 0000 CHARLES H. MORROW, 0000 DAVID E. SERVINSKY, 0000 JAMES L. WILSON, 0000 ROBERT P. MORROW, 0000 RONALD J. SEVIGNY, 0000 MICHAEL E. WILSON, 0000 DAVID P. MURPHY, 0000 JAMES P. SEWELL, 0000 ULYSSES R. WINN, 0000 JOSEPH F. NASH, 0000 JIM H. SHERMAN III, 0000 DENNIS WOOD, 0000 RONALD J. NASH, 0000 TOM L. SHIRLEY, 0000 ROBERT H. WRIGHT, 0000 WILLIAM R. NASH, 0000 CRAIG V. SHUEY, 0000 JAMES T. YARBROUGH, 0000 JOSEPH F. NEDER, 0000 THEODORE G. SHUEY, 0000 JEFFREY L. YEAW, 0000 MURRAY A. NEEPER, 0000 JOHN G. SIGMAN, 0000 MERREL W. YOCUM, 0000 EDWARD J. NEIL, 0000 ALISON L. SIMMONS, 0000 JAMES H. YOUNGQUIST, 0000 DANNY L. NELSON, 0000 JOSEPH N. SIMONIN, 0000 GORDON J. YUSKA, 0000 DAVID E. NELSON, 0000 JAMES L. SIMPSON, 0000 MARK E. ZANIN, 0000 CHARLES H. NEWELL, 0000 KENNETH SIMURDIAK, 0000 MICHAEL A. ZAVOSKY, 0000 JOHN D. NEWLOVE, JR., 0000 THOMAS L. SINCLAIR, 0000 EMIL C. ZIMMERMAN, 0000 JOEL B. NEWTON, 0000 RONNIE G. SKETO, 0000 JOHN E. ZUPKO, 0000 CRAIG NIEDERPRUEM, 0000 PAUL W. SKINNER, 0000 f JAMES W. NUTTALL, 0000 SHALON N. SLEDGE, 0000 DENNIS J. O BRIEN, 0000 CARLTON D. SLETTEN, 0000 CONFIRMATIONS TIMOTHY F. O BRIEN, 0000 WILLIAM A. SLOTTER, 0000 CHARLES M. O CONNOR, 0000 ROBERT H. SMILEY, 0000 Executive Nominations Confirmed by DOUGLAS M. O COYNE, 0000 BRIAN J. SMITH, 0000 KEVIN J. ODEA, 0000 DAVID N. SMITH, 0000 the Senate January 30, 1997: HERSHELL ODONNELL, 0000 PAUL S. SMITH, 0000 CONGRESS OF THE UNITED STATES RANCEFORD OKADA, 0000 RICHARD A. SMITH, 0000 ANTHONY G. OLENCZUK, 0000 ARTHUR J. SOSA, 0000 ALAN M. HANTMAN, OF NEW JERSEY, TO BE ARCHITECT REED C. OLSON, 0000 KENNETH R. SOUTH, 0000 OF THE CAPITOL FOR THE TERM OF 10 YEARS. JOHN R. ORESKOVICH, 0000 GENE D. SPARKS, 0000 DEPARTMENT OF COMMERCE WILLIAM N. OROSZ, 0000 SAMUEL R. SPARKS, 0000 NICHOLAS OSTAPENKO, 0000 PHILLIP R. SPEAKE, 0000 WILLIAM M. DALEY, OF ILLINOIS, TO BE SECRETARY MICHAEL B. PACE, 0000 JOHN E. SPEARMAN, 0000 OF COMMERCE. DALE L. PAINTER, 0000 JAMES K. SPRINGER, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT GARY A. PAPPAS, 0000 KARL R. SPRINGER, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DOMINIC A. PARIS, 0000 DAVI SPRYNCZYNATYK, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY JAMES R. PARKER, 0000 JOHN J. STANKIEWICZ, 0000 CONSTITUTED COMMITTEE OF THE SENATE. JAMES S. PARKER, 0000 KENNETH L. STARR, 0000 JOHN C. PARSONS, 0000 JOHN B. STAVOVY JR., 0000 IN THE AIR FORCE STEVEN D. PATRICK, 0000 FRANK J. STECH, 0000 CLAUDE W. PATTERSON, 0000 RICHARD D. STEPHENS, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT LARRY N. PATTERSON, 0000 JAMES M. STEWART, 0000 TO THE GRADE OF GENERAL IN THE U.S. AIR FORCE DAVID J. PAYNE, 0000 CHARLES R. STONE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN M. PEARSON, 0000 THOMAS C. STREDWICK, 0000 RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, JOHN E. PENDERGRASS, 0000 JACK C. STULTZ, 0000 SECTION 601: JOHN J. PERRONE 0000 PAUL J. STURM, 0000 To be general PAUL C. PETERSEN, 0000 GERRY L. SUCHANEK, 0000 WILLIAM M. PETULLO, 0000 RICHARD C. TARICSKA, 0000 LT. GEN. LLOYD W. NEWTON, 0000. HARRY J. PHILIPS, 0000 DANIEL J. TAYLOR, 0000 FREDRICK L. PICCO, 0000 ROBERT S. TEMPLETON, 0000 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN JOHN PIENKOWSKI, 0000 LAVOY M. THIESSEN, 0000 THE REGULAR AIR FORCE OF THE UNITED STATES TO LEROY N. PIERCE, 0000 FENTON THOMAS, 0000 THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION LARRY G. PIERSON, 0000 BENJAMIN THOMPSON, 0000 624: MARVIN W. PIERSON, 0000 JOHN S. THOMPSON, 0000 To be major general DOMINIC E. PILERI, 0000 REX E. THOMPSON, 0000 WILLIAM B. PITTMAN, 0000 THOMAS S. THORPE, 0000 BRIG. GEN. MAXWELL C. BAILEY, 0000. NORMAN L. PIWONKA, 0000 THOMAS D. THURY, 0000 BRIG. GEN. WILLIAM J. DENDINGER, 0000. ROBERT A. POLLMANN, 