Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

Home , Congress Hall

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

Vol. 142 WASHINGTON, THURSDAY, OCTOBER 3, 1996 No. 141 Senate

The Senate met at 9 a.m., and was May this be a day in which we at- a.m., there will be a 15-minute rollcall called to order by the President pro tempt something humanly impossible vote on the motion to invoke cloture tempore [Mr. THURMOND]. and discover that You are able to pro- on the FAA conference report. I hope vide the power to pull it off. Give us a that the Senate would invoke cloture PRAYER fresh burst of excitement for the duties this morning so that we can complete of this day so that we will be able to action on this important measure. If The Chaplain, Dr. Lloyd John serve courageously. We will attempt cloture is invoked, it is possible that Ogilvie, offered the following prayer: great things for You and expect great we may adopt the conference report at Gracious Father, help us to live be- things from You. Through our Lord and a reasonable time today. yond the meager resources of our ade- Savior. Amen. I also remind my colleagues that quacy and learn that You are totally f there are a number of other legislative reliable when we trust You completely. items in the clearance process includ- RECOGNITION OF THE ACTING You constantly lead us into challenges ing possible action on the parks bill. MAJORITY LEADER and opportunities that are beyond our With the cooperation of all Senators, energies and experience. Then You pro- The PRESIDENT pro tempore. The we can finish these items in time for vide us with exactly what we need. able acting majority leader, Senator sine die adjournment of this Congress Looking back, we know that we could MCCAIN of Arizona, is recognized. today. not have made it without Your inter- f vention and inspiration. And when we f settle back on a comfortable plateau of SCHEDULE satisfaction, suddenly You press us on Mr. MCCAIN. Mr. President, on be- FEDERAL AVIATION ADMINISTRA- to new levels of adventure in our liv- half of the leader, I should like to re- TION REAUTHORIZATION—CON- ing. You are the disturber of any false mind all Members of today’s Senate FERENCE REPORT peace, the developer of dynamic char- schedule. This morning, the time be- The Senate resumed consideration of acter and the ever present deliverer tween now and 10 a.m. will be equally the conference report. when we attempt what we could not do divided for debate on the FAA reau- Mr. MCCAIN. Mr. President, I now on our own. thorization conference report. At 10 ask unanimous consent that the time

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

S12217 S12218 CONGRESSIONAL RECORD — SENATE October 3, 1996 until 10 a.m. be equally divided be- number of hearings following these most efficient air transportation sys- tween the proponents and opponents, tragedies, and we hear the compelling tem in the world. myself managing the legislation for stories of the lack of notification, For a long period of time we worked this side, and the Senator from Massa- wrongful notification, and lack of sen- on a bipartisan basis with the Sec- chusetts, Mr. KENNEDY, managing for sitivity in the care and services pro- retary of Transportation, the Director the other side. vided to the family members. We have and Deputy Director of the FAA, in The PRESIDENT pro tempore. With- to clean this up and we do that in this trying to come up with ways to fund out objection, it is so ordered. bill. our national aviation system and its Mr. MCCAIN. Mr. President, perhaps As far as aviation security is con- safety and security-related aspects. we could have information concerning cerned, Mr. President, it requires the Right now the national air transpor- the division of that time. I would guess FAA to study and to report to Congress tation system is primarily funded by it is less than 1 hour equally divided. Is on whether some security responsibil- the airline ticket tax, which accounts that correct? ities should be transferred from the for more than $6 billion of the $9 billion The PRESIDENT pro tempore. To be airlines to airports and/or the Federal that is necessary to fund the FAA on exact, it is 56 minutes. Government. I do not think there is an annual basis. Unfortunately, the Mr. MCCAIN. Mr. President, since the any of us today who believe that secu- discretionary budget caps will simply Senator from Massachusetts is not rity at airports is at the level we want not provide the budget flexibility to here, I will begin with an opening it to be, and a very recent inspector continue to fund today’s service levels statement. I allow myself 10 minutes. general report clearly indicated that. from the FAA, let alone the funding Mr. President, I want to talk about We have to do a much better job. necessary over the next several years this critical aviation bill for a few min- The FAA in this legislation is di- to meet the continued growth antici- utes, and I want to begin with the most rected to certify companies providing pated in virtually every facet of avia- important part of it. That is the sec- airport security screening. tion. We must be able to fund the FAA tion that has to do with aviation safe- It bolsters weapons and explosive de- and the national air transportation ty. tection technology by encouraging re- system in America through user fees. This bill has some very important search and development. As you know, Those that use the system should be and critical aviation safety items in- Mr. President, the only available tech- required to pay their fair share to pro- cluded in it. We all know how impor- nology today is very expensive, very vide a stable source of funding for the tant and compelling a problem this is large, very slow and sometimes not FAA’s critical safety and operational and a challenge for America and the completely mission fulfilling. I believe activities and not the general tax- world. We continue, unfortunately, to that there is the technological capabil- payer. have serious airline accidents that con- ity out there in America and the world This bill sets up a 21-member com- tinue to take place not only in this to develop the kind of weapons and ex- mission which will make recommenda- country but around the world, includ- plosive detection technology that we tions which will be required to be acted ing the latest being another tragedy in can put in place in our airports in a on in a relatively short period of time Peru just in the last several hours. short period of time. so we can come up with this very im- There is no doubt that aviation safety This legislation requires that back- portant, stable, and critical funding of is a vital and compelling issue and one ground and criminal history records the national air transportation system. on which I believe we have made im- checks be conducted on airport secu- Again, I cannot help but mention one portant progress in this bill. rity screeners and their supervisors. other aspect of this problem that is a Specifically, this legislation elimi- It requires the FAA to facilitate in- clear dereliction of duty on the part of nates the dual mandate and reiterates terim deployment of currently avail- the Congress, and that is, on December safety being the highest priority for able explosive detection equipment. 31, 1996, the airline ticket tax is going the FAA. This legislation facilitates It requires the FAA to audit the ef- to lapse again. At the present time the the flow to the FAA of operational and fectiveness of criminal history records airline ticket tax, with the addition of safety information, and the FAA may checks. general taxpayer dollars, is the major withhold voluntarily submitted infor- It encourages the FAA to assist in method of funding aviation in America. mation. the development of passenger profiling Congress let it lapse last Christmas It authorizes the FAA to establish systems. and it lapsed for a long period of time— standards for the certification of small It permits the Airport Improvement until just a few months ago. During airports so as to improve safety at such Program and Passenger Facility that time, the aviation trust fund was airports. Charge funds to be used for aviation depleted by $5 billion. I think it will be It mandates that the NTSB, the Na- safety and security projects at air- a terrible thing, a terrible thing, to let tional Transportation Safety Board, ports. this Congress go out of session—which and the FAA must work together to The FAA and FBI must develop an we probably will—without reinstating improve the system for accident and aviation security liaison agreement. the ticket tax, which is going to expire safety data classification so as to make The FAA and FBI must carry out on December 31, 1996. it more accessible and consumer joint threat assessments of high-risk I would like to tell my colleagues and friendly and then publish such accident airports. I know my friend, Senator FORD of data. It requires the periodic assessment of Kentucky, feels as strongly as I do, as It requires pilot record sharing. It re- airport and air carrier security sys- does the chairman and ranking mem- quires the sharing of a pilot’s employ- tems. ber of the committee, Senator PRES- ment records between former and pro- And it requires a report to Congress SLER and Senator HOLLINGS. We are spective employers to assure margin- on recommendations to enhance and going to address this issue early in the ally qualified pilots are not hired. supplement screening of air cargo. 105th Congress in whatever way we can. It also discourages attempts by child Mr. President, there is more aviation We cannot allow this fund to be de- pilots to set records or perform other safety and security benefits in this bill pleted so we are unable to fund these aeronautical feats. which I will cover later this morning. much-needed aviation safety, airport Also, Mr. President, it requires that There is a requirement to enhance air- security, and air traffic control mod- the Federal Aviation Agency and the line and air traveler safety by requir- ernization projects in America. National Transportation Safety Board ing airlines to share employment and I am not going to point at specific work together on this terrible issue, performance records before hiring new committees or specific Members of the very difficult issue of notification of pilots, as I mentioned before. Senate or the House. But to allow the the next of kin. Every time there is one But most important, it provides for airline ticket tax to lapse is a violation of these crashes, there is a problem as the thorough reform of the FAA, in- of our fundamental obligations to the far as the notification of the loved cluding the long-term funding reform American people, and that is to ensure ones, and it was an obligation of ours of the FAA to secure the resources to their safety and security. We cannot do to work this out. There have been a ensure we continue to have the safest, that without adequate and stable long- October 3, 1996 CONGRESSIONAL RECORD — SENATE S12219 term funding. So I want to again enter hearing on this very complicated and, and women and their families. Key Re- a plea, especially to the Finance Com- obviously, controversial labor-manage- publicans in Congress have conspired mittee, that we address this issue as ment issue. It has been rejected. Just a with Federal Express to amend the soon as possible early in the next Con- few weeks ago the Appropriations Com- Railway Labor Act in order to deprive gress. mittee rejected this very amendment. Federal Express workers of their right I reserve the remainder of my time. Yet we see it sliding in on a conference to form a local union. The company is The PRESIDENT pro tempore. The committee here. bent on obtaining this unfair advan- distinguished Senator from Massachu- What it does, in essence, is it says tage before the Republican Congress setts. Federal Express and all its employees adjourns, because they know that a Mr. KENNEDY. Mr. President, I yield are to fall under regulations that gov- Democratic Congress will never ap- myself 1 minute. Then I am going to ern airlines. It so happens Federal Ex- prove this special interest provision. yield 5 minutes to the Senator from Il- press has about 35,000 truck drivers Truck drivers employed by Federal linois. who, under this legislation now, are Express in Pennsylvania began organiz- Mr. President, as we are gathered going to be considered like airline pi- ing a union several years ago, because here this morning, I want to reiterate lots as far as labor-management rela- they had not received a raise in more our position with regard to the FAA tions. That is not the way to govern. than 7 years. They were also worried bill. Those of us who oppose the addi- It may be this is very meritorious. about worker safety and about losing tion of the special interest provision Let us have a hearing. Let us go their jobs to subcontractors and seeing are in support of the FAA conference through the normal process. But it full-time jobs cut back to part time. It report otherwise. We had indicated we should not be stuck on in a conference is unconscionable for the Senate to in- were quite glad to put that whole con- when neither the House nor the Senate tervene on the side of Federal Express ference report on the continuing reso- had it, when this has been rejected sev- management to deny those workers lution. We could have done that on eral times by both the House and the their basic rights under the National Monday and we would not be here Senate. Labor Relations Act. today. Mr. BREAUX. Will the distinguished Mr. President, this is not a technical We would have taken an independent Senator yield for a question? correction. Rider proponents falsely bill, a freestanding bill without this Mr. SIMON. I will let the Senator claim that this is a technical correc- provision, and passed it either Monday from Louisiana get his own time here. tion to an inadvertent action taken in when the House was in or any other Mr. BREAUX. I just was going to ask the Interstate Commerce Commission day in the belief the House would ac- a question of the Senator. Termination Act of 1995. This is sub- cept it. Mr. SIMON. You may ask a very brief stantive. The Congressional Research So we do not yield to any of our col- question. Service analyzed the ICC Termination leagues in our interest in moving ahead Mr. BREAUX. Isn’t the current situa- Act and found ‘‘The deletion of express with the FAA conference report. But tion that Federal Express in its total companies from section 1 of the RLA what we find unconscionable is the in- package is considered under the Rail- does not appear to have been inadvert- clusion of this special interest provi- way Labor Act right now? Is that not ent or mistaken.’’ That is an independ- sion which is going to disadvantaged the current situation? Is it the current ent judgment made by the Congres- working men and women who are try- situation that Federal Express is con- sional Research Service after reviewing ing to play by the rules of the game sidered to come under the Railway the history, reviewing the conference and whose interests would effectively Labor Act now? itself and evaluating the various docu- be compromised by this particular pro- Mr. SIMON. It is a matter of con- ments. Second, the administration does not vision. troversy right now before the National The PRESIDENT pro tempore. The Labor Relations Board, as I understand consider this to be technical. Let me, time of the Senator has expired. it. What we are doing is we are moving again, read the letter from the Office of Mr. KENNEDY. I yield 5 minutes to in and making a decision. That is not Management and Budget, representing the Senator from Illinois. the way we ought to operate here. the position of the administration and The PRESIDENT pro tempore. The We ought to have a hearing. We the President: distinguished Senator from Illinois. ought to proceed in the normal way. The administration believes that the provision is not a technical amendment in trans- Mr. SIMON. Mr. President, as Sen- This is obviously a matter of con- portation law. In fact, it could result in a ator KENNEDY said, everyone is for the troversy. This is not how you solve significant shift of the relationship between FAA bill. The question is this amend- controversies and how you make good certain workers and management. ment that was tacked on that was nei- legislation. They recognize that it is not a tech- ther in the House version nor in the I yield the remainder of my time nical correction. Senate version. Let us just go over back to the Senator from Massachu- The Democratic members of the what it does again. It benefits one com- setts. House Aviation Subcommittee have pany—one company. It interferes in Mr. KENNEDY. Mr. President, how also recognized that this is not a tech- litigation. The Presiding Officer, Sen- much time remains? nical correction. Read the debate over ator THURMOND, for whom I have come The PRESIDENT pro tempore. The in the House of Representatives and to have great respect, has seen in the Senator from Massachusetts has 22 you will see it. Every Democratic Judiciary Committee that when we minutes. member of the Aviation Subcommittee interfere in litigation, with rare excep- Mr. KENNEDY. I yield myself 13 min- points out that this is not a technical tions we make a mistake in the U.S. utes. correction, and the Parliamentarian of Congress. Mr. President, regardless of the out- the House of Representatives made a Third, it interferes in a labor-man- come of today’s vote, this week of de- judgment that it was not a technical agement negotiation that is going on. bate has already accomplished some- correction and required the House of We should not be taking one side or an- thing very important for the American Representatives to have an independ- other. I do not know who is right. All people. It has placed a spotlight on a ent vote on this measure. I know is Congress should not be decid- cynical Republican attempt to help one Mr. President, the history of the ing this. of their corporate friends at the ex- FedEx rider in the House and Senate is We interfere also in a competitive pense of that company’s employees. out there for every Member of this situation. How does this affect UPS? They had hoped to carry out their body to understand. They never had a How does it affect the Postal Service? scheme in the shadows, so that no one hearing on a rider in the House Avia- How does it affect other competitors? would recognize the injustice that was tion Subcommittee or the full Trans- No one knows. But people can sure being done. That part of the Repub- portation and Infrastructure Commit- guess. lican plan has already failed. The en- tee; never had a hearing on the rider in Then, finally, the process is wrong. tire country now knows that the Re- the Senate Aviation Subcommittee or We have not had a hearing on this. The publican Congress is ending as it full Committee on Commerce, Science committee of jurisdiction has not had a began, with an assault on working men and Transportation. S12220 CONGRESSIONAL RECORD — SENATE October 3, 1996 House Republicans tried to attach Mr. President, why do I call this Fed- The Federal Express workers may be this to the fiscal 1996 omnibus appro- eral Express amendment a Republican able to persuade their coworkers to priations bill and failed. House Repub- ploy? Let me show you the evidence, support organizing or they may not, licans tried to attach it to the National and it is overwhelming. In the House, but they shouldn’t have the rug pulled Transportation Safety Board Author- the key advocates of this amendment out from under them as Republicans ization Act, and it failed. House Repub- were Members of the Republican lead- have tried to do to other workers over licans tried to attach it to the Railroad ership, and each and every time it was the period of this Congress. Unemployment Act Amendments, and offered in the House, it was offered on Mr. President, I reserve the remain- it failed. behalf of the Republican leadership. der of my time. Senate Republicans supported at- They voted in the House and closely Mr. McCAIN addressed the Chair. taching it to the Labor-HHS Appro- followed party lines: of the 218 Mem- The PRESIDENT pro tempore. The priations bill in the Appropriations bers who voted for it, 199 were Repub- distinguished Senator from Arizona. Committee, and it failed. The rider was licans. 198 Members of Congress op- Mr. McCAIN. Mr. President, I yield 4 not on the FAA Reauthorization Act posed it; 168 of those voting no were minutes to the Senator from Texas, when it passed the House, and it wasn’t Democrats. Senator HUTCHISON. when it passed the Senate. The rider On the cloture motion that we will be The PRESIDENT pro tempore. The was added in the reauthorization con- voting on shortly, nearly all Repub- distinguished Senator from Texas is ference committee just before the end licans will vote to keep the amendment recognized. of this conference. in the bill, and a solid majority of Mrs. HUTCHISON. Thank you, Mr. Mr. President, now that we know Democrats will vote against cloture in President. that it is not technical, now that we order to remove the offensive Federal Mr. President, if someone is watching know that this has been pursued con- Express provision. this debate today, they might think we stantly by the Republican leadership in This antiworker amendment is clear- are arguing about a labor bill. Mr. the House of Representatives, sup- ly a Republican ploy for another rea- President, we are not arguing about a ported overwhelmingly by the Repub- son. It is consistent with what they labor bill. Whether Federal Express can lican Members in the House of Rep- have done throughout this session, have one union or six unions is not the resentatives, with opposition by an whether it has been to eliminate the purpose of this bill, nor should it be the overwhelming majority of Democrats Davis-Bacon Act or to gut other work- focus of this debate, nor should it have in the House, we will see a similar reer protection laws. The average con- held up this Senate for the last 4 days. flection of that here later on this struction worker—may we have order, Because the issue here is whether we morning. Mr. President? are going to reauthorize the FAA and Mr. President, this issue is in litiga- The PRESIDENT pro tempore. The give them the tools they need to keep tion. The Federal Express truck drivers Senate will be in order. our airlines and our airports safe. That started organizing in 1991. In December Mr. KENNEDY. Mr. President, we is the issue. That is the importance of of 1991, the Federal Express truck driv- have seen the Republican leadership sending this bill to the President. Be- ers filed a petition with the NLRB for try to compromise the incomes of con- cause if we get bottled up in other ex- an election to decide whether a major- struction workers, the second most traneous issues and procedures, Mr. ity of them desire representation. This dangerous industry in the United President, what we are going to lose is matter is currently in litigation. The States, with five times more accidents the ability for the FAA to immediately number of the case is 4–RC–17968. than any other group of workers in this deploy certification of the detection There are Members who say it is not country. The average income of a con- equipment that is necessary to protect in litigation. It is in litigation, and it struction worker is $27,500 a year. Yet air traffic passengers, the protection is before the NLRB and in active con- the Republicans made an effort time against terrorist bombs. That is what sideration at this time. What we are after time after time here in the Sen- we are talking about today. doing by this action is wiping out the ate of the United States and in the The detection equipment we have opportunity for that issue to be adju- House of Representatives to undermine today was put in place when we had hi- dicated by the NLRB. We are stacking their income. jacking as a problem in this country. the deck for one side. We are refusing There was opposition to the increase And since that equipment has been put to let the National Labor Relations in the minimum wage. The story is in place, we have not had hijackings of Board make a judgment about the there and has been written. Repub- airlines in America. But that is not the truck drivers. licans fought it every single step of the same type of equipment you need to de- The fact of the matter is, UPS has a way, although hard-working families tect the sophisticated bombs that have situation almost exactly the same as who are at the bottom rung of the eco- been able to be put in buildings and Federal Express: Those workers who nomic ladder, who are our teachers’ airplanes around the world, or subway are associated with the airlines are aides, who work in nursing homes as systems. So what we are trying to do is considered employees of air carriers, health care aides, who clean buildings protect the traveling public. and thus covered by the Railway Labor for the American free enterprise sys- We are seeing smokescreens here Act, while those who drive the trucks tem—these are hard-working men and about minute labor issues, and we are are under the National Labor Relations women who have families, and we be- seeing procedural measures taken Act. lieve that hard work ought to be re- against a very important big-picture Federal Express has been declared an warded and that we should not deny bill that will give the FAA the tools it air carrier, and they should be with re- those hard-working Americans a de- needs. It will allow the FBI and the gard to their air operation. The ques- cent income. The Republicans oppose FAA to collaborate in every high-risk tion now is, what about the truck driv- that. airport city. We need the FBI to work ers who drive for Federal Express? Whether it was on Davis-Bacon, the with the FAA because they have What about Federal Express’s proposed increase in the minimum wage, or the unique capabilities that are not there expansion, such that the principal part earned-income tax credit, which bene- in the FAA. So we need that to happen. of their operation is going to be in fits workers who earn less than $30,000, It can start today. Baggage match, trucks rather than in the air? That is a on each and every one of those issues something that is done for foreign legitimate issue. It is currently before involving workers’ rights, the Repub- travel, will now be looked at to see if the National Labor Relations Board. lican leadership in the House and the we can do it domestically, so that if a Supporters of this rider are saying Senate fought us tooth and nail. They passenger gets on a plane, we will know that those grievances, those rights, fought us tooth and nail at the begin- that that passenger is matched to bags those interests of working men and ning of the Congress, and the last act in the compartment beneath, and we women are going to be vitiated because of this Congress will be to undermine will not have bags going on a plane of the power of Federal Express, one the legitimate rights of working men without the passenger that checked single company. We are legislating for and women who are only trying to play that bag in. one single company, make no mistake by the rules under the National Labor We need to be able to allow the pas- about it. Relations Act. senger facility charges and the fees October 3, 1996 CONGRESSIONAL RECORD — SENATE S12221 that go on the airline tickets to be tant services in our economy, as do less important than this one provision used for antiterrorism and safety meas- other services, such as UPS. But you for Federal Express? ures. That will be authorized in this cannot ignore the record. It seems inconceivable to me that bill. Last night, I and other Members of those on the other side, given their Mr. President, we are not looking at the Senate received a letter from Pub- commitment to those issues and those deciding in Congress and spending 4 lic Citizen, a nonpartisan public inter- concerns, would not drop this provision days of Congress’ time to determine est group. They express frequently a di- at this point and let the bill be passed whether FedEx is going to have one rect interest in the way this body does today and be signed by the President. union or six. Our purpose here today is business. This is what Public Citizen I yield the floor. to pass a bill that protects every Amer- wrote about the effort to push FedEx’s The PRESIDING OFFICER. Who ican and every visitor to our country special interest provision through in yields time? Mr. McCAIN. Mr. President, I yield 6 who is traveling in airports and on air- the FAA conference report. They said: minutes to the Senator from South planes with the safety they deserve. We This is not the first time or the second Carolina, Senator HOLLINGS. can do it if we will keep our eye on the time that Federal Express has used last- The PRESIDING OFFICER. The Sen- ball and do what is responsible for the minute tactics to gain passage of controversial amendments to law. In the 1990 aviation ator from South Carolina. U.S. Senate. It would be irresponsible Mr. HOLLINGS. Mr. President, I’ll for us to allow some minor disagree- authorization bill, with no hearings, exemption from local noise requirements for air- come right to the point, it is not a ment on a labor matter that does not craft were pushed through. In the 1994 avia- question of one company succeeds. It is have to be decided by Congress to, in tion authorization bill, Federal Express was the question of one Congress can suc- fact, hold up a bill that will provide involved in getting preemption of State reg- ceed. Congress made the error, not Fed- safety for flying passengers in Amer- ulation of truck prices, routes and services eral Express. Federal Express had noth- ica. through the Congress with no hearings in the ing to do with the dropping of the lan- Thank you, Mr. President. Senate where the amendment was added to guage when we passed the ICC termi- Mr. FEINGOLD addressed the Chair. an unrelated bill and only a last-minute nation bill last December. We made Mr. KENNEDY. Mr. President, 5 min- hearing in the House during the conference that mistake. We are on trial. And this negotiations. State officials were outraged utes to the Senator from Wisconsin. at the way this was maneuvered. In 1995, distortion: coming in here and The PRESIDING OFFICER (Mr. motor carrier safety standards were elimi- flyblowing a wonderful company— FRIST). The Senator from Wisconsin is nated for Federal Express type trucks in the ‘‘antiworker,’’ ‘‘a Republican attack,’’ recognized. National Highway System legislation. In ‘‘slash Medicare,’’ ‘‘slash education’’— Mr. FEINGOLD. Mr. President, 1996, the anti-labor provision Federal Ex- none of that has anything to do with it. thank you. press seeks to get enacted in the aviation au- Let us assume that Federal Express There has been some confusion in thority conference report is [just] the most was antiworker. That would have noth- this body about whether this is a big recent in a long string of such maneuvers. ing to do with this particular issue. These issues [they say] are major public issue or little issue, technical issue or What we did here with my amend- policies that deserve appropriate hearings ment—and incidentally, ‘‘Republican,’’ substantive issue. Well, I think the ar- and evaluation. The public is already angry gument that this is somehow just a about the way wealthy business interests I have been a Democrat since 1948. I technical debate has been pretty well dominate the congressional decision-making think you were just learning to drive shredded by the reality of what has process. This history of Federal Express at that time. So you can’t define who happened this week. sponsored legislation, combined with the is a Democrat, we will see how the Let me just quickly read again from millions of dollars it spends each year lobby- Democrats vote. the letter from the Office of the Presi- ing, campaign contributions, and providing At that particular time we came in air transportation services to key members dent, the administration, from Frank- here and we said, ‘‘Wait a minute. of Congress, undermines our democratic sys- When we left, we had a hearing. Been lin Raines, of the Office of Manage- tem. Federal Express has a long history of having a hearing quite regularly all ment and Budget, which says: opposition to government regulations. But over.’’ Who is to be heard? Not the The administration believes that the provi- when they want to block their employees’ ef- merits of workers’ rights, the merits of forts to form a union and gain an unfair ad- sion is not a ‘‘technical amendment’’ to the truth. Find somebody, some Sen- transportation labor law. In fact, it could re- vantage over their competitors, the sky’s the sult in a significant shift of the relationship limit on money and political muscle they ator, some Congressman. I have chal- between certain workers and management. will use to get their own customized regu- lenged him now for 3 days during this We hope Congress will not jeopardize avia- latory protection made into law. filibuster, find me anybody who says tion safety, security, and investment initia- Those are words by Joan Claybrook otherwise than that it was an honest tives as it comes to closure on this issue. from Public Citizen. And this is not an mistake. It is our duty to try to cor- Mr. President, the Senator from isolated, innocent, or minor matter to rect it. Texas just again tried the ploy of say- the corporation pushing it. Every time we try, we go down the ing this is a minor issue. She said, a Mr. President, let me repeat one list, filibuster, filibuster, filibuster. ‘‘minute’’ labor issue. Well, does any- phrase from this letter. This kind of Yes, you have the political power. You one believe, after the almost herculean activity ‘‘undermines our democratic have held the whole Congress up for 3 days. Every time we try to get it any- effort to keep this provision in, that system.’’ this is a minor issue? This is a major, However anyone feels about the un- where, you are going to filibuster, filibuster, filibuster, trying to take advan- major issue to one very powerful cor- derlying merits of the issue, the proc- tage of an honest mistake. poration in this country. ess which is taking place is repugnant. We have heard from all the Congress- Let us focus again on what this in- As the distinguished Senator from Illi- men, Republican and Democrat, all the tense major debate is about. It is about nois, [Mr. SIMON] has said, if this cor- Senators, Republican and Democrat, whether one powerful corporation is poration succeeds, this will be a text- and we all agree that it was a mistake. going to be able to get its way in the book example for years to come of how You cannot find anybody who says it closing hours of this Congress and push special interests have perverted the was not a mistake. To come in here through a special interest provision democratic process. I hope we will do trying to correct an honest mistake, aimed at only one thing —it is aimed the right thing and just say no to this. and they flyblow a company with at only one thing: protecting this pow- Mr. President, let me simply say, as antiworker/Medicare/Medicaid and all erful company from its workers trying a conclusion, I have heard speakers all that extraneous garbage—they know to form a union. week, and especially this morning, say no shame. We are not going to fili- Mr. President, this apparently is not that we have to pass this bill because buster. We are ready to vote. We are the only time that this corporation, of airline safety; we have to pass this ready to vote and try to get a political Federal Express, has used this type of bill because of the airline tax exten- division here today on what this Sen- procedure to benefit its own interests. sion; we have to pass this bill because ator has been trying to clean up. Let me say here, I do not think Federal of airport aides. And I agree. We have We tried to get the other side to look Express is a bad corporation. Obvi- to pass this bill. How can all of those at the intent. I am looking at the con- ously, it provides tremendously impor- things, how can all of those things be ference report by Mr. SHUSTER, the ICC S12222 CONGRESSIONAL RECORD — SENATE October 3, 1996 Termination Act, last December 15. carrier, all of its employees are subject to cluding Japan, Saudi Arabia and Russia. Ac- ‘‘The enactment of the ICC Termi- the Railway Labor Act. Federal Express cording to Managing Director of Operations nation Act of 1995 shall neither expand notes that the Board and the courts have re- Research Joseph Hinson, Federal Express nor contract coverage of employees and peatedly found it to be a carrier subject to does not transport freight that moves exclu- the Railway Labor Act. According to Federal sively by ground to or from the United employers by the Railway Labor Act.’’ Express, the job classifications remaining in States. Now, that is exactly what was in- the petition are integrally related to Federal * * * * * * tended. That is the law. The Railway Express’ air transportation activities. Fed- III. DISCUSSION Labor Act is just exactly what truck eral Express contends that it is a ‘‘unified drivers and pilots and Federal Express operation with fully integrated air and The National Mediation Board has exer- ground services.’’ According to Federal Ex- cised jurisdiction over Federal Express as a have been under since 1973 when they common carrier by air in numerous pub- started business. press, allowing some employees to be covered by the National Labor Relations Act lished determinations. Federal Express Corp., I felt like Archimedes, who said, ‘‘Eu- 22 NMB 279 (1995); Federal Express Corp., 22 reka, I found it’’ when the Senator and others to be subject to the Railway Labor Act would result in employees being NMB 257 (1995); Federal Express Corp., 22 NMB 215 (1995); 20 NMB 666 from Massachusetts cited 4–RC–17698. I covered by different labor relations statutes Federal Express Corp., (1993); Federal Express Corp., 20 NMB 404 ask unanimous consent to have printed as they are promoted up the career ladder. in the RECORD excerpts of the final Federal Express contends that the two- (1993); Federal Express Corp., 20 NMB 394 (1993); 20 NMB 360 Board decision. part test suggested by the UAW is not appro- Federal Express Corp., (1993); Federal Express Corp., 20 NMB 126 There being no objection, the mate- priate in this case. According to Federal Ex- (1993); Federal Express Corp., 20 NMB 91 (1992); press, the Board uses the two part test to de- rial was ordered to be printed in the Federal Express Corp., 20 NMB 7 (1992); Federal termine whether a company is a carrier, not RECORD, as follows: Express Corp., 19 NMB 297 (1992); Federal Ex- to determine whether specific employees of a NATIONAL MEDIATION BOARD, press Corp., 17 NMB 24 (1989); Federal Express/ carrier perform duties that are covered by Flying Tiger 16 NMB 433 (1989); Federal Ex- Washington, DC, November 22, 1995. the Railway Labor Act. Federal Express cau- Re NMB File No. CJ–6463 (NLRB Case 4–RC– press, 6 NMB 442 (1978). In eight of those de- tions that adoption of the test suggested by 1698) Federal Express Corporation. terminations, the Board exercised jurisdic- the UAW ‘‘would drastically alter labor relation over ground service employees of Fed- JEFFREY D. WEDEKIND, tions at every airline in the country.’’ Ac- Acting Solicitor, National Labor Relations eral Express. The substantial record devel- cording to Federal Express, under the UAW’s oped in this proceeding provides no clear and Board, Washington, DC. test, most categories of employees except pi- DEAR MR. WEDEKIND: This responds to your convincing evidence to support a different lots, flight attendants and aircraft mechan- result. request dated July 17, 1995, for the National ics would be subject to the NLRA. Mediation Board’s (Board’s) opinion as to The Board repeatedly has exercised juris- A. whether Federal Express Corporation (Fed- diction over Federal Express. Federal Express Section 181, which extends the Railway eral Express or FedEx) and certain of its em- Corp., 22 NMB 279 (1995); Federal Express Labor Act’s coverage to air carriers, pro- ployees is subject to the Railway Labor Act, Corp., 22 NMB 257 (1995); Federal Express vides: as amended, 45 U.S.C. § 151, et seq. The Corp., 22 NMB 215 (1995); Federal Express ‘‘All of the provisions of subchapter 1 of Board’s opinion, based upon the materials Corp., 20 NMB 404 (1993); Federal Express this chapter except section 153 of this title provided by your office and the Board’s in- Corp., 20 NMB 394 (1993); Federal Express are extended to and shall cover every com- vestigation is that Federal Express and all of Corp., 20 NMB 360 (1993); Federal Express mon carrier by air engaged in interstate or its employees are subject to the Railway Corp., 20 NMB 126 (1993); Federal Express foreign commerce, and every carrier by air Labor Act. Corp., 20 NMB 91 (1992); Federal Express Corp., transporting mail for or under contract with I. 20 NMB 7 (1992); Federal Express Corp., 19 the United States Government, and every air pilot or other person who performs any work as This case arose as the result of a represen- NMB 297 (1992); Federal Express Corp., 17 NMB an employee or subordinate official of such car- tation petition filed with the National Labor 24 (1989); Federal Express/Flying Tiger, 16 NMB rier or carriers, subject to its or their continuing Relations Board (NLRB) by the Inter- 433 (1989); Federal Express, 6 NMB 442 (1978). authority to supervise and direct the manner of national Union, United Automobile Aero- There is no dispute that Federal Express is a rendition of his service, 45 U.S.C. § 181. (Em- space and Agricultural Implement Workers carrier subject to the Railway Labor Act with respect to certain Federal Express emphasis added.)’’ of America (UAW). The UAW initially sought Federal Express is an air express delivery ployees (i.e. Pilots; Flight Attendants,3 Glob- to represent a unit of Federal Express’s em- service which holds itself out for hire to al Operation Control Specialists; and Me- ployees including ‘‘all regular full and part- transport packages, both domestically and chanics and Related Employees; Stock time hourly ground service employees in the internationally. Federal Express and the 1 Clerks; and Fleet Service Employees). How- Liberty District.’’ On December 9, 1991, the UAW agree that Federal Express and its air ever, the Board has not addressed the issue UAW amended its petition to exclude ‘‘ramp operations employees, such as pilots and air- raised by the UAW: whether or not certain agents, ramp agent/feeders, handlers, senior craft mechanics, are subject to the Railway Federal Express employees are subject to the handlers, heavyweight handlers, senior Labor Act. The disagreement arises over Railway Labor Act. heavy weight handlers, checker sorters, sen- whether Federal Express’ remaining employ- ior checker/sorters, shuttle drivers, shuttle The NLRB initially requested the NMB’s opinion as to whether FedEx is subject to ees are subject to the Railway Labor Act. driver/handlers, office clerical employees, The UAW argues that the employees it seeks engineers, guards and supervisors as defined the RLA on July 1, 1992. However, on that date, the NLRB granted the UAW’s request to represent do not perform airline work and in the Act [NLRA].’’ The titles remaining in are not ‘‘integral to Federal Express’ air the UAW’s petition include: service agents, to reopen the record and the file was returned to the NLRB. The NLRB renewed its transportation functions.’’ Federal Express senior service agents, international docu- asserts that all of the employees sought by ment agents, couriers, courier/handlers, trac- request on July 17, 1995 and the NMB received the record on July 31, 1995. The NMB the UAW are integrally related to its air ex- tor-trailer drivers, dispatchers, courier/non- press delivery service and are subject to the drivers and operations agents. received additional evidence and argument from FedEx and the UAW on August 17, 1995 Railway Labor Act. The UAW argues that the employees it Since there is no dispute over whether Fed- and September 5, 1995. seeks to represent in Federal Express’ Lib- eral Express is a common carrier by air, the erty District are employees subject to the II. Board focuses on whether the employees National Labor Relations Act (NLRA). The Federal Express, a Delaware corporation, sought by the UAW’s petition before the UAW acknowledges that pilots and aircraft is an air express delivery service which pro- NLRB are subject to the Railway Labor Act. mechanics employed by Federal Express are vides worldwide express package delivery. The Act’s definition of an employee of an air subject to the Railway Labor Act. However, According to Chairman of the Board and carrier includes, ‘‘every air pilot or other the UAW contends that the two-part test Chief Executive Officer Frederick Smith, person who performs any work as an em- traditionally employed by the Board to de- Federal Express flies the sixth largest jet ployee or subordinate official of such carrier termine whether an entity is a carrier should aircraft fleet in the world. or carriers, subject to its or their continuing be applied to the unit of employees it seeks Federal Express’ jet aircraft fleet cur- authority to supervise and direct the manner to represent in Federal Express’ Liberty Dis- rently includes Boeing 727–100’s, Boeing 727– of rendition of his service’’. The Railway trict. According to the UAW, the employees 200’s, Boeing 737’s, Boeing 747–100’s, Boeing Labor Act does not limit its coverage to air it seeks to represent in the Liberty District 747–200’s, DC 10–10’s, DC 10–30’s and McDon- carrier employees who fly or maintain air- do not perform airline work and are not ‘‘in- nell-Douglas MD–11’s. Federal Express also craft. Rather, its coverage extends to vir- tegral to Federal Express’ air transportation operates approximately 250 feeder aircraft, tually all employees engaged in performing a functions.’’ including Cessna 208’s and Fokker 27’s. It has service for the carrier so that the carrier Federal Express asserts that it is a carrier over 50 jet aircraft on order. may transport passengers or freight.9 subject to the Railway Labor Act and, as a Federal Express currently serves the Unit- In REA Express, Inc., 4 NMB 253, 269 (1965), ed States and several countries in the Middle the Board found ‘‘over-the-road’’ drivers em- 1 Footnotes at end of letter. East, Europe, South America and Asia, in- ployed by REA subject to the Act stating: October 3, 1996 CONGRESSIONAL RECORD — SENATE S12223 ‘‘It has been the Board’s consistent posi- (1989). Specifically, the Board has applied the Pan American World Airways v. Carpenters, 324 F.2d tion that the fact of employment by a ‘car- ‘‘integrally related’’ test when it has consid- 2487, 2488, 54 LRRM 2487, 2488 (9th Cir. 1963); cert. de- rier’ under the Act is determinative of the ered trucking operations conducted by a sub- nied, 376 U.S. 964 (1964) (RLA does not apply to Pan Am’s ‘‘housekeeping’’ services at the Atomic Energy status of all that carrier’s employees as subsidiary of a carrier or a company in the same Commission’s Nuclear Research Development Sta- ject to the Act. The effort to carve out or to corporate family with a carrier. In Florida tion); and Jackson v. Northwest Airlines, Inc., 185 F.2d separate the so-called over-the-road drivers Express, supra, the Board found Florida Ex- 74, 77 (8th Cir. 1950) (RLA does not apply to North- would be contrary to and do violence to a press, a trucking company which is a wholly- west’s ‘‘modification center’’ where U.S. Army air- long line of decisions by this Board which owned subsidiary of Florida East Coast Rail- craft were reconfigured for military purposes). Work would embrace the policy of refraining from road, to be a carrier subject to the Railway functions described in Carpenters as ‘‘substantially setting up a multiplicity of crafts or classes. Labor Act. In O/O Truck Sales, supra, the identical’’ to those before the Ninth Circuit were held by another court to be within the ‘‘compulsive’’ As stated above, there is no question that Board found O/O Truck Sales, a trucking and jurisdiction of the Railway Labor Act. Biswanger v. this particular group are employees of the fueling company which is a wholly-owned Boyd, 40 LRRM 2267 (D.D.C. 1957). The Board has not carrier (Emphasis in original).’’ subsidiary of CSXI (which is commonly had the occasion to make a final determination re- The limit on Section 181’s coverage is that owned with CSXT), to be a carrier subject to garding the appropriate application of this line of the carrier must have ‘‘continuing authority the Railway Labor Act. In contrast, Federal cases. to supervise and direct the manner of ren- Express directly employs truck drivers, 10 Federal Express Corporation v. California Public dition of * * * [an employee’s] service. The couriers and all other employees sought by Utilities Commission, 936 F.2d 1075, 1078 (9th Cir. 1991). couriers, tractor-trailer drivers, operations Chicago Truck Drivers v. NLRB, 99 LRRM 2967 (N.D. the UAW’s petition. Ill. 1978); aff’d. 599 F.2d 816, 101 LRRM 2624 (7th Cir. agents and other employees sought by the C. 1979). UAW are employed by Federal Express di- The UAW argues that the Board should Mr. HOLLINGS. This particular deci- rectly. As the record amply demonstrates, apply the two-part test used by the Board in sion on page 2 covers every kind of these employees, as part of Federal Express’ other factual settings for determining driver you can think of—shuttle driv- air express delivery system, are supervised whether an employer and its employees are by Federal Express employees. The Board ers, tractor-trailer drivers, dispatchers, subject to the Railway Labor Act. See, for need not look further to find that all of Fed- courier nondrivers, courier drivers, and example, Miami Aircraft Support, 21 NMB 78 eral Express’ employees are subject to the right on down, and I want to read to (1993); AMR Services, Corp., 18 NMB 348 (1991). Railway Labor Act. you in this limited time the final deci- The Board does not apply the two-part test B. where the company at issue is engaged in sion: ‘‘The Board is of the opinion that In the Board’s judgment, the analysis of common carriage by air or rail. The Board Federal Express Corporation and all of the jurisdictional question could end here. applies the two-part test where the company its employees sought by the UAW’s pe- However, Federal Express and the UAW have in question is a separate corporate entity tition are subject to the Railway Labor directed substantial portions of their argu- such as a subsidiary or a derivative carrier Act.’’ Signed, Stephen E. Crable, the ments to the ‘‘integrally related’’ test. Spe- which provides a service for another carrier. chief of staff, and as a unanimous deci- cifically, the participants discuss whether In those situations where the Board applies sion by the other members. the employees the UAW seeks to represent the two-part test, it determines: 1) whether That was filed on November 22, 1995, are ‘‘integrally related’’ to Federal Express’ the company at issue is directly or indirectly almost a year ago. This is the initia- air carrier functions. The Board does not owned or controlled by a common carrier or find consideration of the ‘‘integrally relat- carriers; and 2) whether the functions it per- tive to try to change it. The opponents ed’’ test necessary to resolve the jurisdic- forms are traditionally performed by em- are the ones trying to pull the rug out tional issue, however, review of the rel- ployees of air or rail carriers. Under this from under that decision because it evance of this test is appropriate. test, both elements must be satisfied for a was at the NLRB—they know and we The UAW argues that the employees it company to be subject to the Railway Labor all know in 50 years and 100 decisions seeks to represent are not integrally related Act. Federal Express is an admitted carrier the NLRB has never reversed a decision to Federal Express’ air carrier functions and and the employees at issue are employed di- that was unanimous by the National therefore are not subject to the Railway rectly by Federal Express. Accordingly, the Labor Act. Federal Express asserts that the Mediation Board. two-part test does not apply to this proceed- To talk about litigation, for 5 years NLRB and federal courts have found its ing. trucking operations integrally related to its Even if the two-part test were applicable, they had wonderful lawyers. The em- air operations.10 the employees at issue here would be covered ployees were there with all kinds of However, the Board does not apply the ‘‘in- by the Railway Labor Act. Federal Express, hearings and everything else, but they tegrally related’’ test to the Federal Express as a common carrier, has direct control over act like what we are trying to do is employees sought by the UAW. Where, as the positions sought by the UAW. In addi- change the rules in the middle of the here, the company at issue is a common car- tion, the Board has found that virtually all game. We are trying to correct a mis- rier by air, the Act’s jurisdiction does not of the work performed by employees sought take. depend upon whether there is an integral re- by the UAW’s petition is work traditionally Mr. President, there is no question in lationship between its air carrier activities performed by employees in the airline indus- my mind this is an outstanding com- and the functions performed by the carrier’s try. For example: couriers, Air Cargo Trans- employees in question. The Board need not port, Inc., 15 NMB 202 (1988); Crew Transit, pany. I have ‘‘The 100 Best Compa- consider the relationship between the work Inc., 10 NMB 64 (1982); truck drivers; Florida nies,’’ and I could read it. But, simply performed by employees of a common carrier Express, Inc., 16 NMB 407 (1989); customer stated, the Senator from Illinois is to- and the air carrier’s mission, because section service agents; Trans World International Air- tally out of order with respect to this 181 encompasses ‘‘every pilot or other person lines, Inc., 6 NMB 703 (1979). issue of the way to govern; one people, who performs any work as an employee or CONCLUSION one Congress. We are the ones who subordinate official of such carrier or car- made the mistake, not Federal Ex- riers. . . .’’ (Emphasis added). Based upon the entire record in this case Even if the Board were to assume arguendo and for all of the reasons stated above, the press. This is the way to try to correct that the ‘‘integrally related’’ test applies to Board is of the opinion that Federal Express it. We know we faced a filibuster at the facts in this case, the Board would hold Corporation and all of its employees sought every particular turn you could pos- in concurrence with the recent decision in by the UAW’s petition are subject to the sibly think of. We know this is partisan Federal Express Corp. v. California PUC, supra, Railway Labor Act. This finding may be onslaught. We know this nonsense cited as Federal Express Corporation, 23 NMB at note 10, that the ‘‘trucking operations of about working people and working Federal Express are integral to its oper- 32 (1995). The documents forwarded with your letter will be returned separately. families and slashing education. ations as an air carrier.’’ 936 F.2d at 1078. Under the Railway Labor Act, you Employees working in the other positions By direction of the NATIONAL MEDI- sought by the UAW perform functions equal- ATION BOARD. have every right and interest to orga- ly crucial to Federal Express’ mission as an STEPHEN E. CRABLE, nize, and in fact 65 percent of the work- integrated air express delivery service. As Chief of Staff. ers under the Railway Labor Act are the record demonstrates, without the func- FOOTNOTES organized. Under the NLRA, the Na- tions performed by the employees at issue, 1 The Liberty District includes portions of south- tional Labor Relations Act, only 11 Federal Express could not provide the on- eastern Pennsylvania, southern New Jersey and percent are organized. So they are time express delivery required of an air ex- Delaware. wrong when they act like we are trying 2 The dispatchers at issue do not dispatch aircraft. press delivery service. to change the rules. We are trying to The Board has employed the ‘‘integrally 3 FedEx no longer employs Flight Attendants. related’’ test when it has examined whether get it back to exactly where the parties * * * * * were. We are here now because they to apply the trucking exemption under § 151 9 Two courts have held that certain employees of a of the Act. O/O Truck Sales, 21 NMB at 269; carrier who perform work unrelated to the airline have the legal power to delay us for 3 Florida Express Carrier, Inc., 16 NMB 407 industry are not covered by the Railway Labor Act. days, intimidate and terrorize. S12224 CONGRESSIONAL RECORD — SENATE October 3, 1996 I thank the distinguished Chair. controversial. They change details of merits. I deeply regret that I must op- Ms. MOSELEY-BRAUN. Mr. Presi- legislation or of law in ways that do pose this legislation, because in the dent, the bill before us today, H.R. 3539, not have substantive affects on policy. 11th-hour, a highly controversial provi- the Federal Aviation Administration Technical corrections do not result sion has been attached to the bill under Authorization Act of 1996, is important in my staff being bombarded by calls, the guise of a clarifying amendment. legislation. It reauthorizes the Airport faxes, and letters—which is exactly It is my hope that the Senate will be Improvement Program, providing need- what has happened since this sentence able to clean up this FAA bill and act ed grants to States and to airports for was discovered in the FAA Authoriza- on it immediately, before the end of airway improvements, helps to improve tion Conference Report. the 104th Congress. This bill is too im- safety and airport security, and makes Technical corrections do not prompt portant for airports, our transportation a number of other important contribu- Senators to demand a full reading of infrastructure, and our economy, to let tions to aviation. the text of legislation. Yet the other it be derailed by one controversial, In Illinois, O’Hare airport in Chicago night we listened while the bill clerks 11th-hour amendment. could expect more than $8.5 million diligently read the text of almost the I urge all of my colleagues to vote next year. The Peoria airport could re- entire FAA bill for 31⁄2 hours. against cloture, and support a clean al- ceive $860,000. The airport in my Technical corrections do not lead to ternative to this bill. State’s capitol, Springfield, should re- filibusters, and Mr. President, I believe Mrs. BOXER. Mr. President, the ceive more than $660,000 if this legisla- that is exactly where we are today, in pending conference report is a very im- tion is enacted. The Southern Illinois the midst of a filibuster over a sup- portant piece of legislation that means Airport Authority, which operates an posed clarifying amendment. nearly $4.6 billion in grants to airports airport in Carbondale, expects more Technical corrections do not tie the across America the next 2 years and as than $1.5 million if this bill becomes Senate in knots and hold the 104th much as $75 million in entitlement and law. Congress in legislative session for sev- apportionment funding this year to air- These grants are important to these eral days after we were scheduled to ports in my State of California. It also and other airports in Illinois, and to adjourn sine die. authorizes funds over the next 2 years airports across the country. They are Technical corrections do not moti- for operations, equipment, and re- what keep our airports functional and vate press conferences, where workers search of the Federal Aviation Admin- safe, and help maintain the air trans- express their fears that this provision istration. portation infrastructure of our country will allow their company to trample And, in a very important change in that fuels our economy. Congress can their employment rights. Regardless of public policy, the bill ends the FAA’s dual mandate of regulation of civil hardly afford to adjourn without the the substantive merit of this claim, or aviation and promotion of air travel. passage of this legislation. the claims of either side in this debate, This bill even includes a provision a provision that is this controversial is After this bill becomes law, the pri- that I worked very hard on, along with not a technical correction. mary mission of the FAA will be to en- my colleague from Oregon, Senator Technical corrections do not require sure the safety of the flying public. The bill also contains important pro- WYDEN, that will allow communities to five or six attempts to be inserted into visions that will increase security at participate in the process of improving legislation. That is the history, how- the nation’s airports and begin imple- safety at their railroad crossings. ever, of this sentence. Attempts were mentation of the Gore Commission rec- Under a 1994 law, communities did not made to attach the provision to fiscal ommendations to enhance security. year 1996 appropriations legislation. have this option. They were essentially This bill will immediately authorize Those attempts failed. An attempt was directed to install extremely expensive heightened airport employee screening made to attach it to the NTSB reau- safety devices, or their locally imposed checks and criminal background whistle ban would be revoked. I am de- thorization. That attempt failed. Mem- checks and will facilitate sharing of in- lighted that we were able to work out bers tried to attach it to the Railroad formation on pilot records. an amendment to this 1994 law that Unemployment Act amendments, and As far as I know, not one single sen- gives communities the flexibility they failed. An attempt was made to attach ator opposes this FAA authorization need to improve safety from the local it to this year’s Department of Trans- bill. So why are we still here? level, and not just by Federal dictate. portation appropriations bill. That at- We are still here because of an un- It is therefore very disheartening tempt failed. Another attempt was usual parliamentary move in the con- that, despite the obvious merits of this made to attach it to the fiscal year 1997 ference on this bill last week, in which legislation, despite the fact that this is omnibus appropriations legislation. a provision that was not in either the a good, bipartisan bill, and despite the That attempt failed as well. This is not Senate-passed bill or the House-passed fact that it will allow communities to the legislative history of a technical bill was added in conference. That participate in the process of improving correction. move is what triggered the fierce de- railroad crossing safety, I am forced to This is the history of a highly con- bate we have had on this issue since vote against this entire bill because of tentious provision that many people last Saturday. one sentence that was inserted by the believe will directly affect their lives. Had that provision—relating to labor conference committee and dubiously This is the legislative history of a pro- organizing rules for employees of Fed- labeled a clarifying amendment. vision that one company believes will eral Express—not been added in con- Mr. President, supporters of this one give it the upper hand in negotiations ference, the Senate would most likely sentence argue that it is, in fact, a with some of its employees. This is the have adjourned several days ago. technical correction—a clarifying legislative history of a provision that Those who oppose the provision have amendment—and that it corrects a should be the subject of a hearing—but exercised their rights to debate it at mistake that occurred when the Con- it has never been the subject of a hear- length. So today there will be a cloture gress drafted and approved the legisla- ing, in either the House or the Senate. vote on the conference report. And tion eliminating the Interstate Com- This provision has never even been while I support the FAA reauthoriza- merce Commission. I am not on the debated in either the House or the Sen- tion bill, I will vote against cloture on Commerce Committee, and I am not fa- ate. It had never passed either body— this conference report for two reasons: miliar enough with the details of the and yet it found its way into the con- First, I strongly object to the proce- legislative language that was used ference report on this important legis- dure that was used to add this provi- when Congress eliminated the Inter- lation reauthorizing the Federal Avia- sion to the bill in conference. I under- state Commerce Commission to evalu- tion Administration. stand that under the rules, the con- ate the merits of that claim. It is deeply unfortunate that this ferees had the right to do what they I do know, however, that a technical highly controversial sentence has been did. However, what is legal is not nec- correction does not provoke the kind of attached to such a valuable piece of essarily prudent and constructive. controversy that this one sentence legislation. It is deeply troubling that Given the facts—that the underlying amendment has provoked. Technical this provision has never been the sub- bill is noncontroversial and a very im- corrections are, by definition, non- ject of a hearing or been debated on its portant and necessary measure to pass October 3, 1996 CONGRESSIONAL RECORD — SENATE S12225 this year, that we are now at the end of legislation in the conference. This is to prevent legislative deadlock. I rec- this session of Congress, and that the not the right way to legislate. ognize that in its more recent usage, it new provision is quite controversial— The language that was inserted by has become simply a test of super- adding such a provision in conference the Conference Committee into the majority strength on the one hand, and was bound to cause great turmoil. The FAA Reauthorization Act was deleted on the other, a defensive weapon for a conferees should have anticipated that by the ICC Termination Act of 1995 minority. But in overall terms, the it might endanger, or at the least, (Public Law 104–88), a law passed by Senate does need a mechanism that delay, passage of the underlying bill. Congress. That deletion was included will assure reasonable continuity of ac- I wish that the conferees had acted in the legislation when it was before tion and I am proud of my record of with greater prudence in the interest of the House and when it was before the cloture votes in that regard. passing the important FAA Reauthor- Senate and was a part of the con- Mr. KENNEDY. How much time re- ization legislation. ference report as adopted by both mains on each side? Second, I strongly oppose the labor Houses. It was not a modification made The PRESIDING OFFICER. On the provision itself. I am not an expert on in the enrollment process, as has been side of the Senator from Massachu- labor law or transportation law. But suggested. setts, there is 7 minutes, and 8 minutes after reviewing the law in question and Concerns have been expressed that on the opposing side. the facts of this case, I conclude that removal of this provision from the FAA Mr. KENNEDY. Mr. President, I yield the provision that was added is in fact reauthorization would greatly delay or myself 3 minutes. a special exemption from applicable kill this bill. That is not accurate. I Mr. President, we all know what is labor organizing rules for one com- support the FAA reauthorization. It is going on here. Make no mistake about pany. important for America and for Michi- it. We all know what is going on here. The provision’s supporters argue that gan. Virtually all Members of the Sen- This provision that is being put in is it is merely a ‘‘technical correction’’ to ate support this bill. There is a bill at not a technical amendment, meant to the Interstate Commerce Commission the desk in the Senate which contains correct an inadvertent drafting change. Termination Act of 1995. They claim all of the language of the FAA reau- The Congressional Research Service, that Federal Express is an ‘‘express thorization bill now before us with the the President, and the House Members carrier’’, not a ‘‘motor carrier’’ for pur- single exception that it does not con- who spoke on the floor explained that poses of labor organizing rules. tain the provision causing so much this is not a technical correction. Any Why is this classification so impor- controversy. The bill at the desk could fair evaluation of history would dem- tant? be taken up and passed immediately. onstrate that. For the working people, the employ- Regardless of the outcome of this clo- This rider is being added to the FAA ees of Federal Express, it makes all the ture vote, the FAA reauthorization is bill for Federal Express, now and for difference—between being able to orga- virtually certain to be enacted before the future. Federal Express is expand- nize like other employees of other com- this Congress adjourns sine die, as it ing its trucking operations. Where UPS panies across the country, on a local must be. is concerned, the air carriers are under basis, or having to organize nationally, It is now amply clear that issue in- the Railway Act and the truck drivers drastically reducing their ability to or- volved in the provision added in con- are under the National Labor Relations ganize. ference is a significant one. It can and Act. Initially, all of UPS was under the According to the Surface Transpor- should be the subject of hearings and National Labor Relations Act because tation Board, the agency that assumed full consideration by the appropriate they used only trucks. When they regulatory responsiblities of the ICC committees of jurisdiction. It can and added aircraft, the decision was made when it was terminated by Congress, in should be considered early in the 105th that UPS air carriers would be consid- a June 14, 1996 letter from Chairman Congress. ered under the Railway Labor Act. Linda Morgan, Federal Express was For these reasons, I will oppose the That is the same situation we have never considered to be an ‘‘express car- motion to invoke cloture. I will vote in here. Federal Express started out just rier’’ by the ICC. favor of final passage of the FAA reau- as an air carrier and now it wants to go Chairman Morgan states in that let- thorization bill which I strongly sup- into trucks. This is a preemptive strike ter that Federal Express, has always port. to make sure that workers at the local been classified as a ‘‘motor carrier’’, f level will not be able to have the same not an ‘‘express carrier’’. kind of justification for National Labor I believe the law and the facts are CLOTURE VOTE ON FEDERAL Relations Act coverage as they have at clear. Federal Express is and always AVIATION ADMINISTRATION RE- UPS or other companies. They are try- has been a ‘‘motor carrier’’, subject to AUTHORIZATION ing to manipulate the whole process the labor organizing rules of the Na- Mr. PELL. Mr. President, on the clo- and fix the game. tional Labor Relations Act, which al- ture vote, which was one of the last The fact is, Mr. President, they are lows employees to organize locally. votes—if not the last—I cast in this moving now, as their principal officers The provision that was inserted in body, I departed from my customary point out, they are now expanding. In the conference report is a special ex- practice of supporting cloture. I have the future, according to Federal Ex- emption from the labor organizing cast some 350 votes for cloture during press, only overnight packages travel- rules that apply to ‘‘motor carriers’’ my 36 years in the Senate, often at ing more than 400 miles will be flown; such as Federal Express. variance with my own party and usu- all others will travel on the road. The If the proponents of such an exemp- ally irrespective of the issues, except question is, are all of these trucks on tion wish to debate this proposal, they in extraordinary circumstances. the road going to be considered air car- have every right to introduce legisla- The vote today was one of those ex- riers? That is the logic. That is the tion, hold hearings on it, and try to traordinary cases. At issue was a provi- logic that is being presented here. move it through Congress. But I be- sion that would grant an exclusive ben- All we are trying to say is, let the lieve that it is inappropriate and im- efit to the management of one cor- National Labor Relations Board decide prudent to attempt to push it through porate entity, at the expense of long whether Federal Express’s truck driv- in a conference report in the last hours established principles of fair labor rela- ers should be under the National Labor of this session. tions. Moreover, the provision was Relations Act. If the workers can con- Mr. LEVIN. Mr. President, the con- added in circumstances that were at vince other workers to form a union, ference report now before us includes variance with customary legislative let them vote for a union. If they can- language which would restore the ex- practice and rules. So, in my view, the not, then they will vote against a press carrier classification within the only proper course was to oppose the union. But why have a legislative Railway Labor Act. This rider was not cloture motion in order to allow for interruption that strips them of their included in the FAA reauthorization consideration of alternative action. right to vote? bill as passed by either the House or As I leave the Senate, I continue to I come back to the fact, Mr. Presi- the Senate. It was inserted into the believe that cloture is a valuable tool dent, with all respect to my colleague S12226 CONGRESSIONAL RECORD — SENATE October 3, 1996 and friend from South Carolina, this ask that person, that employee of Fed- Republican leadership, the same Re- was attempted five times by the Re- eral Express, what they think of that publican leadership that advanced this publican leadership over in the House company. I say that because it is not in the House of Representatives. Five of Representatives. I do not question only one of the hundred best companies different times that were rejected. that there will be some Democrats here in our country, but they have a schol- That is the same leadership that who will support it. But there was vir- arship program, and they are going to fought the minimum wage and fought tually unanimous rejection by Demo- say this works wonderfully for our working people on the earned income crats in the House of Representatives families. They have a reimbursement tax credit; who fought working fami- of this rider because it is special-inter- program for tuition. They have ex- lies with regard to the Davis-Bacon; est legislation to undermine the rights tended health care. And they have have fought working families’ interests of working families, and a majority of many other programs that makes the with regard to education, and Mr. Democrats in the Senate this morning morale of this company I think second President, pension reform. Those inter- will vote likewise. to none. ests have cut back on the life blood of I reserve the remainder of my time. Mr. MCCAIN. Mr. President, I hope working families in order to have tax Mr. McCAIN. I yield 2 minutes to the that the Senator from Massachusetts breaks for the wealthiest individuals Senator from South Carolina. would extend the courtesy to me as and corporations. Mr. HOLLINGS. Mr. President, once sponsor of the bill to make a final That is the record of this attempt by again my distinguished friend from statement. the Republican leadership in the House Massachusetts has misquoted the mat- Mr. KENNEDY. I would be glad to. I and the Senate. It is a similar kind of ter of truck drivers’ rights. We have had Senator MURRAY who is coming to attitude that we are seeing now re- been saying this for 3 days. They say a the floor. I was trying to permit her 3 flected toward those workers who have man convinced against his will is of the minutes. legitimate grievances and are entitled same opinion still, but all I can do is Mr. LOTT. Mr. President, I want to to have that worked out by the Na- put in the entire decision. It is that all note, if I could, that I intend to use tional Labor Relations Board. of the truck drivers—and they are not leader time after all of the statements Mr. President, I withhold the remain- under the NLRA, the National Labor have been completed at approximately der of my time. Relations Act. They are under the 10 o’clock. Mr. President, how much time do I Railway Labor Act and have been, and Mr. KENNEDY. Mr. President, how have? decision after decision after decision much time remains? The PRESIDING OFFICER. The Sen- we put in, all the decisions found them The PRESIDING OFFICER. The Sen- ator from Massachusetts has 1 minute under the Labor Railway Act; none of ator from Massachusetts has 4 min- and 30 seconds. the decisions have found them under utes, and the Senator from Arizona has Mr. KENNEDY. I withhold that. Mr. MCCAIN. I take it then the Sen- the NLRA. 4 minutes and 49 seconds. ator from Massachusetts does not in- That is how they organized. Mr. Mr. KENNEDY. I yield myself 3 min- tend to allow me to make a final state- President, 90 percent of their carrier is utes. Mr. President, I would just say really ment. by air; 90 percent of UPS is on the sur- Mr. KENNEDY. I see my colleague in conclusion to my friend from Arkan- face, on the ground. That is the dif- and friend, as I indicated before, the sas and others that we had a series of ference. We even had the lawyer of the Senator from Washington, and I would workers that came yesterday and com- Teamsters Union in a hearing here ear- like to be able to yield to her for a mented. They have worked for Federal lier this year use the expression, the minute and a half. I will do that at this Express over a long period of time. difference between these companies is time, if the Senator would indulge. I Every one of those workers has a deep night and day, but here you get a polit- always intended to let the Senator sense of pride in their company. But ical jambalaya to fit into this silly fili- make it. I wanted to also extend the every one of them wonders why we are buster. courtesy to my colleague from Wash- changing the rules of the game because How can you get the truth out of ev- ington. they believe that they ought to be able erybody? Isn’t their any pride and con- Mr. MCCAIN. I thank the Senator. science in this body? A mistake was to have a vote on whether they should Mr. KENNEDY. The Senator from be able to organize or not organize. made. Everybody knows it was a mis- Washington has 11⁄2 minutes. take. We are trying to correct the mis- The fact remains that, if the situa- The PRESIDING OFFICER. The Sen- take. We are not changing the rights of tion is as described by the Senator ator from Washington. any parties whatever. But they are try- from South Carolina, these truck driv- Mrs. MURRAY. Thank you, Mr. ing to make a Federal case out of ers are all working under the Railway President, and I thank the Senator workers’ rights, slashing opportunities, Act, and there really is no necessity. If from Massachusetts. and everything else that they have put this decision has already been made, Mr. President, I rise today to support on the billboards. I would be ashamed there is no necessity to pursue this the efforts by the Senator from Massa- to put that thing up behind me. particular legislation. But the facts chusetts, Senator KENNEDY, and others, I yield the floor. belie that, and the facts belie it inde- in telling us to slow down and take a Mr. MCCAIN. Mr. President, I yield pendent of the Senator from Massachu- look at what we are doing in our rush one minute to the Senator from Arkan- setts and the Congressional Research to get out of town. sas. Service; independent of the Senator To me this is an issue of fairness. I The PRESIDING OFFICER (Mr. WAR- from South Carolina or myself; and, have listened carefully to the debate NER). The Senator from Arkansas. Mr. President, the administration has over the last 4 days. It is an issue of Mr. PRYOR. Mr. President, I am not made that same finding independent of fairness for thousands of working fami- going to discuss whether there was a the Senator from South Carolina or lies across this country, whether or not mistake or not. I think that has been myself. they will have the right to make sure bandied around quite a bit. I would like This is more than a technical change. that they can pay for their families’ to discuss the company itself. He can say it and repeat it. I can say it food on the table, send their children I have heard many of our colleagues, and say that it isn’t. But let us take to college, to have working conditions or heard about many of my colleagues, the independent evaluation. that are fair and reached in fair agree- talking about this being an antiworker Mr. President, this special interest ment. company, or this being an antiworker provision is going to be of enormous I know we all want to leave town. We cause that we are debating on the floor value and gain to one company—Fed- want to leave quickly. Everyone wants of the U.S. Senate. Mr. President, I eral Express—and to the disadvantage to get home. But let us not leave a leg- would challenge any colleague of ours of working families. acy of giving special treatment to one in the U.S. Senate to go out around The point that I am making and have company and leaving thousands of this town, or around this country, and repeated is that attitude with regard to workers for many years to come with- when they see a Federal Express work- working families has been exemplified out fair treatment in their employer I would challenge my colleagues to here on the floor of the U.S. Senate by ment. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12227 I thank the President. poster on the floor of this Senate enti- urgent and well-intended legislation I thank my colleague from Massachu- tled ‘‘Republican Attacks on the Mid- into one last occasion to score points setts for yielding the time. dle Class.’’ Mr. President, this is not a off each other? The people are pro- Mr. MCCAIN. Mr. President, I will partisan debate. Democrats and Repub- foundly disappointed, if not surprised, use my remaining time. licans are all equally responsible for that we have done so. Mr. President, I hope we will invoke this bill. The time has come, now that we have cloture and pass this important legisla- Mr. President, the Senate will soon all had our fun, to interrupt our politi- tion. vote on whether or not to invoke clo- cal posturing for just a moment and This conference report is the product ture on the FAA reauthorization bill. I free the FAA bill from the 1996 election of 2 long years of hard work and nego- want to emphasize to my colleagues campaign. Let us at last do what the tiations. All was done in the open. And the importance of this vote. A vote for people expected us to do when they over that period, Chairman PRESSLER, cloture is not, as the Senator from sent us to Washington—to take care of ranking member HOLLINGS, Senator Massachusetts would have you believe, their welfare, look after their inter- FORD, Senator STEVENS, and I have a vote against labor. A vote for cloture ests, protect them when they travel, heard from countless interests. We all on this bill is an affirmative vote. It is and help provide their communities worked hard to balance the competing a vote for airplane safety, for airport with the infrastructure necessary for views. I believe this bill represents a security, and for much-needed airport their communities to grow. thoughtful, balanced approach to this construction. It is a vote for jobs— This should not be a hard vote for subject. many thousands of jobs. any Member of the Senate. A vote for I will not repeat all that this bill The Senator from Massachusetts cloture should be an easy vote for us would do. The conference report was would like to use this bill in yet an- all. It is an easy vote because it is the not only read. But we have now de- other attempt to turn the upcoming right vote even if we must relinquish bated it for over 3 days. election into class warfare—using one Mr. President, soon the Senate will some small political advantage that small provision in this bill to accuse might be gained in casting the wrong vote on whether or not to invoke clo- Republicans who support this critically ture on the FAA Reauthorization Act. vote. Whatever that advantage be, its important legislation of abandoning value cannot compare to the value this I want to emphasize the importance of working men and women. Yet, as we all this vote. bill holds for all our States and for all know, the provision which the Senator our constituents. Let us act in the best A vote for cloture is a vote for air- finds so objectionable was sponsored by port and airline safety, for airport se- interests of all Americans, for that is a Democrat Member of the Senate, and in our own best interests as well. curity, for airport construction, and enjoys the support of a number of other for jobs. Make no mistake. This is I urge my colleagues, all my col- Senators from the other side of the leagues on both sides of the aisle, to much, much more than a vote about aisle. join with Senator FORD and I, with one provision in the bill. We must in- Mr. President, the election will be Senator HOLLINGS and Senator PRES- voke cloture on this bill. It must be here soon enough. passed. Mr. President, I ask unanimous con- SLER, with all the Democrats and Re- Mr. President, I know that some of sent for 3 minutes of leader time. publicans in both Houses of Congress, my colleagues, especially those on the The PRESIDING OFFICER. Is there with administration officials and the other side of the aisle, have already objection? Without objection, it is so leadership of Congress, with all of us left town and don’t want to return. ordered. who abandoned partisanship for the While I sympathize with their plight, I Mr. MCCAIN. Mr. President, the elec- sake of the public and vote for cloture. want the RECORD to note that not vot- tion will be here soon enough. I think Let us finish the work of the 104th Con- ing on this very important legislation the American people have heard all of gress and go home with pride, Repub- because of vacation plans, or campaign our political arguments already. Little lican and Democrat alike, in working activities, is not a valid excuse. Vaca- is to be gained by using the last piece together to improve our country in tions and campaigns can wait. They of legislation in the 104th Congress to that we have made Washington work cannot and should not take precedence underscore campaign slogans one more for the people. over the safety of the flying public. time at the cost of the security of the The PRESIDING OFFICER. The time We have all missed votes. But this is American people; at the cost, Mr. has expired. not just any vote. This is the last issue President, of the safety of the air trav- Mr. LOTT addressed the Chair. this Congress will deal with. This is an el in the United States; at the cost, Mr. The PRESIDING OFFICER. The ma- issue involving the safety of air travel President, of thousands and thousands jority leader is recognized. in this country. This is an issue of job of jobs. Is this really necessary so the Mr. LOTT. I yield myself as much creation. This is an issue of helping the Senator from Massachusetts can make leader time as I may consume. families who have lost loved ones in air one last attack on Republicans before The PRESIDING OFFICER. The ma- disasters. This is an issue of improving we adjourn? jority leader is recognized under leader our airports. Is one last bit of disingenuous, trans- time. Simply, this is an issue that cannot parent politicking really worth risking Mr. LOTT. First I want to emphasize, be delayed until next year. public safety? Is it really worth the Mr. President, this has been a biparti- Mr. President, according to experts cost of jobs and costs to our commu- san effort. I did not know the distin- at the Finance Committee, the Joint nities? guished Senator from South Carolina Committee on Taxation, and the Con- Mr. President, the FAA Reauthoriza- was in the Republican leadership yet, gressional Budget Office, money cannot tion Act had, up until the last few but he has been accused of that, I be spent on these needs unless this bill days, represented what works in Wash- guess, this morning because, in fact, it is enacted into law. We cannot wait ington. It is a completely bipartisan was his amendment that included this until next year. Such a wait may result bill drafted with the close cooperation provision in the bill, and Senator in months upon months of delay. of the administration. Republicans and PRYOR from Arkansas is supportive of For the safety of the flying public, I Democrats worked constructively in this legislation and Senator MOYNIHAN, appeal to my colleagues to support clo- both Houses of Congress without any Senators MCCAIN and STEVENS. It has ture and to support this bill. partisan rancor or gamesmanship to do truly been bipartisan. There is no ques- I want to note that this debate what is in the best interests of public tion about that. I think we should pro- should be a debate about aviation is- safety and to do what is in the best in- ceed from that standpoint. sues. It is not a partisan debate. It is terests of our communities. We have This morning, I am thinking about certainly not a debate about one com- done what the American people so ob- the families of victims of airline inci- pany. Those charges that this bill con- viously want us to do and what they dents and accidents that have to be tains a special interest provision is believe we too seldom do—put their in- still horrified at what they have been simply spurious. terests before our own. through and horrified at what we have Yesterday, and today, the senior Sen- Why must we now, at this late date, been doing for the last 3 days. We have ator from Massachusetts displayed a turn this sound, bipartisan, necessary, been delaying this very important FAA S12228 CONGRESSIONAL RECORD — SENATE October 3, 1996 reauthorization conference report, and Yuma Intl. Airport, AZ—Cargo apron ex- pass the legislation in an expeditious as a result of that delay we have pansion, cargo security, new terminal, en- manner. threats to radar, air traffic control hanced security for new terminal. I yield the floor, Mr. President. I ask equipment, navigation equipment, Scottsdale Airport, AZ—Aircraft rescue for the yeas and nays. and firefighting vehicle and fire station ($1.2 landing systems equipment that rem- million). The PRESIDING OFFICER. The edies air traffic control outages, Dopp- Phoenix Sky Harbor Intl. Airport, AZ— Chair wishes to advise the distinguish ler radar for wind shear, research and Construction of 3rd runway and residential leader that under rule XXII the yeas development, advancement of explosive soundproofing. and nays are automatic. detection systems, human factor re- San Bernardino County-Chino Airport, Mr. LOTT. I thank the Chair. CA—New runway construction ($10 million). search, aging aircraft. f This is big. This is important legisla- Buchanan Airport, CA—Taxi-ways and tion, and it is, over 2 years, $19 billion aprons near total failure ($5 million). CLOTURE MOTION for infrastructure security and safety. Oxnard Airport, CA—Replace aircraft rescue and firefighting vehicles ($247,000). The PRESIDING OFFICER. The This would be a senseless roll of the Greely-Weld County Airport, CO—Con- clerk, under the previous order, will re- dice, if we did not invoke cloture this struction of new runway ($32 million). port the motion to invoke cloture. morning, bring this filibuster to a con- Boulder Municipal Airport, CO—Security The assistant legislative clerk read clusion and move this legislation on lighting. as follows. through. Mr. LOTT. I also ask unanimous con- I remind my colleagues the House sent that an explanation of the fact CLOTURE MOTION has already acted responsibly, over- that this is a technical point be printed We, the undersigned Senators, in accordance with rule XXII of the Standing Rules of whelmingly moved this legislation, and in the RECORD. they are gone. What would be the situ- There being no objection, the mate- the Senate, do hereby move to bring to a ation if we did not bring this filibuster close debate on the conference report to ac- rial was ordered to be printed in the company H.R. 3539, the Federal Aviation Re- to a conclusion this morning? We RECORD, as follows: authorization bill: would not have any legislation, or if we FACT SHEET—CONFERENCE REPORT TO ACCOM- Trent Lott, Don Nickles, Strom Thur- had legislation that made changes it PANY H.R. 3539, THE FEDERAL AVIATION AU- mond, Jon Kyl, Judd Gregg, Slade Gor- would go back to the House and there THORIZATION OF 1996 ton, Paul D. Coverdell, Frank H. Mur- is great concern about when or if they A provision is contained in the Conference kowski, Craig Thomas, Harry Reid, would be able to get action on this leg- Report to accompany H.R. 3539 which makes Wendell Ford, Conrad Burns, Kay Bai- islation. We should act together this a technical correction to a drafting error ley Hutchison, John Breaux, Tom morning and end this filibuster and which was contained in the Interstate Com- Daschle, Arlen Specter. pass this legislation. merce Commission Termination Act of 1995. f Now, one other point. I do not under- The following outlines the problem, the stand the attacks on Federal Express. facts and the solution: CALL OF THE ROLL This is an outstanding company headed PROBLEM The PRESIDING OFFICER. By unan- by an outstanding individual. They are A drafting error in the Interstate Com- imous consent, the quorum has been providing services that 30 years ago we merce Commission Termination Act of 1995 waived. (P.L. 104–88) created an ambiguity affecting could not even comprehend. They are VOTE doing a great job, and yet they are the status of express carriers under the Rail- way Labor Act. The PRESIDING OFFICER. The being attacked as if they are some sort One provision (Sec. 10501) states the intent question is, Is it the sense of the Sen- of villain. It is absolutely wrong, the of Congress: ‘‘the enactment of the ICC Ter- ate that debate on the conference re- rhetoric we have had to listen to over mination Act of 1995 shall neither expand or port accompanying H.R. 3539, an act to the past 3 days on a technical point. contract coverage of the employees and em- amend title 49, United States Code, to Mr. President, I ask unanimous con- ployers by the Railway Labor Act. . .’’ reauthorize programs of the Federal sent that a list of what is involved in However, a second provision drops ‘‘express carriers’’ under the Railway Labor Act. This Aviation Administration shall be this legislation be printed in the brought to a close? The yeas and nays RECORD. was clearly inadvertent and in contradiction are automatic under rule XXII. The There being no objection, the mate- to the stated intent of Congress. clerk will call the roll. rial was ordered to be printed in the FACTS The legislative clerk called the roll. RECORD, as follows: Since the inception of the Railway Labor Mr. NICKLES. I announce that the HIGHLIGHTS OF FAA REAUTHORIZATION Act, ‘‘express carriers’’ have come under the Senator from Indiana [Mr. COATS], is CONFERENCE REPORT (H.R. 3539) law’s jurisdiction. The Railway Labor Act is designed to pro- Reauthorization of FAA—FY 1997, $9.7 bil- necessarily absent. tect the interests of employees covered by lion; FY 1998, $9.9 billion. I also announce that the Senator that Act and is not an ‘‘anti-labor’’ law. [In billions of dollars] from Colorado [Mr. CAMPBELL], is ab- For 62 years, employers and employees sent due to illness. Fiscal year— have been successfully governed by the provisions of the Railway Labor Act. Mr. FORD. I announce that the Sen- 1997 1998 ator from Vermont [Mr. LEAHY], is ab- SOLUTION sent on official business. Airport grants ...... $2.3 $2.4 A provision in the Conference Report to ac- The PRESIDING OFFICER. Are there Radar, air traffic control equipment, navigation equip- company H.R. 3539, the Federal Aviation Au- ment, landing systems [ILS] equipment that remedies any other Senators in the Chamber air traffic control outages doppler radar for wind thorization Act of 1995, states that if an ex- shear ...... 2.1 2.2 press company was under the Railway Labor who desire to vote? Operations ...... 5.2 5.4 Act prior to the enactment of the ICC Termi- The yeas and nays resulted—yeas 66, Research and development, advancement of explosive detection systems, human factor research, aging air- nation Act, then that express company shall nays 31, as follows: craft, air traffic control safety issues ...... (1) (2) remain under the purview of the Railway [Rollcall Vote No. 304 Leg.] Labor Act. 1 $20.8 million. YEAS—66 2 No authorization. Mr. LOTT. It is a small point. It reaf- Note: Research and Development levels include an additional $31 million Abraham D’Amato Hatch for security programs consistent with the Administration’s emergency request firms what has been the law for 62 Ashcroft Daschle Hatfield for funds. years. This is not a grab. This is not an Baucus DeWine Heflin effort to stomp somebody. This is an Bennett Domenici Helms CONSTRUCTION: PRO-WORKER BILL Bond Dorgan Hollings Kenai Municipal Airport, AK—Alaska Re- effort to be fair, to correct a clear over- Breaux Faircloth Hutchison gional Aircraft Firefighting Training Center sight; a mistake was made. We are try- Brown Feinstein Inhofe ($8 million). ing to correct that. That is all. Bryan Ford Inouye Anchorage Airport, AK—Rehabilitate run- Bumpers Frahm Jeffords This is so important. We should this Burns Frist Johnston way and lighting ($2.1 million). morning act together to stop the fili- Allakaket Airport, AK—Rehabilitate run- Chafee Gorton Kassebaum Cochran Graham Kempthorne way and lighting ($5.5 million). buster, pass this legislation and go home for the sake of the American peo- Cohen Gramm Kyl Deadhorse Airport, AK—Construct aircraft Conrad Grams Lott rescue and firefighting building ($3.5 mil- ple. I urge my colleagues, let us vote Coverdell Grassley Lugar lion). together. Let us invoke cloture and Craig Gregg Mack October 3, 1996 CONGRESSIONAL RECORD — SENATE S12229 McCain Pryor Snowe FAA bill without the Federal Express committees are permitted to add com- McConnell Reid Stevens Murkowski Roth Thomas provision. The House is still in session pletely extraneous matters in con- Nickles Shelby Thompson to receive and pass that bill. Having ference, that is, if the point of order Nunn Simpson Thurmond made that point of order, I have no ob- against such conduct becomes a dead Pressler Smith Warner jection to the unanimous consent re- letter, conferees will acquire unprece- NAYS—31 quest. dented power. They will acquire the Akaka Kennedy Pell The PRESIDING OFFICER. Without power to legislate in a privileged, Biden Kerrey Robb objection, it is so ordered. unreviewable fashion on virtually any Bingaman Kerry Rockefeller Mr. LOTT. Parliamentary inquiry. I subject. They will be able to com- Boxer Kohl Santorum pletely bypass the deliberative process Bradley Lautenberg Sarbanes understand there would be the debate Byrd Levin Simon time which would be followed by a rul- of the Senate. Dodd Lieberman Specter ing from the Chair. Mr. President, this is a highly dan- Exon Mikulski Wellstone The PRESIDING OFFICER. That is gerous situation. It will make all of us Feingold Moseley-Braun Wyden less willing to send bills to conference Glenn Moynihan correct. Harkin Murray Mr. LOTT. I yield the floor, Mr. and leave all of us vulnerable to passage of controversial, extraneous legis- NOT VOTING—3 President. Mr. KENNEDY addressed the Chair. lation any time a bill goes to con- Campbell Coats Leahy The PRESIDING OFFICER. The Sen- ference. The PRESIDING OFFICER. On this ator from Massachusetts is recognized. I hope the Senate will not go down vote, the yeas are 66, the nays are 31. Mr. KENNEDY. As I understand it, I this road. Today the narrow issue is Three-fifths of the Senators duly cho- have 10 minutes. Is that correct? the status of one corporation under the sen and sworn having voted in the af- The PRESIDING OFFICER. The Sen- labor laws. But tomorrow the issue firmative, the motion is agreed to. ator from Massachusetts is recognized might be civil rights, States’ rights, Mr. LOTT addressed the Chair. for a period not to exceed 10 minutes. health care, education, or anything The PRESIDING OFFICER. The ma- Mr. KENNEDY. Mr. President, we are else. It might be a matter much more jority leader, Senator LOTT, is recog- moving toward the conclusion of this sweeping than the labor law issue that nized. issue. But this is an extremely impor- is before us today. f tant issue, and I would invite our col- So for this vital institutional reason, leagues’ attention. I strongly urge the Senate to uphold POINT OF ORDER Mr. President, in just a few moments the ruling of the Chair on the point of Mr. LOTT. Mr. President, I under- the Chair will rule whether this par- order. This vote is not about the FAA, stand that if a point of order were ticular provision is inside the scope or and it is not even about Federal Ex- raised that the pending FAA con- outside the scope of the conference. I press; it is a vote about whether this ference report exceeds the scope of the have every expectation that the Chair body is going to be governed by a neu- conference committee, that the Chair will rule that it was outside the scope tral set of rules that protect the rights would rule that the conferees did ex- of the conference. Then we are going to of all Members, and by extension, the ceed the scope with respect to the so- be asked whether we are going to sus- rights of all Americans. If the rules of called Federal Express provision. If the tain the Chair or overrule the Chair. I the Senate can be twisted and broke point of order is raised and sustained, would like to address that issue and and overridden to achieve a momen- the conference report would then fall. what it means in terms of the future of tary legislative goal we will have di- This would mean, as we pointed out this institution and the future of var- minished the institution itself. The PRESIDING OFFICER. The earlier, billions of dollars lost in con- ious conference reports. struction funds, hundreds of thousands Mr. President, I want to remind my Chair recognizes the Senator from Alaska. of lost jobs, and a significant reduction colleagues of the long-term signifi- Mr. STEVENS. Mr. President, this is in air traffic safety. That would be cance of a vote to overturn the ruling a rather difficult situation. We have jeopardized. of the Chair on this important point. just passed, recently, a Defense appro- Needless to say, the Senate should Last year the junior Senator from priations bill. I was the chairman of not let this vital piece of legislation be Texas, Senator HUTCHISON, offered an that conference. Before it was over, we killed on this point of order, and hav- amendment regarding the Endangered had a whole series of other bills, a se- ing just had a vote of 66 to 31 to cut off Species Act to an appropriations bill. ries of legislative items. It was not nec- the filibuster. In order to facilitate the The Chair ruled that the amendment essary to raise a point of order. Every- vote, I raise a point of order that the would constitute legislation on an ap- body knew we exceeded the scope of the conference report exceeds the scope of propriations bill, but the body over- conference. the conference committee and ask turned the ruling of the Chair. I ask any chairman of a conference if unanimous consent that there now be That vote set a precedent. As a result he or she has ever really been totally 20 minutes for debate prior to the of that vote, a point of order that an restricted by this rule? This is an ex- Chair’s ruling, to be equally divided be- amendment constitutes legislation on traordinary time where we are in the tween Senators KENNEDY and STEVENS. an appropriations bill is no longer last hours of this Congress. When the Senator MCCAIN will participate in available to Senators. To pass that sin- leader became aware that Senator KEN- that. I have discussed this with Sen- gle amendment, the Senate gave up an NEDY was going to raise this point of ator KENNEDY. He understands that I important aspect of our rules, one that order, the leader determined to raise it would make this point of order. has served to protect the rights of all himself. I take it that having done The PRESIDING OFFICER. Is there Members of this body. The point of that, there is no question this is a rath- objection? order before us right now provides an er significant occasion. I hope it will be Mr. KENNEDY. Reserving the right even more important protection to all a rather narrow precedent. to object. Members. I point out to the Senate that this The PRESIDING OFFICER. Objec- The rule that a conference commit- provision is not the only matter that tion is heard. tee cannot include extraneous matter exceeds the scope of the conference. We Mr. KENNEDY. Reserving. is central to the way that the Senate had to include, at the administration’s The PRESIDING OFFICER. Reserv- conducts its business. When we send a request, special authority for the exec- ing. bill to conference we do so knowing utive branch to purchase and deploy Mr. KENNEDY. I do not intend to ob- that the conference committee’s work explosive detection devices. We put in ject. I want to point out that the rejec- is likely to become law. Conference re- here the provisions that pertain to the tion of the conference report does not ports are privileged. Motions to pro- rights of survivors of victims of air mean the loss of money or jobs or safe- ceed to them cannot be debated, and crashes. We put in provisions requiring ty. If the report is rejected, the Senate such reports cannot be amended. passenger screening companies to be can quickly and unanimously pass the So conference committees are al- certified by the FAA. That is not re- bill that is at the desk, enacting the ready very powerful. But if conference quired under any existing law. We put S12230 CONGRESSIONAL RECORD — SENATE October 3, 1996 in restrictions on underage pilots, fol- the conference. The measure under dis- Mr. KENNEDY. I yield such time as lowing the one disaster that involved a cussion here was at least in the con- the Senator may consume. young girl who was a pilot. We put in ference. The FBI with $60 million, the Mr. FEINGOLD. I want a moment to a provision requiring the FAA to deal Prevention Council, various appropria- say a word about the point-of-order with structures that interfere with air tions for the EDA, the SBA, I could go issue. A point was made by the Senator commerce. down the list. from South Carolina, I believe, that My point is, as we get to the end of I am confident I can get support now the same type of point of order could a session, we, of necessity, include in a when I remind the distinguished Sen- have been raised with regard to the bill extraneous matters totally beyond ator from Massachusetts—the Massa- continuing resolution earlier this the scope. We know they are beyond chusetts Biotechnology Research Insti- week. I have not examined the issue the scope. As the chairman of the De- tute, I am constantly getting a little closely, but I imagine that is true. But fense Appropriations Committee, I card from my distinguished friend, and we should reflect a moment on the con- knew all those items we brought to the I love to do it. He said, you have to cept of what that was about versus the floor earlier this week were beyond the take care of me up there in Boston, and willingness of this body, perhaps, to scope of the conference, but we did not I said, I am glad to do it. It was not in overturn its own rules on something anticipate anyone would raise a point either the House or the Senate, but I that is so specific to one corporation of order. think we can get it in. We do that. I that it seems almost astonishing. Anticipating that Senator KENNEDY hope he can vote with me on this par- To what extent are we going to go as would bring this point of order before ticular overriding of the Chair’s ruling. a body in the future in changing our the Senate, the leader made this point Mr. STEVENS. Mr. President, on an- rules, undoing our rules, overruling a of order. I ask the Senate to keep in other matter, I announce we will have point of order, to accommodate one mind this will be a rather limited a Governmental Affairs Committee provision that only has to do with one precedent, in my opinion. I do not meeting as soon as this vote starts in matter? I think there is a huge dif- know whether the Chair will agree S–128 to consider reporting a nomina- ference. I am not even sure it was ap- with me, but clearly when you get to tion at the request of the administra- propriate with regard to the continuing the end of a Congress some things have tion, for the Administrator of the Gen- resolution. I happen to have voted to be done. We did not have time to eral Service Administration, and other against it in part for that reason. take up separate bills. We held a hear- nominations. I ask unanimous consent Surely, for us to start engaging in ing on the bill in the Senate Commerce that be in order. overruling points of order to benefit The PRESIDING OFFICER. Without Committee dealing with the rights of the needs of one corporation to try to objection, it is so ordered. victim-survivors of air disasters. They overturn what is a continuing litiga- Mr. KENNEDY. Mr. President, I will tion or to affect the results of continu- pleaded with us to include that bill in not delay the resolution of this issue, ing litigation is a very troubling prece- this legislation. We have done so. but the issue is not germaneness. That In other words, this point of order is is not the issue, whether this is ger- dent for this body, as the Senator from not only valid, in my judgment, mane. The issue is whether this mate- Massachusetts has indicated. against the amendment offered by Sen- I thank the Chair. rial is outside the scope of what was ator HOLLINGS, but against the other sent to the Congress in the House and f provisions where we have exceeded the the Senate. That is the issue. RULE 28 CHALLENGE TO THE FAA scope in various matters on this bill. I Today, it is a labor provision. Tomor- CONFERENCE REPORT ask the Senate, when the time comes row, it may be water in the West, it Mr. PRESSLER. Mr. President, the to vote, to overrule the Chair. It will may be land in the West, it may be Senate soon will be voting on the mo- not be debatable, but I clearly expect a civil rights, it may be health care, it tion to overrule the decision of the ruling from the Chair that this report may be any other issues which Mem- Chair with respect to the ruling that does exceed the scope of the conference bers have some interest in. There is no section 1223 of the conference report under the rules and, in these cir- such thing as a narrow precedent. We pending before the Senate violates rule cumstances, I ask that the ruling of have had the precedent that was estab- 28 of the Senate by exceeding the scope the Chair be overturned. lished about legislation on an appro- of the authority of the conference com- I yield to Senator MCCAIN. priation by KAY BAILEY HUTCHISON. Mr. MCCAIN. Mr. President, I yield That has changed. mittee. As chairman not only of the such time as remains to the Senator Certainly, the rules that govern this Committee on Commerce, Science, and from South Carolina. institution for the better part of my Transportation which is the committee Mr. HOLLINGS. Mr. President, with service in the U.S. Senate—now we are of jurisdiction in the Senate, but also respect to this particular point of talking about a very significant and as chairman of the conference commit- order, it would not set any precedent important difference—whether these tee that produced this report, I rise to relative to anything dealing with the matters are outside the scope. That is ask my colleagues to overturn the rul- merits of the matter. It is dealing, once the issue, not whether it is germane or ing of the Chair in this matter. again, basically with a fundamental not germane, but whether it is outside Do I do so because I believe the provi- mistake made in the drafting of a the scope. The House Parliamentarian sion was, in fact, within the scope of measure that was caught some 2 ruled it was outside the scope, and that the conference? No, Mr. President, I months later, never discussed, never is why the House of Representatives admit this section, added by an amend- voted on and, of course, there were no had to have a separate vote. ment offered by the distinguished Sen- hearings, or what have you. Now we are going to have a judgment ator from South Carolina, and the So what we have done is taken this about whether it is inside the scope or ranking member of the Commerce opportunity on a very germane matter, outside the scope. If the judgment is Committee, Senator HOLLINGS, was not Federal Express is the sixth largest air- made that it is inside, I hope that contained in the legislation as initially line in the country, and brought in this would support the Chair. If it was made passed by either the House or the Sen- particular correction. It has nothing to that it was outside, that we would sup- ate. I am also fully aware that Rule do with the merits of anything and no port the Chair as well. It reflects, and 28.2 of the Standing Rules of the Sen- precedent will be set when we overrule will reflect for years to come, the ate clearly states a conference commit- this Chair. whole basic institutional integrity of tee ‘‘shall not insert in their report Mr. President, I can tell you cat- this body and how it will consider con- matter not committed to them by ei- egorically, if this kind of a point of ference reports into the future. It is ther House.’’ order was made on Monday, we would very important, significant, and power- However, Mr. President, those on the have had to close down the Govern- ful. opposite side of the issue know full ment. You can go down and list the How much time remains? well that this is done with some fre- various things—$249.8 million emer- The PRESIDING OFFICER. The Sen- quency when a particular situation ne- gency appropriations for counter- ator from Massachusetts has 4 minutes cessitates such action. Those Members terrorism that was not in the bill or in remaining. also know that as a result, sections in October 3, 1996 CONGRESSIONAL RECORD — SENATE S12231 many, if not most of the conference re- wasted far too much time already on from Alaska, Senator STEVENS, whose ports considered in this body would be this point. legislative skill and leadership contrib- subject to this same point of order. Do I will simply summarize what I have uted greatly to this legislation. Sen- we raise such points of order? No, Mr. already said. This is not about unfairly ator STEVENS’ dedication to improving President, we do not. Why? Because all granting a special interest provision to aviation safety and improving the Members know full well that this is a single large corporation. Interest- treatment of families of aviation disas- how we conduct our business and have ingly, none of the Members that have ter victims is exemplary. done so throughout our history. raised that point on the floor of the Let me also commend and thank my Indeed, in this very conference re- Senate over the last 3 days served on good friend from South Carolina, the port, if we are to fully and fairly adopt the ICC conference last December that ranking member of the Commerce the line of reasoning that section 1223 started all this. Thus, they simply are Committee Senator HOLLINGS, who pro- exceeds the scope of the conference, we not in a position to know the facts. vided important leadership on this bi- need to look at several other sections Who does know the facts, Mr. Presi- partisan legislation. Also, let me ac- of the report added by the conference dent? Those of us who actually served knowledge the efforts of Senator FORD, committee I chaired that were in nei- on the ICC conference. Those of us who the ranking member of the Aviation ther the House nor Senate passed ver- were actually in the room. Those of us Subcommittee. sions of the underlying legislation. Let who actually wrote the conference Mr. President, I would be remiss if I me give a few examples. agreement. I was there, Mr. President. failed to acknowledge the outstanding Section 302 of the conference report I know what did and did not happen contribution staff from the Commerce directs the Administrator of the Fed- and what was and was not agreed to. Committee and personal offices made eral Aviation Administration to certify The Senator from South Carolina was in this process. For the past 2 years, companies providing security screening there, Mr. President. He too, knows staff has worked literally thousands of and to improve the training and test- what we were about. We made a mis- hours on this legislation. From the ing of security screeners through devel- take. We inadvertently changed a sec- Commerce Committee, I wish to com- opment of uniform performance stand- tion of Federal law we never voted to mend the outstanding efforts of Paddy ards. Mr. President, this provision ap- change. That is why Senator HOLLINGS Link, Tom Hohenthaner, Mike Reyn- pears in neither the House nor the Sen- offered this amendment in conference olds, and Mike Korens from the major- ate bill. It was added in conference and why we included section 1223 in the ity staff and Kevin Curtin and Sam after it was made as one of the rec- conference report. We needed to cor- Whitehorn from the minority staff. I ommendations of Vice President rect our mistake. It starts there and it also want to commend the outstanding GORE’s Commission on Aviation Secu- ends there Mr. President. We were efforts of Chris Paul of Senator rity, of which I am proud to be a mem- doing nothing more or less than fixing MCCAIN’s staff, Mitch Rose and Earl ber. It was included by the conferees an unfair situation we created in an- Comstock of Senator STEVENS’ staff, because it was determined to be impor- other bill. Amy Henderson of Senator HUTCHISON’s tant enough for this Nation’s airline Finally, Mr. President, those sup- staff and Tom Zoeller of Senator security that Congress should not wait porting the ruling of the Chair warn us FORD’s staff. until next year to enact the rec- that we are setting a very dangerous I thank them all for all the profes- ommendation. precedent if we overrule the Chair on sionalism, dedication and hard work For similar security reasons, the con- this point of order. We are warned this during both good times and bad. I ference included Section 305(b) giving will only be the beginning. That soon think the final bill embodies the true the FAA Administrator authority to we will be faced with conference re- spirit of bipartisan compromise and co- deploy Government purchased explo- ports changing civil rights laws and operation that is the mark of excel- sive detection devices. Mr. President, I making major revisions to health care. lence in the legislative process. All in- would point out that this provision was Mr. President, I prefer to give my col- volved should be proud. considered by the conferees at the re- leagues more credit than that. Obvi- Mr. LOTT. Mr. President, parliamen- quest of the administration. Both the ously, if, for example, a conference tary inquiry. Has all time expired? administration and members of the committee on a Commerce Committee The PRESIDING OFFICER. The conference knew it was an important bill like this one produces a report that Chair wishes to inform the Senate that part of efforts to improve aviation se- rewrites our civil rights laws a point of the Senator from Alaska has 3 minutes curity in this country. I have to admit, order surely will be raised. Just as ob- 37 seconds; the Senator from Mr. President, as such not much viously, such a point of order would Massachussets has 2 minutes 50 sec- thought was given to whether it was likely be sustained by a huge majority onds. technically within the authority of the of the Members of this body. But that Mr. LOTT. We are prepared to yield conference committee to act. is not what we are talking about. What back. As final examples I would cite sec- we are voting on today is whether to Mr. STEVENS. I yield back the re- tion 503 concerning studies of mini- allow this Conference Committee to fix mainder of my time. mum standards for pilot qualifications Mr. KENNEDY. I yield my time. an honest mistake. It is that simple. I The PRESIDING OFFICER. All time and of pay for training and section 1220 urge my colleagues to vote to overturn having been yielded, it is the opinion of concerning structures interfering with the ruling of the Chair. the Chair that the conference report air commerce. Again, neither was in Mr. President, let me also take just a exceeds the scope, and the point of the House or Senate bills. Again, the moment to thank those individuals order is sustained. conference acted because it was impor- who have been so instrumental to the Mr. LOTT. Mr. President, I appeal tant that Congress deal with the mat- passage of this critical legislation. As the ruling of the Chair and ask for the ters. has already been said, this process has yeas and nays. Mr. President, no Member has risen taken the better part of the last 2 The PRESIDING OFFICER. Is there a to raise a rule 28 point of order against years. It would not have been possible sufficient second? these provisions. Why? Because none without a great deal of dedication and There is a sufficient second. has become so unfairly politicized as hard work on the part of many of my The yeas and nays were ordered. section 1223. Indeed, the fact that the colleagues and some very talented staff The PRESIDING OFFICER. The Senator from Massachusetts has raised work. question is, Shall the decision of the the scope issue only against this one My good friend from Arizona, Sen- Chair stand as the judgment of the section of the report seems to indicate ator MCCAIN, has been a driving force Senate? On this question, the clerk will he may be less interested in the sanc- behind this legislation. Senator call the roll. tity of the Senate rules than he is in MCCAIN skillfully managed this legisla- Mr. KENNEDY. Mr. President, par- making a political statement. I cer- tion and his outstanding work and liamentary inquiry. A ‘‘yea’’ vote is to tainly will not waste the Senate’s time leadership helped make this significant sustain the Chair? by rehashing the arguments made over legislative accomplishment possible. I The PRESIDING OFFICER. The Sen- the last 3 days. Lord knows we have also want to commend my good friend ator from Massachusetts is correct. S12232 CONGRESSIONAL RECORD — SENATE October 3, 1996 The clerk will call the roll. over how much the airport owes the the FAA’s mission. On June 18, the The bill clerk called the roll. city. I understand that the debt has al- Secretary of Transportation, Federico The PRESIDING OFFICER. Are there ready been repaid to the city once. Pen˜ a, called on Congress to any other Senators in the Chamber The Secretary of Transportation ‘‘* * *change the FAA charter to give who desire to vote? must recognize that he has the tools to it a single primary mission: safety and Mr. NICKLES. I announce that the enforce the law against illegal revenue only safety.’’ By removing the ‘‘dual Senator from Indiana [Mr. COATS], the diversion. First, he has the power to and dueling missions’’ of safety and air Senator from Texas [Mr. GRAMM], and withhold grants for other, nonaviation carrier promotion, both the FAA and the Senator from New Hampshire [Mr. purposes. The Federal Aviation Reau- the public will know that safety is the GREGG], are necessarily absent. thorization Act contains even broader sole mission of the agency. I intro- I also announce that the Senator discretion for the Secretary and I urge duced S. 1960 earlier this year with from Colorado [Mr. CAMPBELL] is ab- him to send the message, loud and Chairman PRESSLER to carry out the sent due to illness. clear, that revenue diversion will not Secretary’s request, and the Senate- Mr. FORD. I announce that the Sen- be tolerated. Under our bill, the Sec- passed version of this bill included pro- ator from Vermont [Mr. LEAHY] is ab- retary may withhold grants and appor- visions I authored that established a sent on official business. tionments from any airport sponsor, or process for elimination of the mandate. The result was announced—yeas 39, any multimodal transportation agency I am pleased that the conference report nays 56, as follows: to which the sponsor is a member, if will lay this issue to rest, once and for the sponsor diverts revenue illegally [Rollcall Vote No. 305 Leg.] all by allowing the FAA to focus solely off of the airport. Furthermore, the YEAS—39 and deliberately on assuring the safety Secretary is empowered to redeposit of air travel. Akaka Glenn Moseley-Braun that money with the airport. The Sec- Baucus Graham Moynihan Another important aspect of this bill Biden Harkin Murray retary should exercise this authority addresses an area that has been trag- Bingaman Heflin Nunn and restore the money to LAX so that ically overlooked—the needs of the Boxer Helms Pell the important safety and security work families of crash victims. The loss of a Bradley Kennedy Robb needed on the airport can move for- Bumpers Kerrey Rockefeller loved one in any accident is devastat- Byrd Kerry Santorum ward. ing. But this loss should not be Daschle Kohl Sarbanes Finally, I want to state that H.R. compounded by the careless treatment Dodd Lautenberg Simon 3539 contains a pilot program for five of their family, and we have all heard Dorgan Levin Specter airports. It would allow the Secretary Exon Lieberman Wellstone heartbreaking stories of family mem- Feingold Mikulski Wyden to approve a long-term lease, which bers who learned of the death of their would include permitting revenue di- loved one from CNN because the airline NAYS—56 version. The conferees were very con- could not or would not verify that they Abraham Ford Mack cerned about the ability to divert reve- were on the plane. I believe that we can Ashcroft Frahm McCain nues under a privatization scheme. Bennett Frist McConnell and must change the way families of However, Los Angeles was the real con- Bond Gorton Murkowski plane crashes are treated. This bill will Breaux Grams Nickles cern. As a result, we limited the num- take some very important steps—such Brown Grassley Pressler ber and type of airports eligible for the Bryan Hatch Pryor as requiring airlines to have a disaster pilot program. The Secretary should be Burns Hatfield Reid plan in place, putting the National aware that a large airport that contin- Chafee Hollings Roth Transportation Safety Board [NTSB] in Cochran Hutchison Shelby ually frustrated the clear intent of charge of overseeing family advocacy Cohen Inhofe Simpson Congress would clearly not meet the Conrad Inouye Smith criteria for privatization contained in and requiring that airlines have ade- Coverdell Jeffords Snowe quate toll-free phone lines available for Craig Johnston Stevens H.R. 3539. D’Amato Kassebaum Thomas Ms. SNOWE. Mr. President, I want to families in order to ensure they can get DeWine Kempthorne Thompson express my support for the conference through when emergencies occur. We Domenici Kyl Thurmond still need to do more, but these provi- Faircloth Lott Warner report before the Senate which will Feinstein Lugar help improve the safety and security of sions are a necessary first step. air travel in this country. I wish to Regardless of the outcome of the in- NOT VOTING—5 vestigation into the causes of the crash commend Senator PRESSLER, Chairman Campbell Gramm Leahy of TWA flight 800, the fact that it could Coats Gregg of the Senate Commerce Committee and Senator MCCAIN, Chairman of the have been downed by a bomb shocked The ruling of the Chair was rejected Aviation Subcommittee for their dili- us all. The conference report returns as the judgment of the Senate. gent work in bringing this bill to com- our attention to the need to address Mr. LOTT. Mr. President, I move to pletion prior to the adjournment of the the serious issue of security at our air- reconsider the vote. 104th Congress. ports. Again, it is only a first step, and Mr. STEVENS. I move to lay that In the past 5 months, the Federal the 105th Congress will be tasked with motion on the table. Aviation Administration [FAA] has following through on the guidelines we The motion to lay on the table was come under intense scrutiny. After have laid down in this bill, as there is agreed to. ValuJet flight 592 was swallowed by much that needs to be done and many f the silt and tall grass of the Everglades questions the FAA still has to answer about why we do not have one explo- REVENUE DIVERSION in May, the issue of FAA’s ability to ensure the safety of the traveling pub- sive detection device ready for installa- Mr. FORD. Mr. President, I want to lic was brought into question. On July tion at our airports—despite the provi- bring to my colleagues attention a 17, the explosion of TWA flight 800 min- sions of the 1990 Aviation Security Im- very grave situation involving the ille- utes after leaving New York’s Kennedy provement Act which required their in- gal diversion of revenues at Los Ange- Airport heightened public concern over stallation by 1993. les International Airport. As I under- not only the safety of our airplanes but Mr. President, I hope my colleagues stand it, the Mayor of Los Angeles the security of our airports as well. will join me in supporting passage of transferred $31 million from the airport This conference report cannot answer the FAA reauthorization conference re- treasury to city coffers last week. Sen- all of the questions surrounding these port. ator MCCAIN and I have worked to- two devastating tragedies, but it does Mr. HOLLINGS. Mr. President, the gether on legislation to prevent illegal give the FAA the guidance and many of Senate Commerce Committee and its revenue diversion. During our delibera- the tools it needs to regain the public’s Aviation Subcommittee have worked tions, we were very aware of the City trust. And it reaffirms the commit- hard to put together the Federal Avia- of Los Angeles’ efforts. I want to make ment of the Congress to end that status tion Authorization bill. The conference clear that the action taken last week is quo at the agency. report on H.R. 3539 represents a fair clearly illegal. The amount paid is ap- First and foremost this bill will once compromise on many issues. My col- parently based on an age-old dispute and for all eliminate the question of leagues, Senator MCCAIN and Senator October 3, 1996 CONGRESSIONAL RECORD — SENATE S12233