0000 GARY L. TIDWELL, 0000 BRIG. GEN. DENNIS G. HAINES, 0000. GARY S. POPPLETON, 0000 ROBIN C. TIMMONS, 0000 BRIG. GEN. CHARLES R. HENDERSON, 0000. STEPHEN P. POULOS, 0000 RICHARD A. TINDELL, 0000 BRIG. GEN. CHARLES R. HOLLAND, 0000. MELVIN E. PRICE, 0000 JERRY W. TIPPS, 0000 BRIG. GEN. SILAS R. JOHNSON, JR., 0000. MICHAEL L. PRICE, 0000 GERALD R. TIPTON, 0000 BRIG. GEN. THOMAS J. KECK, 0000. UWE K. PRUSS, 0000 JOHN P. TOBEY, 0000 BRIG. GEN. RODNEY P. KELLY, 0000. ROBERT A. QUALLS, 0000 ELROY K. TOMANEK, 0000 BRIG. GEN. RONALD E. KEYS, 0000. GARY A. QUICK, 0000 ROBERT S. TOMASOVIC, 0000 BRIG. GEN. DAVID R. LOVE, 0000. WILLIAM R. RADFORD, 0000 WILSON TORRES, 0000 BRIG. GEN. EARL W. MABRY II, 0000. DAVID W. RAES, 0000 PETER V. TRAIN, 0000 BRIG. GEN. RICHARD C. MARR, 0000. RONALD B. RAGLAND, 0000 ROBERT G. TREGASKIS, 0000 BRIG. GEN. WILLIAM F. MOORE, 0000. THOMAS R. RAGLAND, 0000 CLARENCE TRIPLETTE, 0000 BRIG. GEN. THOMAS H. NEARY, 0000. JO A. RALYEA, 0000 THOMAS M. TRITSCH, 0000 BRIG. GEN. SUSAN L. PAMERLEAU, 0000. WILLIAM B. RANEY, 0000 HALL C. TRUNDLE, 0000 BRIG. GEN. ANDREW J. PELAK, JR., 0000. RODNEY L. RAWLINGS, 0000 GERALD G. TUCKER, 0000 BRIG. GEN. GERALD F. PERRYMAN, JR., 0000. NANCY M. RAY, 0000 THOMAS G. TUCKER, 0000 BRIG. GEN. ROGER R. RADCLIFF, 0000. JOHN J. REECE, 0000 VAN N. TURNER, JR., 0000 BRIG. GEN. RICHARD H. ROELLIG, 0000. ROBERT E. REED, 0000 PATRICK J. TUSTAIN, 0000 BRIG. GEN. LANSFORD E. TRAPP, JR., 0000. JOHNNY H. REEDER, 0000 DANIEL D. TUTTLE, 0000 BRIG. GEN. THOMAS C. WASKOW, 0000. STEWART A. REEVE, 0000 LEW G. TYREE, 0000 BRIG. GEN. CHARLES J. WAX, 0000. JOSEPH D. REI, 0000 CLIFFORD UNDERWOOD, 0000 BRIG. GEN. JOHN L. WOODWARD, JR., 0000. ARNOLD RETHEMEIER, 0000 MATTHEW L. VADNAL, 0000 BRIG. GEN. MICHAEL K. WYRICK, 0000. ROSENDO C. REYES, 0000 THOMAS VANDERPOOL, 0000 IN THE ARMY JAMES R. RHODES, 0000 ROBERT W. VANMETER, 0000 RICHARD A. RHODES, 0000 JERRY A. VAUGHN, 0000 THE FOLLOWING-NAMED ARMY COMPETITIVE CAT- STEVEN B. RICH, 0000 EZEQUIEL VAZQUEZ, 0000 EGORY OFFICER FOR PROMOTION IN THE REGULAR

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0637 Sfmt 9801 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 30, 1997 CONGRESSIONAL RECORD — SENATE S917 ARMY OF THE UNITED STATES TO THE GRADE OF MAJOR ate and appeared in the Congressional Coast Guard nominations beginning Joseph GENERAL UNDER THE PROVISIONS OF TITLE 10, UNITED STATES CODE, SECTIONS 611(A) AND 624(C): Record on January 7, 1997. F. Ahern, and ending Catherine M. Kelly, Army nominations beginning John E. which nominations were received by the Sen- To be major general Rueth, and ending Douglas R. Yates, which ate and appeared in the Congressional BRIG. GEN. LARRY G. SMITH, 0000. nominations was received by the Senate and Record on January 7, 1997. THE FOLLOWING-NAMED ARMY COMPETITIVE CAT- appeared in the Congressional Record on Coast Guard nominations beginning Roy F. EGORY OFFICER FOR PROMOTION IN THE REGULAR January 7, 1997. Williams, and ending Joseph P. Cain, which ARMY OF THE UNITED STATES TO THE GRADE OF BRIGA- Army nomination of Phillip J. Todd, which DIER GENERAL UNDER THE PROVISIONS OF TITLE 10, nominations were received by the Senate and UNITED STATES CODE, SECTIONS 611(A) AND 624(C): was received by the Senate and appeared in appeared in the Congressional Record on the Congressional Record on January 7, 1997. January 7, 1997. To be brigadier general Army nomination of Emmanuel M. Coast Guard nominations beginning COL. MITCHELL M. ZAIS, 0000. Chiaparas, which was received by the Senate George A. Russell, Jr., and ending Elmo L. IN THE MARINE CORPS and appeared in the Congressional Record on Alexander II, which nominations were re- January 7, 1997. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ceived by the Senate and appeared in the IN THE U.S. MARINE CORPS TO THE GRADE INDICATED Army nominations beginning *Benje H. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Boedeker, and ending Martha K. Lenhart, Congressional Record on January 7, 1997. RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, which nominations were received by the Sen- Coast Guard nominations beginning Brian SECTION 601: ate and appeared in the Congressional C. Conroy, and ending Karen E. Lloyd, which To be lieutenant general Record on January 7, 1997. nominations were received by the Senate and LT. GEN. JAMES L. JONES, 0000. Army nomination of *Rupert H. Peete, appeared in the Congressional Record on January 7, 1997. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT which was received by the Senate and ap- IN THE U.S. MARINE CORPS TO THE GRADE INDICATED peared in the Congressional Record on Janu- IN THE MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ary 7, 1997. RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, Army nominations beginning 4673X, and Marine Corps nomination of James W. SECTION 601: ending *Scott A. Svabek, which nominations Brown, which was received by the Senate To be lieutenant general were received by the Senate and appeared in and appeared in the Congressional Record on MAJ. GEN. MARTIN R. STEELE, 0000 the Congressional Record on January 7, 1997. January 7, 1997. IN THE AIR FORCE Army nominations beginning Mark S. Ack- Marine Corps nomination of Chris J. Gun- erman, and ending Donna L. Wilkins, which ther, which was received by the Senate and Air Force nominations beginning Samuel nominations were received by the Senate and appeared in the Congressional Record on R. Bakalian, Jr., and ending Jerry A. Weihe, appeared in the Congressional Record on January 7, 1997. which nominations were received by the Sen- January 7, 1997. Marine Corps nomination of Douglas S. ate and appeared in the Congressional Kurth, which was received by the Senate and Record on January 7, 1997. IN THE COAST GUARD Coast Guard nomination of Laura H. Guth, appeared in the Congressional Record on IN THE ARMY which was received by the Senate and ap- January 7, 1997. Army nominations beginning Robert J. peared in the Congressional Record on Janu- Marine Corps nominations beginning Ran- Metz, and ending Kathleen W. Carr, which ary 7, 1997. dall N. Miller, and ending Gary W. Schenkel, nominations were received by the Senate and Coast Guard nominations beginning Robert which nominations were received by the Sen- appeared in the Congressional Record on R. Albright II, and ending James R. Dire, ate and appeared in the Congressional January 7, 1997. which nominations were received by the Sen- Record on January 7, 1997. Army nominations beginning Owen H. ate and appeared in the Congressional IN THE NAVY Black, and ending Dale N. Woodling, which Record on January 7, 1997. nominations were received by the Senate and Coast Guard nominations beginning Navy nominations beginning Gary D. appeared in the Congressional Record on Francis C. Buckley, and ending Allen K. Bumgarner, and ending Reynoldo Resendez, January 7, 1977. Harker, which nominations were received by which nominations were received by the Sen- Army nomination of Randel D. Matney, the Senate and appeared in the Congres- ate and appeared in the Congressional which nomination was received by the Sen- sional Record on January 7, 1997. Record on January 7, 1997. ate and appeared in the Congressional Coast Guard nominations beginning Ron- Navy nominations beginning Marcial B. Record on January 7, 1997. ald G. Dodd, and ending Michael E. Thomp- Dumlao, and ending Rebecca L. Kirk, which Army nominations beginning *Ronald P. son, which nominations were received by the nominations were received by the Senate and Turnicky, and ending Matthew W. Raymond, Senate and appeared in the Congressional appeared in the Congressional Record on which nominations was received by the Sen- Record on January 7, 1997. January 7, 1997.

VerDate Mar 15 2010 22:30 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0637 Sfmt 0634 E:\1997SENATE\S30JA7.REC S30JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY Thursday, January 30, 1997 Daily Digest

HIGHLIGHTS Senate confirmed William Haley to be Secretary of Commerce. Senate Alan M. Hantman, of New Jersey, to be Architect Chamber Action of the Capitol for the term of ten years. Routine Proceedings, pages S823–S917 25 Air Force nominations in the rank of general. Measures Introduced: Twenty bills and six resolu- 2 Army nominations in the rank of general. tions were introduced, as follows: S. 235–254, and 2 Marine Corps nominations in the rank of gen- S. Res. 36–41. Pages S855±56 eral. Measures Reported: Reports were made as follows: Routine lists in the Air Force, Army, Coast S. Res. 37, authorizing expenditures by the Com- Guard, Marine Corps, Navy. Pages S909±12 mittee on Foreign Relations. Nominations Received: Senate received the follow- S. Res. 38, authorizing expenditures by the Com- ing nominations: mittee on Armed Services. Richard J. Tarplin, of New York, to be an Assist- S. Res. 39, authorizing expenditures by the Com- ant Secretary of Health and Human Services. mittee on Governmental Affairs. Stanley A. Riveles, of Virginia, for the rank of S. Res. 40, authorizing expenditures by the Com- Ambassador during his tenure of service as U.S. mittee on Small Business. Commissioner to the Standing Consultative Commis- S. Res. 41, authorizing expenditures by the Spe- sion. cial Committee on Aging. Page S852 George W. Black, Jr., of Georgia, to be a Member Measures Passed: of the National Transportation Safety Board for a term expiring December 31, 2001. Congratulating Senate Employees: Senate agreed Ann Jorgenson, of Iowa, to be a Member of the to S. Res. 36, relative to the retirements of Arthur Farm Credit Administration Board, Farm Credit Ad- Curran, Donn Larson and Richard Gibbons. ministration for a term expiring May 21, 2002. Pages S907±08 Routine lists in the Army and Public Health Membership on Joint Committee on Printing/Li- Service. Pages S912±17 brary of Congress: Senate agreed to S. Res. 31, pro- Petitions: Page S852 viding for members on the part of the Senate of the Joint Committee on Printing and the Joint Commit- Executive Reports of Committees: Pages S852±55 tee of Congress on the Library. Page S909 Statements on Introduced Bills: Pages S856±98 Printing Authority: Senate agreed to S. Res. 32, Additional Cosponsors: Pages S898±99 to authorize the printing of a collection of the rules Notices of Hearings: Page S901 of the committees of the Senate. Page S909 Authority for Committees: Pages S901±02 Authority for Committees: All committees were authorized to file executive and legislative reports Additional Statements: Pages S902±07 during the adjournment of the Senate on Monday, Record Votes: One record vote was taken today. February 3, 1997, from 12 noon to 7 p.m. Page S912 (Total–4) Page S829 Nominations Confirmed: Senate confirmed the fol- Adjournment: Senate convened at 9:30 a.m. and lowing nominations: adjourned at 5:28 p.m., until 9:30 a.m., on Monday, By 95 yeas to 2 nays (Vote No. 4 EX), William February 3, 1997. (For Senate’s program, see the re- M. Daley, of Illinois, to be Secretary of Commerce. marks of the Majority Leader in today’s Record on Pages S823±29 page S912.) D61 D62 CONGRESSIONAL RECORD — DAILY DIGEST January 30, 1997 Committee Meetings NOMINATION/ECONOMIC OUTLOOK Committee on Finance: Committee ordered favorably (Committees not