FORD, have spent a lot of time and ef- whether it is by placing it off budget, ate with near unanimous, if not unani- fort to develop the legislation. It is a by fees, or by taxes. The goal is to mous, support. However, I cannot ac- complex bill that seeks to provide a fu- make sure money collected from pas- quiesce in this ploy to circumvent nor- ture foundation for the Federal Avia- sengers on air carriers goes to the mal Senate procedure, and thus will tion Administration [FAA], for air FAA. vote against cloture at this time. service to small communities, and for AVIATION SECURITY There have been no hearings on the so- our Nation’s airports. The bill address- Aviation security is an extremely called express carrier provision. Until es the fundamental needs to the na- complex issue. It involves technology, it was presented to us as a non-ger- tional air travel system. Passengers personnel, intelligence information, mane provision in an unamendable con- must be sure that safety is the FAA’s national security, and a recognition ference report, it was never debated on primary mission, that security meas- that there are people willing to commit the floor of the Senate. The provision ures are improved, that we have heinous crimes aimed at our Govern- was not included in either the House or enough safety inspectors with the tools ment and our citizens. The bill pro- the Senate version of the FAA author- to do their job, and that our Nation’s vides for a safety commission. I want ization bill, nor had it been approved as airports have the money to remain to make clear that the commission is part of any other legislation passed by safe. This bill does that. The bill also intended to complete the work of the the House or the Senate. Hence I be- establishes a series of task forces to de- Vice President’s task force. lieve it was most irregular for the con- termine the best way to fund the agen- Investigators in New York have not ference committee to even have taken cy. yet identified the cause of the crash of up this issue, much less to have in- Key provisions in the bill will make TWA flight 800, and numerous options serted it into this conference report. If the debate on the Senate floor the FAA a more autonomous agency— are being considered. We have to let these past few days has told us any- with the ability to make its own deci- the investigators complete their mis- thing, it has told us quite clearly that sions concerning regulations, person- sion. The National Transportation this rider is anything but a non- nel, and procurement. The bill changes Safety Board, the Navy, the FBI, and controversial technical issue. Hearings the funding formulas for the Airport State and local personnel are working should be held, the ramifications of Improvement Program, providing more hard to determine the cause of the ac- this change in the law should be fully money for those airports most in need cident. We do know this, however—the of Federal help. The beneficiaries, explored, interested parties should be public deserves the best technology op- given an opportunity to express their mainly smaller airports, will receive erated by the best trained individuals, higher entitlements. In South Caro- views, and Members of Congress should to reduce the risks of a terrorist at- be able to offer amendments. lina, some airport projects are under- tack. way and need funding to continue. Mr. President, it is my understanding Another thing is clear—security is that there has been no designated ex- Other worthy projects in my State can- going to be costly. The FAA has esti- not begin without money from the Air- press carrier operating for some 20 mated that it will cost as much as $2.2 years and that Federal Express was not port Improvement Program. Security, billion to install up to 1,800 machines when the ICC existed, and is not now, a critical issue, also is addressed. The at 75 airports. Today, there are ap- an express carrier. Hence the action of bill for example, requires that security proximately 14,000–18,000 screeners, the Congress in deleting this obsolete screening companies be certified by the paid an average of $10,000 to $15,000 per designation, in the course of terminat- FAA. The bill will facilitate the instal- year. These screeners are one line of ing the Interstate Commerce Commis- lation of explosive detection equip- defense, but a critical one in the fight sion, last year still seems entirely ap- ment. against terrorism. They need training, There is one section in the bill on propriate. If there is a case to be made and they need to be paid in accordance for the resurrection of this outdated privatization that the conferees spent a with their responsibilities. The present designation, then let us see a separate good deal of time discussing. The provi- turnover rate among these employees piece of legislation, let us see some sion continues to trouble me. Under is extremely high. Unless we change hearings, let the normal legislative the legislation, an airport can be the way we provide security, we cannot process make the case for why the privatized and still receive a Federal upgrade it. All the technology in the change is needed. The very process by grant. If the private sector believes it world still requires a person to watch a which this matter is finally presented can suddenly revitalize airports with screen, listen to alarms, and be able to to the Senate—in a conference report claims of new money, why does the recognize materials that should not go at the very end of the session—makes Federal Government have to provide on board an aircraft. me suspect that the issue deserves a corporate welfare? The Federal Govern- No matter what we do, safety comes much closer look than we are able to ment has a clear interest in our Na- first. Nothing should go onto an air- give it in this setting. tion’s airports. We have helped design craft without being screened. Cargo, Mr. DASCHLE. Mr. President, I them, have provided all sorts of equip- company material, and baggage all would like to thank Senator FORD, the ment to make them safe, and have should be subject to inspection. ranking member of the Commerce Sub- funded them. The U.S. Government and Security changes may require a fun- committee on Aviation, and Senator U.S. taxpayers have an investment in damental alteration in the way air car- MCCAIN, the chairman of that commit- them. The provision that allows air- riers provide services. Longer lines can tee, for all the time and effort that port privatization permits airports to be expected. Unfortunately, it is a they have put into the FAA reauthor- be turned over to a private company. price we must pay to deal with people ization bill. The fact that the Senate The Federal Government does not get a in this world willing to stop at noth- unanimously approved the bill last dime back, while a private company ing. month is a testament to their ability can make a profit partly from the Fed- Mr. President, let me thank our Com- to work together with the common eral investment. This is wrong. merce Committee Democratic staff— goal of improving the safety and secu- H.R. 3539 incorporates much of the Sam Whitehorn, Clyde Hart, Jim rity of our air transportation system. text of S. 1994, the FAA reform bill, re- Drewry, Kevin Curtin, Becky K. and Like many of my colleagues, I ques- ported by the Commerce Committee Sylvia Cikins for all their hard work in tion whether the Federal Express pro- last June. Those provisions call for an the resolution of these issues. vision should be included in the FAA independent review of the precise needs I urge my colleagues to adopt the reauthorization bill. I think this con- of the FAA, followed by the submission conference report. troversial issue merits further consid- of a funding proposal to finance the Mr. GLENN. Mr. President, I do not eration at another time. When the agency. We know that the Federal wish to delay adjournment of the Sen- 105th Congress convenes next year, I budget will continue to be cut, but ate nor hold up passage of the Federal am hopeful that the Senate Labor some programs must be funded—like Aviation Administration [FAA] au- Committee will hold hearings on this the FAA. The financing reform sought thorization bill. Absent the provision matter. by the bill will help us figure out a bet- we have been discussing these past few But the facts are these: We cannot ter way to provide needed funding— days, the FAA bill could pass the Sen- remove this provision without killing S12234 CONGRESSIONAL RECORD — SENATE October 3, 1996 the FAA reauthorization bill. We must The bill also gives the FAA the au- and then obtaining passage with a vote pass this bill before we adjourn for the thority to facilitate the interim de- of 99–0 on the Senate floor. These Sen- year. And the FAA’s ability to enhance ployment of advance aviation security ators and their fine staffs—specifically, safety and security at our Nation’s air- technology including explosives detec- I would like to recognize the work of ports is contingent upon enactment of tion equipment. And the legislation Sam Whitehorn on the minority side— this important legislation. calls for an evaluation by the National produced a non-controversial, sensible The House has already passed the Academy of Sciences on explosives de- bill that addresses a critical need of conference report to the FAA reauthor- tection and aircraft hardening tech- our Nation. ization bill as well as the omnibus ap- nology. Furthermore, the bill would We need to pass an FAA Reauthoriza- propriations bill. For all practical pur- authorize the FAA to conduct vulner- tion bill because of the pivotal role poses, the other Chamber has closed its ability assessments of individual air- that the FAA plays in our Nation’s doors for the remainder of the year. ports and permit airlines to conduct transportation infrastructure. We ask There should be no misunderstanding. improved passenger profiling. Again, the FAA each year to ensure the safety Our House colleagues have no intention without authorization, these critical of all civil aviation and to oversee the of returning to Washington to consider security measures will not be imple- continued development of our national additional legislation. Any change that mented. system of airports. Through a com- we make to the FAA reauthorization Mr. President, this bill also includes prehensive program that includes a bill at this point would most certainly several provisions that are particularly vast air traffic control network, and require unanimous consent in the important to rural America. Perhaps thousands of maintenance inspections House. Needless to say, convincing the most importantly, the bill authorizes of our Nation’s civilian airlines, the House to give unanimous consent to the FAA to tax foreign airlines that fly FAA carries out the important task of amending the conference report to the over the United States and designates ensuring the safety of the millions of FAA reauthorization bill is simply not half of that revenue, estimated at $100 Americans that utilize air travel each possible. million annually for the Essential Air year. Significantly, this conference Whether we agree with the Federal Service [EAS] program. EAS is crucial agreement provides to the FAA the Express provision or not, we must pass to the economic stability of small com- necessary tools to carry out these im- the conference report to the FAA reau- munities in South Dakota and across portant tasks. It provides $9.54 billion thorization bill. At the latest, the Sen- the country. Unfortunately, EAS fund- in total budget authority for the FAA ate should have been passed this legis- ing has been reduced in recent years, for fiscal year 1997 including $5.16 bil- lation on Monday, and we cannot delay and service to EAS recipients has suf- lion for operations, $2.28 billion for the passage of this bill any longer. fered accordingly. Enactment of the Airport Improvement Program, and Our colleagues on the Senate Com- overflight tax will provide a much- $2.1 billion for facilities and equip- merce Committee have worked for needed new funding mechanism for the ment. This total figure represents an more than 2 years on this bill. The EAS program. increase of $1.39 billion over the FAA’s committee cannot and should not be The bill also requires the Secretary total budget authority for fiscal year forced to start that process all over of Transportation to conduct a study of 1996 and an increase of $1.33 billion over again in a new Congress. We must fin- fares charged by commercial air car- the administration’s budget request. ish our work today and provide the riers traveling into non-hub airports in In addition, Massachusetts needs FAA with the tools it needs to improve small communities. This study is criti- Congress to pass an FAA reauthoriza- the safety and security of our air cal to determining whether passengers tion bill because we rely so heavily on transportation system. air transport for both people and cargo The FAA reauthorization bill in- in rural areas pay a disproportionately and because the Airport Improvement cludes several safety provisions that greater price for air service than pas- Program is so crucial to our State. should have been authorized earlier sengers who fly between urban areas. From Logan Airport in Boston to the this week. Among those, the bill au- Like my colleague, Senator DORGAN, I thorizes $2.28 billion in fiscal year 1997 believe they do, and I look forward to smaller airports located in Nantucket, and $2.3 billion in fiscal year 1998 for the results of that study so we can Hyannis, Martha’s Vineyard, Worces- the Airport Improvement Program. As focus on ways to improve airline serv- ter, New Bedford and Provincetown, my colleagues well know, this critical ice to rural communities. Again, with- airports and air transport are critical funding allows airports throughout the out authorization, neither the EAS to the economic and social travel needs country to make much-needed safety provision or the rural air fare study of the people of Massachusetts. This improvements. Without authorization, will move forward. legislation is good for the people of however, construction on these impor- Mr. President, the bottom line is Massachusetts. It contains additional tant projects will remain idle. that we must pass the conference re- AIP funding for Massachusetts airports The bill also allows the FAA to report to the FAA reauthorization bill. in fiscal year 1997 beyond the amounts spond directly and more promptly to Whether we agree with the Federal Ex- these airports are entitled to receive safety problems without needless bu- press provision or not, we must pass under current law. And it also in- reaucratic delay or second-guessing. this important bill today. We cannot creases the amount of discretionary The bill also establishes a framework wait any longer. We must pass this bill funding that the State of Massachu- for airlines to obtain background infor- so that the FAA has the ability to en- setts can distribute to airports and re- mation on a pilot’s previous employer. hance safety and security at our na- lated projects. The National Transportation Safety tion’s airports. We must pass this bill This conference agreement also con- Board recommended these background to ensure that rural America receives tains an important provision to im- checks as a result of a number of air- the kind of air service it rightfully de- prove the security of our Nation’s airplane accidents that were caused in serves. I urge my colleagues to support ports that will result in greater safety part by pilots with poor performance the passage of the conference report on for commercial flights originating at records. Again, without authorization, the FAA reauthorization bill. U.S. airports. I have been pushing the these important safety provisions will Mr. KERRY. H.R. 3539, the FAA Re- FAA for several years to begin to use not be implemented. authorization conference agreement, existing advanced technologies, far The FAA reauthorization bill also in- is, primarily, a good bill—a very good more capable than x rays and metal de- cludes a number of important security bill—and one whose contents are of tectors, to screen passenger baggage provisions proposed by the Senate great importance to the people of this for explosives before it is placed on air- Commerce Committee, Vice President country. Several Senators including craft. The conference agreement in- AL GORE’s commission on aviation Senator HOLLINGS, Senator PRESSLER, structs the FAA to move forward in safety, and many other Members of the Senator FORD, and Senator MCCAIN this respect. Rather than awaiting the Senate. For instance, the bill gives the have worked for many months to craft advent of a new sensor technology that FAA the authority to permit criminal this important legislation. They de- can meet all desired sensor standards background checks on baggage screen- serve great credit for shepherding the perfectly or nearly perfectly, the FAA ers at our Nation’s airports. bill through the Commerce Committee is instructed to procure and implement October 3, 1996 CONGRESSIONAL RECORD — SENATE S12235 use of the best currently available However, Mr. President, the U.S. Su- whose leadership in FAA reform has technology—which is the approach preme Court has held that the Airport been steady and tireless. I thank Sen- taken by virtually all major European Authority’s congressional review board ator HOLLINGS, the ranking member of airports. There is simply no reason of is unconstitutional. Without Congress the committee, and Senator FORD, who which I am aware for the United States eliminating this unconstitutional re- worked from the beginning, 2 years not to take this important step. view board, the Airport Authority ago, to bring meaningful reform to the Unfortunately, this important legis- would not be able to continue to exer- FAA and provide for the critical long- lation, which is strongly supported by cise its vital functions such as adopt- term and stable funding which is so Senator KENNEDY, Senator SIMON, Sen- ing an annual budget, awarding con- necessary for modernizing the air traf- ator FEINGOLD, and all others in this tracts, and issuing bonds. This con- fic control system, and hopefully put- Chamber, became mired in a dispute ference report eliminates that uncon- ting an end to the more than 420 power over a four-line provision—tacked on stitutional board, and therefore en- outages last year. to the bill in conference—that is unre- ables the Airport Authority to move I also thank my friend, the Senator lated to the otherwise important and forward. from Alaska, Senator STEVENS, who bipartisan task of reauthorizing the I am pleased that this provision was worked with me and Senator FORD to FAA. This provision amends the Rail- included, while not interfering with the craft the compromise we are voting on way Labor Act to make it substan- perimeter rule, which allows nonstop today. tially more difficult for certain Federal flights into and out of Washington Na- Finally, let me thank the countless Express employees to organize. I do not tional only if the flight is 1,250 miles or number of General Accounting Office support this provision which amends less. This rule is critical in helping staff, the administration, Secretary labor law in a controversial way on a maintain the delicate balance between Pen˜ a, the Secretary of Transportation, bill that is totally unrelated to labor Washington National and Dulles Inter- David Hinson, the FAA Administrator, law, and, because of the addition of national Airports. Retaining this pe- and especially Linda Daschle, who that provision, I voted against the clo- rimeter rule will maximize the almost worked tirelessly, literally hundreds ture motion to end debate on the FAA $2 billion of capital improvements un- and hundreds of hours, through late conference agreement. I hoped the Sen- derway at these two airports. And I ap- nights and many weekends, to build a ate would reject cloture, confident that preciate the assistance of Senator better FAA through major reform, I if cloture was not invoked, this FAA ROCKEFELLER and Senator HOLLINGS am especially grateful for her out- legislation would have been brought and their staff in ensuring that this pe- standing work. back to the floor without the con- rimeter rule was preserved. Mr. President, others who are very troversial provision, and passed by Mr. President, this FAA conference deserving of recognition, including unanimous consent. That is what I be- report is filled with provisions that not aviation expert Dr. Jack Fearnsides, lieve the Senate should have done. only benefit the metropolitan Washing- Now that cloture has been invoked, Ken Mead of the General Accounting ton area, but airports, large and small, Office, Katherine Archuleta, Secretary and another effort to remove the provi- throughout the nation. I am pleased sion because it was outside the scope of Pen˜ a’s Chief of Staff, Bert Randall, As- with the overwhelming support the sistant Chief Counsel of FAA, Paul the conference committee was rejected conference report has received and I’m by the Senate, we confront the great Feldman, Special Assistant to the Dep- looking forward to the benefits of this uty Administrator of FAA. And, of importance of passing an FAA reau- bill in Virginia. course, Sam Whitehorn of Senator thorization bill before this Congress The PRESIDING OFFICER. The Sen- HOLLINGS’ staff, Tom Zoeller of Sen- adjourns. Once again, I compliment ator from Massachusetts. those who led the Senate in assembling Mr. KENNEDY. Mr. President, I ex- ator FORD’s staff, Mitch Rose and Earl the aviation provisions of this bill. It is pect we will vote momentarily on the Comstock of Senator STEVENS’ staff, a good bill that will contribute much final passage. I want, just before that, Mike Reynolds, Lloyd Ator, Mike to our Nation. I will vote for it. first of all, to thank all the Members Korens, Tom Hohenthaner and Paddy Mr. ROBB. Mr. President, I rise for their indulgence during the period Link of Senator PRESSLER’s staff. today in strong support of passage of of these past days. This issue is really I would like to personally thank the the conference report to H.R. 3539, Fed- not about the FAA and the conference tireless efforts of those on my staff, eral Aviation Authorization Act of report, outside of this very special pro- Chris Paul and Mark Buse, who have 1996. This conference report contains vision. I expect to support the con- worked so hard to make this bill a re- provisions crucial for the safe and effi- ference report in just a few moments. ality, and many others who have con- cient operation of our Nation’s air- I thank all the Members for their tributed so much. ports. This authorization will enable courtesies over the period of the last Again, I want to pay special thanks vital funds to be allocated to our air- days, those colleagues of mine who sup- to my dear friend, Senator FORD of ports under the Airport Improvement ported a common position, and our Kentucky, who realized from the begin- Program for the construction of nec- worthy opponents who carried the day. ning, along with me and others, that essary runways and taxiways, installa- I believe this particular provision the only way you pass this kind of leg- tion of navigational aids, and acquisi- would not have carried in a Democrat- islation, this kind of fundamental re- tion of land for noise abatement meas- ically controlled Congress of the House form, is through a bipartisan effort and ures. The bill also permits funds to be and Senate, but the Senate has spoken in partnership with the administration, used for essential enhancements of air- now. The issue of workers’ rights is in whichever party alignment that may port facilities and equipment, and sup- going to very much be the issue on No- be. ports substantial Federal Administra- vember 5. We have one vote today and I cannot help but express my appre- tion [FAA] operations. another vote on November 5. I just ciation to him for the many years of Mr. President, in addition to these hope they will understand who is on cooperation that we have had together, authorizations to improve our airports their side. especially on this issue—it has charac- infrastructure and language to improve I again thank all of those in the Sen- terized our relationship now for more aviation security, this conference re- ate for their attention and for their than 10 years. port contains provisions which seek to courtesies on this matter. I hope at the Mr. FORD. Thank you. resolve an important question as to the earliest time we will go to a final vote Mr. MCCAIN. We may do more things status of the Metropolitan Washington on the FAA conference report. I intend together in the future, but I am not Airports Authority [MWAA]. The Air- to support it. sure we will ever do anything this sig- port Authority, created by Congress in The PRESIDING OFFICER. The Sen- nificant. 1987, has been successfully fulfilling its ator from Arizona. I understand the yeas and nays will obligations of maximizing the develop- Mr. MCCAIN. Now that we are going be asked for. I yield the floor. ment of Washington Dulles Inter- to a final vote, I would like to make The PRESIDING OFFICER. The Sen- national Airport, while fully utilizing just a 60-second comment. ator from Kentucky. the resources at Washington National I thank Senator PRESSLER, the chair- Mr. FORD. Mr. President, I am Airport. man of the Commerce Committee, pleased to join with my distinguished S12236 CONGRESSIONAL RECORD — SENATE October 3, 1996 colleague from Arizona, Senator ference report. We cannot let the AIP trust fund. The monies which are in MCCAIN, the chairman of the Aviation program lapse. We must continue to the trust fund are distributed among Subcommittee, in bringing this con- support many worthy airport construc- specific programs and functions, inference report before the Senate. tion and improvement projects that cluding the FAA s operations account, Let me also join with him in paying will help to sustain and support the the facilities and equipment account, compliments to our staff and to the growing demand for air carrier serv- research, the engineering and develop- many individuals who have assisted us. ices, both passenger and cargo. ment account, as well as the Airport As Senator MCCAIN has said, we have During the Senate s consideration of Improvement Program. worked long and hard for 2 years now. the FAA reauthorization bill, I argued The trust fund is supported solely It has been a bipartisan effort. We have that we should keep our reauthoriza- through revenue derived by a 10 per- had our disagreements, but we have tion simple and short. That is, we cent passenger ticket tax, interest paid not been disagreeable. We have pushed should not undertake any change in on Treasury certificates, and other and pulled, and finally we have come to the formulas for entitlement and dis- taxes associated with air travel and the point now where this bill is about cretionary grants and that we should aviation. However, on January 1, 1996, to be passed. have a one year reauthorization. Part the aviation excise taxes lapsed. That The conference report before us of the reasoning for this was my belief lapse in taxes resulted in a loss of $500 today reauthorizes various programs of that we need to examine the best million a month in trust fund revenues. the Federal Aviation Administration, means by which to reform the FAA. With the enactment of the minimum namely the Airport Improvement Pro- The Senate bill included provisions wage and small business tax credits gram [AIP]. The AIP program provides which would establish an independent act, the aviation excise taxes were re- the necessary Federal funds for the assessment of the funding needs for the instated, but only to the end of this continued investment in our airport FAA. Under the terms of the Senate calendar year. and airways infrastructure. bill, the independent assessment would This experience has highlighted some The current authorization for the study the funding needs of the FAA problems and concerns with the FAA. AIP program expires on September 30. within one year and report to the Con- Without a steady and reliable source of Without this reauthorization bill, the gress. At that time, the Congress would revenue, the FAA cannot fulfill its mis- FAA would be unable to fund many have recommendations and options for sion to promote a safe and reliable worthy aviation infrastructure the long-term financing solutions of aviation system. projects. We cannot let that happen. As the FAA. Then, with the reauthoriza- Both the Senate and the House bills had separate panels to examine the is- we prepare to enter into a new fiscal tion of the FAA and the AIP program, sues of safety and security in the Na- year, the FAA needs this reauthoriza- we would be able to create a better tional air transportation system and tion in order to move ahead with the funding system for the AIP program. funding of many important airport im- However, given the late date at the financing of the FAA. The conference report adopts both task forces provement projects. AIP projects in- which we are considering this bill, we to separately examine these issues. clude construction and maintenance of recognized that our efforts to try and The conference report adopts the have an independent assessment on the airport facilities, including runways; Senate provisions which creates an 11- FAA s financing could not be accom- construction of control towers; the in- member panel to conduct an independ- plished prior to the expiration of the stallation of radar equipment and con- ent assessment of the FAA financing struction of radar facilities; and the ac- AIP authorization. We have com- and cost allocations through 2002. This quisition and installation of naviga- promised with the House, which had a independent panel shall include indi- tional devices. three-year authorization, and have de- viduals who have expertise in the avia- Mr. President, investment in our cided that we will have a two year au- tion industry and who are able, collec- aviation infrastructure is at a critical thorization. tively, to represent a balanced view of With a 2-year authorization, we have point. The FAA’s forecasts for the the issues which are important to all accepted the provisions of the House aviation industry project tremendous segments of the aviation industry, in- growth by the turn of the century. that will modify the funding formulas cluding: general aviation, major air Those forecasts project an average in- of the AIP program. Under the provi- carriers, air cargo carriers, regional air crease of 3.7 percent in domestic pas- sions of the conference report, this bill carriers, business aviation, airports, senger traffic by the year 2007. One of will provide more entitlement funds for aircraft manufacturers, the financial the big growth areas will most likely airports throughout the country. Each community, aviation industry workers, be in the regional and commuter indus- airport under the AIP program is enti- and airline passengers. try. In 1995, regional and commuter air tled to Federal funding, based on the This independent assessment is re- carriers carried 53.7 million passengers. number of passenger emplanements. quired to complete its work within 12 By the year 2007, the FAA projects The bill eliminates a number of discre- months. At which time, the panel will these same carriers to carry 96.9 mil- tionary funds and redistributes those make a report to the Secretary of lion passengers—an annual growth of funds to the airports as entitlements. Transportation. The Senate bill in- 5.4 percent. In addition, under existing law, there is cluded some provisions for expedited Today, our airports are at or near ca- a $325 million pure discretionary fund. consideration of these recommenda- pacity. Many are struggling just to The FAA has the ability to use those tions. However, during the Senate’s keep up with today’s demands. With funds to put together larger projects consideration, at the request of the Fi- these growth projections for the next for airports of all sizes. This bill will nance Committee, those provisions for 10 years, the Nation s entire aviation reduce that pure discretionary fund to expedited consideration were modified system will face even more challenges $300 million. I would note that I am to provide for an automatic sequential on an already heavily burdened system. somewhat concerned that the amount referral to the Senate Finance Com- The problems posed by the growth of of money set aside for noise has been mittee. air traffic will be further burdened as reduced from $164 million to $134 mil- The Senate bill also included similar aircraft manufacturers move toward lion. However, I recognize that some of expedited procedures for the House. the development of even larger wide the discretionary monies may be used Unfortunately, during our conference, body jets. Recently, both Boeing and for that purpose. the House conferees objected to the in- Airbus Industries announced plans to I am pleased that this conference re- clusion of any expedited procedure for introduce new airliners capable of car- port also includes the FAA reforms the House. Consequently, the provi- rying over 600 passengers. The intro- which were included in the Senate bill. sions included in the Senate bill for ex- duction of these aircraft will require As I mentioned, the increased de- pedited procedures in the House are not major improvements at our Nation’s mands on the air transportation sys- included in this conference report. airports just to accommodate the size tem require the Congress to re-examine I will admit that I am somewhat re- of these aircraft. the way in which the FAA is managed luctant to include provisions in a bill These are just a few of the many rea- and funded. The FAA is predominantly that bind only one House of the Con- sons that we need to pass this con- funded through the airport and airway gress. The expedited procedures that October 3, 1996 CONGRESSIONAL RECORD — SENATE S12237 were originally included in S. 1994 as The tragedy of TWA flight 800 has and consistency in screening oper- reported by the Commerce Committee forced us to once again re-examine our ations. The certification process is in- were designed to make the Congress aviation security measures. As we all tended to improve the training and act quickly to address the crucial fund- know, following the TWA tragedy, testing of security screeners through ing needs of the FAA and our aviation President Clinton created the White the development of uniform perform- infrastructure. Without these expe- House Commission on Aviation Safety ance standards. dited procedures, I am concerned that and Security and asked that Vice It will accomplish many things: in 2 years time, we may find ourselves President GORE head this commission. A study on the detection of weapons in the same position we are in today. The President should be commended and explosives conducted by the FAA During the conference, our House coun- for the swiftness of his actions and his and the National Academy of Sciences. terparts gave us their assurance that determination to improve our aviation Require criminal background checks the House would act expeditiously in security and safety. The President on all individuals who will be respon- considering the funding recommenda- moved quickly to reassure the travel- sible for the screening of passengers tions of the independent panel. ing public and the Nation, that we con- and property as well as any other indi- I appreciate the commitments from tinue to have the safest air transpor- vidual who exercises a security func- our House colleagues. I can assure the tation system in the world. I appre- tion associated with baggage or cargo. Members of the Senate that when we ciate and applaud the efforts of the In addition, this bill directs the FAA to get to the point that a comprehensive President and the Vice President on conduct periodic audits on the effec- FAA financing reform package is pre- this issue. tiveness of these criminal record sented to the Congress, I will be equal- The so-called Gore Commission is- checks. ly dedicated to the expeditious consid- sued an initial report to the President Direct the FAA to require the in- eration of that proposal. on September 9. That report made a terim deployment of commercially Mr. President, this funding study will number of recommendations including available explosive detection equip- build upon personnel and procurement the purchase of explosive detection ment. reforms already in place at the FAA, equipment; the placing of security Direct the FAA to work with the in- which were included in the Transpor- equipment at our major airports; intelligence and law enforcement com- tation Appropriations Act for fiscal creasing the use of passenger profiling munities to assist the air carriers in year 1996. through the use of existing data bases developing a computer-assisted pas- In addition to the independent study and air carrier computer reservation senger profiling program. on funding solutions for the FAA, the systems; criminal background checks Report to the Congress on a pilot bill also includes provisions for the cre- and FBI fingerprint checks for all secu- baggage match program if such a pro- ation of a Management Advisory Coun- rity screeners and other airport and gram is undertaken as a result of the cil. Mr. President, I think we all ac- airline personnel with access to secure Gore Commission. knowledge that the FAA has been an areas; increasing funding to be used to Mr. President, I think it is important agency with its problems. Some of that to note that the Gore Commission has criticism is well-deserved. But, I think facilitate a greater role for the U.S. Customs Service and other law enforce- not completed its work. In fact, the re- that most Members will also acknowl- view of aviation security and safety is edge, that under the current leadership ment agencies; designate the National Transportation Safety Board to deal a dynamic and evolving process. While of Administrator David Hinson and we have attempted to include security Deputy Administrator Linda Daschle, with the families and relatives of crash victims; and provide additional funds provisions within this bill, it is antici- the FAA is beginning to respond to the pated that the Congress will be consid- challenges. We want to build on these for the training of airport security ering further security recommenda- improvements and we want to enable screeners. tions and enhancements as the Gore the FAA to improve its management so The conference report adopts a number of the recommendations of the Commission continues its work. that it is prepared to face the chal- In addition to the provisions included lenges of the 21st Century. Gore Commission which required legis- in this bill, the conferees adopted a The Management Advisory Council lative action. I am pleased to say that House provision which establishes an [MAC] will be composed of 15 members within our conference, there was unan- to provide the Administrator with imous support for the Senate s provi- aviation safety task force. This task input from the aviation industry and sions on safety and security. force will be required to submit a re- community. Membership on the MAC Title III of the conference substitute port to the FAA which sets forth a will include representatives from all includes legislative language that will comprehensive analysis of aviation government and all segments of the give the FAA the legal authority to un- safety. This task force is not intended aviation industry; all of whom will be dertake and implement the rec- to duplicate the work of the Gore Com- appointed by the President with the ommendations of the Gore Commis- mission. Rather, it is intended and an- advice and consent of the Senate. sion. ticipated that the safety study will Members of the MAC should be selected These provisions include the follow- build upon the experience and rec- from individuals who are experts in dis- ing: ommendations of the Gore Commis- ciplines relevant to the aviation com- A report by the Administrator of the sion. munity and who are collectively able FAA to the Congress on how to trans- As this bill includes provisions relat- to represent a balanced view of the is- fer certain security responsibilities of ing to improving security systems sues before the FAA. It is important to the air carriers to the Federal Govern- throughout our air transportation sys- note that selection for MAC member- ment. Under current Federal law, air tem, it also includes provisions which ship is not required to be based on po- carriers are responsible for the security ensure that the FAA’s highest priority litical affiliation or other partisan con- and screening procedures at airports. is air safety. Following the ValuJet siderations. The Gore Commission and other ex- tragedy, there was intense scrutiny of Among the issues that we expect that perts believe that aviation security is a the FAA’s mission in promoting air the MAC to examine are: air traffic national security issue. As the Federal safety. Much of that attention focused control modernization; FAA acquisi- Government will be asked to assume on the so-called dual mandate of the tion management; rulemakings and more responsibility, we believe it is FAA to promote air commerce and air cost-benefit analysis; review the proc- prudent to have a careful study of this safety. Both the Senate and House bills ess by which the FAA determines to issue to examine how and to what ex- included provisions which would clarify use advisory circulars and service bul- tent the Federal Government should that the FAA’s highest priority is the letins; and a review of old rules, includ- assume these duties. This report will promotion of a safe and secure air ing FAR part 145. be due to the Congress within 90 days transportation system. This provision The conference report also includes of enactment of this bill. does not require any changes to the the Senate bill’s provisions on improv- The FAA will certify companies that management, organization, or func- ing safety and security in our air provide security screening at our Na- tions of the FAA. Rather, it corrects transportation system. tion’s airports to ensure uniformity any public misconceptions that might S12238 CONGRESSIONAL RECORD — SENATE October 3, 1996 exist that the promotion of air com- vatization. It is important to note that many years. I know that many of us merce by the FAA would create a con- this is a pilot program for 5 airports. miss her and her experience and advice. flict of interest with the FAA’s safety At the insistence of the Senate, the I am sure that she would be equally mandate. pilot program includes a number of proud of the efforts that we have made In addition, this bill includes provi- provisions which address the concerns today. sions to assist the FAA in its safety about revenue diversion. And if I may, I would like to dedicate mission by clarifying the way in which The pilot program will only permit this bill to her memory. safety and accident information is long-term leases of commercial air- Mr. President, this bill truly is a classified by the National Transpor- ports. The Secretary of Transportation must pass piece of legislation. It is a tation Safety Board. Under the provi- must agree to the privatization plan comprehensive and bipartisan bill that sions of the bill, the NTSB will develop and at least 65 percent of the air car- deserves the support of the Senate. In a classification of accident and safety riers must agree to the plan. This pro- addition, the administration has been data in a manner that will provide tects other air carriers at commercial intimately involved in the develop- clearer descriptions of accidents with airports where a dominant carrier may ment of this bill and strongly supports air transportation. In addition, the control 65 percent of the landed weight. its provisions. NTSB is directed to widely disseminate That means that a dominant carrier I urge my colleagues to join me in this information. As we note in the cannot control the fate of an airport. supporting adoption of the conference conference report, one way in which While the pilot program permits AIP report. this information could be widely pub- grants, it requires a 60-percent match Mr. President, I want to add a per- licized by the NTSB is through the of private money. The Secretary of sonal note to the discussion on the Internet. I hope that once the NTSB Transportation can disapprove a plan if FAA bill. Yesterday, Senator STEVENS develops the new classification system, he finds that privatization would result expressed his gratitude to David it will consider placing its reports on in anticompetitive or unfair and decep- Hinson for all of his work at the FAA. the NTSB web page. tive practices. David has worked hard to bring us a The conference report also includes I want to assure my colleagues that new FAA. He has worked hard to cor- provisions which direct the NTSB to the inclusion of a pilot program for pri- rect many of the past mistakes. New take the lead in assisting the families vatization in this conference report equipment is being installed and the of victims of air disasters. Recent expe- does not mean that this Senator’s op- system is being modernized. Without riences have demonstrated that it is of position to privatization has been less- his thoughtfulness and devotion to tremendous comfort for the families of ened. We have made an accommodation aviation, many of the changes at the victims to have someone addressing to our House colleagues who strongly FAA would not have occurred. I also want to thank Linda DASCHLE, their concerns and needs. While the support this idea. We have com- the Deputy Administrator. Linda has Senate bill included a provision on promised on this issue. That is what a spent her career in the aviation field, family assistance, the House bill did conference committee is supposed to and the FAA has benefited from her ex- not. However, the House did consider do—to fashion acceptable compromises periences. There were many long and pass a separate bill, H.R. 3923. The so that legislation can be enacted. And nights and heated debates over this conference report has adopted that bill in making those compromises, you aviation bill. Throughout those nego- as the basis for the provisions of the have to give a little. And sometimes tiations, Linda kept pushing all of us conference report. This section not you have to accept things with which forward. I may not have always agreed only requires that the NTSB establish you may have opposed. Compromise is with her, but in the end, her strength a program to provide family advocacy hard. As Henry Clay used to say, ‘‘Com- and conviction wore us all out. With- services, but also directs that all do- promise is mutual sacrifice.’’ Well, Mr. out her efforts, this bill would not be mestic air carriers submit their disas- President, I may be somewhat bruised before this body today. ter plans to the NTSB. The NTSB will and hurt by this compromise, but this The staff of the FAA and DOT also develop guidelines for such plans which bill is too important to fail because of must be thanked for all of their efforts. are intended to serve as a guide to my opposition to privatization. David and Linda are keenly aware of other air carriers. We have created a 2-year pilot pro- the dedication of the FAA staff. Steve Mr. President, this conference report gram with many protections. We will Palmer and the DOT staff watched over is an omnibus aviation bill. In addition have the opportunity to review wheth- us constantly, to make sure that all is- to the FAA reform provisions and reau- er this program truly brings new in- sues were address appropriately. thorization of the AIP program, it investment and capital from the private The Vice President’s efforts also can- cludes provisions on the sharing of sector as the supporters of privatiza- not go unmentioned. The President and pilot records; provisions on child pilot tion claim. I want to assure my col- Vice President are extremely inter- safety; strong provisions prohibiting leagues that I will be vigilant in my at- ested in ensuring that the air traffic airport revenue diversion; provisions tention to the developments of this control system is modernized and that relating to the Metropolitan Washing- pilot program. the system is as safe and secure as pos- ton Airport Authority; and provisions Overall, Mr. President, I believe that sible. We have worked with the Presi- which support and enhance the Essen- this conference report is an excellent dent’s and Vice President’s staff tial Air Service Program. bill for the FAA and for the entire throughout this process, and I appre- There is one provision included in aviation community. This conference ciate the aid and advice provided. this conference report which concerns report represents the bipartisan efforts Finally, I want to thank my House me and that relates to the creation of on the part of the House and Senate, colleagues, who worked with us for a pilot program for the privatization of between Members and staff. Many long many long nights to craft a com- airports. When we considered the FAA hours were spent to create this con- promise on critical Aviation issues. Mr. bill in the Senate, I expressed my ference report. That hard work has pro- SHUSTER, Mr. DUNCUN, Mr. OBERSTAR, strong reservations and objections to duced a conference report that I am and Mr. LIPINSKI, and their staffs, are the privatization of airports. I am a proud to support. I am proud of the to be congratulated for a good aviation strong opponent to the privatization of work of our staff for their dedication to bill. I also want to note that Congress- airports because I believe that it will produce this conference report. man OBERSTAR and I have waged a few result in the diversion of airport reve- On a personal note, this is somewhat wars together on the aviation front nue and will harm air carriers and gen- of a bittersweet moment for me. As over the years. This time, but for one eral aviation. In addition, many of many of my colleagues know, a year or two provisions, we had another good these airports were built with substan- ago, my longtime aide and aviation ex- meeting of the minds. tial Federal funds. Despite my strong pert, Martha Moloney, passed away Mr. STEVENS addressed the Chair. objections to privatization—and I after a very courageous battle with The PRESIDING OFFICER. The Sen- might add, the strong objections of the breast cancer. Many of the provisions ator from Alaska. Senator from Arizona—the conference of this bill include proposals that Mar- Mr. STEVENS. Mr. President, I report includes a pilot program for pri- tha and I considered and proposed for thank the Members of the Senate for October 3, 1996 CONGRESSIONAL RECORD — SENATE S12239 taking this extraordinary step to make [Rollcall Vote No. 306 Leg.] over express companies. That provision certain this important legislation YEAS—92 was added into the conference report passes and goes to the President. As I Abraham Ford Mack without having been considered by ei- said many times, this is probably the Akaka Frahm McCain ther the House or the Senate. It was most important bill to my State that Ashcroft Frist McConnell not considered in hearings, it was not Baucus Glenn Mikulski we have considered in this Congress. Bennett Gorton Moseley-Braun considered in debate, and it was not As the Senator from Kentucky just Biden Graham Moynihan voted on, but it was in effect rammed Bingaman Grams Murkowski through, and has become law because it stated, I believe that we are indebted Boxer Grassley Murray to the Administrator of the FAA, Bradley Harkin Nickles was attached to a bill which has some David Hinson, for constant, tireless Breaux Hatch Nunn $8 billion of Federal airport expendi- work on this matter. Brown Hatfield Pell tures—a matter of enormous impor- Bryan Heflin Pressler tance for America generally, and a As a result of what we are doing, I Bumpers Helms Pryor matter of enormous importance for my announce to the Senate, in my office Burns Hollings Reid Byrd Hutchison Robb home State, Pennsylvania—which has right now are the safety people who are Chafee Inhofe Rockefeller so many airports involved with this going to carry out this new law and try Cochran Inouye Roth necessary funding that comes out of to find a way to reopen the airport at Cohen Jeffords Santorum the aviation trust fund. my capital city of Juneau. There are Conrad Johnston Sarbanes Coverdell Kassebaum Shelby It does not add to the deficit. It does many other airports that are going to Craig Kempthorne Simpson not come out of general revenues. It is be open because of the action we have D’Amato Kennedy Smith Daschle Kerrey Snowe paid for out of an airport trust fund. taken and, above all, Mr. President, I But what we have done today, I would think we can say to the American peo- DeWine Kerry Stevens Dodd Kohl Thomas suggest, is a very, very serious perver- ple that the skies will be safer. There Domenici Kyl Thompson sion of Senate procedures. What can Dorgan Lautenberg Thurmond will be competent people in charge of happen in the future is that under the disasters, should they, God forbid, Exon Levin Warner Faircloth Lieberman Wellstone overruling of the ruling of the Chair, occur again, and we will have a way to Feingold Lott Wyden any measure can be added in any con- deal with people who are survivors of Feinstein Lugar ference report at any time, and if the victims of air crashes in the manner NAYS—2 conference report overall touches a that the coalition of survivors has rec- Simon Specter subject of sufficient importance it will ommended to the Congress. NOT VOTING—6 outweigh a provision which has been This is responsive legislation, and it added without appropriate consider- is responsible legislation. I am grateful Bond Coats Gregg Campbell Gramm Leahy ation. to the two managers of the bill, my I voted against cloture—that is, I good friend from Arizona, Senator The conference report was agreed to. voted against cutting off debate on the MCCAIN and Senator FORD and, of Mr. LOTT. Mr. President, I move to underlying bill—because it seemed to course, to the chairman, Senator PRES- reconsider the vote by which the con- me that provision required analysis, SLER, and the ranking member, Sen- ference report was agreed to. consideration, and debate. It affects ator HOLLINGS, for their constant com- Mr. FORD. I move to lay that motion thousands of jobs in Pennsylvania be- mitment to see to it that this Congress on the table. cause it could determine which agency passes this landmark legislation for The motion to lay on the table was will govern the issue of labor matters aviation. agreed to. and labor certification, and which rep- The PRESIDING OFFICER. Is there f resentation will be in effect. further debate? THANKS TO THE PRESIDING It was represented that it was a mistake that it was left out before. I am Mr. MCCAIN. I ask for the yeas and OFFICER skeptical about that, Mr. President be- nays. Mr. LOTT. Mr. President, I thank the cause we have that representation The PRESIDING OFFICER. Is there a Presiding Officer [Mr. WARNER] for the made all the time. It was represented sufficient second? way in which he has presided over the that it would only apply to one com- There is a sufficient second. last couple of hours. It could have been pany. Well, that may be one company The yeas and nays were ordered. a very tense time. He kept order and too many, if it is a bad provision not helped us to get through the very im- subjected to analysis, debate, nor hear- The PRESIDING OFFICER. The portant final actions of the Senate. question is on agreeing to the con- ings in our regular legislative process. f ference report to accompany H.R. 3539, But on the face of that provision, it is entirely likely and highly probable the Federal Aviation Administration THE FEDERAL AVIATION ADMINIS- that the provision will apply to many Reauthorization Act. The yeas and TRATION REAUTHORIZATION companies. And, therefore, I voted nays have been ordered. The clerk will BILL call the roll. against cutting off debate. Mr. SPECTER. Mr. President, I have Then on the issue of overruling the The assistant legislative clerk called sought recognition to comment on the Chair, the Chair ruled that this provi- the roll. three votes which we have had today, sion should not have been in the bill Mr. NICKLES. I announce that the and to express my very deep concern under Senate rules. The Senate over- Senator from Missouri [Mr. BOND], the about the precedents which the Senate ruled the Chair by a vote of 56 to 39. Senator from Indiana [Mr. COATS], the has established in attaching to a con- There is talk that we can change the Senator from Texas [Mr. GRAMM], and ference report a highly controversial rule. But any time we have set a prece- the Senator from New Hampshire [Mr. provision which was not subjected to dent in this body on allowing an extra- GREGG] are necessarily absent. hearings, or analysis, or the legislative neous measure to come in on a con- I also announce that the Senator process, and which was rammed ference report, that is a precedent of from Colorado [Mr. CAMPBELL] is ab- through here today without real due overwhelming importance. Any time 51 sent due to illness. process or a real legislative process. Members think that the matter is so What has happened here—this is Mr. FORD. I announce that the Sen- important that it ought to be passed to somewhat esoteric for someone who disregard the rules and the procedure, ator from Vermont [Mr. LEAHY] is ab- may be watching on C-SPAN II—is that sent on official business. there is a precedent which has been es- the Federal Aviation Administration tablished. The PRESIDING OFFICER. Are there bill was passed by the House and Sen- It is very important to proceed in a any other Senators in the Chamber de- ate, and then it went to conference. In principled way, and we have not done siring to vote? the conference there was an addition of that here. The result was announced—yeas 92, a provision to determine which Federal I feel so strongly about that, Mr. nays 2, as follows: labor agency would have jurisdiction President, that I voted against the S12240 CONGRESSIONAL RECORD — SENATE October 3, 1996 overall bill. Only two Senators voted propriations bill, and one of only two the majority leader. But I have learned against the measure on final passage— Senators voting against this Federal a great deal, and I had a lot of coopera- Senator SIMON and ARLEN SPECTER. If Aviation Administration bill, recogniz- tion from a lot of Senators. we do not follow the rules and don’t ing the importance to my home State I thank the Democratic leadership, proceed in a principled way, we are of Pennsylvania and to the entire coun- Senator DASCHLE and Senator FORD for doing serious damage to the institu- try. their cooperation, and our leadership tions and procedures which are set up Mr. SPECTER. I thank the Chair. over here. not for one special case but to govern f There has been a lot of patience all our conduct generally. around. I thank them for that. I think it is especially important be- SCHEDULE f cause this breach of our rules comes Mr. LOTT. Mr. President, for the in- within 3 days of our passage of the om- LEADERSHIP ELECTIONS formation of all Senators, the Senate nibus appropriations bill where again Mr. LOTT. Mr. President, also, one now has a few other items that must be we breached the rules. The Constitu- final note: Leadership elections for the considered prior to the adjournment tion calls for a separation of powers. It 105th Congress will take place on Tues- sine die. Most important of these, of calls for the Congress to legislate on day, December 3, and organizational course, is the Presidio parks issue, and appropriations, and submit appropria- and orientation meetings will occur the adoption of the adjournment reso- tions bills to the President for his con- throughout the day on Wednesday, De- lution. I understand that there is no sideration. If he signs it, it is law. If he cember 4. Senator that now has requested a vote vetoes it, the Congress can override the So we will have the organizational on either of those, either the Presidio veto by a two-thirds vote. But that meetings December 3 and 4, and we will parks bill or the adjournment resolu- wasn’t done on the omnibus appropria- reconvene on the 7th of January for the tion. tions bill. necessary swearing in and for the The President’s Chief of Staff, Leon With that in mind, there will be no counting of the electoral college votes Panetta, sat in on the deliberations further votes for the remainder of the then on the 9th. 104th Congress. We hear some celebra- and negotiations with the Congress, f which is a serious constitutional tion on that. breach. The President had delegated to I want to thank Senators who have MORNING BUSINESS the Chief of Staff authority to act for been involved in that parks legislation, Mr. LOTT. Mr. President, I ask unan- the President. What Chief of Staff Pa- and the Senator from Alaska, particu- imous consent that there now be a pe- netta said became the President’s con- larly. He is very anxious to get that riod for the transaction of morning clusion, but the President does not completed. He has worked hard at it. It business with Senators permitted to have the authority to delegate his re- has not been easy for him. He has made speak for up to 5 minutes each. sponsibility under the United States major concessions. But we were able to The PRESIDING OFFICER. Without Constitution. reach an agreement this morning that objection, it is so ordered. In the end, that was an important he can accept and the administration The Senator from Connecticut is rec- bill. It had provisions for funding for can accept, and that all Senators are ognized. education, which I supported; provi- comfortable with. Mr. DODD. Mr. President, I thank sions for funding for Health and Human I thank the distinguished assistant the Chair. Services, which I supported; provisions majority leader, DON NICKLES, for his f for funding workplace safety, which I effort and time in this. CONGRATULATIONS TO THE supported—all of which come under the Mrs. BOXER. We are not finished LEADERSHIP jurisdiction of the subcommittee which quite yet on that. I chair, the Subcommittee on Labor, Mr. LOTT. We are not quite finished. Mr. DODD. Mr. President, let me con- Health, and Human Services. We are working at this very moment. gratulate the leadership as well on the I think, Mr. President, as we rush to And I think that is appropriate. The conclusion of the 104th Congress. And, leave Washington that we are setting Senator from New Jersey and the Sen- once again, to all of our retiring Mem- some very bad precedents and creating ator from California are here still bers, I wish them all the very best in some very bad rules. I was one of, I working on this. We should get it done, the coming years. think, 14 Senators to vote against the and complete all of our action. f omnibus appropriations bill because I f HARTFORD PRESIDENTIAL thought we were doing violence to the DEBATE U.S. Constitution. We did that because THE 105TH CONGRESS we couldn’t move through the legisla- Mr. DODD. Mr. President, this com- Mr. LOTT. Mr. President, Senators ing Sunday, the eyes of 75 to 80 million tive process in due course. Extraneous should be aware that the 105th Con- amounts were added, something I Americans will be squarely focused on gress will convene at noon on Tuesday, the city of Hartford and the State of spoke to at length last Saturday and January 7. on Monday. So I shall not repeat it Connecticut as they host the first Pres- There had earlier been an indication idential debate of the 1996 campaign here. There are other colleagues wait- that we would not need to do that on ing to speak. But these rules are estab- between President Clinton and Senator the 3d. But we have made a change and Dole. lished. have agreed that it will be January 7 I believe that the most precious gift For Hartford and the people of my immediately following the swearing in America has is the U.S. Constitution. home State of Connecticut the unique of the newly elected Members of the That sets the framework for our Gov- opportunity to host this debate is both ernment. Then we establish rules for 105th Congress. a great honor and a significant eco- our courts—our civil courts and our A live quorum will occur. All Sen- nomic and cultural shot in the arm. I criminal courts. And we establish rules ators are requested to be present for salute all those in the Hartford com- for the Congress. They are established this live quorum on January 7. munity who have played integral roles in order to give due process. They are Also, Senators should be aware that in bringing the Presidential candidates established in order to have a measure Congress will count the electoral votes to our capital city. introduced, analyzed, and subjected to in the House Chamber at 1 p.m. on In particular, I want to commend the hearings where people can come in on Thursday, January 9. Bank of Boston, Phoenix Home Life both sides, testify. Then we can make f Mutual Insurance, Trinity College, and an informed judgment. But when that Southern New England Telephone THANKS TO COLLEAGUES is not done and when we violate those played critical roles as the four found- rules, we put our entire system at jeop- Mr. LOTT. Mr. President, I thank all ing sponsors of the debate. ardy. And that is wrong. of my colleagues for their cooperation In addition, Daniel Papermaster, who That is why I was one of the few Sen- throughout this Congress. It has been has labored tirelessly to bring a Presi- ators voting against the omnibus ap- quite a learning experience for me as dential debate to Hartford, deserves October 3, 1996 CONGRESSIONAL RECORD — SENATE S12241 special praise. Without his persistent The events of this Sunday will be no nomic policies and his votes against efforts, this debate would never have different. If anything, they may be the Brady bill, family leave, and in become a reality. even more significant. support of cutting Medicare, Medicaid, For Hartford, the Presidential debate President Clinton and Senator Dole education, and the environment. But provides a remarkable opportunity to meet in Hartford against the backdrop that is another story. Certainly all of give the city a much needed boost of of great technological and social us look forward to the world tuning civic and community pride. change in our Nation. What’s more, into Hartford, CT, on Sunday night to Certainly, no one would disagree that both men come to this debate with witness the first Presidential debate of our city has seen rough times of late. very different proposals and divergent the season, and we wish both of our And, the debate’s impact on our com- beliefs for the future. candidates well in that process. munity will be sizable. On Sunday night, when the American Mr. President, I yield the floor. It’s estimated that the event may people gather around their televisions, Mr. KERRY addressed the Chair. pump as much as 4 to 5 million dollars they will witness not simply a competi- The PRESIDING OFFICER (Mr. into the local economy. tion of candidates, but a contest of ASHCROFT). The Senator from Massa- What’s more, 2,500 journalists from ideas. chusetts is recognized. around the world will be descending on That contest of ideas will be waged Mr. KERRY. I thank the Chair. Hartford and will, in many cases, have by two men who may be among the f their first opportunity to see the most skilled debaters in American poli- RETIREMENT OF SENATOR sights, meet the people, and experience tics. the hospitality of our Connecticut and I have heard a great deal of talk in CLAIBORNE PELL Hartford. the past few weeks about our former Mr. KERRY. Mr. President, as we ap- Most of all though, the coming Presi- colleague’s supposed lack of rhetorical proach the end of this Congress, I dential debate is sparking a renewed skill. Even the candidate himself has wanted to take a moment to say a few sense of community spirit that will intimated that he lacks the oratorical words about one colleague in particu- live on long after our visitors have said ability to be on the same stage with lar, and I will add to these comments goodbye Sunday night or Monday President Clinton and that by just later and say a few words about a num- morning when they leave the State. showing up in Hartford he would in ber of our other retiring colleagues. I But, as proud a moment as this is for will lead off my tribute to those who the people of Connecticut it is also a fact be the victor. Mr. President, I served in this Cham- retire saying a few words about one of critically important one for our Na- ber for 16 years with Bob Dole. I have the U.S. Senate’s finest members, and tion’s future and our political process. that is the senior Senator from Rhode In our political process, there are few great admiration for him as a person ELL. events as singular and unique as Presi- and as a public official, and I have even Island, Mr. P I have had the honor of serving with dential, and Vice-Presidential, debates. higher admiration for his debating Since these are the only two elected skills. Republicans are certainly not Senator PELL on the Foreign Relations offices on which all 265 million Ameri- talking about someone I am familiar Committee more than 12 years that I cans cast their ballot, Presidential and with when they suggest that Bob Dole have been here, and I have been im- Vice-Presidential debates provide the lacks the ability to debate an oppo- pressed by his extraordinary breadth of American people a platform and con- nent. In my time here as a Member of knowledge about international affairs, text for choosing not just a political this body, I have never ceased to be im- but more than that by the special de- leader, but a governing philosophy for pressed by Bob Dole’s debating skills. meanor of this colleague of ours. He is America’s future. He is a smart and experienced debater, a man who is deeply committed to the Now, as every Member of this body who understands public policy issues as development of a bipartisan foreign knows, our Nation has a long and proud well, as any Member that I have en- policy, one which promotes not only history of political debate. countered in public life. What is more, America’s needs and interests but also More than 200 years ago, our found- he has been a candidate for national of- Democratic values and humanitarian ing fathers gathered in Philadelphia to fice four times, once for the Vice Presi- traditions. He has been both chairman debate, discuss and finally establish dency and three times for President. and ranking minority member, and what they believed to be a ‘‘more per- He weathered a difficult and trying de- Senator PELL has always been cour- fect union.’’ Some 80 years later our bate season in the Republican pri- teous, solicitous of views of other Nation’s greatest leaders gathered for maries. All told, he has held 13 debates members, determined to work toward a some of the most storied and signifi- with other candidates for national of- policy that we all could support even cant oration in American history. fice. when the differences were extremely From the Lincoln-Douglas debates of I should also point out he was the deep. He never abandoned his gentle- 1858 to the famous Breckinridge/Baker chairman of the Republican National manly manner and often he succeeded Senate debate of 1861, which one com- Committee back in 1972. Having held a in following the dictum that he used to mentator called ‘‘perhaps the most dra- similar position in my own party these give his staff throughout the years, matic scene that ever took place in the past 2 years, I know how difficult that which was, ‘‘The best way is to let the Senate Chamber’’ American leaders in- job can be, because of the numerous other fellow have your way.’’ tensely pondered the issue of slavery times that you must debate your oppo- Senator PELL’s accomplishments in and the future of a divided nation. nents. In fact, one might wonder if it is the areas of foreign policy are many In 1960, this proud legacy entered the Bob Dole and not Bill Clinton who has and far-reaching. I will highlight just a TV age with the Nixon/KENNEDY de- the advantage coming into Sunday’s couple of them. He was present at the bates which set the stage for one of the debate given the tremendous experi- creation of the United Nations, having most closely contested elections in our ence that our former colleague, who served on the International Secretariat Nation’s history and for the past 20 served in Congress for 35 years and for at the San Francisco conference which years, Presidential debates have be- many years as minority and majority drew up the U.N. Charter. His commit- come an autumnal tradition—an oppor- leader, has in rhetorical skills. ment to the United Nations was really tunity for voters to not only listen to If anything, the American people symbolized by the fact that he always the views of the Presidential can- should be extremely grateful to witness carried the U.N. Charter in his pocket, didates, but to come together as a na- a debate between two candidates with though he really did not need to be- tion and as a people, participating in such evenly matched debating skills cause he could tell anybody what it America’s vibrant political discourse. and a similar understanding of the is- said. Debates are so enshrined in our polit- sues. Senator PELL’s belief in the United ical process that for a significant por- Not for a second do I doubt Senator Nations reflects his long-held belief, tion of the American electorate they Dole’s ability to debate on a level play- part of which came from his exposure are the most important source of infor- ing field with President Clinton. If any- in the Foreign Service, both through mation for making their decisions on thing, I think his troubles will come his father as well as his own service in election day. more from trying to defend his eco- the Foreign Service, that problems S12242 CONGRESSIONAL RECORD — SENATE October 3, 1996 ought to be resolved through diplo- served the people of Rhode Island ably ways a trait that will be important to macy and negotiation rather than and diligently, and I think all of our the people of our country and to the through the barrel of a gun. colleagues have been deeply impressed people of Oregon. When I came before the Foreign Rela- by the personal affection that so many In addition to those special votes and tions Committee 25 years ago this year Rhode Islanders have shown to Senator public acts that showed great courage, to testify against our involvement in PELL. That is not only reciprocation Senator HATFIELD is also known for his Vietnam, he gave me much welcomed for the affection he has clearly shown effort to bring civility to politics. support at that time and even then infor them but it reflects his longstand- Maybe we call it the second ‘‘C’’ in vited me to join him in the Senate. It ing tradition of never closing his door terms of what is important for politics was my first invitation and probably to any Rhode Islander who wished to in the next century. Courage is impor- the best I ever received. I will always meet with him. tant, but so is civility. appreciate the fact that he was on the Senator PELL has now decided that In our State as well as in the Halls of dais that day and that he understood the time has come to leave the Senate Congress, it is well understood that and shared our views about the war. and undertake new challenges. I for when there is a serious problem and In view of Senator PELL’s steadfast one will miss him, as I know many of tempers are short, Senator HATFIELD opposition to armed conflict as a my colleagues will. He brought great has been the one who has been able to means of achieving our national inter- grace and charm to whatever he did bring parties together, been able to find common ground and find a solu- ests, it is not surprising that he has al- here, and I know that everyone be- tion simply because he refused to lose ways been one the Senate’s foremost lieves we have lost a true gentleman his temper, refused to yield to the pres- arms control advocates. He has been whose accomplishments are in the sures of the moment. I hope others will instrumental in negotiating several highest tradition of the Senate. try to emulate those special qualities arms control agreements, including the I yield back whatever time I have. of civility that Senator HATFIELD has Environmental Modification Treaty The PRESIDING OFFICER. The Sen- brought to his service. and the Seabed Arms Control Treaty. ator from Oregon. There are several substantive areas He was at the forefront of the effort to f that I would like to mention because create the Arms Control and Disar- THE EXTRAORDINARY SERVICE OF they are important to the people of the mament Agency, and in 1994 he au- SENATOR MARK O. HATFIELD Northwest, but I think they are impor- thored legislation to strengthen and re- tant to our country as well. The first is Mr. WYDEN. Mr. President, I have vitalize that agency to meet the grow- that, as we seek to balance the budg- decided to wait until the end of the ses- ing challenges in arms control and non- et—and we all understand that, as citi- sion to take a few moments to talk proliferation. He led the fight in the zens at home have to balance their Senate’s passage of treaties such as the about the extraordinary service of our budgets, they have made it crystal Intermediate Range Nuclear Forces senior Senator, MARK O. HATFIELD, be- clear they want the Federal Govern- Treaty, the Threshold Test Ban Trea- cause in a very real sense, it is almost ment to balance its budget—we still ty, the Peaceful Nuclear Explosions impossible for citizens in our State to have to figure out a way to make a Treaty, and START I and II. He shep- imagine that MARK O. HATFIELD is not handful of key investments in our fu- herded these treaties successfully involved in a public way in service to ture while we still move to balance the through the Senate and today the Unit- our State. budget. That is what Senator HAT- ed States is party to all of them. His career has been truly extraor- FIELD’s service on the Senate Appro- Senator PELL’s achievements in the dinary. I was 2 years old when Senator priations Committee has been all realm of foreign affairs are paralleled HATFIELD began his remarkable service about. It is to try to figure out ways to by numerous accomplishments in the to the people of our State. At that time keep the deficit down, to get us to a domestic area. He left his mark on the he was a State legislator. He moved balanced budget, while at the same arts, particularly through his sponsor- quickly through leadership positions in time making that small number of key ship of legislation to establish the Na- our State—State senator, secretary of investments in transportation, in edu- tional Endowment for the Arts and the state, Governor—and his career has cation, in communications that really National Endowment for the Human- been marked by several qualities that I will pay great dividends for our coun- ities, on the area of high-speed trans- think have been so important in public try. The spirit of the West and the his- portation and on the environment. Be- service and that he will always be re- tory of the West has been that private sides his many years of work on the membered for, not just by the people of investment has always followed those law of the sea, he was also the Senate our State but by the people of our well-targeted public investments, and author of the National Seagrant Col- country. that is what Senator HATFIELD has lege and Land Act, legislation which When Senator HATFIELD ran in his tried to do in his service on the Appro- brought much needed money not only first campaign for the Senate, it was priations Committee. to the University of Rhode Island but after there had been a great debate Let me also add that he has brought also to universities in other coastal among the citizens of our country and an approach in that service to try to States such as my own. He was the the Governors. Senator HATFIELD was reward imagination and creativity in driving force behind the Federal legis- the lone voice of dissent in his party government. We are especially proud of lation to help crack down on drunk with respect to the Vietnam war. When the pioneering work that we have done driving. he ran for the Senate, billboards were in our work on the environment and Thanks to CLAIBORNE PELL, thou- put up at that time with just one word, with our Oregon health plan. This ses- sands of young Americans today go to and that word was ‘‘courage.’’ If there sion, Senator HATFIELD led the effort college on Pell grants. His love of edu- has been anything which has marked to get our innovative welfare reform cation and of those seeking to be edu- Senator HATFIELD’s service to the pub- proposal approved. I think it is impor- cated are epitomized by the annual pic- lic, it has been courage; not just on is- tant to stress that, in his service on nic that he holds at his home for all sues with respect to peace, but, again the Appropriations Committee, what the students from Rhode Island who and again, Senator HATFIELD was the he has always tried to highlight is the are here at college, and come rain or one who would tell both political par- importance of rewarding States, pri- shine or votes on the Senate floor, Sen- ties, both Democrats and Republicans, vate citizens, and communities that ator PELL and his wife, Nuala, are al- ‘‘You are not going at it the right way. are willing, as has been the Oregon tra- ways there to greet the students and There is a better approach.’’ That is dition, to get out in front, to take a show them a little bit of the friendly true, whether it was national service or bold approach, to try to break out of hometown side of Washington. Senator the motor voter program—just a couple the old ways of doing business. I think PELL has always had his personal and of examples of recent vintage where he it is especially important that this committee staffs present so that stu- has bucked the tide in his party—or Senate follow that approach in the dents could learn from them. numerous other instances. It is always days ahead. Throughout his years in the Senate, possible to see that courage in MARK O. Let me say in concluding, in his de- Mr. President, CLAIBORNE PELL has HATFIELD. We know that courage is al- parture from the U.S. Senate, MARK O. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12243

HATFIELD leaves a lasting and inspira- controversial compromise, but without vate occasions. It has been the kind of tional model for all citizens, regardless that compromise, the bill that allowed relationship, as I said, that is very dif- of party, who aspire to public service. I Alaska and Alaska Natives to go for- ficult to see come to an end. I spoke to am going to miss his advice and coun- ward with the selection of their lands Senator NUNN as he was leaving here, sel. His service is going to be greatly would not have passed. It was a dif- and I know we will see him again and missed by the people of Oregon and by ficult situation through the 7 years of again. the country. debate on what we call the D–2 legisla- Senator KASSEBAUM has decided to We wish him and his wife Antoinette tion, and Senator HATFIELD was on the retire. She brought to the Senate a leg- the best for the days ahead. Interior and Insular Affairs Committee acy established by her father who had I yield the floor. at that time and served as an Alaska been a candidate for President in the The PRESIDING OFFICER. The surrogate, really, in many ways. thirties. Chair, in his capacity as a Senator I have cherished my relationship After coming to the Senate, Senator from the State of Missouri, observes with Senator HATFIELD and his wife, KASSEBAUM became the first woman the absence of a quorum. Antoinette. We have really shared Senator to chair a major Senate com- The clerk will call the roll. many private occasions together and mittee. Senator Margaret Chase Smith The legislative clerk proceeded to visited each other’s homes. It is the chaired a special committee back in call the roll. kind of friendship that is hard to wit- the fifties, but NANCY KASSEBAUM was Mr. STEVENS. Mr. President, I ask ness coming to an end. the first to chair a permanent commit- unanimous consent that the order for Now it is my hope that I will become tee, and demonstrated to the Senate the quorum call be rescinded. chairman of the Appropriations Com- the real skill and capabilities of a The PRESIDING OFFICER. Without mittee next year. He has left a great woman Senator as she chaired her com- objection, it is so ordered. mark on the Senate in his terms as mittee and used her soft-spoken ap- f chairman of the Appropriations Com- proach. I find that her approach works mittee and also when he was the rank- very well, particularly since we know THE RETIREMENT OF MANY GOOD ing member. her as a very tough, resilient nego- FRIENDS I know that the Senate joins this tiator. Whether she is an opponent or Mr. STEVENS. Mr. President, I have Senator in wishing MARK and Antoi- ally, depending upon the issue at hand, come to the Senate to make some com- nette Hatfield farewell as they return she is well known for her skills as a ments on a sad occasion, as I witness to their native State, and we hope they mediator, and we all admire her very the retirement of many good friends. have many fine years there. much. For instance, Senator MARK HAT- I am certain MARK HATFIELD is not As chairman of the Labor and Human FIELD came to the Senate just 2 years going to retire. We will hear from him Resources Committee, she brought to prior to my arrival. We served in World again and again as he pursues his us on a bipartisan basis the best pos- War II during the same period, 1943– former career as a professor and is in- sible health care insurance legislation 1946. volved in educating the people of his we could have, and she was very effec- As a matter of fact, at one time we State, particularly in sharing with tive as part of the Republican health compared notes and we decided jointly them the knowledge he has gained in care task force as we studied for over 3 he was probably the commander of a the Senate. years the problem of our health care Navy vessel that was in Tsingtao Bay, Another Senator I find it hard to say and health insurance systems. I know her deep interest in education China, when I flew into Tsingtao at the goodbye to is Senator SAM NUNN. SAM end of the war. came to the Senate in 1972. He had been legislation, and she has repeatedly helped us in Alaska with the various After the war, MARK became a col- a member of the U.S. Coast Guard prior problems we face because of the rural lege professor who displayed a great to becoming a Senator. He has had a nature of our State and the real de- deal of independence. I have a photo- consistent commitment to our military mands on our State and local govern- graph that I gave him a copy of the forces and to a strong national defense. ments for job training programs. other day which was of MARK HAT- We have traveled together on many oc- I recall very pleasantly NANCY FIELD, when he was Governor of Or- casions throughout the world attend- KASSEBAUM’s trip to Alaska, and we egon, John Tower, when he was just a ing NATO meetings and, in particular, hope that she will return and visit us new Senator from Texas, and I when I I remember the trips that we took into again and again. was a candidate for the Senate. It was the Persian Gulf during the Persian Her deep interest in aviation product when we met up at a conference former Gulf war. liability legislation brought us changes President Eisenhower held in Gettys- Actually, we have not talked too in that area of the law so that we hope burg. We have shared a great many much about it, but Senator NUNN, Sen- we will, once again, start having small concerns as Senators from Western ator INOUYE, Senator WARNER and my- planes constructed in the United States, and Senator HATFIELD has been self were in the Israeli defense min- States of the type that we very much very helpful to me over the years I istry one night when it was subject to need in Alaska. have served as one of Alaska’s first attack by Scud missiles from Iraq. It I know that she has indicated she is Senators. was a very memorable occasion. leaving to spend more time with her I was actually the third Senator to The next morning, we went out to five grandchildren. I have to tell the represent my State and as a Western look and see what happened to that Senate, I think we will see her most in Senator and former Governor, he has Scud, and it had fallen short of coming airports, because one of her grand- been very helpful to me throughout the into the center of Tel Aviv. We were children lives in South Carolina, three time we have served together. We went fortunate. Those who lived in the live in Connecticut and one lives in to the Appropriations Committee on homes where it fell were not that for- Kansas. Our great lady Senator has a the same day, and I have served with tunate. But we both remembered the good reason in her grandchildren to him as he has been chairman of that Patriot missile system and its deploy- travel the country, Mr. President. committee during the eighties and, ment to Israel. Had it not been there, I She has been a good friend, and Cath- again, during this Congress. am confident Senator NUNN and I erine and I are sad to see her leave, It has been a great privilege to serve would have departed the Senate much also. with him. I have had the role on the de- earlier. Senator EXON came in 1978, a year fense side of the Appropriations Com- I also thank he and Senator HAT- that I also was candidate for reelec- mittee, and he has been very kind to FIELD for the many wonderful mornings tion, and in that year we also had the me in allocating the funds necessary to we have had together at the Senate disastrous air crash that the Senate fulfill that responsibility. prayer breakfast. And like my friend- knows of in which I lost my first wife. He was the author of a compromise ship with Senator HATFIELD, my wife, It was following that time that Sen- in 1980 of great importance to my State and I have had a wonderful relationship ator EXON, having served in the Army on the issue of subsistence for rural with Colleen Nunn and SAM, and have in World War II and in the Army Re- people in Alaska. It has been a very also joined them at their home for pri- serve for many years, became one of S12244 CONGRESSIONAL RECORD — SENATE October 3, 1996 my traveling companions, in the early are made, sometimes longer than they the nation’s most intractable problems and 1980’s, as I was chairman of the Defense should be, sometimes shorter than they he has chosen to do it through institutions of Appropriations Subcommittee, and we should be. I have made my share of religious faith. His efforts may offer us a went to many different meetings that speeches on the Senate floor in the last fresh perspective on our commitment to address not only single parenthood in poor related to the defense of our country 18 years. But a Senator is also called neighborhoods, but what is happening to our and with the defense establishments of upon to speak off the Senate floor in sense of family and community in suburbs, other nations. gatherings in his or her State and in cities and small towns across America. I have to say, however, Senator sites across the country. Never in American history has a new vi- EXON’s fame in my State was over- I have often thought of the Senate sion begun in Washington. Never has it been shadowed by his wife, Pat, who is a speech as a form of communication, as the sole property of either political party. In much better fisherman, I mean a way of educating, as a way of leading. fact, to initiate a frank discussion of our fisherwoman; in my State we say I have tried to do that on the Senate current American condition requires us to ‘‘fisherperson’’ now. When they came throw off many of the barnacle-encrusted floor. In the last 2 years, we have had categories with which we are accustomed to to Alaska we enjoyed having them with a number of restrictions that have talking about this nation’s problems. This us. I note, now that he is leaving the made this kind of speech that I would could seriously disrupt the respective moral Senate, he may be able to come up and give, which would be a very lengthy allegiances and political turfs of both the meet the challenge and be able to leave speech, more difficult in morning busi- Democrats and Republican parties. I would a little bit better record and surpass ness as we have 10-minute time limits. like to start making that disruption happen, the records established by his wife For that reason, in the last 2 years I for out of such ferment might emerge the fresh ideas of a better American future. when she was fishing with us in Alaska. have given a number of speeches that In terms of a Senator whom I have Our contemporary political debate has set- have not been reflected in the RECORD tled into two painfully familiar ruts. Repub- known for many years, Senator ALAN but have been given at other forums licans, as we know, are infatuated with the SIMPSON—I actually met him before he across the country. magic of the ‘‘private sector’’, and reflex- came to the Senate, as the son of the I believe that these were speeches ively criticize government as the enemy of late Senator Milward Simpson. He was that I worked on as a Senator. These freedom. Human needs and the common good very active in Wyoming affairs, and were speeches that I thought about as are best served through the marketplace, prior to being here in the Senate, I re- goes their mantra. a Senator and delivered as a Senator. member meeting him at a Republican At the other extreme, Democrats tend to Therefore, I believe that it is impor- event in Wyoming. I have gotten to distrust the market, seeing it as synony- tant that I share them with the Senate know him very well since he has been mous with greed and exploitation, the do- and for the RECORD. I see the Chair main of Jay Gould and Michael Milkens. in the Senate. twitching a little bit. He need not Ever confident in the powers of government Senator ALAN SIMPSON has served the worry that I am going to deliver all to solve problems, Democrats instinctively Senate as the Republican whip longer turn to the bureaucratic state to regulate than any Senator in our history. He these speeches at this moment. I would like to submit for the the economy and to solve social problems. served 10 years. As a westerner with Democrats generally prefer the bureaucrat RECORD a speech called ‘‘America’s particular understanding of the prob- they know to the consumer they can’t con- lems that are experienced by those of Challenge: Revitalizing Our National trol. Of course, both parties are somewhat us who come from the West, he rep- Community,’’ ‘‘After the Revolution: disingenuous. Neither is above making self- resented us very well with his knowl- Rethinking U.S.-Russia Relations,’’ serving exceptions. For example, Repub- edge of small population, public land ‘‘Race Relations in America: The Best licans say they are for the market, but they States. With his very quick wit and his and Worst of Times,’’ ‘‘Harry Truman: support market-distorting tax loopholes and Public Power and the New Economy,’’ wasteful subsidies for special interests as di- pithy observations of the cir- verse as water, wheat, and wine. Then there cumstances that we face, he has always and the speech to the National Associa- tion of Radio Talk Show Hosts on the are the Democrats who say that they want been able to find a solution that was an activist government but won’t raise the acceptable to the Senate on issues that occasion of the Freedom of Speech taxes to fund it or describe clearly its limits affected our Western States. He has Awards Gala Dinner. I ask unanimous or its necessity. Still, these twin poles of po- generated a bipartisan solution in consent that all of these speeches be litical debate—crudely put, government ac- many instances when many of us printed in the RECORD and that they be tion versus the free market—utterly domi- thought there was no way out. It has my last official act as a U.S. Senator nate our sense of the possible, our sense of taken real courage on his part in many on the floor of the Senate. what is relevant and meaningful in public af- instances to find that bipartisan solu- There being no objection, the mate- fairs. Yet, the issues that most concern rial was ordered to be printed in the Americans today seem to have little direct tion. connection with either the market or gov- The Senate has witnessed that just RECORD, as follows: ernment. Consider the plague of violence, recently in the immigration issue. AMERICA’S CHALLENGE: REVITALIZING OUR guns, and drugs; the racial tensions that af- Knowing his departure was coming NATIONAL COMMUNITY flict so many communities; the turmoil in upon us, many of us have worked with (By Senator Bill Bradley) public education; the deterioration of Ameri- him long and hard to try to help him Two nights ago I attended a dinner in St. ca’s families. achieve his goal of the passage of sound Louis, Missouri to honor former U.S. Sen- Today I will suggest that any prescription legislation in the immigration field. ator Jack Danforth. Fifteen Senators from for America must understand the advantages We wish him and Ann, his lovely both parties attended along with several and limits of both the market and govern- wife, the very best as they now return thousand Missourians. Nearly a million dol- ment, but more importantly, how neither is to Wyoming and to other endeavors. lars was raised for an organization called equipped to solve America’s central prob- Interact, to which Jack Danforth will dedi- lems; the deterioration of our civil society ALAN SIMPSON is also a person we are cate much of his post-Senate energies. The and the need to revitalize our democratic going to hear more about. organization’s charter is to coordinate ef- process. The PRESIDING OFFICER. The forts by the religious community in St. Civil society is the place where Americans Chair informs the Senator that the Louis to support programs which will im- make their home, sustain their marriages, Senator’s time has expired. prove the life chances of inner-city, predomi- raise their families, hand out with their Mr. STEVENS. Mr. President, I ask nately African children. friends, meet their neighbors, educate their unanimous consent that I continue When I left Missouri for college back in children, worship their god. It is the church- until someone comes. There is another 1961 the number of children in St. Louis born es, schools, fraternities, community centers, Senator here. I will continue my com- to a single parent was 13%; now it is 68%. labor unions, synagogues, sports leagues, ments later. Thank you very much. Among black children it is 86%. Senator Pat PTAs, libraries and barber shops. It is where Mr. BRADLEY addressed the Chair. Moynihan points out that this social crisis is opinions are expressed and refined, where The PRESIDING OFFICER. The Sen- taking place across the North Atlantic world views are exchanged and agreements made, where a sense of common purpose and con- ator from New Jersey is recognized. (English out-of-wedlock births are 31%, and in France, 33%) and Jack Danforth has sensus are forged. It lies apart from the f waded into this crisis in hope of developing a realms of the market and the government, SENATOR BRADLEY’S SPEECHES strategy that can turn these tragic numbers and possesses a different ethic. The market around. is governed by the logic of economic self-in- Mr. BRADLEY. Mr. President, the I begin with this story because Jack has terest, while government is the domain of Senate floor is a place where speeches chosen to leave government to tackle one of laws with all their coercive authority. Civil October 3, 1996 CONGRESSIONAL RECORD — SENATE S12245 society, on the other hand, is the sphere of lars. In many ways the worlds of politics and in most of our communities is the public our most basic humanity—the personal, ev- business have de-legitimized the local, the school, which too often closes at 4:00 pm only eryday realm that is governed by values such social, the cultural, the spiritual. Yet upon to see children in suburbs return to empty as responsibility, trust, fraternity, solidarity these things lie the whole edifice of our na- homes with television as their babysitter or, and love. In a democratic civil society such tional well-being. in cities, to the street corners where gangs as ours we also put a special premium on so- Alongside the decline of civil society, it is make them an offer they can’t refuse. Keep- cial equality—the conviction that men and a sad truth that the exercise of democratic ing the schools open on weekdays after women should be measured by the quality of citizenship plays, at best, a very minor role hours, and on weekends, with supervision their character and not the color of their in the lives of most American adults. Only coming from the community, would give skin, the shape of their eyes, the size of their 39% of the eligible voters actually voted in some kids a place to study until their par- bank account, the religion of their family, or 1994. The role formerly played by party orga- ents picked them up or at least would pro- the happenstance of their gender. nizations with face to face associations has vide a safe haven from the war zone outside. What both Democrats and Republicans fail been yielded to the media, where local TV Thirdly, we need a more civic-minded to see is that the government and the mar- news follows the dual credos, ‘‘If it bleeds, it media. At a time when harassed parents ket are not enough to make a civilization. leads, and if it thinks, it stinks,’’ and paid spend less time with their children, they There must also be healthy, robust civic sec- media politics remains beyond the reach of have ceded to television more and more of tor—a space in which the bonds of commu- most Americans. Whey only the rich, such as the all-important role of story-telling which nity can flourish. Government and the mar- Ross Perot, can get their views across on TV, is essential to the formation of moral edu- ket are similar to two legs on a three-legged political equality suffers. The rich have a cation that sustains a civil society. But too stool. Without the third leg of civil society, loudspeaker and everyone else gets a mega- often TV producers and music executives and the stool is not stable and cannot provide phone. Make no mistake about it, money video game manufacturers feed young people support for a vital America. talks in American politics today as never be- a menu of violence without context and sex Today the fragile ecology of our social en- fore, and no revival of our democratic cul- without attachment, and both with no con- vironment is as threatened as that of our ture can occur until citizens feel that their sequences or judgement. The market acts natural environment. Like fish floating on participation is more meaningful than the blindly to sell and to make money, never the surface of a polluted river, the network money lavished by PACs and big donors. pausing to ask whether it furthers citizen- of voluntary associations in America seem to Then, there are the campaigns that we ship or decency. Too often those who trash be dying. For example, PTA participation politicians run which short-circuit delibera- government as the enemy of freedom and a has fallen. So have Boy Scout and Red Cross tive judgment. People sit at home as spec- destroyer of families are strangely silent volunteers. So have labor unions and civic tators, wait to be entertained by us in 30-sec- about the market’s corrosive effects on those clubs such as the Lions and Elks. In the re- ond pre-polled, pre-tested emotional appeals very same values in civil society. The answer cent ‘‘Mood of America’’ poll taken by the and then render a thumbs up or a thumbs is not censorship, but more citizenship in the Gannett News Service, 76 percent of those down almost on a whim. Outside the cam- corporate boardroom and more active fami- surveyed agreed that ‘‘there is less concern paign season, we, the elected leaders, too lies who will turn off the trash, boycott the for others than there once was.’’ All across often let focus groups do our thinking for us. sponsors and tell the executive that you hold America, people are choosing not to join Public opinion does not result from reasoned them personally responsible for making with each other in communal activities. One dialogue, but from polls that solicit knee- money from glorifying violence and human recent college graduate even volunteered jerk responses from individuals who have degradation. sadly that her suburban Philadelphia neigh- seldom had the opportunity to reflect on Fourth, in an effort to revitalize the demo- bors ‘‘don’t even wave.’’ Bosnia, GATT, property taxes or public edu- cratic process, we have to take financing of Every day the news brings another account cation in the company of their fellow citi- elections out of the hands of the special in- of Americans being disconnected from each zens. terests and turn it over to the people by tak- other. Sometimes the stories seem comical, From the Long House of the Iroquois to ing two simple steps. Allow taxpayers to such as that of the married couple in Roch- the general store of de Tocqueville’s America check off on their tax returns above their ester, New York who unexpectedly ran into to the Chautauquas of the late 19th Century, tax liability up to $200 for political cam- one another on the same airplane as they de- to the Jaycee’s, Lions, PTA’s and political paigns for federal office in their state. Prior parted for separate business trips and discov- clubs of the early ’60s, Americans have al- to the general election, divide the fund be- ered that each had, unbeknownst to the ways had places where they could come to- tween Democrat, Republican or qualified other, hired a different babysitter to care for gether and deliberate about their common independent candidates. No other money their young daughter. Often the stories are future. Today there are fewer and fewer fo- would be legal—no PACs, no bundles, no big less amusing, such as that of the suburban rums where people actually listen to each contributions, no party conduits—even the Chicago couple who, unbeknownst to their other. It’s as if everyone wants to spout his bankroll of a millionaire candidate would be indifferent neighbors, left their two little opinion or her criticism and then move on. off-limits. If the people of a state choose to girls home alone while they vacationed in So what does all this imply for public pol- give little, then they will be less informed, Mexico. Or the story in New York City of the icy? but this would be the citizens’ choice. If murder of a young woman in a running suit First, we need to strengthen the crucible of there was less money involved, the process whose body went unidentified, unclaimed, civil society, the American family. Given the would adjust. Who knows, maybe attack ads and apparently unwanted for a week before startling increase in the number of children would go and public discourse would grow. she was identified by her fingerprints as a growing up with one parent and paltry re- Public policy, as these suggestions illus- New Jersey woman wholly estranged from sources, we need to recouple sex and parental trate, can help facilitate the revitalization her family. responsibility. Rolling back irresponsible of democracy and civil society, but it cannot It is tempting to dismiss these stories as sexual behavior (sex without thought for its create civil society. We can insist that fa- isolated cases. But I think they have a grip consequences), is best done by holding men thers support their children financially, but on our imaginations precisely because they equally accountable for such irresponsibil- fathers have to see the importance of spend- speak to our real fears. They are ugly re- ity. Policy should send a very clear mes- ing time with their children. We can figure minders of the erosion of love, trust, and mu- sage—if you have sex with someone and she out ways, such as parental leave, to provide tual obligation. They are testimony to a pro- becomes pregnant, be prepared to have 15% parents with more time with their children, found human disconnectedness that cuts of your wages for 18 years go to support the but parents have to use that time to raise across most conventional lines of class, race mother and child. Such a message might their children. We can create community and geography. force young men to pause before they act schools, but communities have to use them. That is one reason, perhaps, that we love and to recognize that fatherhood is a life- We can provide mothers and fathers with the the television show, ‘‘Cheers.’’ It is the bar time commitment that takes time and tools they need to influence the storytelling ‘‘where everyone knows your name.’’ How money. of the mass media, but they ultimately must many of us are blessed with such a place in And, given that 40% of American children exercise that control. We can take special in- our lives? How many of us know the names, now live in homes where both parents work, terests out of elections, but only people can much less the life stories of all the neighbors we have only four options if we believe our vote. We can provide opportunities for a in our section of town or even on several rhetoric about the importance of child- more deliberative citizenship at both the na- floors of our apartment building? rearing: higher compensation for one spouse tional and the local level, but citizens have To the sophisticates of national politics, it so that the other can stay home perma- to seize those opportunities and take individ- all sounds too painfully small-time, even nently; a loving relative in the neighbor- ual responsibility. corny to focus on these things. After all, vol- hood; more taxes or higher salaries to pay We also have to give the distinctive moral untary local associations and community for more daycare programs; or, parental language of civil society a more permanent connection seem so peripheral to both the leave measured in years, not weeks, and place in our public conversation. The lan- market and government; both the market available for a mother and a father at dif- guage of the marketplace says, ‘‘get as much and the government have far more raw ferent times in a career. The only given is as you can for yourself.’’ The language of power. Government and business are na- that someone has to care for the children. government says, ‘‘legislate for others what tional and international in scope. They’re on Secondly, we need to create more quality is good for them.’’ But the language of com- TV. They talk casually about billions of dol- civic space. The most underutilized resource munity, family and citizenship at its core is S12246 CONGRESSIONAL RECORD — SENATE October 3, 1996 about receiving undeserved gifts. What this to be a part of. The more open our public dia- new political vision that could dry up the nation needs to promote is the spirit of giv- logue, the larger the number of Americans fear and heal the wounds of racial division. ing something freely, without measuring it who join our deliberation, the greater chance What each of them was saying in different out precisely or demanding something in re- we have to build a better country and a bet- ways was that the issue of race can never be turn. ter world. a Black issue alone—not only because Amer- At a minimum, the language of mutual ob- ica is blessed by an abundance of Asian ligation has to be given equal time with the RACE RELATIONS IN AMERICA: THE BEST AND Americans, Latino Americans, and Native language of rights that dominates our cul- WORST OF TIMES Americans, but because a racial dialogue ture. Rights talk properly supports an indi- (By Senator Bill Bradley) cannot take place without White Americans vidual’s status and dignity within a commu- becoming full participants. White Americans nity. It has done much to protect the less Slavery was America’s original sin, and have a race too. Black separatists flourish powerful in our society and should not be race remains its unresolved dilemma. For where Whites shut their doors to dialogue abandoned. The problem comes in the adver- the last year, three Black males have domi- and assume no responsibility for their own sarial dynamic that rights talk sets up in nated the nation’s focus on race. They are OJ stakes in racial healing. which people assert themselves through con- Simpson, Louis Farrakhan and Colin Powell. As America heads into a presidential elec- frontation, championing one right to the ex- Each in his own way fed America’s appetite tion year and California confronts affirma- clusion of another. Instead of working to- to live vicariously and to shrink from con- tive action in one of its ballot initiatives, gether to improve our collective situation, fronting our racial reality. Each said some- the racial landscape of America seems full of we fight with each other over who has supe- thing different about the state of race rela- land mines. Yet it is precisely at such mo- rior rights. Americans are too often given to tions in America. They allowed White Amer- ments of heightened awareness that we can speaking of America as a country in which icans to either ridicule, demonize, or idealize make the greatest progress because it is at you have the right to do whatever you want. Black Americans. The OJ case conveyed an those moments that the necessary pain of On reflection, most of us will admit that no almost irrevocable division between Blacks candor can be endured and then transcended. country could long survive that lived by and Whites with the same disparate percent- So let us ask people who run for president to such a principle. And this talk is deeply at ages of Blacks and Whites feeling he was give us their pedigrees on race, including the odds with the best interests of civil society. guilty before and after the trial. Louis real life experiences that led them to their Forrest Gump and Rush Limbaugh are the Farrakhan allowed Whites to attack the present understanding. Let us urge them to surprise stars of the first half of the ’90s be- messenger rather than confront the part of step up to the subject regularly, not just cause they poke fun at hypocrisy and the in- his message about the desperate conditions when there is a racial explosion somewhere adequacy of what we have today. But they in much of Black America. Colin Powell per- in America. Let us urge Republicans not to are not builders. The builders are those in lo- mitted White America to fantasize that an play the race card and Democrats to do more calities across America who are constructing answer to our racial divisions amounted to than the minimum to ensure a strong Black bridges of cooperation and dialogue in face no more than, ‘‘We like you; you do it for voter turnout. Above all, let both parties to face meetings with their supporters and us.’’ stop demagoguing the tragic issue of welfare, their adversaries. Alarmed at the decline of Any person, Black or White, touched by and start digging deeper into themselves civil society, they know how to understand the media becomes bigger than life so that, about America’s racial future. To expect less the legitimate point of view of those with as with the latest athletic virtuoso, the rest is to admit that our politics has failed us on whom they disagree. Here in Washington, ac- of us become spectators. Little of the media one of America’s most important issues. tion too often surrounds only competition attention on these men recognized the kind So what is the state of Black-White rela- for power. With the media’s help, words are of work necessary for individual Americans, tions in America? Both Black and White used to polarize and to destroy people. In Black and White, to bridge the racial divide. America are caught in a traumatic economic cities across America where citizens are In each of their stories, the media, with its transformation in which millions of Ameri- working together, words are tools to build need to oversimplify, was crucial in building cans feel insecure about their future and for bridges between people. For example, at New them up or tearing them down or both in se- good reason. There are 130 million jobs in Communities Corporation in Newark, New quence. Each of them became more a symbol America and 90 million of them involve re- Jersey, people are too busy doing things to than a human being. petitive tasks, which means that a computer spend energy figuring out how to tear down. The real heroes, however, are not the ones can displace any of those jobs. In a world In these places there are more barn-raisers that the media churns up and then discards. where credit departments of 300 people are than there are barn-burners. Connecting The real heroes are the parents who lead routinely displaced by 10 computer their idealism with national policy offers us every day in their homes (as Barbara Bush workstations, more and more Americans will our greatest hope and our biggest challenge. said. ‘‘What happens in your house is more lose good paying jobs along with their health Above all, we need to understand that a important than what happens in the White insurance and often their pensions, so that true civil society in which citizens interact House’’), and the citizens and community corporate profits can rise and productivity on a regular basis to grapple with common leaders who are not courting fame, but pro- increase. problems will not occur because of the arriv- ducing results, who give of themselves be- During the first six months of 1993, the al of a hero. Rebuilding civil society requires cause they hold certain values about people Clinton Administration announced that 1.3 people talking and listening to each other, in America. million jobs had been created, to which a not blindly following a hero. For example, there were other African TWA machinist replied, ‘‘Yeah, my wife and I was reminded a few weeks ago of the Americans this year—Anna Deavere Smith, I have four of them.’’ And indeed, over half temptation offered by the ‘‘knight in shining Mark Ridley-Thomas, Kimberle Crenshaw of the newly created jobs were part-time. armor’’ when the cover of a national maga- and Harlon Dalton—who hardly made a rip- If you’re African American, you’ve seen it zine had General Colin Powell’s picture on it ple in our mass culture. If you know their before. In the 1940s the cotton gin pushed with a caption something like, ‘‘Will he be names, raise your hand. Yet, each in his or Black field hands off the farms of the South the answer to our problems?’’ If the problem her own way through art, government, writ- and to the cities of the North. Labor-inten- is a deteriorating civic culture, then a char- ing and the law was confronting the hard sive manufacturing jobs seemed to be the ismatic leader, be he the President or a Gen- facts of our reality and raising the deeper Promised Land. Then automation arrived eral, is not the answer. He or she might questions of race related to identity and to and the last hired were the first fired and make us feel better momentarily but then if our common humanity. Anna Deavere millions of unskilled Black workers lost we are only spectators thrilled by the per- Smith, a professor and playwright, was writ- their jobs. Still, many hung on in the manu- formance, how have we progressed collec- ing and acting the voices of Jews and Blacks facturing sector. Then, with the advent of in- tively? A character in Bertolt Brecht’s in Crown Heights, New York and, in the formation technology and foreign competi- Galileo says, ‘‘Pity the nation that has no work called Twilight: Los Angeles, finding tion, labor unions, such as the multiracial heroes,’’ to which Galileo responds, ‘‘Pity rich strains of diversity in Black America it- steelworkers saw their membership plummet the nation that needs them.’’ All of us have self as well as the words of White Americans from 750,000 in 1979 to 374,000 in 1990. Finally, to go out in the public square and all of us who are part of the racial dialogue. L.A. city in the 1960s and ’70s, government began to have to assume our citizenship responsibil- councilman, Mark Ridley-Thomas was con- employ African Americans in sizable num- ities. For me that means trying to tell the ceiving, organizing and carrying out racial bers, but in the 1980s and 1990s, with the fis- truth as I see it to both parties and to the dialogues during some of the tensest race cal crunch in full progress, government em- American people without regard for con- moments in Los Angeles’ history. Law pro- ployees were let go. In the midst of the infor- sequences. In a vibrant civil society, real fessor, Kim Crenshaw, through an analysis of mation revolution, just as in the midst of leadership at the top is made possible by the the legal history of civil rights, was bril- any recession, tough economic winds become understanding and evolution of leaders of liantly revealing the attitudinal antecedent a hurricane for African Americans. awareness at the bottom and in the middle, to today’s White backlash against affirma- Many White Americans who have been that is, citizens engaged in a deliberative tive action and in so doing, asking us all if caught in the cold winds for the first time discussion about our common future. Jack we really want to head down that road again. feel disoriented. Many become easy prey for Danforth knows that, and so do thousands of Finally, Harlon Dalton, author, singer, and politicians who want to explain deteriorat- other Americans who have assumed their re- professor, was challenging people of good ing standards of living by stigmatizing Black sponsibility. That’s a discussion that I want will in both races to risk candor and build a Americans. ‘‘You have lost your job,’’ these October 3, 1996 CONGRESSIONAL RECORD — SENATE S12247 mischief makers say, ‘‘because of affirmative White Americans seem to have ignored the cially for Whites, because it is more subtle. action or because of the money government devastation in many American cities. Both It is rooted in assumptions about every day, spends to help the poor.’’ Instead of seeing government and the private sector have yet there is no denying it. For example, if the demographic reality-that only as all proven inadequate to the task of urban reju- I’m looking to buy a house and I’m White, I Americans advance will White Americans ad- venation. It’s almost as if the kids with never fear someone will say no to me because vance—they often fall into the scapegoating AIDS, the gang members with guns, the of my race, but if I‘m Black, I constantly trap. It’s an old story. teenagers lost to crack cocaine, the young make assessments about what is possible, In California, a white-collar worker named rape victim whose only self-respect comes problematic or impossible. That freedom Ron Smith who lost his job at McDonnell- from having another child, don’t exist for from fear is a White skin privilege. If I’m Douglas two years ago, told a journalist how most White Americans. That is why the Mil- White, I know that if I meet the economic his sense that he was ‘‘starting to lose my lion Man March was so important. Although criteria I’ll get the loan. If I’m Black, I know grip’’ feeds into the divisiveness that is tear- it was based on the premise that White I might not. Skin privilege means that I ing our country apart: ‘‘I get angry, and a lot Americans won’t help, it was itself I think a don’t have to worry that my behavior will of anger is coming out,’’ he said. ‘‘I’m blam- remarkable moment in American history. reflect positively or negatively on my race; ing everyone—minorities, aliens coming First, in a country where murder is the num- it will reflect only on me and on my family. across the border. I don’t know how much ber one cause of death among young African Skin privilege means that I can relate to a truth there is to it. I mean, I don’t think American males, and where single-parent- stranger without first having to put them at there are any planners and engineers coming hood continues to rise, and where drugs and ease about my race. I know Black males who across the border. But it hurts when you go dealing drugs are sometimes the profession walk the street whistling classical music to to an interview and you know damn well you of choice for the young as opposed to teach- let Whites know they’re not dangerous. can do the job, and you know they are looking or becoming a minister of any faith, it is As long as White America remains blind to ing at you and thinking, ‘Forget it.’ ’’ enormously positive to have a million Afri- its own racial privilege, Black Americans The fact is that, economically, Black can American men come together and say, will feel that the focus falls too heavily on America is in the best and worst of times. We’re going to take individual responsibility them. I never thought much about my skin Roughly a third of Black America can now to change these circumstances. But, similar privilege until I became a professional bas- be called middle class. Black Americans dis- to Promise Keeper, a group of the Christian ketball player. That was a time when pun- tinguish themselves in virtually every field community that gathers 50,000 predomi- dits asserted that the reason some teams of endeavor. But more than 30% of Black nantly White middle-class men in a stadium drew sparse crowds was because they had Americans live in grinding poverty. Many where they pledge to be good fathers and five Black starters. Suddenly, in my first can’t find a job, can’t get credit to buy a husbands, the hard part is living the pledge year, I began to receive offers to do commer- house or start a business, and increasingly every day. The test will be whether the mil- cial endorsements. I felt that they were com- can’t make ends meet for necessities, much lion men return to their communities, re- ing to me instead of my Black teammates less save for the future. Indeed, the unem- duce the violence and drugs and become not because I was the best player; I wasn’t. ployment rate for Blacks is routinely twice meaningful figures in the lives of fatherless No, they were coming because of skin privi- that for Whites. Also, the earnings of Black children. lege, because I was me and I was White and college-educated men have only recently My Senate office legal counsel, who is Afri- marketers still believed, like the teams that reached parity with those of White men with can American, attended the Million Man hesitated to start the five best players be- high school diplomas. Of greater significance March on the National Mall. He told me that cause they might be Black, that a White is the fact that 46% of Black children live the atmosphere was electric and that it republic would never buy from a Black sales- below the poverty line, compared with 17% of flected great diversity. For example, a Ko- man. Some companies still believe that. White youngsters. rean American woman was selling soda and That’s why Bill Cosby’s Jell-O ads were so Without question, disintegrating family ice-cream and at one point during the day, important and why Michael Jordan must structure contributes to Black poverty. The up came a Black man to purchase a drink. never forget who paved the way. average income for a two-parent Black fam- Another Black man was standing nearby As long as White America believes that the ily is three times the income of a single-par- with his arms folded, and he said, ‘‘No, not race problem is primarily a Black problem of ent White family. But poverty is more than today brother; today you buy from a brother, meeting White standards to gain admittance a Black problem. It is a broad national sys- not from her.’’ Another one came up and to White society, things will never stabilize temic issue flowing from inadequate eco- said, ‘‘Not today brother; today you buy and endure. But the flip side of White skin nomic growth unfairly shared. Indeed, there from a brother, not from her.’’ A third guy privilege is negative Black attitudes—re- are 16 million more White Americans in pov- came up and said the same thing, but the flected in even small things, such as coldness erty than there are Black Americans in pov- third guy replied, ‘‘What do you mean, ‘I buy in daily interactions at work, slowdowns in erty. But many Whites feel it is primarily a from the brother’? Don’t you realize you’re providing services to Whites, or gathering at Black problem. Because of lingering racial doing the same thing to her that was done to separate tables in cafeterias—that cast any attitudes and stereotypes, marshaling re- us for 200 years. I’m buying from her!’’ And attempts by Whites at racial dialogue as dis- sources to cope with it becomes more dif- he does. Another one came up, the same ex- ingenuous and illegitimate. African Ameri- ficult. In that sense, racism contributes to perience, an argument: ‘‘I’m buying from her cans have to open up their worlds to Whites Black poverty and to White poverty, too. because why should we discriminate against just as Whites have to open up their worlds The conflict between generations in the her the way we’ve been discriminated to Blacks. Without that kind of candor, the Black community is real and the primary re- against?’’ The Million Man March was not of dialogue will be phoney. Without that kind sponsibility for bridging it rests with the one mind; it was a million minds whose faces of mutual interest, the ties will not bind. Black community. There is a breakdown in happened to be Black. Without that kind of mutual commitment, communication and a breakdown in values. Minister Louis Farrakhan has said things racial hierarchy will persist. When I left Missouri for college in 1961, the that are on many levels despicable. But more I believe most White Americans are not number of children in St. Louis born to a importantly, in practical terms, his separat- racist. Mark Fuhrman is, thank God, the ex- single parent was 13%; now it is 68%. Among ist message is a dead end. If he succeeds in ception, not the rule. Most White Americans Black children it is 86%. In some cities, such countering self-destructive behavior while easily reject the crude stereotyping and vio- as Baltimore, 55% of the African American also separating the Black community from lent race hate of a Fuhrman. We are no males between the ages of 18 and 34 are ei- the White community, what he will have cre- longer living in a time where a group of Ger- ther in jail, on probation, or awaiting trial. ated is the equivalent of many a segregated man prisoners of war could be served at a The idealistic call of Martin Luther King, Jr. neighborhood prior to the civil rights revolu- Kansas lunch counter, while the Black sol- or the disciplined march of Muslims who tion. Ultimately, the question is not only diers guarding them could not sit next to have declared war on Black self-destruction, how do we counter the poverty, violence and them. We are no longer living at a time when can’t compete with the latest gangsta rapper family disintegration, but how do we all live in Washington, D.C. a priest refused to con- who from the TV screen calls young people together? tinue his sermon until a Black worshiper to a life of crime, violence, White hate, and Although some Black Americans resent it, moved to the back of the church. Today female abuse. Increasingly, a generation White Americans also have a view on how we there is something much more subtle afoot with little to lose pulls the trigger without can resolve the problem of race. Although in America. As Harlon Dalton writes of the remorse, risks nothing for their neighbor and some White Americans resent it, Black African American experience: invests little in their own futures. They live Americans can challenge us to reflect on our Instead of having doors slammed in our for today, some because that’s all they have own race. Among other things, that means faces, we are cordially invited to come on in. ever done and others because they believe that we have to recognize that the flip side Instead of being denied an application, we that their tomorrow will only be worse. of racial discrimination is racial privilege, are encouraged to fill one out. Instead of Is the plight of this element of young which consists of all those things that come failing to make the first cut, we make it to Black America an isolated cancer, or a har- to White Americans in the normal course of the final round. And when the rejection let- binger of all our futures? Is the message of living; all the things they take for granted ter finally arrives, it has a pretty bow tied these young black Americans pathological or that a Black person must never take for around it, (Something like: ‘‘We were not prophetic? Will the rest of America respond granted. Race privilege is a harder concept able to make you an offer at this time, but or turn its back? to grasp than racial discrimination, espe- we really enjoyed having the chance to get S12248 CONGRESSIONAL RECORD — SENATE October 3, 1996 to know you.’’) Similarly, we hardly ever run alize that in some place affirmative action is rights of contract, the discriminatory prac- into Bull Connor or even David Duke any- the only way we can balance White skin tices were so widespread that they acted as more. Instead, we encounter people who are privilege. For example, the US military, an impediment to interstate commerce for ostensibly on our side and who seek to pro- even after President Truman’s desegregation Black people as a group. Individual freedom tect us from the stigma of affirmative action order, remained a bastion of White, often yielded to group remedy for group discrimi- and the dependency created by too much Southern, officers. It took Jimmy Carter and nation. Thus, the interests of the national government support. Instead of confronting his African American secretary of the Army, community to prevent racial discrimination nasty people intent on using our color Clifford Alexander, to change the way pro- took precedence over the individual right to against us, we are surrounded by perfectly motions were granted so that Black officers bar Black Americans from enjoying the ben- nice people who embrace the colorblind ideal had a chance to become generals. In other efits of full citizenship. with a vengeance. words, without Cliff Alexander, there would Today, many of the people who oppose af- All of this poses a question I raised in 1992 be no Colin Powell. If you don’t believe me, firmative action and state a preference for at the Democratic Convention. The silence of ask Colin Powell. If you believe that that color blindness and justify their position by good people in the face of continuing racism was then and this is now, and that there is reference to the American tradition of con- is often as harmful as the actions of bad peo- no need to look at other institutions, I refer sidering individuals equal before the law are ple. While most people aren’t racist, there you to the report of the Glass Ceiling Com- often the same people who seldom have are some White and Black people in America mission. I ask you only to answer why there Black friends and who will choose the White who do remain racists, spewing hostility to- are no Black CEOs of major corporations and teacher for their children every time. when ward another person simply because of his or why major New York law firms still have people shout reverse discrimination they ig- her race. There are White politicians who only a minuscule number of Black partners. nore our history, the continuation of subtle play the ‘‘race card’’ and there are Black To understand what needs to be done re- White skin privilege, and the fact that more politicians who play the ‘‘racist card.’’ But quires knowing a little history. The issue White people lost their jobs in the 1982 reces- the word racist is over used. Most people arose during the consideration of the 1964 sion than blacks have gained jobs from aren’t brimming over with race hatred. To Civil Rights Act: Do we put an administra- court-ordered affirmative action since its in- say that someone who opposes affirmative tive enforcement mechanism in the law to ception. When people diminish real, not action is racist denies the possibility that remedy discrimination in employment? The imagined, Black contributions to our society the person may just be ignorant or Republicans in the Senate said they would as if they were a threat to our historical unknowledgeable. If one hurls the epithet, join the Southern Democrats and filibuster canon, they diminish their own understand- ‘‘racist’’ a meaningful dialogue is unlikely to the bill if President Johnson gave the soon- ing of themselves and their country. What is follow and it is only out of candid conversa- to-be-created EEOC an administrative en- at work here is the attempt to again distort tions that Whites will discover skin privi- forcement mechanism, so he dropped it out. traditional American values to slow down lege, Blacks will accept constructive criti- Now, if there is an act of discrimination, progress on race. cism from Whites and progress will come what you do is file a petition with the EEOC. During the civil rights era, the message steadily. But there is no way to bring the issue to a was that Black Americans wanted to make But let us not abandon the quest to end conclusion. So, the case languishes indefi- something of themselves through hard work, racism. Let us root out what Harlon Dalton nitely. There are now 97,000 cases backlogged religious devotion, political activism and calls those ‘‘culturally accepted beliefs that at the EEOC. Imagine you’re a competent educational attainment. White America had defend social advantage based on race.’’ To mid-level clerk in a company that has pro- only to do what was in its own long-term in- do that however, takes individual initiative moted Whites, but rarely a Black, or you’re terests anyway and remove the architecture and involvement. That begins with a Presi- the 25th African American who’s applied for of racial oppression. The movement had the dent and doesn’t end until all of us as indi- a job with a police department in a city that high moral ground. Today, with murder, viduals become engaged. Ronald Reagan de- is overwhelmingly African American, and AIDS and drugs running rampant through the black community, with many blacks un- nied that there was any discrimination in not one has ever been accepted and so you willing to accept some of the responsibility America, much less racism. George Bush was decide to bring a case at the EEOC. After for their predicament, White Americans a little better, but then he appointed Clar- five years you get no remedy. So then you go seem more and more unwilling to make sac- ence Thomas to the Supreme Court who, in to court for another five years, at the end of rifices to change the abysmal physical condi- an odd twist, turned the clock back on the which you may or may not get a remedy, tions. When black separatists come across whole issue. And now Bill Clinton says, Yes, which means for people of modest means, more like Governor Wallace than Martin Lu- there is racism; yes we need affirmative ac- you don’t have a remedy for discrimination ther King, they give those Whites who are tion; and yes, I’ll give my own pedigree in because you can’t afford a lawyer for ten only marginally interested in Black folks in terms of my own experience. I believe he is years in order to get your promotion from a the first place a reason to turn off. strongest when he talks about conviction re- $30,000 to $40,000 a year job. To counter the human devastation in parts lated to race because I do think he has that The EEOC should have the same power of urban America, chronicled so vividly by conviction. But the question we need to hear that the National Labor Relations Board Jonathan Kozal in Amazing Grace and Sav- him answer is, What are we going to do has, which is cease and desist authority, the age Inequalities, will take an heroic effort about it? One would like to see him talk ability to bring a case to a conclusion and by thousands in the Black and White com- about it more, to remind people of our his- say, Yes, there was discrimination and this munities working together. It will take po- tory, to educate Americans about why it’s is a remedy, or say, no, there was no dis- lice departments that do their jobs conscien- important that we get beyond these stupid crimination, this is frivolous. With a more tiously and with adequate resources. It will divisions that diminish our possibilities as streamlined procedure for resolving charges take schools that are teaching institutions, individuals and as a nation. of discrimination, companies would pay less not simply warehouses for storing our chil- Affirmative action takes on such a dis- to lawyers defending them against frivolous dren. It will take surrogate families who will proportionate place in our national politics cases and individuals who have a legitimate express some small love for a kid without because many Whites cannot conceive of claim would get a more timely resolution to parents. It might even take boarding schools White skin privilege and because discrimina- the problem of discrimination. But once for kids that can’t make it in the neighbor- tion, when it occurs, remains largely given real power, the EEOC has to resist ri- hood. Above all, it will take a new biracial unaddressed. Why not deal with the underly- diculous interventions that allow Americans political vision that acts, because to fail to ing issue which is discrimination and facili- who don’t want to fight discrimination an act will stain our ideals, diminish our tate remedies for discrimination? Affirma- excuse to discredit the whole EEOC effort. chances for long-term prosperity, and short- tive action is a response to a discriminatory Self-indulgence at the EEOC breeds dis- change our children—all our children. pattern over many years in institutions run respect for what should be a mechanism of In the 1960s the Civil Rights movement by individuals who are confident that they our national self-respect. thrived on the assumption that an America don’t have to change. To the extent that you Finally, when it comes to attacks on af- without racism would be a spiritually trans- don’t remedy individual discrimination early firmative action, it is important to see how formed America. That, after all, is what af- and forcefully, then you are going to have similar they are to the legal justification for firmative action affirms—that America can thousands of judges around this country segregation in the 19th Century. As Kimberle get over its racial nightmare; that few in making broad brush rulings that often seem Crenshaw points out in a brilliant paper, America should be poor or dumb, or violent unfair to Whites. And then you’re going to treasured American values such as auton- because the rest of us have cared too little have other self-interested groups in the omy, freedom, individualism, and federalism for them; that no one in America should name of affirmative action asking for things were deployed in support of discrimination. have a racial limit set on where their talents that are not affirmative action. It’s beyond For example, the Supreme Court ruled that a can take them; and that the process of see- me for example, how giving a group of inves- White person deciding to prohibit a Black ing beyond skin color and eye shape allows tors who have an African American partici- person from riding in a certain train car was us not to ignore race but to elevate the indi- pant a tax subsidy in the purchase of a radio exercising his individual freedom of con- vidual. A new political vision requires people or television station is affirmative action; tract. Decades later, Thurgood Marshall and to engage each other, endure the pain of can- it’s not. But it’s easier to say no if you can other freedom fighters argued before the dor, learn from each other’s history, absorb say yes to facilitating the battle against dis- court that even though the acts of individual each other’s humanity and move on to high- crimination. You cant say no unless you re- discrimination might be protected as private er ground. Such is the task of those who care October 3, 1996 CONGRESSIONAL RECORD — SENATE S12249 about racial healing. It won’t happen over- pursuit of happiness and that no individual I believe that America is at a similar eco- night nor will one person bring it, however is more important than another remains at nomic crossroads today as we move into the illustrative his career, nor will one person the heart of what makes America special. information age and that we again need ap- destroy it, however heinous his crime or poi- And, indeed, national government is con- proaches of breadth and innovation to assure sonous his rhetoric. It can never be just stituted in part to guarantee this individual the American dream for our people. They about numbers. It must ultimately always be right through the exercise of public power. start with a reinvigoration of public power— about the human spirit. What will be built In further reflection on Truman’s career, our power. has its foundation in the individual inter- characteristics other than his ‘‘common The use of public power still has a valid actions of individual Americans of different touch’’ also stand out. He sent comprehen- role to play in ensuring fairness and eco- races who dialogue and then act together to sive civil rights legislation to Congress when nomic security for all Americans. We need to do something so that like a team, a platoon, it was supported by only 6% of the national use our collective power to help individuals a group building a home or cleaning up a public, according to one Gallup Poll. He cope with changing economic times, to en- park, something is transformed because of acted on his own authority to desegregate sure competition among market participants the common effort. Slowly, with acts of the armed forces. Speaking as the first Presi- and to prevent harm to the general welfare. brotherhood transforming physical cir- dent to address the NAACP, he declared that There is simply no other way to check the cumstances even as they bind the ties among all Americans were entitled to, not only civil excesses of private power except through the participants, we can say that racial rights, but decent housing, education, and public power. medical care. Such political courage is all progress has ceased retreating and is once Such a willing use of public power disputes too rare. again on the advance. In other words, only the Republican notion that the private sec- Today, people have become so cynical tor has all the answers and will automati- together can we chart a brighter future. about politics that they think all elected of- cally relieve the fears of working Americans. ficials are controlled—by special interests It is also different from the belief that to HARRY TRUMAN: PUBLIC POWER AND THE NEW who give them campaign money, by pollsters every social problem in America there is an ECONOMY who tell them that thought is not as impor- answer which has as its centerpiece a federal (By Senator Bill Bradley) tant as focus group phrases, by political par- bureaucracy delivering services through re- I understand that I am getting this award ties which often stifle their independent gional and state bureaucracies. For example, because the Truman Award Commission felt judgment, and by their own ambition which there are 58 federal programs for poverty and that I exemplify at least some of the traits rarely permits them to call things like they 154 federal programs for job training. Yet, of President Harry S. Truman. I came up really see them, for fear of angering a con- worker retraining without new jobs being with three that I know both he and I share: stituency group that will be needed for a fu- available leads nowhere. We were both born in Missouri of Scotch ture election. While most politicians do not Idealism without resources is impotent. Irish heritage; neither of us were considered knowingly say something false, they tend to Just ask anyone who thought that charitable natural public speakers; and, occasionally, emphasize the issue that the group to which giving could end poverty. Idealism without we could be considered just a little bit stub- they are speaking agrees with. That is com- accountability wastes money. Just ask any- born. As Bess Truman would point out if she monly referred to as ‘‘good politics,’’ but it one who thought that HUD was sufficient to were here today, some of these traits are is the exact opposite of the Truman way of stabilize the decline of urban America. shared with old Missouri mules, except that ‘‘telling it like it is.’’ I start with the belief that the market is a mule might have given a better keynote But perhaps Truman’s most important the most efficient allocator of resources and speech that I did at the 1992 Democratic Na- characteristic was that he stood up for the frequently the most powerful undefined force tional Convention. working American in a way few politicians in American life. It rewards those with the That I should receive the Truman Award is have. In 1947 and 1948, Truman issued dozens highest skills, best processes and most de- a great honor because I have been long been of vetoes on legislation passed by a reaction- sired products. An ideal market would dean admirer and a student of his political ca- ary Republican congress not unlike the one liver the best quality at the lowest price in reer. Truman’s come from behind Senate re- we have today. In mid-1947, Truman vetoed the shortest time. But the market is impar- election campaign in 1940, which in many two popular Republican tax cut proposals be- tial and can be cruel in its verdicts, with the ways was a precursor to the 1948 presidential cause they would have favored the right and result that many people get hurt. To cushion race, was the subject of my Princeton senior penalized the middle-class through higher in- the impact of the market is not easy to do thesis, entitled ‘‘On That Record I Stand.’’ I flation. and remain fair. Usually those who escape Truman’s most famous veto of the anti- had wanted to read my entire 140-page senior the judgment of the market in our current labor Taft-Hartley Act, was overridden by a thesis today but fortunately for all of you, political system are not broad classes of Congress responding to polls that showed there isn’t the time. similarly situated individuals, but rather most Americans believed the unions—then Some thirty years after I wrote my college companies or individuals with the best-con- representing 24% of the workforce—had be- thesis, I found myself again thinking about nected lobbyist. Such is the inequality of the come too powerful and needed to be re- the 33rd president and remembering a con- administrative state, full of rules and excep- strained. Truman felt that Taft-Hartley versation I had with a couple of ‘‘good ole tions, definitions and effective dates. How to went too far and would, he said, ‘‘take fun- boys’’ from North Carolina. They had told benefit from the market’s dynamism while damental rights away from our working peo- me how they didn’t like Jesse Jackson, protecting against the dislocation that it ple.’’ He did not flinch. He acted as a truly whom they considered a ‘‘rabble-rouser,’’ nor sometimes causes remains our dilemma. progressive president, unafraid to use public I have always believed that the message of Jesse Helms, whom they considered ‘‘a dis- power. America is that if you work hard you can get grace to the state.’’ So, I asked them for At the end of World War II, Harry Truman ahead economically, if you get involved, you their favorite president. ‘‘Harry Truman,’’ needed to find a way to cushion the effects of can change things politically and if you rea- one shot back, ‘‘because he was one of the the armed forces demobilization. War con- son patiently enough you can extend quality people, and when he spoke we could under- tracts would be canceled, price controls to all races and both genders. Today, many stand him. Just because some is President, would be ended, war-time labor agreements Americans doubt these basic American pre- you know, doesn’t make him better than would expire, and millions of service men cepts. In the information economy, four me.’’ and women would come home looking for computer workstations replace 300 people in There it was. To be a leader that good old jobs. Some predicted a return of the Depres- a credit department no matter how hard boys related to, you had to have a fierce sion. they work. In our political dialogue, money egalitarian spirit, the spirit that made Harry His solution was a 21-point program offer- drowns out the voices of the people. In our Truman ‘‘the man of the people.’’ Truman’s ing economic security to every American social interactions, few risk candor to create view was that a person should be judged citizen. Truman’s reconversion plan urged an racial harmony. without regard to material possessions or so- extension of unemployment compensation, For nearly 20 years, the rhetoric of eco- cial position. Each individual has an inher- an increase in the minimum wage, expansion nomic conservatives has demonized govern- ent and independent worth, regardless of of social security, extension of the GI Bill, ment. Without making the distinction be- knowledge or wealth. Nobody has a monop- universal health insurance, and what he tween federal programs and public power, oly on morality or wisdom. No American called ‘‘full-employment’’ legislation that they labeled government programs as waste should be expendable. Each man and woman would guarantee a job to every able-bodied and government rules as limitations on free- in our democracy should have a voice in American willing to work. Parts of the pro- dom. The result has been that millions of charting our collective future. gram were considered radical even in the era Americans concluded that government took I, too, believe in these values and have just after the New Deal. And while many of their money in taxes but worked for someone tried to infuse them in my pubic service. But Truman’s proposals never became law, the other than them. What most people have Harry Truman was not the first person to breadth of his approach showed that he was missed is that, while government can be dis- preach these ideals; they come directly from thinking of the well-being of all classes in tant and ineffective, public power can speak the Declaration of Independence, which to America. And indeed, all classes shared in to people where they live their lives. me is our most important historical docu- the boom: Unemployment all but dis- Public power isn’t labor intensive; it ment. Times have changed since July 4, 1776, appeared. Real living standards were higher doesn’t require massive decentralized pro- but the idea that all people are equally im- when he left office than when he took over grams delivering services to millions of peo- bued with the right to life, liberty and the from F.D.R. ple; it won’t guarantee full employment. But S12250 CONGRESSIONAL RECORD — SENATE October 3, 1996 applied in the right way at the right time in given last year,’’ to which Einstein replied, have a better chance for the realization of the right place, it can balance private power. ‘‘Well, that’s okay, because this year the an- his or her inalienable right to life, liberty Public power works only if individuals are swers are different.’’ In the information age, and the pursuit of happiness. better off when it is exercised; only if it en- the answers are going to be different every One final area where the American people hances an individual’s prospects for life, lib- year and unless you have lifetime education, have latent power concerns the American erty and the pursuit of happiness. Public you’re not going to be able to come up with corporation itself. The American corporation power often means preventing the ethos of them. exists because the people gave it status and the market from dominating other equally But issues of public power—the collective limited liability. Such a grant was thought important ethics—democratic, environ- expression of the people’s power—extend to to be in the public interest. Yet we measure mental, human, spiritual. Public power can areas beyond the need for an economic secu- the performance of a corporation narrowly, never replace the memories, places and sto- rity platform in the midst of economic tur- by the financial balance sheet, even though ries of these other ethics, but it can prevent moil. Take for example America’s public we all know that the corporation affects all the cacophony of modern life from drowning lands—the one third of the land mass of of us in many ways apart from the financial out their voices. Public power must always America that is owned by the federal govern- balance sheet. focus on the long-term; it must always be ac- ment. It belongs to all of us; it is our pat- As we are entering the information age, it countable; it must never be exercised arro- rimony. The miners, ranchers, loggers and is important to find a way to report not only gantly; it must always be a balancing force corporate farmers of irrigated land do not financial data but information on the impact so that life can be whole and market eco- own it. From the beautiful Red Rock wilder- of the corporation on its workers, its com- nomic forces, while giving us low prices and ness of Utah to the majestic peaks of Alas- munity, and on the environment. We need high quality, do not control our beings or de- ka’s Brooks range, there are places that something similar to the form of the finan- stroy our humanity. mankind has not yet altered. They are as cial balance sheet developed by the Finan- Workers caught in the midst of wage stag- they have been for thousands of years. And if cial Accounting Standards Board, but for the nation and economic downsizing need public we want our children to experience them in worker, the community, and the environ- power to balance private power. Millions of their pristine form, we must, as the Iroquois ment. The requirement that corporations ad- Americans are one or two paychecks away did, think of the effect of our actions seven here to standards for the full disclosure of fi- from falling out of middle-class status and generations ahead. The only way to prohibit nancial information has made U.S. capital are never able to put away enough so they the natural resource industries from forcing markets the most vibrant in the world and feel comfortable. During the first six months the timeless expanses of wilderness to fit a has given every investor equal access to the of 1993, the Clinton Administration an- calendar of quarterly earnings is for public same information. Full disclosure of the cor- nounced that 1.3 million jobs had been cre- power to say ‘‘no,’’ acting in behalf of all of porate impact on workers, communities and ated, to which a TWA machinist replied, us and for the generations to come. the environment will create unforseen pres- ‘‘Yeah, my wife and I have four of them.’’ Another example of public power lies in sures and innovations. The result may well The heavy footsteps of relocation, part- our ability to reduce the role of money in be not only a country with more long-term time jobs, temp jobs, middle age without our democratic process and to better inform growth in its economy, but also with more health care and retirement without a pen- the voters so they can shape our collective security and self-fulfillment for its citizens. sion have made their way to the doorsteps of future. Today, candidates, in order to get If information is available to the broadest too many American families. Millions of their story across, collect campaign con- number of people, the market can often Americans no longer look to the single work- tributions from special interests and the produce the result we want without the heavy-handed intervention of government. place of the family’s main breadwinner as wealthy and then give the money to local TV By the year 2000 there will be one billion the site where their standard of living will stations to run campaign TV ads that often users of the Internet, up from today’s 50 mil- improve. Wages have been stagnant for too malign the character, distort the record or lion users. There will be more global traffic long. Too many good jobs have disappeared. overwhelm the prospects of a hapless oppo- on the Internet in the year 2000 than is now Too many expectations have been shattered. nent with less money. Yet if one were only to Who can an individual turn to for help think about it, the solution to this national on telephone lines. With corporate informa- when caught in this economic trauma? The embarrassment is commonsensical. TV tion beyond the financial balance sheet flow- Church doesn’t have resources or temporal largely comes over the airwaves. The pub- ing to users indiscriminately, many more people will be empowered. Hierarchy will power; the unions now represent only 11% of lic—all of us—own the airwaves. They don’t give way as power shifts down to pension the workforce. The same man who things his belong to local network affiliates. We have fund managers who think about the daily deteriorating economic circumstance is the power to require time to be available to lives of workers as well as the highest return caused by government finds that only gov- political candidates for president and the on investment, to churches who want to ernment has the power to counter corporate Senate. If democracy suffers from inad- measure a company’s profession of values power. When the AT&T worker loses his job equately informed citizens and citizens are against their real-world performance, to (as 7,000 have in New Jersey during the past disdainful of politics in part because of cam- small investors who want to follow ‘‘green’’ three months), his rugged individualism is paign money then public power should re- investments or champion community reno match for the company’s power. When a quire local TV stations to give a specific sponsibility at the same time they want to downsized IBM engineer who formerly earned amount of free time to Senate candidates to maximize profit. With newly available infor- $60,000 takes a job for $45,000, a $300 tax cut make their case. The public airwaves are not mation, groups such as these can create a is a poor substitute. To work hard, play by private property. culture of accountability that will lead to a Even on the issue of race, there is a role the rules and take your reward without wor- more stable and humane American society. rying about your fellow workers sounds fine for public power. Some institutions resist Power will also flow down to the knowl- until the rules change and the pink slip ar- change. Some companies deny white skin edge worker. Wealth will come less from nat- rives. Only then does the solitary individual privilege. Even some governmental institu- ural resources or even capital, because cap- sense his powerlessness. tions have needed additional pressure to ital will follow knowledge. Microsoft—who- Only public power can reduce the trauma level the playing field. Yet there is no timely ever heard of it ten years ago? Now it’s one for people being thrown out of work without enforcement mechanism for the civil rights of the biggest companies in the world. pensions, health care, or a chance of getting laws that declare discrimination in job pro- In such an economy, the knowledge work- another job at equal pay. People need an eco- motions illegal. Because individuals are ers—those who write the software programs, nomic security platform that will allow being hurt by discrimination only public design the hardware, anticipate the new them to ride the rapids of this economic power can counter it. That is why the Equal linkages of information networks—have transformation. That platform should con- Employment Opportunity Commission enormous opportunity to effect change. If sist of the following: a year of company-paid should be given cease and desist authority to the brightest talent recoils from working for health care for the family of the downsized being discrimination cases to a close. a corporation that pollutes, ignores it com- worker who has been employed by a com- In all these areas—the guarantee of an eco- munity or mistreats its laid-off employees, pany of at least one hundred workers for at nomic security platform for individuals then the corporation will suffer because it least ten years. If you have a pension, it caught in the turmoil of economic trans- won’t attract the knowledge talent that it ought to be portable. Why should a person formation; the protection of pristine public needs to raise the capital for its growth. As who worked 22 years in one place still be un- lands for generations of individuals to enjoy a group, knowledge workers potentially posable to have a pension simply because the as our forefathers did; the requirement to de- sess more power than industrial robber bar- place was owned by three separate compa- vote some of the public airwaves to the dia- ons, natural resource magnates or inter- nies in those 22 years, and he vested in none logue of democracy; the ability of public en- national financiers of previous eras. of them. tities to determine if discrimination exists In a way, this offers the potential for a cre- In addition to health care and pensions, and to rectify it—you do not need govern- ative use of market power. If public policy people increasingly need educational oppor- ment programs and vast service-delivery bu- objectives—clean environment, a diverse tunity throughout their working lives. Pro- reaucracies. You simply need what Harry workforce, more sensitivity to the human fessor Albert Einstein once monitored a Truman never shied away from—a willing- needs of longtime employees—can be carried graduate physics exam and a student ran up ness to use public power for those with rel- out by the market, results will be longer to him and said, ‘‘Professor, these questions atively less power and to do so in the name lasting. People can then do well economi- are the same as those on the test that was of the people, so that each individual will cally and do good socially at the same time. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12251 In my own Senate career, tax reform, which Civil Rights Act of 1964, and to the hope that Let’s start with who is committing the eliminated loopholes for the few while lower- the search for racial equality could lead to burnings. The Washington Post has said that ing rates for all Americans, allowed equal in- the emergence of a spiritually transformed the perpetrators are disproportionately comes to pay about equal tax at the same America. young white males who, although some come time the market functioned better. Reducing In the summer of 1964 I was a student in- from the right side of the tracks, are more the subsidy for irrigated agriculture in Cali- tern in Washington. I remember being in the often economically marginalized and poorly fornia benefitted urban and environmental Senate chamber the night the Civil Rights educated. These are the children of the eco- users by making them, given the functioning bill passed, the one that de-segregated res- nomic transformation and the products of a of a more open water market, more likely to taurants, hotels, and other accommodations. television culture surfeited with instant obtain water for California’s long-range non- I watched the vote and thought, Something gratification and quick thrill violence. They agricultural needs. In both cases, it was a happened in the chamber tonight that makes are the sons of families who have forgotten matter not of subsidizing a desired objective America a better place. To be honest, that the power of love. but of removing the subsidy for the activity was the night that the idea of being a U.S. For twenty years, wages have been stag- that had come to have a distorting impact Senator first occurred to me. I thought, nant for 70 percent of the workers in Amer- on the whole community. Central to achiev- Maybe someday I can be in the U.S. Senate ica. In 1973, production, non-supervisory ing a better world through the market is re- too and make America a better place. wages were $315 per week; by 1994 they fell to moving subsidies from everything except As I recently recalled that summer of 1964, $256, which confirms what most Americans those ways of thinking which are themselves I was reminded that slavery was our original know: They’re working harder for less, living not susceptible to economic calculation. sin. Race remains our unresolved dilemma, two paychecks away from falling out of the How much is wilderness worth? How do we and today, the bombers are back. From an middle class. No matter how many jobs they determine the economic value of a health de- urban church in Knoxville, Tennessee, to work, they can never put away enough to mocracy or racial harmony? How long will countless rural churches in South Carolina, guarantee their children a college education. Virginia, Tennessee, Texas, North Carolina, the hard pressed middle class believe in the With less in wages, both parents have to and Alabama, the flames of arson and the American dream? These are the areas where work. Forty percent of the kids live in hatreds of racism burn again. public power, not the market, play the deci- homes in which both parents work. Add to On the narrow subject of burning churches, sive role. that the 25% of the kids who live with a sin- there has been rare bipartisan outrage. Con- Again, I thank you for this award. Harry gle parent and that means that for 65% of servative Republican Senator Lauch Truman was a leader of candor and courage the kids there are often resource and time Faircloth of North Carolina said last week with a common touch and a determination deficits between parent and child. on the Senate floor that, ‘‘if we in Congress Now comes economic downsizing where to serve all the people. The challenge to our cannot agree that church burning is a des- hundreds of thousands, no matter how hard future is to recognize, as Truman did, that picable crime, what can we agree on? It’s not they work, have lost their jobs. The eco- well-exercised public power can benefit indi- a matter of liberals, conservatives, blacks, nomic transformation has made them redun- viduals and, as I sense, that in the new econ- whites; it is about justice, faith, right, dant. Three hundred people in a credit de- omy, information can be a tool that allows wrong.’’ And he and Senator Ted Kennedy in- partment are replaced by four computer the market to serve ethics other than just troduced a bill to toughen the laws against workstations; two hundred people in Ac- the economic. This combination of the use of church arson. counts Receivable are bumped by two com- public power and the understanding that a Well-meaning whites have also stepped for- puter workstations. The heavy footsteps of market can do good socially at the same ward to help rebuild churches. The National downsizing, relocation, part-time jobs, temp time it does well economically can build a Council of Churches and the Anti-Defama- jobs, middle age without health care and re- more stable, more prosperous, more humane, tion League have established national retirement without a pension may be near or more democratic America. building funds. Eight foundations have an- still distant, but they are heard in every nounced grants totaling $2.5 million to the home. And for the children of families that THE SUBJECT OF RACE National Council of Churches burned church- have lived through stagnant wages and (by Senator Bill Bradley) es fund. Habitat for Humanity is coordinat- downsizing, their future seems even more un- Tonight, I want to talk about an issue of ing the labor of volunteers who want to re- certain. A decade ago they were called latch- American political life about which there is build. Teams of Mennonites and Quakers are key kids, and now too many of them call endless talk dealing with surfaces, and very rebuilding churches in Alabama. Raytheon, themselves skinheads. The idea that working little movement deep down in the body poli- E-Systems and AT&T have pledged $50,000 hard can lead to a secure future, a chance to tic. Unless faced, it will prevent us from re- each to rebuild burned churches in Green- provide for a better life for their children alizing our potential as a pluralistic democ- ville, Texas. Friendship Baptist Church and and an adequate retirement, is slipping racy with a growing economy and instead it Canaan AME in Columbia, Tennessee were away. In its place comes the quick fix of will foster a poisonous resentment, even a repaired so quickly, with the aid of local drugs and the quick thrill of violence. Add to hatred that kills much of life’s joy. The sub- whites, that no services were missed. Hun- this the need for a high quality education in ject is race. dreds of callers to a Dallas radio station order to get good jobs in the future and the Frequently, we Americans have been un- spontaneously offered money to help. The absence of parental savings to pay for that able to see deeper than skin color or eye conservative Christian Coalition, which met education, and for many millions of young shape to the heart and individuality of all with African American church leaders on people, their future seems bleak. our fellow Americans. There were times Wednesday, pledged to raise $1 million to Racism breeds among the poorly educated when we allowed destructive impulses to tri- help rebuild. It is also making money avail- and economically marginalized. They don’t umph over our deeper awareness that we are able for motion detectors, alarms, flood- see the deeper forces at work in the econ- all God’s children. Occasionally, the violence lights, and smoke detectors for rural church- omy. They don’t sense the self-interest in of the few elicited the fears and seething es that are most vulnerable to arson attacks. greater tolerance. They can’t see the joy in anger of the many and prevented the possi- The National Trust for Historic Preservation brotherhood and can’t escape the prison of bility of racial harmony. It’s an old story, has announced a campaign to provide finan- ingrained racial attitudes. Instead, they and a sad one, too. Let me tell you a story. cial and technical support to more than two focus on a scapegoat as the cause of the pre- In 1963, four young African American girls dozen African American churches hit by dicament. ‘‘It’s aways the other guy’s fault,’’ in white dresses were talking prior to Sun- arson attacks. Nations Bank posted a $500,000 becomes their theme song, and the scapegoat day services in the ladies lounge of the 16th reward for information leading to the arrest often becomes the ‘‘the other’’—someone Street Baptist Church in Birmingham, Ala- and conviction of people responsible for the who looks different from them. In a world bama. Suddenly, the church was ripped apart attacks. The Southern Baptists pledged where politics doesn’t adequately address the by a bomb which killed the young girls in- $300,000 at their annual convention last week economic realities, fears can accelerate and stantly. There had been other bombings in to assist in the rebuilding effort. On Wednes- demagogues can arise to manipulate those Birmingham aimed at halting blacks’ day, the Laborers’ International Union of fears for their own ends. progress toward racial equality but they had North America announced that it will re- Take affirmative action. Whether you’re not penetrated the national consciousness. build Sweet Home Baptist Church in Baker, for it or against it, keep the numbers in After that Sunday’s explosion, people of all Louisiana. mind. More white Americans lost their jobs races and all political persuasions through- But beyond deploring, rebuilding, toughen- in the 1982 recession because of terrible na- out the country were sickened in spirit. ing laws and rewarding informants, what can tional economic mismanagement than lost Coming eighteen days after Dr. Martin Lu- you do? Well, you can look deeper into the their jobs to all the court-ordered affirma- ther King, Jr. had shared his dream for soul of America. You can be aware of the tive action since its inception. The young America from the steps of the Lincoln Me- context in which these acts are taking place. white who feels that every time he doesn’t morial, the bombing was a stark reminder of You can be alert to emerging connections get a job it’s been taken by a black simply how violently some Americans resisted ra- among white supremacist groups dedicated doesn’t know the numbers. And politicians cial healing. Yet the sense of multiracial to racial violence. You can ponder whether or talk show hosts who perpetrate and pro- outrage and solidarity that came out of this you see your own reflection in the pool of in- mote that overreaction are similar to the tragedy, combined with the seminal leader- difference that has surrounded racial healing person who throws a match on a pile of oily ship of President Lyndon Johnson, led to the for much of the last 15 years in America. rags. S12252 CONGRESSIONAL RECORD — SENATE October 3, 1996 Likewise, take poverty. There are thirty- What answer does a church member give to lem that no one else can solve for you. Like six million people in poverty in America: his 9 year old African American daughter any other illness, you have to get over it Ten million are black; twenty-six million are when she asks, ‘‘Daddy, why did this hap- yourself with your own resources as a good white. But many young whites oppose gov- pen?’’ What can one say to a daughter who human being fighting it off. Racism is some- ernment helping the poor because it means has written her school paper on Colin Pow- thing that a person learns; it is not some- government helping blacks, not realizing ell, taken pride in American having a Dr. thing that people are born with. That’s why that, given their education levels and job Martin Luther King, Jr. holiday, grown up I punished you the first time you came home prospects, their opposition is often self-de- eating Jell-O because of Bill Cosby and from school disparaging someone because of structive. watched Michael Jordan become a worldwide their race. Where racism exists, both black In a world where people don’t see the un- marketing phenomenon. In a world where so people and white people are harmed. Where derlying forces—the economic trans- much progress had been made, how could one it exists, white people cannot develop their formation, the TV culture, the marginal explain the phenomenon of burning church- full potential as individuals. To harbor rac- numbers affected by affirmative action, the es? ism in your heart is to deny yourself the ex- racial structure of poverty—too many people And what about the white parent? What perience of learning from someone a little take aim at blacks or immigrants as the does he say to his 9 year-old son? How can he different from you. And it makes you unable cause of their economic distress. But the explain the phenomenon of the skinheads, to share the joy of our common humanity. seven thousand downsized workers at AT&T bold Ku Klux Klanners or the new Nazi SS ‘‘A the church burnings reveal, just as they who’ve lost their jobs in the last six months clubs in high schools? How can he explain revealed in the story I once told you about in New Jersey did not lose their jobs because why blacks and whites can’t get along in life the four young girls in Birmingham in 1963, of immigrants or because of blacks, but be- like they appear to get along on the Chicago racism is ugly and evil, and God does not cause the company, acting rationally in a Bulls. What does he say about the burnings? like evil. Sometimes, racism comes from time of rapid change, could maximize profits I imagine the black parent saying some- black people who call us devils and deny our by letting them go. When people feel des- thing like this to his daughter: ‘‘There is evil individuality as much as some white people perate, they reach for the extremes that in in the world, and there are some people who, deny theirs. Whether it comes from white or good times they would steer away from. And because of the color of your skin, do not view black it is wrong, and violen is never accept- when they live in the extremes, violence can you as an equal member of society. These able. Remember what Dr. Martin Luther be an action of first resort. people have a problem, and the problem is King, Jr. said, ‘Returning violence for vio- What can we do about the context of called racism. There were black and white lence multiplies violence, adding deeper church burnings beyond having more eco- people who, decades ago, died so that black darkness to a night already devoid of stars. nomic growth more fairly shared and an edu- people could enjoy equal opportunities with Darkness cannot drive out darkness, only cation system that teaches tolerance as well white people in America. America is a much light can do that. Hate cannot drive out as trigonometry? better place with respect to the way that hate; only love can do that.’ Let’s start with what politicians can do. black people and white people interact than ‘‘I am going to volunteer to go and help re- Too often, white politicians have played the it was black when brave Americans suffered build the church that was burned. I want you ‘‘race card’’ to get votes but, to be honest, to bring about equality. to come with me. I want you to bring Char- too often, black politicians have played the ‘‘Racism is an evil and a sickness. You lie, one of your black friends from school. I ‘‘racist’’ card for the same reason. What has have the physical and intellectual capacities want you to work side by side with Charlie, suffered is honest dialogue and common ac- to achieve whatever you want to achieve, to with me, and with other blacks and whites tion. We need more candor and more voice be the best you can be. Look at Colin Powell, who want to build a country that is compas- from elected leaders who will choose to chal- Toni Morrison, Cornel West. The people who sionate and that treats all of its people with lenge their constituents morally as well as burned this church are afraid of you; they dignity and respect. I want you to treat ev- challenge their contributors financially. But are afraid to learn about you and interact eryone with respect, and I want you to work without engagement you can’t have candor, with you. You must not be afraid of them. in your lifetime to bridge the racial divide. and without candor you can’t have progress. You must pray for them and ask God to for- ‘‘A Russian writer named Leo Tolstoy once When was the last time you talked about give them. You must use your talents to said, ‘‘many people want to change the race with someone of a different race? Al- achieve greatness in life, and you must work world; only a few people want to change though I’m leaving the Senate, I’m not leav- in your lifetime to help bridge the racial di- themselves,’’ but with race you can’t change ing public life and I intend to continue to vide. the world unless you change yourself.’’ speak out on the need for racial healing. I’ll ‘‘Finally, try to understand what a great And, I might add, that’s as true for politi- look constantly for ways to move the dia- African-American writer James Baldwin cians as for talk show hosts. And when logue about race to a deeper level, as yet once said in 1957 to his young nephew who enough Americans change themselves, we unattained. For example, at the Democratic was afraid of racial violence during the civil will have true racial healing and then the re- political convention, I’ll seek to dem- rights demonstrations of the early ‘60s—He sult will be a spiritually transformed Amer- onstrate what is possible, and I’ll call on said, ‘it was intended that you should perish ica. good people in both parties to step forward in the ghetto, perish by never being allowed Mr. LEVIN addressed the Chair. in this time of confusion and rising tensions. to go behind the white man’s definitions, by The PRESIDING OFFICER. The Sen- Politicians have the obligation to play to never being allowed to spell your proper ator from Michigan. our higher aspirations as LBJ did back in name. You have and many of us have de- Mr. LEVIN. Mr. President, I ask 1964. feated this intention; and, by a terrible law, unanimous consent that I be allowed to Talk show hosts also have some respon- a terrible paradox, those innocents who be- proceed in morning business for 15 min- sibility. While some of you can be divisive, lieved that your imprisonment made them utes. I see other Senators are on the and maybe even racist, most of you are not. safe are losing their grasp on reality. But floor here, and if that is inconvenient My appeal is only to remember the paradox these men are your brothers—your lost, to them, I will ask for a shorter period of free speech: it can be the nutrient that al- younger brothers. And if the word ‘‘integra- lows the tree of democracy to grow strong, tion’’ means anything, this is what it means: of time. Let me just place the unani- but if misused, it can burn the roots and de- that we, with love, shall force our brothers mous-consent request, and they can form the tree in ways no one ever expected. to see themselves as they are, to cease flee- feel free to state a problem, if they Civility is the key and avoidance of the easy ing from reality and begin to change it. For have it. I ask unanimous consent that appeal to stereotypes should be what you this is your home, my friend, do not be driv- I be permitted to proceed in morning strive for. Remember there was once a time en from it; great men have done great things business for 15 minutes. in America when an audience laughed simply here, and will again, and we can make Amer- The PRESIDING OFFICER. Is there at the appearance of a white actor in black ica what America must become.’’’ objection? Without objection, it is so And what should a white parent tell his 9- face. Now we recognize that we are a better ordered. The Senator from Michigan is people than that. The potential of confusion year-old son about these church burnings? I is too great for those with the microphones imagine he would say something like this: recognized for 15 minutes. not to promote a deeper dialogue on race. ‘‘The burning of the African American f church outside our town is a product of rac- The misunderstandings are too deep for you TRIBUTE TO RETIRING SENATORS not to search the heart as well as find the ism and hatred. Racism occurs when people pulse of your audience. I know it’s asking a of one race feel themselves to be superior to Mr. LEVIN. Mr. President, it is time lot, but then so do the ideals of our founders. those of another race for no other reason to say farewell to a number of our col- As a way of thinking about our responsibil- than the color of the skin. I know that leagues and friends. These are not easy ities to each other let me close by asking sounds like a stupid thing to do, but this good byes. I have served with many of you first to imagine that you are a black country has had a sad history of doing it. Af- our departing colleagues since I first parent of a nine year-old girl, and then imag- rican Americans, Native Americans and ine that you are a white parent of a nine Asian Americans, among others, have suf- came to the Senate in 1978. We were year-old son. A church bombing has occurred fered because of it. It is important for you to freshmen together, had to learn the in your church or in your town. What does know that racism is everyone’s problem, ropes as new kids on the block to- one say? both white and black. It’s the kind of prob- gether. That process of learning and October 3, 1996 CONGRESSIONAL RECORD — SENATE S12253 growing together builds friendships and give taxpayers, who were being au- sues because of the genuineness of his bonds that are deep and enduring. dited, hounded by the IRS, notice of beliefs. The Senators who are retiring, Mr. what their rights were as American These 18 years have been marked by President, are each individuals who citizens. true personal kindness to me and deep have given a significant portion of His persistence paid off and that bill mutual friendship. He is famous for their lives to public service. Cynicism of rights is now law, mainly because of dropping a friendly or humorous note has grown about Congress as an insti- DAVID PRYOR. to colleagues to reduce the tension and tution. Many, perhaps most, believe As chairman of the Aging Commit- keep us on track. He has a raucous, that Members of Congress act out of tee, he fought price gouging by the wonderful laugh which frequently fill, selfish motives. These departing Sen- pharmaceutical companies and pushed committee rooms with a reminder of ators are a testament to the error of legislation to make drug companies our own humanity. And he would often that belief. give their most favorable prices to bring us down to earth with an irrever- I do not believe one of these Mem- Medicare and Medicaid recipients. ent, but totally appropriate comment. bers, Mr. President, would prefer a re- DAVID did all of this with grace and JIM EXON seems totally content to ception on the Hill to an evening at charm. He made this institution a bet- return to his beloved Pat, his children home or an opportunity to read to ter place because of his presence. He is and grandchildren, and he has a right their grandchild or shoot hoops with a man of common sense and the com- to be content after three notable terms their teenagers or take a walk in a mon touch. He was able to stay on an in the Senate. park with a friend. Most Members even keel despite the personalities and SENATOR SIMPSON would rather have a homemade pot the pressures. He continually reminded Mr. President, AL SIMPSON also came roast than fancy hors d’oeuvres at a re- us of our purpose and place and gently to the Senate with me in 1978 and im- ception. Why do they do what they do? helped to keep our egos in check. mediately AL and Ann, his wife, be- Why do they work the long hours, take Perhaps the most telling characteris- came two of Barbara’s and my best the redeye flights, miss the family tic of DAVID PRYOR is his genuine com- friends in the Senate. Simply stated, celebrations? Because it is part of mitment to average men and women he has one of the best sense of humor being available to our constituents, it with whom he deals and works. He in the Senate. I often thing he’s such a is part of being a representative of the knows the name of everyone, from the special Senator because he spent 1 people of our States, and it is part of Capitol Police who protect the Capitol year, before entering college, at being a public servant. It is part of and its occupants, to the men and Cranbrook School in Michigan. He being a U.S. Senator. women who serve us lunch on Tuesday. claims, however, it’s all the other Every one of these departing Mem- His connection to average people is not years he spent in the cowboy State of bers has worked long hours, has missed a political statement. It is personal, Wyoming. special family occasions, has flown genuine human behavior. Whatever the reason, AL SIMPSON has when they have been so tired that they He exudes kindness and decency applied the principles that he lives by have had to rely on their schedule to whether he’s asking about a personal with tremendous integrity and consist- tell them where they are and where family member who might have been ency, even when politically unwise or they are supposed to go. Every one of sick or remembers an incident in some- risky. He has taken on some of the them has had to push themselves at one’s life that may have caused pain. strongest interest groups in the Nation times to go to that one additional He does so not from political calcula- and he has done so without fear. He has meeting, to take that one additional tion or from a computer disk which has taken on some of the toughest issues phone call, to read one more report in stored information, but because that is with his work on immigration and en- order to get a bill passed or an amend- the way DAVID PRYOR is. titlement programs. ment adopted. They have worked to His wife, Barbara, has been a source He has a deep sense of the limitations make America stronger, our people of inestimable strength. Barbara and fallibility that we necessarily free, keep Government working at a Pryor, my wife Barbara, DAVID and I bring to the legislative process. He better rate and a more efficient rate have become genuine friends over the punctures balloons and skewers egos; and at less cost. They have had dif- years and we look forward being with but he is the first to apologize when he ferent paths to that end, but their them many, many times in the years thinks he has overdone it. goals, like all of our goals, are fun- ahead. You can listen to AL SIMPSON tell a damentally the same. DAVID PRYOR has served the people of story for the 20th time, and like wine, It is with a sense of real kinship and Arkansas and this great Nation with it gets better each time. He too has of great loss that I say farewell, as we extraordinary distinction. He will leave mellowed a bit over the years, but his all do, then to Senators PRYOR, EXON, a large void professionally and person- sharp wit and genuine, love for his col- SIMPSON, SIMON, KASSEBAUM, HEFLIN, ally. May his spirit continue to soar leagues has remained undiminished. PELL, BRADLEY, JOHNSTON, BROWN, and he and his family be in good health For his beloved state of Wyoming, AL FRAHM, and last but not least, Senator as he returns to his beloved Arkansas. SIMPSON has been a dedicated public HATFIELD. SENATOR EXON servant. He is a big and wide open as About a week ago I gave separate re- Mr. President, I have sat next to Sen- Wyoming. He is full of life and full of marks about my ranking member and ator JIM EXON on the Armed Services fun. He is a giant of a man, and a giant my chairman both, Senator BILL COHEN Committee for 18 years. Another mem- of a Senator, and a giant of a friend. of Maine. ber of the class of 1978, JIM has become SENATOR SIMON SENATOR PRYOR one of my truly dear friends. We have Mr. President, another gentle and DAVID PRYOR and I both came to the shared more than adjoining seats. We positive force in this body will be leav- Senate in 1978 and served for most of have been comrades-in-arms even in ing us with retirement of Senator PAUL the time on the Governmental Affairs those instances when we were on dif- SIMON. Paul and Jean, his wife, reflect Committee. During that service on the ferent sides of an issue. He is a the best values of this Nation. Their committee, DAVE PRYOR aggressively straight-from-the-shoulder, tell-it-like- public service over the decades has and perceptively challenged the De- if-is kind of guy who uses plain talk made our country a better place. partment of Defense on some of its but no malice, although he was at Education has been one of PAUL’s questionable weapons systems and pro- times frustrated by endless twists and keen interests, and he has thrown him- curement practices. He dogged the Fed- turns and minutiae of the legislative self into the creation of education op- eral agencies to stop the excessive use process. portunity for all Americans. He was a of consultants at taxpayer expense and As a former governor of Nebraska, lead sponsor of the 1994 education bill he diligently oversaw the workings of JIM demonstrated a knack of stating which established the important the Postal Service and the Federal issues simply and directly. His conserv- school-to-work program for non-college work force. ative approach to the budget was ap- bound high school students. He was the He and I worked in our early years on plied consistently, and he was willing moving force in the Senate for direct a taxpayers’ bill of rights to finally to take difficult stands on spending is- student loans. He has been a leader in S12254 CONGRESSIONAL RECORD — SENATE October 3, 1996 fighting violence on television and in Alabama—calling the shots as he sees Mr. President, I want to describe a the movies. them and doing what he thinks is few of the key defense and foreign pol- Paul is invariably decent and kind about for his constituents. We need the icy issues on which SAM NUNN was the and a real gentleman. His manner of judicial, detailed approach of HOWELL leader, and for which he will undoubt- debate and his personal relationships HEFLIN in the Senate. My wife, Bar- edly be remembered. He was the god- have lifted the tone of the Senate and bara, and I have enjoyed our friendship father of the Department of Defense helped to preserve its decoum, often in with HOWELL and his wife, Mike. We Reorganization Act of 1986, more often the face of great odds. When PAUL wish him well in his retirement. It is known as ‘‘Goldwater-Nichols’’. This SIMON comes to the floor to speak on a well-deserved, for a very, very, special seminal piece of legislation helped the subject, people listen because of the Member of this body. Pentagon to organize our military simple, direct, and honest way he SENATOR BRADLEY forces in a very effective manner that makes his case. Mr. President, about 15 years ago, I emphasizes the central role of the thea- He is slow to anger and quick to un- was riding in BILL BRADLEY’s car com- ter commanders—the commanders who derstand, and he is as considerate as ing back from a speaking engagement actually command our forces in war— they come. The people of Illinois and in Baltimore. Surprisingly, the car was as well as the critical need for our this Nation have been well-served by a small, compact car. I say surpris- military services to work together PAUL’s presence in this body. May he ingly, because the car was BRADLEY’s jointly as a single team to accomplish never run out of bow ties. and he is not a small person. But their missions. SENATOR KASSEBAUM cramped in this small car, we were Mr. President, it is with real regret chatting about various issues we were Our military has often been com- that I say goodbye to our dear col- working on and Bill mentioned the tax mended for their extraordinary per- league from Kansas, NANCY KASSE- system. I was struck by the size of the formance in the Persian Gulf war, and BAUM. Another member of the class of problem he was willing to tackle, the rightly so. But we should also recog- 1978, Nancy has made her mark in both thoughtfulness of his comments, and nize that it was the Goldwater-Nichols foreign affairs and on the Labor and the ambition of his plan. That was the legislation that SAM NUNN helped put Education Committee. Nancy doesn’t first I had heard of what later was to in place which assured our military fit into anybody’s mold or label. She is become the 1986 tax reform legislation. was properly organized and prepared one of a kind. That’s part of the legacy that Senator for that war. SAM NUNN has worked She was a leader in the fight for eco- BRADLEY leaves behind—tackling is- tirelessly to assure that the idea of nomic sanctions against South Africa sues head-on regardless of size and ask- joint cooperation that makes our mili- and was prescient in her opposition to ing the big questions. tary so effective is now ingrained as a $700 million in credit guarantees for BILL BRADLEY has addressed some of core value throughout the military. Iraq before the Persian Gulf war. She the most pressing issues of our time— For this, our Nation owes him a debt of has wrestled with innovative ways to racial disparity, urban decay, how to gratitude. make Federal programs more efficient achieve a civil society. If this were Pla- and effective, and whether or not you to’s Republic, BILL BRADLEY would be SAM NUNN took a deep interest in agree or disagree with her on an issue, one of the philosopher kings. United States-Soviet relations and you respect her motives and her com- Another member of the class of 1978, NATO-Warsaw Pact relations during mitment. we will miss his clear and original the last decade of the cold war, and She has been able to bridge dif- thinking, his willingness to take on the helped to ensure that this dangerous ferences of party and ideology to de- big issues, his commitment to building ideological confrontation ended peace- velop bipartisan approaches to solving bridges among the diverse ethnic and fully. He recognized the unique oppor- problems. Her major accomplishment interest groups in this country. I hope tunity to turn this moment of history this year with the passage of the Ken- Bill stays in the political dialogue so into a positive benefit for United nedy-Kassebaum health-care bill epito- we can benefit from his thoughts and States and international security. ideas. mizes her ability to do what it takes to After the end of the cold war, SAM help people better lives. He and his wife, ERNESTINE, will both be missed by my wife and me. NUNN saw clearly that our security was NANCY’s gentle, kind demeanor has enhanced by the political developments f been so important to her achievements in Eastern Europe and the former So- and to the daily life of the Senate fam- SENATOR NUNN viet Union. He helped assure that we ily. Kansas has been lucky to have her Mr. LEVIN. Mr. President, as SAM seized the opportunity to help the as their Representative in the Senate NUNN leaves this institution, he is emerging democracies in Europe, and and the millions of workers now with going to be leaving a very, very large to foster democratization and stability. portable health care were lucky she hole. He is a person of special integ- Perhaps the most concrete evidence of cared so deeply about their lives. rity, intelligence, and independence. his efforts is the Nunn-Lugar program SENATOR HEFLIN When I came to the Senate in 1979, I for cooperative threat reduction. This Mr. President, another member of was assigned to the same three com- landmark legislation took advantage the class of 1978 is Howell Heflin. Look- mittees on which SAM NUNN served, of the opening in United States-Rus- ing ever the part of the ‘‘country and I have been with him on those sian relations and has advanced our se- judge’’, Howell has played an impor- three committees ever since: Armed curity in a major way. tant role in the life of the Senate. His Services, Governmental Affairs, and Sam Nunn helped put into practice careful attention to the facts, his Small Business. what now seems common sense: It is thoughtful analysis, his methodical to In SAM NUNN’s 24 years of public serv- an issue, have been the very elements ice as a Senator, he has compiled an easier, cheaper, and more effective to needed in this body we all should like extraordinary legislative record. He cooperate with the former Soviet to remain the world’s most deliberative has had a major influence on national Union to reduce threats to each other body. He has taken on some of the security issues, he has cast over 10,000 than it is to seek security by mutual more thankless tasks in the Senate, in- votes, and he has established a rock- threat. The Nunn-Lugar program has cluding the arcane issues involving solid standard for bipartisanship that permitted the elimination of hundreds bankruptcy and administrative prac- is the envy of his colleagues. of former Soviet nuclear weapons that tice. We will all miss his expertise and As chairman of the Armed Services used to be pointed at us, and has been diligence. Committee, SAM was a passionate ad- instrumental in helping make three Senator HEFLIN leaves behind a dis- vocate for a bipartisan approach to for- former Soviet Republics nuclear-free. tinguished career as a public servant— eign policy, and as a Senator from That is a real, tangible reduction to serving 6 years as Chief Justice of the Michigan, I can see the spirit of one of the threat from former Soviet nuclear Alabama Supreme Court and 18 years Michigan’s great Senators, Arthur weapons. The Nunn-Lugar program is as a U.S. Senator. He has proudly and Vandenberg, reflected in SAM NUNN’s still in progress and still improving our diligently represented the people of approach. security. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12255

SAM NUNN has also been an the military to step aside and return challenges and problems. He has been a unequalled leader on preserving the se- Aristide to power. dogged investigator. curity benefits of the United States-So- There was no guarantee that Senator SAM and his wife, Colleen, will now viet Anti-Ballistic Missile [ABM] Trea- NUNN would not be caught in the mid- begin a new chapter in their lives and ty, which has permitted the United dle of a fight and, along with former hopefully will get some well-deserved States and former Soviet Union to re- President Carter and former Chairman time to themselves and with their fam- duce our nuclear forces significantly of the Joint Chiefs of Staff Colin Pow- ily. All of us have come to rely on him since the mid-1980’s, including the ell, be exposed to the risk of violence on so many national security issues. START I and START II Treaties. When and chaos. So in the interest of pursu- We will surely miss the opportunity, fully implemented, these two treaties ing stability and a peaceful transition when we come to the floor to vote on will reduce former Soviet nuclear of Government in Haiti, SAM NUNN was an amendment related to foreign pol- weapons by two-thirds from the level willing to put himself at considerable icy or national security to look for at the beginning of the 1990’s. Thou- personal risk. In the end, he helped SAM to find out what his position is on sands of nuclear weapons are being dis- avert the need for a forceable U.S. the issue. His strong legacy will re- mantled and will never threaten the military operation, which undoubtedly quire us in the future to consider the United States again. saved lives of U.S. military personnel. factors he would have weighed, were he So it is crucial that we not under- Although not every Member agreed still with us, before we vote on issues mine the ABM Treaty, because that with him—or each other—on every that are important to the security of was, and still is, the foundation upon issue, he was the undisputed master at our Nation. which these critical nuclear weapon re- bringing us together in agreement on SENATOR PELL ductions are taking place. SAM has had bipartisan Defense bills. Mr. LEVIN. Mr. President, Senator to defend and preserve the ABM Treaty As my colleagues on the committee PELL leaves us this year after 36 years against many opponents, whether they will recount, this was rarely an easy of service in the U.S. Senate. Only Sen- sought to reinterpret its provisions, to feat. We were wrestling with some of ator STROM THURMOND and Senator undermine it or to kill it outright. For- the most controversial, consequential, ROBERT BYRD have served longer. Sen- tunately for our Nation, he has done an and complicated legislation of the last ator PELL has served with distinction extraordinary job. decade. And yet, through it all, year on both the Foreign Relations Commit- SAM NUNN has focused on the future after year, SAM NUNN crafted biparti- tee and the Labor Committee. Thou- threats to our Nation, as well as the san Defense authorization bills that sands of young people are in his debt as cold war threats he helped to reduce so promoted our Nation’s security and our they move through college because of effectively, and has come up with very Armed Forces. the availability of Pell grants. pragmatic and constructive steps to It is often difficult to stand up In this current culture of negativism address those threats. Starting last against the majority of one’s own and attack ads, Senator PELL stands year, he led the Governmental Affairs party, but SAM NUNN did this when he out as a man of civility and gentleness. Permanent Subcommittee on Inves- felt it was necessary to advance the He has a wonderful inability to say tigations on a rigorous examination of cause of American security. He stood anything unkind or negative about a the threat of chemical, biological and in the same shoes that Richard Russell fellow human being. He is determined nuclear terrorism, and our national filled so well. And were Richard Russell to be positive about his own views and preparedness to meet that threat. here today, he would say to SAM NUNN, never to attack another Member. He He chaired a series of more than five ‘‘Well done, American patriot. You has helped to maintain the Senate as a hearings that demonstrated the seri- have faithfully served your country, family institution with bipartisanship, ousness of the threat of terrorists America is stronger and the world is particularly in foreign policy, as an using weapons of mass destruction, and safer because you came along.’’ overriding goal. the fact that we are simply not pre- I also want to thank Senator NUNN I have also been able to personally pared to handle such a crisis. Imagine for his very kind words the other day observe his belief in and support for if the World Trade Center bombing had about our service together on the multinational organizations as a way been a chemical weapon attack. Armed Services Committee and the to move to a more peaceful world and Taking the chilling evidence from Governmental Affairs Committee. In as a way to avoid America’s becoming these hearings, Senator NUNN initiated his remarks he referred to the times in the world’s policeman. new legislation designed to reduce the conference on the DOD bill when he I have had the privilege of traveling risk of such terrorism and to improve would deputize me to resolve a House- with Senator PELL to the farthest our defenses against such potential at- Senate dispute. He was complimenting reaches of the world—including Tibet. tacks. He joined forces with Senator me on usually getting a reasonable And I know him to be a thoughtful, LUGAR again, his partner from the outcome for the Senate position. What spiritual, caring man. His kindness and original Nunn-Lugar program, and Sen- he was too modest to reveal, was that gentle ways will be deeply missed by ator DOMENICI to sponsor legislation it wasn’t my talent that got results. I this body as he and Nuala take a well- that was supported without a single op- would go into those meetings at NUNN’s deserved rest. posing vote in the Senate. That is the request and when the going got rough, SENATOR JOHNSTON kind of bipartisan support that SAM I would force the agreement by threat- Mr. LEVIN. Mr. President, the Sen- NUNN commands. This legislation is a ening to bring in SAM. ate will lose an intelligent, capable, badly needed step toward reducing the I also had the good fortune to work shrewd—and I use that term with re- threat of terrorists using weapons of with Senator NUNN on the Govern- spect and admiration—Member with mass destruction against our Nation. mental Affairs Committee. As chair- the retirement of BENNETT JOHNSTON. I And finally, Mr. President, we should man and ranking Democrat on the Per- have been with BENNETT and opposed remember that when the situation in manent Subcommittee on Investiga- to BENNETT and I can tell you it’s much Haiti was reaching a crisis point, and tions, SAM NUNN has left his stamp on more comfortable to be with BENNETT. the military leaders were reluctant to major investigations. Under NUNN’s Twenty-four years of service in the step down, it was SAM NUNN who per- leadership PSI, as we call it, disclosed Senate have made BENNETT one of the sonally went to Haiti, with Jimmy massive management problems and most experienced legislators in this Carter and Colin Powell, to convince wasteful spending in health insurance body. He is a man of can-do spirit and the Haitian military leaders to turn companies; the serious and unresolved one who approaches every problem over power peacefully to Aristide. And threats to our Nation as a result of in- with a how-to-fix-it attitude. I had the although he succeeded in his mission, secure computer systems in DOD, other opportunity to work with BENNETT this it was at some personal risk because Federal agencies and private compa- Congress on regulatory reform. He sat while he was still negotiating with the nies; the threats of black market trad- on the floor day after day while that Haitian military, our military planes ing of nuclear materials; legislation was pending taking on were already on their way to Haiti to vulnerabilities of our student loan pro- every problem, delving into every launch a military operation to force grams, and a host of law enforcement issue, trying to craft solutions to get S12256 CONGRESSIONAL RECORD — SENATE October 3, 1996 the legislation moving. He was dedi- proaches a time of much-deserved rest This is legislation to provide educated to his task and willing to put in and rejuvenation. cation and job training benefits to wid- whatever time and effort it required. As one of the most powerful Members ows or spouses of Federal law enforce- His ability to work long and hard was of the Senate, chairman of the Appro- ment officers killed or rendered totally exceptional. priations Committee, Senator HAT- and permanently disabled—and their We didn’t succeed on that legislation, FIELD has set a standard of humility children—in the line of duty. but it wasn’t for want of effort. The and decency that few have matched. He I introduced the legislation in the stars weren’t aligned right to reach a has been able to wield great power Senate following my chairing of the final product. But in working with without vanity. Indeed, he has shown Ruby Ridge hearings which resulted in BENNETT JOHNSTON on that legislation us that power can be exercised with the tragic death of Marshal Degan. and several Congress’ ago on similar grace and genuine compassion. I am proud to wear today the U.S. legislation which was called the John- A World War II veteran, one who Marshal’s badge of Bill Degan which ston amendment, I was and continue to fought at Iwo Jima and entered Hiro- was handed out at the signing cere- be impressed with BENNETT’s willing- shima shortly after the bomb, Senator monies this morning. ness to listen to ideas and concerns and HATFIELD has dedicated his life to Ruby Ridge was a great tragedy. work as hard as anyone to address the peace. His legacy is that of a legisla- It involved the loss of three lives, all problem. He’s been a notable addition tive hero—bringing an end to nuclear very valuable, and it cost the life of to the U.S. Senate. weapons testing, protecting the valu- Bill Degan. I have had the opportunity SENATOR BROWN able wilderness areas of his home State to sit and visit with Mrs. Degan, his Mr. LEVIN. Mr. President, HANK of Oregon, fighting for refugees across widow, and their two young sons, Bill, BROWN would be a welcome member in the globe, and opposing needless but Jr., and Brian. Our meetings focused any organization or effort. He is expensive weapons like the MX missile. attention on the issue so that legisla- thoughtful, kind, and honest. He is ear- I’ve had two opportunities to work tion could be passed. nest in his concern for a Government with Senator HATFIELD in the last few On the House side, companion legis- that works, and he takes on the issues years. We have both had the privilege lation was introduced by my distin- in which he believes. to serve on the FDR Memorial Com- guished colleagues, Congressman JON To bridge the differences between the mission, and we have worked together FOX, from suburban Philadelphia, and parties and develop bipartisan ap- on legislation to allow for greater Congressman GERRY STUDDS, from proaches to difficult problems, the Sen- flexibility in the implementation of Massachusetts. It applies to many law ate needs more Members like HANK Federal categorical grant programs. In enforcement officers who have been BROWN. He leaves the Senate after only both cases, Mr. President, I have been tragically killed, one of whom is FBI one term. A strong supporter of term able to observe Senator HATFIELD’s agent Chuck Reid, who was gunned limits, HANK has lived by his creed. He skill in and commitment to achieving down on March 22, 1996, just a few has done so in many other ways and bipartisan solutions to problems. His months ago, in arresting a drug suspect leaves with the respect of every Mem- role on the FDR Commission has been in Philadelphia. It tells Federal law en- ber of this body. so valuable that we were able to amend forcement officers and their families the statute creating the Commission in that the Government stands behind SENATOR SHEILA FRAHM order to allow him to continue to serve them, and if they are killed or totally Mr. LEVIN. Mr. President, we have in the year after he leaves the Senate and permanently disabled in the line of had a very short time to come to know and so he can be present at the dedica- duty, we will protect their spouses and Senator SHEILA FRAHM. Just this past tion next year as cochairman of the their children. As we consider this June, she was appointed by Governor Commission. But for him and DAN matter further, it may be that similar Bill Graves of Kansas to serve the re- INOUYE, our other cochairman, the benefits ought to be structured for law mainder of Senator Dole’s term. Join- FDR Memorial would still be in the enforcement officers generally, for ing the Senate in midterm is a very dif- planning stage. they represent the thin blue line which ficult thing to do. Committees are in Mr. President, Senator HATFIELD has stands between the citizenry and vio- the midst of their work, the Senate is been a fighter for the underrep- lence in our streets, something in considering bills every day which have resented, for the compassionate use of which I have had extensive experience already had hearings and been reported the power of the Federal Government, as district attorney of Philadelphia. by the various committees, and the re- and for greater efficiency and effective- I ask unanimous consent that two quirements of representing a State, its ness. I congratulate him on his most letters be printed in the RECORD from interests, and most importantly, its distinguished record of public service. the Federal Investigators Association citizens in the U.S. Senate is a big job We will deeply miss his good judgment, and Federal Law Enforcement Officers which cannot await on-the-job train- his expertise, his decades of experience, Association commending the Congress ing. Senator FRAHM quickly impressed his wisdom, and his commitment to for this legislation. all of her colleagues with her serious- making Government work for all the There being no objection, the letters ness of purpose, her energy, and her people, but most of all, his gentle man- were ordered to be printed in the grace in meeting this difficult task. ner. RECORD, as follows: I served with Senator FRAHM on the I thank the Chair and my colleagues, Armed Services Committee where she FEDERAL INVESTIGATORS’ ASSOCIATION, and yield the floor. Carle Place, NY, September 30, 1996. was attentive to the complex issues of Mr. SPECTER addressed the Chair. Hon. ARLEN SPECTER, national security. She established her- The PRESIDING OFFICER. The Sen- U.S. Senate, Hart Senate Office Building, self immediately as a hard worker who ator from Pennsylvania. Washington, DC. recognizes the importance of our Na- Mr. SPECTER. Mr. President, I ask DEAR SENATOR SPECTER: As president of tion’s defense and the well-being of our the Federal Investigators’ Association (FIA), unanimous consent to proceed in morn- a professional and fraternal organization Armed Forces. ing business for up to 10 minutes. Although we have just begun to know representing federal law enforcement agents The PRESIDING OFFICER. Without throughout the United States, I wish to SHEILA FRAHM, I know my colleagues objection, it is so ordered. thank you, on behalf of our membership, for join me in saying that we will miss her f sponsoring Senate resolution 2101. Our Wash- friendly smile and her commonsense ington Director, Don Baldwin, happily re- approach to the issues before us. THE FEDERAL LAW ENFORCE- ported to me last week that the bill has SENATOR HATFIELD MENT DEPENDENTS ASSISTANCE passed both houses of congress and is now Mr. LEVIN. Mr. President, finally, it ACT OF 1996 awaiting the President’s signature. We un- is with a mixed heart that I say good- Mr. SPECTER. Mr. President, I want derstand that there is no opposition and that the bill will be signed into law. bye to Senator MARK HATFIELD— to comment briefly about the signing The Act will provide ‘‘educational assist- mixed, because I am sad for the loss to into law this morning of the Federal ance to the dependents of federal law en- the Senate and the people of this Na- Law Enforcement Dependents Assist- forcement officers killed or disabled in the tion but glad for MARK as he ap- ance Act of 1996. performance of their duties.’’ We applaud October 3, 1996 CONGRESSIONAL RECORD — SENATE S12257 your actions in the aid to federal officers, The legislation that has been winding FAREWELL TO SENATOR SAM who can no longer provide financial support its way through this 104th Congress NUNN to their families because of injury or death makes the use of this drug or any drug Mr. COVERDELL. In closing, Madam resultant from tragedies occurring in their as a weapon a Federal crime. With the work. The Act will relieve much of the stress President, I once again bid farewell to which federal law enforcement officers’ fami- help of Senator HATCH, it was expanded one of the outstanding Members of this lies deal with because a brave officer has lost to create penalties for possession or Senate, and that is my colleague from his or her life or become disabled in the line distribution of this type drug. It ulti- Georgia, Senator SAM NUNN. We are of duty. mately came back to us in the House from different parties, different sides of I understand that you acted immediately bill which included minimum sentenc- upon learning of the sad loss of federal offi- the aisle. We have known each other as ing, and the other side of the aisle took Georgia citizens for well over a quarter cers at Ruby Ridge. You have done a great exception to that. But over the last service for our federal law enforcement offi- century. cers and their families, I am sure this will go several days, in working together, it I think he has made an exemplary a long way toward boosting the morale of all appears that we are about to come to contribution to his State and to his agents. terms on it, and, in fact, this piece of Nation. I believe he will be missed, and I am sure that I speak for the thousands of legislation will become law. It is very the authority that he brings to issues federal law enforcement officers and their important. dependents in thanking you for the sponsor- with regard to national defense and the ship of this important legislation. This is a weapon that cannot be seen, security of our Nation will long be re- Sincerely yours, obviously cannot be heard. You cannot membered in this Senate. I bid him J. MICHAEL DALY, taste it. You cannot smell it. So the adieu and safe journeys wherever his National President. unsuspecting victim is subjected to a life takes him. I know we will be able period for which they lose conscious- to reach out and call on him on issues FEDERAL LAW ENFORCEMENT ness and memory, which makes it even of national importance in the days to OFFICERS ASSOCIATION, more difficult for prosecutors to pursue come. Even though he will be acces- September 18, 1996. the case. Hon. ARLEN SPECTER, sible in that way, I know this Senate is U.S. Senate, I think by moving in swiftly, we are going to greatly miss the wisdom and Washington, DC. putting people on notice, we are warn- wise ways of my colleague from Geor- DEAR SENATOR SPECTER: On behalf of the ing potential victims, and we are set- gia, Senator SAM NUNN. over 12,000 members of the Federal Law En- ting the stage for prosecutors to take Madam President, I yield back what- forcement Officers Association (FLEOA), the charge of anybody who would use this ever of the 10 minutes I may have. largest association representing Federal I note the absence of a quorum. criminal investigators in the nation, I am new drug in such an evil way. The PRESIDING OFFICER. The pleased to inform you that we fully support I am standing here today encourag- clerk will call the roll. S. 1243, the ‘‘Federal Law Enforcement De- ing all of those who are dealing with The bill clerk proceeded to call the pendents Assistance Act of 1966.’’ I Also want the remainder of these negotiations to roll. to thank you for proposing this fine piece of get on with it and certify that, indeed, legislation. Mr. COVERDELL. Madam President, this becomes the law of the land. As you may already know, many states I ask unanimous consent that the order and local municipalities currently have leg- for the quorum call be rescinded. islation which ensures that the dependents f of local officers killed or disabled in the line The PRESIDING OFFICER. Without of duty receive assistance towards education objection, it is so ordered. or job training. Also, many local police agen- OMNIBUS PARKS LEGISLATION Mr. DORGAN addressed the Chair. cies provide for the continuing education of Mr. COVERDELL. Madam President, The PRESIDING OFFICER. The Sen- survivors under the same circumstances. the Senate has in its possession the ator from North Dakota. None of this exists at the Federal level. S. Mr. DORGAN. Madam President, is 1234 will correct this oversight regarding House-passed omnibus parks bill, and everybody within the sound of my the Senate now in morning business? Federal law enforcement officers. The PRESIDING OFFICER. Yes, it is. If you or your staff wish to contact me voice in this Chamber has heard about please call 212–637–6543. the parks bill. I am very hopeful we Mr. DORGAN. Madam President, I Very truly yours, can bring this legislation to a success- ask unanimous consent to proceed in VICTOR OBOYSKI, ful conclusion. morning business for as much time as I National President. may consume. Mr. SPECTER. I thank my colleague There are two very important fea- The PRESIDING OFFICER. Without from Georgia for waiting. tures that affect our State. One is objection, it is so ordered. I thank the Chair and yield the floor. making a heritage trail out of a 150- Mr. DORGAN. Madam President, as Mr. COVERDELL addressed the year-old canal built in Augusta to pro- we end this legislative session, I come Chair. vide power to the textile industry of to the floor to say a word about those The PRESIDING OFFICER (Ms. that era. It is still providing power, who are leaving this Congress and also SNOWE). The Senator from Georgia is and it is a beautiful stretch of un- to talk about a couple of pieces of un- recognized. spoiled land that is a national heritage finished business. Mr. COVERDELL. Madam President, and a national treasure, and legislating I ask unanimous consent that I be al- its protection and development in such f lowed to speak for up to 10 minutes. a way to enhance it is exceedingly im- SALUTE TO DEPARTING The PRESIDING OFFICER. Without portant to that region of our State and SENATORS objection, it is so ordered. that city of our State. f Mr. DORGAN. Madam President, Further, it deals with Chickamauga other colleagues have come to the floor DATE RAPE DRUGS and Chattanooga National Military to discuss the departure of those with Mr. COVERDELL. Madam President, Park Highway, which has been in con- whom we have served who are leaving there are a number of items that are tention for a long time and is some- this Congress. In the Senate, we will still pending before the 104th Congress, thing which must be resolved in order see Senator BILL BRADLEY leaving the one of which is legislation that could to deal with issues in the northeastern Senate, Senator HANK BROWN, Senator combat the surge of what is character- or northwestern part of our State. BILL COHEN, Senator JAMES EXON, Sen- ized as date rape drugs in the United So I guess I am just saying, here is ator MARK HATFIELD, Senator HOWELL States. another Senator who has not left HEFLIN, Senator BENNETT JOHNSTON, I have been working on this matter Washington and will stay here until we Senator NANCY KASSEBAUM, Senator for the better part of a year. This put the omnibus parks bill to bed, SAM NUNN, Senator CLAIBORNE PELL, scourge is growing in its use, particu- hopefully successfully, because, as we Senator DAVID PRYOR, Senator PAUL larly in the Southwest and East—Lou- have all said, it affects so many of our SIMON, and Senator ALAN SIMPSON. isiana, Texas, Florida. It is an evil States in the Union. It is something we When you read that list, it is quite a threat to the young people of America. really need to get done. substantial list of experience that the S12258 CONGRESSIONAL RECORD — SENATE October 3, 1996 Senate will lose. Rather than say a lot Calhoun or Clay or Webster, the experi- Well, what happens too often is the about each of them, I just want to ence they gave us over so many years, son and daughter end up owning the make some observations and take a really does not make much sense to business, plus a $300,000 or $400,000 tax look at those folks who are leaving the me. bill from an estate tax burden that Senate this year. What they have con- But, I did not come here to debate they must pay in order to run the busi- tributed to this country is so at odds term limits. I came here to say that ness that their father and mother with what so many Americans think of those who depart this Senate and who started. That does not make much politicians and perhaps even of the U.S. have contributed enormously to this sense to me. Senate these days. country by their service in this Senate, Our incentive ought to be to try to There has been a public sport in the demonstrate, the substantial commit- say to the children, ‘‘You want to con- last decade or so in the negative poli- ment that so many people over two tinue to run the family business? We tics of today that I suppose serves centuries have made to this country by want to help you do that. It’s in our in- some interest. There are those who are serving in the U.S. Senate. terest to help you do that.’’ It is in our trying to diminish or hurt this institu- This service, for me, has been the interest to continue those jobs and to tion by suggesting that somehow the greatest privilege of my life. I come see that businesses continue, as a fam- U.S. Senate, as an institution, is an un- from a town of 300 people and a high ily farmer or family business. worthy place, that Members who serve school class of 9. I never expected to be I have proposed a piece of legislation in it are slothful, indolent folks who sworn in to the U.S. Senate. It is an ex- which would provide for up to $1.5 mil- sleep till noon and perhaps then go to traordinary privilege, and I know that lion of transferred assets to the chil- the club and maybe work an hour in all of those who are leaving believe it dren without an estate tax obligation. the afternoon before they take a nap, to be so. Those children can then inherit a busi- and go home shortly after the nap. I add my voice to so many others ness and be able to run the business, Nothing could be further from the who have, by name and person to per- providing they want to run it. truth. The U.S. Senate is an extraor- son, described those who have been If they do not want to run the family dinary place, and the people who serve here and what they have contributed in business, as far as I am concerned, here are extraordinary people. I have the U.S. Senate. This is a remarkable whatever the current estate tax is, never in my life had the privilege of group of Republicans and Democrats that is the tax imposed. If they want to serving with so many wonderful people, who have contributed greatly to our continue to run that business for the who are smart, dedicated, tough, hon- country, and I salute all of them, and I next 10 years, I want that family farm- est, and hard-working people. They are wish them well in their travels and all er or business to operate without a on both sides of the aisle, Republican of their future endeavors. crushing burden of estate taxes. And and Democrat. f my legislation will accomplish that. When I look at this list of names, I The estate tax was originally con- think of the people here who work day TRANSFER OF SMALL BUSINESS AND FAMILY FARMS ceived during the Civil War to finance and night, in many cases 7 days a the Civil War. It has had fits and starts week, including traveling in their Mr. DORGAN. Madam President, I and various turns since then. We ought States. You see them here early in the want to mention two quick pieces of to make certain the estate tax, as a morning, you see them here late at business. I have introduced a piece of revenue device, does not interrupt the night, always working. That is more legislation at the end of this Congress, continuity of a family business or fam- the rule in the U.S. Senate with most intending to take it up in January ily farm in which the children wish to all Members of the U.S. Senate. again when a new Congress convenes, continue as a viable family business or But when I look at the people who dealing with the estate taxes that we family farm. are leaving at the end of this Congress, now have in our country. My piece of That was the intent of the legislation there are those who have been here a legislation deals specifically with the I have introduced at the end of this ses- good number of years, and have sub- transfer of small businesses and family sion. Of course, without an opportunity stantial experience. They are going to farms from parents to children. for action on it, I will have to, in Janu- be hard to replace. Oh, they will be re- The economy in this country is a ary or February, in the new Congress, placed. There is no question about kind of an interesting economy. We turn to it again and see if we can make that. Yet it is hard to replace the kind have large corporations which are some progress on it. I expect there will of experience that comes with the serv- given life only because we have given be bipartisan support for legislation of ice of SAM NUNN from Georgia or them life by law. We have said, by law, this type, and I hope that we will see NANCY KASSEBAUM from Kansas, and I we will allow there to be created artifi- some success. could go through the list of others as cial people. They can sue and be sued, well. contract and be contracted with, even f I think it is interesting that in this have names, but they are artificial. age of discussion about term limits They don’t live. They don’t give blood. THE TRADE DEFICIT comes the suggestion by some that They don’t have a beating heart. It is Mr. DORGAN. Finally, while I will what is wrong with our country is that an artificial person. A corporation is not characterize this Congress, because there are those who have too much ex- recognized in law as artificial. it would take too long, I do want to say perience. I have said it before, and I The interesting thing about the cor- that one of the pieces of unfinished will say it again because I think it poration is that it doesn’t die. General business in the Congress deals with bears repeating. I wouldn’t have traded Motors might get long in the tooth, trade. I want to just discuss that for a one Bob Dole for all 73 freshmen House but General Motors isn’t going to die. moment. Republicans in terms of experience and It isn’t going to have kidney failure or There are failures in this Congress service. What Senator Dole gave to this have heart disease. General Motors and successes; and we can point to Senate for so many decades is an ex- won’t die. But a small business run by both. The 104th Congress is one of the traordinary commitment to public a husband and wife or a family is dif- strangest Congresses I have ever seen service. Now, I am not supporting him ferent. The husband and wife who start operate. It had more twists and turns for President, and I am quick to point the business and run the business, they than a road in hilly country. that out to my colleagues. But, I have die. It just started out with the kind of a deep admiration for the extended So what happens when a family farm bizarre circumstance of people saying, service given our country by some of or a family business finds itself in a ‘‘Well, we have no experience, and the great legislators in this country’s circumstance where the mother and we’re new here, and we don’t intend to history. the father who started that business compromise. We got here because we To suggest somehow that we should and were running that business pass bragged we have no experience, and we not have had the experience of Barry away. What happens when they want to intend to prove we don’t have any in Goldwater or Hubert Humphrey, we transfer that business to the son or the first 90 days. We don’t intend to should not have had the experience of daughter? compromise on anything. And if you October 3, 1996 CONGRESSIONAL RECORD — SENATE S12259 don’t like it, we’ll shut the Govern- cussion about this on this floor except that China would say, ‘‘All right, you ment down.’’ And it went on and on, for myself and a couple of others. buy the things that we produce that and it was a mess. What discussion does exist on this you need, so now when we need some- The American people, I think, did not floor is generally referred to by others, thing you produce, airplanes, we’ll buy like it much. The first year of this Con- the very people who have put us in this them from you.’’ It is not the way it gress was not a very productive year. trade position, who say, ‘‘Well, that’s works. The second year of this Congress, I simply the complaining by a few cer- China says to us, ‘‘We’d like to buy think, was a productive year, espe- tifiable stooges that don’t have any some of your Boeing airplanes. By the cially the last 6 months. Progress was training at all.’’ way, you must manufacturer them in made on a health care reform bill, on Lester Thurow is right. No country China. Yes. We’ll buy your products if the minimum wage, on immigration re- can run a trade deficit forever. We can you manufacture them in China.’’ I do form, on welfare reform, and on a range see Americans who wear Chinese not understand that. It does not make of issues that I think are important to shirts, Mexican shorts, and Italian any sense to me, particularly with a this country. I think the credit for that shoes, and drive Japanese cars, and country that is running up a giant can be given to a bipartisan spirit of watch television on Taiwanese tele- trade surplus with us or is putting us cooperation in the waning months of vision sets, and then complain about in a position to have an enormous defi- this Congress. their jobs. ‘‘What’s happened to my cit with them. When it intends to buy But the one issue that was not dealt job? I’m paid less. I don’t have job se- something that we produce, it has a re- with, and has never been dealt with by curity.’’ sponsibility to buy it from our coun- this Congress, is an issue dealing with It simply does not add up. To the ex- try, from our workers and from our deficits. And, no, it is not the budget tent we have large trade deficits, be- producers. deficit. It is the trade deficit. cause we import more than we export, The same is true with wheat. I will The budget deficit is down, way it means that the manufacturing base use China again, although I could use down, down more than by one-half. So of our country diminishes. No world others. China has this enormous trade the budget deficit has been coming economic power will long remain a surplus with us, growing in a very sig- down and moving in the right direc- world economic power unless it has a nificant way. It buys wheat, and we tion. But the trade deficit has not. Yet, sustainable manufacturing base. You should be thankful that it buys wheat. almost no one discusses the trade defi- cannot move all that you produce over- But, it is off price shopping with other cit. seas and still believe you will remain a countries to try to figure out where it As I conclude my remarks today, I strong economic power. can buy discount wheat. China has a want to call the attention of my col- I am not suggesting that our country responsibility to buy wheat from us. leagues to an article written by the ought to have a policy by which we es- When it is running up a $30-billion-plus economist Lester Thurow. I ask unani- tablish walls and prevent goods from trade surplus or putting us in a deficit mous consent to have this article coming in. I am not saying that at all. position, it has a responsibility to us to printed in the RECORD at the conclu- What I am saying is that we must have buy our wheat. sion of my statement. a trade policy that tries to move us to- I could talk at great length about The PRESIDING OFFICER. Without ward some kind of trade balance so we Mexico and Japan and China and Can- objection, it is so ordered. get rid of these crippling trade deficits. ada. These countries have the signifi- (See exhibit 1.) My colleague, Senator BYRD, from cant portion of our trade deficit, and Mr. DORGAN. It is entitled, ‘‘Await- West Virginia, and I introduced a piece we should talk with them about the ing the Crisis.’’ This is by Lester of legislation that we had hoped would need for reciprocal trade policies. But I Thurow, MIT economist. The subtitle be passed by this Congress in the wan- did not come to the floor to do that. I is, ‘‘It’s fundamental: No country can ing days, and it was not. It would have came to the floor to point out that Les- run a trade deficit forever.’’ established an emergency commission ter Thurow, the MIT economist, has And I want to read part of it. to end the trade deficit. Under this bill written ‘‘No country can run a trade When something has gone on for a long a commission would be impaneled to deficit forever.’’ time, human beings have a tendency to act give us recommendations on how can Those in this country who have a as if it could go on forever—even when they we tackle this trade deficit, and what nagging feeling somewhere between know that it cannot. Consider the triangular kinds of policies this country can em- their brain and the pit of their belly trading pattern between the United States, Japan, and most of the rest of East Asia. ploy to reduce this trade deficit. understand what it is. Unfortunately, Japan runs a huge trade surplus with the The trade deficit must be repaid with economists in this town do not and United States and now an even larger one a lower standard of living in our coun- most politicians do not. That nagging with the other countries of East Asia, most try. There is not any economist that feeling of uneasiness is to see a country of which pay for their enormous trade defi- will argue otherwise. To have a trade whose manufacturing is increasingly cits with Japan by running even bigger trade deficit that is this large, the largest in moving elsewhere. It is not simply the surpluses with the United States. The United human history, and growing, is very manufacturing of low-skilled cir- States ends up with a current account deficit dangerous for our country. cumstances. No, it is the manufactur- (more than $150 billion in 1995) that is mostly That does not argue, as I said, for attributable to its unfavorable balance of ing with high-skilled labor that is mov- trade with Japan and most of the rest of protectionism. It does not argue for ing elsewhere. The result is we are left East Asia. providing consumers with fewer in this country with jobs that move He does not say it, but he should also choices. It simply argues that you from high skill to low skill, from high- include Mexico and Canada. must have some kind of balance in er pay to lower pay, and from more se- your trade policies. It suggests to other Yet if there is one thing that we know curity to less security. That hurts this about international trade, it is that no coun- countries that there are reciprocal re- country. try, not even one as big as the United States, sponsibilities. My message to the Congress and the can run a trade deficit forever. Money must Let me give you an example. President is that we cannot continue be borrowed to pay for the deficit, but money China sends us an enormous amount to ignore this problem. This article I must also be borrowed to pay interest on of products to be sold in our market- asked to have printed in the RECORD is previous borrowing. place. And that is fine with me. But entitled ‘‘Awaiting the Crisis.’’ And he goes on. The merchandise then what happens when China needs I remember in the last Congress we trade deficit in this country last year airplanes. And it does, because it does had a significant debate about NAFTA, was $170 billion. And it is growing. not manufacture airplanes except for the North American Free Trade Agree- There was a great deal of activity on small airplanes, some 50-seat airplanes. ment. We were promised by economists this floor during this Congress talking It does not manufacture the large and others that if we would pass about the budget deficit. The Federal planes. When China needs airplanes, be- NAFTA with Mexico and Canada, we budget deficit is diminishing, going cause it has a $30-billion-plus surplus would see several hundred thousand down, way down. The trade deficit is with us, or we have a deficit with them new jobs in our country. It turns out going up. There has been almost no dis- of over $30 billion, you would think we passed NAFTA. I did not support it. S12260 CONGRESSIONAL RECORD — SENATE October 3, 1996 I actively opposed it. We not only did as if it could go on forever—even when they serves—without their American sales these not get 300,000 new jobs; we lost more know that it cannot. Consider the triangular countries will become uncreditworthy. Their than 300,000 jobs. One recent study trading pattern between the United States, Japanese purchases will have to end almost places the job loss closer to 500,000 jobs. Japan, and most of the rest of East Asia. instantly. Having lost their United States It turns out the substantial new im- Japan runs a huge trade surplus with the and Asian export surpluses, Japan’s big ex- United States and now an even larger one port industries will have to undergo a big ports from Mexico are not imports re- with the other countries of East Asia, most contraction. sulting from low-wage, low-skill jobs. of which pay for their enormous trade defi- Paradoxically, the problems will be the Instead, the imports are largely the re- cits with Japan by running even bigger trade least severe in the United States. The stand- sult of high-skilled jobs that are still surpluses with the United States. The United ard of living there will certainly decline as paying low wages in Mexico. They are States ends up with a current account deficit imports fall back into balance with exports, the result of jobs in electronics, auto- (more than $150 billion in 1995) that is mostly but United States companies, such as auto mobiles, and automobile parts. Those attributable to its unfavorable balance of manufacturers, will quickly add third shifts are jobs that used to be ours that are trade with Japan and most of the rest of and expand production to grab the sales and East Asia. market share that companies in Japan and now south of the border. Yet if there is one thing that we know I, personally, do not see that it ad- the rest of East Asia will be forced to give about international trade, it is that no coun- up. The problems of the United States will be vances this country’s interest to put try, not even one as big as the United States, minor compared with those of Japan and the together trade strategies that result in can run a trade deficit forever. Money must rest of East Asia. jobs moving overseas. I might say with be borrowed to pay for the deficit, but money Given this reality, governments should act respect to that, just parenthetically, must also be borrowed to pay interest on now to rebalance trading patterns in order to we not only have a trade policy that previous borrowing. Even if the annual trade avoid the crisis that will emerge if current encourages that, we also have a tax deficit does not grow, interest payments do trends are simply allowed to play themselves policy that says, ‘‘By the way, shut until they are so large that they can no out. Everyone knows that a gradual read- longer be financed. Americans can also sell your American plant, fire your Amer- justment that is deliberately engineered now their assets (land, companies, buildings) to will be a lot less painful than a sudden, mar- ican workers, and move your jobs over- foreigners to finance deficits, but that ap- ket-forced adjustment at some point in the seas and we will give you a big fat tax proach is also limited since eventually there future. break.’’ will be nothing of value left to sell. But it is just as clear that these govern- Twice I tried to get that changed on At some point the world’s capital markets ments will fail to act in time. They will in- the floor of the Senate and twice I lost. will quit lending to Americans (the risk of stead wait for the crisis to arrive. But I will be back, because we will vote default and of being paid back in a currency Mr. DORGAN. I yield the floor and I again on that in the next session of of much lower value are simply too great), suggest the absence of a quorum. Congress. It might be in the interest of just as they have quit lending to everyone The PRESIDING OFFICER. The else. The question is not whether the end the largest international corporations will come. It will. The question is when and clerk will call the roll. to collect a tax break from moving jobs how fast. Will it come as one big shock or as The assistant legislative clerk pro- from Fargo or Bangor or Pittsburgh or a series of smaller shocks that do less dam- ceeded to call the roll. Denver to Sri Lanka, Bangladesh, age? Mr. GORTON. Madam President, I China, or Korea, but it is not in our in- But no one knows, or can know, when or ask unanimous consent that the order terests. It might be in their interests, how fast. Economics is quite good when it for the quorum call be rescinded. but it is not in ours. We ought to deal comes to assessing fundamental forces, but The PRESIDING OFFICER. Without with that. it is horrible at timing and speed of adjust- objection, it is so ordered. Madam President, this is an issue ment. Economic theory simply says nothing about either. DEPARTING COLLEAGUES that the next Congress must tackle. When the ends comes, the biggest effects Mr. GORTON. Madam President, 2, or Senator BYRD, the Senator from West will be felt in most of the up-and-coming 3 days ago I had the opportunity to Virginia, and I will reintroduce the leg- countries of East Asia. They will lose not speak on the floor about those of our islation that we introduced toward the just their United States market and trade colleagues on this side of the aisle who end of this session dealing with an surpluses but also their ability to run a trade are ending their Senate careers with deficit with Japan and finance the importa- emergency commission to end the the termination and adjournment of trade deficit. I will continue to stimu- tion of Japanese products, including components and spare parts. Since much of what this Congress. late and agitate, if necessary, on this. I wanted to take this opportunity to We must address this issue, but not they sell in their domestic markets depends on these Japanese imports, cutbacks in pro- speak briefly about my friends and colin a way that retreats from the inter- duction will have to be far larger than what leagues on the other side of the aisle ests of expanded and open markets. We a simple elimination of United States trade who are doing the same thing with par- must address it in a way that focuses surpluses would indicate. ticular reference to one who has be- on what is in our economic interest as Many of the East Asian countries that come a special friend. a country. We must not address it in a think they have reduced their dependence on the American market in recent years will Many people have paid well earned way that allows those who sloganeer tribute to the Senator from New Jer- about protectionism to claim anyone find that they have not. South Korea now sey, Mr. BRADLEY, for his brilliance, who does not share their view is pro- sells less than it once did to the United States and more to China than ever before, dedication, and purposefulness; to a tectionist. but China could not afford to buy from particular colleague, Senator EXON of How do we, at the same time as we South Korea it if it did not have a trade sur- Nebraska, with whom I have been priv- countenance largely open markets, in- plus with the United States. As China’s sales sist on our trading partners opening ileged to serve on both the Budget fall in America, its purchases from South Committee and the Commerce Com- their markets to American producers Korea will have to fall as well. and the products made by American In addition, many of the countries in East mittee whose wit, sense of humor, and workers? How do we do that? The fail- Asia have their debts denominated in yen, ability to diffuse difficult situations is ure to do that means we load our kids even though most of their sales are denomi- wonderfully welcome; to perhaps a fa- with debt that they will have to repay nated in dollars. As a result, when the yen vorite of many, Senator SIMON of Illi- rises in value vis-a` -vis the dollar, the real nois who, even when one disagrees fre- with a lower standard of living. This is value of their debts explodes. This effect was not the budget debt. This is trade debt. quently with him on issues, is always already apparent as the dollar slid from 120 unfailingly friendly, thoughtful, forgiv- The merchandise trade deficit this past yen to 80 yen over the last couple of years. year is close to $170 billion. Indonesia and China would have been in a lot ing, and forthcoming; to the courtly Madam President, let me again, as I of trouble if the dollar had not recovered. and courteous Senator PELL from conclude, pay honor and tribute to As a consequence, when the United States Rhode Island. those who leave the U.S. Senate. It has loses its ability to finance its trade deficit, Madam President, all are individuals been a privilege to me to serve with Japan will lose not just its American sales that we will miss. but also most of its East Asian sales. A few SENATOR BENNETT JOHNSTON them. countries in East Asia, such as Taiwan, have EXHIBIT 1 large foreign-exchange reserves and will be But I want to especially pay tribute AWAITING THE CRISIS able to continue to import Japanese compo- to my dear friend and colleague, the When something has gone on for a long nents and spare parts. But most other have senior Senator from Louisiana, BEN- time, human beings have a tendency to act little in the way of foreign-exchange re- NETT JOHNSTON; with common interests October 3, 1996 CONGRESSIONAL RECORD — SENATE S12261 in many matters relating to energy, to The U.S. Senate is often referred to Maine and America have come to all sorts of natural resources, to our as the greatest deliberative body on know that they can count on BILL parks, and particularly to a balanced earth, a reflection on the stature of its COHEN to approach issues with Federal budget; the companionship most outstanding individuals through- thoughtfulness and reason, and I think that we had in search of a bipartisan out our history. These leaders have all that Senators on both sides of the aisle solution to those questions and of the faced different challenges in different have a tremendous respect for his in- balanced budget during the course of ages, but share the traits that bind tellect and integrity. the last year or two. We would be clos- men and women to greatness: courage, I think that is what Americans want er in any event. integrity, and a thoughtful approach to in their leaders. BILL COHEN not only But, Madam President, I want to put the issues of the day. They are people listens to his constituents, but has the on the Record one unique set of cir- for whom public service is a calling, capacity to put the day’s problems and cumstances that binds the two of us to- not a career; and a solemn trust not events into historical perspective. He gether in a way that illustrates in ever to be broken. has the intellect, the integrity, and the some respects how small this world is. Senator BILL COHEN is one of these strength to know the right thing to When I first came to the U.S. Senate people. do—and the right way to do it. in 1981, Senator JOHNSTON had been BILL COHEN grew up in Bangor, ME, BILL COHEN does not rise and fall here for a considerable period of time and would forever be instilled with the with the political tide, but at the same and was a leading, highly respected, solid, common-sense, honest character- time he is very much aware of the is- and very, very thoughtful Member of istics that are the hallmark of any sues and concerns swirling across this body. good Mainer. From humble but hard- America as well as the world. In much About 6 months after I was here, I working roots, BILL COHEN would learn the spirit of lighthouse-keepers of visited at length my mother, who died the values that have made him a great Maine’s past, BILL COHEN has always just a couple of months afterward, at legislator, and a great leader. stood strong in the face of the often her home in Massachusetts, and was Mainers are a proud and independent turbulent seas of politics, ever watch- talking to her with great enthusiasm people, who believe in thinking for ful and every ready to guide us in the about this new challenge of my life and themselves but also in helping each right direction. this new career; describing the friend- other. They understand that there are He has been a leader who believes it ships I had made, at which point I said, no free rides—no endless summers. For is his solemn responsibility not simply ‘‘One of the Democrats, mother, that I every action there is a consequence, to echo public sentiment, but to delib- like best of all is BENNETT JOHNSTON. and with every right comes a respon- erate upon the issues of the day and to You know, he comes from Shreveport, sibility. People are expected to make add his own voice to the debate. LA, where your sister lived and raised the most of the opportunities they In fact, in 1992 he admonished that her children, my cousins. I just think have, but also to make certain those ‘‘Those of us in Congress must be will- that BENNETT JOHNSTON is a really ter- opportunities exist for others. They in- ing to tell the American people what rific Senator.’’ And my mother smiled sist that a person keep their promises they need to know, not just what they at me, and responded, and said, ‘‘Well, and be true to their word. And they be- want to hear.’’ Otherwise, as he said Slade, when you go back to the Senate, lieve the ultimate measure of any man just Friday in his eloquent farewell you ask Senator JOHNSTON whether he or woman is how close they remain to speech, ‘‘You don’t need me; you just knows that his father proposed to me their principles precisely when it is need a computer. * * * while we were undergraduates at Lou- most difficult to do so. It is that kind of powerful eloquence isiana State University.’’ It is against this backdrop that BILL that has been such a persuasive voice Well, Madam President, Senator COHEN started his political life, and he for reason in this body. As we well JOHNSTON obviously did not know that has carried these ideals with him know, Mr. President, BILL COHEN his father had proposed unsuccessfully throughout his tenure in the public knows just the right thing to say for to my mother before he met and mar- arena. He entered politics knowing almost any occasion, and certainly has ried the Senator’s mother. But that that he would have to make difficult a gift for the language. Of course, it’s brought us close enough together that decisions and willing to make them— not unusual people in our line of work he and I have called one another cousin but not knowing what or when. As it to sprinkle their speeches with pithy ever since. turned out, his moment would come little quotes from some famous writer. Madam President, of all of the people very quickly. But let’s be honest—most of these are whom I will miss in this body at the It became clear early on that BILL usually stumbled upon by some clever end of this Congress, I want to say that COHEN would follow in the tradition of speech writer leafing through ‘‘Bart- I will very, very much miss my cousin, great Maine leaders like Margaret lett’s Famous Quotations.’’ I mean, BENNETT JOHNSTON of Louisiana. Chase Smith and Edmund Muskie. In- when was the last time you were actu- Madam President, I suggest the ab- deed, from his earliest days in Con- ally gazing wistfully out the window, sence of a quorum. gress, Representative COHEN distin- thinking, ‘‘You know, right now I’m re- The PRESIDING OFFICER. The guished himself as an island of reason minded of that line in ‘The Iliad’* * *.’’ clerk will call the roll. in a stormy sea of scandal. While Except for BILL. He really is sitting The assistant legislative clerk pro- America was suffering a crisis of con- there, thinking about the cost of some ceeded to call the roll. fidence, BILL COHEN charted a course arcane weapons system relative to Ms. SNOWE. Mr. President, I ask straight through the heart of the storm gross national product and how it all unanimous consent that the order for as a member of the House Judiciary reminds him of that line in ‘‘The the quorum call be rescinded. Committee considering Articles of Im- Iliad.’’ The PRESIDING OFFICER (Mr. GOR- peachment against a President. Al- How many of us use timeless poetry TON). Without objection, it is so or- though just a freshman in the House, and literature to inform our views? dered. BILL was already a man of conscience Even more remarkably, how many of f and courage—someone who was willing us use our own poetry and writings? to make the tough calls and risk his That is why those of us in this Cham- TRIBUTE TO SENATOR BILL political future for the sake of truth ber are well aware that BILL is about COHEN and America’s honor. more than rollcall votes and unani- Ms. SNOWE. Mr. President, I rise One of our distinguished colleagues, mous-consent agreements. He is about today to pay tribute and bid a reluc- Senator ROBERT BYRD, once said ‘‘What the thoughtfulness and beauty of po- tant farewell to an outstanding leader, we really need is a constitutional etry; he is about contemplating our friend, colleague, and mentor—and an amendment that says, ‘There shall be place in history; and he is about taking individual who has been a tremendous some spine in our national leaders’ ’’. I the time to really think about the credit to this institution and to his think Senator BYRD might agree that world around us. He knows that what is home State—the senior Senator from if we had more BILL COHEN’s, we might really important—what is really last- Maine, BILL COHEN. not need such a measure. ing and worthy of our attention—is not S12262 CONGRESSIONAL RECORD — SENATE October 3, 1996 something that can be gleaned from a sessions, BILL COHEN never forgot Middle East with great concern. briefing book. It must come from, as where he came from. Since 1969, when Through a series of miscalculations, Plato might have said, the examined he was first elected to public office as the fragile peace process, which so life. For Senator COHEN, the examined the mayor of Bangor, ME people have many of us support and were hoping life is the only life worth living, and put their trust in BILL COHEN. He has would be successful, seems to have this philosophy is reflected in his pub- never failed that trust. He has never been threatened by renewed violence. lic service. failed to honor us with his service and As a strong supporter of Israel, I hope Indeed, one might say that when it he has never failed to make us all a reopening of the constructive dialog comes to values like honesty, integ- proud to call him Senator. I have cer- has been achieved in the White House rity, and fairness, BILL COHEN helped tainly been proud to call him Senator, in the past 24 or 36 hours. And I hope as write the book. even senior Senator, but I feel even well that both Israel and Palestinian In the Senate, Senator COHEN has more privileged to be able to call him leaders will renew their commitment been there to defend the defenseless. He my friend. to peace. has been a compassionate pragmatist BILL set the standard in modern As they attempt to resolve their im- who believes, as I do, that we can bal- Maine politics for all of us to follow. mediate differences, I urge Prime Min- ance the budget and still have room for Indeed, if we ever had any hope of ister Netanyahu and Chairman Arafat humanity. As Woodrow Wilson once being successful, we had to follow it. to act in good faith and with restraint, said, ‘‘The firm basis of government is And his advice and wise guidance over although I have to say, after having justice not pity,’’ and in that spirit the years has been invaluable to me. I had a lengthy meeting with Mr. Arafat BILL COHEN believes that we should will forever appreciate the kindness he just a few weeks ago on the Gaza, I did help give people a hand up, not a hand has shown. He has been a colleague, a not observe much restraint. out. And with boundless optimism and mentor, and an inspiration, and I will So often, dramatic events in one dis- in the best Republican tradition, he be- miss him. trict of the world draw attention from lieves in the power and potential of the Mr. President, as Senator COHEN is some of the other things that are going individual. BILL said it best in a speech about to embark on an exciting and on. I would like to call the attention of he gave on the Senate floor: ‘‘Is there fulfilling new journey, I wish him noth- my colleagues to the concern that I anything more un-American than to ing but the best. But know this: This have over other things that are taking deny a human being the chance to be institution, his State, and this coun- place in that region of the world. I wish the best he or she can be? to call to my colleague’s attention, Indeed, there is a common thread try, will miss him dearly because he has been, as an editorial once said, ‘‘as current actions being taken by Syria, that runs through BILL COHEN’S career actions which may prove to be an even in government. In 1963, Martin Luther close to the ideal definition of a public greater threat to the security of Israel King, Jr., wrote, ‘‘Injustice anywhere servant as one can get.’’ f and the stability of the Middle East. is a threat to justice everywhere.’’ It is A very dangerous game is being upon that fundamental principal that DEPARTING SENATORS played by Syrian President Hafez Senator COHEN has based his work, and Ms. SNOWE. Mr. President, I also Assad on the Golan Heights. For the the yardstick against which he meas- would like to add my sentiments about past month, Syria has been conducting ures our quality of life—and Govern- the number of individuals who are de- a series of troop movements along Isra- ment—in America. In a passionate speech he gave in the parting the Senate on both sides of the el’s northern border, which will enable wake of the 1992 Los Angeles riots, aisle, all of whom have contributed Syria to quickly launch an attack on greatly to this country and to their Israel. Syria has redeployed up to 12,000 BILL was typically eloquent and straightforward when he said: ‘‘If we States and brought us great honor, all troops from in and around Beirut to expect people to be guided by the rule of whom have reflected the ideals the within striking distance of the Golan of law and the hand of justice, then jus- American people rightfully expect from Heights. This is the first significant tice must be done. * * * We who hold their elected officials. I know it is manipulation of military forces since positions of honor and responsibility as going to be a great loss to this institu- the Madrid Conference convened 5 lawmakers have an absolute duty to tion, to lose the kind of individuals years ago to initiate the peace process. see to it that laws we pass are carried who have represented what, I think, is Only by standing on the edge of the out with fairness and with complete the best of what is in America, and the Golan, which I have done many times, impartiality.’’ best of what their States have rep- and I am sure the Senator presiding Senator COHEN has been a tireless resented. has also, can you get the full impact of champion for justice, whether for sen- I wish them all well. I am certainly the strategic significance of the Golan. iors, minorities, women, and even the sorry to see them all go. But I want to The Syrian troop movements is just U.S. Government. In fact, especially say they have certainly served their the latest in a series of destabilizing the U.S. Government. BILL believes in State and their country with honor. actions by Assad. Despite repeated in- the system—and he does not take Mr. President, I yield the floor. vitations for Prime Minister lightly to that system being tarnished Mr. President, I suggest the absence Netanyahu, Assad has refused to renew by corruption, waste, or special privi- of a quorum. peace talks with Israel. Syria still har- leges. He was there to champion lobby- The PRESIDING OFFICER. The bors some 10 anti-Israel terrorist orga- ing reform; he was there to ensure that clerk will call the roll. nizations in Damascus. Syria also sup- criminal wrongdoing by public servants The assistant legislative clerk pro- ports the anti-Turkish, anti-Jordanian would not be tolerated; and he was ceeded to call the roll. terrorists, and let’s not forget Syria’s there to strengthen the code of ethics Mr. INHOFE. Mr. President, I ask destabilization of Lebanon with over for all who are entrusted with the pub- unanimous consent that the order for 40,000 Syrian troops supporting lic good. the quorum call be rescinded. Hezbollah terrorists. BILL has also long been a respected The PRESIDING OFFICER. Without Mr. President, the Syrian troop and expert voice on intelligence and objection, it is so ordered. movements are additionally menacing defense issues. As chairman of the Mr. INHOFE. Mr. President, what is in light of a serious surprise attack on Armed Services Subcommittee on the pending business? Israel during the observance of Yom Seapower and as former chairman of The PRESIDING OFFICER. The Sen- Kippur, the Jewish day of atonement in the Senate Intelligence Committee, ate is in morning business, with a 5- 1973. BILL’S leadership role at a key time in minute limit on speeches. In 1973, Syrian commando units were history laid the groundwork for many f used to attack Israeli positions on Mt. of the successes we enjoy today—from Hermon during Yom Kippur, the day of keeping communism at bay, to helping SYRIAN TROOP MOVEMENTS fasting prayer and introspection, which bring about the end of the cold war. Mr. INHOFE. Mr. President, like was observed in Israel just last Mon- Throughout it all, the political bat- most Americans, I have watched the day. Syrian troop movements could tles, the tough votes, the late-night events of the past several days in the force a dangerous escalation by virtue October 3, 1996 CONGRESSIONAL RECORD — SENATE S12263 of the implied threat to Israel of their BALLISTIC MISSILE DEFENSE reality. It is for political, not techno- forward positions. Mr. INHOFE. Mr. President, if I can logical, reasons that the U.S. Govern- In the most recent redeployment, address one other subject very briefly ment has chosen not to build a missile which took place just last week, spe- since we are coming to the end of this defense. I think that is very signifi- cial forces were moved to forward posi- session. I noticed an article in the cur- cant. tions on the Syrian side of Mt. rent Reader’s Digest. I happen to be We not long ago debated the START Hermon. These movements are most one who has such respect for the Read- II Treaty and we did, in fact, approve disturbing and significantly change the er’s Digest. that from this body. I think I was the military picture. It was a similar force I was involved with a story 2 years first one, the only one, who voted which captured an Israeli outpost on ago with them. It took them 9 months against it until later in the vote when Mt. Hermon in 1973. They were only to write the story. Everything is au- three others joined. My argument was dislodged after heavy loss of life. thenticated and documented in a way I we were going back to accepting the Mr. President, an editorial published don’t know any other publication confinements and restrictions that in a recent Near East report outlines would equal. They were talking about were imposed upon us in the 1972 ABM the threat to Israel of these recent Syr- ballistic missiles that increasingly will Treaty, which at that time didn’t make ian actions. be used by hostile states and is a real sense to me, but it made more sense serious problem. than it does today, because that was a I ask unanimous consent that the We have stood on the floor of this bilateral treaty with a country that no editorial be printed in the RECORD. Senate over and over and over again to longer exists, which says, ‘‘If you don’t There being no objection, the edi- try to address this problem, to make defend yourself, we will agree not to torial was ordered to be printed in the the people of America aware that we defend ourselves,’’ therefore, that is a RECORD, as follows: are probably in a more threatened posi- policy that offers some security. TROUBLING SYRIAN TROOP MOVEMENTS tion today than we have been in this I never really believed it did. How- For several weeks, Syrian troops have been country’s history. They point out some ever, it is now pointed out by more and moving from the Beirut area to Lebanon’s things I had not thought about, putting more people that that policy was Bekaa Valley, close to Israeli positions on it in proper context. flawed initially and certainly is not the Golan Heights. The New York Times They said there are five reasons why one that today makes any sense. In (Sept. 18) said Israel and the U.S. are par- the Nation must take steps to defend fact, it was Dr. Henry Kissinger, who ticularly concerned about the movement of itself: was the architect of the ABM Treaty in crack Syrian commandos near Israeli listen- First, the ballistic missiles are pro- 1972, who said, ‘‘It is nuts to make a ing posts on Mount Hermon, given that the liferating. More than 20 nations are in virtue out of your vulnerability.’’ 1973 Yom Kippur War began with a Syrian the ballistic missile club, as they call commando attack on Mount Hermon. So that is our posture today, where it. Others are knocking on the door. we are. The last thing they said is the In its September 18 lead story, Ha’aretz re- This is something we have been saying longer we wait, the less time we may ports that an intelligence assessment (pre- over and over again. In fact, it has been sented in recent days to Prime Minister have. Netanyahu against the background of the 2 years since the former CIA Director, We had an NIA estimate not too long troop movements) says that, while there are the first one under President Clinton, ago, a national intelligence estimate, no signs indicating an immediate outbreak said that we know of somewhere be- that many of us felt was flawed in of hostilities, ‘‘the probability of war with tween 25 and 30 nations that currently many ways. I think it told the Presi- Syria is no longer low.’’ (In recent years, either have developed, or are in the dent what the President wanted to IDF intelligence assessments have said there final stages of developing, weapons of hear. It came to the conclusion that is ‘‘a low probability’’ of such a war.) mass destruction, either biological, there is no threat out there for the The biggest military advantage Syria chemical, or nuclear. next 15 years. I think there are many could gain from the latest troop movement This former CIA Director identifies problems with this. First of all, they would be a reduction in the time needed to five nations—Libya, Iraq, Iran, Syria, move from a defensive to an attacking pos- talk about the continental United and North Korea—whose aggressive States. I agreed with James Woolsey ture. ‘‘The main concern is not that the Syr- programs to arm missiles with nuclear, ians will try to attack the Galilee, but will the other day when he said the last chemical, or biological weapons could try a quick capture of some key point, like time he checked, Hawaii and Alaska threaten the United States. Mt. Hermon. This evaluation is based largely were part of the United States. The second thing they talk about is on the nature of the Syrian forces sighted in The article also points out that it that missile range and accuracy are in- the area: special commando units trained to fails to mention that both Russia and engage in swift raids,’’ wrote Ha’aretz intel- creasing rapidly. I suggest, Mr. Presi- China have ICBM’s right now that have ligence expert Yossi Melman (Sep. 18). dent, that the reason for this is partly the capability of reaching the United While the Syrian movements are troubling, our fault because of what we have done States, along with the weapons of mass their significance should not be exaggerated. in satellite technology. Israel and Syria have reportedly exchanged I had occasion to become the first destruction. ‘‘pacifying messages’’ aimed at heading off a Member of Congress to fly a small air- I remember President Clinton saying confrontation. Foreign Minister David Levy plane around the world a couple of in the House Chamber during his State and U.S. Ambassador to Lebanon Richard years ago. I used that satellite tech- of the Union Message that there is not Jones are said to be involved in calming a single Russian missile pointed at things. nology. I never lost the satellite all the way around the world. Because of that, America’s children. The head of the ‘‘I don’t see anything particularly alarm- Russian strategic missile forces told ing in the redeployment,’’ Jones said, adding there is no way of guarding against other uses, and that means, through CBS news on ‘‘60 Minutes’’ that his that a military confrontation between Syria ICBM’s could be retargeted in a matter and Israel’’ seems pretty far-fetched’’ (Reu- our global positioning system, other ter, Sep. 17). nations have incredible accuracy, and of minutes. I think it is a great disserv- Prime Minister Netanyahu told the this is something that has to be taken ice to the American people for the Knesset Foreign Affairs and Defense Com- into consideration. President to try to imply that the mittee: ‘‘Syria’s intention is evidently to put The third point is warheads of mass threat is not out there. psychological pressure on Israel and its new destruction are within reach of many Mr. President, many of the people in government. And, when pressure is applied new missile powers. the intelligence community through- to you, the main thing is don’t get pres- We were shocked when we found out out the world have said that the United sured.’’ and discovered at the end of the gulf States of America is facing a greater Syria’s bullying tactics come at a particu- war that Saddam Hussein had a huge threat today than we have faced since larly inopportune time—just as Washington biochemical arsenal. Hundreds of tons the Revolutionary War. I am deeply and Jerusalem have been working tirelessly distressed that the President has been to arrive at a new formula for resuming Is- were destroyed by the U.N. observers. raeli-Syrian talks. Damascus would do well We have no way of knowing where else able to convince many of the American to jettison the questionable threats and in the world this could be happening. people that the threat is not out there, troop movements in favor of re-engaging in The fourth point is, defense against and I intend, certainly during this re- serious negotiations with Israel. ballistic missile attack is a practical cess, to do all I can to be, if nothing S12264 CONGRESSIONAL RECORD — SENATE October 3, 1996 more than a one-man truth squad, to ating ‘‘hybrid’’ long-range missiles from rockets) that find and destroy missiles at get the American people to understand rocket components. Moreover, experts add, their most vulnerable stage: shortly after the real threat that is facing us today. China is going all-out to make its CSS–4 launch. The space-based system would be Mr. President, I ask unanimous con- ICBM capable of carrying multiple nuclear augmented by ground-based, hyerfast anti- warheads. missile interceptors to ‘‘clean up’’ any resent that the missile defense article One problem for missile neophytes—accu- maining missiles or warheads. entitled ‘‘Defenseless Against Missile racy—may have been inadvertently solved by In 1993 a panel of scientists assembled by Terror’’ be printed in the RECORD. the United States. Our Global Positioning the American Institute of Aeronautics and There being no objection, the article System (GPS) uses an orbiting satellite net- Astronautics (AIAA) reviewed a ballistic- was ordered to be printed in the work to provide an exact location fix on missile defense system. The AIAA found ‘‘no RECORD, as follows: earth. Originally a U.S. defense program, technical barriers to the development and GPS is now routinely available to anyone— deployment’’ of a workable missile defense. [From Reader’s Digest, October, 1996] including foreign governments. 5. The longer we wait, the less time we DEFENSELESS AGAINST MISSILE TERROR Former CIA Director Woolsey explains may have. In November 1994, President Clin- (By Ralph Kinney Bennett) that within a few years, GPS could give bal- ton issued Executive Order 12938, declaring ‘‘Ballistic missiles can and increasingly listic missiles such pinpoint accuracy that missile proliferation to be a ‘‘national emer- will be used by hostile states for blackmail, even with nonnuclear warheads, they would gency.’’ However, every Congressional effort terror and to drive wedges between us and have immense destructive power. GPS could to build a defense against attack has been our allies.’’ make it feasible, Woolsey warns, ‘‘for Sad- vetoed by the President or thrown into a This warning, delivered to Congress last dam Hussein to threaten to destroy the limbo of ‘‘further research.’’ A secret National Intelligence Estimate, spring by R. James Woolsey, former director Knesset (the Israeli parliament) or for Chi- prepared for the President last November de- of the Central Intelligence Agency, had a nese rulers to cause a Chernobyl-like disas- clared flatly: ‘‘No country, other than the particular immediacy. Just weeks earlier, ter at a Taiwanese nuclear-power plant.’’ 3. Warheads of mass destruction are within major declared nuclear powers, will develop China had threatened Taiwan by test-firing reach of many new missile powers. The Grail or otherwise acquire a ballistic missile in missiles off Taiwan’s shores. In a not-so- for those building mass-destruction weapons the next 15 years that could threaten the veiled warning against interference, China is a ‘‘deliverable’’ nuclear warhead, one that contiguous 48 states and Canada.’’ reminded a former U.S. diplomat that Los is small enough and sturdy enough to be Intelligence experts immediately pointed Angeles was within reach of its nuclear- launched by a missile. Designing one re- out the report’s flaws. It virtually ignored tipped intercontinental ballistic missiles quires technical sophistication and im- Alaska and Hawaii (‘‘They’re part of the (ICBMs). mensely complex calculations, which is why United States last time I heard, ’’ says Wool- Ballistic missiles are becoming a dan- high-speed supercomputers are vital to ad- sey); also, it brushed aside existing Russian gerous factor in international relations, but vanced weapon designs. and Chinese ICBMs and the threat of insta- the United States has yet to deal fully with Thus, national-security experts were dis- bility in, or accidental launches from, those the threat. Here are five reasons why the na- mayed when the Clinton Administration re- countries. At least one freak launch of an tion must take steps to defend itself: laxed supercomputer export guidelines. armed Soviet missile during routine mainte- 1. Ballistic missiles are proliferating. More Since then, U.S. computers capable of bomb nance has been reported. than 20 nations are in the ballistic missile design have gone to China and Russia. U.S. President Clinton has said ‘‘there is not a ‘‘club.’’ Others are knocking on the door. Al- officials claim they will keep close track to single Russian missile pointed at America’s though the United States stopped exporting ensure the technology is used only for civil- children.’’ We have no way of verifying this— ballistic missiles over two decades ago, Rus- ian purposes. But as Stephen Bryen, a former nor would it mean much, if true. Gen. Igor sia, China and North Korea eagerly peddle Pentagon official and an expert on strategic Sergeyev, head of Russia’s strategic missile their rockets—often in the guise of aiding technology transfer, notes, ‘‘It is absurd to forces, told CBS News’s ‘‘60 Minutes’’ that ‘‘space programs.’’ believe that in a country bent on developing his ICBMs could be retargeted in ‘‘a matter Pakistan, which has been developing its high-tech weapons, supercomputers will not of minutes.’’ Indeed, another Russian general own ballistic missile, the Hatf, has report- end up being used by the military.’’ told Tass news agency last June that a mul- edly acquired 30 nuclear-capable, medium- Meanwhile, countries such as Iran, Iraq, tiple warhead test just conducted was the range M–11 missiles from the Chinese to Libya and North Korea have not ignored the 25th launch in the past four years. counter India’s growing missile force. Saudi path to a big bang on the cheap: chemical The Clinton Administration’s missile-de- Arabia owns Chinese CSS–2 missiles. Iran and biological weapons. Pound for pound, fense policy rests on two slim pillars. One is has added Chinese CSS–8s, a front-line ballis- poison gas and such deadly germs as anthrax the U.S. intelligence program—which, says tic missile, to its considerable arsenal of So- can have the same mass-killing power as a the report to the President, will spot missile viet-made Scuds. There has even been a re- nuclear bomb. programs ‘‘many years before deployment.’’ port that Peru, smarting from past reverses A chilling discovery at the end of the Gulf But Los Alamos National Laboratory physi- at the hands of its neighbors, entered into War was Saddam Hussein’s huge biochemical cist and missile expert Gregory Canavan negotiations with North Korea last year to arsenal; hundreds of tons were destroyed by points out that intelligence analysts were obtain ballistic missiles. U.N. observers. During the war, according to completely surprised by Iraq’s big 1989 mis- The CIA identifies five ‘‘rogue nations’’— Gen. Hussein Kamil Hasan, Saddam’s son-in- sile test. Analysts also thought Iraq was five Libya, Iraq, Iran, Syria and North Korea— law, Iraq got as far as filling warheads with years away from building a nuclear weapon; whose ‘‘aggressive’’ programs to arm mis- deadly germs such as the cancer-causing documents and equipment uncovered after siles with nuclear, chemical or biological aflatoxin. the Gulf War showed Iraq was about two weapons could threaten the United States. 4. Defense against ballistic-missile attack years away. There are indications that Libya is seeking is a practical reality. It’s for political, not The other pillar of the Clinton defense is to buy ballistic missiles from North Korea . technological, reasons that the U.S. govern- the ABM treaty. However, this agreement— Iraq, whose Scud rockets rained down on Is- ment has chosen not to build a missile de- negotiated with a national entity that no rael and Saudi Arabia in the Gulf War, is fense. One of the first anti-missile weapons, longer exists—does not reflect the spread of rapidly rebuilding production facilities to the Nike-X, was ready by the early 1960s. ballistic missiles to dozens of nations around turn out an upgraded Scud called the El-Hus- But, partly as a gesture of good intentions the globe. By bending over backward to com- sein. toward the Soviets, then-Defense Secretary ply with the treaty, the United States has In North Korea, scarce financial resources Robert McNamara refused to deploy it. purposely blunted what small air defense it are being lavished on long-range Taepo Dong This restraint culminated in the U.S.-So- has. This may already have cost American missiles. Intelligence sources in South Korea viet Anti-Ballistic Missile (ABM) Treaty of lives. report that within five years, these rockets 1972, which limited both countries’ defense On the night of February 25, 1991, in the may be able to reach all of the western, and systems. Although the Kremlin repeatedly midst of the Gulf War, a Scud missile was much of the central, United States. violated the treaty by enlarging its ABM fired from Iraq. The launch was picked up by 2. Missile range and accuracy are rapidly system to protect greater portions of the So- American surveillance satellites, which com- increasing. By strapping on booster engines, viet Union, by 1976 the United States had puted the missile’s speed and direction. The countries can turn shorter-range missiles closed its sole missile-defense facility in pooled information revealed the target into multi-stage rockets—vastly increasing North Dakota. area—Dhahran, Saudi Arabia, where Amer- attack distance. Only when President Ronald Reagan re- ican forces were stationed. In December 1989 intelligence officials were vived interest in an effective defense against This vital information was transmitted al- astounded when Iraqi missile scientists suc- ballistic missiles did funding pick up, and most instantly back to earth—but not to cessfully tested a powerful rocket bolted to- the United States went on to make astound- Dhahran’s two batteries of Patriot missiles, gether from five Soviet Scud engines. Iraq’s ing leaps in technology. The Reagan effort upgraded anti-aircraft weapons intended to ballistic-missile research and development pointed to what is acknowledged to be the provide battle-zone missile defense. Because facility at Mosul was destroyed during the most elegant and effective technique for kill- of concerns about ABM treaty compliance, Gulf War, but it has been rebuilt and ex- ing ICBMs—space-based sensing satellites the data went to the U.S. Space Command panded. North Korea and China are also cre- and interceptor weapons (either lasers or headquarters near Colorado Springs, Colo. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12265 There, analysts were supposed to evaluate equally dismal fiscal problems. Unlike place can be instituted over a rel- the information and send it on to Saudi Ara- the hospitals’ insurance program, this atively long period. The longer we bia—a time-consuming process in the short part of Medicare is voluntary. Retirees wait, the harder it is to institute the life of a launched missile. choose to participate. They then pay reforms that are necessary under Medi- On that night, analysts were so unsure of the data that they didn’t even phone a warn- premiums into the system. And the care. ing to the Patriot batteries. There was no at- premiums then go toward paying their If we make these changes starting tempt to intercept the missile, which hit a doctor’s bills. next year, it will have two important temporary barracks, killing 28 GIs. However, the premiums paid by the benefits. It will allow future retirees to Surveys show that the public believes the participants in the part B program fall plan for the new system, in other United States can ‘‘shoot down’’ incoming far short of paying for the cost of the missiles. But if an ICBM were fired at the words, if there are going to be changes program. When the program was set up then those about to retire can make United States today, here is what would hap- it was never designed that the pre- pen: some plans; and, second, as I men- A vast network of reconnaissance sat- miums that the retirees pay would tioned before, it will provide some lead ellites would detect the launch, compute its cover the cost of the part B program, time so that the savings needed to re- speed and predict its trajectory and approxi- namely the doctor’s bills. It started store solvency can be achieved. mate area of impact. Ground-based radars out that the individual’s premiums It is also imperative that any reform would track it. Then . . . would pay 50 percent of the cost of the of the Medicare Program be done on a Nothing. program and the other 50 percent of the bipartisan basis. The political stakes Untold numbers of Americans might die cost of the program would come from are simply too high for this program to from a nuclear, chemical or biological the general fund of the United States, strike. be left at one party or the other’s door- from ordinary tax and other revenues Surely, no treaty, no faith in our ability to steps. We have to be in this together. that go into the general fund. That was see over the political and technological hori- All of us, Democratic and Republican 50–50. zon, should be allowed to stand in the way of Senators, are going to have to take dif- a missile defense that would prevent this Currently, by law, only a fourth of horrible outcome. the program’s costs are covered by the ficult votes on Medicare if the program Mr. CHAFEE addressed the Chair. premiums. Twenty-five percent now is is going to survive. Both parties, away The PRESIDING OFFICER. The Sen- covered by the premiums that are paid from the campaign trail, do now recog- ator from Rhode Island. by the beneficiaries. The remaining 75 nize the need to reduce the Medicare Mr. CHAFEE. Mr. President, I ask percent is paid for from general tax spending. unanimous consent that I be allowed to revenues. In other words, Mr. Presi- For example, the President’s last bal- proceed in morning business for 15 min- dent, we have the strange situation as anced budget proposal included reforms utes. follows. Income taxes paid by factory to Medicare that would have yielded The PRESIDING OFFICER. Without workers, or the secretary in some of- $124 billion of savings over 6 years. objection, it is so ordered. fice, or the janitors sweeping the floors That was the President’s program, $124 f and waxing the floors, their income billion of savings over 6 years. The taxes pay 75 percent of the doctor’s final Republican plan proposed savings MEDICARE PROGRAM bills for our seniors. And this is true of $168 billion. The President’s savings, Mr. CHAFEE. Mr. President, I want regardless of whether the senior is $124 billion; the Republican final plan, to take a few minutes this afternoon to somebody living on a very modest in- $168 billion. Obviously, there is a figure discuss the Medicare Program. Restor- come or a multimillionaire. So multi- somewhere in the middle of this range ing solvency to the U.S. Medicare Pro- millionaires who are retired, on Medi- on which Republicans and Democrats gram is the greatest domestic chal- care, have three-fourths of their doc- can agree. lenge that the Congress will face when tor’s bills paid by ordinary citizens, There already has been put together we reconvene in January 1997. scrimping away, paying dutifully their a bipartisan plan. That was the cen- The Medicare Program is in deep income taxes. trist coalition balanced budget plan trouble. The latest report is entitled, The part B expenditures have been which Senator BREAUX and I and others ‘‘Status of Social Security and Medi- increasing at a rapid rate for many offered earlier this year. Some 20 of our care Programs, a Summary of the 1996 years, and are projected to nearly tri- colleagues joined with us to submit Annual Reports.’’ This is submitted by ple as a share of the Nation’s economy this program with important pro- the trustees of the Medicare Program by the year 2020. In other words, these grammatic reforms to the Medicare and the Social Security Program. I will costs are escalating as part of the total system. restrict my remarks to the Medicare expenditures in our country. They are What did it do? It opened avenues for Program. going up and up and up. And they will savings by allowing seniors to choose According to this report, the hospital triple some 25 years from now. private managed care plans. And it cre- insurance trust fund—that is the pro- Because the general fund pays 75 per- ated a new payment system to encour- gram that pays for the hospital bills cent of these costs, as just outlined, age the growth in the availability and for individuals on Medicare—will run the Medicare Program will drain an accessibility of such plans. It called for out of money by the year 2001. ever increasing amount of resources slower growth in payments to hos- How far away is 2001? That is 4 years away from other important Federal pitals, physicians, and other service from this coming January. The trust programs. The more that goes out into providers. It called on higher income fund is currently spending more money this program for doctor’s bills paid by seniors to pay a greater share of the than it receives in revenues. Even now, the general fund, the less there is in costs of the part B program. No longer, more money is going out than is com- the general fund to pay for education, it seems to me, can a multimillionaire ing in. and health care, Head Start programs, have the taxpayers pay for his or her According to a recent report, this crime prevention, FBI, whatever it doctor’s bills just because he or she is shortfall is increasing at a rapid rate. might be. on Medicare. The trust fund lost more than $3 bil- Early next century, starting in 2000, lion—I would like to repeat that, Mr. just some 4 years from now, the baby- Finally, it increased the Medicare President—the trust fund lost more boom generation will begin to reach re- eligibility age to conform with the in- than $3 billion in the month of August, tirement age and, as a consequence, crease in the Social Security eligibility according to the Treasury Department. start to demand benefits from the Med- age which will begin in the year 2003. That was a loss twice as high as the icare Program. They will reach 65. Starting in 2003, the age for retirement deficit occurred in August, 1995. They will want what others have. The under Social Security will go up gradu- The Medicare part B program—what current Medicare Program, however, ally. And we increase the eligibility I have been discussing up to now is the will be unable to meet those demands. age for Medicare to conform with that. part A program, the hospitalization. It is essential that we begin to reform Together these reforms would reduce The part B program, which pays doc- Medicare next year. We cannot wait Medicare expenditures by $154 billion tor’s bills for our senior citizens, faces any longer. So the changes we put in over the next 7 years. This was a fair S12266 CONGRESSIONAL RECORD — SENATE October 3, 1996 and a balanced plan. I am pleased it re- gether to try to address some of the the center out. I am absolutely con- ceived bipartisan support. And 46 Mem- problems facing this country with the vinced that the only way we solve dif- bers of this body, 46 out of the 100 Sen- inability of the Congress to really ficult problems in any kind of a par- ators, voted for that plan: 22 Repub- come together in any kind of a biparti- liamentary body is by working from licans, 24 Democrats. san fashion. the center out in order to form a ma- Mr. President, I am delighted that it I have been in this business a rel- jority coalition. I am absolutely con- appears that we can once again next atively long number of years, and I vinced that you can never start from year convene our centrist coalition think it becomes increasingly evident the far left and hope to get a majority, with the able leadership of Senator to me, and I think to many others, nor can you start from the far right BREAUX on the Democratic side, while I what the American people want us to and ever hope to put together a major- will be pleased to rally the Republican do is to resolve our differences in a ity on just about anything. But if you Members. I am convinced we can once manner that makes sense, that is fair start from the middle and work out again come forward with constructive to the average American, and that gets and gradually pick up more and more solutions to the Medicare challenges. the job done. More and more, people people, one day you find you have a Mr. President, in closing I would back home in my State of Louisiana majority, which is what a democracy stress this. Members of this body are want Congress to just make Govern- demands from all of us. The people de- now scattering to 50 different States. ment work. They elect us to do that. mand we make Government work. All of them are going to be involved in Yet they see so many times we seem to Hopefully, in the next Congress, we the campaigns either as candidates be engaged more in partisan battles will be able to continue that effort and themselves, or as helping those from that end up in stalemates and Govern- be even more successful than we were their parties in their own States. ment shutdowns, and people back home in this endeavor in this Congress. It is my earnest hope, Mr. President, wonder whether what we do up here My colleague from Rhode Island that the Senators seeking reelection makes any sense at all. talked a little bit about Medicare. and, indeed, all Senators will not lock One of the bright spots in this Con- That is one of the real challenges we themselves into such positions that gress was the opportunity that I had to are going to face in the next Congress. would prevent them from taking the work with many of my colleagues on Medicare is so easy to politicize, and necessary votes that are going to be re- this side of the aisle as well as on the both sides have contributed to that ef- quired if we are going to reform the Republican side of the aisle in that fort. We have scared people about the Medicare Program next year. mainstream coalition, the so-called collapse of the Medicare system. We If we do not reform this program, if Chafee-Breaux organization. I think we have scared people about not ade- no one wants to touch it because it is really made some progress. We came quately funding it. People must be very too much of a hot potato, if it is re- very close to actually adopting a budg- confused. garded as the third rail which nobody et. We got 46 votes in the Senate on a I remember the story quite well when can touch, leave it alone, then absolute package that was a real effort in Medi- we were doing the debate on health disaster will face Medicare—the Medi- care reform, Medicaid reform, and it care reform and we had the Clinton care Program in the future. had a tax cut in it. It had an adjust- plan and there was a lot of discussion So I again urge all my colleagues, ment to the Consumer Price Index, about it being too large, too much too those seeking reelection, those who are which most economists agree is incor- soon, and all of those things. not even Senators yet but are chal- rect and does not properly state the I remember coming back home to lengers, not to get themselves into amount of inflation for the entitlement New Orleans and having a lady come up such a position that they are prevented program adjustment. to me in the airport and say, ‘‘You are from taking the tough votes that are So we really, I think, went a long all working on that health care reform required to reform the Medicare Pro- way toward getting a job done. We back in Washington?’’ I said, ‘‘Yes, gram so that it will be there for future brought that package to the floor. It ma’am, we are.’’ She said, ‘‘Whatever beneficiaries. had welfare reform in it. It was de- you do, don’t let the Federal Govern- Mr. President, I see that no one else bated. We had a surprisingly large ment take over my Medicare.’’ I said, is desiring to speak at this time and, number of votes from both sides of the ‘‘OK. We won’t let that happen.’’ therefore, I suggest the absence of a aisle that said, yes, it is about time we Medicare is a Federal program. It quorum. move in this direction. was passed under the administration of The PRESIDING OFFICER. The I was very proud of that effort, and I 1965. It is run by the people in Washing- clerk will call the roll. commend the Senator from Rhode Is- ton. It is totally a Federal program. The legislative clerk proceeded to land and everybody who worked in that She loved it, but she sure did not want call the roll. effort. Unfortunately, many of the the Federal Government having any- Mr. BREAUX. Mr. President, I ask Members who worked with us are not thing to do with it, although the Fed- unanimous consent that the order for going to be back in the next Congress eral Government had everything to do the quorum call be rescinded. because they have decided to volun- with it. So people are very concerned The PRESIDING OFFICER (Mr. tarily retire from Senate service, and about this issue, and I think that we FAIRCLOTH). Without objection, it is so they are going to be missed. Each and have to be careful and try to not politi- ordered. every one of them was a major contrib- cize it as we are all guilty of doing too Mr. BREAUX. I ask unanimous con- utor to this effort. While their physical often. sent to that I be recognized for 10 min- presence may be missed, I think the The facts are very scary. These are utes as in morning business. work they have helped us begin will the facts. They are not Democratic The PRESIDING OFFICER. Without still be with us in the next Congress. facts or Republican facts. These are objection, it is so ordered. Their advice and assistance and rec- just facts about what is going to hap- f ommendations, I hope, will still be pen to Medicare from which so many forthcoming because they were very seniors and their children benefit di- BIPARTISAN LEGISLATING valuable members of our group this rectly because mom and dad and grand- Mr. BREAUX. Mr. President, I take year and can be of very valuable assist- father and grandmother are taken care the floor to first commend one of our ance in a positive fashion in the next of. previous speakers this afternoon, the Congress. We have a heck of a problem facing Senator from Rhode Island, the distin- So, having said that, I wish to also us. The hospital insurance fund, the so- guished JOHN CHAFEE, who worked as point out that there will be another called part A of Medicare that pays for one of our leaders in a truly bipartisan day to bring this effort to the floor in the hospital insurance, which is fi- fashion in the last Congress in our the next Congress. We certainly intend nanced by a 2.9-percent payroll tax, mainstream coalition, the so-called to continue our organization, to con- which is awfully high, equally divided Chafee-Breaux coalition. We had an tinue our group, to see if we cannot between workers and their employers— equal number of Democrats and Repub- bridge that gap between the two dif- part B, of course, covers doctor bills— licans who really worked very hard to- ferent aisles to form coalitions from the latest figures we have show that October 3, 1996 CONGRESSIONAL RECORD — SENATE S12267 under part A, hospital insurance, how President of my party, the incumbent I think it is a 50–50 situation at this much we spend is exceeding how much President, but should the former Ma- point. I hope that we can close this we take in to such an extent that the jority Leader Dole be elected, so be it— U.S. Senate out with a fitting tribute trust fund, which now has a surplus of but whoever it is, I suggest very to the people we all serve, and pass this $121 billion, will be almost completely strongly that immediately following parks bill. depleted by the year 2000. the election they immediately consider I just hope that we can come to- That is not that far from now—com- appointing a commission to take a gether. None of us gets everything we pletely depleted. The trust fund of $121 look at this and have a recommenda- want in life. Certainly there are many billion is gone in the year 2000, and it tion ready for us when we get back in things which I have been working for will run a deficit, which means we will January. Why waste November, Decem- that are not reflected in this bill, and not have enough money to pay the bills ber, and January just talking about I will come back another day to fight of up to $53 billion the next year, the this issue? I suggest whoever wins on those battles. year 2001, unless we make some November 5, one of the first things But when the House of Representa- changes. they do is call for a bipartisan commis- tives gets to pass a bill with only 40 CBO has projected the net Medicare sion to begin work to present them dissenting votes—I hope the majority outlays under the current law will in- with a recommendation when the new leader and the minority leader agree— crease at an average rate of 9.3 percent Congress begins so we can start from it seems to me that this U.S. Senate between this year and the year 2002. So day one trying to forge a compromise should be able to do the same thing. we are going to be spending more that gets the job done in a number of We should try to help each other gain money, and yet we are rapidly deplet- entitlement areas, particularly in Med- the respect we all deserve for our ing the fund from which that money icare. We certainly have our work cut points of view but at the end of the comes. out for us. day—and at the end of this day and at Our bill last year was one of three With that, I yield the floor and sug- the end of this session—we ought to main proposals. The President’s pro- gest the absence of a quorum. bring home a parks bill. posal called for savings of $116 billion; The PRESIDING OFFICER. The Mr. President, for me it has been a the Breaux-Chafee, Chafee-Breaux pro- clerk will call the roll. very exciting Congress in many ways, posal had a savings of $154 billion over The bill clerk proceeded to call the and toward the end, it was able to pick 7 years, and the Republican budget roll. up some steam, and we were able to be Mrs. BOXER. Mr. President, I ask plan called for savings of $270 billion. more bipartisan. I only hope that in unanimous consent that the order for There is one thing that is certain and the next hour or so we will come to- nobody should disagree: We are going the quorum call be rescinded. The PRESIDING OFFICER. Without gether, and that we will get a parks to have to do something, and it is not objection, it is so ordered. bill that gives us all comfort. I say going to be easy. It is going to be pain- Mrs. BOXER. Mr. President, thank ‘‘gives us all comfort’’ because it is a ful. We can make it less political and you, very much. good bill. It is a bipartisan bill, and it less painful if we try to bring together f is what we were sent here to do. organizations and come from the cen- Thank you, very much, Mr. Presi- ter aisle out to come up with some- THE PARKS BILL dent. thing that works. Mrs. BOXER. Mr. President, we sit I yield the floor. Let us face it. It is a very inefficient here and watch the clock move forward f system. The lady in New Orleans loved as we close this Senate. I have been in- SENATOR SAM NUNN it, but she was not talking about how volved in the last several days in try- inefficient it is. It is inefficient being to get the parks bill before we Mrs. BOXER. Mr. President, I see cause it is an old-style program. It is leave. Forty-one States have park that the Senator from Georgia has called fee-for-service. You send the bill; projects in this bill. It is extremely im- come to the floor. This is an oppor- we pay the bill. No matter what the portant to so many. We have been lit- tunity for me. bill is, we pay it basically. Every other erally working round the clock to try I put a statement in the RECORD as a type of medical delivery system in this to come to some agreement. Senator tribute to all of the Senators on both country is using innovative new pro- BRADLEY, myself, Senator MURKOWSKI, sides of the aisle who are leaving. grams—HMO’s, preferred provider orga- Leon Panetta, and his staff have been But I want to tell the Senator from nizations, POS’s, other types of innova- virtually working on this full time for Georgia how much I am going to miss tive ways of delivering health care that the last several days. We do not yet his advice and counsel on issues that has brought together a great deal of have an agreement. We are close to an deal with security, and how much I re- competition. agreement. spect his quiet dignity, his quiet lead- No. 1, we have to expand the options But there is a very important con- ership, and how much I wish him well for Medicare beneficiaries, give them cept in the letter from the administra- and his family. I know, as Senator more choices, let the choices be more tion to Senator MURKOWSKI that deals BRADLEY said yesterday, as he quoted a competitive and all aimed at providing with ensuring that all applicable laws very famous poem, that he has miles to quality service while at the same time would pertain to the Tongass. This is a go before he sleeps. For Senator BRAD- doing it at a better price. So, we have sticking point at this moment. LEY, Senator NUNN, and all of the other to encourage the growth of managed Mr. President, I just come here to ex- Senators who are leaving us—and as I care and have more alternatives for in- press my public wish that we can come said to Senator BRADLEY—I hope you dividuals than we have had in the past. together on this matter because it will not need to take time out for a Those are some of the things that we seems to me that it would be tragic if nap, let alone sleep, because we need need to be looking at. we couldn’t come together when we are the leadership that these great Sen- There are a whole bunch of options so close and we lose over 100 parks be- ators have provided us on both sides of we put forth in our proposal, the cause one Senator felt that the word- the aisle. Chafee-Breaux bill. We are going to be ing didn’t accurately reflect his view. I Mr. NUNN addressed the Chair. revisiting that in the next Congress. really feel that when we negotiate with The PRESIDING OFFICER (Mr. Today, obviously, is not the day or one another—and it is very difficult to GRAMS). The distinguished and honor- time to outline a comprehensive list on do it—that we know that underlying able Senator from Georgia is recog- what we need to do with Medicare. Suf- everything the laws of the United nized. fice it to say that both sides together, States of America will apply to what- Mr. NUNN. I thank the Chair. Democrats and Republicans, have to ever we do. So whether it was stated, Mr. President, I want to say first to realize that this has to be one of our or whether it was stated in writing or the Senator from California that I priorities in the early part of the next not, it should not, it seems to me, be a thank her for her kind remarks. I have Congress. breaking point. thoroughly enjoyed serving with the I would, frankly, like to see the new It has been a very long negotiation. I Senator from California, as well as the President-elect—I hope that it is the still have hope, although I have to say personal friendship that we developed, S12268 CONGRESSIONAL RECORD — SENATE October 3, 1996 particularly since she has been in the The sequencing of legislation, the fil- get asked about 1,000 times a week Senate, but even before in conference ing and adopting of amendments, ad- ‘‘When is the next vote? When are we committees that we had between the vising the Presiding Officer and indi- going to get out? What time do we ad- House and the Senate. vidual Senators of parliamentary pro- journ?’’ Of course, they do not always I enjoyed our affiliation, and I will be cedures, the taking down of every word know, but they always give you a good looking forward to the future years of that is spoken on the Senate floor—as answer and their best assessment. They excellent leadership by the Senator our reporters do so well every day, never fail to cheerfully respond to that from California as I view this great even in the heat of debate—are all es- or any other question even though it body on C–SPAN, and as I watch the sential ingredients of the legislative may have been answered by them 100 to activities and follow the daily events. process on the Senate floor. This proc- 1,000 times a day. Their selfless and f ess could not take place without the dedicated service has made all of our THE PARKS BILL dedicated work of extraordinarily ca- jobs easier. Certainly, it has made pable and talented staff members. mine easier during the entire time I Mr. NUNN. Mr. President, I might Our Democratic floor staff works have been in the Senate. also add that I completely support the under the direction of Marty Paone, I should also note that while not expressed desire and wish of the Sen- the Secretary to the Minority. Marty working with them on a day-to-day ator from California that we pass a stepped into some pretty big shoes basis as we do with our own floor staff, parks bill. when he took over from his predecessor the Republican floor staff under the Interestingly enough, one of my cam- and long-time valuable Senate staff Secretary of the Majority Liz Greene paign commitments is yet uncompleted member, Abby Saffold, but those shoes has always worked with us to resolve since 1972. It is sort of hard to admit fit Marty very well today. Marty’s any problems or issues associated with that it is still outstanding after 24 thorough knowledge of the details of our committee’s work. I must also note years. In that bill is the Chickamauga- the legislative process have made him that Howard Greene was very helpful Chattanooga National Park. That is indispensable to the U.S. Senate. to me on many occasions and to the the site of the famous Civil War battle Marty has always been available to me committee when he served as the Sec- where the road has to be taken out of and to my staff to provide counsel and retary of the Majority. the park because traffic is basically assistance whenever we needed that as- Legislative Clerk Scott Bates and his interfering with the park. This bill has assistant David Tinsley; Bill Clerk the authorization requiring the com- sistance. I especially appreciate Kathie Alvarez and her assistants Mary pletion of that project. Marty’s support in ensuring prompt It is my hope that the Senate, before consideration of the thousands of Anne Clarkson and Danielle Fling; and it adjourns, will help me carry out that nominations that the Armed Services Enrolling Clerk Tom Lundregan and very important campaign commitment Committee reports every year. his assistant Charlene McDevitt are an that has been pending now for 24 years. On the staff of the Democratic leader indispensable part of the legislative So I share the Senator’s sentiments Senator DASCHLE, John Hilley, who left process on the Senate floor. and thank her for her kind remarks. last year to become the Assistant to Mr. President, I frankly do not know f the President for Legislative Affairs; how they do it sometimes, but they are Peter Rouse, Senator DASCHLE’s Chief able to keep track of all the amend- A SPECIAL WORD OF of Staff; Larry Stein and Randy ments on major bills and produce a APPRECIATION TO THE STAFF DeValk have worked very effectively complete Senate bill in a very short Mr. NUNN. Mr. President, as the with the Armed Services Committee time. 104th Congress and my own Senate ca- Members and staff on national security Executive Clerk David Marcos and reer draw to a close today, I want to issues and legislation. his assistant Michelle Haynes keep say a special word of appreciation to Mr. President, I cannot say enough track of thousands of nominations that our terrific floor staff and our support about the excellent day-to-day support the Armed Services Committee and staff for all of their help to the Mem- we have had from Democratic floor other committees of the Senate act on bers and staff of the Armed Services staff of Brad Austin, Gary Myrick, each year. We are deeply indebted to Committee and to me personally dur- Paul Brown, and Kelly Riordan who re- these capable people. ing the past 2 years, and, indeed, dur- cently left the Senate staff. These indi- I also want to express my apprecia- ing my entire Senate career. viduals work under the leadership of tion to the Senate Parliamentarian I chaired the Armed Services Com- our highly capable chief Democratic Bob Dove, and members of his office: mittee for 8 years and was ranking floor assistant, Lula Davis. I believe Alan Frumin, Kevin Kayes, and Sally Democrat on that committee for 2 Lula is in the Chamber now. Lula is Goffinet, as well as their predecessors years before I became the chairman. not only terrific in her leadership role; since I served in the Senate. When I During the last 2 years, I have been the she always has time for a friendly word came to the Senate, Dr. Floyd Riddick ranking Democrat on the committee or often a humorous remark to put our was the Parliamentarian, and he was under Senator THURMOND’s leadership. heavy burdens in the proper perspec- succeeded by Murray Zweben, both of So for 12 years of my Senate career, tive. Lula is even thoughtful enough to whom were excellent and took many, I have worked constantly with the point out when the senior Senator from many hours of time to help junior Sen- floor staff. I observed them before that Georgia is wearing a tie that is ‘‘off ators, like the Senator from Georgia, time. In these last 12 years, I have de- color and out of style’’. Unfortunately, when we first arrived in the Senate. We veloped a very acute understanding and that sometimes occurs every day of the were so desirous and in need of par- appreciation for their splendid service. week. I am grateful for that kind of liamentary advice. All of the Par- A great deal of work in the Senate candid and frank advice from Lula in liamentarian staff have consistently takes place in the Senate committees. her leadership role. That probably is a provided objective and timely answers We know that. But the culmination of little out of the scope of duty, but nev- to the many questions I have had over the completion of legislative process ertheless it is appreciated. the years. I think that is true of other occurs right here on the Senate floor; Managing and passing defense au- Senators and certainly true of our always has, and always will. thorization bills and other legislation staffs as they have sought advice day Our guests in the gallery and the peo- in the Senate becomes more challeng- in and day out. ple who watch television around the ing every year. Lula, Brad, Gary, and Finally, Mr. President, I thank all of country understand—because they Paul are terrific individuals, are great the official reporters of debate that watch and hear the procedures—that staff, and have always been indispen- takes place in the Chamber under the the legislative procedure on the Senate sable in assisting us move our commit- direction of Chief Reporter Ron floor is complicated. It always has tee bills through the Senate. Kavulick and all of the staff members been. Maybe we can make it simpler. It I also want to thank our excellent who have the awesome responsibility of always will be complicated because Democratic cloakroom staff of Leonard producing the verbatim transcript of parliamentary rules in a democracy are Oursler, Christine Krasow, Paul the Senate’s proceedings. Journal complicated. Cloutier, and Brian Griffin. They must Clerks Bill Lackey, Mark Lacovara, October 3, 1996 CONGRESSIONAL RECORD — SENATE S12269 and Patrick Keating, and Daily Digest asked myself the question, ‘‘Would you loss of personal associations goes even Editor Thom Pellikaan and his assist- swap the last 24 years with any of these further than that. I thank my personal ants Linda Sebold and Kim Longsworth people, some of whom are fabulously staff here in Washington and in my Ne- also play a key role in making the wealthy, and most of whom are very fa- braska offices, many of whom have record of all of the activities of the mous?’’ My answer was, ‘‘No, I would been with me for all those 18 years and Senate available to the public. not swap the last 24 years of service in indeed a few who were with me back I am certain that I have left someone the Senate with the service that any when I was Governor of Nebraska. out in this listing of indispensable peo- other person in this country or, indeed, The staff of the Budget, Armed Serv- ple, but certainly I intend to include in the world has rendered.’’ ices, and Commerce Committees all all of the staff in my praise. The words My service in the Senate and my were more of personal relationships that are spoken on the Senate floor service to the people of Georgia has and coworkers than just staff. The and the action that the Senate takes been a very special privilege and cer- same is true of the Cloakroom person- will be preserved for history long after tainly the highest honor of my life. nel who have been so helpful and con- we are gone, thanks to these talented I thank the Chair, and I thank my siderate over the years. individuals who work miracles under colleagues. It has been the opportunity of a life- extraordinary deadlines every day. The PRESIDING OFFICER. The Sen- time to serve in the U.S. Senate which In summary, Mr. President, my final ator from Nebraska. is a collection of talented and dedi- words in this Chamber are simply a f cated individuals. I thank and appre- thank you—a thank you to all the staff ciate all of you and I thank the people ON LEAVING THE U.S. SENATE members who support the day-to-day of the great State of Nebraska for mak- activities on this Senate floor, for their Mr. EXON. Mr. President, this will be ing it possible for me to serve here. dedicated service to the Senate and to my final speech as I conclude 18 years God bless and good luck. our Nation. They, indeed, make this in the U.S. Senate. Measured in length, Thank you, all. All of you have been Republic work. They make the demo- it may be my best in the opinion of great, and I shall always be indebted to cratic system work. Everyone who fol- many of my valued colleagues on both you for your understanding and for lows the work of this great body should sides of the aisle. your help. understand that the Senate could not What will I miss? Not the Washing- Mr. President, I thank the Chair and, function without the tremendous effort ton DC morning traffic, and driving the for the final time, I yield the floor. and professionalism these staff mem- obstacle courses. My Ford Taurus will [EXHIBIT 1] bers provide. get a reprieve from this pot hole cap- [From the Omaha World Herald, Sept. 25, I close by thanking my own personal ital of the world. My pocketbook will 1996] be spared from the $35 a shot in used staff that arrived with me in 1972, and A STEP TOWARD A SAFER WORLD hubcap replacement, experienced 10 those that depart with me in 1996, as Leaders of more than 60 nations have given well as those who will remain and serve times in only the last 2 years. With any the world a fitting symbol of peace and hope in other offices and those who have left luck, the Whitehurst freeway and its to mark the approach of a new century. during the interim. I have had a re- tributaries will be fully operable for 90 On Tuesday, at the United Nations head- markable personal staff. I have had a consecutive days sometime in the 21st quarters in New York, they signed a treaty remarkable Armed Services Committee century. agreeing not to set off nuclear explosions as staff. I thank the staff members of the I leave this place with the confidence a means of testing weapons. The signers in- Armed Services Committee on the that we will continue to build our cluded the main nuclear powers—the United bridges to the future of America on the States, Russia, France, the United Kingdom Democratic side and also on the Repub- and China. Also signing were nations, such lican side who have been so faithful to firm footings of national security pol- as Israel, that either have a covert nuclear their duties. icy. I have labored on the Armed Serv- program or the resources to start a nuclear I have also had a remarkable staff on ices Committee for the past 18 years. weapons program if they wanted to. the Permanent Subcommittee on In- We won the cold war, after spending a President Clinton signed for the United vestigations all of these years. I inher- lot of money, without firing a shot. I States. He wrote his name with a pen used by ited that subcommittee and became suggest that that is the best way to President John Kennedy to sign a limited acting chairman under the guidance of win wars. As the only true superpower nuclear test ban treaty in 1963. The gesture Senator Henry ‘‘Scoop’’ Jackson, one of the world, we have the dual respon- in honor of Kennedy was appropriate. Ken- nedy’s 1963 pact eliminated most open-air of our all-time great Senators. I have sibility of providing for a strong na- nuclear tests, as well as tests underwater been associated with the subcommittee tional defense and, just as important, and in space. Since then, most nuclear test- since about 1976, either as the vice using our statute to lead and promote ing has been conducted underground. The chairman, acting chairman, chairman, peace and understanding, including agreement signed Tuesday adds underground or ranking Democrat on the committee ratification and implementation of tests to the ban, eliminating testing by ex- under Senator ROTH. international agreements. To that end, plosion. It was hailed as a major step toward Mr. President, it has been a real a keen disappointment has been the the elimination of nuclear weapons. pleasure working with all of these staff failure this year to ratify in a timely Certainly it would be premature to assert that the total elimination of nuclear weap- members, and I wish all of them con- fashion the chemical weapons conven- ons is likely, or even practical. India, a po- tinued success in the future. tion. tential nuclear power, refused to sign, which Finally, Mr. President, my colleagues A bright spot has been the signing at is troubling. North Korea and Libya voted in the Senate, I will not name each of the United Nations 10 days or so ago of against the treaty in the United Nations, an you as there are so many Senators who the compenhensive nuclear test ban illustration of the danger that remains when I have been privileged to have been as- treaty. This treaty is one that this law-abiding nations disarm. sociated—like my good friend, Senator Senator has been very much involved Caution is essential, as even a leading proponent of nuclear disarmament has written. WARNER, is in the Chamber and others. with. When I was in New York for that Robert S. McNamara, who was Kennedy’s de- I have served with a number of giants signing event, it was inspiring as a fense secretary, wrote last year that he be- in the annals of Senate history. giant leap for mankind’s survival. An lieves in total disarmanent ‘‘insofar as is I was in a seminar about 2 weekends editional from the Omaha World-Her- practical.’’ With that language, he said, he ago. Some of the most distinguished ald dated September 5, 1996, makes the meant to call attention to ‘‘the necessity of people in the country were gathered to- case very well and I ask that it be maintaining protection against the covert gether, famous authors who had writ- printed in the RECORD immediately fol- acquisition of nuclear weapons by terrorists ten books, playwrights, people who lowing my remarks. or nations violating the nuclear disarmanent succeeded fabulously in business, chief The PRESIDING OFFICER. Without agreements.’’ executive officers in corporations, fa- But it’s a good time to act. The end of the objection, it is so ordered. Cold War and the collapse of communism mous sports figures, including Ray (See Exhibit 1.) have brought about a climate in which sig- Floyd and Jack Nicklaus, great golfers. Mr. EXON. In my retirement I will nificant reductions in force can be I looked around the room, and I was, of surely miss my Senate colleagues on realisitcally considered. Rising affluence course, winding down my career. I both sides of the aisle. However, my tends to act as a brake on warlike behavior. S12270 CONGRESSIONAL RECORD — SENATE October 3, 1996 The spread of democracy has reduced ten- for the defense of the Nation. In the 24 Jersey in this Body. During his career sions. High-speed communications make it years he served on that Committee, as a Senator, BILL has brought many of harder for dictators to maintain the SAM went from a freshman member to the traits he learned on the basketball regimented societies that start was against one of the Nation’s most knowledgable courts, and in the halls of two of the their neighbors. and respected experts on defense mat- Kennedy took a risk in 1963 when he lim- world’s greatest learning institutions, ited the ability of the United States to test ters. In the process, he became the to this Chamber. Without question, he nuclear weapons at the height of the Cold Committee’s Chairman and Ranking is a careful student of the issues that War. The result was one of his greatest ac- Member, and played an important and come before the Senate, and he is al- complishments. It demonstrated that good- influential role in the shaping of Amer- ways a thoughtful contributor to our faith negotiations could make the world ican defense policy during the cold debates. In particular, he is a forceful safer and more secure. A treaty can’t con- War, and post-cold war eras. I have and passionate advocate for matters vert an evil heart into a good one. But it can known no small number of committee that are particularly close to his heart, reduce misunderstandings that sometimes chairmen in my time, and I certainly lead to war. which include economic development, rank SAM NUNN as one of the most able the environment, education, fighting Kennedy’s treaty also laid a foundation of and dedicated men to hold a position of understanding on which further agreements crime, and promoting racial harmony could be negotiated. In 1974, the nuclear pow- such importance and responsibility. and equality. ers outlawed the testing of the largest nu- Mr. President, SAM NUNN is known by Mr. President, despite his popularity, the media, the public, and by his col- clear weapons. In the 1980s, the inventory of Senator BRADLEY has decided not to U.S. and Soviet warheads and delivery sys- leagues in Congress as a seriousminded seek a fourth term in the U.S. Senate. tems was cut back in a series of arms-reduc- individual, who approaches matters be- While we will miss his participation in tion pacts. In the 1990s, the drawdown of war- fore him critically and carefully. Un- the National debate, I am certain that heads continued and the nuclear non- doubtedly, his training as a lawyer and proliferation pact was extended. he will continue to seek ways in which his service as a member of the Georgia to serve New Jersey and the United Yes, the practically of eliminating nuclear House of Representatives, helped pre- States. I join my friends and colleagues weapons may continue to be debated. But it pare him for his duties in the U.S. Sen- shouldn’t be abandoned as a goal. Dramatic in wishing him well in whatever he ate. During his time in this Body, SAM progress has been made in the past three dec- chooses to pursue. NUNN has represented the people of his ades toward making the world less warlike. f More progress can reasonably be assumed, State thoroughly and effectively, and even if it occasionally means taking a cal- he helped to turn the American mili- TRIBUTE TO SENATOR CLAIBORNE culated risk. tary into the finest fighting force that PELL f history has known. I know that come Mr. THURMOND. Mr. President, January, I will miss SAM both as a col- there are certain men and women who TRIBUTE TO SENATOR SAM NUNN league and friend, but I also know that serve in the U.S. Senate who by their Mr. THURMOND. Mr. President, over I am glad he has spent the last 24 years accomplishments or dedication to their the course of the more than 40 years I in the Senate, and I am certain that he constituents, have become stalwarts of will continue to work to influence pub- have spent in the U.S. Senate, I have this institution. Senator CLAIBORNE lic policy and to ensure that the United had the good fortune to serve with a PELL of Rhode Island is one such man. number of people who have gone from States remains the strongest Nation in For the past 36 years, CLAIBORNE being my colleagues to being my the world. PELL has served capably and selflessly friends. Today, I rise to pay tribute to f in this body, working hard to represent one such individual, SAM NUNN, who I TRIBUTE TO SENATOR BILL the interests and concerns of his con- am sad to note is ending his career in BRADLEY stituents. In the process, he has cham- this body at the conclusion of the 104th Mr. THURMOND. Mr. President, per- pioned a number of issues and meas- Congress. haps one of the greatest characteristics ures that have become a regular and It is perhaps only natural that SAM of our form of government is that it en- important part of life in America for would come to be one of my closest courages literally anybody and every- many of our citizens. Among the ac- friends in the Senate, as we have much body to seek elected office. As a result, complishments our colleague is most in common. To begin with, we rep- we have avoided the creation of an proud of are the establishment of PELL resent neighboring States, and almost elite ruling class, and the men and Grants, the National Endowment for immediately after SAM arrived in the women who represent us in public of- the Arts, the National Endowment for Senate, we began working together on fice are individuals of diverse, interest- the Humanities, and the National Law a number of issues that were, and are, ing, and unique backgrounds. Just look Enforcement Officers Memorial. Per- of concern and importance to our con- to the 100 members of this Body and haps more than anything else, though, stituents. From 1972 to almost literally you will find a richly varied collection Senator PELL will be remembered for this day, SAM and I have cooperated on of experience and professions among his commitment to the Foreign Rela- any number of matters, such as the Sa- our colleagues, and Senator BILL BRAD- tions Committee. vannah River Site or Fort Gordon, that LEY has perhaps the most unique back- Given CLAIBORNE’S rich background affect both our States. It would prob- ground of our colleagues. in international affairs, it is not sur- ably be safe to say that for many resi- Though not a native son of the Gar- prising that he should end up as one of dents of South Carolina, SAM NUNN is den State, BILL BRADLEY has been a this Body’s and Nation’s leading ex- like a third Senator to them. Addition- part of New Jersey and the Northeast perts on foreign policy. Following his ally, I served with his great-uncle Carl since his days as a history student at service as an officer in the Coast Guard Vinson, as well as with SAM’s prede- Princeton University. Clearly his time during World War II, CLAIBORNE be- cessor, Richard Russell, both of whom on that campus helped to influence came a member of the Foreign Service, were true legends of the U.S. Senate, as how he would spend his years as an representing American interests in well as great Georgians. Finally, we adult. A star member of the Tigers bas- Czechoslovakia and Italy. Undoubtedly are both veterans, SAM served ably in ketball team, BILL would serve as the this extensive background was most the U.S. Coast Guard and Coast Guard Captain of the 1964 Olympic basketball beneficial to Senator PELL as he car- Reserve, where he helped to protect our team and eventually go on to play pro- ried out his duties on the Committee shores and maritime interests and un- fessional basketball for the New York on Foreign Relations, especially when doubtedly learned the importance of a Knicks for 10 years. BILL’s excellence he became its chairman. modern, well trained, and well was not limited to under the baskets, A small State such as Rhode Island equipped military. his performance as a student earned builds power and prestige through se- Without question, I think the bond him a coveted Rhodes Scholarship to niority, and during his almost four dec- between SAM and I grew strongest dur- the prestigious Oxford University ades in the Senate CLAIBORNE PELL has ing the years we spent together on the where he received a master’s degree. worked tirelessly on behalf of his con- Senate Armed Services Committee, For the past 18 years, BILL BRADLEY stituents. Without question, the where we worked together to provide has ably represented the people of New ‘‘Ocean State’’ has benefitted greatly October 3, 1996 CONGRESSIONAL RECORD — SENATE S12271 from the dedicated service of its senior, and selflessly. He stands as an excel- with us day in and day out. I would and longest serving, Senator. Whoever lent example of the traditions of public like to take a moment to recognize replaces our friend in this Chamber service, and I hope that men and these people and the valuable services will have a challenging task in at- women in Nebraska and throughout they render to us, the U.S. Senate, and tempting to match the commitment the United States will follow the lead the Nation. CLAIBORNE PELL brought to this job. he has set to make America a better This body is all about debate, and the Mr. President, it has been a pleasure and stronger place for all her citizens. chief Parliamentarian, Bob Dove, and to have served with Senator PELL these f his assistants are critical to keeping many years. He is a man of integrity the debate running smoothly. These and ability who has done much to TRIBUTE TO SENATOR DAVID men and women have the unenviable make our Nation a better and stronger PRYOR responsibility of interpreting the ex- place. I wish him great health and Mr. THURMOND. Mr. President, on haustive and sometimes confusing much happiness in the years to come. the nights when the Senate remains in rules of the Senate. Without question, f session well past when most others anyone who has sat in the President’s have gone to bed, when tempers are Chair and presided over the Senate has TRIBUTE TO SENATOR JAMES short and most Members are frustrated been grateful for the assistance of EXON that we have not made more progress, these men and women when proceed- Mr. THURMOND. Mr. President, I those are the times when a sense of ings are suddenly bogged down in a doubt that one can get any closer to humor really comes in handy. One col- tangled web of motions, the ‘‘Heartland of America’’ than Ne- league who consistently manages to countermotions, amendments, and ob- braska, a State which lies in the mid- find a bright spot when others only jections. Somehow or another, the Par- dle of the Nation and is known for its seem gloom, and who is able to find a liamentarians are always able to sort plain talking, and well grounded peo- humor in almost any situation, is our things out and keep everything back on track. ple. One man who has exemplified friend from Arkansas, DAVID PRYOR. Each year thousands of people visit those characteristics during his long DAVID has capably represented the the Senate to observe their representa- and distinguished career in the U.S. people of Arkansas as their Governor, tives at work. After getting a taste of Senate is JIM EXON, who is retiring this and in both Houses of Congress. His ca- what are often dry, and somewhat year and returning home to the reer in our Nation’s Capitol began in technical discussions, they leave here Cornhusker State. 1966 when he was first elected to the to tour and enjoy the Smithsonian, the JIM is of the generation of Americans House of Representatives, and where he National Galleries of Art, or one of the who are veterans of World War II, indi- served in four Congresses. In 1979, he many monuments around town. The viduals who understand and honor the moved across the Hill to the Senate Reporters of the Senate, however, are notions of public service, sacrifice, and where he is about to complete his third unable to walk away from this Cham- patriotism. To men of Senator EXON’s term in office. Through his position on ber no matter how tedious debate gets. generation, there is no problem that several key committees, DAVID has These men and women spend long cannot be solved by rolling up one’s been able to work to make Arkansas an hours on their feet, faithfully and accu- sleeves, and sitting down and working even better place to live, and I know rately keeping a transcript of the pro- together toward a resolution. In his his constituents are thankful for his ef- ceedings of this body. These detailed three terms in the Senate, he repeat- forts. notes are transcribed and printed in edly demonstrated his commitment to Though DAVID and I did not share the CONGRESSIONAL RECORD in the mat- keeping America strong, helping our any committee assignments, I have enter of less than 24 hours, a truly im- Nation’s farmers, and ensuring that joyed serving with him in the Senate pressive feat. Without question, the our rural citizens had a voice in Con- these many years. The ‘‘Sheriff’’, as I men and women who work for chief regress. liked to call him as his father held that porter Ron Kavulick are truly worthy Nebraskans have been well served by office in Arkansas, always approached of commendation for their seemingly this Senator during the past 18 years, his duties with enthusiasm and dedica- boundless levels of energy, and their because he was well prepared for the tion, and he upheld the finest tradi- unfaltering commitment to accuracy. responsibilities and demands of the tions of this institution. DAVID is truly As each of us knows, the responsibil- U.S. Senate. A veteran, JIM’s military a gentleman of the South, and I know ities of a Senator are not limited to experience taught him how to be that he will be missed by his many this floor. We have committee meet- tough, self-resilient, and achieve goals friends here in the Senate. ings and hearings, leadership meetings, and objectives. As a businessman, JIM Mr. President, given the great num- appointments with constituents, and learned the importance of meeting a ber of successes Senator PRYOR has en- many other matters which command payroll and operating without undue joyed throughout his life, I am certain our attention. Still, when it comes interference from the Government. As that fate will again smile upon him in time for a vote, our place is here. The the Governor of Nebraska, he combined his career following the Senate. I wish men and women in the Republican and his military and business experiences good health and happiness in the years Democratic Cloakrooms are largely re- to be one of that State’s most success- to come and am grateful for having had sponsible for helping us keep track of ful chief executives, earning two terms the opportunity to serve with him. when measures are coming up, how in that office, which was followed by f much debate time has been allocated his election to the U.S. Senate in 1978. by the leadership, and when we need to For the past eighteen years, I have TRIBUTE TO SENATE SUPPORT be in the Chamber for votes. Our lives had the pleasure of serving with JIM on STAFF would be much more hectic if it were the Senate Armed Services Committee. Mr. THURMOND. Mr. President, not for the helpful service of the Cloak- In his capacity as a member of that when one thinks of the U.S. Senate, room personnel and I know that I Committee, JIM has worked hard to most visualize this Chamber and the speak for all the Members on this side help provide for the defense of the 100 Members as the greatest delibera- of the aisle when I say that Hilary United States, and to ensure that our tive body in the world. To those of us Newlin; Laura Martin; Brad Holsclaw; men and women in uniform have the who serve here though, we know that Michael Smythers; and Dave Schiappa resources they need to do their jobs, the Senate actually goes well beyond all make our lives a little more orga- and to meet any threat, anywhere. the floor and galleries found within nized and we greatly appreciate their Without question, his experiences as a these four walls and two stories of the efforts. The secretary for the majority, soldier and non-commissioned officer Capitol. Elizabeth Greene, and her assistant, in the World War II Pacific Theater One of the best kept secrets of the John Doney, can be proud of their certainly helped to shape how he ap- Senate are the people who work here cloakroom staff. proached making defense policy. and support our efforts in making the The two people who have been tasked Mr. President, Senator JIM EXON has law. Especially critical to that process with much of the physical and adminis- served his State and Nation admirably are a number of individuals who work trative matters of the Senate for most S12272 CONGRESSIONAL RECORD — SENATE October 3, 1996 of the 104th Congress were Secretary of both had seats on the Judiciary and Such are the ties on which my friend- the Senate Kelly Johnston, and Ser- Labor and Human Resources Commit- ship with the senior Senator from Wyo- geant at Arms Howard Greene. These tees. ming [Mr. SIMPSON] has been based. individuals labored largely anony- I commend Senator SIMON for his The initial tie was through his father, mously, and certainly with little willingness to listen to debate with an our former colleague, Milward L. Simp- thanks for their efforts; but without open mind, and for having the resolve son, who in his early years—probably their contributions, we would not have to reach an agreement that is in the while he was a student at Harvard Law had the many excellent and important best interest of our Nation. I have en- School in the 1920’s—earned high re- services that their offices provide to joyed working with my friend from Illi- pute as a tutor. And among the stu- us. Of course, two new people fill these nois through the years, and the Senate dents he tutored with great effective- positions, Gary Sisco as Secretary of will not be the same without him. Un- ness, were the children of my uncle, the Senate, and Greg Casey as Ser- questionably, PAUL has capably served Clarence Pell. So I feel that my friend- geant at Arms. We welcome these men his constituents throughout his tenure, ship with Senator ALAN SIMPSON began to the Senate and wish them great suc- and I wish him and his family much long ago with this family association. cess in their careers. success and happiness in the future. ALAN SIMPSON brought to his work On a more personal note, as most of f here in the Senate rare attributes of my colleagues probably already know, grace and good humor—qualities which TRIBUTE TO SENATOR BRADLEY I have long been an enthusiastic sup- help immeasurably in facilitating the porter of the Senate Page Program. Mr. PELL. Mr. President, I would often contentious and trying process of Bringing young men and women to like to pay tribute today to the senior political accommodation. To my mind, Washington to witness and participate Senator from New Jersey [Mr. BRAD- these qualities of mind and spirit, in the legislative branch of Govern- LEY], who announced last year that he which do so much to promote comity ment is not only educational, but will would not seek reelection but that he and civility, are almost as important hopefully encourage these students to would remain active in public life. as the substance of the great good aspire to posts in public service. It is Blessed with both great academic and work that ALAN SIMPSON has done in important to both good government, athletic gifts, BILL BRADLEY graduated the fields of immigration reform, vet- and the continued well-being of the Re- from my alma mater, Princeton Uni- erans affairs, and entitlement reform. public, that bright, energetic, and con- versity, with honors in American his- Indeed, his success as a legislator is at- cerned individuals get involved in pub- tory. He won a rhodes scholarship to tributable in no small measure to the lic policy and governing the Nation. I Oxford University, where he earned his refreshing traits of character which he am confident that the Senate Page graduate degree after studying politics, brought to the effort. Most important Program will serve as a catalyst for philosophy, and economics. He was best of all is his wonderful sense of humor— some of tomorrow’s leaders. known to many, before he came to the a quality often lacking in this body. Mr. President, I know that there are Senate, as a basketball player of tre- I value my association with ALAN literally thousands of people who make mendous skill and talent. and Ann SIMPSON over the years and important contributions to the effi- During his career in the Senate, four wish them well in all that lies ahead. cient operation of the U.S. Senate and principles have guided BILL BRADLEY. f I hope that they will not be offended He has sought to restore economic and that I have not recognized them per- personal security for American fami- THE 104TH CONGRESS sonally. They may rest assured, how- lies, strengthen our civil society, pro- Mr. PELL. Mr. President, the 104th ever, that we very much appreciate tect our natural heritage and rethink Congress certainly ended far better their hard work. America’s role in the world. He has than it began. A year ago, I truly f worked toward these goals on the Sen- feared that the major accomplishments ate Finance Committee, the Energy of my 36 years in the Senate were RETIREMENT OF SENATOR PAUL and Natural Resources Committee and about to be jettisoned by the extreme SIMON the Special Committee on Aging. agenda of the new majority. Now, as Mr. THURMOND. Mr. President, per- Others may focus on his contribu- the Congress draws to a close, the out- haps one of the greatest hallmarks of tions in the fields of economics and look is considerably brighter, thanks the U.S. Senate is the civility of the in- taxes, but I believe he BILL BRADLEY in great measure to President Clinton’s stitution. Though the 100 Members of has been particularly effective in build- determined resistance to an unreason- this body have views on the issues that ing bridges between peoples and spread- able dismantlement of progressive gov- are often far apart, we debate our dif- ing the values of democracy—methods ernment. I am immensely pleased, in ferences politely and completely, and which I also consider the best ways of particular, that the tide was turned on more often than not, are able to arrive building lasting security and peace. education and that we actually wound at a compromise that benefits the ma- BILL BRADLEY wrote the 1992 Free- up with a 12 percent increase in Fed- jority of Americans. One Senator in dom Exchange Act, the largest U.S. eral funding. particular has repeatedly demonstrated educational exchange initiative in his- To be sure, there have been some dis- himself to be an individual of great de- tory. I understand that more than appointments, notable among them the cency and courtesy. This Senator is my 10,000 ‘‘Bradley kids’’ have come here failure to ratify the Chemical Weapons good friend from Illinois, PAUL SIMON. from the former Soviet Union to study and Law of the Sea Treaties. And we Senator SIMON has dedicated his and absorb our culture and the lessons should not lose sight of the fact that adult life to public service. Beginning for freedom, democracy and a market there is still momentum toward cur- with a stint in the U.S. Army in the economy. tailment of many programs of great early fifties, and soon after his return The Senate will miss him and his merit. I fervently hope that the coming to civilian life, he was elected to the Il- spirit of independence. I am confident election will produce a Congress that linois house in 1954, and then to the Il- that, although he is retiring, he will will be more moderate in outlook and linois senate in 1962. After his service not be out of public life. Whatever he further redress the balance toward pro- in the legislature, PAUL SIMON was and his family do, I trust that it will be gressive government. elected to the U.S. House of Represent- as exciting and rewarding. The Senate, f atives, where he served for 10 years, however, will truly miss him. TRIBUTE TO SENATOR CLAIBORNE and played an important role in legis- f lation concerning education, job train- PELL ing, and was instrumental in the estab- TRIBUTE TO SENATOR SIMPSON Mr. PRESSLER. Mr. President, the lishment of the National Center for Mr. PELL. Mr. President, the ties Senate soon will bid farewell to one of Missing and Exploited Children. that bind us together here often tran- its most legendary Members—the sen- Since PAUL came to the Senate in scend party identity and the affairs of ior Senator from Rhode Island, CLAI- 1984, we have worked together on many the day, and they frequently span ex- BORNE PELL. I have had the distinct legislative initiatives, especially as we panses of time and space. privilege of working with Senator PELL October 3, 1996 CONGRESSIONAL RECORD — SENATE S12273 over the years on issues ranging from and I have had Senator PELL in our Jersey and I have worked together on a college student loans to United Nations prayers. He will continue to be. number of issues and we have been on reform. We will miss the compassionate lead- opposite sides on many others. He has Senator CLAIBORNE PELL entered the ership of Senator CLAIBORNE PELL. taken strong stands on the environ- Senate in 1960. His stature in Rhode Is- Most important, we will miss his ment, civil rights, and health care. land politics perhaps was best summa- friendship. CLAIBORNE PELL can leave When BILL BRADLEY speaks on any rized by the Almanac of American Poli- the Senate knowing that he has given issue, whether I agree or disagree with tics, which called him an ‘‘iron fist in our Nation a legislative legacy of the him, his words are well thought and his a velvet glove.’’ His political strength highest order, one that will be arguments are well formulated. There perhaps was no better demonstrated unrivaled for years to come. I wish my is no question that he is a man of than when he was first elected to the friend from Rhode Island the very best ideas, a man committed to examining Senate. In the Democratic primary for for many years to come. the major problems of our Nation, pro- the Senate seat, he defeated the cur- f posing solutions, and working to get rent sitting Governor at that time, as them accomplished. That is the stuff of TRIBUTE TO BILL BRADLEY well as a former Governor and Senator. leadership. My good friend and soon to be Senior Mr. PRESSLER. Mr. President, I Senator BRADLEY has become a key Senator from Rhode Island, JOHN want to take a moment to pay tribute player in our Nation’s political dia- CHAFEE—a former State chief executive to one of my colleagues and Senate logue. Indeed, he is a person to whom himself—knows well the formidable po- classmates who is leaving the Senate many of us in the Senate like to go to litical strength of his colleague, having very soon—my friend from New Jersey, for his thoughts and his perspectives once tried to unseat Senator PELL in Senator BILL BRADLEY. on any issue, ranging from the tax code 1972, only to come up short. Senator BRADLEY entered the Senate to the NBA playoffs. That is why we At the beginning of this Congress, I the same year I did—1979. The roads should all be pleased that, although gave up my seat on the Foreign Rela- BILL and I traveled to get to the Sen- BILL BRADLEY may leave the Senate, tions Committee so that I could serve ate had some similarities, but mainly he has made clear he intends to remain my State of South Dakota on the Fi- vast differences. My journey to the on the public stage. nance Committee. It is safe to say I Senate weaved through my hometown I have enjoyed serving in the Senate miss being on that Committee, in part of Humboldt to Oxford to Harvard Yard with my friend from New Jersey. I par- because I enjoyed so much working and, ultimately, to the House of Rep- ticularly enjoyed serving with him with my friend from Rhode Island. His resentatives. BILL BRADLEY’s began in these past two years on the Finance stewardship of that Committee as Crystal City, MO, where his father was Committee. I will miss him. I certainly Chairman for 8 years was masterful. He a banker. BILL BRADLEY also was a hope he takes advantage of the privi- chaired the Committee with quiet but Rhodes Scholar, but before that, he leges afforded to former members and firm strength. Perhaps his greatest leg- went to Princeton University, where he visits the Senate as often as possible. I islative achievement during that time re-wrote both the NCAA and the Ivy wish him nothing but the very best as was the State Department Authoriza- League recordbooks as a basketball he embarks on the next chapter of tion bill that became law in 1994. As player. BILL BRADLEY’s exploits on the what is already a legendary life and ca- the ranking member of the Inter- hardwood at Princeton are the stuff of reer. One can call Senator BRADLEY national Operations Subcommittee, I sports legend. I remember well his sen- many things—basketball player, worked closely with then Chairman ior season, when he led the Princeton Rhodes scholar, tax reformer, and PELL and the Subcommittee Chair, Tigers to the NCAA Final Four. United States Senator. I am proud to Senator KERRY of Massachusetts, to Though the Tigers came up short, he call BILL BRADLEY my friend. produce a sound, bipartisan bill. This set a tournament scoring record and f legislation made significant strides to was named the tournament’s most val- streamline the State Department bu- uable player. TRIBUTE TO SENATOR SAM reaucracy. It also set us on a course to Of course, BILL BRADLEY continued NUNN—GEORGIA’S SENIOR SEN- reform the United Nations, and made to be a standout basketball player on a ATOR significant improvements in our Na- professional level for 10 years with the Mr. PRESSLER. Mr. President, as tion’s nonproliferation laws. New York Knicks. He helped the New the 104th Congress draws to a close, I Senator PELL’s inspirational com- York Knicks win the NBA world cham- would like to take a moment to bid mitment to world peace is exceeded pionship. Not long after he retired from farewell to my many good friends who only by his strong dedication to the professional basketball, Senator BRAD- today will cast their final votes in the cause of education in this country. In LEY sought to be a standout in the po- United States Senate. Prominent 1972, Senator PELL shepherded to pas- litical world. Yet again, he succeeded. among these departing leaders is the sage legislation that established the Senator BRADLEY must be feeling a great Senator from Georgia—Senator Basic Education Opportunity Grants strange sense of deja vous to hear SAM NUNN. As a fellow farmer, I have Program—a college aid program for many of his colleagues on both sides of an inherent respect for Senator NUNN. economically disadvantaged college the aisle calling for a simpler tax code. His leadership and tenacity—so often students. Today, we know them as Pell In 1982, our friend from New Jersey put demonstrated from his desk across the Grants. Nearly 25 years after their cre- forward his ‘‘Fair Tax’’ plan. He con- aisle—have time and again earned him ation, Pell Grants represent a beacon tinued to advocate a restructuring of the admiration of the members of this of hope for young people who desire to the tax code, and in 1986, his tenacious body and his constituents. His years of attend college but lack the resources efforts paid off. The 1986 tax plan rep- service to his country and state will be to attend. This Congress has shown its resented the most radical restructuring remembered forever. firm commitment to the Pell Grant of the tax code in more than a genera- Senator NUNN has dedicated much of program. Indeed, Pell Grants are now tion. It is safe to say that this would his life to ensuring that United States at their highest level in the program’s not have occurred without Senator defense capabilities remain the strong- history. BRADLEY’s legislative and leadership est in the world. A native of the area in The people of Rhode Island have nu- skills. It was Senator BRADLEY that Georgia where General Sherman’s merous reasons to be proud of their who as the bridge between the compet- troops once rallied, his patriotism may senior senator. His entire life has been ing House and Senate tax proposals, be attributed in part to a long blood- devoted to public service—from mem- with the final plan bearing a great deal line of military and Congressional bership in the Coast Guard to memberof similarity to Senator BRADLEY’s 1982 service. In his roles as Chairman and ship in the U.S. Senate. As we all plan. Ranking Member of the Armed Serv- know, our dear friend faces his greatest The 1986 tax reform plan dem- ices Committee, he consistently has challenge to date—battling Parkin- onstrated that when Senator BRADLEY fought to make certain our country son’s disease. Since he made this an- takes on an issue, he does so with firm has the most advanced military weap- nouncement last year, my wife Harriet determination. My friend from New onry in the world. His efforts have S12274 CONGRESSIONAL RECORD — SENATE October 3, 1996 helped ready our country to meet near- States ratify the amendment, this Na- bated this topic quite extensively. ly any military challenge. tion will owe a big thank you to our While he and I disagree on the best Mr. President, as I look across the friend from Illinois. course of action our Nation should room, I am reminded that another The fight for a balanced budget take to slow weapons-building pro- Georgian soon will be assigned the desk amendment symbolizes the kind of grams in South Asia, I do not question that Senator NUNN has occupied for commitment and determination Sen- for a second his efforts to promote nearly one-quarter of a century. With- ator SIMON possesses as a legislator. I peace in this unstable region of the out a doubt, his desk will be difficult to always enjoyed being on the same side world. fill, but I am sure Senator NUNN, in his of an issue with my friend from Illi- As fellow Vietnam veteran, Senator wisdom and knowledge of this body, nois. I knew my chances of success BROWN and I have shared a special per- will do everything possible to guide were much improved if he was involved sonal involvement in preserving and Georgia’s new Senator. As we prepare in any legislative effort I participated protecting the interests of our veter- to leave our Nation’s Capital and rein. Conversely, I knew I had my work ans. He has done an outstanding job as turn to our respective districts, my cut out for me when we were on oppo- a member of the Veterans Affairs Com- wife Harriet and I wish SAM NUNN and site sides of an issue. mittee. He has dedicated hours of serv- his lovely wife Colleen, the very best Senator SIMON was a champion of ice to making certain that veterans for the future. Something tells me that many causes—literacy, college student programs meet each and every need of the Senator from Georgia will continue loans, limitations on television vio- those who served bravely in our Armed to be a central figure in formulating lence, just to name a few. We both Forces. our national security and foreign poli- served together as members of the For- Finally, Senator BROWN has been a cies. It would be a mistake not to tap eign Relations and Judiciary Commit- tenacious advocate in congressional ef- into SAM NUNN’s knowledge, experience tees. On Foreign Relations, he took a forts to balance the bloated Federal and leadership. God bless SAM NUNN as strong interest in the African con- budget. He has been a prominent mem- he embarks on interesting new chal- tinent. Indeed, in 1993, I sought his ad- ber of the Senate Budget Committee, lenges. vice and perspectives before I made my and knows the vital importance of end- f trip to Africa to promote South Da- ing years of wasteful Government kota agriculture. spending. He understands how nec- TRIBUTE TO SENATOR PAUL There are so many things that can be essary it is for us to put the Govern- SIMON said about Senator PAUL SIMON. He is ment’s fiscal house in order. HANK Mr. PRESSLER. Mr. President, I an extraordinary man who has led an BROWN has risen to the fiscal chal- would like to take a moment to pay extraordinary life. What I will miss lenges placed before him on the Budget tribute to my good friend from Illinois, most however is his warmth and his Committee and has fought hard to pro- PAUL SIMON. Senator SIMON will leave kindness. If the Senate had an unoffi- tect Americans’ hard-earned incomes. the Senate very soon, and I must con- cial ambassador of goodwill, it was the I will miss my friend and colleague fess that I will miss him. He is an out- senior Senator from Illinois. Senator from Colorado—his hard work, his good standing legislator, and skillful writer, SIMON regularly held open meetings in humor, and his friendship. During his and most important, a kind friend to his office and had time for everyone term in office, HANK BROWN has dem- me and my wife Harriet. who came to visit. That’s the kind of onstrated a sincere devotion to the Throughout his life, Senator SIMON Senator, the kind of man PAUL SIMON people of his home State of Colorado. has found success as a writer and edi- is. Senator SIMON is an extraordinary He is a hard-working, commonsense tor. He is a prolific writer, and the au- individual, and a good friend. Harriet public servant, dedicated to the people thor of many books, including perhaps and I wish he and his lovely wife he represents. We in the Senate will the most comprehensive biography of Jeanne nothing but the best. miss his willingness to listen to differ- Abraham Lincoln as a young legislator. f ing views and to work together to cut The connection between these two Illi- through Government gridlock. I wish TRIBUTE TO SENATOR HANK nois favorite sons past and present my friend HANK and his wife Nan all BROWN doesn’t end there. Both Abraham Lin- the best. coln and PAUL SIMON began their polit- Mr. PRESSLER. Mr. President, I f ical careers in the Illinois legislature, would like to take a moment to pay and both at about the same time in tribute to my friend from Colorado, TRIBUTE TO SENATOR NANCY their lives. Both built a reputation of Senator HANK BROWN. He and his lovely KASSEBAUM honesty and forthrightness. Both sport- wife Nan have been good friends to me Mr. PRESSLER. Mr. President, ed bow ties. Where the careers diverged and Harriet. HANK BROWN is both wor- today I pay tribute to my friend and is somewhat ironic. Senator SIMON thy ally and worthy adversary. Over colleague, Senator NANCY KASSEBAUM, holds the very Senate seat unsuccess- the years, I have worked with my on her retirement from the U.S. Sen- fully sought by Abraham Lincoln in his friend from Colorado on several issues ate. It is not easy for me to bid her famous battle with Stephen Douglas in of mutual interest. I remember well farewell. I sincerely will miss her pres- 1858. Yet, Abraham Lincoln of course the battles we have fought together ence in this body. Nancy and I have won the presidency in 1860, an office and the times when we honorably have served together since 1979, when we Senator SIMON unsuccessfully sought disagreed. both came to this body. Since then, we in 1988. I remember one disagreement in par- have shared and fought for the same Certainly, there’s much more to Sen- ticular. During my efforts in support of traditional midwestern ideals and val- ator SIMON’s career than his our South Dakota honey program, Sen- ues. Working together, we have suc- similarities with our Nation’s greatest ator BROWN was relentless to end Fed- ceeded in ensuring that our States get President. Much more. Senator SIMON eral funding for the program. Yet, in their fair share of Federal funding. She has been his party’s most outspoken his effort to end honey price supports, understands the unique needs of rural crusader for a balanced budget amend- he still was willing to listen to my America. Few have shown her deep ment to the Constitution. I am proud side. He even took the time to sit down commitment to the interests of Kansas to have been an original cosponsor of to visit with honey producers from and the midwest. his balanced budget amendment. He South Dakota. He listened to their con- It has been a great privilege for me worked very, very hard to get his cerns. I always will be grateful for to work with Senator KASSEBAUM. She amendment passed. We came so close that. has been an inspiration to me and last year—just one vote short. He can That is not the only time Senator countless others. Her hard work and be very certain that we will work hard BROWN and I have agreed to disagree. dedication to this body and to the peo- to resume the fight next year. I am More than once, we have sparred over ple she represents in Kansas are un- confident that we will pass a balanced nuclear nonproliferation issues in precedented. budget amendment. And when we do, South Asia. Senator BROWN and I trav- During our years together on the and when the required number of elled to South Asia together and de- Senate Foreign Relations Committee, I October 3, 1996 CONGRESSIONAL RECORD — SENATE S12275 developed a deep respect for NANCY’S and colleague, Senator SHEILA FRAHM, town in the middle of western South convictions and her commitment to for her outstanding service to the peo- Dakota with less than 300 residents. aiding people in lesser-developed areas ple of Kansas. As a former Kansas When the C&NW announced its aban- of the world. As both Chair and rank- State Senator and Lieutenant Gov- donment plans, Midland and other ing member of the Subcommittee on ernor, SHEILA FRAHM has served her communities along the rail line were African Affairs, Senator KASSEBAUM country and State with pride. devastated, as were all the farmers and has shown compassion, tempered with Senator FRAHM has a long and distin- ranchers who depended on the railroad pragmatism, in dealing with the unique guished record of public service. She to ship their grain to market. issues of war-torn, famine-ravaged sub- served as a member of the Kansas The prospects for blocking the aban- Saharan Africa. Her expertise on issues Board of Education, a Kansas State donment looked bleak at the time. affecting this area of the globe is un- Senator, and was Kansas’ first woman Back then, rail consolidation was the equaled in the Senate. Senate Majority Leader. She also was norm throughout the Nation. All Senator KASSEBAUM’s expertise does the first woman in Kansas history to be across the country, one rail line after not end there. She also knows the elected Lieutenant Governor. As Lieu- another was being abandoned. Thus, United Nations inside and out. She has tenant Governor, SHEILA FRAHM served given the climate of the times, few peo- dedicated much of her time to reform- as a member of the Governor’s Cabinet ple held out much hope when the ing the waste, fraud, and abuse that is and as Secretary of Administration, C&NW announced its intent to abandon rampant within the UN. Frankly, she running the day-to-day operations of the 164-mile line from Rapid City to spearheaded increased congressional the Kansas State government. Fort Pierre. Some people even said oversight of the UN. The Kassebaum Mr. President, in a matter of weeks, there was no point in fighting the Amendment withheld 20 percent of reg- SHEILA FRAHM’s life changed dras- abandonment because the railroads al- ular budget assessments beginning in tically. She gracefully moved into the ways got their way with the Interstate fiscal year 1987, in an effort to make Senate seat of one of the living legends Commerce Commission [ICC]. Gust Larson was not one of those UN budget voting proportional to coun- of American political history, Bob people. Gust is a fighter, and he was try assessments. A host of UN account- Dole. Senator FRAHM has demonstrated not about to give up his and his fellow ing and budgetary assessment reforms time and time again that she can rise South Dakotans only rail link to the have followed in the wake of this to any occasion. She did so yet again outside world without a fight. Gust amendment. here in the Senate. knew the rail line would certainly be Senator KASSEBAUM also is a cham- As a member of the Committee on abandoned if nothing was done. He pion of education. She has worked tire- Armed Services and the Committee on could not stand by and lose the only lessly to secure increased funding for Banking, Housing, and Urban Affairs, rail link to the grain market terminals student financial aid and to reorganize Senator FRAHM played a vital role in to the east and down south to the Gulf the Jobs Corps program. As Chair of moving legislation during the final of Mexico. Loss of this line would re- the Labor and Human Resources Com- months of the 104th Congress. Senator sult in higher costs for western South mittee, Senator KASSEBAUM also must FRAHM also came to the Senate at a Dakota grain producers in shipping be given credit for shepherding the Re- time to help pass historic legislation, their grain to market. publican workfare plan through Con- including workfare, health care and il- I shared Gust’s concerns. The so- gress. Because of her steadfast deter- legal immigration reform. In a few called political experts at the time ad- mination, we finally passed real wel- short months she has voted to pass the vised me to keep a low profile. They fare reform—reform that will end the kind of legislation many of her col- urged me not to get involved. Fighting failed ‘‘free lunch’’ approach to welfare leagues have waited years to address. the abandonment was seen as a lost and will bring aid to those who need it SHEILA FRAHM has earned the respect cause. Well, I grew up believing that most. She is a tough, commonsense re- and admiration of her colleagues, her lost causes sometimes were the ones former, whose tenacity and calm re- staff, and her constituents. worth fighting for. And, like Gust, I solve will never be forgotten nor easily We will soon bid farewell to our col- would not stand idly by and let the replaced. league from Kansas—Senator FRAHM. C&NW abandon this important line. So, Finally, perhaps her crowning My wife Harriet and I wish Senator ignoring the advice of the naysayers, I achievement of this Congress was pas- FRAHM, her husband Kenneth, and their joined Gust Larson’s lost cause to save sage this year of commonsense health three daughters, the very best. I am the rail line. care reform. Thanks to the Senator proud to have served in the 104th Con- A shippers group called the Western from Kansas, working Americans need gress with Senator FRAHM. Her valu- South Dakota Railway Users Associa- not fear the loss of their health insur- able contributions to the Senate will tion was formed, and Gust agreed to ance policies when they change jobs or not be forgotten. serve as chairman. Some scoffed and because of a pre-existing condition. f said we were tilting at windmills in Thanks to the Senator from Kansas, SALUTE TO GUST LARSON challenging a huge corporation like the self-employed will be able to de- C&NW with all its financial resources duct a greater portion of their health Mr. PRESSLER. Mr. President, I and attorneys. Skeptics pointed out insurance costs from their Federal tax would like to take a moment today to that the C&NW had filed several other liability. These represent real and posi- pay tribute to a great South Dakotan— abandonment petitions across the tive health care reforms. Gust Larson of Midland. Gust is a ‘‘salt country, and all of them had been ap- As the 104th Congress draws to a of the Earth’’ individual whose feet are proved by the ICC. Why would our line close, I wish my friend, Nancy KASSE- planted firmly in the real world. Gust be any different? BAUM, the very best as she embarks on is truly one of South Dakota’s unsung Despite these tremendous odds, we new interests in her home state of Kan- heroes. He deserves to be recognized for decided to take on the railroad. Gust sas and elsewhere. Her career in Wash- his leadership in helping to preserve and his fellow rail users held countless ington has been distinguished. Her pub- rail service across South Dakota. I was telephone conversations and meetings lic service to her State and Nation are privileged to work with Gust Larson with my office to formulate strategy unrivaled in terms of results. Senator several years ago on this issue. My as- and develop a plan of action. NANCY KASSEBAUM will be remembered sociation with Gust consists of some of Frankly, I suspect that C&NW cor- as a first-class public official. I wish the most productive and enjoyable porate officials who handled abandon- her all the best now and in the many work I have done as a United States ment petitions on a regular basis didn’t years to come. Senator for South Dakota. take Gust Larson and his small band of f I first met Gust in the early 1980’s rail users very seriously. After all, the when the Chicago & Northwestern C&NW was successful in other aban- TRIBUTE TO SHEILA FRAHM, U.S. Railroad [C&NW] filed for abandon- donment requests, and all certainly in- SENATOR FROM KANSAS ment of the only east-west rail line volved the usual protests from people Mr. PRESSLER. Mr. President, I across South Dakota. Gust owned the like Gust Larson. Well, the C&NW at- would like to pay tribute to my friend local grain elevator in Midland, a small torneys and executives were in for a S12276 CONGRESSIONAL RECORD — SENATE October 3, 1996 surprise. They had never encountered TRIBUTE TO RETIRING SENATORS Senator BILL COHEN and I came to someone like Gust Larson before. Mr. PRYOR. Mr. President, when the the Senate in 1978 and I have greatly I requested that the ICC send an ad- 105th Congress meets for the first time enjoyed working with him over the ministrative law judge to hold a formal early next year, this Chamber will have years. In addition to being an effective field hearing in South Dakota. At the many new faces. This is partly because Senator and a true champion for his State of Maine, Senator COHEN also ICC hearing in Philip in September of 13 of us, including myself, will leave found the time to author eight books. 1983, Gust Larson and others empha- this body to pursue other goals and I have served with BILL COHEN on the sized to ICC Administrative Law Judge ambitions. I rise today to pay a special tribute to those of my colleagues who Governmental Affairs Committee and Edward McGrail the importance of pre- he has been a reliable ally in the strug- serving this important rail line. Much will retire from the U.S. Senate at the end of this term. gle to reform our government’s pro- to the surprise of the naysayers and curement practices. Too many people the C&NW, Judge McGrail issued a rul- Mr. President, it has been my pleasure to work with my distinguished col- think that our work is done here in the ing against the railroad’s abandonment Congress when we pass appropriations league from New Jersey, Senator BILL request. bills. Senator COHEN is among a small BRADLEY, since 1978. We arrived to- As expected, the C&NW appealed gether, and together we depart. group of Senators who realizes that the Judge McGrail’s decision to the ICC. Senator BRADLEY’s respect for the oversight process is just as important After intensive efforts, we convinced opinions of his colleagues and thought- as approving the money. the Commission to let stand the ful demeanor have made him one of the Mr. President, the Senate will cer- judge’s decision. Although Gust and true gentlemen of the Senate. I have tainly miss the insights and energy of Senator BILL COHEN. the rest of us were very pleased by the enjoyed working with him on the Com- Mr. President, the senior Senator Commission’s action, we knew the bat- mittee on Finance and the Special from Nebraska, JAMES EXON, is another tle was not over. We knew the C&NW Committee on Aging. He has been a could come back and file a new aban- of my colleagues who has decided not leader on tax reform, environmental to seek another term in the U.S. Sen- donment request, which would mean protection, and violence prevention. ate. I know that Senator EXON’s retire- the battle would start all over again. Senator BRADLEY established himself ment will cast a shadow over the great as a progressive leader in tax reform by If the C&NW truly was not interested State of Nebraska and this body. proposing the Fair Tax Act in 1982. in operating the line, it could refuse to Senator EXON’s friendship has been perform much-needed maintenance That later became the Tax Reform Act extremely important to me during my work on the line. This would lead to a of 1986. This act closed most of the time as a member of the Senate. I will gradual deterioration of the line’s con- loopholes that had created unfair and miss him as we continue with the next dition and ultimately a degradation of unbalanced tax burdens on the people phase of our lives. We have been friends service. The only real solution was to of the United States. This legislation for 20 years, dating back to the days find someone interested in operating also reduced Federal taxes on many when we served our respective States the rail line. This obviously was no low-income Americans. as Governor. JAMES EXON was one of a BILL has taken a personal interest in easy task. group of Senators who dropped by a the protection of the environment over gathering of folks from Arkansas last We made a full-court press to iden- the years. He passed legislation to pro- week. I was honored that he took the tify potential buyers. After countless tect the shores of not only New Jersey time out of his schedule to attend the meetings and phone calls, we were able but of the entire country through his gathering. to convince a group of investors who support of the Shore Protection Act of I appreciated Senator EXON’s help on were willing to take their chances on 1996 and has fought to protect millions many pieces of legislation, including the future of this line. The Dakota, of acres of virgin land from mining and his strong support for my work to keep Minnesota, and Eastern Railroad development. pharmaceutical drug prices down. He [DM&E] was formed and an agreement His determination to create jobs and was also an original cosponsor of the was worked out with the C&NW to pur- to expand the police force in those Taxpayer Bill of Rights, and worked chase the C&NW east-west rail line areas have made Senator BRADLEY a with me to make the Internal Revenue across the entire state of South Dakota leader in finding solutions to the vio- Service more accountable for its ac- and into Minnesota. Since its incep- lence that has become an everyday tions. I am grateful for his help and tion, the D&ME has invested millions part of life in many communities. support throughout the years. of dollars in maintenance and track re- The Senate is losing a great Member Mr. President, it has been an honor pair and has demonstrated its commit- in Senator BILL BRADLEY. I wish him and a privilege to serve alongside Sen- ment to improving rail service for and his family the best in the future. ator EXON here in this great body. We South Dakota shippers. I also want to pay tribute today to came to the Senate as dear friends, and Senator HANK BROWN. I have had the I hope to continue the friendship in the Today, many people may not realize honor of serving with the Senator from how close western South Dakota came future. Barbara and I have enjoyed our Colorado on the Government Affairs time spent with JAMES and Pat Exon, to losing its rail service to the east. Committee. In addition, he has been a Had Gust not stepped up to the plate to and we wish them the best in the fu- leader in the fight for a balanced budg- ture. lead the local shippers group, who et. knows what might have happened? Mr. President, one of this country’s While he chose to serve only one true statesmen, Senator MARK HAT- Gust Larson is the pride of South Da- term in the Senate, HANK had spent 10 FIELD of Oregon, has been a Member of kota. His effort to save the rail line is years in the House of Representatives. this body since 1966. I am truly grateful reminiscent of the legendary stories of I served in the House and know how to have had the opportunity to serve tough, rugged fighters who turned a difficult the schedule can be, splitting with this great man. vast prairie into a state of enormous time between Washington and my Senator HATFIELD’s dedication to his promise and opportunity. Generations home district, leaving little time to see State and Nation can be seen by his from now, Gust Larson’s story also will family and friends. Yet, while a Mem- mere length of service. For the past 30 be legendary. He has made a lasting ber of Congress, he earned a masters of years, MARK HATFIELD has worked hard contribution to his community, his law degree from George Washington to improve living conditions for the State and his country. It was one of the University. Hank is always looking for people of Oregon and the United great privileges of my life to work with new things to learn and new ways to States. Senator HATFIELD has always Gust. It is an honor to know Gust grow as an individual. I am sure that, been an ardent proponent of peace as Larson. It is an even greater honor to after he moves back home, Hank will he has continually worked to end call him my friend. I salute him. find many new experiences from which armed conflict. It was Senator HAT- Thanks to the help of Gust Larson, the to learn whatever he chooses to do. He FIELD who offered an amendment with rumble of trains can still be felt and has served the people of Colorado well then Senator McGovern to end the heard across western South Dakota. and will be missed. Vietnam War. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12277