listed did not meet) reported the nomination of Charlene Barshefsky, of the District of Columbia, to be United States Trade NOMINATIONS/ORGANIZATIONAL Representative, with the rank of Ambassador. MEETING Also, committee held hearings to examine the fis- Committee on Armed Services: Committee ordered favor- cal health of the nation and the welfare of the Amer- ably reported the following business items: ican population, focusing on the accuracy of the An original resolution (S. Res. 38) requesting consumer price index, receiving testimony from Alan $2,704,397 for operating expenses for the period Greenspan, Chairman, Board of Governors of the from March 1, 1997 through February 28, 1998, Federal Reserve System. and $2,776,389 for operating expenses for the period Hearings were recessed subject to call. from March 1, 1998 through February 28, 1999; NOMINATIONS/ORGANIZATIONAL and MEETING 591 military nominations in the Army, Navy, Marine Corps, and Air Force. Committee on Foreign Relations: Committee ordered fa- Also, committee adopted its rules of procedure for vorably reported the following business items: the 105th Congress, and announced the following The nominations of Dennis K. Hays, of Florida, subcommittee assignments: to be Ambassador to the Republic of Suriname, Subcommittee on Acquisition and Technology: Senators Genta Hawkins Holmes, of California, to be Ambas- Santorum (Chairman), Bob Smith, Snowe, Roberts, sador to Australia, Arma Jane Karaer, of Virginia, to Lieberman, Kennedy, and Bingaman. be Ambassador to Papua New Guinea, and to serve Subcommittee on Airland Forces: Senators Coats concurrently and without additional compensation as (Chairman), Warner, Kempthorne, Inhofe, Santorum, Ambassador to the Solomon Islands, and as Ambas- Roberts, Glenn, Bingaman, Byrd, Lieberman, and sador to the Republic of Vanuatu, Madeleine May Cleland. Kunin, of Vermont, to serve concurrently and with- Subcommittee on Personnel: Senators Kempthorne out additional compensation as Ambassador to the (Chairman), McCain, Coats, Snowe, Cleland, Ken- Principality of Liechtenstein, John Francis Maisto, of nedy, and Robb. Pennsylvania, to be Ambassador to the Republic of Subcommittee on Readiness: Senators Inhofe (Chair- Venezuela, Anne W. Patterson, of Virginia, to be man), McCain, Coats, Roberts, Robb, Glenn, and Ambassador to the Republic of El Salvador, John Cleland. Stern Wolf, of Maryland, for the rank of Ambassador Subcommittee on Seapower: Senators Warner (Chair- during his tenure of service as United States Coordi- man), McCain, Bob Smith, Santorum, Snowe, Ken- nator for Asia Pacific Economic Cooperation, Mad- nedy, Byrd, Robb, and Lieberman. eleine K. Albright, of the District of Columbia, and Subcommittee on Strategic Forces: Senators Bob Smith Edward W. Gnehm, Jr., of Georgia, both to be U.S. (Chairman), Warner, Kempthorne, Inhofe, Binga- Representatives to the 51st Session of the United man, Glenn, and Byrd. Nations General Assembly, Karl F. Inderfurth, of North Carolina, and Victor Marrero, of New York, CONSUMER PRICE INDEX both to be Alternate U.S. Representatives to the Committee on the Budget: Committee concluded hear- 51st Session of the United Nations General Assem- ings to examine the findings and recommendations bly, and 3 Foreign Service Officer Promotion lists re- of the Advisory Commission to Study the Consumer ceived in the Senate on January 21, 1997 and a For- Price Index with regard to a more accurate measure eign Service Officer Promotion list received in the of the cost of living, after receiving testimony from Senate on January 28, 1997; and Katharine G. Abraham, Commissioner, Bureau of An original resolution (S. Res. 37) requesting Labor Statistics, Department of Labor; and Michael $2,710,573 for operating expenses for the period J. Boskin, Stanford University, Stanford, California. from March 1, 1997 through February 28, 1998, and $2,782,749 for operating expenses for the period NOMINATION from March 1, 1998 through February 28, 1999. Committee on Energy and Natural Resources: Committee Also, committee adopted its rules of procedure for concluded hearings on the nomination of Federico the 105th Congress. Pen˜a, of Colorado, to be Secretary of Energy, after the nominee, who was introduced by Senator Camp- COMMITTEE BUDGET bell and Representative Skaggs, testified and an- Committee on Governmental Affairs: Committee ordered swered questions in his own behalf. favorably reported an original resolution (S. Res. 39) January 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D63 requesting $11,050,721 for operating expenses for Subcommittee on Youth Violence: Senators Sessions the period from March 1, 1997 through February (Chairman), Thompson, DeWine, Ashcroft, Grassley, 28, 1998, and $4,653,386 for operating expenses for Biden, Torricelli, Kohl, and Feinstein. the period from March 1, 1998 through February 28, 1999. FEC AUTHORIZATION/CAMPAIGN BALANCED BUDGET AMENDMENT/ FINANCE REFORM SUBCOMMITTEE MEMBERSHIP Committee on Rules and Administration: Committee Committee on the Judiciary: Committee ordered favor- held hearings on proposed legislation authorizing ably reported S.J. Res. 1, proposing an amendment funds for fiscal year 1998 for the Federal Election to the Constitution of the United States to require Commission and on campaign finance reform propos- a balanced budget. als, receiving testimony from John Warren McGarry, Also, committee announced the following sub- Chairman, and Joan D. Aikens and Scott Thomas, committee assignments: both Commissioners, all of the Federal Election Subcommittee on Administrative Oversight and the Commission; James Bopp, Jr., Bopp, Coleson, and Courts: Senators Grassley (Chairman), Thurmond, Bostrom, Terre Haute, Indiana; and Becky Cain, Sessions, Kyl, Durbin, Feingold, and Kohl. League of Women Voters of the United States, Lisa Subcommittee on Technology, Terrorism and Government Rosenberg, Center for Responsive Politics, and Brent Information: Senators Kyl (Chairman), Hatch, Specter, Thompson, Fair Government Foundation, all of Thompson, Feinstein, Biden, and Durbin. Washington, D.C. Subcommittee on Antitrust, Business Rights, and Com- Hearings were recessed subject to call. petition: Senators DeWine (Chairman), Hatch, Thur- mond, Specter, Kohl, Torricelli, and Leahy. COMMITTEE BUDGET Subcommittee on Constitution, Federalism, and Property Rights: Senators Ashcroft (Chairman), Hatch, Abra- Committee on Indian Affairs: Committee ordered favor- ham, Thurmond, Thompson, Feingold, Kennedy, ably reported an original resolution requesting and Torricelli. $1,143,036 for operating expenses for the period Subcommittee on Immigration: Senators Abraham from March 1, 1997 through February 28, 1998, (Chairman), Grassley, Kyl, Specter, Kennedy, Fein- and $1,143,036 for operating expenses for the period stein, and Durbin. from March 1, 1998 through February 28, 1999. h House of Representatives Chamber Action House Committee on International Relations, hearing on Country The House was not in session today. The House Reports on Human Rights Practices for 1996, 11:15 will next meet on Tuesday, February 4, 1997. a.m., 2172 Rayburn. f Committee Meetings CONGRESSIONAL PROGRAM AHEAD No Committee meetings were held. Week of February 3 through 8, 1997 f Senate Chamber COMMITTEE MEETINGS FOR FRIDAY, On Monday, Senate will meet for a pro forma ses- JANUARY 31, 1997 sion. (Committee meetings are open unless otherwise indicated) On Tuesday, Senate will meet in joint session with the House of Representatives