Senator HATFIELD is also a man of Mr. President, one of the greatest has been more than a Senator from great conscience. MARK has deep-seated things I will miss about the Senate is Rhode Island, but a true statesman for beliefs and he stands by those beliefs the wonderful relationships that Bar- the entire Nation. regardless of the consequences. Senator bara and I have formed over the past 18 Senator PELL was instrumental in in- HATFIELD has always looked to both years, including the one we have with stituting the education scholarships parties for help in enacting important BENNETT JOHNSTON and his lovely wife, for disadvantaged students that bear legislation. It is for this reason that Mary. As we both travel back to our his name. Untold numbers of students MARK HATFIELD is one of the most re- neighboring States in the South, I look have had the opportunity to go to col- spected and influential Members of the forward to continuing this friendship. I lege through the Pell Grant Program. U.S. Senate. wish them all the best in their years He has continued to be an advocate for Mr. President, Oregon is lucky to ahead. I am truly honored, Mr. Presi- education throughout his career. Sen- have a public servant who is as dedi- dent, to have served with such a fine ator PELL recognized early on that the cated as MARK HATFIELD. Barbara and I man. education of our children is the best in- wish MARK and Antoinette all the best Another fine colleague who arrived vestment this country could make. and on behalf of my colleagues, I want with me to the U.S. Senate in 1978 is Senator PELL has been a true friend to thank my friend MARK HATFIELD for NANCY LANDON KASSEBAUM, the distin- and teacher to many of us here in the all he has done for this institution and guished senior Senator from Kansas. Senate. I wish him well in his retire- this Nation. She has done an outstanding job rep- ment. He has certainly earned it. Mr. President, the senior Senator Mr. President, last week my col- resenting Kansas and is truly a dedi- from Alabama, HOWELL HEFLIN—known leagues and I gathered in this chamber cated public servant. to many as the Judge—and I came to My fellow Arkansans and I were hon- to pay tribute to our dear friend, the the Senate together in 1978. I have had senior Senator from Illinois, PAUL ored when Senator KASSEBAUM spoke the honor of serving the last 18 years at the unveiling of the portrait of Hat- SIMON, by decorating ourselves with a with this dedicated public servant. trademark PAUL SIMON bow tie. I have tie Caraway, who represented Arkansas HOWELL HEFLIN embodies the spirit known this distinguished man for in the U.S. Senate and was the Nation’s of the U.S. Senate. Senator HEFLIN is a many years and have always found him first woman to be elected to the Sen- true gentleman and statesman. There- to be a man of the highest regard in his ate. Senator KASSEBAUM gave an elo- fore, it is not ironic that he is one of love for this country of ours. He serves quent speech that demonstrated how the most popular Members of the U.S. as a guide to all of us who serve in pub- far women have come in the U.S. Sen- Senate and one of the most beloved lic life through his honesty and de- ate. public figures ever in the State of Ala- cency. It has been an honor to serve with bama. Whenever times get tough, HOW- Mr. President, PAUL SIMON stands the Senator from Kansas. She has al- ELL is always there to liven up the strong for the things he believes in his mood with his great wit and personal- ways been willing to cross this center heart to be good and true. But under no ity. I have had the opportunity to serve aisle to accomplish what is best for the circumstance has he ever turned a deaf on the Agriculture, Nutrition, and For- Nation. When she leaves this body, her ear to any of us wanting to express our humility and dedication will be sorely estry Committee with Senator HEFLIN views or concerns. As I told this body and I have seen firsthand the tireless missed. Indeed, the State of Kansas and just last week—as I go to the Univer- effort he has given to improving the her colleagues in the U.S. Senate will sity of Arkansas next semester to cotton, soybean, and peanut programs. be saddened by her departure. Barbara speak to students from various edu- Farmers all over this country should joins me in wishing her all of our best cational backgrounds—If I am ever thank HOWELL HEFLIN for the contribu- in the future. asked the question by one of those stu- tions he has made to agriculture. Mr. President, one of the finest men dents as to how to pattern their lives Knowing the importance of agriculture to ever serve as U.S. Senator, SAM for a political future, I will tell them NUNN of Georgia, is also leaving this in my own State of Arkansas, I am to look at the life of PAUL SIMON, both very thankful for the leadership of body. SAM NUNN’s tireless dedication, the political life and the personal life. loyalty, and determination extend not HOWELL HEFLIN. I say this because PAUL SIMON has hu- Senator HEFLIN has always believed only to his work as Senator, but in his manized politics and the Government in doing what is right and standing up personal life as well. Barbara and I for each of us. I thank my friend for his for what you believe in. He regularly have enjoyed many years of friendship leadership and service to this country crosses party lines and votes his own with SAM and Colleen NUNN. I will and wish him a health and happy fu- personal beliefs. This is refreshing in a carry many happy memories of that ture. time when partisanship seems to take friendship with me as I return to Ar- Mr. President, my good friend and precedence over all other things. kansas. colleague, Senator ALAN SIMPSON, is Mr. President, it has truly been an Senator SAM NUNN has won not only also leaving this body at the end of the honor for me to work with such a great my admiration and respect, but that of term. Eighteen years we have served man as HOWELL HEFLIN, but most im- the American people. His efforts on the here together, separated only by this portantly, it has been an honor for me Senate Armed Services Committee, the center aisle. And it is this very aisle to call this man my friend. Barbara Permanent Subcommittee on Inves- that ALAN SIMPSON has worked his ca- and I consider HOWELL and Mike to be tigations and the Small Business Com- reer at building a bridge across—to join among our closest friends and we will mittee are testaments to his desire to both sides in doing what is best for miss them greatly. We wish them all maintain peace, hope and prosperity in every citizen of this great Nation of the best as they return home to America. His work has also earned him ours. Over the past several years, I Tuscumbia, AL. And while the U.S. the distinction of one of the greatest have had the honor and privilege of Senate is losing one of its most dedi- national security and foreign policy ex- working with my friend, not only on cated members, Alabama is getting perts of our time. All who have worked this floor, but also on the Finance back two wonderful citizens in HOWELL with SAM NUNN, all who have followed Committee and the Special Committee and Mike Heflin. his career, surely recognize the numer- on Aging. His hard work and dedication Mr. President, over the last 24 years, ous contributions he has made. I will to the people of this country have the distinguished Senator from Louisi- miss him. America will miss this great served as a constant reminder to me ana, BENNETT JOHNSTON, has become Senator even more. and my colleagues of what we have one of the most accomplished and dedi- When I was first elected to the Sen- been sent here to do—and that is to cated Members to have served in the ate in 1978, Senator CLAIBORNE PELL serve the people of our home States Senate. As chairman of the Energy and had been here for 18 years. I had always and all citizens of the United States. Natural Resources Committee for 8 assumed he would be here long after I ALAN SIMPSON’s humorous and years, and now the ranking member, left. When Senator PELL retires this unique approach to business on this the Senator’s remarkable leadership year, he leaves an impressive record of floor will be a great loss. Mr. Presi- has led to important legislation in en- accomplishments in the areas of edu- dent, ALAN SIMPSON is one of the great- ergy policy. cation, the arts, and foreign policy. He est doers and builders that we have S12278 CONGRESSIONAL RECORD — SENATE October 3, 1996 ever seen in this body, and his presence The long and short of it, Mr. Presi- er good. Party Line and dogma have will be sorely missed. Barbara and I dent, is that HANK BROWN will be never been decisive factors in his deci- wish my friend and his beautiful wife missed in the Halls of the Capitol. I bid sions, and as a result he was regularly Ann the very best in the years to come. the good Senator, his wife Nan, and numbered among those who brought Mr. President, I know that all of my their three children farewell as they about the compromise necessary for friends who are leaving will miss the leave Washington, DC, and wish HANK progress. Senate. But I have even more con- many happy years of retirement. May First elected to the House in 1972, fidence that those remaining in the it hold new challenges and exciting op- BILL COHEN immediately demonstrated Senate, and millions of citizens back portunities. his fortitude and independent thinking home, will miss these wonderful public f servants and the energy and wisdom in dealing with perhaps the most trau- they go generously gave to their coun- A TRIBUTE TO SENATOR DAVID matic issue to face the Congress in this try. We are truly a better nation for PRYOR century. As a member of the impeach- their contributions. Mr. HOLLINGS. Mr. President, I rise ment committee charged with the re- f today to pay tribute to one of the great sponsibility of considering the actions A TRIBUTE TO SENATOR HANK men of the Senate. He has served his of the Nixon Administration, he spoke BROWN State of Arkansas with honor as a eloquently of the imperatives of accountability and responsibility in the Mr. HOLLINGS. Mr. President, I rise State Representative, Governor, Mem- today to salute the senior Senator ber of Congress and finally as a U.S. conduct of public officials. True to the principles evidenced in that courageous from Colorado, Senator HANK BROWN, Senator. Despite this wonderful career, for his 16 years of service in Congress. he has not lost touch with the ‘‘com- beginning, he remains today a spokes- He has worked for the citizens of Colo- mon man.’’ man for and example of civility in gov- rado as a Member of the House of Rep- I know all my colleagues agree, ernment and public service. resentatives, and was elected president DAVID PRYOR is truly one of the most BILL came to the Senate in 1978 of the 97th Congress Republican fresh- well-liked members of this body. where he quickly established himself man class. He also has served his State Whether defending the Special Com- as a dedicated and studious member, for one term as a U.S. Senator. mittee on Aging and the Nation’s el- mastering the intricacies of a diverse Everyone was surprised when Sen- derly or as the primary sponsor of the set of issues facing our Nation. He was ator BROWN was the first Republican to Tax Payer Bill of Rights, you can a spokesman for military preparedness count on the Senator from Arkansas announce in late December 1994 that he long before others in more recent times tirelessly and doggedly fighting to do would not seek reelection in 1996. At adopted the popular mantra of ‘‘mili- what he believes is right. However, no that time, Senator BROWN said he had tary readiness’’. His service on the matter how heated the battle, Senator tired of his life inside the beltway and Armed Services Committee has clearly PRYOR always maintains his cool and had always thought of his time in established BILL COHEN not only as a Washington as a ‘‘period of temporary always treats his fellow Senators with dignity and respect. guardian of military preparedness but service.’’ As a result, at the end of this also as a protector of those who serve Congress, HANK BROWN will leave the Senator PRYOR has accomplished much in his career, but he will always in the ranks of our Armed Forces. His Senate and return to Colorado with his exemplary service on the Intelligence wife, Nan, and their family. be remembered as the No. 1 advocate During the last 6 years, I have seen for the Nation’s elderly. Having served Committee was of invaluable benefit to Senator BROWN work diligently on the as chairman and ranking member of this Nation on issues of grave impor- budget, support environmental and ag- the Special Committee on Aging, he tance to our National Security. His riculture issues affecting his State of has led the way in his dedication to evenhandedness in his service on the Colorado, and deal with foreign policy protecting and enhancing the lives of Judiciary Committee and his sensitiv- matters that affect our Nation as a our senior citizens. ity and compassion demonstrated while whole. As a member of the Agriculture Com- on the Committee on Aging again HANK BROWN and I have worked side- mittee, DAVID PRYOR has worked to stand as testimony to the quality of by-side on the Budget Committee and, protect the American farmer, and, as his service to the people of Maine and while we did not see eye-to-eye all the the primary sponsor of the Tax Payer this Nation. time, his dedication to Republican Bill of Rights, he almost singlehand- Senator BILL COHEN departs our spending priorities was tireless and un- edly focused attention on IRS abuses of ranks with the respect and admiration surpassed. I know that members of his the American taxpayer. of all of his colleagues on both sides of party will miss his ideas and input There is no doubt the Senate will the aisle. We wish him and Janet the when we begin the arduous budget miss DAVID and his charming wife, Bar- very best in the future. process next year. bara. Barbara has worked diligently to Senator BROWN has also work for the bring outstanding Arkansas art to f people of Colorado on environmental Washington so all visitors to DAVID’s and agriculture issues. He introduced office can enjoy it. The Senate will A TRIBUTE TO SENATOR PAUL legislation to protect the Cache La miss their personal touch and we wish SIMON Poudre River flood plain and worked them well. diligently to establish national trails f Mr. HOLLINGS. Mr. President, I rise along Colorado’s western slope. He also today to pay tribute to my friend and TRIBUTE TO SENATOR WILLIAM came down to the Senate floor to fight colleague, Senator PAUL SIMON, who is COHEN for the rights of Colorado ranchers leaving the Halls of Congress after 22 when we debated the controversial Mr. HOLLINGS. Mr. President, Sen- years of distinguished service in both topic of grazing fees. ator BILL COHEN is one of our col- the House and the Senate. As a member of the Foreign Rela- leagues who often comes to mind when Simply put, PAUL SIMON epitomizes tions Committee, HANK BROWN has sup- considering the mainstream in this ported military aid and training to body. The presence of these individuals what we think of when we use the term Eastern European countries. And, I am who defy labeling is indeed fortunate in public servant. Since 1954, he has pleased to say, after studying the ins the effort to achieve the compromise served the people of Illinois as a State and outs of the General Agreement on so essential in government. I have Representative, as a State Senator, as Trade and Tariffs, Senator BROWN noted over the years that observers at- Lieutenant Governor, as a member of joined me and several other Senators tempting to define these so called lib- the U.S. House of Representatives and by voting against that abomination of eral Republicans, conservative Demo- as a United States Senator. At every a trade agreement. Even today, I regret crats, and ‘‘moderates’’, often were de- level of government, PAUL has proven that the Senate in the 103d Congress scribing colleagues like BILL COHEN to be a model of thoughtfulness and in- saw fit to pass that treaty and that the who simply considered the issue at tegrity. President supported its passage. But, hand on the merits and decided, in his As a fellow member of the Senate I’ll save that talk for another time. judgement, in the interest of the great- Budget Committee, PAUL SIMON stands October 3, 1996 CONGRESSIONAL RECORD — SENATE S12279 out, not because of his trademark bow come Americans would have fallen to law school, and joined his father’s tie, but because of his dogged desire to well-below the poverty line. law firm in Cody, WY. In 1964, he was eliminate our crushing debt burden and I also would like to commend BILL elected to the State legislature where his willingness to take the tough medi- BRADLEY for joining me in our fight to he represented his home county for 13 cine necessary to accomplish that goal. reform the campaign finance system years. Moreover, PAUL has keenly understood through a constitutional amendment. I Mr. President, regardless of whether our obligation to repay not only the will miss his assistance behind-the- one thinks that it was destiny or indus- public debt but also the debt owed to scenes and on the Senate floor and am try that brought AL SIMPSON to Wash- Social Security and other government hopeful that he will continue to work ington, his 18 years of service have left trust funds. toward a fair and equitable system for an indelible legislative mark. In addition to his efforts to get our all political candidates when he leaves Since he became chairman of the Ju- Nation’s finances in order, PAUL SIMON this distinguished body. diciary Committee’s Immigration Sub- has been a tireless advocate for the Mr. President, I cannot leave the committee, the Senator from Wyoming need to expand educational opportuni- floor without mentioning Senator has worked assiduously in developing ties for all Americans. Specifically, he BRADLEY’s commitment to the health tough laws to crack down on illegal im- has been a leader in ensuring that and well-being of American men, migration and commonsense policies to those with disabilities receive public women, and children. During the 104th govern legal immigration. Indeed, it is education, in combating illiteracy Congress, he fought against cuts to the a fitting testament to his efforts that through passage of the National Lit- Food Stamp Program, the WIC Pro- one of the last measures passed in the eracy Act, and more recently, in ex- gram, Medicare, Medicaid, and Social 104th Congress was an immigration re- panding access to higher education by Security. Indeed, he joined me and 33 form bill that he authored. championing the direct college loan other Senators in 1995 to protect the But immigration is just one of the program. Social Security Trust Fund by voting many contentious issues that ALAN has While all of us in this body will sore- against the balanced budget amend- been willing to take on. As a member ly miss his leadership and cordiality, ment. That vote took courage, Mr. of the Senate Finance Committee, he our loss is Southern Illinois Univer- President, and I commend him for it. recognized the demographic strains sity’s gain where PAUL will head up the In closing, I would like to address the that Social Security and Medicare will Simon Public Policy Institute. We wish good Senator’s work on legislation face in the coming decades and was one both him and his wife Jeanne the very which we recently passed here in the of the first Senators to bring serious best in all their future endeavors. Senate and which the President has attention to this issue. f signed into law. Known around Senator Mr. President, AL SIMPSON and I have BRADLEY’s office as the ‘‘Baby Bill,’’ agreed on many issues and disagreed on A TRIBUTE TO SENATOR BILL the Newborns’ and Mothers’ Health many others, but as one trial lawyer to BRADLEY Protection Act of 1995 will ease the another, I have always had a profound Mr. HOLLINGS. Mr. President, I rise worry of many families experiencing respect for his directness, his tenacity, today to bid farewell to the senior Sen- the miracle of childbirth. Thanks to his candor, and most of all, his ability ator from New Jersey, Senator BILL BILL BRADLEY, hospitals will be re- to tell a good joke. While we shall all BRADLEY. Since the first day this pro- quired to protect the health of new miss his good humor and good counsel, fessional basketball player walked mothers and their infants for a mini- we wish both him and his wife, Ann, all onto the floor of the Senate in 1979, I mum of 48 hours following a vaginal the best in their future endeavors. have been proud to work closely with birth and a 96-hour stay after Caesar- f him on numerous issues. ean births. I was pleased to co-sponsor A TRIBUTE TO SENATOR NANCY As all Senators know, we spend hours this bill and am thrilled that Senator LANDON KASSEBAUM on the Senate floor, toiling away on BRADLEY can leave the Senate follow- legislation that affects our home ing such a grand accomplishment. Mr. HOLLINGS. Mr. President, I rise States, other Members’ States, and Mr. President, to say that BILL BRAD- in tribute to one of the great non- America as a whole. But, I believe BILL LEY will be missed in the Senate is an partisan, effective Senators of this BRADLEY will be most-remembered for understatement. Although he is retir- body, NANCY LANDON KASSEBAUM. his endless struggle to rewrite our tax ing as a U.S. Senator, I do not believe Senator KASSEBAUM’s 18 years in the code in the Tax Reform Act of 1986, his we have heard the last of BILL BRADLEY Senate have been marked by shifts unwavering dedication to reform our in the political arena. I wish him, his back and forth in control of the Sen- campaign finance system, and his tire- wife, Ernestine, and their daughter, ate. She was elected into the minority, less efforts to protect the health and Theresa Anne, all the best for the fu- came into the majority within 2 years, welfare of American men, women, and ture and a safe journey home to returned to the minority in her second children. Montclair. term, and recently returned to the ma- I remember well when, in June of f jority. 1986, the Senate overwhelmingly sup- She has been the Senator we needed ported the Tax Relief Act by a vote of A TRIBUTE TO SENATOR ALAN in these times. Whichever direction the 97–3. Although this legislation was SIMPSON winds of partisanship blew, she was the guided carefully through the Congress Mr. HOLLINGS. Mr. President, I rise safe haven for compromise and by Senator Bob Packwood, I would like at this time to pay tribute to my friend progress in the public interest. That is to take the time today to give credit and colleague, ALAN SIMPSON, who is why her endorsement is courted so as- where credit is due. Without the dedi- retiring after serving for 18 years in siduously on both sides. cation of the Senator from New Jersey, this body. Mr. President, I emphasize that the this bill would have died a thousand None of us should have been sur- winds have blown back and forth, but deaths on its journey from the House prised by AL’s entrance into politics. Senator KASSEBAUM has fixed on the Ways and Means Committee to Presi- After all, he learned firsthand about great issues that concern all Ameri- dent Reagan’s desk. the life of a public servant from his fa- cans and sought the solutions we need- After we passed this monumental leg- ther, Milward, who served the people of ed. I remember when we saw sky- islation, Senator BRADLEY said, ‘‘Each Wyoming as Governor from 1954 to 1958 rocketing deficits in this body that we senator was willing to sacrifice some- and as a U.S. Senator from 1962 to 1966. worked together to make a freeze thing that was important to his or her After graduating from college, AL work. I had a ‘‘Fritz Freeze’’ and she State to do what was in the best inter- SIMPSON began serving his country as a had a ‘‘K. G. B.’’ freeze—KASSEBAUM, est of the country.’’ Thank goodness 2d lieutenant in the U.S. Army where GRASSLEY, BIDEN, and BAUCUS. Finally, for Senator BRADLEY’s foresight and he was a member of the 5th Infantry we worked together in 1987 on a joint, coalition building. Without him, many Division and the 2d Armored Division compromise freeze. She has also tack- of those gaping tax loopholes we closed during the Army Occupation in Ger- led limiting campaign spending from a would still exist and millions of low-in- many. In 1956, he returned home, went Constitutional point of view. We all S12280 CONGRESSIONAL RECORD — SENATE October 3, 1996 know the importance of finding a way ‘‘makes a real contribution to the Sen- Government contracts are crucial to to limit the influence of money in poli- ate as a mirror of public opinion in our country in so many ways. First, tics, and she has not been reluctant to America’s heartland. It is hard to they are an essential part of Virginia’s advance a thoughtful position on that. think of anyone else in the chamber economy, especially in the Northern And she has been a leader on making who so seems attuned to the questions Virginia area. Second, through minor- historic progress in South Africa. She and concerns of the typical middle- ity contracting programs, our govern- has been the Senate’s voice on Africa, American.’’ ment provides invaluable opportunities and we appreciate that. Furthermore, JIM, your presence in the Senate will to minority-owned businesses to get a she has been deeply involved in the be sorely missed. Others may fill your necessary foothold in the marketplace. issue of health research, particularly seat, but few will be able to fill your Third, our taxpayers deserve and de- on Orphan Drugs. Basic health research shoes. As you begin the next stage of mand that they receive the maximum is America’s particular pride and your career and your life, I wish you value for their money. strength, and she made sure that those all the best. Mr. Cabrera and his company are a with rare diseases are included in our f perfect example of this important com- hopeful enterprise. That is a contribu- THE IMPACT OF DIFFERENTIAL bination. He moved the fledgling com- tion that will change the lives of fami- EXPORT TAX SYSTEMS ON U.S. pany from Alabama to Virginia in 1984 lies through the generations, who oth- OILSEED PROCESSORS where it began to acquire more con- erwise would have suffered without any tracts in the fields of instrumentation, Ms. MOSELEY-BRAUN. Mr. Presi- hope whatsoever. Mr. President, these controls, and monitoring systems. In dent, last month, as we were voting on are all issues that are fundamentally 1991, the Small Business Administra- an extension of the Generalized System important and nonpartisan. They re- tion certified the firm for the section of Preferences, I spoke on the floor flect her judgment and her leadership, 8(a) program, and Lord & Company about a tax system employed by cer- and we are privileged to have worked took off. tain countries, including Brazil and Ar- with her on them. The company has received numerous gentina, that operates to confer an un- Finally, Mr. President, I must brag quality awards from the Departments fair competitive advantage on exports on my home city of Charleston. Sen- of the Navy and Army, Fairfax County of oilseed products from those coun- ator KASSEBAUM has recognized its Public Schools, and numerous private tries at the expense of United States beauty through her frequent visits, companies. Moreover, Mr. Cabrera has producers of these products. These un- and, coincidentally, it is home to her made special efforts to diversify his fair tax schemes, commonly known as son, his wife, and their children. I hope workplace by hiring single parents, mi- differential export tax systems, or we will see more of her there after this norities, and others in need of employ- DETs, have been of great concern to all Congress is over, but, certainly, she ment. The company has also started its soybean growing states, including my has been a real leader that we will miss own contracting program by adopting a State of Illinois, one of the leading soy- small minority-owned business and as- in this Senate. bean States in our country. f As I explained last month, these tax sisting it with technical and manage- schemes, which operate in much the rial support. TRIBUTE TO SENATOR JIM EXON Mr. Cabrera has been recognized for same way as WTO-impermissible ex- Mr. LAUTENBERG. Mr. President, I his talents before, having served as a port subsidies, make a mockery of the rise to wish my friend, JIM EXON, an principles of free and fair trade. Until delegate to the White House Con- enjoyable retirement from this body. these unfair tax schemes are elimi- ference on Small Business and attend- It’s been a pleasure to serve him for nated in countries throughout the ing the Amos Tuck School of Minority the past 13 years, especially on the world, U.S. processors will continue to Business Executive Program at Dart- Budget Committee; together, we’ve lose ground in world markets for soy- mouth College. fought for issues which were important bean meal and oil. In sum, Mr. Cabrera has shown re- to the average American. When I think I was therefore pleased to learn that markable energy in providing solid of JIM’s many accomplishments, I will the Government of Brazil recently work product to the taxpayers and his especially remember his commitment passed a law that eliminates these tax other clients, community involvement to the Medicare program and his oppo- schemes in the states that employ to his area, and jobs to his growing sition to cutting Medicare to pay for them. I want to take this opportunity number of employees. I am proud to sa- tax breaks for the wealthy. to commend the Government of Brazil lute him for his recent award and look For the past 2 years, JIM has served for this major achievement. By this ac- forward to hearing about Lord & Com- as ranking minority member of the tion, the Brazilian Federal Government pany’s continued success. Budget Committee. It’s been a tumul- has greatly contributed to the further f tuous time. But as a businessman who liberalization of world trade. I am founded a successful company, he S. 1986, UMATILLA BASIN PROJECT hopeful that other countries that con- COMPLETION ACT brought to the Senate significant busi- tinue to rely upon these trade-distort- ness skills and a commitment to fiscal ing tax schemes will be encouraged to Mr. HATFIELD. Mr. President, for responsibility. That was also evident in follow the lead of Brazil and take simi- two decades, I have worked to resolve JIM’s work on the Armed Services lar steps toward trade liberalization. I the fishery and irrigation conflicts in Committee, where he was a persistent will continue to monitor this issue the Umatilla River Basin in the north- and effective voice to reduce waste in closely, and if we do not see further eastern region of my State of Oregon. the Defense Department. progress in this regard, the Senate Fi- In 1988, with the passage of the Recognized in the Senate as an au- nance Committee should consider ex- Umatilla Basin Project Act, we thority on agriculture, rural America, amining this issue in more detail as brought all interests together behind a commerce, national defense and trans- part of its trade agenda in the next project which advanced the goal of re- portation, JIM was, above all, a voice Congress. storing anadromous fish runs in the for Nebraska’s interests. Whether f Umatilla River. The act authorized fighting for fair international trade pumping facilities to allow three irri- agreements for mid-west agriculture, LORD & COMPANY, INC. gation districts, which previously with- or cosponsoring legislation that made Mr. WARNER. Mr. President, I am drew their water from the Umatilla Medicare reimburse rural and urban proud today to praise an outstanding River, to receive an equal volume of hospitals at the same rate, or having Virginian and his Virginia company. water from the adjacent Columbia Nebraska’s Niobrara River declared a Juan G. ‘‘Bill’’ Cabrera is President of River to irrigate their crops and, in re- National Scenic River, JIM always Lord & Company, Inc., in Manassas, turn, leave their water in the river for championed the State he had served as VA, and last week Mr. Cabrera was fish. The project, which has had no Governor. named the Minority Small Business negative impact on the Columbia It’s no wonder that the book ‘‘Poli- Person of the Year for his region of the River, enabled the reintroduction of tics in America’’ notes that JIM EXON, country. salmon stocks in the Umatilla River October 3, 1996 CONGRESSIONAL RECORD — SENATE S12281 that had been lost since the 1960’s. Ben- gressional session, these differences of issues as well as on budget issues; and efits of the project have been felt by opinion proved to be insurmountable. with his characteristic firmness, perse- both the fish and the irrigators in the Though my desire to complete the verance, and drive, he has always re- basin, whose water supply is much Umatilla Basin Project is great, I could flected the best of the pioneer tradition more stable today than it was in the not allow myself or others to forget the of his beloved Nebraska. With his re- 1980’s. overriding objective of the 1988 tirement, we will have lost a skilled The Umatilla Basin Project has been Umatilla Basin Project Act. That act and committed colleague who cares a product of years of debate and grass- states that the decision to adjust the about public service and whose career roots consensus building. I had hoped irrigation districts’ boundaries ‘‘shall is a symbol of institutional pride and to build on that spirit this year and be considered as secondary to the pur- personal responsibility to the common reach an agreement which would have pose of providing water for fishery pur- good. allowed the fourth, and final, Umatilla poses.’’ While it is understood that the SENATOR MARK HATFIELD Basin irrigation district, the Westland Umatilla Basin Project should not nec- I want to pay tribute to the senior Irrigation District, to also exchange essarily disadvantage irrigation dis- Senator from Oregon, MARK HATFIELD, Umatilla River for Columbia River tricts, restoration of the anadromous who has been a beacon of bi-partisan- water. The potential for such an agree- fish runs must continue to be its pre- ship in this Chamber. Senator HAT- ment to finally solve a number of re- dominant mission. FIELD has always been, above all, a maining and long-standing water issues I regret that the parties failed to statesman dedicated to the Senate train the basin was very promising, and, reach consensus on this most impor- dition of reasoned debate and respon- last July, I introduced a bill to com- tant issue, and I hope that the Oregon sible bipartisan solutions. In seeking plete the project, address the Federal Delegation will work together with the common ground, whether on the budg- Government’s treaty fishery obliga- affected parties in the 105th Congress et or on issues of arms control and tions to the Umatilla Tribes, adjust the to reach consensus on the issues that peace or on issues affecting the day to boundaries of the four irrigation dis- remain. day lives of his constituents and fami- tricts to formally incorporate lands f lies across America, Senator HATFIELD that had long been irrigated with has never been afraid to exercise his project water, and resolve water supply RETIRING SENATORS legendary independence, even if it concerns jointly held by the Umatilla Mr. KERRY. Mr. President, I have meant risking the wrath of his party. Indian Reservation and the City of spoken on the Senate floor in a per- Another word that aptly describes Pendleton, OR. sonal tribute to Senator CLAIBORNE the long and distinguished public serv- I commend the Umatilla Tribes, PELL of my neighboring State of Rhode ice career of Senator HATFIELD, is Umatilla Basin Irrigation Districts, Island, and I wish him well in his re- ‘‘independence.’’ In every one of his the State of Oregon, Water Watch of tirement, but this year we in the U.S. votes he has shown extraordinary in- Oregon and the City of Pendleton for Senate are losing 12 other colleagues, tegrity, and I have been especially in- their diligent efforts to attempt to re- all of whom have left a unique mark on spired by his work on arms control and solve this complex and difficult array this institution and have served their his commitment to common sense in of issues. Since last April, my staff has states and the American people with national and international affairs. At a time in this institution when we worked virtually nonstop with all of dignity and integrity. All have been hear partisan politics in a shrill cre- these local interests, Congressman committed to the concerns of their scendo, we shall miss his quiet, steady COOLEY, the House Resources Commit- constituents and have fought for issues voice of reason and his humanity, for tee staff, the Senate Energy and Natu- that have moved this Nation forward he has been, in many ways, the con- ral Resources Committee staff, the Bu- and kept us strong, safe, and powerful. science of the Senate. MARK HATFIELD reau of Reclamation, and the Clinton We shall miss each of them, and we has left a mark on this place. I am administration in an effort to forge a shall miss their friendship, camara- hopeful we all will remember the derie, and counsel. consensus agreement. Unfortunately, standard he has set. the consensus I had hoped for was not SENATOR JAMES EXON achieved. While the parties agreed on SENATOR BILL BRADLEY I want to pay tribute to the Senior I want to pay tribute to Senator Bill the need to construct facilities to allow Senator from Nebraska, Senator JIM BRADLEY of New Jersey whose intellect the final Columbia River exchange, re- EXON. The institution of the U.S. Sen- and passion for ideas tempered by a ferred to as Phase III, and other efforts ate is the hallmark of American de- common sense perspective have made to improve the Umatilla fishery, they mocracy. Few Members with whom I him a calm voice for bipartisanship and could not agree on the terms and tim- have served have more skillfully rep- logic. Senator BRADLEY has never been ing of the irrigation district boundary resented national concerns and con- bound by the way things have always adjustment. stituent interests during the long and been done. He has always found a way The four irrigation districts agreed arduous deliberations and debates in to break new ground, find a better way, to an environmental review of their committee and on the floor of the U.S. reach higher, and strive harder to help boundary adjustment proposal. They Senate than JIM EXON. redefine and restructure our response also agreed to provide significant miti- As Senator EXON leaves this body, he to children in the inner city, to race re- gation water for fish until the year leaves a long and distinguished public lations in America, to tax reform and 2003, or until a substantial portion of service record, a legacy of independ- campaign finance reform. the Phase III exchange was on line, ence, dependability, and a tough, com- He led the 1986 tax reform bill and led whichever came first. They could not mon sense approach to policy as well as the effort to delink human rights in agree, however, to give the Secretary politics which will not be forgotten. As China from the need to extend most-fa- of the Interior the authority to act on ranking minority member of the Budg- vored-nation status. I worked with him the information obtained in connection et Committee during the challenging in that effort and recognized the keen, with a National Environmental Policy early days of the 104th Congress, Sen- sharp historical perspective that he Act review, which was a condition of ator EXON, knowing full well the short- brings to human rights, international the boundary adjustment decision. Un- comings of the Republican budget, economics, and international relations. fortunately, this discretion was, in the withstood the early onslaught of posi- We have shared a commitment to eyes of the Clinton administration, an tive publicity for the new majority, Campaign Finance Reform and, again, essential element of any agreement. In and tirelessly devoted his efforts to his extraordinary ability to find a new addition, the irrigation districts in- leading the charge in committee not way, try a different idea, and devise a sisted that the authorization of the Co- only to point out, line by line, what better solution to our common prob- lumbia River exchange facilities and was wrong, but to convince the Amer- lems has been inspiring as has been his other facilities intended to improve the ican people that he was right. commitment. We have learned to re- fishery be conditioned upon the satis- Senator EXON has been an anchor of spect his judgment and analysis. faction of their boundary adjustment reasoned debate and bi-partisanship on Mr. President, the quality of leader- request. At this late date in the con- defense, transportation, and business ship and service embodied in the life S12282 CONGRESSIONAL RECORD — SENATE October 3, 1996 and career of Senator BRADLEY serves COHEN, a fellow New Englander, and Kassebaum health insurance bill that as a model for every young American, our most renowned author, who has protects health benefits for million of and he shall be missed in the 105th Con- been respected on both sides of the working Americans and relieves them gress. aisle for his intellect and his down-east of the fear of losing their health insur- SENATOR HANK BROWN devotion to his beloved Maine. Senator ance if they lose their jobs or have a I want to pay tribute to the distin- COHEN’s intelligence and his sub- preexisting condition. She was instru- guished Senior Senator from Colorado, stantive approach to the issues are sur- mental in giving America this land- HANK BROWN with whom it has been a passed only by his extraordinary range mark health reform legislation when pleasure to serve. When I was chairman of talents. many said it could not be done this of the Subcommittee on Terrorism, Senator COHEN is known in this year. I have also known Senator Narcotics, and International Oper- chamber for his devotion to detail and KASSEBAUM to be deeply committed to ations and he was the ranking member, reasoned analysis of the issues, and re- foreign affairs and especially to con- we developed an extraordinary working cently he has expressed his concerns cerns of African nations. relationship and I welcomed his friend- about partisanship and the political at- Her name has become synonymous ship and his counsel. mosphere which has dominated debate with education, public health, labor, Senator BROWN is thoughtful and on the Senate floor. But his concern and employment policies, but her devo- deeply committed to the truth. He is has never led to criticism of the proc- tion is to her family and to Kansas. fearless in his willingness to buck the ess, people, or promise of this institu- The Senate will miss her, but the peo- system and ignore political pressures tion or of the purpose and function of ple of Kansas will have her home. to do what he believes is right. His government. He has always been a posi- SENATOR BENNETT JOHNSTON commitment and counsel in finding the tive influence and has sought to make I want to pay tribute to Senator BEN- truth in the BCCI investigation led to government in general and the Senate NETT JOHNSTON of Louisiana who has legislation that tightened the banking in particular responsive, efficient, and served for 24 years on the Senate En- laws and addressed narcotics traffick- accountable. Negativism has not been a ergy and Natural Resources Commit- ing. part of Senator COHEN’s vocabulary. tee. He has been either the chairman or Mr. President, in my work with Sen- He is going home to New England, the ranking member of that committee ator HANK BROWN, I do not recall a and we know how much he loves his for 16 of those 24 years and every year time when he lost his sense of humor State of Maine, the beauty and the he has left his mark on this Nation’s or the twinkle in his eye. His calm majesty of the rocky coast that policies on the preservation and devel- forceful commitment to his county, to reaches out into the Atlantic. As a fel- opment of natural resources. his constituents, and to this institu- low New Englander, I understand his His legislative skills and his knowl- tion will be missed. I am grateful to love for it. His roots are as deep as his edge of energy and natural resource is- have had the opportunity to serve with commitment to his beliefs and prin- sues are extraordinary and have led to him. ciples, and whatever he chooses to do, the development of policies and pro- SENATOR SAM NUNN we wish him well. grams that have had a deep and lasting I want to pay tribute to the Senior SENATOR HOWELL HEFLIN impact on our Nation. Senator from Georgia, Senator SAM I want to pay tribute to the Senior He has served the people of Louisiana NUNN. I do not believe there is any Senator from Alabama, Senator HOW- faithfully, fairly, and with diligence, Member of the Senate who is more stu- ELL HEFLIN—Judge HEFLIN, or just and his legislative skills, leadership, dious and astute. Any American who Judge, as he is known to his col- and knowledge will be missed in the believes that a strong national defense leagues—whose long public service ca- 105th Congress. is a necessity in this changing world, reer has shaped the judicial system in SENATOR ALAN SIMPSON will look to the career of Senator NUNN this Nation. His temperance, knowl- I want to pay tribute to my friend with respect and admiration. His spe- edge, experience, and constitutional and colleague from Wyoming, Senator cific knowledge and keen analysis of scholarship have helped preserve the ALAN SIMPSON, who has always brought defense issues, international relations, integrity of the word ‘‘justice’’ in our his unique perspective to bear on the and armed services is without equal. democracy and taught us the lesson of critical issues of our time. His care- When it comes to NATO, his undertak- judicial temperament and legislative fully reasoned and focused approach ing of the complex historical relation- leadership. often has helped this Chamber see the ships and potential policy alternatives If there is one word that describes essential center of issues with which he that have developed during the evo- Senator HEFLIN it is deliberative. He has been associated during his years on lution of our involvement in NATO weighs the issues, individually without the Judiciary and Finance Committees. have made him a world leader and the concern for party or political expedi- I have worked with Senator SIMPSON voice of reasoned debate. ence. He evaluates, analyzes, reevalu- on camping finance reform and the Senator NUNN has led the fight for ates and makes a decision based on the candor, humor, and skill with which he more efficient uses of defense resources facts and only the facts. Senator HEF- approached the issue was refreshing, and greater accountability of defense LIN has represented the people of Ala- insightful, and direct. He is the kind of contractors. He has been an invaluable bama with grace, charm, intelligence, Senator whom the American people ally in this institution to every Amer- and integrity. His service and his char- seek and re-elect because he reflects ican in uniform. He has been a calm, acter represent the best of the U.S. their interests and their ability to reasonable leader in the defense debate Senate and his leadership and perspec- weed through the details to find the es- of the post-cold-war era. tive shall be sorely missed when the sential truth. Senator NUNN is as thoughtful as he Judiciary Committee convenes in the Senator SIMPSON has served the in- is astute, as committed as he is wise, 105th Congress. terests of the people of Wyoming and of and as influential as he is fair. We will SENATOR NANCY KASSEBAUM the West with profound skill and style miss the kind of leadership that Sen- I want to pay tribute to the Senator and his personal commitment to immi- ator NUNN has brought to this institu- from Kansas, NANCY KASSEBAUM, one of gration policy will mark a long and tion. We can be sure that debates on this institution’s most respected au- distinguished public service career. the floor of the Senate in the 105th thorities and most effective leaders on The Senate has been a better place be- Congress and thereafter will echo his Labor and Human Resources issues. cause of the leadership of Senator leadership, his resolve, and his com- She is an extraordinary person whose ALAN SIMPSON. mitment. His influence in defense pol- quiet commitment and personal integ- SENATOR PAUL SIMON icy—his legacy—will be felt for years rity have marked a public service ca- I want to pay tribute to my colleague to come. I join my colleagues in wish- reer that has lived up to her family from Illinois, Senator PAUL SIMON. We ing him well. name and to the expectations of the shall long remember the Senator who SENATOR BILL COHEN people of her beloved Kansas. wore a bow tie every day. He brought I want to pay tribute to the Senior Her bipartisan leadership culminated to this Chamber a dignity and scholar- Senator from Maine, Senator BILL this year in passage of the Kennedy- ship that has lifted the level of debate October 3, 1996 CONGRESSIONAL RECORD — SENATE S12283 and preserved the grand traditions of not routinely have access to the health House that FPI has had a 42-percent this institution. system. This project was designed to delinquency rate in its clothing and Senator SIMON has been a national educate and activate men of African, textile deliveries, compared to a 6-per- leader on literacy and on the power of Asian and Latino descent with regard cent rate for commercial industry. For the written word. His career and his to healthy lifestyles and appropriate this record of poor performance, FPI life are a tribute to knowledge, learn- medical care. The key to this process has charged prices that were an aver- ing, and the pursuit of excellence. Sen- was the need to understand the health age of 13 percent higher than commer- ator SIMON has walked these corridors care needs, experiences, issues and per- cial prices. with a quiet dignity and brought to ceptions of these highly exposed and On July 30, 1996, the master chief them a sense of decency that we shall often neglected groups. petty officer of the Navy testified belong remember. This focused health care initiative fore the House National Security Com- Senator SIMON is truly a skilled takes a large step forward in attempt- mittee that the FPI monopoly on Gov- teacher. He has taught us, in the U.S. ing to help men of color become more ernment furniture contracts has under- Senate, the lesson of civility and he aware of the health care options they mined the Navy’s ability to improve has taught us and every American who have today. Many of the men inter- living conditions for its sailors. Master has heard his message that it is in the viewed before the inception of this pro- Chief Petty Officer John Hagan stated, best interest of this Nation to put a gram indicated that hospital emer- and I quote: premium on intellect again. He has gency rooms were insensitive, ineffi- In order to efficiently use our scarce re- done so in his actions, words, and cient, nonresponsive, and biased sources, we need congressional assistance in deeds, and he shall be missed not only against ethnic minority men. There changing the Title 18 statute that requires for his bow ties but for his honorable was an underlying distrust in and cyni- all the Services to obtain a waiver for each public service, his powerful independ- cism about the health system today. and every furniture order not placed with ence, and his skill as a leader, a de- the Federal Prison Industry/ Many stated that language barriers UNICOR. * * * Speaking frankly, the FPI/ bater, and a quintessential U.S. Sen- keep them away from the options that UNICOR product is inferior, costs more, and ator. they do have. takes longer to procure. UNICOR has, in my SENATOR DAVID PRYOR This program has gone the extra mile opinion, exploited their special status in- I want to pay tribute to my distin- to see that the necessary surveys are stead of making changes which would make guished colleague from Arkansas, Sen- conducted and discussion groups are them more efficient and competitive. The ator DAVID PRYOR who is a skilled and available for male health system users Navy and other Services need your support effective legislator with a gentlemanly and community-based providers to elic- to change the law and have FPI compete it information about viable methods to with GSA furniture manufacturers. Without southern charm and a modesty that be- this change, we will not be serving Sailors or lies his extraordinary skills and ac- reach the population at risk. I applaud taxpayers in the most effective and efficient complishments. the efforts of this superb program and way. Of his many accomplishments, not I wish it much success in the future. Mr. President, S. 1797 is supported by the least of which is his agricultural This thoughtful and successful pro- the National Association of Manufac- record for the people of Arkansas, Sen- gram should be a model for others turers, the U.S. Chamber of Commerce, ator PRYOR became an outspoken critic across the United States. the National Federation of Independent of the prices that pharmaceutical com- f Business, the Business and Industrial panies charge for prescription drugs THE FEDERAL PRISON INDUS- Furniture Manufacturers’ Association, and his leadership on the issue brought TRIES COMPETITION IN CON- the American Apparel Manufacturers’ national attention to the problem and TRACTING ACT Association, the Industrial Fabrics As- gave hope to millions of elderly Ameri- sociation International, and the Com- cans who could not afford their medica- Mr. LEVIN. Mr. President, on May 23, I introduced a bill—S. 1797—to imple- petition in Contracting Act Coalition. tion. It is also supported by hundreds of Senator PRYOR’s record of leadership ment the recommendation of the Na- small businesses from Michigan and in public service is marked by compas- tional Performance Review that we around the country that have seen FPI sion and civility. I wish him all the should ‘‘require [Federal Prison Indus- take jobs away from their businesses best as he leaves the Senate and takes tries] to compete commercially for and give them to persons convicted of on new challenges. Federal agencies’ business’’ instead of crimes and serving time in prison, and f having a legally protected monopoly. My bill would ensure that the tax- are justifiably outraged. MEN OF COLOR HEALTH payers get the best possible value for We all want to do what we can to en- INITIATIVE their Federal procurement dollars. If a sure that we make constructive work Mr. KERRY. Mr. President, at this Federal agency could get a better prod- available for Federal prisoners, but the time, I would like to take a moment to uct at a lower price from the private way we are doing it is wrong. As one recognize, encourage, and pay tribute sector, it would be permitted to do so— small businessman in the furniture in- to a comprehensive, new health initia- and the taxpayers would get the sav- dustry put it in testimony at a House tive called ‘‘The Men of Color Health ings. hearing earlier this year: Initiative’’ which was started at the Mr. President, many in both govern- Is it justice that Federal Prison Industries Harvard Street Neighborhood Health ment and industry believe that FPI would step in and take business away from a disabled Vietnam veteran who was twice Center in my State of Massachusetts in products are frequently overpriced, in- wounded fighting for our country and give 1993. This outstanding health service ferior in quality, or both. For example, that work to criminals who have trampled has combined years of careful and I understand that the Veterans Admin- on honest citizens’ rights, therefore effec- thoughtful research with a grassroots istration has sought repeal of FPI’s tively destroying and bankrupting that outreach program that brings to light mandatory preference on several occa- hero’s business which the Veteran’s Adminis- important health care issues such as sions, on the grounds that FPI pricing tration suggested he enter? access to health care for people of Afri- for textiles, furniture, and other prod- Mr. President, my bill would not re- can, Asian and Latino descent through- ucts are routinely higher than iden- strict FPI’s business. It would not re- out Massachusetts and the United tical items purchased from commercial quire FPI to close any of its facilities. States. sources. Most recently, VA officials es- It would not force FPI to eliminate any The Men of Color Health Initiative timated that the repeal of the pref- jobs for Federal prisoners. It would not was inspired by the need to address, in erence would save $18 million over a 4- undermine FPI’s ability to ensure that a comprehensive and culturally appro- year period for their agency alone, inmates are productively occupied. It priate manner, the many health and making that money available for veter- would simply require FPI to compete social issues facing men of color today. ans services. for Federal contracts on the same In 1993, representatives of this program Similarly, the Deputy Commander of terms as all other Federal contractors. embarked upon a statewide study to the Defense Logistics Agency, wrote in That is simple justice to the hard- examine why ethnic minority men did a May 3, 1996, letter to Members of the working citizens in the private sector, S12284 CONGRESSIONAL RECORD — SENATE October 3, 1996 with whom FPI would be required to FPI to designate whose jobs it will Aspen, Colorado on 10–15 August to examine compete. take, and when it will take them. Com- post-Cold War threats presented by the pro- Mr. President, I intended to offer S. petition will be better for FPI, better liferation of weapons of mass destruction 1797 as an amendment to either the for the taxpayer, and better for work- (WMD). Several top U.S. officials, including Commerce, Justice, State Appropria- the Secretary of Defense, attended the ASG ing men and women around the coun- meeting, along with leading experts on weap- tions bill or the omnibus appropria- try. I look forward to working with the ons proliferation from the United States and tions bill. Unfortunately, the Com- administration in the next Congress to other countries. The group reached a general merce, Justice, State Appropriations make reform of Federal Prison Indus- (although not necessarily unanimous) con- bill was never brought to the Senate tries a reality. sensus on several points. floor, and the omnibus appropriations EXHIBIT 1 The ASG believes that the proliferation of weapons of mass destruction constitutes one bill was brought up under an agree- EXECUTIVE OFFICE OF THE PRESI- of the greatest threats the United States ment which permitted no amendments. DENT, OFFICE OF MANAGEMENT faces in the post-Cold War era. Accordingly, AND BUDGET, This parliamentary situation made it controlling WMD proliferation is among our Washington, DC, October 3, 1996. impossible for me to bring S. 1797 be- top national security policy priorities. fore the Senate for its consideration. Hon. CARL LEVIN, Efforts to control WMD proliferation pro- I want to assure Federal Prison In- U.S. Senate, vide a mixture of good news and bad: dustries, however, that this issue is not Washington, DC. Important progress has been achieved in DEAR SENATOR LEVIN: During consider- going to go away. The issue is too im- restraining—even rolling back—nuclear pro- ation of the FY 97 appropriations bill for liferation. The Nuclear Nonproliferation portant to the taxpayers, and too im- Commerce, Justice and State, you had origi- portant to the many small businesses Treaty has been extended indefinitely. The nally proposed a floor amendment incor- nuclear weapons formerly controlled by adversely affected by unfair competi- porating your bill, S. 1797, regarding the Fed- Ukraine, Belarus and Kazakhstan have been tion from Federal Prison Industries, to eral Prison Industries. At the time, the Ad- consolidated in Russian hands. South Africa be ignored. ministration developed a statement regard- has voluntarily dismantled its nuclear arse- Earlier today, I received a letter ing that amendment. Since the amendment nal. Brazil and Argentina terminated their transmitting the administration’s for- was never introduced, no statement was ever nuclear efforts, and North Korea has frozen sent. its weapons program. And, most recently, a mal position on S. 1797. This letter At your request, we are providing you in Comprehensive Test Ban Treaty has been ap- clearly indicates the administration’s this letter with the statement that would agreement that the process by which proved. have been sent. It reads as follows: But new threats have also appeared, and ‘‘The Administration favors reform of Fed- Federal agencies purchase products they appear particularly difficult to control. eral Prison Industries to improve its cus- from Federal Prison Industries needs Russia continues to present a ‘‘loose nukes’’ tomer service, pricing, and delivery while to be reformed. That letter states: problem. Moreover, the dangers of biological not endangering its work program for Fed- and chemical weapons proliferation have be- The Administration favors reform of Fed- eral inmates. The appropriations process is come more acute. Dual use BW and CW tech- eral Prison Industries to improve its cus- not the best way to address this issue. The nology is widely available, and such weapons tomer service, pricing, and delivery while Administration will present reform proposals activities are relatively easy to conceal. not endangering its work program for Fed- for the House and Senate Judiciary Commit- Subnational groups as well as states have eral inmates. . . . The Administration will tees in the next session of Congress.’’ sought (successfully in the case of the Aum present reform proposals for the House and Very truly yours, Senate Judiciary Committees in the next Shinrikyo cult in Japan) to acquire such ca- STEVEN KELMAN, pabilities. Millenarian or terrorist groups, session of Congress. Administrator. I ask that a copy of this letter appear moreover, may not be susceptible to the ra- f tional calculus of deterrents. in the CONGRESSIONAL RECORD imme- The Aspen Strategy Group believes that, diately following my remarks. ASPEN STRATEGY GROUP REC- OMMENDS MEASURES TO RE- while there is no ‘‘silver bullet’’ with which The PRESIDING OFFICER. Without to eliminate threats of WMD proliferation, objection, it is so ordered. DUCE NUCLEAR PROLIFERATION there are a variety of steps that should be (See Exhibit 1.) THREAT taken to lessen current risks. These include: Mr. LEVIN. Mr. President, with this Mr. NUNN. Mr. President, our Nation 1) Enhance Nunn-Lugar Legislation. The letter, the administration has promised faces many national security chal- Nunn-Lugar program was designed to im- to join us in a serious reevaluation of lenges in the post-cold war era. I can prove U.S. security by preventing hostile parties from acquiring the nuclear weapons, the process by which Federal Prison In- think of no greater challenge than the dustries sells its products to other Fed- materials, and technology of the former So- threat posed by the proliferation of viet Union. It has achieved demonstrable re- eral agencies. The heart of that process weapons of mass destruction. The sults. Yet Nunn-Lugar funds have been tar- is, of course, FPI’s mandatory source Aspen Strategy Group, which I chair geted for cuts by congressional appropria- status. The administration has made a along with Ken Dam, is committed to tions committees, and critics cite Russian commitment to present us with a re- providing a bipartisan forum within policies vis-a-vis Chechnya, Bosnia or the form proposal in the next Congress, which to address this and other na- Middle East as grounds for such cuts. and I intend to hold the administration The ASG agreed that the Nunn-Lugar leg- tional security concerns. islation is not a favor to Moscow. Rather, it to that commitment. In August of this year, the Aspen Mr. President, I do not consider my- serves the security interests of the United Strategy Group, which included top States, and it deserves to be fully funded. self to be an enemy of Federal Prison U.S. national security officials and ex- The group urges the Administration to exert Industries. I am a supporter of the idea perts, met in Colorado to discuss our greater efforts to marshall support for this of putting Federal inmates to work. A Nation’s proliferation challenges and legislation, and enjoin Congress to extend to strong prison work program not only policies. I believe the observations it the financial support its success to date reduces inmate idleness and prison dis- from these meetings, as well as the re- warrants. ruption, but can also help build a work 2) Ratification of the Chemicals Weapons sulting ideas and recommendations, Convention. Congressional ratification of the ethic, provide job skills, and enable will enhance our Nation’s understand- prisoners to return to product society CWC is long overdue. While this treaty will ing of these important issues. not eliminate all CW threats, it does provide upon their release. Mr. President, I ask unanimous con- significant benefits—not least the assurance However, I believe that a prison work sent to have printed in the RECORD the that foreign governments will be obligated program must be conducted in a man- Aspen Strategy Group’s recommenda- to monitor terrorist threats. ner that does not unfairly eliminate tions related to the threat of nuclear Some complain about the treaty’s enforce- the jobs of hard-working citizens who proliferation. ment provisions. But the CWC will soon have not committed crimes. FPI will There being no objection, the mate- achieve the ratification by the 65 governments that are required for it to go into ef- be able to achieve this result only if it rial was order to be printed in the diversifies its product lines and avoids fect. The ability of the United States to pro- RECORD, as follows: pose modifications and qualifications to the the temptation to build its work force BIPARTISAN ASPEN STRATEGY GROUP REC- enforcement provisions depends on its being by continuing to displace private sec- OMMENDS PRACTICAL MEASURES TO REDUCE one of the countries ratifying its adoption. tor jobs in its traditional lines of work. NUCLEAR PROLIFERATION THREATS Staying out of the treaty, moreover, could We need to have jobs for prisoners, The Aspen Strategy Group (ASG), chaired place our chemical firms at a commercial but it is unfair and wasteful to allow by Senator Sam Nunn and Ken Dam, met in disadvantage. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12285 Others are concerned that the CWC will These are delicate issues, for they raise appointment, Mr. Bowsher was associ- not cover the most critical cases, i.e., those questions about civil liberties and freedom of ated with Arthur Andersen & Co. Be- in which national governments are deter- the press. Government officials must be par- tween 1967 and 1971, he interrupted his mined to develop chemical weapons and seek ticularly sensitive to these matters in their 25-year career at Arthur Andersen to to evade controls. This may be true, but efforts to address the problem. Yet the media dealing with these cases will require the ef- must begin to develop standards for respond- serve as Assistant Secretary of the fort of international coalitions, and the co- ing to reports of terrorist WMD threats or Navy for Financial Management. operative process of enacting the CWC will attacks. Some discussion between represent- During those years, Mr. President, I facilitate the establishment of such coali- atives of the media and government officials had the privilege of working with tions. The treaty would also establish inter- about how the government and the press deal Chuck Bowsher in my capacity as national norms for compliance and monitor- with each other in a crisis and how press Under Secretary—and later Sec- ing, providing objective goals for these coali- freedoms can be reconciled with a need for retary—of the Navy. His critical work tions. In light of these benefits, the ASG public order and security would be timely as Assistant Secretary earned him the urges the Congress expeditiously to ratify and relevant. Distinguished Public Service Awards the CWC. f (3) Improve federal, state and local capa- from both the Navy and the Depart- bilities to respond to CW and BW attacks. If TRIBUTE TO MARV TEIXEIRA ment of Defense. a foreign state or terrorist group utilized CW Mr. President, the General Account- or BW attacks against our people, the first Mr. REID. Mr. President, I rise today ing Office, or GAO as we call it, is one authorities on the scene will be state and to honor one of Nevada’s leaders, of the least heralded agencies of the local authorities. Thus, cooperation between Mayor Marv Teixeira. For the citizens Federal Government. Congress created federal and local authorities is more impor- of Carson City, he has been a deter- the GAO in 1921 with the mandate to tant than ever, as is cooperation between do- mined and tireless fighter whose efforts audit, evaluate, or investigate vir- mestic law enforcement agencies and na- and achievements will be appreciated tually all Federal Government oper- tional intelligence organizations. for generations to come. The ASG believes the United States, build- ations—wherever they might take ing on the base established by the Nunn- For 7 years, Marv has served as the place. In other words, the GAO serves Lugar legislation and subsequent Nunn- mayor of Nevada’s capital city. With as a watchdog over the taxpayers’ Lugar-Domenici amendments, should under- characteristic good humor and affabil- money—guarding against fraud, abuse, take a more comprehensive effort to develop ity, Mayor Teixeira has fought hard on and inefficient allocation of public and coordinate policies for dealing with BW behalf of the city and State he loves. funds. and CW threats. The initial agenda for such His devoted leadership has made the In its oversight capacity, the GAO a program should include: town he calls ‘‘Nevada’s best kept se- produces in-depth reports at the spe- The development of coordinated inter- cific request of congressional commit- agency and federal/state/local government cret’’ an even better place. plans for responding to a CW and/or BW at- Mayor Teixeira has been instrumen- tees, or on its own initiative. Recently, tack, including the sharing of information, tal in bringing new companies and new GAO reports have served as a non- personnel and equipment; jobs to Carson City. These efforts have partisan factual basis for congressional The review of statutes and other legal in- helped change the face of Carson City debate on issues ranging from health stitutions necessary for effective coopera- to a thriving manufacturing town with care reform and the savings and loan tion between different levels of government old west charm. Mayor Teixeira has crisis to the Federal budget deficit and on this issue; efforts to reinvent government. Mean- The promotion of cooperation between gov- gracefully overseen a city with a grow- ernment authorities in the chemical and ing population and has devoted himself while, the agency continues to monitor pharmaceutical industries to develop meas- to easing Carson’s downtown traffic high-risk government activities that ures to monitor materials that could be used through securing funding for the Car- could lead to major losses from waste, to create chemical and biological agents. son City bypass. His accomplishments fraud, abuse, and mismanagement. (4) Review U.S. policy of ‘‘no first use.’’ as mayor can be seen all over the city, Under Chuck Bowsher’s leadership, With the end of the Cold War and the disinte- from building the centralized city hall the GAO has saved taxpayers billions gration of the Warsaw Pact, one pillar under- and billions of dollars. GAO rec- lying our reluctance to commit to ‘‘no first complex, the senior citizen’s center, and the Pony Express Pavilion to insti- ommendations assist Members of Con- use’’ of nuclear weapons has disappeared. gress and the executive branch in mak- During the Gulf War the Bush Administra- tuting a million dollar downtown beau- tion warned Saddam Hussein that any use of tification project. He activated public ing difficult decisions on the effective chemical or biological weapons would pro- access television in Carson City and use of scarce Federal funds. Over the voke a massive U.S. response—allowing the found funding for a $19 million public past decade, Congress has implemented inference that nuclear weapons might be safety complex. numerous GAO recommendations—in- used. While ASG members held different It is my pleasure to speak today in cluding budget reductions, cost views about the desirability of translating tribute to Marv Teixeira and congratu- avoidances, appropriations deferrals, the Gulf War declaratory policy into a gen- and revenue enhancements—totaling eral principle of U.S. policy, they agreed on late him on his many years of outstanding public service. For the excel- more than $100 billion. Each year, the the importance and timeliness of an official agency issues more than 1,000 written review of this issue. lence with which he performed his job, reports, and its officials testify as (5) Preserve a full-court defense against Nevada owes Marv Teixeira a debt of many as 300 times before congressional Iraqi efforts to acquire WMD. Iraq continues gratitude. to develop weapons of mass destruction in committees. defiance of the international community. f In short, Mr. President, under Chuck Diplomatically, it seeks to initiate United COMMENDING GAO COMPTROLLER Bowsher’s leadership the GAO has done Nations monitoring and remove sanctions. GENERAL CHARLES A. BOWSHER an outstanding job of protecting the The ASG believes that we must not com- taxpayers’ interests while promoting promise on the UN enforcement of sanctions Mr. WARNER. Mr. President, I rise sound fiscal management practices on Iraq or its efforts to monitor Iraqi WMD today to honor one of our Nation’s throughout the Federal Government. I activities. The maintenance of adequate U.S. most dedicated and loyal public serv- urge my colleagues to join me in hon- forces to ensure Iraq’s compliance remains ants, Comptroller General of the Unit- essential. oring a truly exceptional public serv- (6) The role of the media. The ASG urges ed States Charles A. Bowsher. ant who has served this Nation with in- that the media consider its own role in deal- On September 30 of this year, Charles tegrity, dedication, honor, and ing with issues related to weapons of mass Bowsher will complete his term of of- dilligence—the Honorable Charles A. destruction. The widespread availability of fice as Comptroller General of the Bowsher. sensitive information is a significant factor United States and head of the General f in the ability of nations and subnational Accounting Office. groups to develop WMD. The effectiveness of In 1981, President Reagan appointed ENVIRONMENTAL SENSITIVITY IN terrorist groups to employ such weapons for Mr. Bowsher to a 15-year term as THE PIPELINE BILL coercion may depend on media reactions. And, if a real or suspected CW or BW attach Comptroller General of the United Mr. LOTT. Mr. President, last Thurs- should occur, the media response (if it stimu- States. This appointment capped a long day, the Senate passed by unanimous lated public panic) could greatly complicate and distinguished career in both the consent S. 1505, the Accountable Pipe- the efficacy of official actions. public and private sectors. Prior to his line Safety and Partnership Act. I’m S12286 CONGRESSIONAL RECORD — SENATE October 3, 1996 pleased that the following day, the THE VERY BAD DEBT BOXSCORE American veterans. The deceased re- House of Representatives also adopted Mr. HELMS. Mr. President, at the ceive a special service at the wake, and the bill by a significant margin. The close of business yesterday, Wednes- their families are presented with an bill has now been sent to the President day, October 2, the Federal debt stood American flag. This year more than 450 for his signature. at $5,235,509,457,452.56. graves of Arab-American veterans in 15 Mr. President, in the hours leading One year ago, October 2, 1995, the cemeteries in the Boston area were up to House consideration of the bill, a Federal debt stood at $4,987,587,000,000. decorated. Additionally, the associa- concern was raised that a provision in Five years ago, October 2, 1991, the tion maintains a long-established the bill might impact wetlands protec- Federal debt stood at $3,675,035,000,000. scholarship fund that provides annual tion. Ten years ago, October 2, 1986, the $1,000 grants to up to nine students. By way of background, let me say Federal debt stood at $2,125,302,000,000. As the grandson of Lebanese immi- that under current law, the Depart- Fifteen years ago, October 2, 1981, the grants, I take special pride in the ac- ment of Transportation [DOT] is re- Federal debt stood at $994,220,000,000 tivities of the Nicholas G. Beram Vet- quired to identify unusually sensitive which reflects an increase of more than eran’s Association. I salute its mem- environmental areas. Once these areas $4 trillion, $4,241,289,457,452.56, during bers for their five decades of commit- have been identified, DOT is to promul- the past 15 years. ment to their heritage and service in our Nation’s Armed Forces. On behalf gate special rules to minimize the f chances of a liquid pipeline accident in of all my Senate colleagues, I con- these areas. DOT is currently in the HERE’S WEEKLY BOX SCORE ON gratulate the Nicholas G. Beram Veter- process of implementing this provision U.S. FOREIGN OIL CONSUMPTION an’s Association on what I am certain will be a successful anniversary cele- of the law. Mr. HELMS. Mr. President, the bration, and extend my best wishes for In fact, current law does not identify American Petroleum Institute reports future years of continued prosperity. wetlands as one of the areas DOT that for the week ending September 27, should look at when making its identi- the United States imported 6,536,000 f fication of these unusually sensitive barrels of oil each day, 1,258,000 less LOW INCOME HOUSING CREDIT environmental areas. That is why I and than the 7,794,000 imported during the my fellow cosponsors attempted to Mr. WELLSTONE. Mr. President, same week a year ago. Senators MOSELEY-BRAUN and BAUCUS remedy this situation through lan- Nevertheless, Americans relied on guage in S. 1505. The bill directs DOT and I want to call attention to a mat- foreign oil for 50 percent of their needs ter that is very important to the small to include ‘‘critical wetlands’’ in its last week, and there are no signs that consideration. group affected. At the end of my re- the upward spiral will abate. Before the marks I will ask that a letter to HUD Apparently, the use of the term Persian Gulf war, the United States ob- Secretary Henry Cisneros, signed by ‘‘critical’’ has raised a question in tained approximately 45 percent of its myself and Senators BAUCUS and some parts of the environmental com- oil supply from foreign countries. Dur- MOSELEY-BRAUN, be included in the munity as to whether we are attempting the Arab oil embargo in the 1970’s, RECORD. We are asking the Secretary ing to create a new category of wet- foreign oil accounted for only 35 per- to review the criteria for income deter- lands that might undermine other wet- cent of America’s oil supply. mination for the low-income housing lands protection programs carried out Anybody else interested in restoring tax credit and consider using the cri- by the Environmental Protection domestic production of oil—by U.S. teria and standards already in effect Agency or the Corps of Engineers. This producers using American workers? under the low-income guidelines for is just not true. Politicians had better ponder the eco- section 8 of the U.S. Housing Act as in- I want to assure first, the American nomic calamity sure to occur in Amer- come guidelines for the low-income people and second, the environmental ica if and when foreign producers shut housing tax credit. community, that the language of S. off our supply—or double the already Senators BAUCUS and MOSELEY- 1505 is simply intended to give direc- enormous cost of imported oil flowing BRAUN have seen situations in Montana tion to the Department of Transpor- into the United States—now 6,536,000 and Illinois similar to one facing the tation, and its Office of Pipeline Safe- barrels a day. community of Hibbing, MN. Several ty. f years ago, the city of Hibbing orga- In no way are the words intended to nized a development program to pur- have any precedent-setting effect on THE 50TH ANNIVERSARY OF THE chase and restore the historic Androy any other law or agency. In no way are NICHOLAS G. BERAM VETERAN’S Hotel in downtown Hibbing. The hotel the words designed to diminish the role ASSOCIATION was run down and had been abandoned. of DOT to protect the environment and Mr. ABRAHAM. Mr. President, on The rehabilitation was important to the public’s safety in and around pipe- November 16, 1996, the Nicholas G. the city of Hibbing not only because of lines. Beram Veteran’s Association will cele- the history of the Androy Hotel, but Mr. President, I have recently spoken brate its 50th anniversary at a dinner because it symbolically dominates the to all of my cosponsors of S. 1505, and event in Randolph, MA. I regret very downtown area. they too agree with what I have just much that I will not be able to join the The rehabilitated hotel has been con- said. They too share the same interpre- members of this fine organization on structed for much needed senior citizen tation of the words and the intention their special occasion. However, I housing and there has been historic of the legislation. would like to take a few moments to restoration of the hotel ballroom and This language will strengthen the share with the members of this body lobby on the first floor. The low-in- pipeline safety program’s protection of the association’s half-century of his- come housing tax credit program made both the environment, and the public’s tory. some of the funding provided by the safety. The Nicholas G. Beram Veteran’s As- city of Hibbing and a local bank pos- Mr. President, again I want to reit- sociation was founded in 1946 by a sible. erate this language is not intended to small group of Syrian-Lebanese veter- The low-income housing tax credit have any impact outside the pipeline ans from the Boston area. From 25 restricts the use of housing units to safety program. I believe the criticisms charter members this group has grown seniors of a certain income level. Un- aimed at the use of the term ‘‘critical to over 250 veterans; its ranks com- fortunately, because of a unique situa- wetlands’’ are unjustified. I believe it prised of individuals who have served tion, many Hibbing seniors are just is a false canard. their country with distinction in every above the prescribed income level. This Mr. President, I hope this statement military conflict since World War II. is because in Hibbing there is a long clears up any administration mis- The Nicholas G. Beram Veteran’s As- history of saving for retirement due to conception that may exist on this mat- sociation has made commendable ef- the commitment by the iron mining inter. And, I hope the President promptly forts in honoring the service, not only dustry to solid pension programs and signs this legislation. of its own members, but of all Arab- Social Security income for both October 3, 1996 CONGRESSIONAL RECORD — SENATE S12287 spouses. Thus, almost all low-income over 10 years. We worked hard, and we quo, Republicans accusing Democrats seniors in Hibbing who would like to fought a valiant fight. Unfortunately, of attempting to rig a system to pro- move to the Androy are not eligible to we did not succeed. But I am here tect their congressional majorities. do so. today to put the Senate on notice that And not surprisingly, nothing was ac- If the Secretary were to apply dif- the fight is far from over—as a matter complished. ferent income guidelines such as sec- of fact, it is just beginning. But last year, in what one newspaper tion 8 low-income housing guidelines to Our effort is about restoring the called the ‘‘most hopeful and remark- the low-income housing tax credit, the public’s faith in the Congress and the able legislative development in Wash- Androy Hotel and other buildings reha- electoral system. It is about elections ington of 1995’’, three U.S. Senators of bilitated for low-income elderly resi- being won or lost based on idealogy, vastly differing political and philo- dents could be occupied. There is a not fundraising. It is about leveling the sophical ideologies, sat down in a room great need for more affordable housing playing field between challengers and and drafted a comprehensive reform in many communities, particularly for incumbents. And it is about bringing a proposal that was designed to be fair to those on fixed incomes. Many senior dramatic change to the status quo. Democrats, Republicans, liberals and citizens welcome the opportunity to Mr. President, poll after poll dem- conservatives alike. move to facilities for seniors that are onstrates that the public has lost faith We certainly had our differences. I in their own communities. in the Congress. One of the reasons this have long been a supporter of public fi- I ask unanimous consent that our has occurred is because the public be- nancing. The Senator from Arizona be- letter to Secretary of Housing and lieves—rightly or wrongly—that spe- lieves we can encourage candidates to Urban Development Henry Cisneros be cial interests control the political and limit their campaign spending and re- printed in the RECORD. electoral system. In order to limit the duce campaign costs by providing free There being no objection, the letter ability of special interests to control television time to congressional can- was ordered to be printed in the the process, we must enact campaign didates. The Senator from Tennessee is RECORD, as follows: finance reform. one of this Congress’ most ardent advo- OCTOBER 2, 1996. Well, Mr. President, as I stated, we cates of congressional term limits. But Hon. HENRY G. CISNEROS, will continue in our efforts. We will be despite these differences, we also found Secretary, U.S. Department of Housing and introducing a new campaign finance re- we had many commonalities in how we Urban Development, Washington, DC. form bill on the first day of the 105th believe our political system should DEAR MR. SECRETARY: We are writing to Congress. And we will be taking all function. bring to your personal attention some necessary steps to ensure that our bill For example, we each have signifi- unique situations in Illinois, Montana, and is addressed early in the Congress. cant misgivings about the role money Minnesota relating to the use of the low in- During consideration in the 104th plays in our electoral system. We come housing tax credit. Some serious problems have developed with certain facilities Congress, countless hearings were held shared a concern that more and more during the ‘‘rent up’’ phase in projects de- on this matter. I believe we all learned Americans are choosing not to run for signed for senior citizens. a considerable amount from those public office because they lack the ac- Senior citizens were supposed to live in hearings. But as every schoolchild cess to the millions of dollars nec- these housing projects, but the income limits knows, some day you have to move essary to run a competitive campaign. for the elderly populations are the problem. past the classroom, go into the real We were troubled that Americans have Senior citizens are uniquely over income in world, and put what you learned to come to view their elected leaders and these areas in which the projects are located. good use. We are at that stage. representatives with a depth of cyni- The Department of the Treasury has issued a notice explaining that, for purposes of de- Mr. President, as I have often noted, cism not seen since the early 1970’s. termining qualifications as a low income if we do nothing on this matter we in- That is why we put together a pro- housing project, the income of individuals vite the contempt of the American peo- posal that could be supported by Demo- and area gross income will be determined in ple and such contempt is a poison that crats and Republicans alike. That pro- a manner consistent with the determination hurts our democracy. Simply, we must posal, for the first time ever, would of annual income and the estimates for me- act to pass campaign finance reform. have provided congressional candidates dian family income under Section 8 of the In closing, Mr. President, I want to access to low-cost media and postage U.S. Housing Act of 1937. thank Senator THOMPSON and most im- rates in exchange for a candidate’s vol- Therefore, because of the authority which portantly, my good friend, Senator untary compliance with limits on their has been delegated to HUD regarding income determination for the low income tax credit, FEINGOLD, for all they have done on campaign spending. Specifically, can- we would ask that you consider and review this subject. I am deeply grateful to didates would have had to agree to existing criteria and standards already in ef- have them as my comrades-in-arms as three limits: a limit on their overall fect under Section 8 of the U.S. Housing Act we move forward to fight for this need- spending based on the size of their of 1937 to determine if these guidelines pro- ed reform again. State, a strict limit on the amount of vide any relief for these situations. There are Mr. FEINGOLD. Mr. President, I rise personal funds they expend during special factors that create these situations today to join with my colleague and their campaign, and a requirement to in our states and probably others as well. good friend, the senior Senator from raise at least 60 percent of their cam- We would appreciate your review of this issue and look forward to hearing from you. Arizona, to once again urge our col- paign funds from individuals residing Sincerely, leagues on both sides of the aisle to in their home States. CAROL MOSELEY-BRAUN, join us in making a commitment to The proposal had a number of other PAUL WELLSTONE, pass meaningful bipartisan campaign important provisions as well. The bill MAX BAUCUS, finance reform. would have sharply limited the influ- U.S. Senators. Just a few months ago, we had an ab- ence of political action committees. It f breviated but spirited discussion here would have reformed the congressional on the Senate floor about the issue of franking process which has seen its CAMPAIGN FINANCE REFORM campaign reform. The Senator from share of abuse in recent years. It would Mr. McCAIN. Mr. President, before Arizona and I, along with the Senator have restricted the practice of bun- the Senate adjourns and we all go from Tennessee, Senator THOMPSON, dling campaign contributions to cir- home and spend time with our families brought to this floor the first biparti- cumvent contribution limits. It would and our constituents, I wanted to join san campaign finance reform bill in a have provided candidates greater pro- my good friend, Senator FEINGOLD, to decade. tection from independent expenditures discuss the issue of campaign finance The importance of the bipartisan na- and required greater accountability for reform. ture of that effort should not be those who engage in negative advertis- This year, Senator FEINGOLD and glossed over too quickly. For the pre- ing. Senator THOMPSON and myself intro- vious 10 years, the battle over cam- And perhaps most importantly, it duced comprehensive campaign finance paign reform had been marked by par- would have essentially shut down the reform legislation. Our bill was the tisan skirmishes—Democrats accusing soft money system—a system that has first bipartisan effort in this area in Republicans of defending the status shown itself this year to be completely S12288 CONGRESSIONAL RECORD — SENATE October 3, 1996 out of control. Soft money, a term used the 104th Congress. Eighteen months, where so many Republican House Mem- to describe an unregulated and unlim- Mr. President. It was a pretty good bers defied Speaker GINGRICH and voted ited flow of money between the special strategy by our opponents. They knew against a bill that he was so promi- interests and Washington lawmakers, that by waiting so long to schedule de- nently a part of. is severely undermining and com- bate on campaign reform that it would Mr. President, considering that the promising the effectiveness of the Pres- be highly unlikely that there would be Speaker’s point of view was so univer- idential system and is making a mock- enough time in the legislative session sally condemned on the floor of the ery of every single one of the limits we for a proposal to work its way through House, and considering that the have in current law that governs how the legislative process and become law. McCain-Feingold bill received a major- much individuals and entities may con- In the House, the strategy was even ity of votes in this body, I not only tribute to congressional candidates. simpler. They just refused to allow the think that bipartisan campaign finance So what happened here on the Senate bipartisan reform bill modeled after reform is a strong possibility, I think floor last June, Mr. President? After a the McCain-Feingold bill to come up that it is a strong probability. Repub- limited debate we were unable to gain for a vote. By only allowing votes on a licans want it, Democrats want it, in- the 60 votes necessary to overcome a Democratic reform bill and a Repub- cumbents want it, challengers need it, procedural hurdle and cut off a fili- lican reform bill, the House leadership and most importantly, the American buster. But we did receive a remark- guaranteed that no reform bill would people are demanding it. able 54 votes, including several from leave the House alive. I would hope that our other col- our colleagues on the other side of the So rather than throwing any kind of leagues, on both sides of the aisle, will aisle. Let me repeat that, Mr. Presi- knockout punch, the Congress has cho- join the senior Senator from Arizona dent. A strong majority in the U.S. sen to bob and weave around the issue and I in insisting that the 105th Con- Senate voted in favor of advancing the of campaign finance reform. This can- gress address the issue of campaign fi- McCain-Feingold reform proposal. not be allowed to happen in the 105th nance reform in the first 100 days of Some have said that this doomed any Congress, and that is why the Senator the next congressional session. I want hope for campaign finance reform, that from Arizona and I are joining today to to once again thank my colleague and this was the end of the line for this call on our colleagues on both sides of friend from Arizona for his persever- issue. On the contrary Mr. President, the aisle to agree to debate campaign ance on this issue. this is clearly just the beginning for bi- finance reform here on the Senate floor f partisan campaign finance reform. It during the first 100 days of the 105th NATIONAL STUDENT/PARENT took us 3 years to reform our lobbying Congress. It does not matter if Repub- MOCK ELECTION disclosure laws. It took us 3 years to fi- licans retain control of this body or if Mr. HATCH. Mr. President, it is my nally reform the Senate’s rules on the Democrats can reclaim the majority— pleasure to highlight a program that acceptance of lobbyist-provided gifts, campaign reform must be the subject brings a greater comprehension and ap- meals, and vacation junkets. And it of floor debate in the first 100 days of preciation of the democratic process to may take us just as long to see real 1997, regardless of the outcome of the millions of American students from campaign reform enacted into law. elections. kindergarten through high school: the I for one am fully confident that we Mr. President, the campaign finance National Student/Parent Mock Elec- will prevail. We will prevail because it reform landscape has experienced a sig- tion. is becoming increasingly difficult for nificant shift in recent years. When I The benefits of this fine program can- opponents of campaign reform to de- arrived here in 1993 and in the years be- not be underestimated. Students who fend an indefensible system that is fore that, there was certainly a signifi- have participated in the National Stu- crumbling all around them. To suggest cant block of Senators that believed dent/Parent Mock Election report that that the current system is fair, is func- that money had little role in the out- it had a profound effect on them and tional, and is worthy of the voters’ come of elections. They believed that made them aware of the rights and the trust is simply an absurd proposition the embodiment of true political re- responsibilities inherent in their U.S. and no one is buying it. form was to have unlimited campaign citizenship. By stressing the impor- We have already begun to hear some spending coupled with even less regula- tance of voter participation early on, of the numbers coming in and it is be- tion of the entire campaign finance these students gain a greater under- coming clear that the current trend of system. standing of the democratic process, skyrocketing campaign costs will con- Some still cling to that viewpoint, particularly the fact that democracy tinue through the 1996 elections. The Mr. President, but not many. I’d like does not happen by itself. It succeeds distinguished Senator from Arizona to point to a vote on the floor of the only if citizens are informed and par- and I will be back here during the House of Representatives just about 2 ticipate. opening days of the 105th Congress to months ago. On July 25, the House Many of the ‘‘State Election Head- discuss those numbers and to shine a voted on legislation backed by Speaker quarters’’ which collect the votes from spotlight on some of the darkest cor- GINGRICH that had as its foundation the the schools will host spirited mock ners of our political system. Speaker’s view that our campaign sys- ‘‘conventions’’ complete with student Two years ago at this time, my Re- tem is not overfunded as most of us be- ‘‘delegates’’ and ‘‘anchors’’ reporting publican colleagues were touting their lieve, but is in fact underfunded. That the outcomes of the Presidential and Contract With America and the issues legislation, known as the Thomas bill, Congressional elections. Taking part in they hoped to address in the first 100 would have opened up the campaign fi- these events gives students a sense of days of the new Congress. I said it nance system and permitted unlimited political ownership. Students also see countless times then that one issue campaign spending to continue without first hand the work and effort that go that was conspicuously missing from providing any assistance to challengers into a political campaign. that contract was campaign finance re- and not a single reform of the soft State participation in the National form. I was, quite frankly, astonished money process. Student/Parent Mock Election is cru- that although other reform issues were What happened to that bill, Mr. cial. For example, in my own state of mentioned, there was not a single word President? Quite simply, it was obliter- Utah, Governor Michael Leavitt has about what has to be considered the ated on the House floor by a vote of 259 proclaimed October 30 as ‘‘Mock Elec- mother of all reform issues. It was en- to 162. Nearly 70 Republican House tion Day.’’ More than 46,000 Utah stu- tirely omitted from the contract. Members, nearly 70 of them Mr. Presi- dents have registered to vote, doubling Not surprisingly, we did not debate dent, rebelled against the Speaker and voter turnouts from the last election. campaign finance reform in the first voted against his bill. The California Mock Election will 100 days of the 104th Congress. Or the We have seen some amazing things employ a formal voter registration pro- second 100 days. Or the third, or the happen in the other body over the cedure so that students can better un- fourth. In fact, we did not debate cam- course of the last 2 years. We have seen derstand the voting process. Besides paign finance reform here in the Sen- some eye-opening votes over there. But voting for the President and 52 Mem- ate until 18 months after the start of I cannot think of another single vote bers of the House of Representatives, October 3, 1996 CONGRESSIONAL RECORD — SENATE S12289 California students will vote on 3 state- President Clinton, the project will re- past has been broken. And let’s tell it wide propositions dealing with clean ceive $125,000 from the U.S. Depart- like it is: My Republican colleagues water, racial discrimination, and the ment of Education to continue to edu- have decided to grind confirmations to minimum wage. cate students on key issues and the a halt as we head toward the coming In Kansas, a local public broadcast- principles of democracy throughout the Presidential election. ing station plans to air a live town hall school year that begins in September, Currently, there are 63 vacancies on meeting. Candidates for the U.S. House 1997. the Federal bench. of Representatives and the Senate will This year, the Massachusetts Cor- This year, the Judiciary Committee answer questions put to them by poration for Educational Tele- has held only 5 nominations hearings, schoolchildren. communications [MCET] serves as the and reported out only 23 nominees to Those who are interested in partici- Massachusetts Mock Election coordi- fill these vacancies. We should have pating in the Mock Election can call nator. MCET plans to make the Massa- done more. the Mock Election’s toll-free number chusetts Mock Election one of the The Judicial Nominees who were for- (800–230–3349) and may visit the Mock most important mock elections in the tunate enough to pass through the Election’s new Internet Website at Nation. Through the use of new tech- committee this session have been fur- http://allpolitics.com. nologies, MCET will reach a wider au- ther held up here on the floor. Mr. President, it only makes sense dience than ever before and will pro- Not one judge was confirmed before that habits learned young set the vide interactive programming so that July 10 this year and none have been course for adult behavior. Through the students can actually debate the issues confirmed since August 2. Student/Parent Mock Election, young that are important to them—not just As a result, the Senate has confirmed people are hopefully beginning a com- read about them. only 17 district judges and no circuit mitment to responsible citizen involve- A live, interactive broadcast series of judges this session. Seven nominees are ment that they will continue as adults. these programs will be delivered to all currently pending on the floor—three I commend those individuals who have Massachusetts schools via satellite for the district courts and four for the worked so hard to make the National well before the election. The first pro- circuit courts. Student/Parent Mock Election a na- gram will engage students, parents, Some have suggested that shutting tionwide success. and teachers in discussions of election- down the confirmation process is par 1996 NATIONAL STUDENT/PARENT MOCK ELECTION related issues important to students— for the course in an election year. They Mr. KENNEDY. Mr. President, every education and employment. The second are wrong. And let me set the record Member of Congress understands the program will offer students the oppor- straight. importance of elections. We know that tunity to talk to local politicians and George Bush made nearly one-third the votes cast on November 5 will de- others working in politics about what of his 253 judicial nominations in 1992, termine the future leadership and di- it takes to be a leader. The third pro- a Presidential election year. As chair- rection of communities across the gram will be the Mock Election Day man of the Judiciary Committee, I held country, and of the Nation as a whole. coverage on October 30. Massachusetts 15 nominations hearings that year, in- We know that informed voters are the students will cohost all three programs cluding 3 in July, 2 in August, and 1 in essence of our democracy. with Katy Abel of Boston’s Channel 7 September. As citizens across the country focus News. In 1992—the last Presidential election on this year’s elections and its out- The lessons that students and their year—the Senate continued to confirm comes, the National Student/Parent parents learn as participants in the judges through the waning days of the Mock Election is helping young stu- Mock Elections will benefit American 102d Congress. We even confirmed seven dents learn about the importance of politics for years to come. If the next judges on October 8—the last day of the the election process. The Mock Elec- generation of Americans is well pre- second session. tion offers parents and teachers across pared for the challenges of democracy, As a result, the Senate confirmed all the country an opportunity to help stu- our liberties will be in good hands. 66 nominees the Judiciary Committee dents learn about democracy, make de- f reported out that year—55 for the Dis- cisions about key issues, and under- trict courts and 11 for the circuit stand the meaning of the civic respon- SENATE ACTION ON CONFIRMING courts. Let me repeat: This session, sibility on which democracy survives FEDERAL JUDGES only 17 district judges have been con- and thrives. Mr. BIDEN. I’m glad that I have been firmed and no circuit judges have been On October 30, 1996, millions of stu- able to work closely with my Repub- confirmed. dents and parents across the country lican colleagues in a spirit of coopera- And let me say: 1992 was not an off will cast their votes for President, Vice tion on a number of important issues year. To the contrary: It represented President, Senators, Representatives, that have come before the Senate this the Senate’s practices over the last Governors, and local officials as part of year. decade: the National Student/Parent Mock I must say, however, I am dis- In 1988—an election year—we con- Election. In 1992, over 5 million Mock appointed this bipartisan spirit has not formed 42 district and circuit court Election participants cast votes in all allowed us to confirm seven judicial nominees, including 12 judges con- 50 States and Washington, DC. Every nominations remaining on the cal- firmed in October that year. State called in their votes on who endar—all well-qualified people who In 1984—an election year—we con- would win the elections and rec- have had hearings and were reported firmed 43 nominees, including 13 judges ommendations on key national issues favorably by the Judiciary Committee. in October. to the National Mock Election Head- I think that we should stop, right And in 1980—an election year—we quarters, as over 20 million viewers now, and talk about what’s going on confirmed 64 nominees, including 10 watched on television. here. judges on September 29. The 1996 National Student/Parent No one understands better than I the Overall, during the past 16 years, Mock Election is sponsored by Time heat that can be generated over judges since 1980, the Senate has confirmed an Magazine, CNN, Time Warner, Mac- in an election year. But let me set the average of 51 nominees each year. millan/McGraw-Hill, Xerox Corp., Record straight—absolutely straight: Overall, during the last 4 election American Happenings, and Electronic The Senate, under Democratic leader- years, the Senate has done even better, Data Systems, and is also supported by ship, faithfully confirmed Republican confirming an average of 54 nominees an $80,000 grant from the U.S. Depart- Judges in Presidential election years. each year. ment of Education. All year, Republicans have been of- Let me repeat: our track record this The National Student/Parent Mock fering assurances that the Senate session: The Senate has only confirmed Election is an on-going project. In the would continue this bipartisan ap- 17 judges. fiscal year 1997 Omnibus Appropria- proach and put judges through. The Senate has been dragging its feet tions Act, passed by the Senate on But today, it has become crystal despite the undeniable fact that these Monday, September 30, and signed by clear that the bipartisan spirit of the judges are badly needed. The Federal S12290 CONGRESSIONAL RECORD — SENATE October 3, 1996 trial and appellate courts to which we to process 90 percent of the mineral no idea what SLORC goons may be confirm judges apply our Federal laws. patent backlog in five years, which doing within her home, now, a prison. Without a steady supply of judges, may or may not be effective. The Con- But, I want to remind my colleagues these courts cannot enforce our laws. ference Report on H.R. 3610, Depart- of something terribly important that Right now, 12 of the Nation’s 94 Fed- ment of Defense Appropriations Act, this courageous woman has repeatedly eral judicial districts and 5 of the 12 extended the patent moratorium for emphasized—she is not the issue—she circuit courts have judicial emergency fiscal year 1997. In your view has the is only a symbol, a champion for her vacancies—that’s what the Judicial Congress endorsed Secretary Babbitt’s nation’s freedom. Conference of the United States calls actions and his plan? Her cause, her call to us is to restore vacancies that have existed for 18 Mr. MURKOWSKI. Certainly not in democracy to her beleaguered home- months or more. my view. We will review the adequacy land, Burma. These emergency districts had an av- of the Secretary’s plan at the appro- Mr. President, I have come to the erage of 635 criminal case filings in priate time. floor today, once again, to call upon 1995—almost twice the national aver- Mr. CRAIG. I agree, and I note fur- the administration to take decisive ac- age of 355 filings. There average back- ther that the Congress is clearly not in tion to assist Aung San Suu Kyi and log of 4,153 cases exceeds the national a position to ratify or reject the De- her supporters. average of 2,853 cases by 46 percent— partment’s determinations regarding This time, the circumstances are dif- 1,300 cases. individual patent applications which ferent. The President has nominated judges are pending and are identified in the On Monday, when the President for 15 of the 17 emergency courts. Secretary’s report as ‘‘grandfathered,’’ signed the omnibus appropriations bill, Three have received hearings and await or impliedly identified as not ‘‘grand- the foreign operations section included a committee vote, three more are bot- fathered’’ by their absence on the list. provisions setting a new policy course tled up on the floor. Mr. MURKOWSKI. I completely for Burma. This is not the way we should be Although many of my colleagues agree. The legality of the Secretary’s doing business here—and this is most agreed with language I had included in actions, inactions and determinations certainly not business as usual as far the bill which imposed immediate affecting individual patent applicants as I’m concerned. sanctions, the Senate and the foreign will be reviewed, as needed, by the fed- We should put a stop to the politics, operations conferees agreed to a weak- eral courts in accordance with due and confirm these judges today. er position offered by my colleague process law. f Mr. CRAIG. One final concern which from Maine and endorsed by the MINING PATENT MORATORIUM I have is that the Interior Department adminstration. This language, which the administra- may be construing the ‘‘five-year’’ Mr. CRAIG. Mr. President, I would tion supported, required a ban on new schedule to clear the patent backlog as like to engage in a colloquy with the investment under specific conditions. distinguished Chairman of the Energy somehow shielding the Department The administration agreed to move and Natural Resources Committee con- from claims of unreasonable delay by forward ‘‘if the Burmese government cerning a report on mining patents individual patent applicants in the in- has physically harmed, rearrested for that was recently completed by the De- terim. Such a construction would be political acts or exiled Aung San Suu partment of the Interior. clearly contrary to our intent, which Kyi or has committed large-scale re- Mr. MURKOWSKI. Mr. President, I was to keep the patent application pression of or violence against the would gladly engage in such a colloquy processing moving forward. Democratic opposition.’’ with my distinguished colleague, the Mr. MURKOWSKI. I share your con- That’s exactly what the law requires. Chairman of the Forests and Public cern. Such a construction would Ironically, in the case of defining re- Land Management Subcommittee of thwart our purpose entirely. pression, every official I spoke with the Energy and Natural Resources Mr. CRAIG. I thank the distinguished suggested sanction would be invoked if Committee. The senior Senator from Chairman for this colloquy. SLORC took action similar to the May Idaho has worked on mining law re- f offensive—I might add, no one actually form legislation for several Congresses BURMA SANCTIONS believed SLORC would be so ruthless to and is a recognized expert in the area repeat so sweeping and offensive an at- of mining and natural resources. I am Mr. McCONNELL. Mr. President, tack on peaceful democratic activists. pleased to discuss the mining issue over the weekend, more than 500 Bur- Mr. President, in the past this ad- with him. mese citizens were arrested—more than ministration has issued ultimatums to Mr. CRAIG. I thank the Chairman for double the number picked up in an out- SLORC. his kind words. In July, the Energy and rageous sweep back in May. In 1994, Tom Hubbard, then Deputy Natural Resources Committee received And, their crime, Mr. President? Assistant Secretary of State for Asian a copy of a report from the Interior De- Their crime was an effort to partici- Affairs traveled to Rangoon and partment, entitled ‘‘Five Year Plan for pate in a conference on the future of warned SLORC that if we did not see Making Final Determination on Ninety democracy called by Daw Aung San improvements in human rights, democ- Percent of Grandfathered Patent Appli- Suu Kyi, Burma’s legitimately elected racy, and drug trafficking, the United cations Pursuant to Public Law 104– leader. States would take appropriate punitive 134.’’ My subcommittee has not yet Just as discouraging as the arrests is action. fully analyzed the report that address- the action taken against Daw Aung SLORC immediately challenged the es the mineral patent moratorium San Suu Kyi. The street to her home demarche and launched a massive mili- which was enacted originally on Sep- has been cut off by armed guards, and tary attack against ethnic groups gen- tember 30, 1994, for fiscal year 1995, and I understand over 100 troops have been erating more than 80,000 refugees. At- extended through fiscal year 1996 on deployed in and around her compound. tacks in the countryside were matched April 25, 1996. I believe the Appropria- Her weekly addresses to supporters by rounding up democracy advocates in tions Committee received the report as have been cut off. Rangoon. well. Her movements are completely re- America’s response? The administra- Mr. MURKOWSKI. The Energy and stricted. tion looked the other way. Natural Resources Committee received In fact, when I asked if anyone from The next year, Ambassador Albright the report. I am concerned that the re- our embassy had direct contact with traveled to Rangoon and repeated the port appears to provide a partisan jus- her, I was told the phone lines have message and saw virtually the same re- tification for Secretary Babbitt’s var- been cut along with access to her sults—massive detentions, torture, and ious actions and inactions regarding home. arrests—a complete rejection of our the mineral patenting process since So, at this moment, as I speak, there concerns and interests. 1993. is no certainty as to her physical well- Now, we are faced with the worst de- Mr. CRAIG. I share your concern, and being—we have no idea what condition terioration of the internal situation I note that the report provides a plan Daw Aung San Suu Kyi is in—we have since the stolen elections in 1990. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12291 SLORC has accused Aung San Suu Mr. President, once again Congress White House. The Inaugural Ceremony Kyi of collaborating with outside prepares for an inauguration of a Presi- resumed at the Capitol with Harry Tru- groups and foreign embassies against dent of the United States. This was the man’s ceremony in 1949. the interests of Burma. Senior officials initial responsibility that faced the Ronald Reagan’s inauguration on have denounced the legislation just First Congress. When the Senate estab- January 20, 1981, saw the ceremonies signed into law—there is no question lished its first quorum on April 6, 1789, shift to the Capitol’s West Front, the recent events reflect SLORC’s deci- Congress was the only functioning where the terraces served as the inau- sion to directly challenge America’s branch of the Federal Government; the gural platform and where even larger commitment to democracy and its executive and judicial branches did not crowds could be accommodated down champions so obviously under siege. yet exist. On April 6, Members of the the Mall. Frigid weather in 1985 forced This time, SLORC is challenging Senate and House of Representatives President Reagan’s second inaugura- more than an ultimatum issued in a met in the Senate Chamber to count tion indoors into the Capitol Rotunda. meeting of State Department offi- the electoral ballots and declare Between Inaugurations, nine individ- cials—this time the junta is challeng- George Washington elected president. uals have taken the presidential oath ing American law. They dispatched messengers to notify of office elsewhere. Following the There are few countries I can identify General Washington at Mount Vernon. death or resignation of presidents, vice these days with regimes so repugnant, On April 9, the Senate appointed a presidents were sworn into office at the unjust, and ruthless as SLORC. committee ‘‘to make the necessary ar- White House, in a Washington hotel, a They represent a direct and dan- rangements for receiving the Presi- New York City brownstone, a Vermont gerous threat not only to their own dent’’ and to meet with any committee farmhouse, and aboard Air Force One. citizens but ours as well. that the House appointed for such pur- Gerald R. Ford assumed the Vice A few weeks ago, I was sent photo- poses. Those committees, which re- Presidency under the 25th amendment ported their plan for the inauguration graphs of senior SLORC military intel- to the Constitution on the resignation on April 25, were the precursor of to- ligence officers enjoying a meal with of Vice President Spiro Agnew and day’s Joint Congressional Committee Khun Sa, the region’s most notorious Ford was sworn in as President August opium warlord. on Inaugural Ceremonies. Every four years since Congress has 9, 1974 on the resignation of Richard M. These pictures would convince even Nixon. the most singleminded SLORC business held presidential inaugural ceremonies. On April 30, 1789, President Washington I ask unanimous consent that a press crony that doing business with SLORC release which documents the members is subsidizing and doing business with took his oath on a balcony at Federal Hall, where Congress was then meeting of the Committee and their official ac- drug traffickers—and even oil compa- tions in the first Committee organiza- nies with so much on the line in in New York City. By 1793 Congress had moved to Congress Hall in Philadel- tional meeting and the text of Senate Burma, have to recognize that those Concurrent Resolutions 47 and 48, au- kind of relationships are not in Ameri- phia, and Washington took his oath this time in the Senate Chamber. Four thorizing the Committee and inaugural ca’s interests. arrangements, be printed in the Mr. President, I understand the NSC years later, John Adams’s inaugural RECORD. will convene a deputies meeting today occurred in the larger House Chamber. There being no objection, the mate- at 3 to review options for Burma. In 1800 the Federal Government trans- rial was ordered to be printed in the No doubt one of the options will be a ferred to its permanent home in Wash- RECORD, as follows: ban on visas. Let me make clear to ington, DC, and on March 4, 1801, anyone in the administration listen- Thomas Jefferson became the first JOINT LEADERSHIP ELECTS WARNER TO ing—such a step is not enough. president inaugurated in the U.S. Cap- INAUGURAL POST When we were in conference on the itol Building. That ceremony took Senator John Warner has been elected foreign operations bill, the administra- place in the Senate Chamber (now re- chairman of the Joint Congressional Com- tion pledged to issue a Presidential stored as the Old Supreme Court Cham- mittee on Inaugural Ceremonies, the com- ber). James Madison was sworn into of- mittee created by Congress every four years order banning visas to SLORC officials to oversee the inauguration for the President if we would agree to modify our lan- fice in the new House Chamber in 1809 of the United States. guage making such an action manda- and again in 1813. After British troops In addition to Warner’s selection, the com- tory. We did and we expect the admin- burned the Capitol in 1814, James mittee decided to hold the 53rd inauguration istration to live up to this commit- Monroe’s inauguration in 1817 was held on the West Front of the Capitol. The inau- ment which was made long before the across the street, in front of the tem- gural will take place January 20, 1997. actions taken this weekend. porary Capitol building, on the present In keeping with tradition, Warner’s nomi- Nothing short of fulfilling the addi- site of the Supreme Court. These were nation was put forward by Senate Demo- tional obligations spelled out in law the first inaugural ceremonies per- cratic Whip Wendell Ford, D–Ky., and sec- formed outdoors. Poor weather forced onded by Senate Majority Leader Trent will meet the test our Nation and our Lott, R–Miss. In addition to Lott and Ford, credibility face today in Burma. the inauguration back indoors in 1821, other members are: Speaker of the House Democracy is under siege—meaning- but since Andrew Jackson’s inaugura- Newt Gingrich, R–Ga., House Majority Lead- ful support and time are running out— tion in 1829, the ceremonies generally er Richard Armey, R–Tex. and House Minor- lives are on the line. I urge the Presi- have been conducted outdoors to ac- ity Leader Richard Gephardt, D–Mo. dent to take swift action to save a na- commodate growing numbers of citi- Senator Warner is the first Virginian to tion, its people, and American honor. zens wishing to attend. chair the Joint Inaugural Committee since f From 1825 until 1977 presidential in- 1945, when Senator Harry Byrd, Sr., D–Va., augurations took place on the East chaired the panel. INAUGURAL CEREMONIES Front of the Capitol, where large plat- Historically, the Joint Inaugural Commit- Mr. WARNER. Mr. President, on Sep- forms were erected on the steps leading tee is formed the year prior to the Congres- sionally-hosted ceremonies, and ceases oper- tember 19, 1996, the Joint Congres- to the Rotunda. At first these cere- ation after the ceremonies conclude. The sional Committee on Inaugural Cere- monies were held on March 4th. The committee, which was authorized March 20, monies organized to prepare for the adoption of the Twentieth Amendment is charged with the planning and execution next congressionally hosted inaugura- to the Constitution in 1933 advanced of all inaugural activities at the U.S. Cap- tion. the date to January 20th. Franklin D. itol, including the swearing-in ceremony and It is appropriate now, as we prepare Roosevelt became the first to take his the traditional inauguration luncheon that to adjourn less than four months away oath under this amendment, on Janu- follows. from Inauguration Day 1997, to reflect ary 20, 1937. Roosevelt’s first three During the meeting, Warner announced on the historic arrangements Congress inaugurals took place at the Capitol, that former Assistant Secretary of Com- merce for Oceans and Atmosphere Jennifer has made to ensure that this confirma- but in 1945, while the National was still Joy Wilson, will be executive director of the tion of the voters’ will is carried out engaged in the Second World War, Roo- committee. Wilson also served as chief of publicly as our electoral cycle is com- sevelt overruled congressional objec- staff to former Virginia Republican Gov. pleted. tions and took the oath of office at the John Dalton. S12292 CONGRESSIONAL RECORD — SENATE October 3, 1996