to receive the Presi- Senate dent’s State of the Union message. Committee on Environment and Public Works, to hold hear- On Wednesday, Senate expects to begin consider- ings on the nomination of Rodney E. Slater, of Arkansas, ation of S.J. Res. 1, Balanced Budget Constitutional to be Secretary of Transportation, 9:30 a.m., SD–406. Amendment. D64 CONGRESSIONAL RECORD — DAILY DIGEST January 30, 1997 During the week, Senate may also consider any Committee on Small Business: February 6, to hold hear- legislative or executive items cleared for consider- ings to examine women-owned and home-based busi- ation. nesses, 9:30 a.m., SR–428A. Select Committee on Intelligence: February 5 and 6, to hold (Senate will recess on Tuesday, February 4, 1997, from hearings on intelligence matters, Wednesday at 10 a.m. 12:30 p.m. until 2:15 p.m., for respective party con- in SH–216 and Thursday at 2:30 p.m. in SH–219. ferences.) House Committees Senate Committees Committee on Agriculture, February 6, to hold an organi- (Committee meetings are open unless otherwise indicated) zational meeting, 10:30 a.m., 1300 Longworth. Committee on Armed Services: February 4, to hold hear- Committee on Appropriations, February 4, Subcommittee ings to examine the Army sexual harassment incidents at on Legislative, on U.S. House of Representatives, 1:30 Aberdeen Proving Ground and sexual harassment policies p.m., H–144 Capitol. within the Department of Defense, 10 a.m., SH–216. February 6, Subcommittee on Legislative, on Joint February 5, Full Committee, to hold hearings on the Committee on Taxation; on CBO; on U.S. Capitol Police; nomination of Federico Pen˜a, of Colorado, to be Secretary and on the Office of Compliance, 9:30 a.m., H–144 Cap- of Energy, 2 p.m., SR–222. itol. February 6, Full Committee, to hold open and closed Committee on Banking and Financial Services, February 5, hearings on the worldwide threat facing the United to hold an organizational meeting, 10 a.m., 2128 Ray- States, 10 a.m., SR–222. burn. Committee on Banking, Housing, and Urban Affairs: Feb- Committee on the Budget, February 4, to hold an organi- ruary 5, to hold hearings on the nomination of Janet L. zational meeting, 4 p.m., 210 Cannon. Yellen, of California, to be a Member of the Council of February 5, hearing on ‘‘Why the Balanced Budget Economic Advisers, 10 a.m., SD–538. Amendment is Good for Americans,’’ 10 a.m., 210 Can- Committee on the Budget: February 5, to hold hearings to non. examine education reform and economic growth, 10 a.m., Committee on Commerce, February 5, Subcommittee on SD–608. Telecommunications, Trade, and Consumer Protection, February 7, Full Committee, to hold hearings on the hearing on ‘‘Cellular Privacy: Is Anyone Listening? You President’s proposed budget for fiscal year 1998, 10 a.m., Betcha!’’ 9:30 a.m., 2123 Rayburn. SD–608. February 6, Subcommittee on Oversight and Investiga- Committee on Energy and Natural Resources: February 5, tions, hearing on FDA Policy on Home Drug Testing to hold hearings on S. 104, to amend the Nuclear Waste Kits, 9:30 a.m., 2123 Rayburn. Policy Act of 1982, 9:30 a.m., SD–366. Committee on Education and the Workforce, February 4 and February 6, Full Committee, to hold hearings on S. 6, hearings on H.R. 5, to amend the Individuals with 210, to amend the Organic Act of Guam, the Revised Disabilities Education Act, to reauthorize and make im- Organic Act of the Virgin Islands, and the Compact of provements to that act, 10 a.m., 2175 Rayburn. Free Association Act, 9:30 a.m., SD–366. February 5, Subcommittee on Workforce Protections, Committee on Environment and Public Works: February 5, hearing on H.R. 1, Working Families Flexibility Act of Subcommittee on Clean Air, Wetlands, Private Property, 1997, 10 a.m., 2175 