S. RES. 47 of the Comprehensive Plan of Action, and on FY 1997 with Federal refugee resettlement Resolved by the Senate (the House of Rep- the significant accomplishment in bringing assistance under the Amerasian immigrant resentatives concurring), That a Joint Con- this historic program to an end. We believe admissions program, as provided below. gressional Committee on Inaugural Cere- that, after 20 years and 1.2 million persons The 78,000 funded admissions shall be allo- monies consisting of 3 Senators and 3 Rep- resettled, the close of the Southeast Asian cated among refugees of special humani- resentatives, to be appointed by the Presi- and the Amerasian programs is appropriate, tarian concern to the United States as de- dent of the Senate and the Speaker of the and expect that the ‘‘ROVR’’ initiative, by scribed in the documentation presented to House of Representatives, respectively, is au- which a number of the remaining Vietnam- the Congress during the consultations that thorized to make the necessary arrange- ese may be considered for U.S. resettlement, preceded this determination and in accordance with the following regional allocations; ments for the inauguration of the President- will fit within the 10,000 numbers allocated provided, however, that the number allo- elect and Vice President-elect of the United to Southeast Asia. cated to the East Asia region shall include States on the 20th day of January 1997. We can foresee fast-moving refugee situa- persons admitted to the United States dur- S. RES. 48 tions developing in Bosnia and Iraq. We trust that the Administration will maintain close ing FY 1997 with Federal with Federal refu- Resolved by the Senate (the House of Rep- contact with the Congress regarding its gee resettlement assistance under section 584 resentatives concurring), That (a) the rotunda plans in these areas. When significant num- of the Foreign Operations, Export Financing of the United States Capitol is hereby au- and Related Programs Appropriations Act of bers of former residents return to Bosnia, for thorized to be used on January 20, 1997, by 1988, as contained in section 101(e) of Public example, serious instability could quickly the Joint Congressional Committee on Inau- Law 100–202 (Amerasian immigrants and ensue. Similarly, the situation in Iraq could gural Ceremonies (the ‘‘Joint Committee’’) their family members); provided further that change dramatically at any moment. Such in connection with the proceedings and cere- the number allocated to the former Soviet changes might necessitate the use of Emer- monies conducted for the inauguration of the Union shall include persons admitted who gency Refugee and Migration Assistance President-elect and the Vice President-elect were nationals of the former Soviet Union, (ERMA) or other emergency measures. of the United States. or in the case of persons having no national- We commend the Administration for act- (b) The Joint Committee is authorized to ity, who were habitual residents of the ing rapidly to move 2,100 Iraqis who have utilize appropriate equipment and the serv- former Soviet Union, prior to September 2, worked closely with this country and the ices of appropriate personnel of departments 1991: United Nations in northern Iraq out of and agencies of Federal Government, under Africa ...... 7,000 harm’s way. We urge that the Administra- arrangements between such Committee and East Asia ...... 10,000 tion consider the safety of those Kurdish em- the heads of such departments and agencies, Europe ...... 48,000 ployees of American non-governmental orga- in connection with such proceedings and Latin America/Caribbean ...... 4,000 nizations working in Iraq. ceremonies. The Joint Committee may ac- Near East/South Asia ...... 4,000 We share your commitment to strengthen- Unallocated ...... 5,000 cept gifts and donations of goods and serving U.S. refugee admissions and assistance ices to carry out its responsibilities. The 5,000 unallocated federally funded programs consistent with the guiding prin- numbers shall be allocated as needed. Unused f ciples set forth in the Refugee Act of 1980. admissions numbers allocated to a particular ANNUAL REFUGEE CONSULTATION We continue to believe that the United region within the 78,000 federally funded ceil- States should do its share in providing reset- ing may be transferred to one or more other Mr. SIMPSON. Mr. President, in ac- tlement opportunities to true refugees who regions if there is an overriding need for cordance with the Refugee Act of 1980, cannot safely return home nor stay in the re- greater numbers for the region or regions to I ask unanimous consent to have print- gion of first asylum. We strongly support the which the numbers are being transferred. ed in the RECORD a copy of a letter to need to contribute our fair share to life-sav- You are hereby authorized and directed to the President dated September 30, 1996, ing assistance programs. Such programs pro- consult with the Judiciary Committees of the Congress prior to any such use of the and signed by Senator KENNEDY as vide assistance to so many more refugees unallocated numbers or reallocation of num- ranking member and by me as chair- that the resettlement of the much smaller numbers who have no other option and are of bers from one region to another. man of the Subcommittee on Immigra- special humanitarian concern to the United Pursuant to section 2(b)(2) of the Migra- tion of the Judiciary Committee, and a States. tion and Refugee Assistance Act of 1962, as copy of Presidential Determination 96– We support your proposal for sufficient amended, 22 U.S.C. 2601(b)(2), I hereby deter- 59, concerning refugee admissions for funds to provide cash and medical assistance mine that assistance to or on behalf of per- fiscal year 1997. to eligible refugees during their first eight sons applying for admission to the United months after arrival here. States as part of the overseas refugee admis- There being no objection, the letter sions program will contribute to the foreign was ordered to be printed in the We concur with your proposal to admit 78,000 refugees in FY97. policy interests of the United States and des- RECORD, as follows: Most sincerely, ignate such persons for this purpose. An additional 10,000 refugee admissions U.S. SENATE, EDWARD M. KENNEDY, numbers shall be made available during FY COMMITTEE ON THE JUDICIARY, Ranking Member, Sub- 1977 for the adjustment to permanent resi- Washington, DC, September 30, 1996. committee on Immi- dent status under section 209(b) of the Immi- The President, gration. gration and Nationality Act (8 U.S.C. 1159(b)) The White House, ALAN K. SIMPSON, Washington, DC. of aliens who have been granted asylum in Chairman, Subcommit- the United States under section 208 of the DEAR MR. PRESIDENT: Under the provisions tee on immigration. of the Refugee Act of 1980, members of the Act (8 U.S.C. 1158), as this is justified by hu- Committee on the Judiciary have now con- manitarian concerns or is otherwise in the THE WHITE HOUSE, national interest. sulted with your representatives on the pro- Washington, September 30, 1996. posed admission of refugees for Fiscal Year In accordance with section 101(a)(42)(B) of PRESIDENTIAL DETERMINATION NO. 96–59 the Act (8 U.S.C. 1101(a)(42)) and after appro- 1997. We note that refugee numbers continued a Memorandum for the Secretary of State: priate consultation with the Congress, I also gradual downward trend. We would comment Subject: Presidential Determination on FY specify that, for FY 1997, the following per- that the 78,000 figure, while technically cor- 1997 Refugee Admissions Numbers and sons may, if otherwise qualified, be consid- rect as to refugee admissions, does not re- Authorizations of In-Country Refugee ered refugees for the purpose of admission to flect the Cuban entrants, who for all intents Status Pursuant to Sections 207 and the United States within their countries of and purposes are treated as refugees. We be- 101(a)(42), Respectively, of the Immigra- nationality or habitual residence: tion and Nationality Act, and Deter- a. Persons in Vietnam lieve that it would be helpful in future years b. Persons in Cuba if the reports of State, HHS, and INS in- mination Pursuant to Section 2(b)(2) of c. Persons in the former Soviet Union cluded information on the admission of the Migration and Refugee Assistance You are authorized and directed to report Cuban—and other—entrants, as well as refu- Act, as Amended. this determination to the Congress imme- gees. We believe that would provide both a In accordance with section 207 of the Immi- diately and to publish it in the Federal Reg- clearer and more realistic picture of the gration and Nationality Act (‘‘the Act’’) (8 ister. overall admissions process. U.S.C. 1157), as amended, and after appro- WILLIAM J. CLINTON. priate consultation with the Congress, I We are hopeful, as well, that next year’s f report will include a discussion of refugee hereby make the following determinations welfare dependence in its ‘‘analysis of the and authorize the following actions: The ad- LENDER LIABILITY PROVISIONS IN anticipated social, economic, and demo- mission of up to 78,000 refugees to the United THE OMNIBUS APPROPRIATIONS graphic impact’’ of proposed refugee admis- States during FY 1997 is justified by humani- BILL sions, and the steps that are undertaken to tarian concerns or is otherwise in the na- move refugees to self-sufficiency. tional interest; provided, however, that this Mr. LAUTENBERG. Mr. President, We want to congratulate the Administra- number shall be understood as including per- earlier this week we passed the omni- tion on its role in the successful completion sons admitted to the United States during bus appropriations bill. Included in October 3, 1996 CONGRESSIONAL RECORD — SENATE S12293 that bill are provisions that clarify residential homeowners, de minimis Four specific actions suggest that lender liability issues under Superfund. and de micromis parties, and others. Mr. Shapiro played ball with the White These are important provisions that Such clarifications and expressions of House: make it clear that lenders that do not prosecutorial discretion have served to Issue 1. On July 16, Shapiro gave a participate in management are not lia- reduce litigation and given the regu- heads-up to the White House about ble under Superfund or the under- lated community and others clarity what was found in Craig Livingstone’s ground storage tank provisions of over questions of liability. FBI background file by the staff of the RCRA. Mr. BAUCUS, is it correct that the House Government Reform and Over- It is also important, however, that lender liability provisions in the omni- sight Committee. The chairman had we clarify a critical aspect of these bus appropriations bill are intended to been invited to review the Livingstone provisons. First, you and I are aware of reaffirm EPA’s ability to issue such in- file by Director Freeh. But before the the colloquy in the CONGRESSIONAL terpretative guidance? chairman arrived, Mr. Shapiro notified RECORD of September 30, 1996, between Mr. BAUCUS. Yes, that is my under- the White House of a politically explo- Senators SMITH and D’AMATO regarding standing of the intent of the lender and sive item contained in the file. the Asset Conservation, Lender Liabil- fiduciary liability provisions. In the file, it was discovered that an ity, and Deposit Insurance Protection FBI agent had interviewed former f Act of 1996. The colloquy seems to sug- White House Counsel Bernard Nuss- gest that under the bill, EPA has no ON THE POLITICIZATION OF THE baum. The agent’s notes say that Nuss- authority whatsoever to promulgate FBI BY FBI GENERAL COUNSEL baum reported the First Lady was in- regulations on CERCLA liability. That HOWARD SHAPIRO strumental in hiring Mr. Livingstone. was not my understanding of the intent Mr. Livingstone is one of two central of the lender and fiduciary provisions. Mr. GRASSLEY. Mr. President, on players in the Filegate affair. One of My understanding is that our inten- September 25, the Judiciary Commit- the important, unanswered questions tion was to substantially endorse tee held a hearing about the White is, who hired him and why. Clearly, the EPA’s addressing of lender liability House and FBI files matter. I attended information had relevance to the inves- under Superfund in its 1992 lender li- that hearing for the testimony of Mr. tigation. ability rule, and to validate EPA’s Craig Livingstone. However, I was nec- But the effect of Mr. Shapiro’s heads- prior exercise of rulemaking authority essarily absent for the testimony of up was to alert the White House dam- for lenders and fiduciaries. Addressing FBI General Counsel Howard Shapiro. age control operation. That way, ev- lender liability specifically in this bill I was unable to make my comments eryone could get their stories straight was necessary because, in 1980, Con- a part of that record. However, I am before being interviewed. Sixteen peo- gress did not foresee how its original compelled to make them a part of the ple under investigation, and/or their language, protecting security interest RECORD of this body. This is an ex- attorneys, and/or members of the dam- holders from liability, would be inter- tremely important issue, in my view. age control team knew about the item preted. Congress also could not have And it begs the attention of all of my before the Chairman of the Committee foreseen the restrictive view in Kelley colleagues. could read the file. This includes a wit- v. EPA, 15 F.3d 1100 (D.C. Cir. 1994), of Allegations have been made against ness about to go before a federal grand EPA’s authority to issue rules inter- Mr. Shapiro that he has been too cozy jury. preting Superfund authority. The om- with the Clinton White House. I’d like Mr. Shapiro claims his purpose for nibus appropriations bill specifically to remind my colleagues that when law the heads-up was to make sure both addresses and modifies the earlier in- enforcement plays footsie with the sides were equally apprised. It was his terpretations of the original language. White House, law enforcement deci- effort to appear neutral. However, Mr. Should new circumstances again arise sions become political. And that can Shapiro managed to achieve the oppo- concerning interpretations of lender lead to a gross abuse of the powers of site of his stated intention. He gave ev- and fiduciary liability, we believe and law enforcement. Civil liberties can be eryone being investigated a heads-up. it is our intent that EPA has the au- trampled on, and the pursuit of justice That’s a fact. The investigators were thority to clarify and refine the liabil- can be frustrated. the last to know. That’s also a fact. If ity rules applying to lenders and fidu- After the White House travel office Mr. Shapiro were really being neutral, ciaries. firings, the FBI was accused of allow- he would have refrained from doing Mr. BAUCUS, is it correct that nothing itself to be politicized. Bureau Di- anything. Instead, he gratuitously ap- ing in the lender liability provisions in rector Louis Freeh said he would put pointed himself referee and inserted the omnibus appropriations bill, pre- an end to even the appearance of a cozy himself in the middle of three inves- cludes EPA from issuing rules to clar- relationship. He said, ‘‘I told the Presi- tigations. Now, as a result, his actions ify and refine the rules applying to dent that the FBI must maintain its and judgment must be called into ques- lenders and fiduciaries? independence and have no role in poli- tion. Mr. BAUCUS. Yes, what you have ex- tics.’’ Mr. Freeh understands the neces- Just one month prior to this—on pressed is my understanding of the in- sity of keeping a wall between politics June 14—this very same Howard Sha- tent of Congress in enacting this legis- and law enforcement. piro personally authored the FBI’s own lation. But, Mr. President, many of us in the review of the files matter. That review Mr. LAUTENBERG. That earlier col- Congress are not convinced that Mr. vowed that the FBI never would be loquy also talked about a recent opin- Freeh has reconstructed that wall. ‘‘victimized’’ again by the White ion of the U.S. Court of Appeals for the Questions arise because of specific ac- House. In my judgment, that hollow District of Columbia, Kelley v. EPA, 15 tions taken in the Filegate matter by promise was broken barely a month F.3d 1100 (D.C. Cir. 1994), reh’g denied, his general counsel. Mr. Shapiro is Di- later. 25 F.3d 1088 (D.C. Cir. 1996). I think it is rector Freeh’s hand-picked counsel. In Issue 2. Mr. Shapiro also gave the important that we avoid any misunder- the wake of the allegations, Mr. Freeh White House an advance copy of the standing, based on that case, concern- has expressed confidence in Mr. Sha- Gary Aldrich book. That’s the con- ing EPA’s authority to issue rules. The piro, much as he did with agent Larry troversial and revealing book written Kelley decision struck down EPA’s Potts. Mr. Potts was involved in the by the FBI agent who formerly inves- original lender liability rule, but this disaster at Ruby Ridge. tigated the backgrounds of White legislation recognizes EPA’s authority The sum of Mr. Shapiro’s actions House employees. Mr. Shapiro gave the to promulgate rules in this area. This greatly benefited the subjects of con- advance copy to the White House dam- is consistent with our general intent gressional and independent counsel in- age control outfit. That way, the White that EPA should use its expertise to vestigations; that is, present and House could prepare ahead of time its issue authoritative interpretations of former White House employees. At the vitriolic attack-responses against Mr. CERCLA, whether by guidance or regu- same time, Mr. Shapiro’s actions may Aldrich once the book was published. lation. For example, EPA has issued have done much harm to the investiga- Mr. Shapiro’s stated reason for this guidances pertaining to the liability of tions. heads-up was he was concerned the S12294 CONGRESSIONAL RECORD — SENATE October 3, 1996 book might reveal sensitive White defending the FBI, he has to defend his changes made in the criminal alien House security information. Yet, in a own actions. This conflict now allows provisions of the Senate immigration letter dated September 18 from White the public to question his motives and bill when the House and Senate con- House counsel Jack Quinn to Chairman the plausibility of his explanations. ferees adopted the conference report on WILLIAM CLINGER regarding the matter, Finally, Mr. Shapiro took this action H.R. 2202, the Illegal Immigration Re- Mr. Quinn mentions no such issue. without consulting the independent form and Immigrant Responsibility Rather, Quinn says the issue was ‘‘the counsel, and despite the Attorney Gen- Act of 1996. These provisions are in- integrity of the Bureau’s background eral’s June 20 announcement that concluded in this omnibus appropriations investigation process.’’ It wasn’t sen- tinued involvement in this matter by measure. I know Senator HATCH was sitive White House security matters at the FBI would constitute a conflict of deeply involved in the development of all. interest. the section on criminal aliens, as a In addition, when asked for the first Issue 4. A July 25 letter from Mr. conferee on this legislation. time about giving the Aldrich book to Quinn to the FBI Director was first First, I would like to ask about a the White House, Shapiro described the read to Mr. Shapiro over the phone to change made to the exception to man- exchange as a much more casual event. get his opinion as to the tone and some datory detention for criminal aliens. On July 30, he was deposed by the editorial content of the letter. That Section 303(a) of the conference report House committee. On page 82 of his letter was highly political, attacking would add to the Immigration and Na- deposition, Shapiro says, ‘‘Well, I the credibility of some FBI agents, and tionality Act a new section providing called and advised Jack Quinn that also attacking the chairman of a stand- for mandatory detention of criminal there was a book in draft that had been ing committee of the U.S. House of aliens by the Attorney General prior to given to us to review that * * * based Representatives in the performance of deportation or exclusion, which was already required under the Anti-terror- on our prior experience we could not his oversight responsibilities. That ism and Effective Death Penalty Act ensure would not be published before hardly shows an arm’s-length relation- signed into law earlier this year. That we completed our review of it. And I ship between the White House and the section in the conference report also believe, if my recollection is correct, FBI in the midst of this political con- includes a provision permitting release that I asked him if he wanted to have frontation. in extremely narrow circumstances— Mr. Shapiro has responded to each of a copy of it.’’ Mr. Shapiro goes on to specifically, only for criminal aliens these issues. It’s on the record, for ev- say he didn’t discuss the contents of who qualify for the Witness Protection eryone to see. the book with Mr. Quinn. Program under section 3521 of title 18, This is how I see it, Mr. President. I have reviewed that record. In my United States Code, in the discretion of First, Mr. Shapiro provided the book to view, Mr. Shapiro’s explanations ring the Attorney General. I would like to the White House as a courtesy. Then he empty. The inescapable conclusion is, ask the Senator if this section, new discovered his action came under scru- he’s been playing footsie with the section 236(c)(2), requires that the tiny. It was highly controversial. Once White House. At the very least, there’s criminal alien actually be admitted to again, he was accused of playing a clear-cut appearance problem. Nei- the Witness Protection Program, under footsie with his contracts at the White ther is good for the FBI’s image or for section 3521 of title 18, before being eli- House. So he rationalized what he had the public’s confidence in the Bureau. gible for release? done by inventing the story of sen- I look at the results, not the expla- Mr. HATCH. Yes. The criminal aliens sitive White House security informa- nations. The results are, what he did may be released from custody only if tion being at the heart of his concern. helped those being investigated. What the Attorney General has accepted the Frankly, I don’t buy it. It isn’t he did interferred with the investiga- alien into the Witness Protection Pro- backed up by Mr. Quinn, and it isn’t tions. That’s my interpretation. And gram. That is reflected in the statu- backed up by Mr. Shapiro’s own testi- that’s a fair interpretation because he tory language specifically providing mony when he was first asked about it. inserted himself into these matters. He that the release provision applies ‘‘only Furthermore, isn’t it fair to assume appointed himself a referee in the if’’ the Attorney General makes a de- that, if Mr. Shapiro is sincere about his arena of politics. And frankly, that termination pursuant to section 3521 of motives, he would have sent a copy of gives the FBI a black eye, and it fur- title 18, United States Code to accept the Aldrich book to the Secret Service ther erodes the confidence the public an alien into the Witness Protection since it is responsible for sensitive has in the Bureau. Program. White House security matters? As a senior member of the Judiciary Mr. ABRAHAM. Then, the release Issue 3. On July 16, Mr. Shapiro au- Committee, and chairman of its over- criteria regarding the criminal alien’s thorized two FBI agents to pay a visit sight subcommittee, this Senator can safety to the community, the severity to Agent Dennis Sculimbrene upon no longer have confidence in Mr. Sha- of the offense, and the criminal alien’s Shapiro’s discovery of the controver- piro’s impartiality. I do not have con- likelihood of appearing for deportation sial information found in Mr. Living- fidence that he will discontinue this proceedings are to be applied after the stone’s FBI background file. Mr. cozy relationship with the White alien has been accepted to the witness Sculimbrene was the agent who had House. protection program? prepared the Livingstone file. White I note the many credible voices in Mr. HATCH. Yes. Those criteria are House officials were questioning the both bodies of Congress calling for Mr. intended to limit the circumstances in accuracy of the file. As a consequence, Shapiro’s resignation. This Senator has which criminal aliens who have been Mr. Shapiro took it upon himself to reserved judgment on that question. It admitted to the Witness Protection once again referee the situation. He is my intention to thoroughly review Program may be released. The statu- sent the two agents to Sculimbrene to the complete hearing record, together tory language in new section 236(c)(2) clarify the discrepancies. Later that with Mr. Shapiro’s responses to my and clearly provides that those are addi- day, Sculimbrene’s work station was others’ follow-up questions. Upon com- tional limits on the Attorney General’s also searched by FBI agents. pletion of that review, I will come to release authority. The fact that a The problem with this action by Sha- my own conclusion as to whether or criminal alien has been admitted to piro is that it could be seen as intimi- not Mr. Shapiro can continue to fulfill the program is not alone sufficient to dation of an agent at the behest of his responsibilities in a credible and justify releasing that alien. In order to White House officials. Moreover, in the impartial manner. release the alien, the Attorney General process of sending these agents, Sha- f must also be satisfied that the alien piro created at least the appearance of will not pose a danger to the safety of a conflict of interest for himself. As DETENTION AND 212(c) WAIVERS other persons or of property, is likely General Counsel, he inserted himself FOR CRIMINAL ALIENS PROVI- to appear for any scheduled proceed- into an operational matter. On that SIONS OF H.R. 2202 ings, and the Attorney General is re- part of the operation, he could no Mr. ABRAHAM. Mr. President, I quired to give due consideration to the longer be an independent, impartial would like to ask the chairman of the severity of the offense committed by legal advisor to the Director. Instead of Judiciary Committee to clarify a few the alien. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12295 Mr. ABRAHAM. The Senate Immi- for which 212(c) review was barred in age of criminal aliens we expect Immi- gration bill included a somewhat dif- the Terrorism Act. Second, there was gration Judges to use their discretion ferent set of criteria for the release of some concern that there might be cer- under this new section only in unusual criminal aliens prior to deportation, tain rare circumstances we had not cases involving exceptional immi- permitting release only for aliens who contemplated, when removal of a par- grants whose criminal records consist are cooperating with law enforcement ticular criminal alien might not be ap- only of minor crimes committed many authorities or for purposes of national propriate. For example, an alien with years ago.We expect that to be the case security, in the Attorney General’s one minor criminal conviction several under these new provisions. sole and unreviewable discretion. Could decades ago, who has clearly reformed Mr. ABRAHAM. If the limited res- you explain the purpose of this change? and led an exemplary life and made toration of section 212(c) relief does not Mr. HATCH. The conference report great contributions to this country, we include reasonable limitations on its provision is intended to limit the con- believed ought to retain eligibility for use, I will be prepared to work with my ditions for release permitted in the a waiver of deportation or exclusion. colleagues to address that problem. Is Senate bill to those necessary to serve Mr. ABRAHAM. So, 212(c) relief—or my understanding correct that you too the purposes the Senate was trying to new section 240A(a) relief—is intended will pay close attention to how this accomplish. The Senate provisions may only for highly unusual cases involving provision is interpreted? have permitted releases under more outstanding aliens such as the one you Mr. HATCH. Yes. I would also like to circumstances than were truly nec- describe? let the Senator from Michigan know essary. To begin with, the conference Mr. HATCH. That is correct. The ex- how much I appreciate his commit- report does not permit the release of traordinary circumstances necessary ment and dedication on this issue. criminal aliens for purposes of cooper- for a grant of 212(c) relief should refer Mr. ABRAHAM. Thank you. I would ating with law enforcement unless the to the insignificance of the crime, and likewise thank the Chairman of the Ju- alien has been accepted into the Wit- to substantial contributions to society diciary Committee for his diligent ef- ness Protection Program pursuant to made by the alien. To qualify for sec- forts on this issue in conference and his section 3521 of title 18. Nor does the tion 212(c) or analogous relief, despite explanation of the conference report’s conference report permit the release of the existence of a criminal conviction, provisions. criminal aliens for purposes of national an alien will have to show substantial f security, because it was difficult to benefits this county from granting the imagine a circumstance in which the relief—not the potential hardship to TRANSFER OF PERSONS FOUND release of a convicted criminal would the alien from not granting relief. I un- NOT GUILTY BY REASON OF IN- serve our national security interests— derstand your concern that relief under SANITY unless the criminal had been accepted this section will not be so limited, Mr. HATCH. Mr. President, I would into the Witness Protection Program. since it has not been so limited in prac- like to make several brief comments Thus, I can assure the Senator from tice in the past. We believed, however, regarding a provision included in the Michigan that the central purpose of that passage of the Anti-terrorism and Economic Espionage Act passed yester- the Senate amendments regarding Effective Death Penalty Act suffi- day. That legislation included an mandatory detention—preventing the ciently demonstrated the Congress’ se- amendment I offered when this bill release of criminal aliens to further rious concern about the abuse of sec- first passed the Senate to permit the prey on American citizens—is tion 212(c), that we could expect Immi- transfer of Federal defendants found furthered by the conference provision gration Judges to begin using their dis- not guilty by reason of insanity from to an even greater degree than the Sen- cretion under section 212(c) more judi- the inadequate facility of St. Eliza- ate provision. ciously. As you know, the Terrorism beths Hospital to the custody of the Mr. ABRAHAM. Finally, I have one Act eliminated 212(c) relief for vir- Attorney General. more question for the distinguished tually any alien who had been con- Each of the approximately 26 inmates Senator from Utah, regarding the victed of any crime, including some affected by this legislation were con- changes made to eligibility of criminal misdemeanors. Several members be- fined prior to the enactment of the In- aliens for waivers of deportation or ex- lieved that only by eliminating Immi- sanity Defense Reform Act of 1984. clusion under old section 212(c) of title gration Judges’ discretion to grant sec- Since 1984, Federal inmates found not 8, United States Code. The Anti-terror- tion 212(c) relief to criminal aliens al- guilty by reason of insanity have been ism and Effective Death Penalty Act together could we prevent section turned over to the custody of the At- signed into law earlier this year, as 212(c) from being used to grant relief torney General for appropriate treat- well as the Senate Immigration bill, too freely. The prevailing view was ment. This corrective legislation would eliminated the possibility of 212(c) that the Terrorism Act sent a clear extend this treatment to the pre-IDRA waivers for any criminal aliens who message that section 212(c) was being confinees. had committed any of several crimes abused, and that Immigration Judges St. Elizabeths Hospital is in a state that make aliens deportable under sec- could be expected to respond to that of disrepair. According to press reports, tion 241 of title 8, United States Code. message and take a hard look at 212(c) the 70-year-old heating system is unre- The conference report restores 212(c)- relief. The partial restoration of sec- liable and can leave patients shivering type waivers for criminal aliens who tion 212(c) relief for aliens who have in the cold during the winter months. have not been convicted of aggravated not committed aggravated felonies will The hospital staff is completely over- felonies. Could you explain the purpose test that theory. whelmed, and shortages of important of this change? Mr. ABRAHAM. That, of course, has antidepressant medicines have been re- Mr. HATCH. Let me say first of all been my concern. Section 212(c) relief ported by doctors. that I share the Senator’s concern with was always intended to apply only to These conditions should concern us the procedural abuses under this coun- ‘‘those cases where extenuating cir- all, and we should seek workable long- try’s immigration laws that have long cumstances clearly require such ac- term solutions. But, we should deal been available to criminal aliens. The tion’’—as Congress put it when it en- promptly with current problems. What limitations on 212(c)-type eligibility acted section 212(c) as part of the Im- is particularly troubling is the lack of for criminal aliens in the conference migration and Nationality Act in 1952. security at the facility, which is put- report, which appear in new section For the past 8 years, however, 212(c) re- ting the public at risk. There are 26 240A(a), is intended to put an end to lief has been granted to more than half Federal defendants in the hospital that that. The reason the total bar on 212(c) of all who apply, the vast majority of may be a danger to themselves and review for criminal aliens in the Ter- whom are criminal aliens, amounting others. Among these inmates is John rorism Act was revised to bar only ag- to thousands of criminal aliens per Hinckley, Jr., who attempted to assas- gravated felons was that, first, the def- year. sinate President Reagan in 1981. inition of ‘‘aggravated felony’’ has been Mr. HATCH. I agree with the Sen- According to the Department of Jus- expanded to encompass most of the de- ator. Now that we have restored sec- tice, there have already been three portable crimes under old section 241, tion 212(c) waivers for a small percent- known escapes by these inmates in the S12296 CONGRESSIONAL RECORD — SENATE October 3, 1996 last 2 years. Fortunately, all of these the public and of affected patients in a brought against the District of Columbia inmates were recaptured, but not be- fiscally responsible manner. I am over these records. The District has refused fore one of them traveled to North pleased by its adoption by the Con- the Department access to these records, de- Carolina and allegedly sexually mo- gress. spite the fact that the United States is financially responsible for the care and treat- lested two 3-year-old girls before he Mr. President, I ask unanimous con- ment of the persons to whom the records per- was found and returned to custody. sent that a letter from the Department tain at an annual cost of more than $4 mil- Sadly, the hospital did not notify the of Justice endorsing this legislation be lion. Access to these records, interviews with Marshals Service, which is responsible printed in the RECORD following my re- mental health professionals who have exam- for the security of these inmates, of a marks. ined the persons to whom they pertain, and single escape. There being no objection, the letter access to the patients themselves, are all im- St. Elizabeths Hospital apparently was ordered to be printed in the portant in enabling the Department of Jus- does not have the capability to provide RECORD, as follows: tice to properly evaluate the condition of these patients before any transfer would be adequately for the security or well- U.S. DEPARTMENT OF JUSTICE, effected. The Act would prohibit the District being of these 26 Federal defendants, OFFICE OF LEGISLATIVE AFFAIRS, of Columbia from preventing persons in its even though the Federal Government Washington, DC, February 7, 1996. employ from providing such information to pays $450 per inmate per day, which Hon. ALBERT GORE, the Department of Justice or a contractor works out to $164,250 per inmate annu- President of the Senate, hired for this purpose, and would permit an U.S. Senate, Washington, DC. ally. It is time that the Federal Gov- interview with any patient who voluntarily DEAR MR. PRESIDENT: Enclosed for your re- consented to be interviewed. ernment take responsibility of these view and appropriate reference is a draft bill, individuals for their own safety and the The Office of Management and Budget ad- entitled the ‘‘Act to Improve the Treatment vises that there is no objection from the safety of the general public. of and Security for Certain Persons Found standpoint of the Administration’s program This bill transfers these 26 Federal Not Guilty by Reason of Insanity in the Dis- to the submission of this proposal to Con- defendants to the custody of the Attor- trict of Columbia’’ (‘‘Act’’). A section by sec- gress. ney General. This will allow the de- tion analysis of the bill is also enclosed. I hope the bill will be promptly introduced, fendants to be placed in appropriate This legislation is intended to improve the referred to the appropriate committee for treatment and security of approximately Federal Bureau of Prisons medical fa- consideration and enacted. twenty-six persons who were found not Sincerely, cilities, for a fraction of the current guilty by reason of insanity in the District cost, and to receive care appropriate to ANDREW FOIS, of Columbia, prior to the enactment of the Assistant Attorney General. their conditions. The Justice Depart- Insanity Defense Reform Act of 1984 (IDRA). f ment has estimated that by transfer- At present, these persons are committed to ring even half of the 26 patients to Fed- the custody of the District of Columbia’s St. INTERIOR APPROPRIATIONS Elizabeths Hospital, although the United eral medical facilities that the United Mr. DOMENICI. Mr. President, I rise States would save at least $1.5 million States remains financially responsible for them. to engage the distinguished chairman annually. The Act would amend 18 U.S.C. § 4243 to es- of the Interior Appropriations Commit- The bill also requires that St. Eliza- tablish constitutional procedures—in essence tee in a brief colloquy on the recently beth’s Hospital provide to the Depart- notice and an opportunity for a hearing for passed Omnibus Appropriations bill. ment of Justice the medical and treat- each individual person—under which the At- Mr. GORTON. I would be happy to en- ment records for these inmates and torney General could take custody of these gage my colleague in a colloquy. bars the hospital from preventing doc- persons. To foreclose constitutional concerns Mr. DOMENICI. Mr. President, the tors from discussing the inmates’ that might arise if the release conditions and recently passed months appropriations treatment with Department of Justice procedures pertaining to such persons were changed, the Act makes a series of technical bill contains funding for many pro- officials. The hospital has been with- amendments to 18 U.S.C. § 4243 to ensure that grams within the Department of Inte- holding the records, making it impos- these matters would continue to be governed rior. It also includes funding for sev- sible for the Department—which is, by standards identical to those under the eral programs administered by the De- after all responsible both for the in- District of Columbia rather than IDRA. partment of Energy [DOE]. I rise today mates’ well-being and for paying for The enactment of the bill would give the to offer my support for continued fund- their upkeep—to make effective deci- Justice Department the option of leaving ing for the DOE Office of Oil and Gas sions. this fairly small class of persons in St. Eliza- Technologies. With respect to this records and ac- beths, contracting with a state or private facility for their treatment in a secure setting, This program plays an important cess provision, I would like to briefly or placing them in a Bureau of Prisons medi- role in the technological aspects of oil mention another related provision of cal facility. The Department would not have and gas development. Moreover, this this legislation. At the request of Sen- to handle all the persons the same way, but office plays a critical role in the inter- ator LEAHY, we have included a provi- could pick and choose the best course of national arena at a time when the sion clarifying the effect of the record treatment for them individually, keeping in world energy market is undergoing a and access provision on doctor-patient mind required security and public safety substantial transformation. The move testimonial privileges. concerns. away from central planning and in- This provision is intended to ensure The benefits of this legislation are three- fold. First, the transfer of custody may allow creased competition in many nations that this legislation in no way alters for an improvement of medical and mental has presented unprecedented opportu- the current state of the law regarding health care and treatment over that which is nities for U.S. companies with the ex- such testimonial privileges. Where presently available at St. Elizabeths Hos- pertise and experience in developing oil these testimonial privileges currently pital. Second, some patients have escaped and gas production. exist, they will continue to have effect. from St. Elizabeths and engaged in criminal The fall of the Soviet Union and the Where they do not now apply, this leg- activity. These patients should be placed in gradual opening of markets in Latin islation does not make them applica- more secure facilities. Third, the United America and Asia have unleashed sig- States is presently incurring medical bills of ble. nificant potential for United States I do not believe that any doctor-pa- $450.00 per day for each of these inmates. Transfer of custody to a Federal medical fa- companies. For several decades, and tient privilege is applicable to the cility would result in savings per patient of some cases longer, oil and gas reserves treatment of the patients affected by nearly $120,000.00 per year. Even if only half have been almost entirely under State this legislation. Indeed, it would be of these patients were transferred to such a control. Only recently have these mar- anomalous if, in a post-adjudication facility, the United States would realize an- kets been open to outside investment. setting, such a privilege did exist. It nual savings of at least $1.5 million. Mr. GORTON. Would the Senator would frustrate the ability of the gov- The Act would require the District of Co- yield for a question? ernment to provide appropriate care lumbia and St. Elizabeths Hospital to pro- Mr. DOMENICI. I would be happy to vide the Attorney General access, within and treatment for these patients en- prescribed time limits, to medical records respond to the chairman of the sub- trusted to the Government’s care as a pertaining to the persons whose custody committee. result of the adjudication. could be transferred to the Attorney Gen- Mr. GORTON. If the opportunities Mr. President, this legislation pro- eral. This portion of the bill would resolve a exist for U.S. companies, what role vides for the safety and well-being of pending suit the Department of Justice has does the Government play? October 3, 1996 CONGRESSIONAL RECORD — SENATE S12297 Mr. DOMENICI. The Office of Oil and reer will soon bring him back to the drop the expatriation provision so that Gas Technologies plays a vital role in Senate. the questions of international law two major areas. First, DOE will help f could be studied. That decision by the ensure that the regulatory structures conferees was met with criticism in the EXPATRIATION PROVISION OF THE that emerge in these developing coun- Senate. This was surprising, since I be- IMMIGRATION BILL tries are favorable to U.S. businesses. lieved—and I said on the Senate floor This is a particularly important mis- Mr. MOYNIHAN. Mr. President, the more than once—that it was our duty sion for the DOE to undertake because immigration bill signed into law on to act with special care when dealing the Office of Oil and Gas Technologies September 30 includes the following with the rights of persons who are de- has the technical experience and day- provision: spised. to-day interactions with businesses in- SEC. 352. EXCLUSION OF FORMER CITIZENS WHO The issues of international law were volved in this area. Moreover, because RENOUNCED CITIZENSHIP TO AVOID later resolved, and on April 6, 1995, I in- UNITED STATES TAXATION the energy business in many countries troduced S. 700, the first Senate bill to (E) FORMER CITIZENS WHO RENOUNCED CITI- tax expatriates on gains accrued prior is still wholly or partially controlled ZENSHIP TO AVOID TAXATION.—Any alien who by the Government, the prestige of the is a former citizen of the United States who to expatriation. Subsequently, Chair- U.S. Government play a key role in officially renounces United States citizen- man ARCHER introduced a bill that did gaining access to the markets for U.S. ship and who is determined by the Attorney not follow the accrued gains approach, companies. General to have renounced United States but instead built on current law. In my Second, the U.S. government needs citizenship for the purpose of avoiding tax- view and that of the Treasury Depart- to be vigilant in helping ensure that ation by the United States is excludable. ment and most other tax experts, the the technical and business implications The wording of the statute is embar- House bill will not effectively deter of new trading agreements in the en- rassing. How can an alien renounce tax-motivated expatriation. However, ergy sector do not discriminate against U.S. citizenship? In what capacity the Joint Committee on Taxation esti- U.S. businesses—especially service would said alien do so officially? One mated that the House bill raised more companies and smaller independent assumes that a court of law would find revenue, and it was included as an off- producers who often lack the resources the language incoherent and unenforce- set in the recently enacted Health In- to track these international develop- able. Still, the intention is clear and surance Portability and Accountability ments. Since we are making the invest- needs to be addressed. Act of 1996. ment in the technology, we should also This is the way we legislate at 5 Now, having failed to adopt the preferable—in my view—Senate expatria- make the relatively much smaller in- o’clock in the morning 4 days before tion measure, we have compounded our vestment in helping to ensure that this adjournment. One wonders how many error by enacting an ill-advised provi- business and technology do not face other similar items ended up in the sion to punish tax-motivated expatri- unfair competition overseas. continuing resolution passed by the ates by banishing them from the land. Mr. GORTON. I thank the Senator Senate less than 6 hours before the end of the fiscal year. The appropriate response to exploi- for yielding. tation of a loophole in the Tax Code is Mr. DOMENICI. As we have seen in The provision imposes an extraor- to close the loophole. Just 6 months the past few years, tremendous oppor- dinary penalty on certain persons who exercise the legal prerogative of expa- ago, the Deputy Attorney General of tunities have arisen for U.S. companies the United States agreed. On March 13, abroad. I hope that the Chairman will triation: permanent exile from the United States. Wealthy individuals 1996, Deputy Attorney General Jamie join me in supporting continued fund- S. Gorelick wrote to House Speaker ing for the Office of Oil and Gas Tech- who renounce their American citizenship to avoid U.S. taxation—expatri- GINGRICH in opposition to the provi- nologies and their international com- sion. She wrote: petitiveness work. I yield the floor. ates, as they are called—have now been The Administration believes that tax is- f added to the list of terrorists, convicted criminals, persons with commu- sues should be addressed within the context of the Internal Revenue Code, and that it COMMENDING MICHAEL J. nicable diseases, and others who are by MATTHES FOR HIS SERVICE TO would be inappropriate to use the [Immigra- statute deemed unworthy of admission tion and Naturalization Act] to attempt to THE U.S. SENATE to the United States. deter tax-motivated expatriation. Mr. WARNER. Mr. President, I would It occurs infrequently, but expatria- A short while later, however, the ad- like to commend Michael J. Matthes tion to avoid taxes is even so a genuine ministration reversed its position. On for his exemplary service to the U.S. abuse. By renouncing their U.S. citi- May 31, 1996, Ms. Gorelick wrote an- Senate, and to me, for these past two zenship, individuals may avoid taxes on other letter in support of the provision. legislative sessions of the 104th Con- gains that accrued during the period in I ask unanimous consent that excerpts gress. which they acquired their wealth—and of both letters be printed in the Mike is a graduate of the U.S. Naval while they were afforded the benefits RECORD. Academy and has served with distinc- and protections of U.S. citizenship. Mr. President, we were unable in this tion for fifteen years in the U.S. Navy. This issue was considered by the Fi- Congress to secure needed changes in He has earned the rank of com- nance Committee early in the 104th the tax laws to resolve, again in my mander and has had extensive experi- Congress. In March 1995, a measure to view, the expatriation problem. We ence as a nuclear submarine officer. address the problem was included in ought to have enacted S. 700. Instead, He has served as a legislative mili- Senate legislation to restore the health we have enacted a measure that does tary advisor in my office with great insurance deduction for the self-em- not reflect well on a free society. I do skill and professionalism. ployed. Prior to the House-Senate con- hope we will reconsider this matter The Senate will greatly miss his ference, however, concerns were raised early in the 105th Congress. sound judgment, good counsel, and about whether the expatriation provi- There being no objection, the ex- witty sense of humor. Soon he will as- sion comported with article 12 of the cerpts were ordered to be printed in the sume his new duties as a commander of International Covenant on Civil and RECORD, as follows: a nuclear submarine. Political Rights, which states: ‘‘Every- OFFICE OF THE As Mike quickly became a member of one shall be free to leave any country, DEPUTY ATTORNEY GENERAL, my office family, I witnessed in his including his own.’’ The United States Washington, DC, March 13, 1996. daily demeanor his devotion and love is a party to this treaty, and it is ac- Hon. NEWT GINGRICH, for his wife, Mara, and his four lovely cordingly law. We consulted a number Speaker, House of Representatives, daughters, Kelly, Cailin, Colleen, and of scholars, but there was no imme- Washington, DC. Sarah. diate consensus on the matter. DEAR SPEAKER GINGRICH: This letter presents the views of the Administration con- Mr. President, the Senate has bene- Because of the urgency of the under- cerning H.R. 2202, the ‘‘Immigration in the fited greatly from Mike’s service. I lying legislation, which had to be en- National Interest Act of 1995,’’ as reported by wish he and his family every success in acted before the April 17th tax return the Committee on the Judiciary on October the future and hope that his Navy ca- filing deadline, the conferees chose to 24, 1995. S12298 CONGRESSIONAL RECORD — SENATE October 3, 1996 Many of the provisions in H.R. 2202 ad- U.S. workers through worksite enforcement; make decisions relative to the safety, vance the Administration’s four-part strat- aggressively removing criminal and other welfare, training, and the active duty egy to control illegal immigration. This deportable aliens; and obtaining the repay of the men and women of the strategy calls for regaining control of our sources that are necessary to make the Armed Forces. borders; removing the job magnet through strategy work. Both the House and Senate worksite enforcement; aggressively pursuing bills contain many provisions that support So, not only does the Senate today the removal of criminal aliens and other ille- the Administration’s enforcement initiatives salute him at the end of this chapter of gal aliens; and securing from Congress the and are based on or similar to the Adminis- his career in public service, but so do resources to assist states with the costs of il- tration’s legislative and budget proposals. generations of the men and women of legal immigration that are a result of failed We look forward to working with the con- the Armed Forces. enforcement policies of the past. The Admin- ference committee to craft a strong, fair, and Mr. EXON addressed the Chair. istration’s legislative proposal to advance effective immigration bill. However, H.R. The PRESIDING OFFICER. The Sen- that strategy is H.R. 1929, the ‘‘Immigration 2202 raises serious concerns in specific areas ator from Nebraska. Enforcement Improvements Act of 1995,’’ in- that we hope the conference committee will Mr. EXON. Mr. President, I thank my troduced by Representative Howard Berman examine thoroughly. In addition, a number on June 27, 1995. of amendments to the Immigration and Na- dear friend and colleague from Virginia The Administration endorses a framework tionality Act (INA) made by the for his most kind remarks. Indeed, we of legal immigration reform that respects Antiterrorism and Effective Death Penalty came here together. But, indeed, we our immigration tradition while achieving a Act of 1996, Pub. L. 104–132, present substan- knew each other even before that. moderate reduction in overall admission tial obstacles to the effective enforcement of I remember very well my friend, the numbers to promote economic opportunities the immigration laws. The conference com- Senator from Virginia, when he served for all Americans. The Administration seeks mittee has an opportunity to remedy some of as Secretary of the Navy with great legal immigration reform that promotes those problems with a careful and more com- distinction. When I was Governor of family reunification, protects U.S. workers prehensive approach to amending the INA. from unfair competition while providing em- The Administration’s views include, but are Nebraska, he was the head of the cen- ployers with appropriate access to inter- not limited to the following: tennial commission and came out to national labor markets to promote our glob- Nebraska. That is the first time I real- * * * al competitiveness, and promotes naturaliza- ly got well acquainted with JOHN WAR- We strongly recommend adoption of the tion to encourage full participation in the NER. At that time I had no idea we national community. House provisions contained in sections 301 (except 301(c) and (f)), 303, 304, 305, 307, 308, would eventually serve in the U.S. Sen- While the Administration strongly sup- ate. ports reform of the current immigration law and 309. However, an amendment must be that affects both illegal and legal immigra- made to strike section 241(d) (added by the As students of history understand, tion, and H.R. 2202 contains many provisions AEDPA) which provides that aliens ‘‘found and I think most people would believe, that are similar or identical to the Adminis- in’’ the United States without having been probably more great individual con- tration’s legislative proposal, enforcement inspected and admitted are inadmissible. tributors to government at all levels initiatives, and overall strategy, H.R. 2202 This language is problematic, will lead to have come from the State of Virginia litigation; and is inconsistent with the raises serious concerns in specific areas that than from any other. Certainly, I just we hope the House of Representatives will House immigration bill. In addition, there is no waiver provision for inadmissibility under want to say from my perspective, none examine thoroughly. The Administration’s has done more, none has dedicated concerns include, but are not limited to the the newly-created section 212(a)(9), even for following: immediate relatives of U.S. citizens. We himself more fervently to what he strongly recommend the inclusion of a dis- thought was right for Virginia and for * * * cretionary waiver of inadmissibility. Section 301(e) amends section 212 (a)(10) of the United States of America than my the INA, as redesignated by this bill, by add- * * * good and dear friend, JOHN WARNER. ing a new subparagraph which makes inad- Sincerely, I wish you nothing but the best, my missible any alien, who is a former citizen JAMIE S. GORELICK, friend. I assure you that we will be and who the Attorney General determines Deputy Attorney General. keeping in touch. has officially renounced his citizenship for The PRESIDING OFFICER. The Sen- Thank you very much. purposes of avoiding taxation by the United ator from Virginia. Mr. WARNER. I thank my distin- States. f guished colleague. I wish to carefully The Administration has proposed changes note in the RECORD that that was a in the Internal Revenue Code to remove in- FAREWELL TO OUR COLLEAGUE statement of courage, looking to the centives that encourage certain U.S. citizens FROM NEBRASKA to avoid U.S. taxes by renouncing U.S. citi- future, and not marking any imminent zenship. The Administration approach has Mr. WARNER. Mr. President, may I retirement by myself from the U.S. been passed by the Senate twice and is being add my remarks to those by many Sen- Senate. considered in the ongoing balanced budget ators in the Chamber as we bid a fond The PRESIDING OFFICER. The Sen- negotiations. The Administration believes farewell to our colleague from Ne- ator from Virginia. that tax issues should be addressed within braska. Senator EXON and I came to f the context of the Internal Revenue Code, the Senate together and, from our first and that it would be inappropriate to use the day, served together on the Senate A TRIBUTE TO SAM NUNN INA to attempt to deter taxmotivated expatriation. Armed Services Committee. Senator Mr. WARNER. Mr. President, I was EXON attended his last hearing of that privileged to shake the hand of SAM * * * committee earlier this afternoon and, NUNN just now, the distinguished, es- Sincerely, once again, propounded the tough ques- JAMIE S. GORELICK, teemed Senator from Georgia, as he de- Deputy Attorney General. tions as he has done year after year, parted the Chamber. He said to me, coming directly to the point of the ‘‘This will be our last handshake on the OFFICE OF THE issue, but bringing to bear a back- floor of the U.S. Senate.’’ DEPUTY ATTORNEY GENERAL, ground in which he draws upon the dis- That was, indeed, a very moving split Washington, DC, May 31, 1996. tinguished period of his life from World second for me, because we have, Hon. LAMAR SMITH, War II, when he was proud to wear the through the 18 years that I have been a Chairman, Subcommittee on Immigration and uniform of this country in the cause of member of the Armed Services Com- Claims, Committee on the Judiciary, House of Representatives, Washington, DC. freedom. mittee, shaken hands many times on DEAR MR. CHAIRMAN: This letter presents He is another who has worn the uni- this floor—and on occasion shaken a the views of the Administration on H.R. 2202, form who is leaving the Senate. The few fists at one another. But the period the ‘‘Immigration Control and Financial Re- Senate gradually, primarily because of that I remember the best is when he sponsibility Act of 1996’’. The Administra- change of times and demographics, has was chairman of the committee, having tion is reversing decades of neglect in con- fewer and fewer in its membership who succeeded a long line of very distin- trolling illegal immigration. Many of the served in uniform. Having had that guished individuals: John Stennis, provisions in both the House and Senate bills would ratify the Administration’s efforts in privilege, he brought with him that ‘‘Scoop’’ Jackson, John Tower, Barry the field to combat illegal immigration. The knowledge that could be applied, that Goldwater—all Senators. But my most administration’s four-part strategy calls for is unique and particularly useful when memorable period is when I was privi- regaining control of our borders; protecting our Armed Services Committee had to leged to serve as the ranking memberof October 3, 1996 CONGRESSIONAL RECORD — SENATE S12299 the Armed Services Committee some 6 sell, who was chairman of the Senate have received, I think unjustifiably, years. I served with the chairman, who Armed Services Committee for 16 but nevertheless some modest recogni- was Senator NUNN, and we took, in years. I will have further to say about tion. each of those years, to this floor legis- that Senator as I close my remarks. He was a leader in establishing a pro- lation of our committee, the authoriza- Senator NUNN quickly established gram of transition benefits in the nine- tion bills, and debated them with our himself as one of the leading experts in ties to military and civilian employees colleagues, sometimes long into the the Congress and, indeed, all of the of DOD who lost their jobs as a result night. United States on national security and of the downsizing of the defense infra- We don’t seem to have the night ses- foreign policy. He gained a reputation structure of the military services. sions as we did in the old days, but I in our country and, indeed, worldwide NATO was a very, very favorite sub- can remember leaving the Chamber as a global thinker, and that is where I ject. I traveled with him on many occa- with some of those bills and the Sun think he will make his greatest con- sions to NATO, as I did through the was coming up—12, 14, 16 hours of contribution in the years to come, wher- capitals of the world, and sat with him tinuous debate as 1 day’s activities on ever he may be, in terms of being a when he, on a one-on-one equal basis usually a 3- or 4-day consideration of global thinker. shared views with heads of state, heads our bill. His approach to national security is- of government, world leaders in Eu- So I will miss him a great deal. He is sues has been guided by one fundamen- rope, in Asia, and the Middle East. a very dear friend. tal criteria: What SAM NUNN believes is He was a strong supporter of main- I think back on how he was elected in the best interest of the United taining NATO as an active and ener- to the Senate in 1972 and served on the States of America. getic alliance. He wrote three reports Armed Services Committee for 24 As a junior Senator in 1978, he ulti- to the Senate on the health of the years. He served as chairman of the mately voted in favor of the Panama NATO alliance. He is very highly re- Manpower and Personnel Subcommit- Canal Treaty because he thought—Mr. garded by political and military lead- tee in the seventies. I remember serv- President, he thought—it was in the ers throughout the NATO community. ing briefly with him on that sub- long-term national security interest of If there were one subject to concern committee. He was chairman of the our Nation, even though he knew it him the most—and, indeed, it does me committee, of course, after becoming was not a popular position, particu- and, I am sure, almost every Member of ranking minority member. It is a dis- larly in the South and most particu- this body—it is the proliferation of the tinguished career. larly in Georgia. He supported the poli- knowledge of how to construct weapons He was chairman of the full commit- cies of Presidents of both parties when of mass destruction, proliferation of tee from 1986 to 1993 and now, in the he thought they were right, and he that knowledge and, indeed, the pro- last years of his career, again is the raised questions about the policies of liferation of the arming of the weapons ranking member. I point that out be- the Presidents of both parties when he themselves. cause he was always, to the maximum thought questions needed to be raised. Senator NUNN, together with Senator extent possible by any Member of the But, again, as we look back in the LUGAR of Indiana, created the Coopera- U.S. Senate, bipartisan in his approach history of Congress and its constitu- tive Threat Reduction Program to help to the responsibilities of our commit- tional role in foreign policy—and how countries of the former Soviet Union tee and those issues that related to na- many debates have I been in and Sen- dismantle their weapons of mass de- tional security and foreign affairs. ator NUNN and others, for example, on He followed in the tradition of two struction and the facilities to produce the War Powers Act, on consultation? great Georgia Members of the U.S. such weapons. Just today in the Senate Armed Serv- He also offered legislation to improve Congress, his uncle, Congressman Carl ices Committee, and I think quite prop- our domestic capability in counter- Vinson, chairman of the House Armed erly, questions were raised about the Services Committee. I have a picture, terrorist use of weapons of mass de- which I treasure greatly, from when I level of consultation between the struction. I joined him. I happened to was Secretary of the Navy. I rec- President, President Clinton, and the be the manager of the defense bill at ommended to the President of the Congress. But SAM NUNN, to me, ap- the time that amendment was raised United States, at that time Richard plied what is known as the ‘‘Vanden- by Senators NUNN, LUGAR, and DOMEN- Nixon, that the tradition in the U.S. berg rule,’’ a very distinguished former ICI. Navy that existed from the first day of Member of the U.S. Senate, recognized And I joined as a cosponsor in au- a sailing ship should be broken and for his strength in foreign policy, who, thorizing the Department of Defense that the Navy should name a ship for a to paraphrase his saying, always be- and other Government agencies of the living individual. lieved that partisanship politics should Federal Government to share with The Secretary of Defense, Mel Laird, be checked at the water’s edge, and local law enforcement some of the at that time, consulted with me. I took that has been a guiding light for Sen- basic knowledge of how to deal with the decision to Mr. Laird. He said, ator NUNN. the situation, should they be con- ‘‘Let’s give it a try.’’ SAM NUNN always worked, as I say, in fronted with the threat of the use of, Mr. Laird had been in the U.S. Navy a bipartisan fashion, almost invariably. say, a crude weapon, chemical or bio- in World War II. We went to see the His numerous initiatives and legisla- logical weapon of mass destruction in President. The President had been in tive accomplishments invariably have any of our 50 States. I urge the commu- the Navy. He was an officer during Republican and Democratic cosponsors. nities to avail themselves of that au- World War II. Three sailors sat down Senator NUNN is fond of saying that he thorization in our most recent 1997 bill. and decided we would name a supercar- has yet to see a problem or a challenge We had our differences. We have rier the ‘‘Carl Vinson,’’ on the occasion facing this country that can be solved fought toe to toe on this floor when I, of his 50th year in the Congress of the by only one political party. How true together with Senator Dole and others, United States and concluding many of that is in national security and foreign passed the gulf resolution, that resolu- those years as chairman of the House policy. tion to authorize President Bush to Armed Services Committee. I started to go over his accomplish- utilize the men and women of the Unit- I mention that because we had a ments and just selected a few, because ed States, a half a million of whom model of the ship built and the Presi- I was involved. He was a tremendous were in positions ready, together with dent of the United States, myself and supporter of the welfare of our men and perhaps the most magnificent allied Secretary Laird presented that model women in uniform and their families. coalition ever formed in the history of to Carl Vinson. SAM NUNN is in the pic- He helped restore quality of force, the the world, to repel the invasion of Sad- ture. It is a remarkable picture, be- total arms force, following the serious dam Hussein. cause Senator NUNN’s sideburns were problems that we had in the aftermath But it was necessary in the Presi- down almost below his jaw. I will never of Vietnam; indeed, during Vietnam. dent’s mind to have the support of the forget that. It hangs in his office. He coauthored the Nunn-Warner bene- Congress of the United States. And Another distinguished Member of fits package of 1980, perhaps the first that is a chapter in history that should Congress, of course, was Richard Rus- single piece of legislation for which I be studied carefully by all Presidents, S12300 CONGRESSIONAL RECORD — SENATE October 3, 1996 because when the men and women of a remarkable American, a remarkable man I do not want to be too nostalgic the Armed Forces go forward beyond who enjoyed the respect and the affecting of here. These are wonderful people who, our shores, in harm’s way, we want the all who served with him.’’ with the help of good health, will go on total support of both the Presidency Mr. WARNER. But I shall read this to do many other things. It strikes me, and the Congress and, to the extent one paragraph. at a particular time when things seem possible, the people of the United Through it all he served his nation well. to be so unruly in our society, so much States behind those troops, particu- Richard Russell followed his own star. He did hostility, so much anger, so much con- not pander. His confidant was his conscience. larly when the risk of personal injury He was always the good and faithful servant fusion that we take the best of us in is very high. of the people. He was good for the Senate, this group and say so long to them We had our differences. We fought and he loved it dearly. I can say without any with not only respect and reverence for that battle. It was about a 5-vote dif- hesitation that he was a remarkable Sen- them but with some misgivings, some ference in the outcome. But from the ator, a remarkable American, a remarkable apprehension as to the ordinary citi- very moment of the decision of the man who enjoyed the respect and the affec- zens of our society who are not serving United States to support the resolution of all who served with him. in this body as they greet the new- tion, which I was privileged to draft I think, Mr. President, certainly this comers. There will be many of them— under the direction of the then-leader, Senator, and I feel most, can say that I do not know how it ranks in the num- Senate Dole, from the very first Senator BYRD’s remarks capturing the bers that have come in a single class. minute of the vote by the Senate of the magnificence of Richard Russell—SAM Mr. President, I say goodbye to each United States, Senator NUNN backed NUNN can return to Georgia with a of those individuals. I want to make President Bush in his decision to use clear conscience that he did his best to particular note of the retirement of my force and to turn around the situation fulfill the reputation of Richard Rus- colleague, Senator BILL BRADLEY, with that was tragic in the eyes of the sell of Georgia. I yield the floor. whom I have worked very closely over world. Mr. LAUTENBERG addressed the these years, with whom I have shared We had our differences on the inter- Chair. prospects for what we can do for New pretation of the ABM, the SALT, the The PRESIDING OFFICER. The Sen- Jersey, for the country, unity of opin- START treaties, but always, once ator from New Jersey. ion, and sometimes a different ap- again, bipartisanship was foremost. f proach to how we got to these goals, A moment ago Senator NUNN spoke TRIBUTE TO RETIRING SENATORS Mr. President, but nevertheless some- about the staff of the Senate. One of Mr. LAUTENBERG. Mr. President, I one whose friendship I treasure and his hallmarks was his ability to attract too join our many colleagues in want- whose presence will be missed here, in the finest people for professional staff, ing to say goodbye, good luck, and particular by me, because of our close in the years particularly when he was thank you to our colleagues. All of association. chairman and ranking member of the them are leaving this body. And as In particular, as I mentioned BILL Senate Armed Services Committee, they leave they leave a mark of great BRADLEY, Senator MARK HATFIELD and and in the Governmental Operations distinction, each and every one of others, who have served this body so Committee. And I think that is the them. well. I will miss them all and I know hallmark of a great Senator, the abil- I cannot help, Mr. President, as I re- we will be a different place. ity to attract quality staff, to spend view the names of those who are retir- This body is far bigger than the total long hours of dedicated service to their ing—we have heard several comments sum of the individuals who serve it, Nation and to their Senate. from many colleagues about the and we will continue on, God willing, Mr. President, Senator NUNN always names, and they are all familiar—but I with strength and with purpose and had a profound preference, as he cannot help but note that when you with comity and collegiality. That is should, for Senator Russell. He used to talk about people like Senator PELL, my wish. say from time to time that he only Senator HATFIELD, Senator NUNN, Sen- TRIBUTE TO SENATOR MARK HATFIELD temporarily was the holder of the Sen- ator KASSEBAUM, Senator JOHNSTON, Mr. President, I rise to say goodbye, ate seat from Georgia which was once Senator SIMPSON, Senator BRADLEY, once again, to my colleague, MARK held by Richard Russell. And I thought Senator COHEN, Senator EXON, Senator HATFIELD, who is retiring after serving I would conclude my remarks by read- HEFLIN, Senator PRYOR, Senator the people of Oregon, and the United ing the remarks of our distinguished SIMON, Senator BROWN, this is a really States, for 30 years as a member of this colleague, the Senator from West Vir- distinguished group of people, Mr. body. ginia, Senator BYRD, at the unveiling President. Recently, I have been contemplating of the statue in the Russell rotunda of And when I think of what each of MARK’ absence from the Appropriations Senator Richard Russell of Georgia. I them brings to our deliberations, to Committee. Whether as chairman or ask unanimous consent to have the en- the body, to the Senate, they have en- ranking member, his leadership will be tire remarks printed in the RECORD. riched us substantially, each one of missed. And as I reviewed our contacts There being no objection, the mate- them, some with longer lists of legisla- over the years, I wanted to acknowl- rial was ordered to be printed in the tion than others, but each one with a edge that, even given our different RECORD, as follows: unique character, and a list of people of party affiliations, our relationship has RICHARD B. RUSSELL, Jr. (D–GA, 1933–1971) principle, of integrity, of honesty. And been one of the most satisfying asso- At the unveiling of the statue of Russell in one of the things I think that each of ciations I’ve ever had in my life. This the rotunda of the Russell Senate Office us has to consider is who is going to man has special qualities that endeared Building on January 24, 1996, Senator Byrd follow, who is going to follow over him to many, including this Senator. said of Russell: these next few years as we approach Despite the constant fray, MARK was ‘‘He was the senator, the uncrowned king of the 21st century. Is there going to be a always true to his beliefs and was able the southern block, and he was as truly a sense of what this institution is about? to maintain and express his convic- Senate man as was Henry Clay or Daniel tions, without confrontation or bellig- Webster or John C. Calhoun or Thomas Ben- Are they going to have respect? ton or any of the other giants who had pre- Mr. President, as I said, the question erence. His value system set standards ceded him. as to those who follow, will they have in the Senate for all to admire, and ‘‘Senator Russell’s philosophy of govern- the respect, the reverence, not only for perhaps emulate. Undoubtedly, his leg- ment was rooted in constitutionalism. . . . this institution, but for the way we op- acy of good will, honesty and integrity He was always regarded as one of the most erate as a Government, with the re- benefited all who served with him. fair and conscientious members of this body. spect that I think has been denied of In the area of public service, Senator ‘‘Through it all he served his nation well. more recent years by many, who HATFIELD’s career has been distin- Richard Russell followed his own star. He did choose to use this place often as a bat- guished by an uncompromising com- not pander. His confidant was his conscience. He was always the good and faithful servant tleground, as opposed to a people’s mitment to improve the human condi- of the people. He was good for the Senate, forum, trying to, in many cases, get tion and to address what he has so elo- and he loved it dearly. I can say without any the edge, get the leg up, get the public- quently called ‘‘the desperate human hesitation that he was a remarkable senator, ity, get the press? needs in our midst.’’ Among the many October 3, 1996 CONGRESSIONAL RECORD — SENATE S12301 issues on which we fought together, his principles, and he deserves our Mr. President, whenever you hear the was the work we did to ensure that credit and our respect for his willing- word education in the Senate, the first hundreds of thousands of refugees from ness to defend those principles, no mat- person you think of is CLAIBORNE PELL. Southeast Asia would not face persecu- ter what the cost. Undeniably, ALAN is He was a key architect of the 1965 Edu- tion and that refugees, worldwide, are a man of courage. cation Act that provided the first Fed- given a fair hearing by the American Mr. President, ALAN SIMPSON and I eral funding for elementary and sec- Government. Under his leadership, we have disagreed on many issues. But I ondary education. He was also instru- also worked together to end U.S. nu- have tremendous respect for the Sen- mental in creating the National En- clear testing and to reduce defense ator and a real affection for the man. dowment for the Arts and the National spending. Although MARK HATFIELD Whatever our differences on policy, I Endowment for the Humanities. Fi- has sometimes stood alone in his hu- consider him a great friend. And I hope nally, he wrote the student aid pro- manitarian and courageous efforts, he that he and Ann and I will find the oc- gram that bears his name: Pell Grants. never shied away from acting accord- casion to share some time together These grants give low income students ing to his conscience. So it is no won- whenever and wherever we can do that. the opportunity to attend college and Senator SIMPSON has made a real der that all of his Senate colleagues the chance to attain the American contribution to this great institution. I have the deepest and most sincere re- dream. wish him the very best as he leaves the spect for him. Mr. President, Senator PELL and I As chairman of the Senate Appro- Senate, and I hope we will continue to worked most closely on transportation hear his views, and benefit from his priations Committee, MARK has been issues. And it is no exaggeration to say quick mind and unique wit, in the an inspiration. He was consistently a that CLAIBORNE PELL is a visionary in years ahead. voice of reason. He tried to avoid par- the transportation field. Many years tisanship and worked tirelessly to TRIBUTE TO SENATOR HOWELL HEFLIN ago, he wrote a book, ‘‘Megalopolis Un- unite, not divide. His concern was al- Mr. President, I rise today to honor a bound’’, which advocated high speed ways policy, not politics. As Chairman truly great U.S. Senator, HOWELL HEF- ground transportation to deal with fu- LIN, on his retirement from this body. of the Transportation Subcommittee, ture urban congestion. Senator PELL The Senator was a tireless champion Senator HATFIELD has demonstrated and I worked to make his vision a re- for the people and interests of Ala- that he views investment in our infra- ality by fighting to ensure quality rail bama. And as a lawyer, judge, and a structure as an investment in our fu- service in the Northeast corridor and U.S. Senator, HOWELL has been a con- ture. through the construction of the new sistent and constant supporter of racial Because he chose to spend 30 years in Providence AMTRAK station. the public arena, we are all better off. justice and civil rights for all. Mr. President, the Senate is losing an One of the most moving movements Whether addressing health care, en- extraordinary Senator and statesman. in the Senate was when Senator HEF- ergy, environment, transportation pol- Although he leaves a great void in the LIN spoke about Senator MOSELEY- icy, nuclear testing, or refugee issues, Senate, I want to wish my friend CLAI- BRAUN’s attempt to deny the United Senator HATFIELD’s convictions and BORNE PELL and his family health and Daughters of the Confederacy a re- commitment have elevated the debate newal of the patent for their organiza- happiness for many years. in this chamber. He has always been TRIBUTE TO SENATOR BENNETT JOHNSTON tion’s official design. Senator HEFLIN passionate; he has always been rose and said, ‘‘I have many connec- Mr. President, I rise today to honor thoughtful; he has always been fair. tions through my family to the Daugh- BENNETT JOHNSTON, the senior Senator I know I speak for all my colleagues ters of the Confederacy * * * but the from Louisiana, as he prepares to leave when I say that MARK HATFIELD’s com- Senator from Illinois is a descendant of this body after 24 years of distin- passion and convictions will be sorely those that suffered the ills of slavery.’’ guished service. It has been a privilege missed by all of us in this Chamber. It Senator HEFLIN voted with Senator to serve with BENNETT. has been a pleasure to serve with him I worked with Senator JOHNSTON on MOSELEY-BRAUN. and to enjoy the warmth of his friend- Mr. President, although we did not the Budget and Appropriations Com- ship; I wish him my very best as he agree on every issue, I always re- mittees, and I was impressed with the goes on to new challenges and contin- spected Senator HEFLIN’s intelligence, way he handled the tough issues. He is ues to contribute to his State and his integrity, and independence. It is very a skillful negotiator, always willing to country. unfortunate that the Halls of the Sen- try to find a compromise to end legisla- TRIBUTE TO SENATOR ALAN SIMPSON ate will no longer resonate with his tive gridlock. For JOHNSTON, the im- Mr. President, I rise today to pay voice of moderation and reason. portant thing was policy, not politics. tribute to Senator ALAN SIMPSON of Mr. President, as Senator HEFLIN Although we will all miss Senator Wyoming, who is retiring from the U.S. leaves the Senate, I want to wish him JOHNSTON, he will be especially missed Senate. and his family all the best. by the people of the Pelican State. He Mr. President, I know that many of TRIBUTE TO SENATOR CLAIBORNE PELL actively championed Louisiana’s inter- my colleagues on both sides of the Mr. President, I rise to pay tribute to ests, particularly in the areas of edu- aisle, and across the political spec- a true giant of the U.S. Senate, the cation and infrastructure. trum, will miss ALAN SIMPSON in the senior Senator from Rhode Island, At the national level, Senator JOHN- years to come. You do not have to CLAIBORNE PELL. He has served our Na- STON understood the dangers of depend- agree with ALAN on every issue to ap- tion and his State with great distinc- ing on foreign oil. And he consistently preciate his warmth, his great sense of tion for 36 years in this body. argued for the formulation of a com- humor, and his outstanding abilities as Mr. President, Senator PELL has so prehensive, national energy policy. a legislator. Perhaps ALAN’s greatest many Senate accomplishments that I Mr. President, it is true that the Sen- talent is being able to tenaciously fight do not have time to recount them all. ator from Louisiana and I did not agree for an issue, but in a manner that However, I do want to highlight his on every issue that came before the leaves even his opponents with smiles work in three areas: Foreign relations, Senate. But I learned quickly that he on their faces. education, and transportation. was a very skilled legislator, who was Mr. President, I also think of ALAN In foreign affairs, he has worked for always willing to defend his convic- SIMPSON as someone who is willing to peace since the end of World War II. He tions. stand up for what he believes, even actually helped establish the modern Mr. President, the citizens of Louisi- when his closest colleagues may dis- United Nations. He served as a Foreign ana will certainly miss BENNETT JOHN- agree with him. I have special respect Service officer, and later as chairman STON’s commitment and concern, and I for his steadfast support for a woman’s and ranking member of the Foreign Re- will miss the integrity and intelligence right to choose, a position that put lations Committee. In all of these posi- he brought to the Senate. I wish him him at odds with many in his party. tions, he tirelessly worked to expand well in his future endeavors. ALAN’s belief that families, not politi- democracy throughout the world and TRIBUTE TO SENATOR SAM NUNN cians, should make basic moral deci- to promote peaceful resolutions to con- Mr. President, I rise today to pay sions like abortion is consistent with flict. tribute to one of the most dedicated S12302 CONGRESSIONAL RECORD — SENATE October 3, 1996

Members of the United States Senate, From his days on the Watergate count on Senator SIMON’s support in SAM NUNN, on his retirement. Committee, BILL COHEN has worked the continuing struggle to take guns Few members have worked so dog- hard to promote ethics in Government, off our streets. gedly to protect the defense and secu- and he has made an enormous con- When I think of PAUL’s retirement rity of our country as Senator NUNN. tribution in this area. He has helped from the Senate, I remember the words When he came to the Senate in 1972, strengthen the Office of Government of Thomas Jefferson. When Jefferson Sam brought a commitment to make Ethics, and he worked to enact legisla- presented his credentials as U.S. Min- this Nation more secure by strengthen- tion that substantially increased re- ister to France, the French Premier re- ing America’s defenses, by reducing the porting requirements for lobbyists. marked, ‘‘I see that you have come to threat of nuclear war, by eliminating Senator COHEN also joined me in the replace Benjamin Franklin. Jefferson wasteful Pentagon spending and by fos- successful effort to ban most gifts to corrected him; saying, ‘‘No one can re- tering pride in America. Members of Congress. place Dr. Franklin, I am only succeed- While his accomplishments are nu- Mr. President, BILL COHEN is one of ing him.’’ merous, I view his leadership in the ef- the most thoughtful Members of this In much the same way, Paul SIMON is fort to support the dismantling of nu- body, someone who thoroughly studies also irreplaceable. As he begins the clear weapons in the former Soviet an issue before announcing a position. next phase of his career, I wish my Union as one of his most important and Consequently, when BILL COHEN comes friend continued success and best wish- far reaching contributions. Without ex- to this floor, people listen. They ades. aggeration, this initiative significantly mire his judgment, his fairness, his in- TRIBUTE FOR SENATOR DAVID PRYOR reduced the risk of accidental nuclear tegrity, and so do I. I have not agreed Mr. President, I rise to offer my best war. For this alone, all Americans owe with BILL COHEN on every issue, but I wishes to Senator PRYOR on his retire- him a debt of gratitude. have always respected his scholarship, ment from the Senate. All of his col- Through his dedication to our men his leadership, his statesmanship. leagues will miss DAVID’s candor and and women in uniform, Senator NUNN It has been a privilege to serve with commitment, but his presence in Wash- proved that there is more than one way BILL COHEN in the Senate, and it is un- ington will be especially missed by the to defend your country. And by secur- fortunate that people of his stature people of Arkansas and by our Nation’s ing the enactment of National Service have decided to leave this body. But I senior citizens. legislation, which offers generous edu- want to wish BILL all the best as he Senator PRYOR’s motto has always cation benefits in exchange for public leaves this body for new challenges. He been ‘‘Arkansas Comes First.’’ And as service, Senator NUNN is helping to in- has served his country with distinc- he’s noted, it’s more than a slogan—it’s still in our young people the impor- tion, we will all miss him very much. a way of life. Throughout his career, tance of public service and as well as a TRIBUTE FOR SENATOR PAUL SIMON he’s been a fighter for Arkansas’ inter- respect for American values. Mr. LAUTENBERG. Mr. President, I ests and for her people. As a member of Mr. President, I have tremendous re- rise to pay tribute to my colleague and the Agricultural Committee, DAVID’s spect for Senator NUNN’s work on be- friend, PAUL SIMON. When I think of leadership led to the development of half of the people of Georgia and the PAUL’s extraordinary career in the innovative programs and legislation to United States. Though we have not al- Senate, I’m reminded of a remark by aid Arkansas’ farmers and to protect ways shared the same view on defense Toni Morrison, ‘‘As you enter positions her resources. policy, I have always admired his care- of trust and power, dream a little be- Senator PRYOR is also considered one ful analysis, deliberation and evalua- fore you think.’’ Although PAUL’s in- of Washington’s leading advocates for tion. tellectual abilities are well known, he older Americans. Starting in 1989, he His 24 years of public service in the even holds 39 honorary degrees, he is served for 6 years as chairman of the Senate will undoubtedly leave a lasting also a great dreamer. For he has Senate Special Committee on Aging. imprint on the national security and dreamed of a country where no child He is nationally recognized for his defense policy of our Nation. I know has to live in poverty, where no young work to help save the Social Security that I join with all of his Senate col- person is denied an education because system, to reform the nursing home in- leagues in saying that Senator NUNN’s of financial reasons and where no sen- dustry and to lower the price of pre- presence will be sorely missed. I extend ior citizen is bankrupted by a medical scription drugs. He also endeavored to my best wishes as SAM leaves the Sen- emergency. ensure that Government institutions ate and begins the next phase of his ca- And PAUL has tirelessly fought to preserve the essential dignity of our reer. make those dreams reality. It is not country’s elderly. TRIBUTE TO SENATOR BILL COHEN surprising that in 1983, during his 10 Mr. President, as a member of the Fi- Mr. President, I rise today to honor a years in the House, Time magazine nance Committee, Senator PRYOR also distinguished Member of this body, noted that SIMON passed more legisla- wrote the Taxpayer Bill of Rights, the Senator BILL COHEN, who will be leav- tion that year than other Members of first piece of legislation in over 40 ing the Senate at the end of the 104th the House of Representatives. years which guaranteed certain rights Congress. In the Senate, PAUL has been particu- to individuals when dealing with the Mr. President, the Senate is losing larly concerned with affording every Internal Revenue Service. one of its most respected and dedicated American the opportunity of an afford- If I had to sum up DAVID PRYOR’s members. BILL COHEN is the kind of able education. Among his accomplish- Senate career, including the 6 years he person that Americans want, and ments in this area, he recently enacted held the number three leadership post, America needs, in Government. He is major education and job training legis- in a single word, that word would be someone with unquestioned integrity, lation which includes the National Lit- service. And that reminds me of a re- who has always done what he believes eracy Act, the School-to-Work Oppor- mark by the great humanitarian, Al- to be right, even if his own party dis- tunities Act and the Job Training bert Schweitzer. He noted, ‘‘The only agrees with him. Partnership Act Amendments. He was ones among you who will be truly BILL COHEN first came to national at- also the leading champion of the new happy are those who have sought out, tention at one of our Nation’s darkest direct college loan program, enacted in and found how to serve.’’ If that’s true, hours, during the Watergate scandal. 1991 as a pilot program and expanded in than DAVID PRYOR is definitely the As a member of the House Judiciary 1993 as a replacement for the guaran- happiest of men. Committee, he was one of the first Re- teed student loan program. As he leaves the Senate, I wish my publicans to break ranks with Presi- Mr. President, PAUL and I have per- colleague well as he begins the next dent Nixon, and he led a group of mod- sonally fought many battles together. stage of his career, and his life. erate Members who supported a resolu- And although I could speak about his f tion of impeachment. It was the right support on any number of issues, I thing to do. And it was typical of the want to especially recall his constant MESSAGES FROM THE PRESIDENT kind of independent thinking that has and consistent efforts on the issue of Messages from the President of the marked BILL COHEN’s career ever since. gun control. I knew that I could always United States were communicated to October 3, 1996 CONGRESSIONAL RECORD — SENATE S12303 the Senate by Mr. Williams, one of his to require the Internal Revenue Service to Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. secretaries. collect child support through wage withhold- FEINSTEIN, Mr. GRAHAM, Mr. HATCH, ing and to eliminate State enforcement of Mr. INHOFE, Mr. INOUYE, Mr. JEF- EXECUTIVE MESSAGES REFERRED child support obligations other than medical FORDS, Mrs. KASSEBAUM, Mr. As in executive session the PRESID- support obligations; to the Committee on Fi- KEMPTHORNE, Mr. KENNEDY, Mr. LAU- ING OFFICER laid before the Senate nance. TENBERG, Mr. LEVIN, Mr. LIEBERMAN, messages from the President of the By Mr. SIMPSON (for himself and Mr. Mr. LOTT, Ms. MIKULSKI, Ms. United States submitting one nomina- KYL): MOSELEY-BRAUN, Mr. MURKOWSKI, tion which was referred to the Commit- S. 2191. A bill to amend the Immigration Mrs. MURRAY, Mr. NICKLES, Mr. PELL, tee on Commerce, Science, and Trans- and Nationality Act, the Personal Respon- Mr. PRESSLER, Mr. REID, Mr. ROCKE- FELLER, Mr. SIMON, Mr. SPECTER, Mr. portation. sibility and Work Opportunity Reconcili- ation Act of 1996, and the Illegal Immigra- STEVENS, Mr. THOMAS, Mr. THUR- (The nomination received today is tion Reform and Immigrant Responsibility MOND, Mr. WARNER, and Mr. printed at the end of the Senate pro- Act of 1996, to modify provisions of law relat- WELLSTONE): ceedings.) ing to public assistance and benefits for S. Res. 311. A resolution designating the f aliens; to the Committee on the Judiciary. month of November 1996 as ‘‘National Amer- By Mr. D’AMATO: ican Indian Heritage Month’’; to the Com- REPORTS ON MOTOR VEHICLE S. 2192. A bill to authorize the Secretary of mittee on the Judiciary. SAFETY AND HIGHWAY SAFETY the Army to award the Ranger Tab to veter- By Mr. LOTT (for himself, Mr. ROTH, FOR CALENDAR YEAR 1995—MES- ans of certain service in the Republic of and Mr. DASCHLE): Vietnam during the Vietnam era; to the S. Res. 312. A resolution saluting the serv- SAGE FROM THE PRESIDENT— ice of John L. Doney; considered and agreed PM–176 Committee on Armed Services. By Mr. LUGAR: to. The PRESIDING OFFICER laid be- S. 2193. A bill to establish a program for By Mr. LOTT: S. Res. 313. A resolution relating to the re- the disposition of donated private sector and fore the Senate the following message tirement of Jeanie Bowles, Superintendent from the President of the United United States Government nonlethal per- of Documents, United States Senate; consid- States, together with an accompanying sonal property needed by eligible foreign ered and agreed to. report; which was referred to the Com- countries; to the Committee on Foreign Re- By Mr. LOTT: lations. S. Res. 314. A resolution authorizing the mittee on Commerce, Science, and By Mr. CRAIG: Transportation. President of the Senate, the President of the S. 2194. A bill to provide the public with ac- Senate pro tempore, and the Majority and To the Congress of the United States: cess to quality outfitter and guide services Minority Leaders to make certain appoint- I transmit herewith the 1995 calendar on Federal lands, and for other purposes; to ments after the sine die adjournment of the the Committee on Energy and Natural Re- year reports as prepared by the Depart- present session; considered and agreed to. sources. By Mr. LOTT: ment of Transportation on activities By Mr. WYDEN (for himself, Mr. DODD, S. Res. 315. A resolution appointing a com- under the Highway Safety Act, the Na- and Mr. SIMON): mittee to notify the President concerning tional Traffic and Motor Vehicle Safe- S. 2195. A bill to provide for the regulation the proposed adjournment of the session; ty Act of 1966, and the Motor Vehicle of human tissue for transplantation to en- considered and agreed to. Information and Cost Savings Act of sure that such tissue is handled in a manner By Mr. LOTT: 1972, as amended. to preserve its safety and purity, and for S. Res. 316. A resolution tendering the other purposes; to the Committee on Labor thanks of the Senate to the Vice President WILLIAM J. CLINTON. and Human Resources. for the courteous, dignified, and impartial THE WHITE HOUSE, October 3, 1996. By Mr. LAUTENBERG (for himself, manner in which he has presided over the de- f Mr. LEVIN, Mr. BRADLEY, and Mr. liberations of the Senate; considered and DEWINE): agreed to. MEASURE PLACED ON THE S. 2196. A bill to require the Secretary to By Mr. LOTT: CALENDAR mint coins in commemoration of the sesqui- S. Res. 317. A resolution tendering the centennial of the birth of Thomas Alva Edi- thanks of the Senate to the President pro The following measure was read the tempore for the courteous, dignified, and im- first and second times by unanimous son, to redesign the half dollar circulating coin for 1997 to commemorate Thomas Edi- partial manner in which he has presided over consent and placed on the calendar: son, and for other purposes; to the Commit- the deliberations of the Senate. S. 94. A bill to amend the Congressional tee on Banking, Housing, and Urban Affairs. By Mr. LOTT: S. Res. 318. A resolution to commend the Budget Act of 1974 to prohibit the consider- By Mr. FAIRCLOTH (for himself and ation of retroactive tax increases. exemplary leadership of the Democratic Ms. MOSELEY-BRAUN): Leader; considered and agreed to. f S. 2197. A bill to extend the authorized pe- By Mr. DASCHLE: riod of stay within the United States for cer- S. Res. 319. A resolution to commend the EXECUTIVE REPORTS OF tain nurses; considered and passed. exemplary leadership of the Majority Lead- COMMITTEES By Mr. STEVENS (for himself and Mr. er; considered and agreed to. The following executive reports of MOYNIHAN): By Mr. LOTT (for Mr. HATFIELD): S. 2198. A bill to provide for the Advisory committees were submitted: S. Res. 320. A resolution authorizing the Commission on Intergovernmental Relations printing of a Senate document; considered By Mr. LUGAR, from the Committee on to continue in existence, and for other pur- and agreed to. Agriculture, Nutrition, and Forestry: poses; considered and passed. By Mr. BYRD: Ann Jorgensen, of Iowa, to be a Member of By Mr. LEAHY (for himself, Mr. S. Res. 321. A resolution authorizing the the Farm Credit Administration Board, MCCONNELL, and Mr. HEFLIN): acceptance of pro bono legal services by a Farm Credit Administration, for a term ex- S. 2199. A bill to provide funding for the Member of the Senate challenging the valid- piring May 21, 2002. nutrition, education, and training program ity of a Federal Statute in a civil action pur- (The above nomination was reported authorized under the Child Nutrition Act of suant to a statute expressly authorizing with the recommendation that she be 1966, and for other purposes; to the Commit- Members of Congress to bring such a civil action; considered and agreed to. confirmed, subject to the nominee’s tee on Agriculture, Nutrition, and Forestry. f By Mr. THURMOND: commitment to respond to requests to S. Res. 322. A resolution to commend the appear and testify before any duly con- SUBMISSION OF CONCURRENT AND exemplary leadership of the Democratic stituted committee of the Senate.) SENATE RESOLUTIONS Leader; considered and agreed to. By Mr. THURMOND: f The following concurrent resolutions S. Res. 323. A resolution to commend the INTRODUCTION OF BILLS AND and Senate resolutions were read, and exemplary leadership of the Majority Lead- referred (or acted upon), as indicated: er; considered and agreed to. JOINT RESOLUTIONS By Mr. LOTT: The following bills and joint resolu- By Mr. MCCAIN (for himself, Mr. ABRA- S. Res. 324. A resolution to provide funding tions were introduced, read the first HAM, Mr. BAUCUS, Mr. BENNETT, Mr. for the Office of Senate Fair Employment BINGAMAN, Mrs. BOXER, Mr. BRADLEY, and second time by unanimous con- Practices to carry out certain transition re- Mr. BREAUX, Mr. BROWN, Mr. BRYAN, sponsibilities; considered and agreed to. sent, and referred as indicated: Mr. CAMPBELL, Mr. COCHRAN, Mr. By Mr. BROWN: By Mr. KERRY: COHEN, Mr. CONRAD, Mr. CRAIG, Mr. S. Con. Res. 74. A concurrent resolution to S. 2190. A bill to amend the Internal Reve- D’AMATO, Mr. DASCHLE, Mr. DODD, provide for a change in the enrollment of nue Code of 1986 and the Social Security Act Mr. DOMENICI, Mr. DORGAN, Mr. EXON, H.R. 3539. S12304 CONGRESSIONAL RECORD — SENATE October 3, 1996 STATEMENTS ON INTRODUCED Unfortunately, this country has this bill so that America’s children of BILLS AND JOINT RESOLUTIONS made all too little progress in tackling every income level will be assured of By Mr. KERRY: the child support problem, and this has the support they need and deserve. S. 2190. A bill to amend the Internal been true under both Democratic and I ask unanimous consent that the Revenue Code of 1986 and the Social Se- Republican administrations. For all full text of the bill be printed in the curity Act to require the Internal Rev- women over the past decade, the aver- RECORD. enue Service to collect child support age child support payment due, the av- There being no objection, the bill was through wage withholding and to erage amount received, as well as the ordered to be printed in the RECORD, as eliminate State enforcment of child percentage of women with awards, have follows: support obligations other than medical remained virtually unchanged—adjust- S. 2190 support obligations; to the Committee ing for inflation. Similarly, the State Be it enacted by the Senate and House of Rep- on Finance. child support enforcement system that resentatives of the United States of America in THE UNIFORM CHILD SUPPORT ENFORCEMENT serves welfare families and nonwelfare Congress assembled, ACT OF 1996 families who ask for help has made SECTION 1. SHORT TITLE. Mr. KERRY. Mr. President, I am in- progress in paternity establishment, This Act may be cited as the ‘‘Uniform troducing legislation today to help en- but little progress overall. Over 500,000 Child Support Enforcement Act of 1996’’. sure that children across this country children had their paternity estab- SEC. 2. EFFECTIVE DATE; AMENDMENTS. get the economic support they need lished by State agencies in fiscal year (a) IN GENERAL.—This Act and the amend- and deserve from both parents in order 1994—a 50 percent increase over the last ments made by this Act shall take effect on to have a wholesome childhood, grow 5 years. But fewer than one out of the 1st day of the 1st calendar month that up healthy, and thrive. every five cases served by State agen- begins after the 3-year period that begins Mr. President, child support reform cies had any child support paid in fiscal with the date of the enactment of this Act, is an urgent public issue because it af- year 1994—a figure that has risen only if the Secretary of Health and Human Serv- fects so many children. In 1994, one out ices certifies to the Congress that on such slightly since fiscal year 1990. Mr. 1st day more than 50 percent of the States of every four children lived in a family President, it is an intolerable situation have not achieved a 75 percent collection with only one parent present in the for our Nation’s children when State rate in child support cases in which child home. Half of all the 18.7 million chil- child support agencies are making ab- support is awarded and due under the juris- dren living in single-parent families in solutely no collection in 80 percent of diction of such States pursuant to part D of 1994 were poor, compared with only their cases. title IV of the Social Security Act. slightly more than one out of every 10 My bill will help make sure that we (b) ELIMINATION OF PROVISIONS OF LAW RE- children in two-parent families. Clear- achieve real progress for children. Dur- LATING TO STATE ENFORCEMENT OF CHILD ly the payment of child support by the ing this session, Congress passed some SUPPORT OBLIGATIONS OTHER THAN MEDICAL SUPPORT OBLIGATIONS.—Not later than 90 absent parent is an important deter- important improvements in the child minant of the economic status of these days after the effective date of this Act and support system in the welfare bill that the amendments made by this Act, the Sec- children. recently became law. My bill would retary of Health and Human Services shall Unfortunately, the failure to pay give States a chance to implement submit to the appropriate committees of the child support is extraordinarily wide- these new changes and then assess Congress a legislative proposal proposing spread, cutting across income and ra- their success or failure. If these re- such technical and conforming amendments cial lines. Of the 10 million women forms succeed in dramatically improv- as are necessary to eliminate State enforce- raising children with an absent parent, ing the performance of State child sup- ment of child support obligations other than over 4 million had no support awarded. medical support obligations and to bring the port offices, then this bill would not Of those 5.4 million women who were law into conformity with the policy em- tinker with success. If, however, we do due support, slightly over half received bodied in this Act. not see dramatic improvement in col- the full amount due, while a quarter SEC. 3. NATIONAL CHILD SUPPORT ORDER REG- lections within the next 3 years, this received partial payment, and a quar- ISTRY. ter received nothing at all. Let me re- bill would ensure that we take bold (a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary of the peat that, Mr. President—more than steps to help children. This bill would leave establishment of paternity and Treasury shall establish in the Internal Rev- half of the women with child support enue Service a national registry of abstracts orders received no support or less than child support orders at the State level but move collection of support to the of child support orders. the full amount. (2) CHILD SUPPORT ORDER DEFINED.—As used Mr. President, common sense will national level where we can more ag- in this section, the term ‘‘child support tell you that children are hurt when gressively pursue interstate cases and order’’ means an order, issued or modified by parents do not pay support. But per- send a message to all parents obligated a State court or an administrative process haps some evidence will make the to pay support that making full and established under State law, that requires an point even clearer. A recent survey of timely support payments is an obliga- individual to make payments for support and single parents in Georgia, Oregon, tion as serious as making full and maintenance of a child or of a child and the parent with whom the child is living. Ohio, and New York documents the timely payment of taxes. If more than half the States do not achieve a 75-per- (b) CONTENTS OF ABSTRACTS.—The abstract real harm children suffer when child of a child support order shall contain the fol- support is not paid: During the first cent collection rate in their child sup- lowing information: year after the parent left the home, port cases, then the system of collec- (1) The names, addresses, and social secu- more than half the families surveyed tion would be federalized to ensure rity account numbers of each individual with faced a serious housing crisis. Nearly a that children get the support they need rights or obligations under the order, to the third reported that their children went and deserve. extent that the authority that issued the hungry at some point during the year. Mr. President, it has been 12 years order has not prohibited the release of such And over a third reported that their since this Congress passed the first information. (2) The name and date of birth of any child children lacked appropriate clothing major child support legislation. How- ever, despite this legislative effort and with respect to whom payments are to be such as a winter coat. made under the order. Mr. President, it is also clear that additional reforms in 1988, according to (3) The dollar amount of child support re- better child support enforcement can a recent study there is a higher default quired to be paid on a monthly basis under produce a lot more money for children. rate on child support payments than on the order. A 1994 study by the Urban Institute es- used car loans. I do not believe a single (4) The date the order was issued or most timates that if child support orders Member of this body will argue with recently modified, and each date the order is were established for all children with a me that this is wrong. If, under the required or scheduled to be reviewed by a living noncustodial father and these or- newly revised Federal law, States can court or an administrative process estab- rectify this situation, we can all take lished under State law. ders were fully enforced, aggregate (5) Any orders superseded by the order. child support payments would have pleasure and satisfaction from watch- (6) Such other information as the Sec- been $47.6 billion dollars in 1990—nearly ing them do it. If they cannot, we must retary of the Treasury, in consultation with three times the amount of child sup- no longer stand idly by wringing our the Secretary of Health and Human Services, port actually paid in this country. hands. I urge my colleagues to support shall, by regulation require. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12305 SEC. 4. CERTAIN STATUTORILY PRESCRIBED such employee during each month that such ‘‘(A) the amount collected under this sec- PROCEDURES REQUIRED AS A CON- certificate is in effect an additional amount tion with respect to periods during the tax- DITION OF RECEIVING FEDERAL equal to the amount of such obligation or able year, plus CHILD SUPPORT FUNDS. such other amount as may be specified by ‘‘(B) the amount (if any) paid by such indi- Section 466(a) of the Social Security Act the Secretary under subsection (d). vidual under section 6654 by reason of sub- (42 U.S.C. 666(a)), as amended by section 382 ‘‘(B) LIMITATION ON AGGREGATE WITHHOLD- section (f)(3) thereof for such taxable year. of the Personal Responsibility and Work Op- ‘‘(f) FAILURE TO PAY AMOUNT OWING.—If an portunity Reconciliation Act of 1996, is ING.—In no event shall an employer deduct individual fails to pay the full amount re- amended by inserting after paragraph (19) and withhold under this section from a pay- quired to be paid under subsection (e) on or the following: ment of wages an amount in excess of the before due date for such payment, the Sec- ‘‘(20)(A) Procedures which require any amount of such payment which would be per- retary shall assess and collect the unpaid State court or administrative agency that is- mitted to be garnished under section 303(b) amount in the same manner, with the same sues or modifies (or has issued or modified) a of the Consumer Credit Protection Act. powers, and subject to the same limitations child support order to transmit an abstract ‘‘(2) NOTICE TO SECRETARY.— applicable to a tax imposed by subtitle C the of the order to the Internal Revenue Service ‘‘(A) IN GENERAL.—Every employer who recollection of which would be jeopardized by on the later of— ceives a withholding certificate shall, within delay. ‘‘(i) the date the order is issued or modi- 30 business days after such receipt, submit a ‘‘(g) CREDIT OR REFUND FOR WITHHELD fied; or copy of such certificate to the Secretary. CHILD SUPPORT IN EXCESS OF ACTUAL OBLIGA- ‘‘(ii) the effective date of this paragraph. ‘‘(B) EXCEPTION.—Subparagraph (A) shall TION.—There shall be allowed as a credit ‘‘(B) Procedures which— not apply to any withholding certificate if— against the taxes imposed by subtitle A for ‘‘(i) require any individual with the right ‘‘(i) a previous withholding certificate is in the taxable year an amount equal to the ex- to collect child support pursuant to an order effect with the employer, and cess (if any) of— issued or modified in the State (whether be- ‘‘(ii) the information shown on the new ‘‘(1) the aggregate of the amounts de- fore or after the effective date of this para- certificate with respect to child support is scribed in subparagraphs (A) and (B) of sub- graph) to be presumed to have assigned to the same as the information with respect to section (e)(2), over the Internal Revenue Service the right to child support shown on the certificate in ef- ‘‘(2) the actual child support obligation of collect such support, unless the individual fect. the taxpayer for such taxable year. affirmatively elects to retain such right at ‘‘(3) WHEN WITHHOLDING OBLIGATION TAKES any time; and EFFECT.—Any withholding obligation with The credit allowed by this subsection shall ‘‘(ii) allow any individual who has made respect to a child support obligation of an be treated for purposes of this title as al- the election referred to in clause (i) to re- employee shall commence with the first pay- lowed by subpart C of part IV of subchapter scind or revive such election at any time.’’. ment of wages after the certificate is fur- A of chapter 1. SEC. 5. COLLECTION OF CHILD SUPPORT BY IN- nished. ‘‘(h) CHILD SUPPORT TREATED AS TAXES.— ‘‘(1) IN GENERAL.—For purposes of penalties TERNAL REVENUE SERVICE. ‘‘(d) SECRETARY TO VERIFY AMOUNT OF and interest related to failure to deduct and (a) IN GENERAL.—Chapter 77 of the Internal CHILD SUPPORT OBLIGATION.— withhold taxes, amounts required to be de- Revenue Code of 1986 (relating to miscellane- ‘‘(1) VERIFICATION OF INFORMATION SPECI- ducted and withheld under this section shall ous provisions), as amended by section FIED ON WITHHOLDING CERTIFICATES.—Within be treated as taxes imposed by chapter 24. 1204(a) of the Taxpayer Bill of Rights 2, is 45 business days after receiving a withhold- ‘‘(2) OTHER RULES.—Rules similar to the amended by adding at the end the following ing certificate of any employee, or a notice rules of sections 3403, 3404, 3501, 3502, 3504, new section: from any person claiming that an employee and 3505 shall apply with respect to child ‘‘SEC. 7525. COLLECTION OF CHILD SUPPORT. is delinquent in making any payment pursu- support obligations required to be deducted ‘‘(a) EMPLOYEE TO NOTIFY EMPLOYER OF ant to a child support obligation, the Sec- and withheld. CHILD SUPPORT OBLIGATION.— retary shall determine whether the informa- ‘‘(3) SPECIAL RULE FOR COLLECTIONS.—For ‘‘(1) IN GENERAL.—Each employee shall tion available to the Secretary under section purposes of collecting any unpaid amount specify, on each withholding certificate fur- 3 of the Uniform Child Support Enforcement which is required to be paid under this sec- nished to such employee’s employer— Act of 1996 indicates that such employee has tion— ‘‘(A) the monthly amount (if any) of each a child support obligation. ‘‘(A) paragraphs (4), (6), and (8) of section child support obligation of such employee, ‘‘(2) EMPLOYER NOTIFIED IF INCREASED WITH- 6334(a) (relating to property exempt from and HOLDING IS REQUIRED.—If the Secretary deter- levy) shall not apply, and ‘‘(B) the TIN of the individual to whom mines that an employee’s child support obli- ‘‘(B) there shall be exempt from levy so each such obligation is owed. gation is greater than the amount (if any) much of the salary, wages, or other income ‘‘(2) WHEN CERTIFICATE FILED.—In addition shown on the withholding certificate in ef- of an individual as is being withheld there- to the other required times for filing a with- fect with respect to such employee, the Sec- from in garnishment pursuant to a judgment holding certificate, a new withholding cer- retary shall, within 45 business days after entered by a court of competent jurisdiction tificate shall be filed within 30 days after the such determination, notify the employer to for the support of his minor children. date of any change in the information speci- whom such certificate was furnished of the ‘‘(i) COLLECTIONS DISPERSED TO INDIVIDUAL fied under paragraph (1). correct amount of such obligation, and such OWED OBLIGATION.— ‘‘(3) PERIOD CERTIFICATE IN EFFECT.—Any amount shall apply in lieu of the amount (if ‘‘(1) IN GENERAL.—Payments received by specification under paragraph (1) shall con- any) specified by the employee with respect the Secretary pursuant to this section or by tinue in effect until another withholding cer- to payments of wages by the employer after reason of section 6654(f)(3) which are attrib- tificate takes effect which specifies a change the date the employer receives such notice. utable to a child support obligation payable in the information specified under paragraph ‘‘(3) DETERMINATION OF CORRECT AMOUNT.— for any month shall be paid (to the extent (1). In making the determination under para- such payments do not exceed the amount of ‘‘(4) AUTHORITY TO SPECIFY SMALLER CHILD graph (2), the Secretary shall take into ac- such obligation for such month) to the indi- SUPPORT AMOUNT.—In the case of an em- count whether the employee is an employee vidual to whom such obligation is owed as ployee who is employed by more than 1 em- of more than 1 employer and shall appro- quickly as possible. Any penalties and inter- ployer for any period, such employee may priately adjust the amount of the required est collected with respect to such payments specify less than the monthly amount de- withholding from each such employer. scribed in paragraph (1)(A) to each such em- also shall be paid to such individual. ployer so long as the total of the amounts ‘‘(e) CHILD SUPPORT OBLIGATIONS REQUIRED ‘‘(2) SHORTFALLS IN PAYMENTS MADE BY specified to all such employers is not less TO BE PAID WITH INCOME TAX RETURN.— OTHER WITHHELD AMOUNTS.—If the amount than such monthly amount. ‘‘(1) IN GENERAL.—The child support obliga- payable under a child support obligation for ‘‘(b) CERTAIN OBLIGATIONS EXEMPT.—This tion of any individual for months ending any month exceeds the payments (referred in section shall not apply to a child support ob- with or within any taxable year shall be paragraph (1)) received with respect to such ligation for any month if the individual to paid— obligation for such month, such excess shall whom such obligation is owned has so noti- ‘‘(A) not later than the last date (deter- be paid from other amounts received under fied the Secretary and the individual owing mined without regard to extensions) pre- subtitle C or section 6654 with respect to the such obligation more than 30 business days scribed for filing his return of tax imposed individual owing such obligation. The treas- before the beginning of such month. by chapter 1 for such taxable year, and ury of the United States shall be reimbursed ‘‘(c) EMPLOYER OBLIGATIONS.— ‘‘(B)(i) if such return is filed not later than for such other amounts from collections ‘‘(1) REQUIREMENT TO DEDUCT AND WITH- such date, with such return, or from the individual owing such obligation. HOLD.— ‘‘(ii) in any case not described in clause (i), ‘‘(3) FAMILIES RECEIVING STATE ASSIST- ‘‘(A) IN GENERAL.—Every employer who rein such manner as the Secretary may by reg- ANCE.—In the case of an individual with receives a certificate under subsection (a) that ulations prescribe. spect to whom an assignment of child sup- specifies that the employee has a child sup- ‘‘(2) CREDIT FOR AMOUNT PREVIOUSLY PAID.— port payments to a State is in effect— port obligation for any month shall deduct The amount required to be paid by an indi- ‘‘(A) of the amounts collected which rep- and withhold from the wages (as defined in vidual under paragraph (1) shall be reduced resent monthly support payments, the first section 3401(a)) paid by such employer to by the sum of— $50 of any payments for a month shall be S12306 CONGRESSIONAL RECORD — SENATE October 3, 1996 paid to such individual and shall not be con- ‘‘(3) CHILD SUPPORT OBLIGATIONS.—For pur- aliens; to the Committee on the Judici- sidered as income for purposes of calculating poses of applying this section, the amounts ary. amounts of State assistance, and collected under section 7525 shall be deemed ‘‘(B) all other amounts shall be paid to to be a payment of the amount described in THE ALIEN PUBLIC ASSISTANCE BENEFITS such State pursuant to such assignment. subsection (f)(3) on the date such amounts AMENDMENTS OF 1996 ‘‘(j) TREATMENT OF ARREARAGES UNDER were actually withheld or paid, as the case Mr. SIMPSON. Mr. President, this CHILD SUPPORT OBLIGATIONS NOT SUBJECT TO may be.’’ legislation is necessary to put into law SECTION FOR PRIOR PERIOD.—If— (d) PENALTY FOR FALSE INFORMATION ON those very important provisions of the ‘‘(1) this section did not apply to any child WITHHOLDING CERTIFICATE.—Section 7205 of recent immigration bill which were de- support obligation by reason of subsection such Code (relating to fraudulent withhold- leted at the insistence of the White ing exemption certificate or failure to supply (b) for any prior period, and House. ‘‘(2) there is a legally enforceable past-due information) is amended by adding at the amount under such obligation for such pe- end the following new subsection: The taxpayers of the United States, riod, ‘‘(c) WITHHOLDING OF CHILD SUPPORT OBLI- and particularly those in the most GATIONS.—If any individual willfully makes a then such past-due amount shall be treated heavily immigration-impacted States false statement under section 7525(a), then for purposes of this section as owed (until such as California, deserve our protec- such individual shall, in addition to any paid) for each month that this section ap- tion of the public treasury as contained other penalty provided by law, upon convic- plies to such obligation. in this measure. tion thereof, be fined not more than $1,000, or ‘‘(k) DEFINITIONS AND SPECIAL RULES.— imprisoned not more than 1 year, or both.’’ Without the provisions included in ‘‘(1) DEFINITIONS.—For purposes of this sec- (e) NEW WITHHOLDING CERTIFICATE RE- this bill, persons who are eligible to re- tion— QUIRED.—Not later than 90 days after the ceive food stamps and other public as- ‘‘(A) WITHHOLDING CERTIFICATE.—The term date this Act takes effect, each employee sistance will now be permitted to bring ‘withholding certificate’ means the with- who has a child support obligation to which holding exemption certificate used for pur- to the United States their immigrant section 7525 of the Internal Revenue Code of relatives whose income is also below poses of chapter 24. 1986 (as added by this section) applies shall ‘‘(B) BUSINESS DAY.—The term ‘business furnish a new withholding certificate to each the threshold for many of the Nation’s day’ means any day other than a Saturday, of such employee’s employers. An certificate welfare programs. And this, despite, Sunday, or legal holiday (as defined in sec- required under the preceding sentence shall our professed tradition of not allowing tion 7503). be treated as required under such section any person ‘‘likely, at any time, to be- ‘‘(2) TIMELY MAILING.—Any notice under 7525. come a public charge’’ to immigrate to subsection (c)(2) or (d)(2) which is delivered (f) REPEAL OF OFFSET OF PAST-DUE SUP- by United States mail shall be treated as this country. PORT AGAINST OVERPAYMENTS.— Without the provisions of this bill, il- given on the date of the United States post- (1) Section 6402 of such Code, as amended mark stamped on the cover in which such by section 110(l)(7) of the Personal Respon- legal aliens will continue to receive notice is mailed. sibility and Work Opportunity Reconcili- drivers’ licenses, and under the ‘‘(l) REGULATIONS.—The Secretary shall ation Act of 1996, is amended by striking sub- ‘‘motor-voter’’ law provisions, these il- prescribe such regulations as may be nec- sections (c) and (h) and by redesignating sub- legal aliens with drivers’ licenses could essary or appropriate to carry out the pur- sections (d), (e), (f), (g), (i), and (j) as sub- well wind up voting in U.S. elections. poses of this section.’’ sections (c), (d), (e), (f), (g), and (h), respec- Without the protections contained in (b) WITHHELD CHILD SUPPORT TO BE SHOWN tively. ON W–2.—Subsection (a) of section 6051 of this bill, illegal aliens could continue (2) Subsection (a) of section 6402 of such to receive treatment for AIDS at tax- such Code, as amended by section 310(c)(3) of Code, as so amended, is amended by striking the Health Insurance Portability and Ac- ‘‘(c), (d), and (e)’’ and inserting ‘‘(c) and (d)’’. payers’ expense. Please hear that—per- countability Act of 1996, is amended by strik- (3) Subsection (c) of section 6402 of such sons who should not even be in the ing ‘‘and’’ at the end of paragraph (10), by Code (as redesignated by paragraph (1)) is country—who are here in violation of striking the period at the end of paragraph amended— our laws—could receive treatment for (11) and inserting ‘‘, and’’, and by inserting (A) by striking ‘‘(other than past-due sup- AIDS at a current average cost of after paragraph (11) the following new para- port subject to the provisions of subsection graph: $119,000 per person. (c))’’ in paragraph (1), Without this legislation, illegal ‘‘(12) the total amount deducted and with- (B) by striking ‘‘after such overpayment is held as a child support obligation under sec- reduced pursuant to subsection (c) with re- aliens will be permitted to remain in tion 7525(c).’’ spect to past-due support collected pursuant public housing for up to 18 months, (c) APPLICATION OF ESTIMATED TAX.— to an assignment under section 402(a)(26) of even after they have been identified (1) IN GENERAL.—Subsection (f) of section the Social Security Act and’’ in paragraph and are determined to be ineligible for 6654 of such Code (relating to failure by indi- (2). this taxpayer-funded assistance. An un- vidual to pay estimated income tax) is (4) Subsection (d) of section 6402 of such conscionable result. amended by striking ‘‘minus’’ at the end of Code (as redesignated by paragraph (1)) is paragraph (2) and inserting ‘‘plus’’, by redes- Without the provisions of this bill, amended by striking ‘‘or (d)’’. immigrants who have become depend- ignating paragraph (3) as paragraph (4), and (g) REPEAL OF COLLECTION OF PAST-DUE by inserting after paragraph (2) the following SUPPORT.—Section 6305 of such Code is here- ent on taxpayer-funded welfare will new paragraph: by repealed. now be able to evade deportation be- ‘‘(3) the aggregate amount of the child sup- (h) CLERICAL AMENDMENTS.— cause of a previous court decisionmak- port obligations of the taxpayer for months (1) The table of sections for subchapter A ing immigrants on public assistance ending with or within the taxable year of chapter 64 of such Code is amended by immune from deportation. This bill (other than such an obligation for any striking the item relating to section 6305. will clearly define the term ‘‘public month for which section 7525 does not apply (2) The table of sections for chapter 77 of charge’’ and make that important pro- to such obligation), minus’’. such Code is amended by adding at the end (2) Paragraph (1) of section 6654(d) of such thereof the following new item: vision enforceable once again. Code is amended by adding at the end the Without the provisions herein, illegal ‘‘Sec. 7525. Collection of child support.’’ following new subparagraph: aliens will continue to receive Social ‘‘(D) DETERMINATION OF REQUIRED ANNUAL (h) USE OF PARENT LOCATOR SERVICE.—Sec- Security credit for performing unau- PAYMENT FOR TAXPAYERS REQUIRED TO PAY tion 453(a) of the Social Security Act (42 thorized work in the United States. A U.S.C. 653(a)) is amended by inserting ‘‘or CHILD SUPPORT.—In the case of a taxpayer startling result. who is required under section 7525 to pay a the Internal Revenue Service’’ before ‘‘infor- child support obligation (as defined in sec- mation as’’. Without the procedures provided in tion 7525) for any month ending with or with- the measure for verifying an immi- in the taxable year, the required annual pay- By Mr. SIMPSON (for himself and grant’s eligibility for welfare, we will ment shall be the sum of— Mr. KYL): continue to have illegal aliens who ob- ‘‘(i) the amount determined under subpara- S. 2191. A bill to amend the Immigra- tain welfare merely by claiming they graph (B) without regard to subsection (f)(3), tion and Nationality Act, the Personal are a U.S. citizen. plus Responsibility and Work Opportunity And, without the authorization pro- ‘‘(ii) the aggregate amount described in Reconciliation Act of 1996, and the Ille- vided in this bill, States will not have subsection (f)(3).’’ (3) CREDIT FOR WITHHELD AMOUNTS, ETC.— gal Immigration Reform and Immi- the authority to establish their own Subsection (g) of section 6654 of such Code is grant Responsibility Act of 1996, to verification systems in order to pre- amended by adding at the end the following modify provisions of law relating to vent illegal aliens from obtaining new paragraph: public assistance and benefits for State and local welfare benefits. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12307 Mr. President, the provisions in this surplus Federal property would not be There are numerous private groups bill were included in the illegal immi- altered by this new program. My bill and individuals already lending vol- gration bills that passed by overwhelm- would simply add foreign recipients to untary assistance overseas. Many are ing majorities in both Houses of Con- the list of eligible domestic recipients. supported by the Federal Government, gress. However, by holding the sword of It would place foreign countries at the others operate on their own funds or a Government shutdown over the head end of the current pecking order of eli- with funds privately raised. A modestly of the Congress, President Clinton gibility behind domestic claimants for funded program providing humani- forced the Senate to delete these im- receiving surplus Federal property. tarian assistance to the Newly Inde- portant provisions. This legislation U.S. private organizations and indi- pendent States of the former Soviet will swiftly restore them. viduals presently donate surplus prop- Union, for example, involves charitable Most immigrants are hard working erty to virtually any recipient they contributions and shipments of do- and self-sufficient. Many of those who want. Many prefer to donate their nated goods from more than 700 cities do use welfare use it only because our goods to domestic groups or to private in all 50 States and from virtually laws and processes make it available to voluntary organizations. However some every congressional district. Thou- them. If it is not available, they will wish to ship their donated goods to for- sands of American citizens willing to continue to work hard, succeed, and eign recipients. Nothing in my pro- give of their time, talents, and re- obtain the American dream without posed bill would mandate any change sources make this program work. The welfare—just as immigrants to this in the manner private sector organiza- program I am proposing will involve country have for most of our history. tions now donate their surplus prop- less bureaucracy, less redtape, less However, this administration not erties. In fact, private organizations funding, and more voluntarism. Be- only resists sensible controls on the wishing to donate charitable goods cause of this, spare equipment and dis- use of welfare by legal immigrants, it abroad now find the process difficult, posable goods can be provided more also insists on provisions that will re- time consuming, and expensive. This quickly and at lower costs than tradi- sult in illegal aliens accessing the wel- bill would make it easier, faster, and tional official foreign assistance. fare system—for example, by falsely less costly to do so. Participation in international assist- claiming to be U.S. citizens. The Amer- Mr. President, this legislation will ance efforts by the private sector is ican people should be appalled by that. bring benefits to many participants. It generally limited to collecting and Mr. President, the efforts of this ad- will provide us with another tool to ministration to so dramatically change conduct American foreign policy. It making donations or preparing goods a vital part of title V of the illegal im- will benefit private enterprises such as for shipment. My bill seeks to expand migration bill at the last minute ill- businesses, farms, associations, and strengthen their participation by serves the taxpayers of this country. schools, and others who make chari- creating a viable second track for as- Both its policies and its tactics are table donations to the program. It will sistance alongside the government-to- dead wrong. This bill will remedy that strengthen private voluntary groups government track. cunning manipulation of the legisla- and non-governmental organizations While overall responsibility for man- tion process, and I urge my colleagues who receive and transfer donated agement of the program will reside to support it. items, and it will bring help to recipi- with a program coordinator in the De- ent countries and requesting organiza- partment of State, several provisions By Mr. LUGAR: tions in those countries. The bill is, I in my bill strengthen and encourage S. 2193. A bill to establish a program believe, a winner for all parties in- the role of the private sector. The coor- for the disposition of donated private volved. dinator is authorized to enlist the serv- sector and United States Government If enacted, this bill would add an- ices of private organizations and vol- nonlethal personal property needed by other cost-effective tool for carrying untary organizations to collaborate in eligible foreign countries; to the Com- out U.S. foreign policy. It will help fill all phases of the program. Finally, the mittee on Foreign Relations. some of the gap created by the steady bill enhances the role of private orga- THE U.S. VOLUNTARY AND MATERIAL reductions in our official foreign as- nizations and voluntary groups by au- ASSISTANCE ACT OF 1996 sistance program. thorizing their involvement in identi- ∑ Mr. LUGAR. Mr. President, I intro- My bill would provide donated equip- fying and verifying requests from duce the ‘‘United States Voluntary and ment and goods at much lower costs abroad, receiving donations, and dis- Material Assistance Act of l996.’’ than official foreign assistance, there- tributing and monitoring items once This bill establishes a program for by further reducing the burden on they are delivered. the voluntary transfer of nonlethal American taxpayers. Because the goods Donations of excess goods to eligible equipment and goods donated by the are donated and not procured, because countries can bring many tangible and private sector and made available as the shipping costs can be negotiated nontangible benefits to American busi- surplus personal property by Federal downward through competitive bid- ness. Many American firms already do- agencies. The recipients of these dona- ding, because the program requires nate large quantities of usable medical, tions are eligible foreign countries who very little management and bureau- agricultural, educational, pharma- make legitimate requests through the cratic infrastructure, and because it ceutical, and other equipment and program. will rely heavily on volunteers and consumables to foreign countries. This My bill combines the surpluses gen- nongovernmental organizations, the is testimony to the generosity and erated from our wealth, the innate gen- cost of providing foreign assistance pragmatism of American business. erosity of the American people, our en- will be significantly reduced. trepreneurial dynamism, and our hu- Mr. President, some small-scale The practicality of donating surplus manitarianism into a cost-effective model programs now providing donated goods is extensive. Apart from the posi- program of public-private assistance to humanitarian goods abroad claim they tive public relations that voluntary do- serve our foreign policy and commer- provide more than ten dollars’ worth of nations can bring, the disposal of sur- cial interests. items for every one dollar invested. In plus goods can reap other concrete ad- The bill I am introducing today cases where transportation costs are vantages for American business. Dona- would look to both Federal agencies low and the value of the donated goods tions of goods can help open valuable and the private sector for donations of are high, there can be a better than 100 storage space and reduce related costs usable goods and equipment for ship- to 1 ratio in the value of donations sup- for both the Federal Government and ment abroad. The disposition of surplus plied to the cost of the program. private donors who wish to upgrade, re- personal property from the Federal In addition to the cost effectiveness, structure, or reinventory their stocks Government is managed and regulated this program inspires and reinforces of equipment and products. It can gen- under the Federal Property and Admin- the generosity and volunteer spirit of erate financial benefits to private busi- istrative Services Act of l949, and the American people. It encourages ex- nesses by reducing tax liabilities de- amendments thereto. The system of tensive grassroots involvement to rived from charitable donations not priorities that now exists for disposing make the program a success. fully depreciated. S12308 CONGRESSIONAL RECORD — SENATE October 3, 1996 American businesses can also enjoy haran Africa countries are most seri- The outfitter and guide industry is a market advantages by making dona- ous and extensive. It is my hope that a multifaceted venture. Idaho’s cowboys tions to countries where they have lit- significant effort can be devoted to this are such an integral part of our culture tle or no market presence. This can be underdeveloped region of the world. that it’s difficult to establish a date a considerable advantage for compa- Finally, the bill authorizes a modest upon which they became part of the nies wishing to establish an inter- appropriations for fiscal years l997 and recreation industry. Idaho’s national market presence, to learn l998 of $20 and $25 million respectively. whitewater industry traces back as an about foreign markets, establish or ex- These funds will be used to establish offshoot of surplus World War II rafts pand business networks, or generate in- the program, and pay for personnel, re- and has enjoyed booming growth since terest in their products. Acts of good lated infrastructure, and transpor- the end of the 1940’s. Alongside these will can have a self-serving motive. tation costs involved in shipping dona- activities has developed a complex of- Let me spell out some of the major tions abroad. fering of hunting, fishing, hiking, features of this bill. First, my bill I hope the United States Voluntary llama packing, photography tours, out- would establish a program coordinator and Material Assistance Act of l996 will door skills training—anything needed in the Department of State who would draw the support of the U.S. Senate to whet the appetite and meet the ex- be responsible for the overall manage- and the Congress.∑ pectations of visitors to our State. ment of the program. The coordinator It wasn’t until 1982 that the Forest By Mr. CRAIG: will be more than a recycler of surplus S. 2194. A bill to provide the public Service and the Bureau of Land Man- property. He will have the responsibil- with access to quality outfitter and agement established a formal policy ity for responding to legitimate re- guide services on Federal lands, and for for the issuance and administration of quests from abroad by developing a other purposes; to the Committee on outfitter and guide special use permits. system for identifying, receiving, and Energy and Natural Resources. But Bureau of Reclamation has only shipping donations. He will be charged this year begun to develop such a pol- THE OUTFITTER AND GUIDE POLICY ACT OF 1996 with overseeing the receipt, classifica- icy with no input whatsoever from this ∑ Mr. CRAIG. Mr. President, I am in- tion, storage, shipment, and use of do- troducing today legislation to provide Congress. Most outfitters will tell you that nated properties to the program. Fi- the public with access to high quality nally, he will be charged with ensuring outfitter and guide services on Federal they have an excellent relationship quality control of the donations and lands. with their agency partners. There is a surplus properties so that the program The public served are visitors to the clear emphasis in this partnership on does not become a repository for un- remote and challenging backcountry of high quality service to the public, re- wanted goods. He would be charged our national forests, public lands, wild- source protection and a fair return to with assisting private voluntary orga- life refuges, national parks, and in a the government for the opportunity of nizations and nongovernmental organi- dew instances, lands managed by the doing business on public lands. zations in the implementation of the Bureau of Reclamation. Many people Over the past 4 years, however, an in- program. lack the skills, equipment, and experi- creasing number of outfitters and My bill will permit only non-lethal ence to visit the rugged areas found on guides have witnessed steady deteriora- property donations or surplus items our public lands. They depend upon the tion of this professional relationship. under the program. No item designed services of professional outfitters and That deterioration is occurring at the for military, religious, or political use guides for traveling into these areas, field level, undoubtedly as a con- will be allowed. for their comfort and safety, and for sequence of agency reorganization, The program will not generate needs gaining the memorable experiences down-sizing, budget restraints, and de- but would attempt to satisfy those re- that keep millions of people returning centralization of policy review. Indi- quests which have been authenticated to these special places each year. vidual problems are difficult to address through our overseas missions, Peace The 374 small outiftter and guide in formal administrative procedures, Corps, or private voluntary organiza- businesses spread across my State of because Congress has never created the tions. The search for usable items in Idaho are stable businesses and sub- fundamental principles to guide this the United States will take place only stantial contributors to Idaho’s econ- relationship. after the coordinator has received a le- omy. The total gross economic effect Outfitters in my State also believe— gitimate request from abroad and en- attributed to outfitting and guiding ac- and they make a credible case—that tered it into the program. Once identi- tivities in Idaho is in excess of $100 mil- there is an alarming surge of bias fied, a donation must be certified as ac- lion annually, benefiting many local against commercial operations in con- ceptable for their intended use. This motels, restaurants, retail stores, and gressionally designated wilderness and program must not and will not be an a backcountry transportation network other backcountry management areas. outlet for damaged goods which only of charter air and bus companies. As guiding services are eliminated or add to the cost of the program and un- Because Idaho is a prime destination reduced in these areas, so go the oppor- dermine its objectives. for American and international visi- tunities for our own citizens and our In addition to quality assurances, the tors, the typical Idaho outfitter does international visitors to experience the bill requires that the coordinator de- reasonably well in his or her business, American West in a manner reminis- velop a policy to ensure that the dona- with a net return of 10 percent of gross cent of the way Jim Bridger and Lewis tions and Federal surpluses be used, op- revenue, according to a study in 1993 by and Clark once saw it. erated, and maintained by the recipi- the University of Idaho’s Department I am introducing legislation today to ent in a manner that was intended of Resource Recreation and Tourism. address this deficiency. I am introduc- when requested and transferred. Nationally, the statistics are not as ing this legislation so a discussion can Only those countries now eligible for rosy. Studies indicate the outfitter and begin on an outfitter and guide policy. U.S. foreign assistance can participate. guide industry as a whole expect to net I will pursue a policy in the coming Additional requirements to enhance only 4.1 percent of their gross revenue. Congress. the integrity of the program are built Nonetheless, these outfitter and guide This bill begins a process of setting into the program. The transferred services will attract a significant eco- in place clear policy for agency man- items cannot be resold for profit by or nomic benefit—new money, if you agers to provide access to the Federal in the recipient country and no trans- will—to the rural communities and lands for that segment of the public fer will be permitted to countries counties in which they operate. that needs or desires the services of which impose special import duties on With the exception of concessioner outfitters and guides. It expresses the the donated properties. law governing hospitality services at intent of this Congress that those The bill suggests that the President national parks, this Congress has never needs will be met through competition and the coordinator test the efficacy of addressed the practices of the outfitter in the quality of services offered to the the program in pilot programs in sub- and guide industry and the needs of the public, through responsible resource Saharan Africa. While there are needs millions of visitors who use these serv- protection, and through a fair fee to around the world, the needs of sub-Sa- ices on Federal lands. the government. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12309 This bill also raises the bar and sets 1996. I want to acknowledge at this unregulated practice of medicine for a higher standard for outfitter and time the hard work and cosponsorship over thirty year. During this time, the guide performance in the next century. of my colleagues, Senators DODD and major problems with tissue and, for We want and need their investment in SIMON, who have acted tirelessly in that matter, organ transplantation the training and equipment and facili- crafting this legislation which I believe have been, first, the risk of infectious ties required by the public to visit enjoys broad support throughout the disease and, second, the lack of enough backcountry. That’s not a job the industry, and which offers patients re- donated tissues and organs for all the agencies can or should be doing. ceiving transplanted human tissues patients who need them. There has If outfitters are living up to their substantial new safety protection and never been any demonstrated need for commitment to the public, their in- assurance of quality. a premarket approval mechanism for vestment should be secured and good This bill addresses regulation by the tissue transplantation. Indeed, the lack service rewarded by performance-based Food and Drug Administration of of premarket approval has permitted renewal of a right to operate. human tissue, including cells grown rapid progress to occur in this field, But I think Congress has been very from a patient’s own tissue, for trans- along with faster patient access to im- clear in debating proposed concessions plantation. The bill also addresses the portant new therapies. policy reform that satisfactory is just regulation of stem cells obtained from This bill also recognizes that human no longer good enough. Congress needs umbilical cord blood, which involves cells and tissues are not drugs, biologi- to give the agencies a clear signal that similar issues. cal products, or medical devices, and the bad and the mediocre are to be re- The purpose of this legislation is to that it is inappropriate to regulate moved from a system upon which the ensure that human tissue is regulated them as if they were. Drugs may be American public relies for its use and in a manner that ensures its safety, toxic or carcinogenic, while tissue is enjoyment of recreation resources. while allowing efficacy to be dem- not. Drugs circulate in the bloodstream Over the past 4 years, my colleague onstrated through the use of patient and have systemic effects, while tissue from Utah and my colleague from Ar- outcome registries rather than pre- is typically transplanted into a local- kansas have grappled with the unique market approval mechanisms that ized area and does not circulate in the and sometimes peculiar details of the would impede patient access and bur- blood. For these, and many other rea- outfitter and guide industry. Similarly den the development of important new sons, tissue is generally less risky than my colleague from Alaska, who is also tissue repair therapies. the products that FDA traditionally the author of concessions policy legis- Mr. President, I find it shocking that regulates. The results of transplan- lation, is very knowledgeable of the FDA does not even have a list of the tation generally are much more pre- very large outfitter and guide industry hundreds of tissue banks in this coun- dictable than are the effects of a syn- in his State. try that process human tissue from ca- thetic chemical. It does not make sense I would hope that in the next Con- davers. Without such a list, FDA can- to regulate human tissue under a regu- gress we can combine our efforts to not send inspectors to these tissue latory regime designed for vastly dif- meet the needs of a public who banks to ensure that they comply with ferent products. Nor does it make sense confront a very diverse choice of recre- the Agency’s infectious disease screen- to regulate autologous tissue more ation opportunities on Federal lands. I ing requirements. We should not wait stringently than allogeneic tissue. am convinced that we err in attempt- until a child get AIDS from infected We also recognize that, unlike the ing to squeeze these diverse operations tissue to empower FDA to ensure com- patented products that FDA regulates, into the same mold. There is a unique- pliance with its infectious disease human tissue transplantation typically ness in the outfitters and guide indus- screening requirements. involves nonproprietary substances, try that deserves to be addressed sepa- At the same time, our bill would cre- such as heart valves, bone marrow, cor- rately. ate reduced regulation for the safest neas, and ligaments. As a result, it’s I want to assure my colleagues that type of human tissue—human cells difficult for physicians, tissue banks, my introduction of outfitter and guide that are taken from a patient biopsy, and biotechnology companies that de- legislation is not solely a reaction to grown in cell culture, and then re- velop new ways to use tissue to finan- their efforts. The possibility of this implanted into the same patient to re- cially justify the expenditures associ- legislation has been a point of discus- pair or replace similar tissue. This type ated with meeting premarket approval sion among Idaho outfitters and myself of tissue, known as autologous tissue, requirements. It is unclear, for infor over 2 years. presents no risk of infectious disease. stance, that bone marrow transplan- In the meantime, the hunch that the Although autologous tissue has histori- tation would have been developed had agency relationship was disintegrating cally been unregulated, both in the FDA required premarket approval for has become a reality. Some far-ranging U.S. and throughout the world, the this technology. And, indeed, when problems have been developing and FDA recently announced that it would FDA decided to require premarket ap- have taken on clarity for an industry begin requiring premarket approval for proval for human heart valves, two of that is critically important to the this class of tissue in December 1997. the four tissue banks that supplied economy of my State and most other The FDA’s policies for allogeneic, these heart valves to surgeons went Western States. We were perhaps short- that is, from a donor source, and out of business. sighted in not addressing the overall autologous, that is, from the same pa- The bottom line is that FDA’s plan structure and operations of this indus- tient, tissue are inconsistent with the to regulate many types of human tis- try in a more formal fashion at the be- concept of regulating products based sue as if they were drugs, and to regu- ginning of this decade. on risk. For instance, cartilage that is late autologous tissue more stringently I look forward in the coming months obtained from a cadaver presents a than allogeneic tissue, is an exercise of to detailed discussions of the steps to number of risks—infectious disease, re- trying to fit square pegs in round be taken in correcting these problems.∑ jection by the patient’s body, graft-ver- holes. It will significantly increase the sus-host disease, and the risks associ- costs of developing new tissue repair By Mr. WYDEN (for himself, Mr. ated with using immunosuppressive therapies, while delaying patient ac- DODD, and Mr. SIMON): drugs—but is not subject to premarket cess for years. S. 2195. A bill to provide for the regu- approval. It does not make sense to re- This bill also addresses the regula- lation of human tissue for transplan- quire premarket approval for a pa- tion of umbilical cord blood, a related tation to ensure that such tissue is tient’s own cartilage, when alternative, field with tremendous medical promise. handled in a manner to preserve its and more risky, sources of cartilage Until recently, a baby’s umbilical cord safety and purity, and for other pur- are essentially unregulated. was considered to be a disposable medi- poses; to the Committee on Labor and This bill approaches this field from a cal waste. Now we know that umbilical Human Resources. very different perspective. We begin cord blood is a rich source of stem THE HUMAN TISSUES SAFETY ACT OF 1996 with a recognition that transplan- cells, which like bone marrow can be ∑ Mr. WYDEN. Mr. President, I intro- tation of human tissue, whether used in transplantation to treat child- duce the Human Tissues Safety Act of allogeneic or autologous, has been an hood leukemia and other cancers. In S12310 CONGRESSIONAL RECORD — SENATE October 3, 1996 fact, cord blood stem cells are even century.’’ We have the opportunity to (4) 1997 will mark the sesquicentennial of better than bone marrow stem cells be- again honor one of the world’s greatest Thomas A. Edison’s birth. cause cord blood cells require less pre- inventors by issuing both commemora- TITLE I—COMMEMORATIVE COINS cise donor matching than bone marrow tive and circulating coins with Mr. SEC. 101. COIN SPECIFICATIONS. cells. Edison’s likeness. (a) DENOMINATIONS.—In commemoration of Bone marrow transplantation has Mr. President, not only would these the sesquicentennial of the birth of Thomas been essentially unregulated for the coins honor the memory of Thomas A. Edison, the Secretary of the Treasury (in past 30 years, and during that time the Edison, they would also raise revenue this Act referred to as the ‘‘Secretary’’) shall mint and issue the following coins: to support organizations that preserve principal problem has not been a lack (1) $1 SILVER COINS.—Not more than 350,000 of safety or efficacy, but a lack of bone his legacy. The two New Jersey Edison 1 dollar coins, each of which shall— marrow. Only about 10 percent of sites, the ‘‘invention factory’’ in West (A) weigh 26.73 grams; transplant candidates are able to ob- Orange, NJ, and the Edison Memorial (B) have a diameter of 1.500 inches; and tain a donor match in time to save Tower in Edison, NJ, are both in poor (C) contain 90 percent silver and 10 percent their lives. So cord blood transplan- condition. Irreplaceable records and copper. tation is an exciting and potentially priceless memorabilia are in danger of (2) HALF DOLLAR SILVER COINS.—Not more than 350,000 half dollar coins, each of which lifesaving new development. being destroyed because of leaky roofs, shall— Unfortunately, while bone marrow defective electrical systems and faulty (A) weigh 12.50 grams; transplantation was developed at a sprinkler systems. The profits raised (B) have a diameter of 1.205 inches; and time when FDA did not feel the need to from surcharges on the commemora- (C) contain 90 percent silver and 10 percent subject every new therapy to pretive coins would provide funds to repair copper. market approval, cord blood transplan- and preserve these and five other his- (b) LEGAL TENDER.—The coins minted tation was not. As in the case of torical Edison sites across the country under this title shall be legal tender, as provided in section 5103 of title 31, United States autologous cell therapies, FDA is pro- and to expand educational programs Code. posing to regulate cord blood trans- that teach us about this great Amer- (c) NUMISMATIC ITEMS.—For purposes of plantation as if it were a drug, signifi- ican. section 5134 of title 31, United States Code, cantly hindering the development of Let me emphasize that this legisla- all coins minted under this title shall be con- this new therapy. tion would have no net cost to the Gov- sidered to be numismatic items. Mr. President, this bill does not an- ernment. In fact, because circulating SEC. 102. SOURCES OF BULLION. swer all of the questions. For example, coins are a source of Government reve- The Secretary shall obtain silver for mint- I believe that when we take up this leg- nue known as seigniorage, this bill will ing coins under this title only from stock- islation at the beginning of the next reduce Government borrowing require- piles established under the Strategic and Critical Materials Stock Piling Act. Congress we must address issues in- ments, thereby lowering the annual including safeguarding the confidential- terest payments on the national debt. SEC. 103. DESIGN OF COINS. (a) DESIGN REQUIREMENTS.— ity of proprietary company and patient An Edison commemorative coin pro- (1) IN GENERAL.—The design of the coins information likely to be recorded dur- gram also has strong support among minted under this title shall be emblematic ing the registry process. Also, over- America’s numismatists whose interest of the many inventions made by Thomas A. sight will be needed to ensure that if is crucial to the success of any coin Edison throughout his prolific life. and when FDA implements this proc- program. (2) DESIGNATION AND INSCRIPTIONS.—On ess, an overriding theme drives the reg- Mr. President, I introduce this legis- each coin minted under this title there shall ulatory exercise . . . that being that lation at the end of the 104th Congress be— (A) a designation of the value of the coin; the rigor of the FDA’s requirements with the expectation that it will be re- (B) an inscription of the years ‘‘1847–1997’’; match, but not exceed, the degree of introduced in the next Congress and and manipulation a particular human tis- passed next year during the sesqui- (C) inscriptions of the words ‘‘Liberty’’, sue product undergoes. centennial of the birth of Thomas Alva ‘‘In God We Trust’’, ‘‘United States of Amer- This is an exciting and potentially Edison. This legislation would honor a ica’’, and ‘‘E Pluribus Unum’’. very important new field of biomedical great American inventor, it would pro- (3) OBVERSE OF COIN.—The obverse of each research. It is my intention to focus on vide seigniorage to the Treasury to coin minted under this title shall bear the likeness of Thomas A. Edison. this issue early in the next Congress. help service the national debt, it is ∑ (b) DESIGN COMPETITION.—Before the end of popular among coin collectors, and it the 3-month period beginning on the date of By Mr. LAUTENBERG (for him- would provide sorely needed funds to the enactment of this Act, the Secretary self, Mr. LEVIN, Mr. DEWINE, important historical sites. shall conduct an open design competition for and Mr. BRADLEY): I urge my colleagues to support this the design of the obverse and the reverse of S. 2196. A bill to require the Sec- legislation. the coins minted under this title. retary of the Treasury to mint coins in Mr. President, I ask unanimous con- (c) SELECTION.—The design for the coins commemoration of the sesquicenten- sent that the text of the bill be printed minted under this title shall be— (1) selected by the Secretary after con- nial of the birth of Thomas Alva Edi- in the RECORD. son, to redesign the half dollar cir- sultation with the Commission of Fine Arts; There being no objection, the bill was and culating coin for 1997 to commemorate ordered to be printed in the RECORD, as (2) reviewed by the Citizens Commemora- Thomas Edison, and for other purposes; follows: tive Coin Advisory Committee. to the Committee on Banking, Hous- S. 2196 SEC. 104. ISSUANCE OF COINS. ing, and Urban Affairs. Be it enacted by the Senate and House of Rep- (a) QUALITY OF COINS.—Coins minted under THE THOMAS ALVA EDISON SESQUICENTENNIAL resentatives of the United States of America in this title shall be issued in uncirculated and COMMEMORATIVE COIN ACT Congress assembled, proof qualities. Mr. LAUTENBERG. Mr. President, I SECTION 1. SHORT TITLE. (b) MINT FACILITY.—Only 1 facility of the United States Mint may be used to strike rise on behalf of Senators BRADLEY, This Act may be cited as the ‘‘Thomas Alva Edison Sesquicentennial Commemora- any particular quality of the coins minted LEVIN, and myself, to submit a resolu- under this title. tion that would direct the Secretary of tive Coin Act’’. SEC. 2. FINDINGS. (c) COMMENCEMENT OF ISSUANCE.—The Sec- the Treasury to mint coins in 1997 com- The Congress hereby finds the following: retary may issue coins minted under this memorating the 150th anniversary of (1) Thomas Alva Edison, one of America’s title beginning January 1, 1997. Thomas Alva Edison’s birth. greatest inventors, was born on February 11, (d) TERMINATION OF MINTING AUTHORITY.— The genius behind more than 1,300 in- 1847, in Milan, Ohio. No coins may be minted under this title ventions, including the incandescent (2) Thomas A. Edison’s inexhaustible en- after December 31, 1997. light bulb, the alkaline battery, the ergy and genius produced more than 1,300 in- SEC. 105. SALE OF COINS. phonograph and motion pictures, Edi- ventions in his lifetime, including the incan- (a) SALE PRICE.—The coins issued under descent light bulb and the phonograph. this title shall be sold by the Secretary at a son was awarded the Congressional (3) In 1928, Thomas A. Edison received the price equal to the sum of— gold medal in 1928 ‘‘for development Congressional gold medal ‘‘for development (1) the face value of the coins; and application of inventions that have and application of inventions that have revo- (2) the surcharge provided in subsection (d) revolutionized civilization in the last lutionized civilization in the last century’’. with respect to such coins; and October 3, 1996 CONGRESSIONAL RECORD — SENATE S12311 (3) the cost of designing and issuing the SEC. 108. FINANCIAL ASSURANCES. that his success was ‘‘99 percent perspi- coins (including labor, materials, dies, use of (a) NO NET COST TO THE GOVERNMENT.—The ration and 1 percent inspiration.’’ For machinery, overhead expenses, marketing, Secretary shall take such actions as may be Thomas Edison, inventing was a pas- and shipping). necessary to ensure that minting and issuing sion, and he demanded as much from (b) BULK SALES.—The Secretary shall coins under this title will not result in any those who worked with him. make bulk sales of the coins issued under net cost to the United States Government. In authorizing the Secretary of the this title at a reasonable discount. Mr. BRADLEY. Mr. President, I rise (c) PREPAID ORDERS.— Treasury and the U.S. Mint to produce (1) IN GENERAL.—The Secretary shall ac- today to pay tribute to an extraor- a commemorative coin in his memory, cept prepaid orders for the coins minted dinary American and New Jerseyan. A it is my hope that we will never forget under this title before the issuance of such hero of the imagination whose ingenu- to acknowledge Edison’s contributions coins. ity and continuing output of tech- and inventive spirit. Once the costs of (2) DISCOUNT.—Sale prices with respect to nology profoundly changed the lives of the production of the coin are recov- prepaid orders under paragraph (1) shall be people throughout the world. A genius ered, proceeds from the sale of this at a reasonable discount. who set a standard for American inven- (d) SURCHARGES.—All sales of coins minted coin will fund the renovation and up- under this title shall include a surcharge of— tiveness that has keyed our progress as keep of seven sites in five different (1) $14 per coin for the $1 coin; and a nation. States dedicated to preserving Edison’s (2) $7 per coin for the half dollar coin. Mr. President, it gives me great work, including the Invention Factory SEC. 106. GENERAL WAIVER OF PROCUREMENT pleasure in my final floor statement to in West Orange, NJ, and the Edison REGULATIONS. join my colleague from New Jersey, Memorial Tower in Edison, NJ. (a) IN GENERAL.—Except as provided in Senator LAUTENBERG, in introducing Mr. President, it is an honor for me subsection (b), no provision of law governing the THOMAS A. Edison Commemorative to pay tribute to the Wizard of Menlo procurement or public contracts shall be ap- Park, whose inventions had a scope and plicable to the procurement of goods and Coin Act. services necessary for carrying out the provi- In the spring of 1876, the young effect which are truly awe-inspiring. sions of this title. Thomas Alva Edison, not yet 30 years We are duty-bound as a nation to pre- (b) EQUAL EMPLOYMENT OPPORTUNITY.— old, moved 15 of his workers to the serve the memory of a man who devel- Subsection (a) shall not relieve any person small town of Menlo Park, NJ. This oped technology that carried human entering into a contract under the authority young man, who had decided to go into speech and experience beyond time and of this title from complying with any law re- the ‘‘invention business,’’ did not see space, and transformed night into day lating to equal employment opportunity. inventions as strokes of luck. Rather, for millions of Americans. SEC. 107. DISTRIBUTION OF SURCHARGES. Edison believed that inventions were I hope my colleagues will join me in (a) IN GENERAL.—The first $7,000,000 of the the products of dedicated work and strong support of this legislation. surcharges received by the Secretary from f the sale of coins issued under this title shall purpose. be promptly paid by the Secretary as fol- Mr. President, before he had reached ADDITIONAL COSPONSORS lows: 21 years of age, Edison was granted his S. 47 (1) 1⁄7 to the Museum of Arts and History, first patent for a telegraphic vote-rein the city of Port Huron, Michigan for the At the request of Mr. SARBANES, the cording machine. He had developed this name of the Senator from Massachu- endowment and construction of a special mu- machine while he was reporting the seum on Thomas A. Edison’s life in Port setts (Mr. KERRY) was added as a co- Huron. votes of Congress over the press wires sponsor of S. 47, a bill to amend certain (2) 1⁄7 to the Edison Birthplace Association, from his job as a telegraph operator. provisions of title 5, United States Incorporated, in Milan, Ohio, to assist in With this invention, at each rollcall Code, in order to ensure equality be- such association’s efforts to raise an endow- Members of Congress would simply tween Federal firefighters and other ment as a permanent source of support for press a button at their seats, imme- employees in the civil service and the repair and maintenance of the Thomas diately registering the vote at the other public sector firefighters, and for A. Edison birthplace, a national historic Speaker’s desk, where votes were other purposes. landmark. counted automatically. Already at this (3) 1⁄7 to the National Park Service for use S. 1385 in protecting, restoring, and cataloguing his- early age, Edison showed that he was At the request of Mr. BREAUX, the toric documents and objects at Thomas A. ahead of his time. In response to his in- name of the Senator from Illinois (Ms. Edison’s ‘‘invention factory’’ in West Or- vention, the House declared that it was MOSELEY-BRAUN) was added as a co- ange, New Jersey. not ready for automated voting, and sponsor of S. 1385, a bill to amend title (4) 1⁄7 to the Edison Plaza Museum in Beau- the Senate today continues to go by XVIII of the Social Security Act to mont, Texas, for expanding educational pro- voice vote. For this, at the very least, provide for coverage of periodic grams on Thomas A. Edison and for the reit is suitable that Congress recognize pair and maintenance of the museum. colorectal screening services under Thomas Edison. (5) 1⁄7 to the Edison Winter Home and Mu- part B of the Medicare Pprogram. seum in Fort Myers, Florida, for historic At Menlo Park, Edison developed a S. 1660 preservation, restoration, and maintenance string of remarkable new technologies At the request of Mr. GLENN, the of Thomas A. Edison’s historic home and that would shape human history. In name of the Senator from Mississippi chemical laboratory. 1876 he was instrumental in improving (Mr. LOTT) was added as a cosponsor of (6) 1⁄7 to Greenfield Village in Dearborn, the telephone to reach marketability. S. 1660, a bill to provide for ballast Michigan, for use in maintaining and ex- In 1877, Edison sang ‘‘Mary Had a Little water management to prevent the in- panding displays and educational programs associated with Thomas A. Edison. Lamb’’ and played it back to his aston- troduction and spread of nonindigenous (7) 1⁄7 to the Edison Memorial Tower in Edi- ished workers, having invented the species into the waters of the United son, New Jersey, for the preservation, res- first ‘‘talking machine,’’ or phono- States, and for other purposes. toration, and expansion of the tower and mu- graph. On New Years’ Eve in 1880, Edi- S. 1756 seum. son illuminated Menlo Park at night At the request of Mr. LAUTENBERG, (b) EXCESS PAYABLE TO THE NATIONAL NU- with forty incandescent light bulbs, his name was added as a cosponsor of MISMATIC COLLECTION.—After payment of the which he had developed 1 year earlier. S. 1756, a bill to provide additional pen- amount required under subsection (a), the Secretary shall pay the remaining sur- In 1883, he extended the use of elec- sion security for spouses and former charges to the National Museum of Amer- tricity to develop an electric railway spouses, and for other purposes. ican History, Washington, D.C., for the sup- that soon became the basis of an elec- S. 1951 port of the National Numismatic Collection tric street car system. In 1891, he pro- At the request of Mr. FORD, the name at the museum. duced a Kinetoscope and 35 mm film of the Senator from Louisiana (Mr. (c) AUDITS.—The Comptroller General of using celluloid, two products which JOHNSTON) was added as a cosponsor of the United States shall have the rights to ex- were the predecessors of all later mo- S. 1951, a bill to ensure the competi- amine such books, records, documents, and tion-picture machines and film. tiveness of the United States textile other data of any organization which receives any payment from the Secretary Despite his achievements, Edison was and apparel industry. under this section, as may be related to the a man who held that there was no such S. 2061 expenditures of amounts paid under this sec- thing as genius, and his many failed At the request of Ms. SNOWE, the tion. trials and efforts inspired him to say name of the Senator from Maine (Mr. S12312 CONGRESSIONAL RECORD — SENATE October 3, 1996