Rayburn. and Nuclear Safety, to hold hearings on ozone particulate Committee on Government Reform and Oversight, February matter standards proposed by the Environmental Protec- 5, to hold an organizational meeting, 11 a.m., 2154 Ray- tion Agency, 9:30 a.m., SD–406. burn. Committee on Finance: February 4, to hold hearings to Committee on International Relations, February 5, to hold examine the current system of the Airport and Airway an organizational meeting, 3 p.m., 2172 Rayburn. Trust Fund Taxes, including the 10 percent ticket tax, Committee on the Judiciary, February 3, hearing regarding and proposals to restructure this system, 10 a.m., proposed Balanced Budget Constitutional Amendments, SD–215. 10 a.m., 2141 Rayburn. Committee on the Judiciary: February 5, Subcommittee on February 4, to mark up H.J. Res. 2, proposing an Administrative Oversight and the Courts, to hold hear- amendment to the Constitution of the United States with ings on conserving judicial resources, focusing on the respect to the number of terms of office of Members of consideration of appropriate allocation of judgeships in the Senate and the House of Representatives, 9:30 a.m., the United States Court of Appeals for the Fourth Cir- 2141 Rayburn. cuit, 2 p.m., SD–226. February 5, to mark up H.J. Res. 1, proposing an Committee on Labor and Human Resources: February 4, amendment to the Constitution to provide for a balanced Subcommittee on Employment and Training, to hold budget for the U.S. Government and for greater account- oversight hearings on the implementation of the Fair ability in the enactment of tax legislation, 9:30 a.m., Labor Standards Act (FLSA), 9:30 a.m., SD–430. 2141 Rayburn. Committee on Rules and Administration: February 4, 5, Committee on National Security, February 5, to hold an and 6, to hold hearings on proposed committee resolu- organizational meeting, 10 a.m., 2118 Rayburn. tions requesting funds for operating expenses for 1997 Committee on Resources, February 5, to hold an organiza- and 1998, 9:30 a.m., SR–301. tional meeting, 11 a.m., 1324 Longworth. January 30, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D65

Committee on Science, February 5, to hold an organiza- February 4, Subcommittee on Trade, to hold an organi- tional meeting, 3 p.m., 2318 Rayburn. zational meeting, 3 p.m., H–137 Capitol. Committee on Small Business, February 6, to hold an or- February 5, full Committee, to hold an organizational ganizational meeting, 10 a.m., 2118 Rayburn. meeting, 11:30 a.m., 1100 Longworth. Committee on Transportation and Infrastructure, February February 5, Subcommittee on Human Resources, to 5, Subcommittee on Aviation, hearing on Airlines’ Pro- hold an organizational meeting, 9:30 a.m., B–318 Ray- posals to Establish User Fees for FAA Services, 10:30 burn. a.m., 2167 Rayburn. Committee on Veterans’ Affairs, February 5, to hold an or- Joint Meetings ganizational meeting, 4 p.m., 334 Cannon. Committee on Ways and Means, February 4, Subcommit- Joint Economic Committee: February 7, to hold hearings tee on Health, to hold an organizational meeting, 1 p.m., to examine the employment-unemployment situation for H–137 Capitol. January and the Consumer Price Index (CPI), 9:30 a.m., February 4, Subcommittee on Oversight, to hold an or- 1334 Longworth Building. ganizational meeting, 10 a.m., 1129 Longworth. D66 CONGRESSIONAL RECORD — DAILY DIGEST January 30, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Monday, February 3 12:30 p.m., Tuesday, February 4

Senate Chamber House Chamber Program for Monday: Senate will meet in pro forma Program for Tuesday: The House will meet in Joint session. Session with the Senate to receive the President’s State of the Union Address.

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