COHEN) was added as a cosponsor of S. BINGAMAN, Mrs. BOXER, Mr. BRADLEY, ant to Senator Bill Roth, Senate Post Office 2061, a bill to amend title II of the Mr. BREAUX, Mr. BROWN, Mr. BRYAN, Clerk, Republican Cloakroom assistant, as- Trade Act of 1974 to clarify the defini- Mr. CAMPBELL, Mr. COCHRAN, Mr. sistant secretary to the minority, culminat- ing in his appointment as assistant secretary tion of domestic industry and to in- COHEN, Mr. CONRAD, Mr. CRAIG, Mr. to the majority: clude certain agricultural products for D’AMATO, Mr. DASCHLE, Mr. DODD, Mr. Whereas, throughout his Senate career Mr. purposes of providing relief from injury DOMENICI, Mr. DORGAN, Mr. EXON, Mr. Doney has been a reliable source of advice to caused by import competition, and for FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- Senators and staff alike; other purposes. STEIN, Mr. GRAHAM, Mr. HATCH, Mr. Whereas, Mr. Doney’s more than 16 years S. 2165 INHOFE, Mr. INOUYE, Mr. JEFFORDS, of service have been characterized by infinite At the request of Mr. SPECTER, the Mrs. KASSEBAUM, Mr. KEMPTHORNE, Mr. patience, unfailing good humor, and a deep name of the Senator from Louisiana KENNEDY, Mr. LAUTENBERG, Mr. LEVIN, sense of respect for this institution; Therefore be it resolved, That the Senate sa- Mr. LIEBERMAN, Mr. LOTT, Ms. MIKUL- (Mr. JOHNSTON) was added as a cospon- lutes John L. Doney for his career of public sor of S. 2165, a bill to require the SKI, Ms. MOSELEY-BRAUN, Mr. MURKOW- service to the United States Senate and its President to impose economic sanc- SKI, Mrs. MURRAY, Mr. NICKLES, Mr. members. tions against countries that fail to PELL, Mr. PRESSLER, Mr. REID, Mr. eliminate corrupt business practices, ROCKEFELLER, Mr. SIMON, Mr. SPECTER, f and for other purposes. Mr. STEVENS, Mr. THOMAS, Mr. THUR- SENATE RESOLUTION 313—RELAT- S. 2188 MOND, Mr. WARNER, and Mr. ING TO THE RETIREMENT OF At the request of Mr. SIMPSON, the WELLSTONE) submitted the following names of the Senator from Wyoming resolution; which was referred to the THE SUPERINTENDENT OF DOCU- MENTS, U.S. SENATE (Mr. THOMAS) and the Senator from Committee on the Judiciary: South Dakota (Mr. PRESSLER) were S. RES. 311 Mr. LOTT submitted the following added as cosponsors of S. 2188, a bill to Whereas American Indians and Alaska Na- resolution; which was considered and provide for the retention of the name tives were the original inhabitants of the agreed to: land that now constitutes the United States; of the mountain at the Devils Tower S. RES. 313 Whereas American Indian tribal govern- National Monument in Wyoming ments developed the fundamental principles Whereas the Senate has been advised of the known as ‘‘Devils Tower’’, and for of freedom of speech and separation of pow- retirement of its Superintendent of Docu- other purposes. ers that form the foundation of the United ments, Ms. Jeanie Bowles; SENATE CONCURRENT RESOLUTION 73 States Government; Whereas Jeanie Bowles became an employee of the Senate of the United States on At the request of Mr. LAUTENBERG, Whereas American Indians and Alaska Na- tives have traditionally exhibited a respect January 3, 1971, and since that date has ably his name was added as a cosponsor of and faithfully upheld the high standards and Senate Concurrent Resolution 73, a for the finiteness of natural resources through a reverence for the earth; traditions of the staff of the Senate of the concurrent resolution concerning the Whereas American Indians and Alaska Na- United States for a period that included thir- return of or compensation for wrongly tives have served with valor in all of Ameri- teen Congresses; confiscated foreign properties in for- ca’s wars beginning with the Revolutionary Whereas Jeanie Bowles has served with dis- merly Communist countries and by War through the conflict in the Persian Gulf, tinction as Assistant Editor in the Office of certain foreign financial institutions. and often the percentage of American Indi- the Official Reporters, which position she was appointed to February 2, 1981; f ans who served exceeded significantly the percentage of American Indians in the popu- Whereas Jeanie Bowles has served with dis- SENATE CONCURRENT RESOLU- lation of the United States as a whole; tinction as Superintendent of Documents, TION 74—TO PROVIDE FOR A Whereas American Indians and Alaska Na- which position she has held since June 16, CHANGE IN THE ENROLLMENT tives have made distinct and important con- 1986; tributions to the United States and the rest Whereas Jeanie Bowles has discharged her OF H.R. 3539 of the world in many fields, including agri- responsibilities with efficiency, devotion, Mr. BROWN submitted the following culture, medicine, music, language, and art; and grace, in particular dedicating her Sen- resolution; which will lie over, under Whereas American Indians and Alaska Na- ate service to the advancement of young peo- the rule: tives deserve to be recognized for their indi- ple. vidual contributions to the United States as Now, therefore, be it S. CON. RES. 74 local and national leaders, artists, athletes, Resolved, That the Senate of the United Resolved by the Senate (the House of Rep- and scholars; States commends Jeanie Bowles for her ex- resentatives concurring); That the action of Whereas this recognition will encourage emplary service to the Senate and the Na- the Acting President pro tempore of the Sen- self-esteem, pride, and self-awareness in tion; wishes to express its deep gratitude and ate and the Speaker of the House of Rep- American Indians and Alaska Natives of all appreciation for her long, faithful, and out- resentatives in signing the bill (H.R. 3539) to ages; and standing service; and extends its best wishes amend title 49, United States Code, to reau- Whereas November is a time when many upon her retirement. thorize programs of the Federal Aviation Ad- Americans commemorate a special time in SEC. 2. The Secretary of the Senate shall ministration, and for other purposes, is re- the history of the United States when Amer- transmit a copy of this resolution to Jeanie scinded and the Clerk of the House of Rep- ican Indians and English settlers celebrated Bowles. resentatives shall, in the reenrollment of the bounty of their harvest and the promise such bill, add the following section at the of new kinships: Now, therefore, be it f end of title XII: Resolved, That the Senate designates No- SAC. 12 . CONSTRUCTION OF RUNWAYS. vember 1996 as ‘‘National American Indian SENATE RESOLUTION 314—TO AU- Notwithstanding section 332 of the Depart- Heritage Month’’ and requests that the THORIZE CERTAIN APPOINT- ment of Transportation and Related Agen- President issue a proclamation calling on MENTS AFTER THE SINE DIE AD- the Federal Government and State and local cies Appropriations Act, 1996 (109 Stat. 457), JOURNMENT OF THE PRESENT or any other provision of law that specifi- governments, interested groups and organi- cally restricts the number of runways at a zations, and the people of the United States SESSION single international airport, the Secretary of to observe the month with appropriate pro- Mr. LOTT submitted the following Transportation may obligate funds under grams, ceremonies, and activities. resolution; which was considered and chapters 471 and 481 of title 49, United States f agreed to: Code, for any project to construct a new runway at such airport, unless this section is ex- SENATE RESOLUTION 312—SALUT- S. RES. 314 pressly repealed. ING THE SERVICE OF JOHN L. Resolved, That notwithstanding the sine f DONEY die adjournment of the present session of the Congress, the President of the Senate, the Mr. LOTT (for himself and Mr. ROTH) SENATE RESOLUTION 311—DES- President of the Senate pro tempore, the Ma- IGNATING THE MONTH OF NO- submitted the following resolution; jority Leader of the Senate, and the Minor- VEMBER 1996 AS ‘‘NATIONAL which was considered and agreed to: ity Leader of the Senate be, and they are AMERICAN INDIAN HERITAGE S. RES. 312 hereby, authorized to make appointments to MONTH’’ Whereas, John L. Doney has served the commissions, committees, boards, con- United States Senate since September 1980; ferences, or interparliamentary conferences Mr. MCCAIN (for himself, Mr. ABRA- Whereas, Mr. Doney has during his Senate authorized by law, by concurrent action of HAM, Mr. BAUCUS, Mr. BENNETT, Mr. career served in the capacities of staff assist- the two Houses, or by order of the Senate. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12313 SENATE RESOLUTION 315—REL- S. RES. 319 SENATE RESOLUTION 323—TO COM- ATIVE TO THE PROPOSED AD- Resolved, That the thanks of the Senate are MEND THE EXEMPLARY LEAD- JOURNMENT OF THE SESSION hereby tendered to the distinguished Major- ERSHIP OF THE MAJORITY ity Leader, the Senator from Mississippi, the LEADER Mr. LOTT submitted the following Honorable Trent Lott, for his exemplary resolution; which was considered and leadership and the cooperative and dedicated Mr. THURMOND submitted the fol- agreed to: manner in which he has performed his lead- lowing resolution; which was consid- S. RES. 315 ership responsibilities in the conduct of Sen- ered and agreed to: Resolved, That a committee of two Sen- ate business during the second session of the S. RES. 323 ators be appointed by the Presiding Officer 104th Congress. Resolved, That the thanks of the Senate are to join a similar committee of the House of hereby tendered to the distinguished Major- Representatives to notify the President of f ity Leader, the Senator from Mississippi, the the United States that two Houses have com- Honorable Trent Lott, for his exemplary pleted their business of the session and are leadership and the cooperative and dedicated ready to adjourn unless he has some further SENATE RESOLUTION 320—AU- manner in which he has performed his lead- communication to make to them. THORIZING THE PRINTING OF A ership responsibilities in the conduct of Sen- SENATE DOCUMENT ate business during the second session of the f 104th Congress. Mr. LOTT (for Mr. HATFIELD) submit- SENATE RESOLUTION 316—TEN- ted the following resolution; which was f DERING THE THANKS OF THE considered and agreed to: SENATE TO THE VICE PRESI- SENATE RESOLUTION 324—REL- S. RES. 320 DENT ATIVE TO SENATE FAIR EM- Resolved, That there be printed with illus- PLOYMENT PRACTICES Mr. LOTT submitted the following trations as a Senate document a compilation Mr. LOTT submitted the following resolution; which was considered and of materials entitled ‘‘Committee on Appro- agreed to: priations, United States Senate, 129th Anni- resolution; which was considered and versary, 1867–1996’’, and that there be printed agreed to. S. RES. 316 two thousand additional copies of such docu- S. RES. 324 Resolved, That the thanks of the Senate are ment for the use of the Committee on Appro- hereby tendered to the Honorable Al Gore, Resolved, That the Secretary of the Senate priations. shall transfer an amount not to exceed Vice President of the United States and $100,000, from the resolution and reorganiza- President of the Senate, for the courteous, f tion reserve of the miscellaneous items ap- dignified, and impartial manner in which he propriations account, within the contingent has presided over its deliberations during the fund of the Senate, for use by the Director of second session of the One Hundred Fourth SENATE RESOLUTION 321—AU- the Office of Senate Fair Employment Prac- Congress. THORIZING THE ACCEPTANCE OF tices for salaries and expenses of such Office f PRO BONO LEGAL SERVICES BY through January 30, 1997, related to carrying A MEMBER OF THE SENATE out the responsibilities of such Office in ac- SENATE RESOLUTION 317—TEN- cordance with section 506 of the Congres- DERING THE THANKS OF THE Mr. BYRD submitted the following sional Accountability Act of 1995 (2 U.S.C. SENATE TO THE PRESIDENT PRO resolution; which was considered and 1435). Effective date is October 1, 1996. TEMPORE agreed to: f S. RES. 321 Mr. LOTT submitted the following AMENDMENTS SUBMITTED resolution; which was considered and Resolved, That (a) notwithstanding the pro- agreed to: visions of the Standing Rules of the Senate or Senate Resolution 508, adopted by the S. RES. 317 Senate on September 4, 1980, pro bono legal SINE DIE ADJOURNMENT Resolved, That the thanks of the Senate are services provided to a Member of the Senate CONCURRENT RESOLUTION hereby tendered to the Honorable Strom with respect to a civil action challenging the Thurmond, President pro tempore of the validity of a Federal statute that expressly Senate, for the courteous, dignified, and im- authorizes a Member to file an action— LOTT AMENDMENT NO. 5426 partial manner in which he has presided over (1) shall not be deemed a gift to the Mem- its deliberations during the second session of ber; Mr. LOTT proposed an amendment to the One Hundred Fourth Congress. (2) shall not be deemed to be a contribution the concurrent resolution (H. Con. Res. f to the office account of the Member; and 230) providing for the sine die adjourn- (3) shall not require the establishment of a ment of the second session of the One SENATE RESOLUTION 318—TO COM- legal expense trust fund. Hundred Fourth Congress; as follows: MEND THE EXEMPLARY LEAD- (b) The Select Committee on Ethics shall Strike all after the resolving clause, and ERSHIP OF THE DEMOCRATIC establish regulations providing for the public substitute the following in lieu thereof: LEADER disclosure of information relating to pro ‘‘That when the House adjourns on the leg- bono legal services performed as authorized islative day of Wednesday, October 2, 1996, Mr. LOTT submitted the following by this resolution. Thursday, October 3, 1996, or Friday, October resolution; which was considered and 4, 1996, on a motion offered pursuant to this agreed to: f concurrent resolution by the Majority Lead- S. RES. 318 er, or his designee, it stand adjourned sine die, or until noon on the second day after Resolved, That the thanks of the Senate are SENATE RESOLUTION 322—TO COM- Members are notified to reassemble pursuant hereby tendered to the distinguished Demo- MEND THE EXEMPLARY LEAD- to section 2 of this concurrent resolution, cratic Leader, the Senator from South Da- and that when the Senate adjourns on kota, the Honorable Thomas A. Daschle, for ERSHIP OF THE DEMOCRATIC LEADER Wednesday, October 2, 1996, Thursday, Octo- his exemplary leadership and the cooperative ber 3, 1996, or Friday, October 4, 1996, on a and dedicated manner in which he has per- Mr. THURMOND submitted the fol- motion offered pursuant to this concurrent formed his leadership responsibilities in the resolution by the Majority Leader, or his conduct of Senate business during the second lowing resolution; which was considered and agreed to: designee, it stand adjourned sine die, or until session of the 104th Congress. noon on the second day after Members are f S. RES. 322 notified to reassemble pursuant to section 2 Resolved, That the thanks of the Senate are of this concurrent resolution. SENATE RESOLUTION 319—TO COM- hereby tendered to the distinguished Demo- SEC. 2 The Speaker of the House and the MEND THE EXEMPLARY LEAD- cratic Leader, the Senator from South Da- Majority Leader of the Senate, acting jointly ERSHIP OF THE MAJORITY kota, the Honorable Thomas A. Daschle, for after consultation with the Minority Leader LEADER his exemplary leadership and the cooperative of the House and the Minority Leader of the and dedicated manner in which he has per- Senate, shall notify the Members of the Mr. DASCHLE submitted the follow- formed his leadership responsibilities in the House and Senate, respectively, to reassem- ing resolution; which was considered conduct of Senate business during the second ble whenever, in their opinion, the public in- and agreed to: session of the 104th Congress. terest shall warrant it. S12314 CONGRESSIONAL RECORD — SENATE October 3, 1996 THE CACHE LA POUDRE RIVER 080101 0163C, March 18, 1986. Federal Emer- (1) the offices of the Department of the In- NATIONAL WATER HERITAGE gency Management Agency, Federal Insur- terior in Washington, District of Columbia, AREA ACT ance Administration. and Denver, Colorado; and (5) FLOOD INSURANCE RATE MAP, LARIMER (2) local offices of the city of Fort Collins, COUNTY, COLORADO.—Community-Panel No. Larimer Country, the city of Greeley, and BROWN AMENDMENT NO. 5427 080101 0178C, March 18, 1986. Federal Emer- Weld County. gency Management Agency, Federal Insur- SEC. 104. ESTABLISHMENT OF THE CACHE LA Mr. LOTT (for Mr. BROWN) proposed ance Administration. POUDRE CORRIDOR COMMISSION. an amendment to the bill (S. 342) to es- (6) FLOOD INSURANCE RATE MAP, LARIMER (a) CACHE LA POUDRE CORRIDOR COMMIS- tablish the Cache La Poudre River Na- COUNTY, COLORADO.—Community-Panel No. SION.— tional Water Heritage Area in the 080102 0002B, February 15, 1984. Federal Emer- (1) IN GENERAL.—Upon the recommendation State of Colorado, and for other pur- gency Management Agency, Federal Insur- of the Governor, the Secretary is authorized poses, as follows: ance Administration. to recognize, for the purpose of developing (7) FLOOD INSURANCE RATE MAP, LARIMER Strike all after the enacting clause and and implementing the plan referred to in COUNTY, COLORADO.—Community-Panel No. add the following: subsection (g)(1), the Cache La Poudre Cor- 080101 0179C, March 18, 1986. Federal Emer- ridor Commission, as such Commission may CACHE LA POUDRE gency Management Agency, Federal Insur- be established by the State of Colorado or its SECTION 100. SHORT TITLE. ance Administration. political subdivisions. This Act may be cited as the ‘‘Cache La (8) FLOOD INSURANCE RATE MAP, LARIMER (2) REFLECTION OF CROSS-SECTION OF INTER- Poudre River Corridor Act’’. COUNTY, COLORADO.—Community-Panel No. ESTS.—The Secretary may provide recogni- SEC. 101. PURPOSE. 080101 0193D, November 17, 1993. Federal tion under paragraph (1) only if the Commis- The purpose of this title is to designate the Emergency Management Agency, Federal In- sion reflects the following: Cache La Poudre Corridor within the Cache surance Administration. (b) MEMBERSHIP.— La Poudre River Basin and to provide for the (9) FLOOD INSURANCE RATE MAP, LARIMER (1) COMPOSITION.—The Commission shall be interpretation, for the educational and inspi- COUNTY, COLORADO.—Community-Panel No. composed of 15 members appointed not later rational benefit of present and future genera- 080101 0194D, November 17, 1993. Federal than 6 months after the date of enactment of tions, of the unique and significant contribu- Emergency Management Agency, Federal In- this Act. Of these 15 members— tions to our national heritage of cultural and surance Administration. (A) 1 member shall be a representative of historical lands, waterways, and structures (10) FLOOD INSURANCE RATE MAP, LARIMER the Secretary of the Interior which member within the Corridor. COUNTY, COLORADO.—Community-Panel No. shall be an ex officio member; SEC. 102. DEFINITIONS. 080101 0208C, November 17, 1993. Federal (B) 1 member shall be a representative of In this title: Emergency Management Agency, Federal In- the Forest Service, appointed by the Sec- (1) COMMISSION.—The term ‘‘Commission’’ surance Administration. retary of Agriculture, which member shall be means the Cache La Poudre Corridor Com- (11) FLOOD INSURANCE RATE MAP, LARIMER an ex officio member; mission established by section ll04(a). COUNTY, COLORADO.—Community-Panel No. (C) 3 members shall be recommended by (2) CORRIDOR.—The term ‘‘Corridor’’ means 080101 0221C, November 17, 1993. Federal the Governor and appointed by the Sec- the Cache La Poudre Corridor established by Emergency Management Agency, Federal In- retary, of whom— section ll03(a). surance Administration. (i) 1 member shall represent the State; (3) GOVERNOR.—The term ‘‘Governor’’ (12) FLOOD INSURANCE RATE MAP, LARIMER (ii) 1 member shall represent Colorado means the Governor of the State of Colorado. COUNTY, COLORADO.—Community-Panel No. State University in Fort Collins; and (4) PLAN.—The term ‘‘Plan’’ means the cor- 080266 0605D, September 27, 1991. Federal (iii) 1 member shall represent the Northern ridor interpretation plan prepared by the Emergency Management Agency, Federal In- Colorado Water Conservancy District; Commission pursuant to section ll08(a). surance Administration. (D) 6 members shall be representatives of (5) POLITICAL SUBDIVISION OF THE STATE.— (13) FLOOD INSURANCE RATE MAP, LARIMER local governments who are recommended by The term ‘‘political subdivision of the State’’ COUNTY, COLORADO.—Community-Panel No. the Governor and appointed by the Sec- means a political subdivision of the State of 080264 0005A, September 27, 1991. Federal retary, of whom— Colorado, any part of which is located in or Emergency Management Agency, Federal In- (i) 1 member shall represent the city of adjacent to the Corridor, including a county, surance Administration. Fort Collins; city, town, water conservancy district, or (14) FLOOD INSURANCE RATE MAP, LARIMER (ii) 2 members shall represent Larimer special district. COUNTY, COLORADO.—Community-Panel No. County, 1 of which shall represent agri- (6) SECRETARY.—The term ‘‘Secretary’’ 080266 0608D, September 27, 1991. Federal culture or irrigated water interests; means the Secretary of the Interior. Emergency Management Agency, Federal In- (iii) 1 member shall represent the city of surance Administration. SEC. 103. ESTABLISHMENT OF THE CACHE LA Greeley; POUDRE CORRIDOR. (15) FLOOD INSURANCE RATE MAP, LARIMER (iv) 2 members shall represent Weld Coun- (a) ESTABLISHMENT.—There is established COUNTY, COLORADO.—Community-Panel No. ty, 1 of which shall represent agricultural or in the State of Colorado the Cache La 080266 0609C, September 28, 1982. Federal irrigated water interests; and Poudre Corridor. Emergency Management Agency, Federal In- (v) 1 member shall represent the city of (b) BOUNDARIES.—The boundaries of the surance Administration. Loveland; and Corridor shall include the lands within the (16) FLOOD INSURANCE RATE MAP, LARIMER (E) 3 members shall be recommended by 100-year flood plain of the Cache La Poudre COUNTY, COLORADO.—Community-Panel No. the Governor and appointed by the Sec- River Basin, beginning at a point where the 080266 0628C, September 28, 1982. Federal retary, and shall— Cache La Poudre River flows out of the Roo- Emergency Management Agency, Federal In- (i) represent the general public; sevelt National Forest and continuing east surance Administration. (ii) be citizens of the State; and along the floodplain to a point 1⁄4 mile west (17) FLOOD INSURANCE RATE MAP, LARIMER (iii) reside within the Corridor. of the confluence of the Cache La Poudre COUNTY, COLORADO.—Community-Panel No. (2) CHAIRPERSON.—The chairperson of the River and the South Platte Rivers in Weld 080184 0002B, July 16, 1979. United States De- Commission shall be elected by the members County, Colorado, comprising less than 35,000 partment of Housing and Urban Develop- of the Commission from among members ap- acres, and generally depicted as the 100-year ment, Federal Insurance Administration. pointed under subparagraph (C), (D), or (E) of flood boundary on the Federal Flood Insur- (18) FLOOD INSURANCE RATE MAP, LARIMER paragraph (1). The chairperson shall be elect- ance maps listed below: COUNTY, COLORADO.—Community-Panel No. ed for a 2-year term. (1) FLOOD INSURANCE RATE MAP, LARIMER 080266 0636C, September 28, 1982. Federal (3) VACANCIES.—A vacancy on the Commis- COUNTY, COLORADO.—Community-Panel No. Emergency Management Agency, Federal In- sion shall be filled in the same manner in 080101 0146B, April 2, 1979. United States De- surance Administration. which the original appointment was made. partment of Housing and Urban Develop- (19) FLOOD INSURANCE RATE MAP, LARIMER (c) TERMS OF SERVICE.— ment, Federal Insurance Administration. COUNTY, COLORADO.—Community-Panel No. (1) IN GENERAL.—Except as provided in (2) FLOOD INSURANCE RATE MAP, LARIMER 080266 0637C, September 28, 1982. Federal paragraphs (2) and (3), each member of the COUNTY, COLORADO.—Community-Panel No. Emergency Management Agency, Federal In- Commission shall be appointed for a term of 080101 0147B, April 2, 1979. United States De- surance Administration. 3 years and may be reappointed. partment of Housing and Urban Develop- As soon as practicable after the date of en- (2) INITIAL MEMBERS.—The initial members ment, Federal Insurance Administration. of the Commission first appointed under sub- actment of this Act, the Secretary shall pub- (3) FLOOD INSURANCE RATE MAP, LARIMER section (b)(1) shall be appointed as follows: lish in the Federal Register a detailed de- COUNTY, COLORADO.—Community-Panel No. (A) 3-YEAR TERMS.—The following initial scription and map of the boundaries of the 080101 0162B, April 2, 1979. United States De- members shall serve for a 3-year term: Corridor. partment of Housing and Urban Develop- (i) The representative of the Secretary of ment, Federal Insurance Administration. (c) PUBLIC ACCESS TO MAPS.—The maps the Interior. (4) FLOOD INSURANCE RATE MAP, LARIMER shall be on file and available for public in- (ii) 1 representative of Weld County. COUNTY, COLORADO.—Community-Panel No. spection in— (iii) 1 representative of Larimer County. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12315 (iv) 1 representative of the city of (B) reimburse the State, State agency, or (i) provided adequate notice of the modi- Loveland. political subdivision of the State for such fication by publication in the area of the (v) 1 representative of the general public. services. Corridor; and (B) 2-YEAR TERMS.—The following initial SEC. 106. POWERS OF THE COMMISSION. (ii) conducted a public hearing with remembers shall serve for a 2-year term: (a) HEARINGS.— spect to the modification; and (i) The representative of the Forest Serv- (1) IN GENERAL.—The Commission may hold (C) the Governor has approved the modi- ice. such hearings, sit and act at such times and fication. (ii) The representative of the State. places, take such testimony, and receive SEC. 107. DUTIES OF THE COMMISSION. (iii) The representative of Colorado State such evidence as the Commission considers (a) PLAN.—The Commission shall prepare, University. necessary to carry out this title. obtain approval for, implement, and support ll (iv) The representative of the Northern (2) SUBPOENAS.—The Commission may not the Plan in accordance with section 08. Colorado Water Conservancy District. issue subpoenas or exercise any subpoena au- (b) MEETINGS.— (1) TIMING.— (C) 1-YEAR TERMS.—The following initial thority. (A) INITIAL MEETING.—The Commission members shall serve for a 1-year term: (b) MAILS.—The Commission may use the shall hold its first meeting not later than 90 (i) 1 representative of the city of Fort Col- United States mails in the same manner and days after the date on which its last initial lins. under the same conditions as other depart- member is appointed. (ii) 1 representative of Larimer County. ments and agencies of the Federal Govern- (B) SUBSEQUENT MEETINGS.—After the ini- (iii) 1 representative of the city of Greeley. ment. tial meeting, the Commission shall meet at (iv) 1 representative of Weld County. (c) MATCHING FUNDS.—The Commission the call of the chairperson or 7 of its mem- (v) 1 representative of the general public. may use its funds to obtain money from any bers, except that the commission shall meet (3) PARTIAL TERMS.— source under a program or law requiring the at least quarterly . (A) FILLING VACANCIES.—A member of the recipient of the money to make a contribu- (2) QUORUM.—Ten members of the Commis- Commission appointed to fill a vacancy oc- tion in order to receive the money. sion shall constitute a quorum, but a lesser curring before the expiration of the term for (d) GIFTS.—Except as provided in sub- number of members may hold hearings. which a predecessor was appointed shall be section (e)(3), the Commission may, for the (3) BUDGET.—The affirmative vote of not appointed only for the remainder of the purpose of carrying out its duties, seek, ac- less than 10 members of the Commission member’s term. cept, and dispose of gifts, bequests, or dona- shall be required to approve the budget of (B) EXTENDED SERVICE.—A member of the tions of money, personal property, or serv- the Commission. Commission may serve after the expiration ices received from any source. (c) ANNUAL REPORTS.—Not later than May of that member’s term until a successor has (e) REAL PROPERTY.— taken office. 15 of each year, following the year in which (1) IN GENERAL.—Except as provided in the members of the Commission have been (d) COMPENSATION.—Members of the Com- paragraph (2), the Commission may not ac- appointed, the Commission shall publish and mission shall receive no compensation for quire real property or an interest in real their service on the Commission. submit to the Secretary and to the Gov- property. ernor, an annual report concerning the Com- (e) TRAVEL EXPENSES.—While away from (2) EXCEPTION.—Subject to paragraph (3), mission’s activities. their homes or regular places of business in the Commission may acquire real property the performance of services for the Commis- SEC. 108. PREPARATION, REVIEW, AND IMPLE- in the Corridor, and interests in real prop- MENTATION OF THE PLAN. sion, members shall be allowed travel ex- erty in the Corridor— (a) PREPARATION OF PLAN.— penses, including per diem in lieu of subsist- (A) by gift or device; (1) IN GENERAL.—Not later than 2 years ence, in the same manner as persons em- (B) by purchase from a willing seller with after the Commission conducts its first ployed intermittently in the Government money that was given or bequeathed to the meeting, the Commission shall submit to the service are allowed expenses under section Commission; or Governor a Corridor Interpretation Plan. 5703 of title 5, United States Code. (C) by exchange. (2) DEVELOPMENT.—In developing the Plan, SEC. 105. STAFF OF THE COMMISSION. (3) CONVEYANCE TO PUBLIC AGENCIES.—Any the Commission shall— (a) STAFF.—The Commission shall have the real property or interest in real property ac- (A) consult on a regular basis with appro- power to appoint and fix the compensation of quired by the Commission under paragraph priate officials of any Federal or State agen- such staff as may be necessary to carry out (2) shall be conveyed by the Commission to cy, political subdivision of the State, and the duties of the Commission. an appropriate non-Federal public agency, as local government that has jurisdiction over (1) APPOINTMENT AND COMPENSATION.—Staff determined by the Commission. The convey- or an ownership interest in land, water, or appointed by the Commission— ance shall be made— water rights within the Corridor; and (A) shall be appointed without regard to (A) as soon as practicable after acquisition; (B) conduct public hearings within the Cor- the civil service laws (including regulations); (B) without consideration; and ridor for the purpose of providing interested and (C) on the condition that the real property persons the opportunity to testify about (B) shall be compensated without regard to or interest in real property so conveyed is matters to be addressed by the Plan. the provisions of chapter 51 and subchapter used in furtherance of the purpose for which (3) RELATIONSHIP TO EXISTING PLANS.—The III of chapter 53 of title 5, United States the Corridor is established. Plan— Code, relating to classification of positions (f) COOPERATIVE AGREEMENTS.—For the (A) shall recognize any existing Federal, and General Schedule pay rates. purpose of carrying out the Plan, the Com- State, and local plans; (b) EXPERTS AND CONSULTANTS.—Subject to mission may enter into cooperative agree- (B) shall not interfere with the implemen- such rules as may be adopted by the Com- ments with Federal agencies, State agencies, tation, administration, or amendment of mission, the Commission may procure tem- political subdivisions of the State, and per- such plans; and porary and intermittent services to the same sons. Any such cooperative agreement shall, (C) to the extent feasible, shall seek to co- extent as is authorized by section 3109(b) of at a minimum, establish procedures for pro- ordinate the plans and present a unified in- title 5, United States Code, at rates for indi- viding notice to the Commission of any ac- terpretation plan for the Corridor. viduals that do not exceed the daily equiva- tion that may affect the implementation of (b) REVIEW OF PLAN.— lent of the annual rate of basic pay pre- the Plan. (1) IN GENERAL.—The Commission shall scribed for level V of the Executive Schedule (g) ADVISORY GROUPS.—The Commission submit the Plan to the Governor for the Gov- under section 5316 of that title. may establish such advisory groups as it ernor’s review. (c) STAFF OF OTHER AGENCIES.— considers necessary to ensure open commu- (2) GOVERNOR.—The Governor may review (1) FEDERAL.—Upon request of the Commis- nication with, and assistance from Federal the Plan and, if the Governor concurs in the sion, the head of a Federal agency may de- agencies, State agencies, political subdivi- Plan, may submit the Plan to the Secretary, tail, on a reimbursement basis, any of the sions of the State, and interested persons. together with any recommendations. personnel of the agency to the Commission (h) MODIFICATION OF PLANS.— (3) SECRETARY.—The Secretary shall ap- to assist the Commission in carrying out the (1) IN GENERAL.—The Commission may prove or disapprove the Plan within 90 days. Commission’s duties. The detail shall be modify the Plan if the Commission deter- In reviewing the Plan, the Secretary shall without interruption or loss of civil service mines that such modification is necessary to consider the adequacy of— status or privilege. carry out this title. (A) public participation; and (2) ADMINISTRATIVE SUPPORT SERVICES.— (2) NOTICE.—No modification shall take ef- (B) the Plan in interpreting, for the edu- The Administrator of the General Services fect until— cational and inspirational benefit of present Administration shall provide to the Commis- (A) any Federal agency, State agency, or and future generations, the unique and sig- sion, on a reimbursable basis, such adminis- political subdivision of the State that may nificant contributions to our national herit- trative support services as the Commission be affected by the modification receives ade- age of cultural and historical lands, water- may request. quate notice of, and an opportunity to com- ways, and structures within the Corridor. (3) STATE.—The Commission may— ment on, the modification; (c) DISAPPROVAL OF PLAN.— (A) accept the service of personnel detailed (B) if the modification is significant, as de- (1) NOTIFICATION BY SECRETARY.—If the from the State, State agencies, and political termined by the Commission, the Commis- Secretary disapproves the Plan, the Sec- subdivisions of the State; and sion has— retary shall, not later than 60 days after the S12316 CONGRESSIONAL RECORD — SENATE October 3, 1996 date of disapproval, advise the Governor and (D) by encouraging Federal agencies, State section 203(k)(3) of such Act shall apply to the Commission of the reasons for dis- agencies, political subdivisions of the State, any conveyance made under this paragraph. approval, together with recommendations and nonprofit organizations to undertake For purposes of the preceding sentence, such for revision. new interpretive initiatives with respect to subparagraph shall be applied by substitut- (2) REVISION AND RESUBMISSION TO GOV- the Corridor. ing ‘‘the purposes for which the Cache La ERNOR.—Not later than 90 days after receipt (5) RECOGNITION.—The Commission shall Poudre Corridor is established’’ for ‘‘historic of the notice of disapproval, the Commission assist in establishing recognition for the monument purposes’’. shall revise and resubmit the Plan to the Corridor by actively promoting the cultural, SEC. 112. EFFECT ON ENVIRONMENTAL AND Governor for review. historical, natural, and recreational re- OTHER STANDARDS, RESTRICTIONS, AND SAVINGS PROVISIONS. (3) RESUBMISSION TO SECRETARY.—If the sources of the Corridor on a community, re- Governor concurs in the revised Plan, he gional, statewide, national, and inter- (a) EFFECT ON ENVIRONMENTAL AND OTHER may submit the revised Plan to the Sec- national basis. STANDARDS.— (1) VOLUNTARY COOPERATION.—In carrying retary who shall approve or disapprove the (6) LAND EXCHANGES.—The Commission revision within 60 days. If the Governor does shall assist in identifying and implementing out this title, the Commission and Secretary shall emphasize voluntary cooperation. not concur in the revised Plan, he may re- land exchanges within the State of Colorado (2) RULES, REGULATIONS, STANDARDS, AND submit it to the Commission together with by Federal and State agencies that will ex- PERMIT PROCESSES.—Nothing in this title the Governor’s recommendations for further pand open space and recreational opportuni- shall be considered to impose or form the consideration and modification. ties within the flood plain of the Corridor. basis for imposition of any environmental, (d) IMPLEMENTATION OF PLAN.—After ap- SEC. 109. TERMINATION OF TRAVEL EXPENSES occupational, safety, or other rule, regula- PROVISION. proval by the Secretary, the Commission tion, standard, or permit process that is dif- shall implement and support the Plan as fol- Effective on the date that is 5 years after ferent from those that would be applicable lows: the date on which the Secretary approves had the Corridor not been established. the Plan, section ll04 is amended by strik- (1) CULTURAL RESOURCES.— (3) ENVIRONMENTAL QUALITY STANDARDS.— (A) IN GENERAL.—The Commission shall as- ing subsection (e). Nothing in this title shall be considered to sist Federal agencies, State agencies, politi- SEC. 110. DUTIES OF THE SECRETARY. impose the application or administration of cal subdivisions of the State, and nonprofit (a) ACQUISITION OF LAND.—The Secretary any Federal or State environmental quality organizations in the conservation and inter- may acquire land and interests in land with- standard that is different from those that pretation of cultural resources within the in the Corridor that have been specifically will be applicable had the Corridor not been Corridor. identified by the Commission for acquisition established. (B) EXCEPTION.—In providing the assist- by the Federal Government and that have (4) WATER STANDARDS.—Nothing in this ance, the Commission shall in no way in- been approved for the acquisition by the title shall be considered to impose any Fed- fringe upon the authorities and policies of a Governor and the political subdivision of the eral or State water use designation or water Federal agency, State agency, or political State where the land is located by donation, quality standard upon uses of, or discharges subdivision of the State concerning the ad- purchase with donated or appropriated funds, to, waters of the State or waters of the Unit- ministration and management of property, or exchange. Acquisition authority may only ed States, within or adjacent to the Corridor, water, or water rights held by the agency, be used if the lands cannot be acquired by that is more restrictive than those that political subdivision, or private persons or donation or exchange. No land or interest in would be applicable had the Corridor not entities, or affect the jurisdiction of the land may be acquired without the consent of been established. State of Colorado over any property, water, the owner. (5) PERMITTING OF FACILITIES.—Nothing in or water rights within the Corridor. (b) TECHNICAL ASSISTANCE.—The Secretary the establishment of the Corridor shall (2) PUBLIC AWARENESS.—The Commission shall, upon the request of the Commission, abridge, restrict, or alter any applicable shall assist in the enhancement of public provide technical assistance to the Commis- rule, regulation, standard, or review proce- awareness of, and appreciation for, the his- sion in the preparation and implementation dure for permitting of facilities within or ad- torical, recreational, architectural, and engi- of the Plan pursuant to section 108. jacent to the Corridor. neering structures in the Corridor, and the (c) DETAIL.—Each fiscal year during the ex- (6) WATER FACILITIES.—Nothing in the es- archaeological, geological, and cultural re- istence of the Commission, the Secretary tablishment of the Corridor shall affect the sources and sites in the Corridor— shall detail to the Commission, on a non- continuing use and operation, repair, reha- (A) by encouraging private owners of iden- reimbursable basis, 2 employees of the De- bilitation, expansion, or new construction of tified structures, sites, and resources to partment of the Interior to enable the Com- water supply facilities, water and adopt voluntary measures for the preserva- mission to carry out the Commission’s du- wastewater treatment facilities, stormwater tion of the identified structure, site, or re- ties under section 107. facilities, public utilities, and common car- source; and SEC. 111. OTHER FEDERAL ENTITIES. riers. (B) by cooperating with Federal agencies, (a) DUTIES.—Subject to section 112, a Fed- (7) WATER AND WATER RIGHTS.—Nothing in State agencies, and political subdivisions of eral entity conducting or supporting activi- the establishment of the Corridor shall be the State in acquiring, on a willing seller ties directly affecting the flow of the Cache considered to authorize or imply the reserva- basis, any identified structure, site, or re- La Poudre River through the Corridor, or the tion or appropriation of water or water source which the Commission, with the con- natural resources of the Corridor shall con- rights for any purpose. currence of the Governor, determines should sult with the Commission with respect to the (b) RESTRICTIONS ON COMMISSION AND SEC- be acquired and held by an agency of the activities; RETARY.—Nothing in this title shall be con- State. (b) AUTHORIZATION.— strued to vest in the Commission or the Sec- (3) RESTORATION.—The Commission may (1) IN GENERAL.—The Secretary or Admin- retary the authority to— assist Federal agencies, State agencies, po- istrator of a Federal agency may acquire (1) require a Federal agency, State agency, litical subdivisions of the State, and non- land in the flood plain of the Corridor by ex- political subdivision of the State, or private profit organizations in the restoration of any change for other lands within the agency’s person (including an owner of private prop- identified structure or site in the Corridor jurisdiction within the State of Colorado, erty) to participate in a project or program with consent of the owner. The assistance based on fair market value, if the lands have carried out by the Commission or the Sec- may include providing technical assistance been identified by the Commission for acqui- retary under the title; for historic preservation, revitalization, and sition by a Federal agency and the Governor (2) intervene as a party in an administra- enhancement efforts. and the political subdivision of the State or tive or judicial proceeding concerning the (4) INTERPRETATION.—The Commission the owner where the lands are located concur application or enforcement of a regulatory shall assist in the interpretation of the his- in the exchange. Land so acquired shall be authority of a Federal agency, State agency, torical, present, and future uses of the Cor- used to fulfill the purpose for which the Cor- or political subdivision of the State, includ- ridor— ridor is established. ing, but not limited to, authority relating (A) by consulting with the Secretary with (2) CONVEYANCE OF SURPLUS REAL PROP- to— respect to the implementation of the Sec- ERTY.—Without monetary consideration to (A) land use regulation; retary’s duties under section ll10; the United States, the Administrator of Gen- (B) environmental quality; (B) by assisting the State and political eral Services may convey to the State of Col- (C) licensing; subdivisions of the State in establishing and orado, its political subdivisions, or instru- (D) permitting; maintaining visitor orientation centers and mentalities thereof all of the right, title, and (E) easements; other interpretive exhibits within the Cor- interest of the United States in and to any (F) private land development; or ridor; surplus real property (within the meaning of (G) other occupational or access issue; (C) by encouraging voluntary cooperation section 3(g) of the Federal Property and Ad- (3) establish or modify a regulatory au- and coordination, with respect to ongoing in- ministrative Services Act of 1949 (40 U.S.C. thority of a Federal agency, State agency, or terpretive services in the Corridor, among 472(g)) within the State of Colorado which political subdivision of the State, including Federal agencies, State agencies, political the Secretary has determined is suitable and authority relating to— subdivisions of the State, nonprofit organiza- desirable to meet the purposes for which the (A) land use regulation; tions, and private citizens; and Corridor is established. Subparagraph (B) of (B) environmental quality; or October 3, 1996 CONGRESSIONAL RECORD — SENATE S12317

(C) pipeline or utility crossings; TITLE II—NATIONAL LAW ENFORCE- (B) DESIGN OF COINS.—The design of the (4) modify a policy of a Federal agency, MENT OFFICERS MEMORIAL MAINTE- coins minted under this paragraph shall be State agency, or political subdivision of the NANCE FUND emblematic of George Washington, the first State; Sec. 201. National Law Enforcement Officers President of the United States. (5) attest in any manner the authority and Memorial Maintenance Fund. (C) MINT FACILITY.—Only 1 facility of the United States Mint may be used to strike jurisdiction of the State with respect to the TITLE III—STUDY OF FIFTY STATES any particular quality of the coins minted acquisition of lands or water, or interest in COMMEMORATIVE COIN PROGRAM lands or water; under this paragraph. (6) vest authority to reserve or appropriate Sec. 301. Short title. (D) ISSUANCE OF COINS.— water or water rights in any entity for any Sec. 302. Study. (i) COMMENCEMENT OF ISSUANCE.—The Sec- purpose; Sec. 303. Fixed terms for members of the retary may issue coins minted under this (7) deny, condition, or restrict the con- Citizens Commemorative Coin paragraph beginning May 1, 1999. struction, repair, rehabilitation, or expan- Advisory Committee. (ii) TERMINATION OF MINTING AUTHORITY.— Sec. 304. Mint managerial staffing reform. sion of water facilities, including No coins may be minted under this para- stormwater, water, and wastewater treat- SEC. 2. DEFINITIONS. graph after November 31, 1999. ment facilities; or For purposes of this Act— (E) SURCHARGES.—All sales of coins minted (8) deny, condition, or restrict the exercise (1) the term ‘‘Fund’’ means the National under this paragraph shall include a sur- of water rights in accordance with the sub- Law Enforcement Officers Memorial Mainte- charge of $35 per coin. stantive and procedural requirements of the nance Fund established under section 201; (F) DISTRIBUTION OF SURCHARGES.—Subject laws of the State. (2) the term ‘‘recipient organization’’ to section 5134(f) of title 31, United States (c) SAVINGS PROVISION.—Nothing in this means an organization described in section Code (as added by section 301(b) of this Act), title shall diminish, enlarge, or modify a 101 to which surcharges received by the Sec- all surcharges received by the Secretary right of a Federal agency, State agency, or retary from the sale of coins issued under from the sale of coins issued under this para- political subdivision of the State— this Act are paid; and graph shall be promptly paid by the Sec- (1) to exercise civil and criminal jurisdic- (3) the term ‘‘Secretary’’ means the Sec- retary to the Mount Vernon Ladies’ Associa- tion within the Corridor; or retary of the Treasury. tion (hereafter in this paragraph referred to (2) to tax persons, corporations, franchises, TITLE I—COMMEMORATIVE COIN as the ‘‘Association’’) to be used— or property, including minerals and other in- PROGRAMS (i) to supplement the Association’s endowment for the purpose of providing a perma- terests in or on lands or waters within the SEC. 101. COMMEMORATIVE COIN PROGRAMS. urban portions of the Corridor. nent source of support for the preservation In accordance with the recommendations of George Washington’s home; and (d) ACCESS TO PRIVATE PROPERTY.—Noth- of the Citizens Commemorative Coin Advi- ing in this title requires an owner of private (ii) to provide financial support for the sory Committee, the Secretary shall mint continuation and expansion of the Associa- property to allow access to the property by and issue the following coins: the public. tion’s efforts to educate the American people (1) DOLLEY MADISON.— about the life of George Washington. SEC. 113. AUTHORIZATION OF APPROPRIATIONS. (A) IN GENERAL.—In commemoration of the (3) BLACK REVOLUTIONARY WAR PATRIOTS.— (a) IN GENERAL.—There are authorized to 150th anniversary of the death of Dolley (A) IN GENERAL.—In commemoration of be appropriated not to exceed $50,000 to the Madison, the Secretary shall mint and issue Black Revolutionary War patriots and the Commission to carry out this Act for each of not more than 500,000 $1 coins, each of which 275th anniversary of the birth of the first the first 5 fiscal years following the date of shall— Black Revolutionary War patriot, Crispus enactment of this Act. (i) weigh 26.73 grams; Attucks, who was the first American colo- (b) MATCHING FUNDS.—Funds may be made (ii) have a diameter of 1.500 inches; and nist killed by British troops during the Rev- available pursuant to this section only to (iii) contain 90 percent silver and 10 per- olutionary period, the Secretary shall mint the extent they are matched by equivalent cent copper. and issue not more than 500,000 $1 coins, each funds or in-kind contributions of services or (B) DESIGN OF COINS.—The design of the of which shall— materials from non-Federal sources. coins minted under this paragraph shall be (i) weigh 26.73 grams; Amend the title so as to read: ‘‘A Bill To emblematic of the 150th anniversary of the (ii) have a diameter of 1.500 inches; and Establish the Cache La Poudre River Cor- death of Dolley Madison and the life and (iii) contain 90 percent silver and 10 per- ridor’’. achievements of the wife of the fourth Presi- cent copper. dent of the United States. (B) DESIGN OF COINS.—The design of the f (C) MINT FACILITY.—Only 1 facility of the coins minted under this paragraph— United States Mint may be used to strike (i) on the obverse side of the coins, shall be THE BLACK REVOLUTIONARY WAR any particular quality of the coins minted emblematic of the first Black Revolutionary PATRIOTS COMMEMORATIVE under this paragraph. War patriot, Crispus Attucks; and COIN ACT (D) ISSUANCE OF COINS.— (ii) on the reverse side of such coins, shall (i) COMMENCEMENT OF ISSUANCE.—The Sec- be emblematic of the Black Revolutionary retary may issue coins minted under this War Patriots Memorial. paragraph beginning January 1, 1999. (C) MINT FACILITY.—Only 1 facility of the D’AMATO AMENDMENT NO. 5428 (ii) TERMINATION OF MINTING AUTHORITY.— United States Mint may be used to strike Mr. LOTT (for Mr. D’AMATO) pro- No coins may be minted under this para- any particular quality of the coins minted posed an amendment to the bill (H.R. graph after December 31, 1999. under this paragraph. 1776) to require the Secretary of the (E) SURCHARGES.—All sales of the coins is- (D) ISSUANCE OF COINS.—The Secretary may Treasury to mint coins in commemora- sued under this paragraph shall include a issue coins minted under this paragraph only surcharge of $10 per coin. during the period beginning on January 1, tion of black revolutionary war patri- (F) DISTRIBUTION OF SURCHARGES.—Subject 1998, and ending on December 31, 1998. ots; as follows: to section 5134(f) of title 31, United States (E) SURCHARGES.—All sales of coins issued Strike all after the enacting clause and in- Code (as added by section 301(b) of this Act), under this paragraph shall include a sur- sert the following: all surcharges received by the Secretary charge of $10 per coin. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. from the sale of coins issued under this para- (F) DISTRIBUTION OF SURCHARGES.—Subject (a) SHORT TITLE.—This Act may be cited as graph shall be promptly paid by the Sec- to section 5134(f) of title 31, United States the ‘‘United States Commemorative Coin retary to the National Trust for Historic Code (as added by section 301(b) of this Act), Act of 1996’’. Preservation in the United States (hereafter all surcharges received by the Secretary (b) TABLE OF CONTENTS.—The table of con- in this paragraph referred to as the ‘‘Na- from the sale of coins issued under this para- tents for this Act is as follows: tional Trust’’) to be used— graph shall be promptly paid by the Sec- (i) to establish an endowment to be a per- retary to the Black Revolutionary War Pa- Sec. 1. Short title; table of contents. manent source of support for Montpelier, the triots Foundation for the purpose of estab- Sec. 2. Definitions. home of James and Dolley Madison and a lishing an endowment to support the con- TITLE I—COMMEMORATIVE COIN museum property of the National Trust; and struction of a Black Revolutionary War Pa- PROGRAMS (ii) to fund capital restoration projects at triots Memorial. Sec. 101. Commemorative coin programs. Montpelier. (4) FRANKLIN DELANO ROOSEVELT.— Sec. 102. Design. (2) GEORGE WASHINGTON.— (A) IN GENERAL.—To commemorate the Sec. 103. Legal tender. (A) IN GENERAL.—The Secretary shall mint public opening of the Franklin Delano Roo- Sec. 104. Sources of bullion. and issue not more than 100,000 $5 coins, each sevelt Memorial in Washington, D.C., which Sec. 105. Quality of coins. of which shall— will honor President Roosevelt’s leadership Sec. 106. Sale of coins. (i) weigh 8.359 grams; and legacy, during a 1-year period beginning Sec. 107. General waiver of procurement reg- (ii) have a diameter of 0.850 inches; and on or after May 15, 1997, the Secretary shall ulations. (iii) contain 90 percent gold and 10 percent issue not more than 100,000 $5 coins, each of Sec. 108. Financial assurances. alloy. which shall— S12318 CONGRESSIONAL RECORD — SENATE October 3, 1996 (i) weigh 8.359 grams; son left to society, the Secretary shall mint sources the Secretary determines to be ap- (ii) have a diameter of 0.850 inches; and and issue— propriate, including stockpiles established (iii) contain 90 percent gold and 10 percent (i) not more than 100,000 $5 coins, each of under the Strategic and Critical Materials alloy. which shall— Stock Piling Act. (B) MINT FACILITY.—Only 1 facility of the (I) weigh 8.359 grams; SEC. 105. QUALITY OF COINS. United States Mint may be used to strike (II) have a diameter of 0.850 inches; and Each coin minted under this title shall be any particular quality of the coins minted (III) contain 90 percent gold and 10 percent issued in uncirculated and proof qualities. under this paragraph. alloy; and SEC. 106. SALE OF COINS. (C) SURCHARGES.—All sales of the coins is- (ii) not more than 200,000 $1 coins, each of (a) SALE PRICE.—Each coin issued under sued under this paragraph shall include a which shall— this title shall be sold by the Secretary at a surcharge of $35 per coin. (I) weigh 26.73 grams; price equal to the sum of— (D) DISTRIBUTION OF SURCHARGES.—Subject (II) have a diameter of 1.500 inches; and (1) the face value of the coin; to section 5134(f) of title 31, United States (III) contain 90 percent silver and 10 per- (2) the surcharge provided in section 101 Code (as added by section 301(b) of this Act), cent copper. with respect to the coin; and all surcharges received by the Secretary (B) DESIGN OF COINS.—The design of the (3) the cost of designing and issuing the from the sale of coins issued under this para- coins minted under this paragraph shall be coin (including labor, materials, dies, use of graph shall be promptly paid by the Sec- emblematic of Jackie Robinson and his con- machinery, overhead expenses, marketing, retary to the Franklin Delano Roosevelt Me- tributions to major league baseball and to and shipping). morial Commission. society. (b) PREPAID ORDERS.— ELLOWSTONE NATIONAL PARK INT FACILITY (5) Y .— (C) M .—Only 1 facility of the (1) IN GENERAL.—The Secretary shall ac- (A) IN GENERAL.—To commemorate the United States Mint may be used to strike cept prepaid orders for the coins minted 125th anniversary of the establishment of any particular quality of the coins minted under this title before the issuance of such Yellowstone National Park as the first na- under this paragraph. coins. tional park in the United States, and the (D) ISSUANCE OF COINS.—The Secretary may (2) DISCOUNT.—Sale prices with respect to birth of the national park idea, during a 1- issue coins minted under this paragraph only prepaid orders under paragraph (1) shall be year period beginning in 1999, the Secretary during the period beginning on July 1, 1997, at a reasonable discount. shall issue not more than 500,000 $1 coins, and ending on July 1, 1998. SEC. 107. GENERAL WAIVER OF PROCUREMENT each of which shall— URCHARGES (E) S .—All sales of the coins is- REGULATIONS. (i) weigh 26.73 grams; sued under— Section 5112(j) of title 31, United States (ii) have a diameter of 1.500 inches; and (i) subparagraph (A)(i) shall include a sur- Code, shall apply to the procurement of (iii) contain 90 percent silver and 10 per- charge of $35 per coin; and goods or services necessary to carrying out cent alloy. (ii) subparagraph (A)(ii) shall include a the programs and operations of the United (B) MINT FACILITY.—Only 1 facility of the surcharge of $10 per coin. States Mint under this title. United States Mint may be used to strike (F) DISTRIBUTION OF SURCHARGES.—Subject SEC. 108. FINANCIAL ASSURANCES. any particular quality of the coins minted to section 5134(f) of title 31, United States (a) NO NET COST TO THE GOVERNMENT.—The under this paragraph. Code (as added by section 301(b) of this Secretary shall take such actions as may be (C) SURCHARGES.—All sales of the coins is- Act)— necessary to ensure that minting and issuing sued under this paragraph shall include a (i) all surcharges received by the Secretary coins under this title will not result in any surcharge of $10 per coin. from the sale of the initial 100,000 coins is- net cost to the United States Government. (D) DISTRIBUTION OF SURCHARGES.—Subject sued under subparagraph (A)(ii), shall be (b) PAYMENT FOR COINS.—A coin shall not to section 5134(f) of title 31, United States promptly paid by the Secretary to the Na- Code (as added by section 301(b) of this Act), be issued under this title unless the Sec- tional Fund for the United States Botanic retary has received— all surcharges received by the Secretary Garden; and from the sale of coins issued under this para- (1) full payment for the coin; (ii) all surcharges received by the Sec- (2) security satisfactory to the Secretary graph shall be promptly paid by the Sec- retary from the sale of any coins issued retary in accordance with the following: to indemnify the United States for full pay- under this paragraph (other than the coins ment; or (i) Fifty percent of the surcharges received described in clause (i)) shall be promptly shall be paid to the National Park Founda- (3) a guarantee of full payment satisfac- paid by the Secretary to the Jackie Robin- tory to the Secretary from a depository in- tion to be used for the support of national son Foundation for the purposes of— parks. stitution whose deposits are insured by the (I) enhancing the programs of the Jackie Federal Deposit Insurance Corporation or (ii) Fifty percent of the surcharges re- Robinson Foundation in the fields of edu- ceived shall be paid to Yellowstone National the National Credit Union Administration cation and youth leadership skills develop- Board. Park. ment; and (6) NATIONAL LAW ENFORCEMENT OFFICERS (II) increasing the availability of scholar- TITLE II—NATIONAL LAW ENFORCEMENT MEMORIAL.— ships for economically disadvantaged OFFICERS MEMORIAL MAINTENANCE (A) IN GENERAL.—To recognize the sacrifice youths. FUND of law enforcement officers and their fami- SEC. 102. DESIGN. SEC. 201. NATIONAL LAW ENFORCEMENT OFFI- lies in preserving public safety, during a 1- (a) SELECTION.—The design for each coin is- CERS MEMORIAL MAINTENANCE year period beginning on or after December FUND. sued under this paragraph shall be— 15, 1997, the Secretary shall issue not more (1) selected by the Secretary after con- (a) ESTABLISHMENT.— than 500,000 $1 coins, each of which shall— sultation with the appropriate recipient or- (1) IN GENERAL.—There is established the (i) weigh 26.73 grams; ganization or organizations and the Commis- National Law Enforcement Officers Memo- (ii) have a diameter of 1.500 inches; and sion of Fine Arts; and rial Maintenance Fund, which shall be a re- (iii) contain 90 percent silver and 10 per- (2) reviewed by the Citizens Commemora- volving fund administered by the Secretary cent alloy. tive Coin Advisory Committee. of the Interior (or the designee of the Sec- (B) MINT FACILITY.—Only 1 facility of the (b) DESIGNATION AND INSCRIPTIONS.—On retary of the Interior). United States Mint may be used to strike each coin issued under this paragraph there (2) FUNDING.—Amounts in the Fund shall any particular quality of the coins minted shall be— include— under this paragraph. (1) a designation of the value of the coin; (A) amounts deposited in the Fund under (C) SURCHARGES.—All sales of the coins is- (2) an inscription of the year; and section 101(6); and sued under this paragraph shall include a (3) inscriptions of the words ‘‘Liberty’’, ‘‘In (B) any donations received under para- surcharge of $10 per coin. God We Trust’’, ‘‘United States of America’’, graph (3). (D) DISTRIBUTION OF SURCHARGES.—Subject and ‘‘E Pluribus Unum’’. (3) DONATIONS.—The Secretary of the Inte- to section 5134(f) of title 31, United States SEC. 103. LEGAL TENDER. rior may accept donations to the Fund. Code (as added by section 301(b) of this Act), (a) LEGAL TENDER.—The coins issued under (4) INTEREST-BEARING ACCOUNT.—The Fund after receiving surcharges from the sale of this title shall be legal tender, as provided in shall be maintained in an interest-bearing the coins issued under this paragraph, the section 5103 of title 31, United States Code. account within the Treasury of the United Secretary shall transfer to the Secretary of (b) NUMISMATIC ITEMS.—For purposes of States. the Interior an amount equal to the sur- section 5134(f) of title 31, United States Code, (b) PURPOSES.—The Fund shall be used— charges received from the sale of the coins all coins minted under this title shall be con- (1) for the maintenance and repair of the issued under this paragraph, which amount sidered to be numismatic items. National Law Enforcement Officers Memo- shall be deposited in the Fund established SEC. 104. SOURCES OF BULLION. rial in Washington, D.C.; under section 201. (a) GOLD.—The Secretary shall obtain gold (2) to periodically add the names of law en- (7) JACKIE ROBINSON.— for minting coins under this title pursuant forcement officers who have died in the line (A) IN GENERAL.—In commemoration of the to the authority of the Secretary under of duty to the National Law Enforcement Of- 50th anniversary of the breaking of the color other provisions of law. ficers Memorial; barrier in major league baseball by Jackie (b) SILVER.—The Secretary shall obtain sil- (3) for the security of the National Law En- Robinson and the legacy that Jackie Robin- ver for minting coins under this title from forcement Officers Memorial site, including October 3, 1996 CONGRESSIONAL RECORD — SENATE S12319 the posting of National Park Service rangers of the 50 States. If the Secretary determines the expiration of the term to which such and United States Park Police, as appro- that such a commemorative coin program is member was appointed until a successor has priate; justified but that it is not practicable to been appointed and qualified.’’. (4) at the discretion of the Secretary of the commence the program by January 1, 1999, (b) STAGGERED TERMS.—Of the members Interior and in consultation with the Sec- then he shall notify the Committee on Bank- appointed to the Citizens Commemorative retary and the Attorney General of the Unit- ing and Financial Services of the House of Coin Advisory Committee under clause (i) or ed States, who shall establish an equitable Representatives and the Committee on (iii) of section 5135(a)(3)(A) of title 31, United procedure between the Fund and such other Banking, Housing, and Urban Affairs of the States Code, who are serving on the Advisory organizations as may be appropriate, to pro- Senate of such impracticability and of the Committee as of the date of the enactment vide educational scholarships to the imme- date on which the program will commence. of this Act— diate family members of law enforcement of- (1) DESIGN.—The design for each quarter (1) 1 member appointed under clause (i) and ficers killed in the line of duty whose names dollar issued under the program shall be em- 1 member appointed under clause (iii), as appear on the National Law Enforcement Of- blematic of 1 of the 50 States. The designs for designated by the Secretary, shall be deemed ficers Memorial, the total annual amount of quarter dollar coins issued during each year to have been appointed to a term which ends such scholarships not to exceed 10 percent of of the program shall be emblematic of States on December 31, 1997; the annual income of the Fund; which have not previously been commemo- (2) 1 member appointed under clause (i) and (5) for the dissemination of information re- rated under the program. 1 member appointed under clause (iii), as garding the National Law Enforcement Offi- (2) ORDER OF ISSUANCE.—Each State will be designated by the Secretary, shall be deemed cers Memorial to the general public; honored by a coin in the order of that State’s to have been appointed to a term which ends (6) to administer the Fund, including con- admission to the United States. on December 31, 1998; and tracting for necessary services, in an amount (3) NUMBER OF COINS.—Of the quarter dollar (3) 1 member appointed under clause (i) and not to exceed the lesser of— coins issued during each year of the pro- 1 member appointed under clause (iii), as (A) 10 percent of the annual income of the gram, the Secretary shall prescribe, on the designated by the Secretary, shall be deemed Fund; or basis of such factors as the Secretary deter- to have been appointed to a term which ends (B) $200,000 during any 1-year period; and mines to be appropriate, the number of quar- on December 31, 1999. (7) at the discretion of the Secretary of the ter dollar coins which shall be issued with (c) STATUS OF MEMBERS.—The members ap- Interior, in consultation with the Fund, for each of the designs selected for such year. pointed to the Citizens Commemorative Coin appropriate purposes in the event of an (4) SELECTION OF DESIGN.—Each of the 50 Advisory Committee under clause (i) or (iii) emergency affecting the operation of the Na- designs required for quarter dollars issued of section 5135(a)(3)(A) of title 31, United tional Law Enforcement Officers Memorial, under the program shall be— States Code, shall not be treated as special except that, during any 1-year period, not (A) selected pursuant to a process, decided Government employees. upon by the Secretary, on the basis of the more than $200,000 of the principal of the SEC. 304. MINT MANAGERIAL STAFFING REFORM. study conducted pursuant to subsection (a), Fund may be used to carry out this para- Section 5131 of title 31, United States Code, which process shall involve, among other graph. is amended— things, consultation with appropriate offi- (c) BUDGET AND AUDIT TREATMENT.—The (1) by striking subsection (c); and cials of the State being commemorated with Fund shall be subject to the budget and (2) by redesignating subsection (d) as sub- such design; and audit provisions of chapter 91 of title 31, section (c). United States Code.. (B) reviewed by the Citizens Commemora- tive Coin Advisory Committees and the Com- Amend the title so as to read: ‘‘An Act to TITLE III—STUDY OF FIFTY STATES mission of Fine Arts. establish United States commemorative coin COMMEMORATIVE COIN PROGRAM (5) TREATMENT AS NUMISMATIC ITEMS.—For programs, and for other purposes.’’. SECTION 301. SHORT TITLE. purposes of sections 5134 and 5138 of title 31, f This title may be cited as the ‘‘50 States United States Code, all coins minted under THE DRUG–INDUCED RAPE PRE- Commemorative Coin Program Act’’. this section shall be considered to be numis- SEC. 302. STUDY. matic items. VENTION AND PUNISHMENT ACT (a) STUDY.—The Secretary of the Treasury (6) NUMISMATIC ITEMS.— OF 1996 shall by June 1, 1997 complete a study of the (A) QUALITY OF COINS.—The Secretary may feasibility of a circulating commemorative mint and issue such number of quarter dol- coin program to commemorate each of the 50 lars of each design selected under paragraph HATCH (AND OTHERS) States. The study shall assess likely public (4) of this subsection in uncirculated and AMENDMENT NO. 5429 acceptance of and consumer demand for dif- proof qualities as the Secretary determines ferent coins that might be issued in connec- to be appropriate. Mr. LOTT (for Mr. HATCH for himself, tion with such a program (taking into con- (B) SILVER COINS.—Notwithstanding the Mr. BIDEN, and Mr. COVERDELL) pro- sideration the pace of issuance of coins and provisions of subsection 5112(b) of title 31, posed an amendment to the bill (H.R. the length of such a program), a comparison the Secretary may mint and issue such num- 4137) to combat drug-facilitated crimes of the costs of producing coins issued under ber of quarter dollars of each design selected of violence, including sexual assaults; the program and the revenue that the pro- under paragraph (4) of this subsection as the as follows: gram would generate, the impact on coin dis- Secretary determines to be appropriate with Strike all after the enacting clause and in- tribution systems, the advantages and dis- a content of 90 percent silver and 10 percent sert the following: advantages of different approaches to select- copper. ing designs for coins in such a program, and (C) SOURCE OF BULLION.—The Secretary SECTION 1. SHORT TITLE. such other factors as the Secretary considers may obtain silver for minting coins under This Act may be cited as the ‘‘Drug-In- appropriate in deciding upon the feasibility paragraph (6)(B) from stockpiles established duced Rape Prevention and Punishment Act of such a program. No steps taken in order to under the Strategic and Critical Materials of 1996’’. gather information for this study shall be Stock Piling Act. SEC. 2. PROVISIONS RELATING TO USE OF A CON- considered a collection of information within (d) FUNDING.—Funds used to complete this TROLLED SUBSTANCE WITH INTENT the meaning of 44 U.S.C. 3502. study shall be offset from funds from the De- TO COMMIT A CRIME OF VIOLENCE. (b) REPORT.—The Secretary shall submit partment of the Treasury. (a) PENALTIES FOR DISTRIBUTION.—Section the study required in (a) above, to the Com- SEC. 303. FIXED TERMS FOR MEMBERS OF THE 401(b) of the Controlled Substances Act is mittee on Banking and Financial Services of CITIZENS COMMEMORATIVE COIN amended by adding at the end the following: the House of Representatives and the Com- ADVISORY COMMITTEE. ‘‘(7) PENALTIES FOR DISTRIBUTION.— mittee on Banking, Housing, and Urban Af- (a) IN GENERAL.—Section 5135(a)(4) of title ‘‘(A) IN GENERAL.—Whoever, with intent to fairs of the Senate, simultaneously on its re- 31, United States Code, is amended to read as commit a crime of violence, as defined in ceipt by the Secretary. follows: section 16 of title 18, United States Code (in- (c) 50-STATE COMMEMORATIVE COIN PRO- ‘‘(4) TERMS.— cluding rape), against an individual, violates GRAM.—The Secretary shall determine by ‘‘(A) IN GENERAL.—Each individual ap- subsection (a) by distributing a controlled August 1, 1997 whether the results of the pointed to the Advisory Committee under substance to that individual without that in- study authorized by subsection (a) justify clause (i) or (iii) of paragraph (3)(A) shall be dividual’s knowledge, shall be imprisoned such a program. If the Secretary determines appointed for a term of 4 years. not more than 20 years and fined in accord- that such a program is justified, then he ‘‘(B) INTERIM APPOINTMENTS.—Any member ance with title 18, United States Code. shall by January 1, 1999, notwithstanding the appointed to fill a vacancy occurring before ‘‘(B) DEFINITION.—For purposes of this 4th sentence of subsection (d)(1) and sub- the expiration of the term for which such paragraph, the term ‘without that individ- section (d)(2) of section 5112, title 31, United member’s predecessor was appointed shall be ual’s knowledge’ means that the individual States Code, commence a commemorative appointed only for the remainder of such is unaware that a substance with the ability coin program consisting of the minting and term. to alter that individual’s ability to appraise issuance of quarter dollar coins bearing de- ‘‘(C) CONTINUATION OF SERVICE.—Each conduct or to decline participation in or signs, selected in accordance with paragraph member appointed under clause (i) or (iii) of communicate unwillingness to participate in (4) of this subsection, which are emblematic paragraph (3)(A) may continue to serve after conduct is administered to the individual.’’. S12320 CONGRESSIONAL RECORD — SENATE October 3, 1996 (b) ADDITIONAL PENALTIES RELATING TO THE FEDERAL COURTS SEC. 611. PLACE OF HOLDING COURT IN THE FLUNITRAZEPAM.— IMPROVEMENT ACT OF 1996 SOUTHERN DISTRICT OF NEW YORK. (1) GENERAL PENALTIES.—Section 401 of the The last sentence of section 112(b) of title Controlled Substances Act (21 U.S.C. 841) is 28, United States Code, is amended to read as amended— HATCH AMENDMENT NO. 5430 follows: (A) in subsection (b)(1)(C), by inserting ‘‘, ‘‘Court for the Southern District shall be or 1 gram of flunitrazepam,’’ after ‘‘I or II’’; Mr. LOTT. (for Mr. HATCH) proposed held at New York, White Plains, and in the and an amendment to the bill (S. 1887) to Middletown-Wallkill area of Orange County (B) in subsection (b)(1)(D), by inserting ‘‘or make improvements in the operation or such nearby location as may be deemed 30 milligrams of flunitrazepam,’’ after and administration of the Federal appropriate.’’. ‘‘schedule III,’’. courts, and for other purposes; as fol- SEC. 612. VENUE FOR TERRITORIAL COURTS. (2) IMPORT AND EXPORT PENALTIES.— lows: (a) CHANGE OF VENUE.—Section 1404(d) of (A) Section 1009(a) of the Controlled Sub- title 28, United States Code, is amended to stances Import and Export Act (21 U.S.C. On page 4, line 15, strike through line 25. read as follows: On page 5, line 8, strike through line 14 on 959(a)) is amended by inserting ‘‘or ‘‘(d) As used in this section, the term ‘dis- page 6 and insert the followings: flunitrazepam’’ after ‘‘I or II’’. trict court’ includes the District Court of (B) Section 1010(b)(3) of the Controlled SEC. 202. CONSENT TO TRAIL IN CERTAIN CRIMI- Guam, the District Court for the Northern Substances Import and Export Act (21 U.S.C. NAL ACTIONS. Mariana Islands, and the District Court of 960(b)) is amended by inserting ‘‘or (a) AMENDMENTS TO TITLE 18.—(1) Section the Virgin Islands, and the term ‘district’ in- flunitrazepam,’’ after ‘‘I or II,’’. 3401(b) of title 18, United States Code, is cludes the territorial jurisdiction of each (C) Section 1010(b)(4) of the Controlled Sub- amended— such court.’’. (A) in the first sentence by inserting ‘‘, stances Import and Export Act is amended (b) CURE OF WAIVER OF DEFECTS.—Section by inserting ‘‘(except a violation involving other than a petty offense that is a class B 1406(c) of title 28, United States Code, is flunitrazepam)’’ after ‘‘III, IV, or V,’’. misdemeanor charging a motor vehicle of- amended to read as follows: (3) SENTENCING GUIDELINES.— fense, a class C misdemeanor, or an infrac- ‘‘(c) As used in this section, the term ‘dis- (A) AMENDMENT OF SENTENCING GUIDE- tion,’’ after ‘‘misdemeanor’’; trict court’ includes the District Court of (B) in the second sentence by inserting LINES.—Pursuant to its authority under sec- Guam, the District Court for the Northern tion 994 of title 28, United States Code, the ‘‘judge’’ after ‘‘magistrate’’ each place it ap- Mariana Islands, and the District Court of United States Sentencing Commission shall pears; the Virgin Islands, and the term ‘district’ in- (C) by striking out the third sentence and review and amend as appropriate the sen- cludes the territorial jurisdiction of each inserting in lieu thereof the following: ‘‘The tencing guidelines for offenses involving such court.’’. magistrate judge may-not proceed to try the flunitrazepam. (c) APPLICABILITY.—The amendments made case unless the defendant, after such expla- (B) SUMMARY.—The United States Sentenc- by this section apply to cases pending on the nation, expressly consents to be tried before ing Commission shall submit to the Con- date of the enactment of this Act and to the magistrate judge and expressly and spe- gress— cases commenced on or after such date. cifically waives trial, judgment, and sentenc- (i) a summary of its review under subpara- Amend the table of contents accordingly. ing by a district judge. Any such consent and graph (A); and f (ii) an explanation for any amendment to waiver shall be made in writing or orally on the sentencing guidelines made under sub- the record.’’; and LEGISLATION TO ENHANCE paragraph (A). (D) by striking out ‘‘judge of the district FAIRNESS OF PATENTS court’’ each place it appears and inserting in (C) SERIOUS NATURE OF OFFENSES.—In carrying out this paragraph, the United States lieu thereof ‘‘district judge’’. (2) Section 3401(g) of title 18, United States Sentencing Commission shall ensure that HATCH AMENDMENT NO. 5431 the sentencing guidelines for offenses involv- Code, is amended by striking out the first ing flunitrazepam reflect the serious nature sentence and inserting in lieu thereof the fol- Mr. LOTT (for Mr. HATCH) proposed of such offenses. lowing: ‘‘the magistrate judge may, in a an amendment to the bill (H.R. 632) to petty offense case involving a juvenile, that (c) INCREASED PENALTIES FOR UNLAWFUL enhance fairness in compensating own- is a class C misdemeanor, or an infraction, SIMPLE POSSESSION OF FLUNITRAZEPAM.—Sec- ers of patents used by the United exercise all powers granted to the district tion 404(a) of the Controlled Substances Act States; as follows: (21 U.S.C. 844(a)) is amended by inserting court under chapter 403 of this title. The magistrate judge may, in any other class B On page 2, line 8, strike all after the period after ‘‘exceeds 1 gram.’’ the following: ‘‘Not- through ‘‘Act.’’ on line 13 and insert ‘‘Not- withstanding any penalty provided in this or C misdemeanor case involving a juvenile in which consent to trail before a magistrate withstanding the preceding sentences, unless subsection, any person convicted under this the action has been pending for more than 10 subsection for the possession of judge has been filed under subsection (b), exercise all powers granted to the district years from the time of filing to the time that flunitrazepam shall be imprisoned for not the owner applies for such costs and fees, more than 3 years, shall be fined as other- court under chapter 403 of this title.’’. (b) AMENDMENTS TO TITLE 28.—Section reasonable and entire compensation shall wise provided in this section, or both’’. 636(a) of title 28, United States Code, is not include such costs and fees if the court SEC. 3. STUDY ON RESCHEDULING FLUNITRA- amended— finds that the position of the United States ZEPAM. (1) by striking out ‘‘, lieu thereof a semi- was substantially justified or that special (a) STUDY.—The Administrator of the Drug colon; and circumstances make an award unjust.’’. Enforcement Administration shall, in con- (2) by striking out paragraph (4) and in- On page 2, line 17, strike ‘‘January 1, 1995’’ sultation with other Federal and State agen- serting the following: and insert ‘‘the date of the enactment of this cies, as appropriate, conduct a study on the ‘‘(4) the power to enter a sentence for a Act’’. appropriateness and desirability of resched- petty offense that is a class B misdemeanor f uling flunitrazepam as a Schedule I con- charging a motor vehicle offense, a class C trolled substance under the Controlled Sub- misdemeanor, or an infraction; and HATCH (AND KENNEDY) stances Act (21 U.S.C. 801 et seq.). ‘‘(5) the power to enter a sentence for a AMENDMENT NO. 5432 (b) REPORT.—Not later than 180 days after class A misdemeanor, or a class B or C mis- Mr. LOTT (for Mr. HATCH for himself the date of the enactment of this Act, the demeanor not covered by paragraph (4), in a Administrator shall submit to the Commit- case in which the parties have consented.’’. and Mr. KENNEDY) proposed an amend- tees on the Judiciary of the House of Rep- On page 6, line 15, strike through the mat- ment to the bill (S. 2197) to extend the resentatives and the Senate the results of ter following line 2 on page 7. authorized period of stay within the the study conducted under subsection (a), to- On page 9, line 6, strike through line 2 on United States for certain nurses; as fol- gether with any recommendations regarding page 11. lows: rescheduling of flunitrazepam as a Schedule On page 13, line 4, strike through line 7 on I controlled substance under the Controlled page 15. Add at the end of the bill the following: Substances Act (21 U.S.C. 801 et seq.). On page 17, line 1, strike through line 3 on SEC. 2. TECHNICAL CORRECTION. SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DE- page 19. Effective on September 30, 1996, subtitle A PARTMENTS. On page 19, line 22, strike through line 9 on of title III of the Illegal Immigration Reform The Attorney General may— page 23. and Immigrant Responsibility Act of 1996 is (1) create educational materials regarding On page 31, line 8, strike through line 2 on amended— the use of controlled substances (as that page 32. (1) in section 306(c)(1), by striking ‘‘to all term is defined in section 102 of the Con- On page 35, line 21, strike through line 2 on final’’ and all that follows through ‘‘Act trolled Substances Act) in the furtherance of page 36. and’’ and inserting ‘‘as provided under sec- rapes and sexual assaults; and On page 44, line 20, strike through line 21 tion 309, except that’’; (2) disseminate those materials to police on page 48. (2) in section 309(c)(1), by striking ‘‘as of’’ departments throughout the United States. On page 48, add after line 21 the following: and inserting ‘‘before’’; and October 3, 1996 CONGRESSIONAL RECORD — SENATE S12321

(3) in section 309(c)(4), by striking ‘‘de- redesignate the item relating to section 430 ‘‘(f) EFFECTIVE DATE.—This section shall scribed in paragraph (1)’’. as an item relating to section 431. take effect on October 1, 1997.’’. f In the table of contents relating to title 3, In section 412(b) of title 3, United States United States Code (as added by section 2), Code (as added by section 2), strike ‘‘such THE INCREASED MANDATORY in the item relating to subchapter III, strike damages’’ and insert ‘‘such remedy’’. MINIMUM SENTENCES ACT OF 1996 the hyphen and insert a space. In section 412 of title 3, United States Code In the table of contents relating to title 3, (as added by section 2), add at the end the United States Code (as added by section 2), following: strike the item relating to section 457. ‘‘(c) REGULATIONS TO IMPLEMENT SEC- DEWINE (AND HELMS) In the table of contents for title 3, United TION.— AMENDMENT NO. 5433 States Code (as amended by section 2), strike the items relating to subchapters IV and V ‘‘(1) IN GENERAL.—The President, or the Mr. LOTT (for Mr. DEWINE for him- and insert the following: designee of the President, shall issue regulations to implement this section. self and Mr. HELMS) proposed an ‘‘SUBCHAPTER IV—EFFECTIVE DATE amendment to the bill (S. 1612) to pro- ‘‘(2) AGENCY REGULATIONS.—The regula- ‘‘471. Effective date.’’. vide for increased mandatory minimum tions issued under paragraph (1) shall be the In section 401 of title 3, United States Code sentences for criminals possessing fire- same as substantive regulations promulgated (as added by section 2), insert before ‘‘Ex- by the Secretary of Labor to implement the arms, and for other purposes; as fol- cept’’ the following: statutory provisions referred to in sub- lows: ‘‘(a) IN GENERAL.—’’. sections (a) and (b)— Strike all after the enacting clause and in- In section 401 of title 3, United States Code ‘‘(A) except to the extent that the Presi- sert the following: (as added by section 2), add at the end the dent or designee may determine, for good following: cause shown and stated together with the SECTION 1. FIREARMS OFFENSES. ‘‘(b) DEFINITIONS RELATING TO CERTAIN regulation, that a modification of such regu- (a) IN GENERAL.—Sections 924(c)(1) and MATTERS.—For purposes of applying this 929(a)(1) of title 18, United States code, are chapter with respect to any practice or other lations would be more effective for the im- each amended by striking ‘‘uses or carries’’ matter— plementation of the rights and protections and inserting ‘‘possesses’’. ‘‘(1) to which section 411 relates, the terms under this section; and (b) AMENDMENT OF SENTENCING GUIDE- ‘employing office’ and ‘covered employee’ ‘‘(B) except that the President or designee LINES.— shall each be considered to have the meaning may, at the discretion of the President or (1) IN GENERAL.—Pursuant to its authority given to the term by such section; designee, issue regulations to implement a under section 994 of title 28, United States ‘‘(2) to which section 412 relates, the term provision of subchapter V of chapter 63 of Code, the United States Sentencing Commis- ‘covered employee’ means a covered em- title 5, United States Code, that applies to sion shall review and, if appropriate, amend ployee described in section 412(a)(2)(B); employees in the executive branch of the the Federal Sentencing Guidelines and the ‘‘(3) to which section 413 relates, the term Federal Government in lieu of an analogous policy statements of the Commission to pro- ‘covered employee’ excludes interns and vol- statutory provision referred to in subsection vide an appropriate sentence enhancement unteers, as described in section 413(a)(2); and (a) or (b), if the issuance of such regula- with respect to any defendant who dis- ‘‘(4) to which section 416 relates, the term tions— charges a firearm during or in relation to ‘covered employee’ means a covered em- ‘‘(i) would be equally effective for the im- any crime of violence or any drug trafficking ployee described in section 416(a)(2).’’. plementation of the rights and protections crime. In section 411 of title 3, United States Code under this section; and (2) CONSISTENCY.—In carrying out this sub- (as added by section 2), redesignate sub- ‘‘(ii) would promote uniformity in the ap- section, the United States Commission section (d) as subsection (e). plication of Federal law to employees in the shall— In section 411 of title 3, United States Code executive branch of the Federal Government. (A) ensure that there is reasonable consist- (as added by section 2 and so redesignated) ‘‘(d) EFFECTIVE DATE.—Subsections (a) and ency with other Federal Sentencing Guide- insert after subsection (c) the following: (b) shall take effect on the earlier of— lines; ‘‘(d) REGULATIONS TO IMPLEMENT SEC- ‘‘(1) the effective date of regulations issued TION.— (B) avoid duplicative punishment for sub- under subsection (c); or ‘‘(1) IN GENERAL.—The President, or the stantially the same offense; and ‘‘(2) October 1, 1998.’’. designee of the President, shall issue regula- (C) take into account any mitigating cir- In section 413(c)(1) of title 3, United States tions to implement paragraphs (1) and (3) of cumstances that might justify an exception Code (as added by section 2), strike ‘‘Presi- subsection (a) and paragraphs (1) and (3) of to any amendment made under paragraph dent’’ and insert ‘‘President, or the designee subsection (b). (1). of the President,’’. ‘‘(2) AGENCY REGULATIONS.—The regula- (3) DEFINITIONS.—For purposes of this sub- In section 413(c)(2) of title 3, United States tions issued under paragraph (1) shall be the section, the terms ‘‘crime of violence’’ and Code (as added by section 2), strike ‘‘sub- same as substantive regulations promulgated ‘‘drug trafficking crime’’ have the same section (a) except insofar as the President’’ by the appropriate officer of an executive meanings as in section 924(c) of title 18, Unit- and insert ‘‘subsections (a) and (b) except to agency to implement the statutory provi- the extent that the President or designee’’. ed States Code. sions referred to in paragraphs (1) and (3) of In section 413(c)(3) of title 3, United States Amend the title so as to read: ‘‘A bill to subsection (a) and paragraphs (1) and (3) of Code (as added by section 2), strike ‘‘Presi- broaden the scope of certain firearms of- subsection (b)— dent’’ and insert ‘‘President or designee’’. fenses, and for other purposes.’’. ‘‘(A) except to the extent that the Presi- In section 413 of title 3, United States Code f dent or designee may determine, for good (as added by section 2), add at the end the cause shown and stated together with the following: PRESIDENTIAL AND EXECUTIVE regulation, that a modification of such regu- ‘‘(d) EFFECTIVE DATE.—Subsections (a) and OFFICE ACCOUNTABILITY ACT lations would be more effective for the im- (b) shall take effect on the earlier of— plementation of the rights and protections under this section; and ‘‘(1) the effective date of regulations issued under subsection (c); or COATS AMENDMENT NO. 5434 ‘‘(B) except that the President or designee may, at the discretion of the President or ‘‘(2) October 1, 1998.’’. Mr. LOTT (for Mr. COATS) proposed designee, issue regulations to implement a In section 414(c)(1) of title 3, United States an amendment to the bill (H.R. 3452) to provision of section 717 of the Civil Rights Code (as added by section 2), strike ‘‘Presi- make certain laws applicable to the Act of 1964 or section 501 of the Rehabilita- dent’’ and insert ‘‘President, or the designee Executive Office of the President, and tion Act of 1973 that applies to employees in of the President,’’. for other purposes, as follows: the executive branch of the Federal Govern- In section 414(c)(2) of title 3, United States Code (as added by section 2), strike ‘‘insofar In section 1(b), strike the items relating to ment in lieu of an analogous statutory provi- as the President’’ and insert ‘‘to the extent sections 4 through 9, and insert the follow- sion referred to in paragraph (1) or (3) of sub- that the President or designee’’. ing: section (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regula- In section 414 of title 3, United States Code Sec. 4. Applicability of future employment tions— (as added by section 2), add at the end the laws. ‘‘(i) would be equally effective for the im- following: Sec. 5. Repeal of section 303 of the Govern- plementation of the rights and protections ‘‘(d) EFFECTIVE DATE.—Subsections (a) and ment Employee Rights Act of under this section; and (b) shall take effect on the earlier of— 1991. ‘‘(ii) would promote uniformity in the ap- ‘‘(1) the effective date of regulations issued In the table of contents relating to title 3, plication of Federal law to employees in the under subsection (c); or United States Code (as added by section 2), executive branch of the Federal Govern- ‘‘(2) October 1, 1998.’’. redesignate the item relating to section 420 ment.’’. In section 415(a)(2)(A) of title 3, United as an item relating to section 421. In section 411 of title 3, United States Code States Code (as added by section 2), strike In the table of contents relating to title 3, (as added by section 2 and so redesignated), ‘‘does not succeed himself’’ and insert ‘‘is United States Code (as added by section 2), add at the end the following: not elected to a successive term’’. S12322 CONGRESSIONAL RECORD — SENATE October 3, 1996 In section 415(c)(1) of title 3, United States designee, issue regulations to implement a In section 431(d)(2)(G) of title 3, United Code (as added by section 2), strike ‘‘Presi- provision of section 1, 2, 3, or 6 of the Act en- States Code (as added by section 2 and so re- dent’’ and insert ‘‘President, or the designee titled ‘An Act to insure that certain build- designated), strike the semicolon and insert of the President,’’. ings financed with Federal funds are so de- ‘‘; and’’. In section 415(c)(2) of title 3, United States signed and constructed as to be accessible to In section 431(d)(2)(H) of title 3, United Code (as added by section 2), strike ‘‘sub- the physically handicapped’, approved Au- States Code (as added by section 2 and so re- section (a) except insofar as the President’’ gust 12, 1968 (commonly known as the ‘Archi- designated), strike ‘‘; and’’ and insert a pe- and insert ‘‘subsections (a) and (b) except to tectural Barriers Act of 1968’) or section 501 riod. the extent that the President or designee’’. of the Rehabilitation Act of 1973 that applies In section 431(d)(2) of title 3, United States In section 415 of title 3, United States Code to agencies of the executive branch of the Code (as added by section 2 and so redesig- (as added by section 2), add at the end the Federal Government in lieu of an analogous nated), strike subparagraph (I). In section 431 of title 3, United States Code following: statutory provision referred to in subsection ‘‘(d) EFFECTIVE DATE.—Subsections (a) and (as added by section 2 and so redesignated), (a) or (b), if the issuance of such regula- (b) shall take effect on the earlier of— add at the end the following: tions— ‘‘(1) the effective date of regulations issued ‘‘(e) EFFECTIVE DATE.— ‘‘(i) would be equally effective for the im- under subsection (c); or ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) October 1, 1998.’’. plementation of the rights and protections paragraph (2), subsections (a) and (b) shall In section 416(c)(1) of title 3, United States under this section; and take effect on the earlier of— Code (as added by section 2), strike ‘‘Presi- ‘‘(ii) would promote uniformity in the ap- ‘‘(A) the effective date of regulations is- dent’’ and insert ‘‘President, or the designee plication of Federal law to agencies of the sued under subsection (c); or of the President,’’. executive branch of the Federal Government. ‘‘(B) October 1, 1998. ‘‘(e) EFFECTIVE DATE.—Subsections (a), (b), In section 416(c) of title 3, United States ‘‘(2) CERTAIN EMPLOYING OFFICES.—Sub- and (c) shall take effect on the earlier of— Code (as added by section 2), strike para- sections (a) and (b) shall take effect, with re- ‘‘(1) the effective date of regulations issued graph (2) and insert the following: spect to employing offices, and employees of under subsection (d); or ‘‘(2) AGENCY REGULATIONS.—The regula- employing offices, referred to in subsection ‘‘(2) October 1, 1998.’’. tions issued under paragraph (1) shall be the (d)(2), on the earlier of— same as substantive regulations promulgated In section 425(c)(3)(A) of title 3, United States Code (as added by section 2), strike ‘‘(A) the effective date of regulations is- by the Secretary of Labor to implement the sued under subsection (d); or statutory provisions referred to in sub- ‘‘he’’ and insert ‘‘the employer’’. In section 425(c)(5) of title 3, United States ‘‘(B) October 1, 1998.’’. sections (a) and (b)— Code (as added by section 2), strike ‘‘appro- In section 435(a) of title 3, United States ‘‘(A) except to the extent that the Presi- priate United States circuit court of ap- Code (as added by section 2), strike ‘‘420’’ and dent or designee may determine, for good peals’’ and insert ‘‘United States Court of insert ‘‘421’’. cause shown and stated together with the Appeals for the Federal Circuit’’. In section 435 of title 3, United States Code regulation, that a modification of such regu- In section 425(d)(1) of title 3, United States (as added by section 2), strike subsection (g) lations would be more effective for the im- Code (as added by section 2), strike ‘‘Presi- and insert the following: plementation of the rights and protections dent’’ and insert ‘‘President, or the designee ‘‘(g) POLITICAL AFFILIATION.—It shall not under this section; and of the President,’’. be a violation of any provision of this chap- ‘‘(B) except that the President or designee In section 425(d)(2) of title 3, United States ter to consider, or make any employment de- may, at the discretion of the President or Code (as added by section 2), strike ‘‘sub- cision based on, the party affiliation, or po- designee, issue regulations to implement a section (a) except to the extent that the litical compatibility with the employing of- provision of section 4314 or 4324 of title 38, President’’ and insert the following: ‘‘sub- fice, of an employee who is a covered em- United States Code, that applies to employ- sections (a) and (b)— ployee.’’. In section 452(a) of title 3, United States ees in the executive branch of the Federal ‘‘ ‘(A) except to the extent that the Presi- Code (as added by section 2), strike ‘‘Presi- Government in lieu of an analogous statu- dent or designee’’. tory provision referred to in subsection (a) or In section 425(d)(2) of title 3, United States dent’’ and insert ‘‘President, or the designee (b), if the issuance of such regulations— Code (as added by section 2), strike the pe- of the President,’’. In section 453(1) of title 3, United States ‘‘(i) would be equally effective for the im- riod at the end and insert the following: ‘‘; Code (as added by section 2), strike ‘‘admin- plementation of the rights and protections and istrative’’. under this section; and ‘‘ ‘(B) except that the President or designee In section 454(a) of title 3, United States ‘‘(ii) would promote uniformity in the ap- may, at the discretion of the President or Code (as added by section 2), add at the end plication of Federal law to employees in the designee, issue regulations to implement a the following: ‘‘The complaint in an action executive branch of the Federal Govern- provision of section 19 of the Occupational involving such an alleged violation shall be ment.’’. Safety and Health Act of 1970 that applies to processed under the procedures specified by In section 416 of title 3, United States Code agencies or employees of the executive the President, or the designee of the Presi- (as added by section 2), add at the end the branch of the Federal Government in lieu of dent, in such regulations as the President or following: an analogous statutory provision referred to designee may issue.’’. ‘‘(d) EFFECTIVE DATE.—Subsections (a) and in subsection (a) or (b), if the issuance of In section 454(b)(1) of title 3, United States (b) shall take effect on the earlier of— such regulations— Code (as added by section 2), strike ‘‘other ‘‘(1) the effective date of regulations issued ‘‘ ‘(i) would be equally effective for the im- Federal employee’’ and insert ‘‘employee in under subsection (c); or plementation of the rights and protections the executive branch of the Federal Govern- ‘‘(2) October 1, 1998.’’. under this section; and ment (other than a covered employee)’’. In section 417 of title 3, United States Code ‘‘ ‘(ii) would promote uniformity in the ap- In section 454(b)(2) of title 3, United States (as added by section 2), strike subsection (c). plication of Federal law to employees in the Code (as added by section 2), strike ‘‘How- In section 420 of title 3, United States Code executive branch of the Federal Govern- ever, in’’ and insert ‘‘In’’. (as added by section 2), strike ‘‘420.’’ and in- ment.’’. In section 454(b)(2) of title 3, United States sert ‘‘421.’’. In section 425 of title 3, United States Code In section 421 of title 3, United States Code Code (as added by section 2), strike ‘‘(c)(1)’’. (as added by section 2), add at the end the In section 454(b)(3) of title 3, United States (as added by section 2 and so redesignated), following: Code (as added by section 2), strike ‘‘appro- add at the end the following: ‘‘(e) EFFECTIVE DATE.—Subsections (a) priate circuit court of appeals’’ and insert ‘‘(d) REGULATIONS TO IMPLEMENT SEC- through (c) shall take effect on the earlier ‘‘United States Court of Appeals for the Fed- TION.— of— eral Circuit’’. ‘‘(1) IN GENERAL.—The President, or the ‘‘(1) the effective date of regulations issued In section 455 of title 3, United States Code designee of the President, shall issue regula- under subsection (d); or (as added by section 2), strike ‘‘President’’ tions to implement this section. ‘‘(2) October 1, 1998.’’. and insert ‘‘President, or the designee of the ‘‘(2) AGENCY REGULATIONS.—The regula- In section 430 of title 3, United States Code President,’’. tions issued under paragraph (1) shall be the (as added by section 2), strike ‘‘430.’’ and in- In title 3, United States Code (as amended same as substantive regulations promulgated sert ‘‘431.’’. by section 2), strike section 457. by the appropriate officer of an executive In section 431(c)(2)(B) of title 3, United In title 3, United States Code (as amended agency to implement the statutory provi- States Code (as added by section 2 and so re- by section 2), strike subchapter IV. sions referred to in subsections (a) and (b)— designated), strike ‘‘deems’’ and insert ‘‘may In title 3, United States Code (as amended ‘‘(A) except to the extent that the Presi- determine that a modification of such regu- by section 2), redesignate subchapter V as dent or designee may determine, for good lations is’’. subchapter IV. cause shown and stated together with the In section 431(d)(1) of title 3, United States In title 3, United States Code (as amended regulation, that a modification of such regu- Code (as added by section 2 and so redesig- by section 2), strike section 481 and insert lations would be more effective for the im- nated), strike ‘‘Federal Labor Relations’’. the following: plementation of the rights and protections In section 431(d)(2)(E) of title 3, United ‘‘SEC. 471. EFFECTIVE DATE. under this section; and States Code (as added by section 2 and so re- ‘‘(a) IN GENERAL.—Except as otherwise pro- ‘‘(B) except that the President or designee designated), strike ‘‘Advisors’’ and insert vided in this chapter, this chapter shall take may, at the discretion of the President or ‘‘Advisers’’. effect on October 1, 1997. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12323

‘‘(b) REGULATIONS.—Sections 411(d), 412(c), sional Accountability Act of 1995 (2 U.S.C. ‘‘§ 412. Rights and protections under the Fam- 413(c), 414(c), 415(c), 416(c), 421(d), 425(d), 1302), and that is enacted later than 12 ily and Medical Leave Act of 1993’’. 431(c), 431(d), 452(a), and 454(a) shall take ef- months after the date of the enactment of In section 413 of title 3, United States Code fect on the date of enactment of this Act.’’. this Act, shall be deemed to apply with re- (as added by section 2), strike the section Section 2(b) is amended to read as follows: spect to ‘‘employing offices’’ and ‘‘covered heading and insert the following: (b) REGULATIONS.—Appropriate measures employees’’ (within the meaning of section ‘‘§ 413. Rights and protections under the Fair shall be taken to ensure that— 401 of title 3, United States Code, as added by Labor Standards Act of 1938’’. (1) any regulations required to implement this Act), unless such law specifically pro- section 411 of title 3, United States Code, vides otherwise and expressly cites this sec- In section 414 of title 3, United States Code shall be in effect by October 1, 1997; and tion. (as added by section 2), strike the section (2) any other regulations needed to imple- (b) REGULATIONS.— heading and insert the following: ment chapter 5 of title 3, United States Code (1) IN GENERAL.—The President, or the des- ‘‘§ 414. Rights and protections under the Em- shall be in effect as soon as practicable, but ignee of the President, shall issue regula- ployee Polygraph Protection Act of 1988’’. not later than October 1, 1998. tions to implement such provision. In section 415 of title 3, United States Code In section 3(a)(1), strike ‘‘(1) Chapter’’ and (2) AGENCY REGULATIONS.—The regulations (as added by section 2), strike the section insert the following: issued under paragraph (1) to implement a heading and insert the following: ‘‘(1) IN GENERAL.—Chapter’’. provision shall be the same as substantive ‘‘§ 415. Rights and protections under the In section 1296(a) of title 3, United States regulations promulgated by the head of the Worker Adjustment and Retraining Notifi- Code (as added by section 3(a)(1)), strike ‘‘the appropriate executive agency to implement cation Act’’. courts of appeals (other than the United the provision, except to the extent that the States Court of Appeals for the Federal Cir- President or designee may determine, for In section 416 of title 3, United States Code cuit)’’ and insert ‘‘the United States Court of good cause shown and stated together with (as added by section 2), strike the section Appeals for the Federal Circuit’’. the regulation, that a modification of such heading and insert the following: In section 1296(a)(2) of title 3, United regulations would be more effective for the ‘‘§ 416. Rights and protections relating to vet- States Code (as added by section 3(a)(1)), implementation of the rights and protections erans’ employment and reemployment’’. strike ‘‘under chapter’’ and all that follows under the section. In section 417 of title 3, United States Code through ‘‘such title’’ and insert ‘‘made under In section 7, in the section heading, strike (as added by section 2), strike the section part D of subchapter II of chapter 5 of title ‘‘320’’ and insert ‘‘303’’. heading and insert the following: 3, notwithstanding section 7123 of title 5’’. In section 7(a), strike ‘‘320 of the Govern- ‘‘§ 417. Prohibition of intimidation or re- In section 1296 of title 3, United States ment Employee Rights Act of 1991’’ and in- prisal’’. Code (as added by section 3(a)(1)), strike sub- sert ‘‘303 of the Government Employee In section 421 of title 3, United States Code section (c). Rights Act of 1991 (as redesignated by sec- (as added by section 2 and so redesignated), In section 3(a)(2), strike ‘‘(2) The table of tion 504(a)(3) of the Congressional Account- strike the section heading and insert the fol- sections for chapter 158’’ and insert the fol- ability Act of 1995)’’. lowing: lowing: Section 7(b) is amended to read as follows: ‘‘(2) TABLE OF SECTIONS.—The table of sec- ‘‘(b) EFFECTIVE DATE.—This section shall ‘‘§ 421. Rights and protections under the tions for chapter 83’’. take effect on October 1, 1997.’’ Americans with Disabilities Act of 1990’’. In section 3(b)(2)(A), strike ‘‘(A) Chapter’’ In section 7(c), strike ‘‘in which the’’ and In section 425 of title 3, United States Code and insert the following: insert ‘‘under such section 303 in which a’’. (as added by section 2), strike the section ‘‘(A) IN GENERAL.—Chapter’’. Redesignate section 7 as section 5. heading and insert the following: In section 3(b)(2)(B), strike ‘‘(B)’’ and in- Strike sections 8 and 9. ‘‘§ 425. Rights and protections under the Oc- sert the following: In chapter 5 of title 3, United States Code cupational Safety and Health Act of 1970; ‘‘(B) TABLE OF SECTIONS.—’’. (as added by section 2), strike the subchapter procedures for remedy of violations’’. In section 3(b)(3), strike ‘‘(A)’’. heading for subchapter I and insert the fol- In section 3(b)(3), insert opening quotation lowing: In section 431 of title 3, United States Code marks after ‘‘striking’’. (as added by section 2 and so redesignated), ‘‘SUBCHAPTER I—GENERAL strike the section heading and insert the fol- In section 3(c), strike ‘‘PROCEDURE.—’’ and PROVISIONS’’. all that follows through ‘‘Part VI’’ and insert lowing: In chapter 5 of title 3, United States Code the following: ‘‘PROCEDURE.—Part VI’’. ‘‘§ 431. Application of chapter 71 of title 5, re- In section 3903 of title 28, United States (as added by section 2), strike the subchapter lating to Federal service labor-management Code (as added by section 3(c)), strike heading for subchapter II and insert the fol- relations; procedures for remedy of viola- ‘‘President’’ and insert ‘‘President, the des- lowing: tions’’. ignee of the President, or the Federal Labor ‘‘SUBCHAPTER II—EXTENSION OF In section 435 of title 3, United States Code Relations Authority’’. RIGHTS AND PROTECTIONS’’. (as added by section 2), strike the section In section 3905(a) of title 28, United States In chapter 5 of title 3, United States Code heading and insert the following: Code (as added by section 3(c)), strike ‘‘420’’ (as added by section 2), strike the subchapter ‘‘§ 435. Generally applicable remedies and and insert ‘‘421’’. heading for subchapter III and insert the fol- limitations’’. In section 3905 of title 28, United States lowing: In section 451 of title 3, United States Code Code (as added by section 3(c)), add at the ‘‘SUBCHAPTER III—ADMINISTRATIVE end the following: (as added by section 2), strike the section AND JUDICIAL DISPUTE RESOLUTION heading and insert the following: ‘‘(c) PUNITIVE DAMAGES.—Except as other- PROCEDURES’’. wise provided in chapter 5 of title 3, no puni- ‘‘§ 451. Procedure for consideration of alleged In chapter 5 of title 3, United States Code tive damages may be awarded with respect violations’’. (as added by section 2), strike the subchapter to any claim under chapter 5 of title 3.’’. In section 452 of title 3, United States Code In section 3906(2) of title 28, United States heading for subchapter IV (as so redesignated) and insert the following: (as added by section 2), strike the section Code (as added by section 3(c)), strike ‘‘such heading and insert the following: ‘‘SUBCHAPTER IV—EFFECTIVE DATE’’. office’’ and insert ‘‘the office involved’’. ‘‘§ 452. Counseling and mediation’’. In title 28, United States Code (as amended In section 401 of title 3, United States Code by section 3(c)), strike section 3908 and insert (as added by section 2), strike the section In section 453 of title 3, United States Code the following: heading and insert the following: (as added by section 2), strike the section heading and insert the following: ‘‘§ 3908. Definitions. ‘‘§ 401. Definitions’’. ‘‘§ 453. Election of proceeding’’. ‘‘For purposes of applying this chapter, the In section 402 of title 3, United States Code terms ‘employing office’ and ‘covered em- (as added by section 2), strike the section In section 454 of title 3, United States Code ployee’ have the meanings given those terms heading and insert the following: (as added by section 2), strike the section heading and insert the following: in section 401 of title 3.’’. ‘‘§ 402. Application of laws’’. Section 3(d) is amended to read as follows: ‘‘§ 454. Appropriate agencies’’. In section 411 of title 3, United States Code ‘‘(d) EFFECTIVE DATE.—The amendments In section 455 of title 3, United States Code (as added by section 2), strike the section made by this section shall take effect on Oc- (as added by section 2), strike the section heading and insert the following: tober 1, 1997.’’ heading and insert the following: ‘‘§ 411. Rights and protections under title VII In section 3(e), strike ‘‘(1)’’. ‘‘§ 455. Effect of failure to issue regulations’’. Strike sections 4 and 5. of the Civil Rights Act of 1964, the Age Dis- Strike section 6 and insert the following: crimination in Employment Act of 1967, the In section 456 of title 3, United States Code Rehabilitation Act of 1973, and title I of the (as added by section 2), strike the section SEC. 4. APPLICABILITY OF FUTURE EMPLOY- heading and insert the following: MENT LAWS. Americans with Disabilities Act of 1990’’. (a) IN GENERAL.—Each provision of Federal In section 412 of title 3, United States Code ‘‘§ 456. Confidentiality’’. law that is made applicable to the legislative (as added by section 2), strike the section In section 471 of title 3, United States Code branch under section 102 of the Congres- heading and insert the following: (as added by section 2 and so redesignated), S12324 CONGRESSIONAL RECORD — SENATE October 3, 1996 strike the section heading and insert the fol- At the appropriate place, insert the follow- Committee on Intelligence be author- lowing: ing new section: ized to meet during the session of the ‘‘§471. Effective date’’. SEC. . EDMUND S. MUSKIE FOUNDATION. Senate on Thursday, October 3, 1996, at f In recognition of the public service of Sen- 10 a.m. to hold a closed business meet- ator and Secretary of State Edmund S. HUMAN RIGHTS RESTORATION ing. Muskie, the Secretary of Education is au- The PRESIDING OFFICER. Without ACT OF 1996 thorized to award a grant in accordance with objection, it is so ordered. the provisions of this Act to assist in the establishment of the Edmund S. Muskie Foun- SUBCOMMITTEE ON READINESS PELL AMENDMENT NO. 5435 dation, located in Washington, DC, by pro- Mr. COVERDELL. Mr. President, I Mr. LOTT (for Mr. PELL) proposed an viding assistance to support the foundation, ask unanimous consent that the Sub- amendment to the bill (H.R. 4036) to including assistance to be used for awarding committee on Readiness of the Com- strengthen the protection of inter- stewardships, supporting the Muskie ar- mittee on Armed Services be author- chives, and supporting the Edmund S. ized to meet at 1 p.m. on Thursday, Oc- nationally recognized human rights; as Muskie Institute of Public Affairs. follows: tober 3, 1996, in open session, to receive testimony on the U.S. Military Forces Delete sections 101 and 102 KASSEBAUM AMENDMENT NO. 5438 in Bosnia and President Clinton’s decision to send an additional 5,000 troops. KERRY AMENDMENT NO. 5436 Mr. LOTT (for Mrs. KASSEBAUM) proposed an amendment to the bill, H.R. The PRESIDING OFFICER. Without Mr. LOTT (for Mr. KERRY) proposed 4036, supra; as follows: objection, it is so ordered. an amendment to the bill (H.R. 4036) f supra; as follows: Strike Section 104. At the end of the bill add the following new ADDITIONAL STATEMENTS title: JEFFORDS AMENDMENT NO. 5439 TITLE III—CLAIBORNE PELL INSTITUTE Mr. LOTT (for Mr. JEFFORDS) pro- TRIBUTE TO REAR ADM. JAMES E. FOR INTERNATIONAL RELATIONS AND posed an amendment to the bill, H.R. PUBLIC POLICY FORREST, SC, USN (RET) 4036, supra; as follows: SEC. 301. SHORT TITLE. ∑ Mr. MCCAIN. Mr. President, today I This title may be cited as the ‘‘Claiborne At the appropriate place, insert the follow- rise to honor my friend, Rear Adm. Jim Pell Institute for International Relations ing: Forrest. He is an outstanding Amer- and Public Policy Act’’. SEC. . CALVIN COOLIDGE MEMORIAL FOUNDA- ican, an exemplary naval officer, and a TION GRANT. SEC. 302. GRANT AUTHORIZED. man who has made a very significant (a) DEFINITIONS.—In this section: In recognition of the public service of Sen- contribution to the development of our ator Claiborne Pell, the Secretary of Edu- (1) FOUNDATION.—The term ‘‘Foundation’’ means the Calvin Coolidge Memorial Foun- national defense. cation is authorized to award a grant, in ac- Over the years, the U.S. Senate has cordance with the provisions of this title, to dation. assist in the establishment and operation of (2) SECRETARY.—The term ‘‘Secretary’’ paid tribute to many people for their the Claiborne Pell Institute for International means the Secretary of Education. commitment to making this country Relations and Public Policy, located at (b) GRANT AUTHORIZED.—The Secretary is great. Most of those so honored have in Salve Regina University, Newport, Rhode Is- authorized to make a grant in the amount of common with Admiral Forrest an ex- land, including the purchase and renovation $1,000,000 in accordance with the provisions traordinary sense of dedication, the of facilities to house the Institute. of this section to the Foundation. ability to marshall people and re- (c) GRANT CONDITIONS.— SEC. 303. AUTHORIZATION OF APPROPRIATIONS. sources toward a common goal, and the There are authorized to be appropriated for (1) APPLICATION.—No payment may be made under this section except upon an ap- good judgement to know what course fiscal year 1997 such sums, not to exceed of action to take in a given situation. $3,000,000, as may be necessary to carry out plication at such time, in such manner, and this title. containing or accompanied by such informa- Very few of them however, can match tion as the Secretary may require. SEC. 304. EFFECTIVE DATE. Admiral Forrest’s record of consistent This title shall take effect on the date of (2) USE OF GRANT FUNDS.—Funds received outstanding public service spanning 56 enactment of this Act. under this section may be used for any of the years. For many of us on Capitol Hill, following purposes: TITLE IV—GEORGE BUSH SCHOOL OF Admiral Forrest was already an influ- (A) To increase the endowment of the GOVERNMENT AND PUBLIC SERVICE ential force and source of excellent ad- Foundation. SEC. 401. SHORT TITLE. (B) To conduct educational, archival, or vice when we arrived. Over the years I This Act may be cited as the ‘‘George Bush preservation activities of the Foundation. have greatly appreciated his knowledge School of Government and Public Service (d) AUTHORIZATION OF APPROPRIATIONS.— on defense matters and his wise coun- Act’’. There are authorized to be appropriated to sel. SEC. 402. GRANT AUTHORIZED. the Secretary $1,000,000, without fiscal year As Admiral Forrest prepares to retire In recognition of the public service of limitation, to carry out the provisions of as executive director of the Naval Re- President George Bush, the Secretary of this section. serve Association, a position that he Education is authorized to make a grant in (e) EFFECTIVE DATE.—This section shall has held for the past 22 years, he should accordance with the provisions of this Act to take effect on October 1, 1996. assist in the establishment of the George be proud that he has established a f Bush Fellowship Program, located at the bench mark for excellence for others in George Bush School of Government and Pub- AUTHORITY FOR COMMITTEES TO the Navy to follow. As you can see, his lic Service of the Texas A & M University. MEET accomplishments speak for themselves. SEC. 403. GRANT CONDITIONS. A native of Palms, CA, Admiral For- No payment may be made under this Act SUBCOMMITTEE ON AGRICULTURE, NUTRITION, rest enlisted in the Navy in 1940 and except upon an application at such time, in AND FORESTRY served on the battleships Tennessee and such manner, and containing or accompanied Mr. COVERDELL. Mr. President, I Wyoming and the fleet oiler Cuyama, by such information as the Secretary of Edu- ask unanimous consent that the Com- before earning an appointment to the cation may require. mittee on Agriculture, Nutrition, and Naval Academy in 1942. Following his SEC. 404. APPROPRIATIONS AUTHORIZED. Forestry be allowed to meet during the commissioning in June 1945, he com- There are authorized to be appropriated session of the Senate on Thursday, Oc- such sums, not to exceed $3,000,000, as may be manded three auxiliary motor mine- necessary to carry out the provisions of this tober 3, 1996, at 9 a.m. to consider the sweepers before transferring to the Act. nomination of Ann Jorgenson, of Iowa, Supply Corps in l948. Admiral Forrest SEC. 405. EFFECTIVE DATE. to be a member of the Farm Credit Ad- was selected for flag rank in 1971 and This Act shall take effect on October 1, ministration, for the term expiring served for 3 years as the Auditor Gen- 1996. May 21, 2002. eral of the Navy. His academic achieve- The PRESIDING OFFICER. Without ments include obtaining an MBA from FORD AMENDMENT NO. 5437 objection, it is so ordered. Stanford University and graduating Mr. LOTT (for Mr. FORD) proposed an SELECT COMMITTEE ON INTELLIGENCE from the Navy Postgraduate School amendment to the bill, H.R. 4036, Mr. COVERDELL. Mr. President, I and the Industrial College of the supra; as follows: ask unanimous consent that the Select Armed Forces. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12325 Upon his retirement from active duty knowledge of the legislative process to accomplish since enactment of the in 1975, Admiral Forrest accepted the and a nearly unmatched institutional Violent Crime Control and Law En- many challenges associated with the memory. forcement Act of 1994 to provide small position of executive director of the Members in both Houses and on both States with $400,000 a year in Federal Naval Reserve Association, where he sides of the aisle know they can turn to funding for family violence prevention made many important contributions to Proctor for advice and assistance with programs. It is appropriate that in Oc- the Naval Reserve, the Navy, and our absolute confidence that their requests tober, which is National Domestic Vio- national defense. Most importantly, will be treated fairly and respectfully. lence Awareness Month, we finally con- through his personal interaction with They also know that he gets results. clude this amendment. national leaders, Admiral Forrest Proctor’s broad and detailed knowledge Domestic violence remains the lead- brought about an increase in mutual of his appropriation areas helps ac- ing cause of violent death in Vermont. trust and improved coordination be- count for his uncanny ability to find Over 50 percent of homicides in the tween the Reserve and Active compo- the means, even when none appears State last year reportedly arose from nents of the Navy. He also increased available, to achieve the legislative domestic violence situations—and this the readiness of the Naval Reserve. In goals that we set. is down from the percentages in prior addition, long before we had promoted While such knowledge gives Proctor years. Also contained in the omnibus quality of life issues, Admiral Forest authority, he would never think of appropriations bill is legislation mak- was one of the most active proponents abusing the great powers we entrust to ing conviction of a crime of domestic of adequate pay and benefits for Active him. He is a man who loves and cher- violence a disqualification from gun and Reserve military personnel and ishes the institutions of Government ownership. Too many women and chil- their dependents. If there was a need, and who is guided by the fine Georgia dren are threatened by domestic vio- he identified it and worked to fill the code of honor he learned from his early lence and too many become victims of void. If there was a problem, he recog- mentor, the late Senator Richard Rus- that violence. nized it early, proposed the solutions, sell, the giant whom Proctor served I commend the Vermont Network and worked toward resolution. In early in his Senate career. Against Domestic Violence and Sexual short, if I had only one word to sum up If anything, Proctor is self-deprecat- Assault, the Vermont Center for Crime his actions over the past 56 years, it ing and deferential to a fault: as he is Victims Services, and all of the local would be leadership. As a nation, we fond of saying, ‘‘I just work here, I community organizations that work so owe Adm. Jim Forrest a great deal for don’t vote. And I love my job.’’ He has hard and provide such essential serv- his contribution. I know I speak for the indeed loved his job and has performed ices to those at risk of domestic and entire U.S. Senate when I say thank his duties in a way that has made a family violence. I note that Vermont you, Admiral, for a job ‘‘extremely well profound difference in those areas cov- established its own statewide domestic done!’’ To my friend, Jim Forrest, who ered under our Energy and Water De- violence hotline and sexual abuse hot- is truly a great American, ‘‘Fair winds velopment Appropriations Subcommit- line almost a year before the national and following seas! ’’∑ tee. He has always understood that we hotline was finally created this spring. f have a serious obligation to protect I expect that Vermont will also lead and improve the country’s physical in- the country in terms of developing TRIBUTE TO PROCTOR JONES frastructure and to support and nur- services and programs to confront the ∑ Mr. JOHNSTON. Mr. President, it ture the Nation’s scientific brain trust problems of rural domestic violence. was my great fortune to be assigned to at the national laboratories and We were also able to increase funding the Committee on Appropriations rel- throughout the Federal Government. for the Violence Against Women Act atively early in my first term in the Uninformed critics have sometimes de- programming to $197.5 million this Senate. It is through that Committee rided those vital responsibilities as year. Because of Vermont’s outstand- that I have been able to serve my State pork or misplaced priorities, but I ing advocates and programs, ours was in a way that I believe has contributed firmly believe that Proctor’s vision and the first State to receive a VAWA measurably to an improvement in the dedication have contributed mightily grant 2 years ago and I am confident economic quality of life for the people to the security and strength of this that Vermont will remain on the lead- of Louisiana. country. ing edge in these important programs. As I began my second full term in the Proctor has also become my valued This year Vermont received over Senate, I had the added good fortune of personal friend, owing in large measure $700,000 for VAWA programming. taking over the reins of the Appropria- to his infectious enthusiasm for every- We have also been able to protect the tions Subcommittee on Public Works, thing in life from opera, to travel, to Juvenile Justice and Delinquency Pre- as it was known at the time, from a sports, to hiking and joyous gatherings vention Act programs that sends im- wonderful man who taught me so much of friends and family. As I conclude my portant funding to Vermont and other about the Senate, the late and beloved service in the Senate, I want Proctor States to assist in efforts to prevent Senator John Stennis of Mississippi. and his family to know that I speak for crime and delinquency. I want to When I fell heir to that chairmanship, my colleagues, past and present, in thank, in particular, Ken Schatz and I also inherited the services of the saying thanks for a job done well and the Vermont Children and Family longtime staff director of the sub- as no one else could have done it.∑ Council for Prevention Programs and committee, Proctor Jones. It is of f Shirley Martin, Vermont’s JJDP Spe- Proctor and his service to the Senate cialist, for their help in working to and his country that I wish to speak APPROPRIATIONS IMPORTANT TO protect and preserve the Juvenile Jus- today. DOMESTIC VIOLENCE, SEXUAL tice Program and avoid the loss of as Every now and then in this body, ABUSE much as $187,500 from the nearly someone of the thousands of loyal staff ∑ Mr. LEAHY. Mr. President, there are $800,000 that Vermont receives annu- who toil for us and our constituents a few matters contained within the om- ally. Vermont could not afford the loss achieves an elevated status among Sen- nibus appropriations bill that I would of such Federal assistance. In the om- ators and staff colleagues. I think few like to highlight. In the overall context nibus appropriations bill, we were able would deny that Proctor has long since of a multibillion dollar bill, these may to include $170 million for national ju- reached that plateau. not be significant to some, but they are venile justice programming this year, Proctor Jones came to this body in to me and to the people of Vermont. which is a significant increase from 1960, and, aside from 4 years of service First, I note that we have been able last year. as a proud Marine, he has served here to include an amendment to the Fam- Finally, we were able to include in continuously since that time. He has ily Violence Prevention and Services the appropriations bill is a much need- seen and participated in more of the Act that doubles the amount that Ver- ed adjustment to the Victims of Crime sweep of politics and public policy than mont and other small States will re- Act to extend for an additional year most of us can imagine, and along the ceive annually. This change completes the time in which the State and victim way he has amassed an unrivaled the increase that we have been trying assistance grantees may retain and use S12326 CONGRESSIONAL RECORD — SENATE October 3, 1996 grants from the Federal Crime Victims Mr. President, although the Shirley service provided by the Medicare pro- Fund. This is important in years in L. Miller Pavilion at the Cleveland gram itself to enrollees. The commit- which collections of fines and penalties Clinic in Broward County will serve to tee has identified how those with Alz- at the Federal level are exceptionally memorialize her name, the lifetime of heimer’s disease and other chronic con- large, as they were this past year. unlimited caring Shirley L. Miller pro- ditions of aging often fall through the Through this amendment we are trying vided to thousands of children and cracks of our health care system, and to ensure that State grants from the their families will be our greatest how we should rethink our programs to crime victims fund can be used wisely monument to this extraordinary provide more integrated care. over a more extended period of time. woman.∑ The committee has placed strong em- This amendment will augment the in- f phasis on the long-term care needs of crease in the minimum victim assist- our Nation’s elderly and disabled, rec- ance grant to small States from TRIBUTE TO THE STAFF OF THE ommending ways to protect the rights $200,000 to $500,000 per year that I was SENATE SPECIAL COMMITTEE of nursing home residents and offering able to include in the Justice for Vic- ON AGING proposals on how to help families pre- tims of Terrorism Act, which passed ∑ Mr. COHEN. Mr. President, as the pare for the crushing financial burden earlier this year.∑ 104th Congress and my own tenure in of long-term care. f the Senate draw to a close, I want to The committee has held hearings on take this opportunity to thank and pay the mental health needs of older Amer- DEDICATION OF SHIRLEY L. tribute to my staff on the Senate Spe- icans and heard riveting testimony on MILLER PAVILION cial Committee on Aging for their fine the once taboo subject of suicide ∑ Mr. GRAHAM. Mr. President, on Oc- work, dedicated service, and exemplary among the elderly. Our hearings have tober 5, 1996, the Children’s Cancer Car- commitment to the needs of our Na- cast a bright spotlight on the high pre- ing Center will dedicate the Shirley L. tion’s elderly. scription drug costs facing older Amer- Miller Pavilion at the prestigious I have had the privilege of serving as icans and how, tragically, some older Cleveland Clinic of Broward County, a member of the Aging Committee Americans face the Hobson’s choice of FL. The pavilion will house facilities since first coming to the Senate, after whether to buy food or medicine, be- used by the Clinic to treat its hundreds having served on the House Aging Com- cause they simply cannot afford both. of young outpatients. Mr. President, it mittee for many years. In 1991, I as- As has been the long tradition of the is fitting that this pavilion memorial- sumed the position of ranking Repub- Aging Committee, we have exercised ize the good name and extraordinary lican member on the Senate Special an active investigative agenda, focus- life of Shirley L. Miller of Miami, FL Committee on Aging, after the sudden ing on how senior citizens are often who passed away on September 24, 1996. and tragic death of John Heinz, our be- prime targets of scams and con artists. Shirley L. Miller, along with her loved friend and colleague from Penn- Our investigations have revealed how close friends, Lee Klein and Erma sylvania. He left us long before his con- some health care providers manipulate Podvin, have been deeply involved in tributions were fully credited and be- the system to siphon off as much as providing medical care to children with fore his mission could be completed. It $100 billion a year from our health care cancer for 35 years. The Children’s Can- was daunting indeed to follow in the system. We have heard sobering testi- cer Caring Center, of which Shirley was footsteps of John Heinz, who was leg- mony from perpetrators on how easy it a cofounder and vice president, pro- endary in his advocacy on behalf of our is to rip off the health care system and vides totally free cancer treatment for Nation’s senior citizens. the taxpayers. Major reforms have been hundreds of children from Florida and In 1995, I succeeded another giant in now signed into law to crack down elsewhere. In addition to medical the field of aging issues, Senator DAVID against these abuse, in large part due treatment, the caring center provides PRYOR, as chairman of the committee. to the investigations and recommenda- ancillary services—counseling, special Senator PRYOR has been an indefati- tions from the Aging Committee. events, and an overnight summer gable leader on issues affecting the We have investigated telemarketer camp—to afflicted children and their quality of life for our seniors and pro- who offer prize giveaway, contests, in- families. Beyond donating thousands of tecting them from all forms of exploi- vestment schemes and other promises volunteer hours, Shirley and her col- tation. DAVID has decided to retire of gold to trusting senior citizens. leagues have raised tens of millions of from the Senate, but the high standard Tragically, these scams have resulted dollars to support their efforts over the of excellence that he set throughout in many seniors losing thousands of years. his years as a Congressman, Governor, dollars, and often their entire retire- Mr. President, Shirley L. Miller rep- and Senator will be remembered with ment savings. resents what is great in America. Her great fondness and gratitude by those The committee has devoted much at- dear friend and president of the caring who have been honored to serve with tention to the unfettered growth of the center, Lee Klein, called her ‘‘a beau- him, and by those who were so honor- Social Security disability program and tiful gift to the thousands of children ably served by him. how this program suffers from manage- who confronted this disease and whose Mr. President, I am proud that in ment deficiencies, fraud and abuse, and lives she touched.’’ Shirley L. Miller these last 5 years the Aging Committee far too little oversight. We have pro- was a great credit to her community has had a strong record of achieve- voked important public debate on prob- and her family, including her husband ment, thanks in large part to my high- lems in our Federal disability proof 46 years, Irving, and her brother, ly dedicated and talented committee grams and have stressed the need to Samuel Levine, and sister, Gloria staff. The committee has brought start facing head on the problems Berger. Her children, Roger Miller, many problems now facing our Na- posed by the future insolvency of the Sherri Gersten, Miki Goldstein, Renee tion’s elderly to the attention of the Social Security and Medicare trust Simmons, and Cary Caster, and her 13 Congress, policy makers, and the pub- funds. grandchildren, have much to be proud lic. It has provoked public debate and While this is but a taste of the entire of. She received numerous awards in has proposed solutions on how our Gov- record of the Aging Committee’s ac- recognition of her civic activities on ernment programs can better serve the tivities over the past 5 years, it gives a behalf of Mount Sinai Medical Center, elderly and disabled. flavor of how this committee has alert- Hebrew Academy, the Greater Miami For example, the committee has ex- ed the Congress and the public to the Jewish Federation, the Girl Scouts of amined a host of issues relating to needs of our aging population. America, the National Council of Jew- Medicare and Medicaid. It has exam- I want to pay special tribute to my ish Women, Temple Beth Shalom of ined how managed care trends will af- staff on the Aging Committee who have Miami Beach, and the Youth Orchestra fect the elderly and disabled popu- played a major role in each of these of Florida. Her son, Roger, explained lations, and how some Medicare HMO’s committee efforts. ‘‘She was a woman who spent so many have given poor quality and service to Since 1991, my Aging Committee staff waking hours helping others less fortu- Medicare enrollees. We have reviewed has been under the able direction of nate than she.’’ the Medicare hotline and the level of Mary Gerwin, who has been the driving October 3, 1996 CONGRESSIONAL RECORD — SENATE S12327 force behind the issues we have re- No longer could a State—except in There is a role for the Federal Govern- viewed and who has shaped many of the rare instances—prohibit waste shipment in helping stabilize riverbeds and legislative proposals we made as a re- ments from out-of-State or impose fees hillsides, reducing environmental dam- sult of our investigative and oversight on waste disposal that discriminate on age, putting businesses back on solid efforts. the basis of origin, nor direct where footing and firefighting efforts. This I also want to recognize the fine privately collected waste had to be dis- bill accomplishes that. work and dedication of deputy staff di- posed. As a result of this decision—and The USDA’s Natural Resources Con- rector Priscilla Hobson Hanley; chief those of other courts—many local gov- servation Service watershed and flood investigator Helen Albert; professional ernments teeter on the brink of bank- prevention operations receive a $63 staff member Victoria Blatter; profes- ruptcy. Without the ability to guaran- million increase in this bill, $5 million sional staff member Liz Liess; committee a volume of waste flow to their will go to help the Boise area recover tee chief clerk Sally Ehrenfried; sys- waste facilities, local governments are from the devastating 8th Street fire in tems administrator Beth Watson; re- less able to finance the facility, as well the Boise foothills. Without immediate search assistants Lance Wain and as to plan for future development. attention to the fragile hillsides, this Lindsey Ledwin; staff assistants Recent Congresses, in addition to winter’s rains and next spring’s Karina Lynch, Wendy Moltrup; and this one, have attempted to address the snowmelt could send tons of water and Myrna Webb; and GPO printer Joyce flow control problem. Legislation has mud into homes and businesses all Ward. I extend my gratitude to these been introduced to give States the au- along the Boise front. and all of the many committee staff, thority to restrict the amount of solid Additionally, the Bureau of Land both past and present, who have con- waste imported from other States. Management’s firefighting account will tributed greatly to the mission of the However, the Senate and House have get a $17 million increase over last committee. yet to agree on a solution. Due to Con- year. Wildfires are claiming more and I also want to recognize the fine gress’ inability to address flow control, more Western land, and the BLM’s re- work of Kathryn Gest, my press sec- many local governments are con- sources are stretched to the limit. retary and Mike Townsend, committee templating—or have already under- The Forest Service, which manages press secretary, for their excellent taken—drastic actions such as laying more than 20 million acres in Idaho, work in promoting the work of the off employees and raising taxes. In ad- gets a $144.5 million increase in fire- Aging Committee. dition, some local governments have fighting funding, $17.7 million for man- Mr. President, the Aging Committee had their bonds downgraded. Alarm- agement of the National Forest Sys- is perhaps unique among congressional ingly, it seems that if the flow control tem, almost $2 million for forest and committee due to its strong bipartisan problem is not addressed soon, the fi- rangeland research and nearly $19 mil- cooperation. I want to congratulate nancial problems of many communities lion in State and private cooperative and thank Senator PRYOR’s dedicated in my State of Minnesota and else- programs. staff on the committee for their many The Federal Government owns two- years of service to both the Senate and where will only worsen. I have wholeheartedly supported flow thirds of the land in Idaho, so I’m our senior citizens. pleased these needed increases will As I retire from the Senate, my staff control legislation in the past. While help develop and maintain solid man- will disperse to seek new opportunities many in Congress continue to oppose agement and cooperation with private and to make their contributions to the such legislation, I will not rest. In the and State landowners. Nation in other ways. I wish them well 105th Congress, I will continue to advo- Preservation of our natural resources and am deeply indebted to them for cate flow control legislation to help and treasured environment is impor- their service. The Senate Special Com- communities in our country better tant to me and to Idaho. I’m pleased to mittee on Aging serves a very special manage their solid waste.∑ see the U.S. Fish and Wildlife Service purpose for the Congress and the Na- f will get a $6 million dollar increase for tion—and my staff on that committee THE OMNIBUS APPROPRIATIONS the cooperative Endangered Species has been very special indeed.∑ BILL Conservation Fund. This grant pro- f ∑ Mr. KEMPTHORNE. Mr. President, I gram to the States will allow for coop- FLOW CONTROL LEGISLATION wish to talk about the omnibus appro- erative agreements to save species and ∑ Mr. WELLSTONE. Mr. President, the priations bill adopted by the Senate habitat. As I work on a revised Endan- U.S. Congress has failed this year to re- this week and signed into law by the gered Species Act, I want to encourage solve a serious solid waste problem, President. cooperation of States and private land that of flow control. Many solid waste Passage and enactment before the owners to enter into these types of ar- management issues have been rightly end of the fiscal year was important to rangements. States and local govern- addressed by State and local govern- keep the Government in business and ments will play a greater role in spe- ments. State and local governments meeting the needs of American citi- cies protection and recovery in the fu- have decided how solid waste will be zens. ture. managed, preferring landfilling, incin- The bill is significant in that it con- Native Americans in Idaho and eration, recycling, composting, waste tinues the Republican Congress’ move across the country will see increases in reduction, or a combination thereof. to balance the Federal budget by the the Bureau of Indian Affairs and the Similarly, they have also provided the year 2002. It would have been easier had Indian Health Service. These increases needed funding for their solid waste the President and his party not been are important so we don’t neglect our programs. more interested in obstruction over co- obligations to tribes and their resi- However, while State and local gov- operation. Still, this Congress has cut dents. ernments have played the key role, the around 300 unneeded Federal programs Besides what this bill does, it is im- Federal Government has also been in- and saved $53 billion in discretionary portant for what it does not do. There volved in the management of solid spending. are no increases in grazing fees for waste. Through regulatory actions and We provide for a higher level of de- ranchers in the West. Other amend- federal court rulings, the Federal Gov- fense funding than the President re- ments which limit Native American ernment has dramatically influenced quested. We also approved strong anti- sovereignty were also dropped. how State and local governments have crime and antidrug packages, aggres- Mr. President, I am proud that this approached their solid waste problems. sive antiterrorism programs and strin- Congress passed, and the President For example, when the Supreme Court gent antiillegal immigration measures. signed, the Safe Drinking Water Act. recently held that State and local gov- The bill increases funding to our States The bill is the only major environ- ernments could no longer designate and communities hard hit by natural mental legislation of the 104th Con- where privately collected waste could disasters. gress, and represents the way environ- be disposed of, some States and local- My State of Idaho is one where resi- mental laws should work. It protects ities—including many in my State of dents and businesses had to cope with public health and safety while giving Minnesota—were adversely affected. rains, floods, and wildfires this year. States and communities the flexibility S12328 CONGRESSIONAL RECORD — SENATE October 3, 1996 to manage water systems to meet their dollars more than Congress originally infancy. It was anything goes as John local needs. It is truly the best way to proposed, it does continue to bring fis- and his colleagues experimented with ensure safe and affordable drinking cal responsibility to the Federal budg- and defined this new medium. The water to every American. et, and continues the pledge this Re- weekly prop budget of $1.50 did not buy This omnibus appropriations bill in- publican Congress made to Americans much in those early years, but the kids cludes an additional $40 million for the to balance the budget. It is important who flocked to their television sets to new Safe Drinking Water Act. $10 mil- to note these spending increases are start their days with a dose of Cappy or lion will be dedicated to important paid for with other provisions in this Clancy did not care: they had found a health research on contaminants that bill. place where they were always welcome. are present in drinking water and that Therefore, Mr. President, I can only Besides his children’s programming, pose real threats to humans, like the hope that in the next Congress, we can John hosted a nondenominational reli- microbe cryptosporidium that killed not only trim discretionary spending, gious talk show entitled ‘‘Sunday over 100 people in Milwaukee in 1993. but we can pass laws that will attack Morning With John Gallos’’ which ran With better science and a better under- runaway mandatory spending. It is pos- on WCCO for 31 years. The show was standing of contaminants in our drink- sible, if we have a President and a Con- honored in 1995 with a Wilbur Award ing water, the Environmental Protec- gress that will work together.∑ from the Religious Public Relations tion Agency and our States will be able f Council for its excellence in commu- to target their limited resources on the nicating religious and ethical issues. most serious water problems. CITY OF HOLLAND John rightly counts ‘‘Sunday Morning’’ Earlier I mentioned how this bill ∑ Mr. LEVIN. Mr. President, I rise as one of his proudest achievements. strengthens our national defense. today to honor the city of Holland, MI. When I think of John, another of his While I do not agree with all that is in In June 1996, the National Civic League Sunday projects comes to mind: a this omnibus package, especially the selected Holland as 1 of 10 All-America weekly salute to Laurel and Hardy funding for foreign aid, I have to ap- Cities that best displayed their ability that introduced the comic legends to a plaud stronger national defense. to recognize and respond to problems new generation. This bill provides an additional $9 in the community. There is one story John often tells million to slow the pace of the Clinton Holland was singled out for several of because to him, it demonstrates the defense cuts. I believe this administra- its successful community programs. positive impact local television can tion has cut too far, too fast. At a time These include: the Maple Avenue have on a community. For the rest of when we’re asking men and women in Church recreation facility, which pro- us, it exemplifies the positive impact uniform to do more, we shouldn’t be vides supervised youth programs which John Gallos himself has had on the providing less. As our Armed Forces reduce gang violence; Van Raalte Ele- lives of Minnesota families. It hap- take part in so-called peace-keeping mentary School’s program of offering pened just before Valentines Day operations around the world, we should tutoring, drug prevention training, around 1959. John, as Commodore be supporting them, not cutting them. recreation, and family help; and the Cappy, was talking on the air with Viv- As chairman of the Armed Services Our-street program, which helps home- ian Vulture, one of his puppets. ‘‘I sup- Personnel Subcommittee, I’m pleased owners, landlords, and tenants. These pose you’ll get a lot of Valentines this our military forces will be getting a 3 programs work to bring down racial year,’’ he told her. ‘‘No, Commodore, I percent pay raise. I wish it could be and ethnic barriers that have divided never get any Valentines,’’ answered more, but at least we’re taking care of Vivian, and she started to cry. The people and foster a strong sense of the troops and their families. Commodore wiped a tear from his own community. Idaho plays a key role in research eye and said, ‘‘Perhaps the children When announcing this year’s win- and development to keep our national will think of you this year.’’ ners, John W. Gardner, chairman of the defense the best and strongest in the Mr. President, over the next few world. I am proud of the dedicated sci- National Civic League said, ‘‘These ten days, more than 10,000 Valentine cards entists, engineers, and workers in communities have one thing in com- poured into the WCCO studios ad- Idaho who fill important roles to make mon: A belief in the power of grass- dressed to that little puppet. sure when our troops are called into ac- roots problem solving.’’ I can think of In recent years, the voices of most of tion, they have the best and most ad- no better description of the city of Hol- the pioneering talents in Twin Cities vanced equipment and technology. The land. The residents of Holland have television have grown quiet, as they work at laboratories from Idaho Falls taken it upon themselves to reach out trade their shifts in front of the cam- to Sandpoint saves lives. to their neighbors and work to improve eras and microphones for retirement. The Department of Defense appro- their community. And now, after nearly a half century priations bill in this omnibus package I know my Senate colleagues join me spent inside the radio and television funds projects which help diversify the in congratulating the city of Holland studios of WCCO, John Gallos is retir- missions at the Idaho National Engi- on this distinction.∑ ing, too. My colleagues in the Senate neering Laboratory. It provides $3.5 f join with me in congratulating John million for an Air Force Battle Man- RETIREMENT OF JOHN GALLOS, for his lifetime of service to his com- agement System and $3 million for the TWIN CITIES TELEVISION PIONEER munity. We thank him for his generous chemical weapons demilitarization Mo- spirit, and wish him well in the years bile Munitions Assessment System. ∑ Mr. GRAMS. Mr. President, there to come.∑ These projects are designed to protect was a song actor Walter Brennan made f our forces in the field, where training popular in the early 1960’s in which he and equipment are expected to per- reminisces about an old farmhand he MONETA J. SLEET form. recalled from his childhood. ‘‘I can’t re- ∑ Mr. LEVIN. Mr. President, on Sep- Our Navy benefits from this bill as member when he ’tweren’t around,’’ tember 30, 1996, our Nation, and the well. This bill funds $40 million over went the lyrics. I rise today to pay world, lost one of its most gifted the President’s request for advanced tribute to an outstanding Minnesotan, documenters of history, photographer submarine technology development, one of our State’s pioneers in tele- Moneta J. Sleet. much of this work is done at the vision, of whom can truly be said, ‘‘We Moneta was the first African-Amer- Navy’s acoustic center at Lake Pend can’t remember when he ’tweren’t ican to win journalism’s most pres- Oreille in northern Idaho. Pend Oreille around.’’ tigious award. He won the Pulitzer is the deepest lake in the country, and An entire generation of Minnesotans Prize in 1969 for documenting the fu- provides an excellent laboratory and fondly remembers John Gallos as Com- neral of Dr. Martin Luther King, Jr. training ground for development of the modore Cappy and Clancy the Cop, the His photograph of Coretta Scott King quietest and hardest to detect sub- characters he created for a pair of holding her 5-year-old daughter at Dr. marines in any ocean. early-morning children’s programs at King’s funeral has come to symbolize Mr. President, while I don’t like the WCCO Television in Minneapolis. In the tragedy of this turbulent period in fact this bill is more than $6.5 billion the early 1950’s, television was in its our nation’s history. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12329 Moneta spent the majority of his ca- propriation bill due to opposition from who on Saturday, October 12, 1996 will reer chronicling our Nation’s civil the Finance Committee to the addition be consecrated to the office of bishop rights movement. We are grateful to of any Medicare or Medicaid provi- to the episcopacy of the Third Ecclesi- have had Moneta to record this impor- sions. While this Senator intends to astical Jurisdiction of Southwest tant part of our history. In 1956, he met pursue this initiative in the next Con- Michigan. Pastor Pryor is a member of a 28-year-old Martin Luther King, Jr., gress, it is truly disappointing that we the Church of God in Christ, Inc. The who at the time was a minister in At- were not allowed to enact this provi- ceremony will be conducted by Bishop lanta. Moneta fostered a close relation- sion this year. This may appear to be a Chandler D. Owens, chief apostle of the ship with King, and later would travel relatively minor, technical legislative 4 million member organization. with him to Sweden when he received issue, but it would have had a profound Marvin Pryor is pastor of the Vic- the 1964 Nobel Peace Prize. Moneta also impact on the ability of Medicare bene- torious Believers Ministries, where he accompanied Vice President Richard ficiaries in the State of Michigan to has served since 1984. Under Pastor M. Nixon to Africa in 1957 when that participate in this effective health care Pryor’s strong leadership, church mem- continent was on the verge of inde- plan. bership has grown from 30 to 700 parish- pendence. Mr. President, the other matter has ioners. Pastor Pryor has also been in- Moneta was born in Kentucky in 1926. to do with HealthSource Saginaw hos- fluential in the establishment and op- He attended Kentucky State and re- pital facility in Saginaw, MI. For the eration of the church’s After School ceived a master’s degree in journalism past 2 years, several of us in the Michi- Tutorial Program, Food and Clothing from New York University. Moneta gan delegation have been working dili- Assistance Program, and Prison Min- went on to work for the Amsterdam gently to provide a temporary exten- istry. News, Our World, Ebony, and Jet mag- sion of the moratorium that Congress Pastor Pryor is no stranger to public azines. Moneta Sleet died in New York had enacted and previously extended service. He worked for the Flint School City at the age of 70, leaving behind his that prohibits the Department of District for nearly 30 years before re- wife, three children, and three grand- Health and Human Services from con- tiring in 1992 to devote his full time to children. sidering HealthSource Saginaw to be the ministry. He served as an adminis- On September 30, we lost an Amer- an institution for mental diseases trator for 24 years and was Flint North- ican treasure. I know my Senate col- [IMD]. The most recent moratorium ern High School’s Principal for 16 leagues join me in honoring the life of expired on December 31, 1995. We were years. Marvin Pryor is a Michigan native Moneta J. Sleet.∑ able to get a moratorium extension in who has received advanced degrees f last year’s reconciliation bill. Obvi- from both the University of Michigan ously, the President’s veto of that bill THE WELLNESS PLAN OF DE- and Michigan State University. One of dashed our hopes of solving this prob- TROIT, MI, AND HEALTHSOURCE Marvin’s greatest joys in life is the lem through that mechanism. In the SAGINAW time he shares with his wife and four interim, however, the State of Michi- ∑ Mr. ABRAHAM. Mr. President, with children and their extended family. Of gan has been forced to subsidize the the 104th Congress coming to a close, the numerous awards he has received this Senator wanted to come to the losses incurred by HealthSource Sagi- for his community, civic, and religious floor and express his disappointment at naw since the expiration of the most involvement, he is most proud of being the failure of Congress to act on a cou- recent moratorium. Reportedly, this named Father of the Year by city of ple of extremely important issues af- has cost the State of Michigan $902,000 Flint Mayor Woodrow Stanley. fecting the State of Michigan. to date since January 1, 1996, it is esti- I know that my Senate colleagues One of the matters is a Medicare 50/ mated that amount will increase to $1.2 join me in honoring Marvin C. Pryor on 50 enrollment composition rule waiver million by the end of the year. a long life of faithful service to the for the Wellness Plan of Detroit, MI. The fiscal year 1997 Labor-HHS-Edu- community, and in congratulating him The Wellness Plan is a federally cer- cation appropriation bill passed by the on becoming a bishop in the Church of tified Medicaid health maintenance or- House of Representatives contained God in Christ, Inc.∑ ganization located in Detroit, MI. It legislative language providing an ex- f currently has 150,000 enrollees—141,000 tension of the moratorium through the of whom are Medicaid, 12,000 commer- year 2000 or until the first day of the TRIBUTE TO THE STAFF OF THE cial and 2,000 Medicare. Since 1993, the first quarter in which Michigan’s State SUBCOMMITTEE ON OVERSIGHT Wellness Plan has had a health care plan would become effective under the OF GOVERNMENT MANAGEMENT prepayment plan contract with Medi- new MediGrant program. It was our AND THE DISTRICT OF COLUM- care. However, technical changes en- hope that such language would be in- BIA acted by Congress effective January 1, cluded the omnibus appropriation bill ∑ Mr. COHEN. Mr. President, today I 1996, unintentionally prevent the or any continuing resolution that was rise to pay tribute to the staff of the Wellness Plan from enrolling addi- sent to the President. Once again, the Subcommittee on Oversight of Govern- tional Medicare beneficiaries under the Finance Committee’s opposition to any ment Management and the District of HCPP contract. So while the Wellness such Medicare or Medicaid provisions Columbia. Plan now is positioned to become a full prevented us from succeeding in enact- I have had the pleasure of serving ei- Medicare risk contractor, it currently ing this moratorium for HealthSource ther as the chairman or the ranking is precluded from doing so due to the Saginaw this year. That is very unfor- member during my entire tenure in the 50/50 Medicare/Medicaid enrollment tunate for the people of Saginaw, who Senate. The subcommittee has been re- composition rule. risk losing an important health care sponsible for a number of significant My colleague from Michigan, Senator facility in their area, and for the peo- legislative and oversight accomplish- LEVIN, and I introduced legislation re- ple of Michigan, who continue to have ments during the past 18 years and, cently to grant this waiver to the to subsidize this facility’s operation be- while it would take too long to de- Wellness Plan. It is important to note cause of the unwillingness of some in scribe each of these accomplishments, I that even the Health Care Financing Congress to address this matter prior want to mention just a few of them: Administration [HCFA] supports the to adjournment. The Competition in Contracting Act Wellness Plan receiving this plan-spe- As with the waiver for the Wellness [CICA] of 1984, major procurement re- cific 50/50 waiver. Because this legisla- Plan, this Senator intends to continue form which remarkably improved the tion is noncontroversial, only affects to press for the moratorium for way Government agencies acquire the State of Michigan, and is supported HealthSource Saginaw in the 105th goods and services. by the entire State delegation, it was Congress.∑ The independent counsel law, which our hope that we could either include f serves to ensure that wrongdoing at this measure in the omnibus appropria- the highest levels of Government will tion bill the Senate passed this week. MARVIN C. PRYOR be impartially investigated. Regrettably, we were unable to in- ∑ Mr. LEVIN. Mr. President, I rise The Clinical Laboratory Improve- clude this language in the omnibus ap- today to honor Pastor Marvin C. Pryor, ment Act of 1988, designed to improve S12330 CONGRESSIONAL RECORD — SENATE October 3, 1996 the regulation and accuracy of medical served on the subcommittee as fellows addressed the issue of illegal immigra- laboratory tests. and detailees—Don Mullinax, Ralph tion. I was hopeful that the House and More recently and under the leader- Dawn, Marty Grenn, Chris Condon, and Senate bills could be negotiated in a ship of Senator LEVIN, the Subcommit- Peter Wade. bipartisan fashion so that Congress tee was instrumental in the passage of These women and men made an in- could enact meaningful immigration the Lobbying Disclosure Act which re- valuable contribution to the sub- reform. During the conference, Demo- quires public registration of profes- committee’s work and to improving crats were excluded from the process. sional lobbyists. government. I deeply appreciate their The results, Mr. President, were pre- Just this year, the subcommittee was loyalty and dedication, and I wish all dictable. responsible for the enactment of the of these talented and hard working in- The Congress does not represent only Information Technology Management dividuals continued success and much one opinion. We must be willing and Reform Act. This landmark legislation happiness in their future endeavors.∑ able to compromise, to hear one an- will save taxpayers billions of dollars f other’s concerns, and find solutions by changing the way the federal gov- that will not harm our citizens and A MORE BALANCED IMMIGRATION ernment approaches, purchases and legal immigrants. Congress was on the BILL uses technology. verge of enacting legislation that As a result of two subcommittee ∑ Mr. AKAKA. Mr. President, as we would have created a second-class citi- hearings, the Federal Employee Travel move toward adjournment, I wish to zenship for legal immigrants. I am Reform Act of 1996 recently became comment on the recently passed illegal pleased that we were able to avert ac- law. This act represents the biggest immigration reform bill. I also wish to tion that would have unfairly treated change in Federal travel rules in 40 commend everyone who helped ham- those legally admitted to this country, years and will result in an estimated mer out the compromise that was in- threatened to close the door on refu- savings of $4 billion over the next five corporated into H.R. 4278, the Omnibus gees fleeing persecution, and denied years. Consolidated Appropriations bill. working Americans the right to be re- Not only has the subcommittee staff The resulting compromise properly united with their families.∑ achieved significant legislative accom- shifted the focus from penalizing those f plishments, but they have worked tire- legally admitted to this country to lessly to ensure that the subcommit- those who illegally cross our borders. REGARDING THE TRAUMA tee’s oversight function was performed The conference report, as passed by the REDUCTION INITIATIVE aggressively, credibly, and with the ut- House of Representatives last week, ∑ Mr. MACK. Mr. President, as we com- most integrity and care. Regardless of would have severely restricted benefit plete our business in the Senate today, the issue, the subcommittee has under- eligibility for legal permanent resi- I rise to note with interest the support taken its oversight role with vigor and dents and other lawfully admitted im- the Appropriations Committees in the tenacity. The subcommittee has per- migrants. Legal residents—people who House and Senate gave to the trauma formed oversight on issues ranging contribute to our society by working reduction initiative under the Edward from procurement to Government eth- hard, paying taxes, serving in our Na- Byrne Memorial State and Local Law ics and, more recently, from bank fail- tion’s Armed Forces, and observing all Enforcement Assistance Program of ures and federal construction to avia- laws to remain in the United States— the Bureau of Justice Assistance. tion safety. would have been ineligible for most On page H11848 of the September 28, The subcommittee has also published Federally funded public assistance 1996 CONGRESSIONAL RECORD, the Com- a number of investigative reports based on income. merce, Justice, State, the Judiciary which have had significant impact on The resulting compromise eliminates and Appropriation subcommittee mem- Government reform. These reports in- deeming provisions that would have re- bers of the House and Senate urge the clude ‘‘Federal Government Losing stricted the ability of legal immigrants Bureau of Justice Assistance to favor- Millions By Not Minding the Conces- to receive federal benefits during their ably consider funding the initiative. As sions Store’’ and ‘‘Computer Chaos: first 5 years in the United States. you may know, the trauma reduction Billions Wasted Buying Federal Com- Moreover, it dropped provisions man- project was developed by Cooper Hos- puter Systems’’. A soon to be released dating deportation or denial of natural- pital/University Medical of Camden, report on Federally Funded Research ized status to immigrants who accept NJ, and NOVA Southeastern Univer- and Development Centers [FFRDC] will Federal benefits during a 12-month pe- sity of Fort Lauderdale, FL, to respond lay the groundwork to significantly riod over 7 years. to and prevent violence and crime in improve the Federal role in promoting These are significant changes which our neighborhoods. What makes this scientific research. soften the newly enacted welfare re- initiative unique is the joining of Today, I wanted to pay tribute to the form bill that bars legal resident aliens therapeutic and alternative dispute staff who have worked tirelessly in re- from receiving a number of Federal resolution methods to train personnel cent years to continue the tradition of benefits. who intervene most often in violent or excellence always associated with the The House-passed conference agree- even chronic abuse situations. Subcommittee on Oversight of Govern- ment also called for establishing in- I look forward to working with my ment Management. Under the leader- come standards for the sponsorship by colleagues from New Jersey and the ship of staff director Kim Corthell and U.S. citizens of family members that Department of Justice to make this deputy staff director Paul Brubaker, were unrealistically high and would proposal a reality. Not only will it as- the staff continues to perform a re- have had a deleterious effect on family sist immediate victims of abuse and spected and recognized oversight and reunification—a long-standing goal of crime, but it will contribute to reduce legislative function on Capitol Hill. U.S. immigration policy. The con- the spiral of crime and violence which I want to express my gratitude and ference agreement numbers would have plagues our neighborhoods and burdens thanks to the current subcommittee kept sponsorship of immediate family our health care system.∑ staff—Kim Corthell, Paul Brubaker, members out of the reach of many f Paulina Collins, Bill Greenwalt, hard-working, tax-paying families. Frankie deVergie, and Andrea Gerber. Under the compromise, sponsors of im- URBAN WOES AND SOLUTIONS I also want to recognize and thank migrant relatives must now earn a Mr. MOYNIHAN. Mr. President, I other members of my staff who served minimum of 125 percent of the Federal would like to call the Senate’s atten- on the subcommittee in the past—Mary poverty level. This is a more realistic tion to an op-ed in the New York Daily Gerwin, Priscilla Hanley, Andy standard that will assist low-income News by Professor Mitchell Moss. Pro- Antrobus, Jennifer Goldthwait, Kelly wage earners in reuniting with their fessor Moss, director of the Taub Urban Metcalf Meese, Julie Denison, and Mat- family members. Research Center of New York Univer- thew Frost. I voted for the Senate immigration sity, has a long history of illuminating Finally, I want to mention and thank reform bill in May, not because I our Nation’s urban woes, and potential the individuals who have most recently thought it was perfect, but because it solutions. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12331 I ask that the article entitled ‘‘U.S. The federal government can help create of Police dealing with the creation of a Cities Need a Helping Hand’’ by Mitch- jobs while improving urban infrastructures national clearinghouse for information ell Moss be printed in the RECORD. by fostering public and private investment in on police performance and the police The article follows: mass transit, intelligent highways and wa- officer bill of rights. terfront development. U.S. CITIES NEED A HELPING HAND The federal government cannot cure the I would like to thank them for shar- (By Mitchell Moss) problems of cities, but voters must not let ing these resolutions with me. Like suburbanites who commute to high- the presidential candidates run away from The resolutions follow: income jobs in downtown offices, Bill Clin- the cities, either.∑ RESOLUTION FOR THE SUPPORT OF NATIONAL ton and Bob Dole treat cities as places to f OFFICER CLEARINGHOUSE LEGISLATION raise money, not as centers of commerce and Whereas the vast majority of police offi- culture with physical and human needs. VOLUNTEER AMATEUR RADIO cers serve and protect their communities The same is true across the political spec- OPERATORS professionally and successfully with trum. Both parties used cities to stage their ∑ Mr. COHEN. Mr. President, I rise diligences, courage and integrity; and conventions—but failed to acknowledge the today to pay tribute to volunteer ama- Whereas it is essential that the public economic and social importance of cities in teur radio operators who provide an es- maintain confidence in the professionalism and integrity of its police officers, and the their party platforms. Neither party has a sential emergency communications set of policies to deal with the impact of im- ability of police agencies to maintain those migrants, to help schools, to pump private service to government and private re- standards; and dollars into housing or to use the renewal of lief agencies during times of national Whereas only a small percentage of police the infrastructure as a way to create jobs. disasters. officers have acted in a manner that does not The Democrats’ only strategy for cities is After floods, hurricanes, earth- meet the public’s expectations or the profes- to create more empowerment zones. That’s quakes, fires, and tornados, amateur sion’s standards of ethics and conduct; and supply-side idea stolen from Jack Kemp’s radio, or ‘‘ham’’ operators as they are Whereas it is in the best interest of the playbook, but it is too unproven to warrant often called, provide emergency com- public and the policing profession to assure that such officers are denied further opportu- expansion into a national spending program. munications when other forms of com- And congressional Democrats still support nities to serve as police officers; and the entrenched interest groups that impede munications are down. They are often Whereas such officers who are terminated innovation at the community level. the only ones who can relay messages or who resign because of misconduct can As for the Republicans, it took Kemp, a from victims in disaster areas to loved often secure subsequent police service em- former housing secretary, to remind them ones in other locations. There are over ployment at other agencies, often by reason that cities are still part of the United States. 4,000 ham radio operators in Maine, of not fully disclosing the circumstances of a In fact, the GOP platform virtually ignores over 650,000 nationwide, and several previous termination or resignation; and cities while paying homage to the nation’s Whereas the ability of such officers to million internationally. move from one agency to another severely agricultural heritage and calling for tax To give you an example of the valu- policies to preserve the family farm. limits police agency’s ability to identify offi- The GOP would shift most domestic pro- able public service that ham radio op- cers that should not be working police serv- grams to the states, putting cities at the erators provide, I want to tell you ices; and mercy of suburban and rural-dominated leg- about a story that came to my atten- Whereas the ability of a prospective em- islatures that consistently shortchange tion last year. A couple honeymooning ploying agency to identify such officers urban schools and mass transit systems. on St. Maarten were lost during Hurri- could be enhanced through a national clear- And both parties have joined in passing cane Luis. The hurricane caused mas- inghouse of information by which prior po- anti-urban welfare reform legislation. The lice service employment is made known to sive destruction to the island, leveling prospective employing agencies; and targets of this law—poor people and legal im- neighborhoods, tearing apart hotels migrants—are disproportionately located in Whereas, at the urging of the International the nation’s major cities. Moreover, welfare and restaurants, and washing out Association of Chiefs of Police, the Florida reform, when combined with the bi-partisan roads. Thousands of tourists were Police Chief’s Association, and the Florida agreement to balance the budget without re- stranded without electricity, running Department of Law Enforcement, legislation ducing entitlements, will force Washington water, or telephone service. was introduced by Senator Bob Graham and to intensify its two-decade-old policy of George Foss, a ham radio operator Congressman Harry Johnson to create a Na- urban disinvestment. from Franconia, NH, worked with tional Officer Clearinghouse, but the legisla- Ironically, the federal government’s aban- tion was not enacted by the 103rd Congress: Linda Leeman and David Seaborn of Now, therefore, be it donment of cities is occurring at the precise my staff, and ham radio operators in moment when central-city office markets Resolved, That the Vermont Association of are rebounding, when business improvement Cuba, Panama, North Carolina, and Chiefs of Police calls for Vermont’s Congres- districts are cleaning up streets and side- Aruba to contact the U.S. Consulate on sional delegation to support S. 484—the walks and when church and community- the Dutch side of the island where one ‘‘Law Enforcement and Correctional Officers based corporations have mastered the art of of the diplomats was operating an ama- Registration Act of 1995’’ and companion developing low-cost housing. teur radio station on emergency power. House legislation co-sponsoring this legisla- There is even a new cadre of mayors trying At the time, there were only two cel- tion, and be it further to do what was once considered impossible: Resolved, That the Vermont Association of lular telephones in service for the en- Chiefs of Police, through its membership, ac- Govern big cities. Giuliani in New York, tire island. All other forms of commu- Riordan in Los Angeles, Daley in Chicago, tively participate in the clearinghouse once Rendell in Philadelphia and White in Cleve- nication had been destroyed by the it is established. land are taking on the challenge of reducing hurricane. The hard work of these ama- Passed this 31st day of May, 1996 in high taxes, holding down municipal labor teur radio operators made it possible to Vergennes, Vermont. costs, stimulating tourism and improving locate this couple and let their friends GARY WATSON, safety—all without the help of their gov- and family back home know they were President. ernors and legislatures. alright. RESOLUTION IN OPPOSITION OF POLICE So what can Washington do to help mayors Mr. President, I want to publicly OFFICERS’ BILL OF RIGHTS LEGISLATION and their cities? There are no quick fixes. thank George Foss and the millions of Whereas, the U.S. Congress is presently But there are priorities that warrant funds amateur radio operators worldwide considering legislation to establish a federal and attention: Police Officers’ Bill of Rights; and National immigration policy has caused who volunteer their time to aid in Whereas, if adopted, this legislation would overcrowding in big-city schools, especially these search and rescue efforts. We all require every local, county and state law en- in New York and Los Angeles. The cost of owe them our thanks and sincere grati- forcement agency to adopt a Law Enforce- educating the children immigrants should be tude.∑ ment Officers’ Bill of Rights, or lose substan- partially covered by the federal government f tial amounts of federal grants; and and not just local taxpayers. Whereas, the Vermont Association of Washington should build on its successful RESOLUTIONS OF THE VERMONT Chiefs of Police believes that due process use of tax incentives to attract private dol- ASSOCIATION OF CHIEFS OF PO- rights for all police officers subject to (1) in- lars to finance low-income housing and stim- LICE vestigation for violation of department rules ulate minority employment in the contract- and regulations; and (2) subsequent discipli- ing and construction trades. Federal policy ∑ Mr. LEAHY. Mr. President, I ask to nary action are well provided for in individ- makers also should recognize the importance have printed in the RECORD, copies of ual agency policy and procedure in compli- of religious-based organizations in housing two resolutions passed on May 31, 1996, ance with prevailing federal and state law and economic development. by the Vermont Association of Chiefs and court mandates; and S12332 CONGRESSIONAL RECORD — SENATE October 3, 1996 Whereas, this legislation violates the the- open-door policy and good judgment. chairman of the Finance Committee, ory of states’ rights established under the Staff members know that if they have the Senator from Delaware, requesting 10th Amendment to the U.S. Constitution, a problem or need advice, personal or committee consideration of the meas- through which the states retain the right to professional, all they have to do is ure. That letter, which I ask to be regulate those matters that the federal government had not regulated; and knock. With his easygoing, affable per- printed in the RECORD immediately fol- Whereas, specific provisions of the Police sonality, Mark is more than just a boss lowing my remarks, was signed by Sen- Officers’ Bill of Rights will deprive police ad- to my staff—he is a friend. Mark has ators KENNEDY, MOYNIHAN, D’AMATO, ministrators of vital and necessary powers to also become far more than just a staff DODD, LIEBERMAN and me. Mr. Presi- conduct both informal and internal inves- member to me and my wife, Karyn. He dent, in addition to the clear, biparti- tigations to resolve employee grievances, is a personal friend and we look for- san support for this technical amend- and to maintain a civil service system free of ward to staying in touch with his fam- ment, the Treasury Department has in- politics; Now therefore be it resolved that the Ver- ily during our frequent visits to Nash- dicated the Clinton administration has mont Association of Chiefs of Police hereby ville. no objection to this proposal. affirms its opposition to H.R. 2946, H.R. 2537 The one request that Mark made of me when he came to Capitol Hill was I look forward to working with my and all bills and amendments of a similar na- colleagues on this issue in the 105th ture that would establish a federal Police Of- that I not make him stay more than 2 ficers’ Bill of Rights. years. I am begrudgingly and with Congress. I yield the floor. Be it further resolved that a copy of this much hesitation keeping that promise, The letter follows: resolution be delivered to Vermont’s Con- and I wish Mark the very best of luck U.S. SENATE, gressional Delegation along with a request as he returns to his home in Nashville Washington, DC, December 12, 1995. that the resolution be entered into the Con- Hon. WILLIAM V. ROTH, JR., gressional Record. to resume his law practice. If Mark Chairman, Senate Finance Committee, Passed this 31st day of May, 1996 in takes nothing else back home with him Washington, DC. Vergennes, Vermont. after his 2-year ‘‘baptism by fire’’ here, GARY WATSON, he is at least taking a fifth family DEAR MR. CHAIRMAN: During upcoming ne- President.∑ member and his first son. John Alfred gotiations on the Balanced Budget Act of f Tipps was born on May 29 and may not 1995, we would ask that you support a tech- remember much of his stay here, but nical amendment to address potential unfair TRIBUTE TO J. MARK TIPPS tax consequences for the savings bank life can hopefully read this tribute and insurance (SBLI) organizations in New York, ∑ Mr. FRIST. Mr. President, I rise to know how much his Dad contributed to pay tribute today to a member of my Connecticut and Massachussets. SBLI is an this country. The whole Frist office industry unique to our three States. The pro- staff who has served me and the State will miss Mark, but we all send him off vision would clarify the tax treatment of the of Tennessee with dedication and excel- with our very fond memories, sincere state-mandated consolidation of mutual sav- lence for the past 2 years. When I came gratitude and best wishes.∑ ings bank’s life insurance departments. to the U.S. Senate, I had no previous f More specifically, the provision would clar- political experience. That meant that I ify how the Internal Revenue Code of 1986 had no staff waiting for their next as- SAVINGS BANK LIFE INSURANCE should treat certain additional policyholders signment, no idea how to set up an of- INDUSTRY dividends mandated by the Massachusetts fice, and no time to learn. Luckily, I ∑ Mr. KERRY. Mr. President, although State Legislature in 1990. As explained fur- did have Mark Tipps. I do not serve on the Finance Commit- ther in the attached paper, the legislation To my great benefit, Mark Tipps tee, I was pleased to work closely with consolidated the state’s savings banks’ life agreed to take a leave of absence from that committee during this Congress insurance departments into a new non-public stock company, while still providing for the his law partnership at Bass, Berry, and on a number of issues which have a spe- Sims in Nashville and bring his wife sale of its products through these state cial impact on the people of Massachu- banking institutions. Because of the IRS’ ex- Joi and two beautiful daughters, Annie setts. For example, in the Small Busi- pansive interpretation of current law, it is and Grace, to Washington to serve as ness Job Protection Act, we were able essential that Congress clarify that the 12- my Chief of Staff. to provide tax relief for fishing families year dividend payout associated with this I first came to know Mark when he in New Bedford, MA, as well as extend consolidation should be treated as a deduct- volunteered to help me clarify and ar- the research and development tax credible policyholder dividend rather than a non- ticulate my position on various issues it and employer-provided education tax deductible redemption of equiy. The IRS has during my campaign. Although he also deduction. In addition, in that legisla- indicated that if the tax clarification of this had no direct previous political experi- issue is not made this year, SBLI and its pol- tion, we raised the minimum wage by icyholders will be subjected to this tax in- ence, I was instantly impressed by his 90 cents an hour—the first installment equity which will be regrettably and unfairly ability to bring complicated state and of that raise just went into effect this passed on to the consumer. national issues into focus and his level- week, and the benefit is being felt by Only the Savings Bank Life Insurance headed, common-sense approach. families all across Massachusetts. Company of Massachusetts is immediately Throughout his tenure in Washington, Mr. President, while we can take affected by the IRS’ interpretation of the he has used these qualities to help me pride in this work, there were several Code. However, the sister industries in both put together and maintain a first-rate miscellaneous tax provisions that the New York and Connecticut may be adversely staff; keep a strong presence in Ten- committee, without making any judg- affected if the Tax Code is not properly clari- nessee, even when the Senate schedule ment about their merit, found unable fied because they may follow the consolida- keeps me in Washington; develop a suc- to give proper review or consideration. tion approach taken by Massachusetts. Reve- cessful, focused legislative agenda; and One of these technical amendments nue estimates by the Joint Committee on Taxation project that the cost of this clari- make the right decisions for Tennesse- would clarify the tax treatment of the fication to the Tax Code would not exceed ans on tough issues. State-mandated consolidation of sav- $25 million over the next five years, and the Most importantly, Mark has played a ings banks life insurance departments. Administration has testified that it does not major role for me and my entire staff Specifically, the amendment would ad- oppose providing legislative relief to SBLI. in making sure these past 2 years were dress the potential unfair consequences Mr. Chairman, for the aforementioned rea- not only challenging, but also enjoy- for the savings bank life insurance sons, we would appreciate your cooperation able. I remember the first trip I made [SBLI] industry which is unique to New in clarifying the Tax Code as it relates to to Washington with Mark after my York, Connecticut, and Massachusetts. this timely issue. election. We were late to a meeting be- While the Finance Committee did not Sincerely, cause we were wandering around the act on this issue in the current Con- ALFONSE M. D’AMATO, Capitol looking for the Russell Build- gress, it is my hope and expectation U.S. Senator. EDWARD M. KENNEDY, ing. We eventually found it, but it has that the Senate will be able to make CHRISTOPHER J. DODD, been the source of many jokes over the the necessary technical clarifications DANIEL PATRICK MOYNIHAN, past 2 years as we recount just how far in the law early next year. U.S. Senator. we’ve come. Mark is known among my I should point out that all six Sen- JOHN F. KERRY, staff and throughout the office for his ators from affected States wrote to the JOSEPH I. LIEBERMAN.∑ October 3, 1996 CONGRESSIONAL RECORD — SENATE S12333 PROFESSIONAL BOXING SAFETY This act will greatly assist dedicated munications issues for almost 20 years ACT State boxing commissioners as they with little forward progress. During ∑ Mr. MCCAIN. Mr. President, as the strive to responsibly regulate this in- the 104th, the chairman of the Senate Senate comes to the close of this ses- dustry. The Association of Boxing Commerce, Science, and Transpor- sion, I want to express a few words on Commissions strongly endorsed S. 187, tation Committee, Senator LARRY the passage of H.R. 4167, The Profes- and I received letters from boxing offi- PRESSLER, hammered out a balanced, sional Boxing Safety Act. I am ex- cials from all over the United States in bipartisan piece of legislation that ad- tremely pleased that the 104th Con- support of it. dressed the extremely technical and gress will be the first in 35 years—since This is not a Washington-based, bu- controversial issues raised in deregu- the days of the Kefauver Committee— reaucratic solution to the problems af- lating the broadcasting and commu- to reform professional boxing. The bill fecting boxing that are matters of pub- nications industries. When we all gath- has been sent to the President for his lic concern. I sought the views of State ered in the Library of Congress on Feb- consideration. officials from each commission in the ruary 8, 1996, to witness the signing of I thank my colleague, Senator country before drafting this legisla- this historic legislation into law, I BRYAN, who represents the premier tion. think pretty much all of us were proud boxing State in our country, for his It is a common sense, limited proof our collective accomplishment. We great help and counsel on this biparti- posal that puts the interest of the ath- hoped and expected that our efforts san legislation. In the House, Sub- letes above those of the promoters who would produce new services, new com- committee Chairman MIKE OXLEY, would otherwise cut corners on safety. petitive options, new jobs and invest- Chairman BLILEY of the Commerce The primary effect of the bill will be to ment, and a competitive marketplace. Committee, Rep. PAT WILLIAMS, and ensure that all boxing events are super- However, recently, I have been Rep. JOHN DINGELL all played vital vised by State officials. H.R. 4167 will watching the highly controversial ef- roles in getting this historic legislation ensure that a modest level of health forts of the FCC at it has worked to passed in that body. and safety measures are provided. implement this new law. And, as Yogi I have been an avid fan of profes- It will also assist State commis- Berra once said, it’s starting to look sional boxing all my life. I still go to sioners as they work with their col- like deja vu all over again. several fights each year. Boxing can be leagues in neighboring States to stop Congress hammered out a consensus a thrilling and honorable contest be- fraudulent or unsafe events. All medi- blueprint—one that was fair and bal- tween highly skilled athletes. At its cal suspensions placed on injured or de- anced, and one that all the various in- best, professional boxing for me and bilitated boxers must be respected dustries signed onto. That process took millions of other fans is the ‘‘sweet under this bill. a lot of work; in fact, the Senate-House science.’’ A significant provision added in the conference took over 4 months. How- But professional boxing in our coun- House will prevent conflicts of interest ever, I am concerned with the manner try is also a big money, often unregu- in the industry. State commissioners in which the FCC has gone about im- lated industry that has been aptly de- who serve the public interest in regu- plementing this bill. In fact, yester- scribed as the ‘‘red light district of lating professional boxing will be pro- day’s Wall Street Journal contained an sports.’’ I regret it has earned that dis- hibited from receiving compensation article which identified many of the tinction through decades of con- from the business side of the sport. problems arising from the FCC’s imple- troversy, scandals, and ethical abuses. That will help address the troublesome mentation of the Telecommunications Of primary importance for me has influence that the self-serving sanc- Act. I ask unanimous consent that a been the lack of proper health and safe- tioning bodies have gained over the copy of that article be printed in the ty measures for the unknown, journey- years. RECORD at the end of my statement. men boxers who sustain the sport. Importantly, I’d like to emphasize The PRESIDING OFFICER. Without They may never make more than a few what this bill does not do. It does not objection, it is so ordered. hundred dollars a night, and are sub- require appropriations; it does not cre- (See exhibit 1.) ject to physical and financial exploi- ate a Federal boxing bureaucracy or Mr. BURNS. Mr. President, I am con- tation from unscrupulous promoters. It entity of any kind. And it does not im- cerned that the FCC’s implementation is the only profession they know. pose costly mandates on State commis- of the Interconnection provision—the As soon as they are of no use to a sions. FCC’s order implementing this provi- promoter, they are discarded. Left with H.R. 4167, the Professional Boxing sion is 932 pages and contains some the debilitating effects that result Safety Act, properly leaves regulation 4,062 footnotes—has alienated virtually from years of punishment. No pension, of the sport to State officials. But it all of the State regulators, and it has no medical care, no assistance from will strengthen health and safety generated a massive appeal to the any league or association in the indus- standards on behalf of the athletes, and courts by the local exchange compa- try. require responsible oversight by these nies—this represents about three-quar- Other major sports have well-run pri- commissioners. ters of the entire industry. Thus, the vate associations that provide benefits I believe this legislation will make balanced, consensus approach that to their athletes, and address ethical professional boxing a safer and more Congress achieved has, apparently, abuses on behalf of the public. Boxing honorable sport. That’s a solid achieve- been set aside, and now, unfortunately, has none. ment for industry members, State offi- we are seeing these issues before the With no private organization in this cials, and the fans who long for it to be courts. industry, and uneven public oversight as great a sport as it can be.∑ Mr. President, this situation is not at the State level, it is appropriate for f good for anyone. Confusion, industry the Congress to act on behalf of the strife, and massive court filings don’t athletes whose health and safety is FCC’S IMPLEMENTATION OF THE facilitate the construction of the infor- often put at risk. TELECOMMUNICATIONS ACT OF mation superhighway. Because I be- In fact, five States have absolutely 1996 lieve that the U.S. competitiveness in no public oversight of professional box- ∑ Mr. BURNS. Mr. President, I’d like the global information economy will be ing. That can easily lead to dangerous to take a moment today to offer some dependent upon how quickly we up- or fraudulent situations. observations on the FCC’s recent at- grade our communications networks, it This bipartisan legislation, H.R. 4167, tempts to implement the important is absolutely essential that the FCC is closely based on the bill Senator Telecommunications Act that we not adopt implementation policies that BRYAN and I passed through the Senate passed during the 104th Congress. I ask frustrate the timely deployment of in- last October—S. 187. It is a modest but unanimous consent that my comments formation and communications infra- practical bill. It establishes a series of appear as if presented in morning busi- structure. I encourage the FCC to go health, safety, and ethical standards ness. back to the legislation that we passed for each professional boxing event in As we all know, prior to the 104th and to follow the roadmap that Con- the United States. Congress, we had been debating com- gress outlined. That roadmap calls for, S12334 CONGRESSIONAL RECORD — SENATE October 3, 1996 first, encouraging private sector nego- the requirement that most new television U.S. Attorney General William F. Barr, de- tiations, and, second, relying upon the sets contain a ‘‘V-chip’’ enabling parents to manded to know why the FCC believes that State commissions to arbitrate solu- lock out programs deemed inappropriate for it is better at making decisions ‘‘for 50 states children. But its true significance lay in re- tions to the problems that private par- than the state commissions are, who have moving barriers to competition in the tele- done this historically, who have all the data ties cannot work out. The FCC is re- communications industry, and devolving re- that are relevant to the state before them.’’ sponsible for overseeing this process sponsibility for remaining regulation to the A MOCKERY but should not try to take over the states. While its language is often technical, process by rehashing all the issues that you need not be a telecom junkie to under- But whether or not the FCC is wiser than the states, but regardless of who is right Congress resolved in the enactment of stand the letter of the law or the record of floor debates in Congress. about the economics of the case, the FCC bu- this act. It needs to implement Con- For example, Sections 251 and 252 of the reaucrats’ order mocks key provisions of a gress’ blueprint in a balanced, consen- law promote competition in local telephone democratically enacted law. The FCC’s ac- sus fashion, so that the communica- markets, expressly giving state commissions tion is at odds not only with the textbook tions industry can begin the important authority to decide, via a strictly localized, understanding of ‘‘how a bill becomes law,’’ job of bringing new services, new op- case-specific process, what constitutes ‘‘just but the first principles of limited govern- tions, and new technologies to the and reasonable’’ rates. It affords the FCC no ment and American constitutionalism. American public. role whatsoever in setting local exchange The FCC’s action should serve to remind us prices: ‘‘Nothing in this chapter shall be con- that the devolution and deregulation of fed- Thank you, Mr. President. I yield the strued to apply or to give the Commission eral authority are always in the administra- floor. jurisdiction with respect to . . . charges, tive details. On telecommunications, wel- EXHIBIT 1 classifications, practices, facilities, or regu- fare, and almost every other major issue, big [From the Wall Street Journal, Oct. 2, 1996] lations for or in connection with intrastate government is the administrative state in communication service.’’ HOW BUREAUCRATS REWRITE LAWS which judges and unelected officials, and not The law’s devolutionary language and de- (By John J. DiIulio Jr.) the elected representatives who debate and regulatory intent was so clear that groups enact the laws, govern us all.∑ As the historic 104th Congress draws to a such as the National Council of Governors’ f close, scholars have already begun to debate Advisors quickly produced reports advising its legislative record. Some stress that the key state and local decision makers to pre- 1984 SINO-BRITISH JOINT RESOLU- first Republican Congress in four decades en- pare for ‘‘telewars in the states.’’ Soon, one TION ON THE QUESTION OF acted fewer major laws than any Congress NCGA report on the law explained, ‘‘gov- HONG KONG since the end of World War II. Others respond ernors’ offices, state legislatures and state that it was only natural that a new conserv- public utility commissioners will be drawn ∑ Mr. MACK. Mr. President, only 270 ative Congress committed to restraining the into state debates on how to ensure a ‘level days of freedom remain for the people post-New Deal rise of national government playing field for competition’ among those of Hong Kong unless the principles of activism would pass fewer big-government firms seeking to provide local and intrastate the 1984 Sino-British Joint Declaration telephone service.’’ The major battles, the bills. Likewise, while some interpret Presi- on the Question of Hong Kong are dent Clinton’s bright re-election prospects as NCGA predicted, would be over the terms of a negative referendum on the GOP-led House price and interconnection agreements. Tele- upheld and enforced. Although Gov- and Senate, other focus on how Republicans phone company rivals could be expected to ernor Chris Patton proclaimed yester- ended up setting the agenda on everything lobby governors, utility commissions and day his intention not to go quietly from balancing the budget to welfare reform. state legislatures in search of allies. from his post as last Governor of Hong For at least two reasons, however, both But within six months of the law’s enact- Kong, his stated goals do not go far sides in this early war over the 104th history ment, the FCC declared a victor in the enough. Martin Lee, Hong Kong’s ‘‘telewars in the states’’—namely, itself. The are firing intellectual blanks. One reason is Democratic Party leader, correctly that it is not yet clear how much of the leg- commission produced a 600-page document islation will stick politically. For example, promulgating presumptive national pricing identified Patton’s shortcomings on be- Mr. Clinton has made plain that, if reelected, standards in local telephone markets. The half of those who will remain after he plans to ‘‘fix’’ the new welfare law. And FCC insists that the order is necessary to Beijing takes control of the colony should the House fall to the Democrats, pry open local markets to long-distance car- next July. ultraliberal committee chairmen will move riers like AT&T, small firms like Teleport, Governor Patton proclaimed yester- quickly to undo much of what the Repub- and cable and wireless companies. Otherwise, day that he intended to accomplish licans did legislatively on welfare, crime, im- the commission asserts, incumbent local carriers like the Regional Bell Operating Com- many things during his remaining time migration and more. in Hong Kong, but his proposed actions The other and more fundamental reason is panies will remain invulnerable to real com- that, no matter what happens in November, petition as potential entrants to intrastate fall short of what is required. We see it is by no means certain that the laws markets are forced to contend with 50 dif- former Communist states all over the passed by the Republican Congress over the ferent, localized state regulatory regimes. world transitioning to free market last two years will survive administratively. But the FCC’s rushed, revanchist rewrite economies and forms of democratic of the telecommunications law is based on a BUREAUCRATIC WARS hypothetical pricing scheme that only an governance. The United States and our Victories won on the legislative battlefield armchair economist could love. In its hun- friends and allies are investing a great are routinely lost in the fog of bureaucratic dreds of pages of national regulatory dic- deal of effort to aid and assist these wars over what the laws mean and how best tates, the FCC almost completely ignores transitions. We cannot turn our backs to implement them. One of many recent ex- the actual costs that local companies in- on the only instance of a successful and amples is how the Federal Communications curred to create the system, and the regional shining free market democracy Commission has already virtually rewritten and other variation in how they operate. transitioning to the darkness of com- the Telecommunications Act of 1996. On Aug. 28, GTE Corp. and Southern New On Feb. 8, President Clinton signed the England Telephone Co. jointly challenged munism. I fear that this will happen on first major rewrite of telecommunications the FCC in court, arguing that the FCC’s midnight of June 30, 1997. law in 62 years. To many observers, the act order constitutes an uncompensated taking The world must insist upon imple- represented the culmination of a series of po- under the Fifth Amendment by requiring mentation of the Sino-British Joint litical and judicial decisions that began in them to sell their services at below actual Declaration on the Question of Hong 1974 when the U.S. Justice Department filed costs. The order, they claim, would almost Kong signed in 1984. And then the world an antitrust suit against AT&T, leading to a certainly enervate competition by permit- must ensure Beijing upholds their breakup of the old telephone monopoly and ting long-distance giants like AT&T to buy agreement. Neither Beijing nor London the creation in 1984 of the seven regional up local phone networks at huge discounts— ‘‘Baby Bells.’’ The bill-signing ceremony, the an ironic potential outcome indeed given should back down from this agreement first ever held at the Library of Congress, how all this began in 1974. Moreover, not now. was draped in symbolism. The president only giants like AT&T but fly-by-night arbi- I commend Mr. Patton for his good signed the bill with a digital pen that put his trage artists could enrich themselves at the work on freedom, stability, and pros- signature on the Internet. On a TV screen, expense of consumers on the spread between perity during his tenure as Governor. Comedian Lily Tomlin played her classic actual operating costs and the prices set by He has pursued reforms while facing re- telephone company operator Ernestine, the FCC. In response to the suit, a federal sistance and indeed intimidation from opening her skit with ‘‘one gigabyte’’ instead appeals court ordered a temporary stay of Beijing. But he has been forced to com- of ‘‘one ringle-dinglie.’’ the FCC regulations and will hear oral argu- During the debate over the bill and for ments in the case tomorrow. promise in order to maintain his rela- weeks after its enactment, the press played At a recent press conference, GTE’s senior tionship with Beijing. The price of this up the law’s social-policy side-shows, like vice president and general counsel, former compromise is too great. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12335 I must support Hong Kong’s Demo- tional Energy Policy Act of 1992, we tive and, usually, key staff role on cratic Party leader Martin Lee, who have been engaged in vitally important every piece of legislation relating to yesterday called on Patton to do more. work that is often long on complexity nuclear matters that has been consid- I also call on the Government in Lon- and short on glamour. ered by Congress in the last 20 years. In don to do more. The people of Hong I am proud of the record we achieved, addition, Ben has played a key role on Kong should be asked to accept noth- not only during my 8 years as chair- non-energy-related legislation ranging ing less. The Joint Declaration of 1984 man, but throughout my service, and I from public lands legislation to the is an international treaty registered in wish today to say thank you to a pro- risk assessment legislation that has the United Nations. A violation of this fessional staff unlike any other, one been considered by the Senate during treaty by either party represents a vio- which has served the committee and the last two Congresses. lation of international law. London the country so well over the years. Mr. President, throughout his long must hold Beijing to the terms of this Some of the best minds in the coun- career as Senate staff, Ben has earned treaty for the benefit of the people of try have served on the committee staff a reputation for honesty and profes- Hong Kong. over the years. Whatever their reasons sionalism both among the staff and In assessing the situation today, we for coming, I believe most stayed and Members of the House and Senate. Un- have Patton’s speech and Beijing’s relished their time there because they fortunately for the Senate and, I be- promises, but we must focus not on found themselves in the company of lieve, the process of developing sound words, but actions. I am primarily con- other keen minds, and they knew that public policy, Ben has indicated that cerned with actions taken by Beijing their mission would not be mortgaged he will be leaving the Senate by the that undermine the promises made in to politics and that their task was to end of the year to pursue new chal- the Joint Declaration. These include: find honest, pragmatic, workable solu- lenges. harassing journalists by Beijing such tions to vexing problems. Almost all of Mr. President, my friendship with Dr. as Hong Kong reporter Xi Yang; threat- them have gone on to rewarding ca- Ben Cooper will continue, but our daily ening to replace the democratically reers in government and business, and interaction is not likely to continue, elected legislative council with an ap- I can only hope they were as enriched and I will miss Ben’s daily good coun- pointed provisional legislature; propos- by their experience as the public prod- sel tremendously. I commend Ben for a ing to repeal Hong Kong’s Bill of uct was by their service. career well spent and well conducted, Rights; and assigning power of judicial Luckily for me, some of the very best congratulate him on the contribution interpretation to the national People’s and brightest have remained to assist he has made to our Nation and wish Congress rather than Hong Kong’s me as my service in this body comes to him the best in his future pursuits. courts. a close. TOM WILLIAMS The United States must strongly BEN COOPER The Senate Energy and Natural Re- urge Beijing to grant Hong Kong the One of those staff members who has sources Committee has been fortunate level of autonomy promised in the served me the longest and with par- to have a second long-term Democratic Joint Declaration. United States policy ticular distinction is the minority staff staff member who is as eminent in his must acknowledge the Joint Declara- director of the committee, Dr. Ben field as is Dr. Cooper in the field of en- tion as an international treaty possess- Cooper. About the time I joined the ergy policy. I refer, of course, to Tom ing the force of law. It is a matter of committee, we became involved in the Williams, who is without equal in his international law that the parties to development of national energy policy knowledge of Federal policy toward the treaty abide by their solemn obli- in response to the crude oil supply public lands, national parks, the U.S. gations undertaken in the Joint Dec- interruptions in the Middle East that Forest Service and a variety of lands laration. were disrupting our domestic economy. issues relating to the great State of The United Kingdom should make a The committee has continued to be in- Alaska. determination as to whether China’s volved deeply in this issue, as indicated Tom joined the Democratic staff of plans to replace the legislative council by its current name, which was at- the committee in 1973 and has contin- are a violation of the Joint Declara- tached to the committee during the re- ued his service with the committee tion. But even if London fails in this organization of Senate committees through today, except for a brief inter- responsibility, the United States can- that occurred in early 1977. lude at the Department of the Interior not sit idly by when, by anyone’s rea- Shortly after I joined the committee, early in the current administration. sonable interpretation, China violates a long-haired doctor of physics joined During his service with the committee, its international treaty obligations, es- the Democratic committee staff from Tom has served as key staff on every pecially when the stakes are as high as Iowa State, where he had been an in- public lands and national parks bill they are with Hong Kong. structor. He first joined the staff as a that has been considered or enacted by Over the next 9 months, I intend to congressional science fellow employed the U.S. Senate. No staff member in continue to raise the level of attention by the then-chairman, our dear de- the Congress has a greater institu- of the Hong Kong transition. The prin- parted colleague, Senator Henry M. tional knowledge of these important, ciples at stake touch the core of the Jackson. Since those early days, I have and often divisive issues that are often minimum standard of freedom upon worked closely with Ben, who officially at once arcane and tremendously im- which we must insist.∑ became part of my staff in 1981, when I portant both to the Nation as a whole f became ranking minority member of and to individuals that may be affected the committee. Ben has continued with directly by Federal policy. TRIBUTE TO THE STAFF OF THE me through my chairmanship of the I have had the pleasure of consider- COMMITTEE ON ENERGY AND committee and through our return to ing Tom ‘‘my’’ staff since I became NATURAL RESOURCES the minority. ranking member of the committee in ∑ Mr. JOHNSTON. Mr. President, when Mr. President, there can be no better 1981. Throughout that period of time, I I first came to the U.S. Senate, I was staff than Dr. Ben Cooper. He is per- have valued Tom’s counsel not only on assigned to the Committee on Interior haps the only remaining staff of either the parks and lands issues, but on a and Insular Affairs, which we of course the House or Senate who has a com- host of other issues including the min- know today as the Committee on En- plete institutional memory of the evo- ing reform legislation that has been ergy and Natural Resources. As I pre- lution of modern Federal energy pol- considered by the committee in the pare to finish my Senate career, I look icy. Ben has been active on energy is- past several Congresses. Tom has the back on my years on that committee sues that range from crude oil pricing ability to counsel wisely and honestly as the source of the most rewarding to natural gas deregulation to the cur- on the various policy options available and intellectually stimulating chal- rent electric restructuring debate. Ben and on the often diametrically opposed lenges of my years here. From the Arab is particularly an expert on nuclear arguments of industry and the environ- embargo of 1973 to the natural gas wars policy, as would be expected from his mental community. Tom has that of 1978, from the complex Alaska land physics background. I can say without great ability, shared by Ben Cooper and issues of the early 1980’s to the Na- reservation that Ben has played an ac- many of my staff, to remain calm and S12336 CONGRESSIONAL RECORD — SENATE October 3, 1996 professional in the midst of the hottest such example of David’s craftsmanship. has done an exceptional job of bringing and most divisive debates. For that And there could be no more appro- those talents to bear to assist me and reason, among others, Tom Williams priate bill with which to associate other members of the committee in our has earned an excellent reputation David—whom we often refer to as the deliberations in the scant year or so among Members and staff alike in both third Senator from Arizona —than the that he has been on the staff. the House and Senate. Arizona Wilderness Act, to which he VICKI THORNE Mr. President, I will miss my daily devoted his unstinting attention. If we Vicki Thorne, through her years as interaction with Tom, but I understand are fortunate enough to see enactment majority and minority office manager that Tom’s talents will not be lost to of the pending omnibus parks bill be- and clerk, has performed the unsung, the Senate or the public. I understand fore the end of this Congress, it will often unnoticed, but always critical job that Tom desires to continue in his owe in significant measure to David’s of keeping the committee running, service and I am sure that my col- determination and negotiating skills. whether in organizing hearings, super- league and friend, the senior Senator His great knowledge and exemplary vising publications, or playing den from Arkansas, who will become the work ethic have added so much to the mother to a large and diverse family of ranking Democrat on the committee, work of our committee, and I am most staff. Her efficiency has been matched will continue Tom’s service with the grateful. only by an equable temperament and committee. BOB SIMON warm smile that enabled her and us to Mr. President, I extend my thanks to In 1993, I learned that Bob Simon of get our way far more often than not. Tom for his service and counsel to me the Department of Energy would be de- She has my deepest thanks. and for his friendship, and I am pleased tailed to the Energy and Natural f that the committee and the Senate will Resouces Committee. Bob had started continue to have access to Tom’s tal- working for the Department during the THE CYCLE OF VIOLENCE ents and service. Bush administration, and my staff di- ∑ Mr. COHEN. Mr. President, I am sub- SAM FOWLER rector, Ben Cooper, told me of the high mitting for the RECORD a Washington A uniquely talented attorney serves regard he had for Bob’s acumen and in- Post article about two young boys here as minority chief counsel of the com- tegrity. I can say now from the per- on Capitol Hill, who recently delib- mittee: Sam Fowler. Sam has a long spective of 3 years later that Ben’s en- erately inflicted pain upon someone’s history of distinguished public service, dorsement, strong though it was, has pet dog just for the fun of it. The Post first with the Smithsonian Institution, turned out to be an understatement. article states that the dog was a friend- then with the President’s Council on While many agency detailees treat ly animal toward people. Witnesses Environmental Quality, next with the their time with congressional offices as state they saw the dog wagging its tail House Interior and Insular Affairs something like school without the ex- and going up to the two youths, expect- Committee and, finally, beginning in aminations, Bob took his opportunity ing to be petted. Instead, one of the 1991, with our committee. very seriously and began distinguish- boys slapped the dog, took it to the top Mr. President, Sam is a lawyer’s law- ing himself almost immediately by his of an apartment building and hurled it yer. If Sam says the law says X, then deft and thorough handling of difficult to the ground. you can be sure that the law says X. He issues. Since coming on board, Bob has Research suggests that people who is one of the most fastidious and care- won the respect and admiration of his abuse animals require immediate at- ful researchers I have ever encoun- colleagues on the staff and the trust of tention. They are involved in a cycle of tered. He has a special talent for ex- the members who rely on his work, and violence, either as a victim, perpetra- pressing himself through the written he has demonstrated his possession of a tor, or both. These violent symptoms word in a concise and precise manner. rare combination of attributes—intel- manifested by a troubled youth appear Sam has staffed many issues in which lectual and technical mastery, out- to be a particularly important and ac- I have taken particular interest. Per- standing political and strategic judg- curate early indicator of future violent haps in no area has his contribution ment, and complete reliability—which behavior. Numerous experts cite the been greater than in the area of nu- has made his work extremely valuable. link between animal abuse and human clear policy. Sam has exhibited the In particular, Bob’s knowledge and violence as one early warning signal rare talent, at least among lawyers, for expertise in the area of the Federal that the people involved in such acts of mastering the scientific terms and con- Government’s energy research pro- violence may either be a victim, or a cepts associated with the development grams is unrivaled. And on the issue of perpetrator in some violent incidents. of nuclear power and the safe disposal risk assessment, which is only matched Experts state that those who are abu- of nuclear waste. in its importance to the Nation by its sive to animals lack empathy, compas- Finally, Mr. President, I would be re- lack of glamour and its complexity, sion, and respect for life. However, remiss if I did not mention one other ac- Bob Simon provided staff work that searchers agree that these personality tivity of Sam’s that has enlightened was truly remarkable for its thorough- attributes can be taught. A successful and enriched my life and those of the ness and incisiveness. example of such, is the country of Is- committee staff. Sam, on his own time, I want to express my sincere appre- rael, where a national humane edu- prepares incisive memoranda that ciation for Bob Simon’s hard work and cation program to reduce violent crime trace the history and development of dedication, and I wish him the very in their country has been implemented. various aspects of the institution of re- best in the future. Research on this issue also compels publican government. Among his topics CLIFF SIKORA us to take action to detect, treat, and have been a history of gift rules, privi- No subject has presented more of a prevent perpetrators of animal vio- leged motions, and the evolution of the challenge to my committee or lence before they turn their violent im- modern State of the Union address. consumed more of our time than the pulses toward humans. Many experts This aspect of Sam’s life illustrates his vast issue of electricity deregulation, agree that animal abuse is not just a wonderful intellectual curiosity that is and I am frank to say that the sterling personality flaw of the abuser, but may so vital in good staff. work done by Betsy Moeller, Don be an indication of a deeply disturbed Mr. President, Sam is a treasure of Santa, and Bill Conway raised the bar family. The Federal Bureau of Inves- the committee, a treasure I will miss significantly on my expectations for tigation has conducted research on the greatly. staff work in this area. correlation between people who are DAVID BROOKS I am pleased to say that Cliff Sikora, abusers of animals to their committing David Brooks came over from the whom we enticed to come from the future violent acts. In numerous inter- House Interior Committee to join our Federal Energy Regulatory Commis- views with prison inmates convicted of staff in 1989. He has played a major role sion, has more than met those stand- violent crimes, the deliberate infliction in shaping much of this country’s re- ards. I am persuaded that no one in the of pain on animals was a common link. cent policy on public lands, national country has a more commanding over- Last May, I advised Attorney Gen- parks, and historic preservation. The all grasp of the thorny issue of elec- eral Janet Reno that cruelty to ani- California Desert Protection Act is one tricity deregulation than Cliff, and he mals is a particularly troublesome October 3, 1996 CONGRESSIONAL RECORD — SENATE S12337 manifestation of youth violence. I en- city involve pets that have been starved or ipant was Supervisory Special Agent Alan couraged the Attorney General to re- beaten by their owners. Rarely are they de- Brantley of the FBI’s Investigative Support view the Justice Department’s plan of liberately hurt by strangers, said Rosemary Unit (ISU), also known as the Behavioral action in exposing the correlation be- Vozobule, the society’s law enforcement offi- Science Unit. The ISU is responsible for pro- cer. viding information on the behavior of vio- tween animal and human violence, that ‘‘This was a very sweet dog, and she just lent criminals to FBI field offices and law prevention and treatment may begin. went up to these kids,’’ she said. ‘‘We have enforcement agencies worldwide. Special Since that time, I have been working reports that one boy yelled at her and Agent Brantley served as a psychologist at a with the Justice Department, law en- slapped her. Then he took her to the roof.’’ maximum-security prison in North Carolina forcement officials, and others in eval- The dogs owners, Nancy and Harold before joining the FBI. He has interviewed uating this linkage and how this Smalley, live a block from the Kentucky and profiled numerous violent criminals and knowledge can be used to decrease Court housing complex in Southeast Wash- has direct knowledge of their animal-abuse ington, where the incident occurred Sept. 9. histories. In his role as an ISU special agent, crime among juveniles. Nancy Smalley said that Coco, adopted two he shares that information with agents at Mr. President, today I wrote to years ago from the D.C. Animal Shelter, was the FBI Academy and law enforcement offi- Donna Shalala, the Department of never allowed to roam. Coco must have cers selected to attend the FBI’s National Health and Human Services Secretary, slipped out of the house, she said, when Har- Academy Program. When we asked Special and encouraged her to begin a program old Smalley left for work early that morn- Agent Brantley how many serial killers had to educate the social services commu- ing. a history of abusing animals, his response nities about the correlation between ‘‘He took the trash out. He was half was, ‘‘The real question should be, how many have not?’’ animal and human violence. I also asleep,’’ she said. When Nancy Smalley couldn’t find Coco to As law enforcement officials become more wrote to Richard Riley, the Depart- join their other dog—a black Labrador re- aware of the connection between animal ment of Education Secretary, encour- triever named Mr. B—and five cats for break- abuse and human-directed violence, they be- aging him to implement an educational fast, she called her husband. Had he taken come more supportive of strong anticruelty program among school guidance coun- Coco with him? No, he said. She then called laws and their enforcement. We are encour- selors, teachers, and school administra- the shelter to report Coco missing. The dog aged by this development. We were granted had a collar and name tag, she told them. permission to visit the FBI Academy, in tors in recognizing the signs of vio- Quantico, Virginia, to continue our discus- lence. School officials and the social About the same time, someone called the shelter to report an injured dog. It was Coco, sion with Special Agent Brantley. services communities are among the belly-down on the packed earth, which is so HSUS: What is the history of the Behav- first to recognize and work with trou- hard that no grass grows there. Someone had ioral Science Unit/ISU? Brantley: The Behavioral Science Unit bled youth. Many see first hand the covered her with a tattered blanket. Humane originated in the 1970s and is located at the early symptoms of abusive behavior to- officers took the dog back to the shelter for FBI Academy. Its purpose is to teach behav- evaluation and called Nancy Smalley. ward animals. However, most of these ioral sciences to FBI trainees and National When she saw Coco a few minutes later, officials do not realize the correlation Academy students. The instructors were she said, ‘‘my mind went blank. It was im- between animal abusers and the cycle often asked questions about violent crimi- possible for me to believe anyone would do of violence. nals, such as, ‘‘What do you think causes a this to a dog. I just couldn’t understand it. I person to do something like this?’’ The in- It is necessary for us to look at ways can’t understand it. These things aren’t sup- structors offered some ideas, and as the stu- to reduce violence in this country. It posed to happen.’’ dents went out and applied some of these makes good sense to evaluate further Despite her trauma, Coco struggles to bal- ideas, it was seen that there might be some ance on three feet and leans against a visi- this correlation, which the FBI has merit to using this knowledge in field oper- tor’s leg to have her head patted. Her right used for almost two decades now in ations. In the mid-1980s, the National Center profiling serial killers and other vio- leg is in a cast, and the left dangles almost for the Analysis of Violent Crime was found- lent offenders. Implementation of a hu- daintily. If she doesn’t recover feeling in ed with the primary mission of identifying mane education program in the school that leg, Glassman said, it will have to be and tracking serial killers, but it also was amputated, because she will drag it and systems throughout the United States given the task of looking at any violent scrape it, leaving her vulnerable to constant crime that was particularly vicious, unusual, of America offers some hope for reduc- infection. tion of violence among our youth and or repetitive, including serial rape and child ‘‘She’s a very sweet dog,’’ Glassman said, molestation. We now look at and provide at this point, any sensible approach adding that she would be able to get along operational assistance to law enforcement should not be dismissed. fine on three legs. agencies and prosecutors worldwide who are Mr. President, I also submit for the Vozobule said she has received several confronted with any type of violent crime. calls from neighbors who saw the incident or RECORD an interview with an FBI agent HSUS: You have said that the FBI takes heard the boys talking about it. There is a the connection between animal cruelty and and professor at the FBI Academy in $1,500 award for information leading to the Quantico, VA, with the Humane Soci- violent crime very seriously. How is this arrest of the suspects, she said. awareness applied on a daily basis? ety of the United States. I believe it is Vozobule said although what happened to Brantley: A lot of what we do is called time for Americans to pursue seriously Coco is ‘‘tragic,’’ she is pleased that resi- threat assessment. If we have a known sub- every avenue to address and eliminate dents were willing to call in tips. ‘‘I think ject, we want as much information as we can the cycle of violence. people are starting to realize treating ani- obtain from family members, co-workers, I ask that these items be printed in mals this way just isn’t right,’’ she said. local police, and others, before we offer an the RECORD. opinion about this person’s threat level and DEADLY SERIOUS The material follows: dangerousness. Something we believe is AN FBI PERSPECTIVE ON ANIMAL CRUELTY prominently displayed in the histories of [From the Washington Post] (By Randall Lockwood and Ann Church) people who are habitually violent is animal COCO THE SPANIEL IS SENT PLUNGING THREE abuse. We look not only for a history of ani- The HSUS has a long history of working STORIES mal abuse, torment, or torture, but also for closely with local, state, and federal law en- (By Linda Wheeler) childhood or adolescent acts of violence to- forcement agencies to combat cruelty to ani- ward other children and possibly adults and D.C. police are searching for two boys who mals. Many of these agencies have become for a history of destructiveness to property. walked a neighbor’s dog up three flights of acutely interested in the connection between Sometimes this violence against animals is stairs to the roof of a Capitol Hill apartment animal cruelty and other forms of violent, symbolic. We have had cases where individ- building and then dropped her to the hard antisocial behavior. They have found that uals had an early history of taking stuffed earth below. the investigation and prosecution of crimes animals or even pictures of animals and Coco, a liver-and-white Brittany spaniel, against animals is an important tool for carving them up. That is a risk indicator. landed spread-eagled, her right front leg identifying people who are, or may become, You can look at cruelty to animals and shattered and the left limp from nerve dam- perpetrators of violent crimes against peo- cruelty to humans as a continuum. We first age. ple. see people begin to fantasize about these vio- ‘‘The [right] leg is blasted, what we call a Earlier this year Sen. William Cohen of lent actions. If there is escalation along this high-energy fracture,’’ said veterinarian Maine formally asked U.S. attorney general continuum, we may see acting out against Peter Glassman, of Friendship Hospital for Janet Reno to accelerate the U.S. Depart- inanimate objects. This may also be mani- Animals in Northwest Washington, ‘‘Thank ment of Justice’s research in this area. On fest in the writings or drawings of the indi- God we don’t see these kind of injuries very June 6 The HSUS met with the staff of Sen- vidual affected. The next phase is usually often.’’ ator Cohen and Sen. Robert Smith of New acting out against animals. According to Washington Humane Society Hampshire and with representatives of the HSUS: When did the FBI first begin to see officials, most animal cruelty cases in the FBI and the Justice Department. One partic- this connection? S12338 CONGRESSIONAL RECORD — SENATE October 3, 1996 Brantley: We first quantified it when we the age of 20, to beheading a thirteen-year- certainly it’s moving in a very ominous di- did research in the late 1970s, interviewing old girl and shooting her fourteen-year-old rection. This is not a harmless venting of thirty-six multiple murderers in prison. This stepbrother to death. emotion in a healthy individual; this is a kind of theme had already emerged in our He was convicted of murder. I was brought warning sign that this individual is not men- work with violent criminals. We all believed in for the sentencing phase to testify as to tally healthy and needs some sort of inter- this was an important factor, so we said, his dangerousness and future threat to the vention. Abusing animals does not dissipate ‘‘Let’s go and ask the offenders themselves community. The prosecutors knew that he those violent emotions; instead, it may fuel and see what they have to say about it.’’ By was a prolific killer of animals, and that he them. self report, 36 percent described killing and was saving the body parts of these animals. HSUS: What problems do you have in try- torturing animals as children and 46 percent The prosecutor discovered a cooler full of ing to assess the dangerousness of suspect or said they did this as adolescents. We believe animal remains that belonged to Massey and a known offender? that the real figure was much higher, but brought it to the courtroom for the sentenc- Brantley: Getting background information that people might not have been willing to ing hearing. It caused the jurors to react is the main problem. People know this per- admit to it. strongly, and ultimately the sentence was son has done these things, but there may be HSUS: You mean that people who commit death. no record or we haven’t found the right peo- multiple, brutal murders might be reluctant HSUS: Mr. Massey had been institutional- ple to interview. to admit to killing animals? ized at his mother’s request two years before HSUS: That’s one of the reasons why we Brantley: I believe that to be true in some the murders since she was aware of his dia- have put an emphasis on stronger cases. In the inmate population, it’s one ries, which recorded his violent fantasies, anticruelty laws and more aggressive thing to be a big-time criminal and kill peo- and his animal killings, yet he was released. encorcement—to get such information in the ple—many inmates have no empathy or con- Do you think that mental health officials record. cern for human victims—but they might have been slower than law enforcement agen- Brantley: A lot of time people who encoun- identify with animals. I’ve worked with pris- cies in taking animal abuse seriously? ter this kind of behavior are looking for the oners who kept pets even though they Brantley: We’ve made this a part of a lot of best in people. We also see cases where peo- weren’t supposed to. They would consider our training for local police, and I think ple are quite frankly afraid to get involved, someone else hurting their pet as reason most police recognize that when they see because it they are dealing with a child or enough to commit homicide. Also, within animal mutilation or torture that they need adult who seems to be bizarre or threaten- prisons, criminals usually don’t want to talk to check it out; but police have to triage and ing, they are afraid that he or she may no about what they have done to animals or prioritize their cases. We try to tell people longer kill animals but instead come after children for fear that other inmates may re- that investigating animal cruelty and inves- them. I’ve seen a lot of mental health profes- taliate against them or that they may lose tigating homicides may not be mutually ex- sionals, law enforcement officers, and pri- status among their peers. clusive. vate citizens who don’t want to get involved HSUS: Where is violence against animals We are trying to do the same for mental because they are afraid . . . and for good rea- coming from? Are criminals witnessing it in health professionals. We offer training to fo- son. There are very scary people out there others? Convicted serial killer Ted Bundy re- rensic psychiatrists through a fellowship doing scary things. That’s largely why they counted being forced to watch his grand- program and provide other training to the are doing it and talking about it: they want father’s animal abuse. mental health community. I think psychia- to intimidate and shock and offend, some- Brantley: For the most part, in my experi- trists are receptive to our message when we times regardless of the consequences. ence, offenders who harm animals as chil- can give them examples and case studies HSUS: Is there hope for such an individ- dren pretty much come up with this on their demonstrating this connection. The word is ual? own. Quite often they will do this in the getting out. Brantley: The earlier you can intervene, presence of others and teach it to others, but HSUS: Do you think more aggressive pros- the better off you’ll be. I like to be optimis- the ones with a rich history of violence are ecution of animal-cruelty cases can help get tic. I think in the vast majority of cases, es- usually the instigators. Some children might some people into the legal system who might pecially if you get to them as children, you follow along to be accepted, but the ones we otherwise slip through? can intervene. People shouldn’t discount ani- need to worry about are the one or two domi- Brantley: I think that it is a legitimate mal abuse as a childish prank or childish ex- nant, influential children who initiate the way to deal with someone who poses a perimentation. cruelty. threat. Remember, Al Capone was finally im- HSUS: Have you ever seen any serial kill- HSUS: What components need to be prisoned for income-tax evasion rather than ers who have been rehabilitated? present for you to think a child or adoles- for murder or racketeering-charges which Brantley: I’ve seen no examples of it and cent is really in trouble? could never be proven. no real efforts to even attempt it! Even if Brantley: You have to look at the quality HSUS: Have you ever encountered a situa- you had a program that might work, the po- of the act and at the frequency and severity. tion where extreme or repeated animal cru- tential consequences of being wrong and re- If a child kicks the dog when somebody’s elty is the only warning sign you see in an leasing someone like that greatly outweigh been aggressive toward him, that’s one issue, individual, where there is no other violent the benefits of attempting it, in my opinion. but if it’s a daily thing or if he has a pattern behavior? Or does such abuse not occur in a HSUS: There is also a problem in trying to of tormenting and physically torturing the vacuum? understand which acts against animals and family dog or cat, that’s another. I would Brantley: I would agree with that last con- others are associated with the escalation of look to see if the pattern is escalating. I look cept. But let’s say that you do have a case of violence, since police records, if they exist, at any type of abuse of an animal as serious an individual who seems not to have had any are often unavailable or juvenile offenses are to begin with, unless I have other informa- other adjustment problems but is harming expunged. Sometimes only local humane so- tion that might explain it. It should not be animals. What that says is that while, up to cieties or animal-control agencies have any dismissed. I’ve seen it too often develop into that point, there is no documented history of record. The HSUS hopes to facilitate consoli- something more severe. adjustment problems, there are adjustment dating some of these records. Some types of abuse, for example, against problems now and there could be greater Brantley: That would be great. If animal- insects, seem to be fundamentally different. problems down the road. We have some kids cruelty investigators are aware of a case Our society doesn’t consider insects attrac- who start early and move toward greater and such as a sexual homicide in their commu- tive or worthy of affection. But our pets are greater levels of violence, some who get into nity and they are also aware of any animal friendly and affectionate and they often it starting in adolescence, and some who are mutilation going on in the same area, I symbolically represent the qualities and adults before they start to blossom into vio- would encourage them to reach out to us.∑ characteristics of human beings. Violence lent offenders. f against them indicates violence that may HSUS: Do you find animal cruelty develop- well escalate into violence against humans. ing in those who have already begun killing TRIBUTE TO STAFF OF SENATOR You also need to look at the bigger pic- people? JOHNSTON Brantley: We know that certain types of ture. What’s going on at home? What other ∑ Mr. JOHNSTON. Mr. President, no supports, if any, are in place? How is the offenders who have escalated to human vic- child doing in school? Is he drinking or doing tims will, at times, regress back to earlier senator has been blessed with a more drugs? offenses such as making obscene phone calls, capable, more loyal, more effective per- HSUS: We are familiar with the ‘‘classic’’ stalking people, or killing animals. Rarely, sonal staff than I have. For 24 years, cases of serial killers, like Jeffrey Dahmer, if ever, do we see humans being killed as a they have worked for my office, our who had early histories of animal abuse (see precursor to the killing of animals. State and our Nation with energy and the Summer 1986 HSUS News). Are there any HSUS: How would you respond to the argu- diligence. All of the staff over these recent cases you have worked on? ment that animal cruelty provides an outlet years have been excellent, but at this Brantley: The Jason Massey case jumps that prevents violent individuals from acting out as being a prominent one. This was a against people? time I want to especially recognize the case from 1993 in Texas. This individual, Brantley: I would disagree with that. Ani- three most senior staffers in my Wash- from an early age, started his career killing mal cruelty is not as serious as killing ington office for their special talents many dogs and cats. He finally graduated, at human beings, we have to agree to that, but and contributions. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12339 PATSY GUYER with being a Senator. Most of all, gratitude for his diligence and devo- When I arrived in Washington in No- though, Becky Putens is a fixer: she tion, and commend him for a job well vember 1972, I was taken in tow by Bill takes care of problems, from the rou- done.∑ Cochrane of the Rules Committee, who tine to the seemingly insurmountable, f gave me invaluable assistance and with an aplomb and calmness that is counsel in setting up my office. Like remarkable, and that has, in countless VERMONT’S GREEN MOUNTAIN most new Senators, I was short-handed large and small ways, made my time as POWER CORP. WINS DISTIN- and uncertain about the best way to a Senator more effective, more effi- GUISHED AWARD staff my office and deal with the ava- cient, and generally more fun. ∑ Mr. JEFFORDS. Mr. President, I lanche of mail, telephone calls, and As my colleagues and her peers—a would like to rise today in recognition visitors. Bill mentioned to me that he group of Senators’ personal secretaries of the Green Mountain Power Corp. knew of a young woman, Patsy Guyer, who call themselves the Senior Babes— Green Mountain Power [GMP] was re- who had worked with him on the staff can attest, the small area just outside cently honored with the Edison Elec- of Senator B. Everett Jordan of North a Senator’s personal office often takes tric Institute Common Goals Special Carolina, and who was available and on the aspect of Grand Central Station Distinction Award for energy effi- was a prodigious worker. She was at rush hour. Becky is the person who ciency. quickly hired, and I don’t think her keeps it all together and running Douglas Hyde, GMP president and output has slowed one iota over the 24 smoothly. Through it all, and maybe CEO, and a close friend of mine, was in years she has been on my staff. As my because of it all, Becky displays a Washington to accept the award which executive assistant, Patsy has handled sense of humor and a way with people recognizes GMP’s work as a part of a huge array of responsibilities over and with words that is legendary EVermont. A public-private partner- the years, ranging from supervising among many of the longtime staff and ship, EVermont was formed to test and State offices to managing summer in- Senators. For someone in a position improve the winter performance of terns, to creating and overseeing an ex- that is always demanding and often electric vehicles, or EV’s. EV’s provide ceptionally efficient mail operation. thankless, such an attitude and out- clean, quiet, and environmentally But if Patsy should be singled out for look is almost a requirement, and for sound transportation. For this service, anything, it is her management of and me it has often served to make even we commend Green Mountain Power deep personal commitment to a case the most tiring and demanding days and EVermont and congratulate them work operation that is unmatched in and nights in the Senate bearable. on winning the EEI Common Goals the volume and quality of service it But, to me, the most fundamental as- Award.∑ has rendered to countless thousands of pect of Becky’s personality is her un- f Louisianians in need. I am very proud questioning dedication. Whatever the of the aid my office has given over the circumstances, however late or early, SATISFYING THE HUNGER FOR years to people who had nowhere else on weekends or during vacations, if I READING to turn, whether it was securing a visa, am there, Becky is there; if I am under ∑ Mr. BINGAMAN. Mr. President, en- locating a loved one, or breaking an the gun, Becky is at my side. In short, couraging strong reading habits in impasse on a disability payment or a in a field of endeavor where loyalty is schoolchildren is a goal that we all VA widow’s benefits. an often-invoked but seldom-realized share. Reading skills are a core ele- We were able to be effective prin- ideal, Becky personifies it. I am grate- ment of the National Education Goals, cipally because Patsy Guyer has an as- ful for her service. and literacy is the subject of a new tounding network of friends and col- ERIC SILAGY Presidential initiative. leagues throughout the Congress and Mr. President, Eric Silagy has man- To highlight the importance of read- among Federal agencies and, most of aged to pack more achievements into ing, I would like to take a brief mo- all, because she greeted every case, no his brief career than any young man I ment to describe the achievements of matter how routine, with the enthu- know. He came to my office in 1987, an innovative program at a very spe- siasm and commitment she brought to fresh out of the University of Texas. In cial school in New Mexico that I be- her first day on the job in November of less than 2 years, he was chief sched- lieve captures what we should all be 1972. Whether the challenge was to uler for a Senate campaign that was as trying to do to promote reading. bring home from Abu Dhabi a trag- politically significant and hard fought This fall, the lunch period at Dolores ically injured Louisiana businessman, as any in this century. His intelligence, Gonzales Elementary School in Albu- locate a missing child in a Rwandan good judgment and youthful energy querque will be satisfying a different refugee camp or organize a food airlift were important factors in our victory. kind of appetite: A hunger for reading. to Cambodia, we always knew Patsy For the next 4 years, he served as my Thanks to their Join-a-School Part- would have the ingenuity and contacts legislative assistant while attending ners—Sunwest Bank, Bueno Foods, the to start the process and the absolutely Georgetown University Law School, Albuquerque Zoological Park, and iron-willed determination and dedica- performing superbly in both capacities. community members—more than 50 tion to see it through to completion. I Since 1994, he has been my administra- students at Dolores Gonzales Elemen- have never known a more selfless and tive assistant and chief of staff. tary will have a partner to read with giving individual, and I know I speak Thanks to his excellent organizational under a pilot program which I helped for untold thousands in Louisiana in skills and his tact and good humor, it initiate at the school last spring. expressing deep gratitude for the ex- is an office that has been a productive The Read-Write-Now program pairs traordinary service that this loyal workplace for a happy, hardworking, an adult volunteer with a student from daughter of North Carolina has ren- and extremely talented staff. Dolores Gonzales for reading. The pro- dered to Louisiana and our country. Just as important to me as his skill gram has grown from a dozen or so vol- BECKY PUTENS in running the office, however, has unteers last spring to more than 50 this Mr. President, as many Senators been his remarkable political and pol- fall. I commend principal Dora Ortiz know, Becky Putens has been my per- icy judgment, which I rely upon in and her dedicated staff and teachers for sonal secretary for the last 18 years. making all the most crucial decisions fostering the Read-Write-Now program While that is her title, it hardly does that come before me; and his extraor- at their school. justice to the multitude of roles that dinary effectiveness in getting the job I borrowed the idea from a similar she has had to play in that time. She done, no matter what the odds against program which originated in New York has been my gatekeeper, my scheduler, it. Once a legislative goal has been tar- City. Volunteers pledge 1 lunch hour a my right-hand person; she keeps track geted, there is very little that can week for the entire semester to read of where I need to be, arranges how I stand in the way of Eric’s efforts to with the children. This one-on-one ap- will get there, and generally has acted achieve it. In short, while some divide proach helps the children develop their as a buffer between me and the enor- the world into thinkers and doers, Eric reading ability and love of books, as mous number of outside demands on Silagy manages to combine the best as- well as make a new friend. It is impos- my time and attention that go along pects of both. I want to express my sible to overestimate the value of this S12340 CONGRESSIONAL RECORD — SENATE October 3, 1996 program because so much of one’s edu- TRIBUTE TO DR. BILL WILEY leagues join me in expressing our con- cational and personal success is built ∑ Mr. JOHNSTON. Mr. President, I dolences to Bill’s loving wife Gus and on one’s ability to read. have been privileged in my career in to his daughter Johari Wiley-Johnson If we are to be a nation of learners the U.S. Senate, through my work on and in expressing our deep gratitude and achievers, we have to first be a na- the Energy and Natural Resources for the paths that Bill Wiley charted tion of readers. A recent National Edu- Committee and on the Appropriations and the mark he left behind.∑ cational Goals Panel report indicated Subcommittee on Energy and Water f that students in New Mexico and many Development, to work with many of RECOGNITION OF KEVIN PRICE other States are not achieving in read- the great scientific minds of this coun- Mr. CONRAD. Mr. President, before ing comprehension as well as they need try. I rise today to pay tribute to one ∑ the 104th Congress adjourns, I want to to do in order to succeed in school and of those scientists with whom I worked take a moment of the Senate’s time to work. especially closely and who was a long- thank someone who will be leaving my time close personal friend before his This initiative will help us improve, office in a few weeks. death last summer. and I would urge other businesses in Four years ago, Kevin Price joined Dr. Bill Wiley of the Battelle Memo- our communities in New Mexico and my staff as a legislative assistant for rial Institute built a monumental ca- around the Nation to initiate the Read- agriculture from Senator KERREY’s of- reer and left a huge legacy first and Write-Now program at their partner fice, where he had served as a legisla- foremost because of his special gifts schools.∑ tive correspondent. Kevin quickly es- and training as a fine scientist. His tablished himself as one of the hardest achievements over his 30-year career f working people on my staff. It seemed with Battelle, beginning as a staff re- like he was almost always one of the search scientist and ending with his po- first here in the morning and one of the NATIONAL MARKET sition as vice president for Science and last to leave at night. And that was be- IMPROVEMENT ACT OF 1996 Technology, contributed significantly fore serious preparation for the 1995 to this country’s scientific understand- ∑ Mr. D’AMATO. Mr. President, I am farm bill had even begun. ing. very pleased that the Senate passed the Kevin also was very successful at But I believe that the work for which conference report to H.R. 3005, the Na- reaching out to North Dakota farmers Bill Wiley should and will be best re- tional Market Improvement Act of and farm groups. Although he initially membered is the concrete result of his 1996, on Tuesday, November 1, 1996. had to overcome some skepticism be- vision which is now nearing completion This bill is a critical piece of legisla- cause he was from the northwestern on the banks of the Columbia River in tion that will streamline securities Minnesota town of Steven, and not a Richland, WA, the Environmental Mo- regulation and provide important in- native of North Dakota, he soon earned lecular Sciences Laboratory (EMSL), vestor and consumer protections— their trust, respect, and friendship which will be the jewel of the Pacific maintaining the preeminence of the through his work for me on the 1993 Northwest National Laboratory and U.S. capital markets. budget, disaster assistance, grazing, which may very well hold the key to Section 102 of the bill will enable is- and many, many other issues. suers whose securities are listed or au- this country’s Herculean effort to the At the same time, Kevin developed a thorized for listing on the New York cleanup of the Hanford Nuclear Res- strong working relationship with other Stock Exchange, the American Stock ervation and other, similar sites staff on agriculture issues that made Exchange, the National Market System around the country. him a persuasive actor in all of the Armed only with this vision and his of the Nasdaq or a comparable ex- staff work that goes on behind the irrepressible charm and enthusiasm, change (or tier or segment thereof) to scenes around here. His ties to both Bill Wiley came to see me several years register those securities only with the Democrats and Republicans, House and ago to lay out his plans for EMSL, un- Securities and Exchange Commission. Senate staff, and key administration daunted by skeptics who had told him Those issuers would not have to reg- players made him very effective at pro- at every turn that it might be a good ister their listed securities—or those tecting the interests of North Dakota idea, but the Congress was unlikely to securities that have been authorized farmers on myriad, small but often embrace such a costly project. I must for listing—with the 50 States. very important, issues that are effec- say that had it been anyone other than tively determined at the staff level. The conferees intended for this provi- Bill Wiley pushing the dream, the skep- sion to accord equal treatment to each For the past 3 years, Kevin immersed tics probably would have been right. himself in the details of the 1995 farm of the exchanges explicitly listed in the But Bill not only convinced me that it statute (the New York Stock Ex- bill to ensure that my priorities were was worth doing, he persuaded all the addressed. For North Dakota, the farm change, the American Stock Exchange, other relevant players that not only the National Market System of the bill is essential legislation. Its provi- was it something we could do, but that sions, in large part, determine my Nasdaq) as well as any other exchange it was something a great nation should (or segment or tier thereof) with com- State’s economic future. During con- not fail to do. I visited the EMSL facil- sideration of the farm bill, it is essen- parable listing standards. ity in its late stages of construction tial that I have accurate, timely infor- The conferees are concerned, how- shortly before Bill’s death last sum- mation and thoughtfully prepared op- ever, that a strict reading of the statu- mer. Anyone who ever harbored doubts tions. I ask a lot of my staff. tory language may lead to the inter- about the wisdom of this research facil- Kevin came through—for me, and for pretation that the conferees intended ity should go have a look when it opens the people of North Dakota. He not the provision to accomplish something its doors next month. It will be home only worked incredibly long hours him- different than absolute parity of treat- to America’s finest scientists employ- self, he did a terrific job of coordinat- ment among the eligible exchanges. ing the latest tools doing the best re- ing the many other members of my Mr. President, this is unequivocally search in the world today. And it is a staff who also helped work on the farm not the case. point of special pride to those of us bill, and, despite the enormous pres- In the future, I will seek to correct who were his friends that they will be sure that he must sometimes have felt, the drafting error to avoid any ambigu- doing so in the building named in Kevin was always a pleasure to be ity in the statute. Pending that legisla- memory of William R. Wiley. around. Although I believe the overall tive fix, I take this opportunity to This African-American son of an Ox- approach to farm policy taken by the make the record clear—the conferees ford, MS, cobbler served his Nation Republicans in the 1995 farm bill is intended for issuers whose securities well professionally and as a humani- misguided and I could not support it, it are listed or authorized for listing on tarian who was never too busy in his does contain numerous provisions that the National Market System of the career to help the less fortunate who will make an important difference for Nasdaq to be exempt from State reg- were trying to work their way up the North Dakota that would not be in the istration requirements under section ladder or merely to get to the first bill had Kevin not worked so hard on 102 of H.R. 3005.∑ rung of the ladder. I know many col- my behalf. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12341 In a few weeks, Kevin will be going to fort to prevent domestic violence. We plementation Force [IFOR] to enforce work for the American Crystal Sugar must educate Americans about this it, has not been without some real ben- cooperative in Moorhead, MN. He has terrible problem and reach out to vic- efit. We can all be grateful that people very big shoes to fill, because he is tak- tims to let them know that help is are no longer dying en masse in Bosnia. ing over from former Gov. George Sin- available and that, sadly, they are not U.S. troops, in conjunction with troops ner. But I have no doubt that he will alone. from other countries, should be ap- fill them well, because he also leaves Mr. President, I am proud to support plauded for having largely succeeded in behind big shoes for my next agri- Domestic Violence Awareness Month enforcing the military aspects of the culture legislative assistant to fill. and other measures to combat domes- agreement. On behalf of the people of North Da- tic violence, including a provision in In addition, many of the peacekeep- kota, I thank Kevin for a job well done the omnibus bill recently passed by ing tasks delegated to IFOR troops also and wish him well in his new endeav- Congress and signed by the President have been completed, including over- or.∑ to prevent anyone convicted of any seeing the transfer of territory, the de- f kind of domestic violence from owning mobilization of troops, and the storage a gun. I look forward to the day when of heavy weapons. DOMESTIC VIOLENCE AWARENESS we will no longer need to designate a Furthermore, while they were not MONTH Domestic Violence Awareness Month, without problems, the September 14 ∑ Mr. DODD. Mr. President, I rise but until then, I remain committed to elections have now created a new polit- today to speak about domestic vio- preventing and healing the wounds of ical structure in Bosnia, although its lence. This subject has quite literally domestic violence.∑ viability is yet to be tested. In the past, I have raised concerns re- been brought more clearly into focus in f recent days by photographs exhibited garding compliance with the war pow- MEDICARE 50/50 ENROLLMENT ers resolution and the constitutional in the Russell Senate Building rotunda. COMPOSITION RULE WAIVER implications of troop deployment with- As we begin the observance of October out prior congressional authorization. I as Domestic Violence Awareness ∑ Mr. LEVIN. Mr. President, I am dis- will not revisit that larger issue now. Month, the photographs of three Con- appointed that the bill introduced by Senator ABRAHAM and myself, which In this case, I understood that there necticut women who have lived was an implicit—if not explicit—under- through—and perhaps still endure—the provides for a Medicare 50/50 enrollment composition rule waiver for the standing between the administration pain of domestic violence are on dis- and the Congress that the Congress play in the Russell rotunda, along with Wellness Plan of Michigan, has not been cleared. However, I look forward would be consulted regarding any pro- the names of many individuals from posed changes in the mandate of Unit- every state who have died as a result of to working with my colleagues on the Finance Committee to ensure that we ed States troops in Bosnia. Certainly, domestic violence. this deployment of 5,000 more troops Mr. President, the statistics on do- enact such a waiver as early as possible in the 105th Congress. We cannot con- would fall within that understanding. mestic violence are horrifying. While At a hearing before the Senate For- the victims are not only women, tinue to deny Michigan Medicare beneficiaries the opportunity to enroll in eign Relations Committee on Septem- women are significantly more likely to ber 10, several administration wit- this well-established quality plan.∑ be victims of domestic violence than nesses noted that, even though IFOR’s f are men. Once every 15 seconds, a mandate will expire in December, it woman is beaten by her husband or UNITED STATES TROOP was unclear what the security needs on boyfriend, according to the FBI’s crime DEPLOYMENT IN BOSNIA the ground would be in Bosnia at that statistics. Four women a day are killed ∑ Mr. FEINGOLD. Mr. President, I rise time. But as Thomas Longstreth, Prin- at the hands of their attackers, accord- today to comment on the plan to send cipal Deputy Assistant Secretary of ing to the National Clearinghouse for an additional 5,000 troops to Bosnia Defense and Director of DOD’s Bosnia the Defense of Battered Women. And over the next few days. The report, task force, made clear during the hear- last year’s National Crime Victimiza- which first appeared in articles in the ing, further decisions would ‘‘have to tion Survey, conducted by the Depart- Wall Street Journal and Washington be made in concert with our allies and, ment of Justice, showed that 29 percent Post earlier this week, came as a sur- obviously, in consultation with the of all violence against women by a sin- prise to me and I am sure to many of Congress between the [September 14] gle offender is committed by an inti- my colleagues. Apparently, members of elections period and the end of IFOR’s mate—a husband, ex-husband, boy- the media learned about this new troop mandate [on December 20].’’ I understood this to mean that the friend, or ex-boyfriend. deployment before Congress itself had Defense Department would—at the In Connecticut in 1994, there were been notified. Now I learn that Sec- very least—let the relevant congres- 18,768 incidents of family violence that retary Perry will appear before the sional committees know about any resulted in at least one arrest, accord- Senate Armed Services Committee— troop enhancements before releasing ing to the Connecticut State Depart- only after the chairman sent him a ment of Public Safety. And 29 people such information to the press. stinging letter of rebuke. On Tuesday, October 1, at a followup were killed by family violence in Con- I have held strong reservations about hearing in the Foreign Relations Com- necticut in 1994 according to the same United States troop deployment in mittee less than 24 hours before the source. Bosnia ever since it was initially an- Washington Post article appeared, no But in the photographs displayed in nounced last year. As many in this mention was made of this specific the Russell rotunda, photographer Chamber will recall, I was one of the troop enhancement, but only passing Annie Liebovitz captures more than few Members of Congress to vote references to the possibility that addi- just the grim statistics. She brings against the deployment of U.S. troops tional troops might be needed depend- into focus both the physical pain and to support the Dayton accord. emotional anguish suffered by victims I said then, and I reiterate today, ing on the security situation on the of domestic violence. One can see the that I doubted the value of a heavy ground in December. Instead, at that second hearing, As- hurt and the horror, the shame and the U.S. investment in this region. I felt sistant Secretary of State John solitude, and the fighting and the fear. then, and I still feel today, that admin- Kornblum told the Committee that And while this pain, hopefully, will istration promises to have U.S. troops diminish one day, it will never com- ‘‘We fully understand and appreciate the out of the region within a year’s time need to work closely with Congress on ques- pletely go away. The battered individ- were unrealistic and would not be kept. tions that involve the deployment of U.S. uals, Mr. President, are not the only And I questioned then, and still ques- troops. Clearly, the prospects for the success victims. Domestic violence leaves scars tion today, whether or not the Dayton of any such effort, if it occurs, depend sig- on all those who live with it—espe- plan would truly level the playing field nificantly on whether we have gained Con- cially the children. between Serbs and Muslims. gressional and public support. Domestic Violence Awareness Month I recognize that the Dayton accord, Mr. President, I do not think releas- is a time when we can step up the ef- and the deployment of the NATO Im- ing information to the press that has S12342 CONGRESSIONAL RECORD — SENATE October 3, 1996 not been released—formally or infor- THE REPEAL OF CONTROLS ON which tightened controls over inde- mally—to the Congress qualifies as INDEPENDENT COUNSEL COSTS pendent counsel expenses in a whole ‘‘working with the Congress.’’ ∑ Mr. LEVIN. Mr. President, the appro- host of ways. One of the reforms we en- There are a number of questions that priations bill we passed on Monday acted was to limit commuting ex- I believe must be answered about the contained pleasant surprises, such as penses. We revised the law to allow mandate of these additional troops. reasonable funding for education and independent counsels and their staffs a How many additional troops are being research programs. But there have also maximum of 18 months of commuting planned for and what will they be been some troubling provisions. One expenses. After 18 months, independent doing? Will these men and women be an was so troubling that I could not allow counsels and their staffs were expected additional part of the U.S. contribution it to pass without some expression of either to move to the city where the to IFOR? Or will they be deployed as my dismay. This provision, section 118, prosecutions were based or start pick- part of a post-IFOR force of some kind? overturns one of the reforms Congress ing up their own commuting expenses. Will these new troops be under the made in 1994 to independent counsel Section 118 of the omnibus appropria- command of NATO, or of a U.S. com- law to hold down costs. tions bill effectively repeals that limit mander, and what rules of engagement The provision in the bill was never on expenses. If effectively permits must they abide by? Is the timing of approved by any committee. It was independent counsels and their staffs this deployment at all related to NATO never voted on by either House. It was to charge taxpayers for unlimited com- announcements last week that it was never included in a bill that either muting expenses. Lawyers can live in studying the anticipated security situ- body approved. This provision appeared one city, like New York or Los Ange- ation in Bosnia over the next few for the first time in the omnibus appro- les, prosecute cases in another city, months? priations bill on Monday and was pre- and charge literally years of airfare, Then there continue to be questions sented to the Senate under rules that hotel meals and other living expenses on the political-diplomatic side. The didn’t permit a single amendment to to the taxpayer. That’s an expensive Organization for Security and Coopera- the bill. proposition. It’s why we created the tion in Europe [OSCE], the inter- I first heard of this provision last limit in 1994. It’s why the omnibus ap- national body tasked with implement- week, when I was told that some House propriations bill was wrong to change ing the elections, recommended the Republicans had added it to their wish it. It is wrong to change it without any postponement of municipal elections list for the bill. Senator BILL COHEN hearings, a consideration much less ap- because of security concerns, allowing and I, as chairman and senior Demo- proval by an authorizing committee. only national elections to take place crat respectively of the Senate sub- Limits on independent counsel exon September 14. These municipal elec- committee with jurisdiction over the penses were enacted in the last Con- tions are currently scheduled for No- independent counsel law, immediately gress with bipartisan support. No case vember, but many observers feel they expressed our joint opposition to the has been made for repealing these lim- should be postponed until the spring of provision. We thought that bipartisan its. Many would say that limits on ex- opposition from the authorizing com- 1997. My question is what kind of U.S. penses are needed more than ever. This mittee would be enough to prevent troop commitment will the Adminis- issue needs to be revisited.∑ such a last-minute circumvention of tration be looking for if the elections f the committee system. But we were are postponed? And when do they in- wrong. The provision somehow got in- FIVE CHALLENGES FOR PEACE: tend to notify the Congress of their cluded in the bill and is now law. UNFINISHED BUSINESS IN FOR- plans? It is a mistake in process and sub- EIGN POLICY I know that many of these questions stance. ∑ Mrs. KASSEBAUM. Mr. President, will be answered at today’s hearing be- In simplest terms, the issue relates for the past 18 years, I have been privi- fore the Armed Service Committee. to holding down the cost of independ- leged to watch the march of world his- But I also would like to remind my col- ent counsel investigations. In particu- tory from the vantage point of the U.S. leagues here, and at the Department of lar, it has to do with commuting Senate. The world has changed dra- Defense, that the Senate Foreign Rela- costs—whether and how long independ- matically in my time here. tions Committee continues to have a ent counsels and their staff can use We live in an era of great transition significant interest in the details con- taxpayer dollars to pay for transpor- from a terrible cold war order we un- cerning any deployment of U.S. troops. tation and living expenses when they derstood to a new order we do not yet I think it is fair to assume that if the reside in one city and agree to pros- know. We are, to borrow from Dean Administration expects to have Con- ecute one or more cases in another Acheson’s trenchant phrase, ‘‘present gressional and public support, as it has city. at the re-creation.’’ said in public testimony, then it should The issue arose in the context of the As I prepare to leave the Senate, I make some effort to consult with all Iran-Contra case. In that case, the want to offer some parting thoughts on the relevant committees before its independent counsel, Lawrence Walsh, unfinished business in American for- plans are announced in the morning chose to continue living in his home- eign policy and five challenges we must newspaper. town of Oklahoma City, while pros- meet in coming years. A year ago—in October 1995—I asked ecuting cases based in Washington, DC. I. INFRASTRUCTURE FOR PEACE whether or not the U.S. would be able There was no law against it, but when The principal challenge of our time is to withdraw troops from IFOR in De- the bills came in for his hotel, airfare, to re-engineer the structures that can cember 1996, as the administration said and other living expenses, plenty of sustain the peace we have won. From then, even if the mission clearly had loud complaints followed. Some point- the institutions and alliances of the not been successful. ed out that any other Federal prosecu- cold war, we have inherited an unprece- I had my doubts then that the stated tor who agreed to prosecute a case in dented infrastructure for peace. goal—ending the fighting and raising another State would have to move That infrastructure rests on three an infrastructure capable of supporting there—taxpayers would not be required pillars. Each must be strengthened. a durable peace—would be doable in 12 to pick up their hotel and transpor- The first pillar is the only worldwide month’s time. I foresaw a danger that tation expenses. Then Senator Dole institution focused on international conditions would remain so unsettled was in the forefront of the critics call- peace and security—the United Na- that it would then be argued that it ing for reform, criticizing Mr. Walsh tions. would be folly—and waste—to with- for ‘‘spend[ing] most of his time in We need to rebuild the consensus, draw on schedule. Oklahoma.’’ These commuting ex- both domestically and internationally, My concerns and hesitations of 1 year penses were a prominent part of calls on what we want the U.N. to be and ago can only be compounded by the for legislation to tighten controls and what we want it to do in the inter- fact that additional troops are being reduce the cost of independent counsel national system of the 21st century. I deployed to Bosnia—perhaps even as I investigations. believe we must build this consensus speak—without the Congress having In 1994, the Congress responded to among the major donor countries and been notified in advance.∑ these criticisms by enacting legislation powers. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12343 For too long, the United Nations has tures can best protect peace and stabil- sive review of its missions and needs tried to do too much for too many and, ity throughout the region well into the since the cold war’s end, we have not as a result, has outgrown the bounds of next century. undertaken such an authoritative re- its legitimacy. I believe the basis for II. ARMS CONTROL AND NON-PROLIFERATION view of our diplomatic interests and consensus is a return to the core func- In addition to repairing the institu- needs. tions that we need the United Nations tions for peace, I believe we must do So we stumble along with no objec- to do—refugees, nuclear inspections, more to control the weapons of war. tive to guide our way, our debates on health, and security, for example. And That is our second challenge. diplomacy—to the extent we have it may well be time for the United Na- I believe it is an indispensable ele- any—driven largely by budget factors tions to get out of the development ment in America’s long-term security and the vagaries of domestic politics business entirely and leave that work strategy. We face two types of chal- rather than by any sober assessment of to other institutions better suited to lenges in dealing with the threat posed what diplomatic tools and structures the task such as the World Bank and by weapons of mass destruction. we need to secure our national inter- International Monetary Fund. First, we must reduce the numbers of ests. When we have consensus on what the these terrible arms that exist on the I believe our diplomatic spending United Nations should do, we then will face of the Earth. This means fully im- should be driven by our interests, and I need a dramatic restructuring of the plementing START I and START II, would urge a Bottom-Up Review of our U.N.’s institutions and bureaucracy to both here and in Russia. It means es- diplomatic needs. meet its new, narrow focus. This will tablishing and implementing a regime At the same time, I have come to be a dramatic shake-up of the United to control and destroy chemical weap- fear that in recent years, the quality of Nations that can only be driven by its ons stockpiles. It means continuing to the U.S. foreign service has slowly de- most powerful member states. It will press for universal adherence to a com- teriorated. We have too often failed to require the leadership of current heads prehensive ban on nuclear testing. It attract and keep top-quality officers, of state and government, as well as also means that America must be will- rewarded mediocrity, and allowed am- other international figures of stature. I ing to foot much of the bill whenever bassadors to be excluded from the pol- imagine this to be analogous to the necessary—the cost of destroying icymaking process. We have some tre- process that led to the San Francisco weapons abroad by agreement is far mendously capable foreign service offi- Conference in 1945 where the Charter less than the cost of having to destroy cers, but unfortunately we also have was signed. them by war. ample room for improvement. I believe The second pillar consists of the in- Second, we must contain and secure comprehensive foreign service reform stitutions for international economic stockpiles and prevent the spread of is long overdue. development, reform and growth. The these weapons. Our recent efforts to re- IV. NATIONAL ENERGY POLICY World Bank, the International Mone- trieve unsecured nuclear material from tary Fund, and the new World Trade abroad and bring them to the United Our fourth foreign policy challenge Organization have important capac- States should be expanded. We should must be addressed here at home. The ities that our bilateral development remain committed to efforts of the time has come for America to devise programs simply do not. They can en- Nunn-Lugar program to secure stock- and implement an energy policy that courage and even compel the kind of piles throughout the former Soviet will reduce our reliance on foreign oil. fundamental changes in outdated and Union. And we must always remain We now rely on foreign sources for inefficient economic systems abroad fully committed to strict enforcement more than half our oil—significantly that ultimately promote self-suffi- of the nuclear Non-Proliferation Trea- more than during the energy crisis of ciency. And they can set and police ty. the 1970’s. From Nigeria to Central uniform standards for economics and The threat to our security from Asia, this dependence skews our for- trade that promote America’s long- weapons of mass destruction is grow- eign policy priorities—and, with many term interests in certainty and stabil- ing, not declining. Critics of arms con- of the world’s new oil fields in China ity. trol in general, or of specific arms con- and Russia, we can ill afford that pat- Yet, we have fallen behind sustaining trol agreements, must always be held tern to be repeated. our key contributions to these organi- to answer a single difficult question: If The Middle East is the prime exam- zations. For example, we continue to you oppose our approach, then what ple. Our dependence has led, for exam- lag behind in our contribution to the would you do to diminish the urgent ple, to American commitments in that World Bank’s soft-loan window, the threat to our country? In my view, region that far exceed what we would International Development Associa- that is where critics of the Chemical undertake but for the 15 million barrels tion. As we consider trade-offs among Weapons Convention have fallen short, of oil that leave the Persian Gulf each our foreign policy budget expenditures, and I hope the Senate will ratify that day. I believe that sustaining our contribu- important agreement early next year. During my time in the Senate, we tions to these organizations should III. TOOLS OF DIPLOMACY have sent Marines to Beirut, escorted move to the top of our priority list for The third challenge we must meet is Kuwaiti tankers through the Straits of international affairs spending. to maintain a diplomatic capacity Hormuz, fought a major land war in The third pillar is America’s alli- strong enough to secure our many na- the region, and subsequently rede- ances. I continue to believe that we tional interests abroad. ployed troops at least twice. We also must find new consensus on the pur- We live in an age of exceptional nu- have established an ever-expending web pose of our principal alliance, the ance, diversity, and subtlety in foreign of formal and informal security com- North Atlantic Treaty Organization. policy, and we must learn patience and mitments that may ultimately exceed The halting and ad hoc approach that the limits of our influence. This is par- our capacity to uphold. ultimately led to NATO intervention in ticularly apparent in Africa—a con- And our commitments in that oil- Bosnia, is decidedly not the type of tinent of special interest to me—where rich region continue to grow. Before shared purpose that can sustain a close America has many interests that can the 1991 gulf war, we had only a few alliance over the long term. I, for one, only be defended by diplomatic means. thousand troops in the region and no remain skeptical that we should pro- But our diplomatic interests are institutional presence. Today, we have ceed with admitting new members to truly worldwide. In just the past 6 nearly 20,000 troops in the area more or NATO before the alliance finds its new years, 25 new states have entered the less permanently, including about 6,000 role. international community. The end of ground troops and a carrier task force. At the same time, the United States the Soviet empire has left us with We are expanding military facilities in must give serious thought to the struc- many more power centers to deal with Saudi Arabia, Bahrain, Qatar, and the ture of its alliances in the Pacific. Be- and far more nuance to understand. Emirates, and we have expanded our yond our close alliances with Japan Yet, while the military had its Bot- presence in Turkey. We are spending and South Korea, we must consider tom-Up Review, and the intelligence some $40 billion each year to support what type of expanded alliance struc- community has undergone comprehen- our military operations in the region. S12344 CONGRESSIONAL RECORD — SENATE October 3, 1996 The Middle East is an important re- decisions by the Forest Service and by in Washington. Some chose to fight it gion in its own right. But no honest ob- a lower Federal court, ejected trucks out in the courts. I chose to initiate a servers could believe that our tremen- from the portages several years ago. process which would allow Minnesotans dous commitments there would exist This rider was designed to again allow to talk it out, and then bring their rec- without the region’s oil riches. The anglers and others to portage boats by ommendations to the Minnesota con- risks we have undertaken because of truck from one lake to another in the gressional delegation for ratification. oil are large indeed. BWCA. Now, they are required to use I’m proud of that choice. I think it The answer to this difficult problem alternative means to transport their was the responsible thing to do, the is not just drilling for more oil here at boats across these portages. right thing to do. I think most Min- home—for, at best, that can only delay As I have said, I would be willing to nesotans agree with that, and that the the inevitable. The answer is a signifi- consider changes to the current status recent successes in mediation are bear- cant and sustained effort to integrate of the portages, as long as it is part of ing that out. I know that some people alternative energy sources into the an overall, agreed-upon resolution of in northern Minnesota disagree—some mainstream of our national economy. the many BWCAW issues on the table fiercely—and are concerned that their The time has come for America to pro- in the Federal mediation process un- interests won’t be protected in the me- mote development of conservation and derway in Minnesota. I am hopeful that diation process. I want to make them a alternative energy sources as a matter such an agreement can be reached guarantee today: your interests and of national security. soon. views are represented in mediation, V. TRANS-NATIONAL ISSUES Mr. President, let me be clear. On and they will be carefully considered The final foreign policy challenge is many of the issues which have arisen by me here in the U.S. Senate. I will to come to grips with trans-national in the BWCA and Voyageurs disputes, I press hard to make sure that every threats, many of which have no human believe the people of northeastern Min- voice in my State, including those form. New diseases and large-scale en- nesota have legitimate grievances, and whom I respect and have worked with vironmental degradation may have ori- that they should be addressed as for so many years in northern Min- gins far from our shores, but their ef- promptly and effectively as possible. I nesota, are heard in this process. The fects touch the lives of Americans. have worked over the years to make Federal Mediation and Conciliation Similarly, international criminal orga- sure that when other land and lake use Service prepared carefully for the proc- nizations, including drug traffickers, issues in the region—including snow- ess for months before it actually start- can assault our citizens and our secu- mobile use, lake levels, trails, and ed, interviewing hundreds of Minneso- rity from locations outside the United other matters—have arisen, they are tans to make sure that all interests States. addressed as swiftly as possible. were represented at the table, and to For years, many of the people of Combating these threats will require guarantee an open, broadly northern Minnesota have believed that that we work on many levels. We must participatory process. the Park Service and Forest Service I am very grateful to the Mediation work together with friends and allies have not been listening to them. Too Service, and to all those Minnesotans abroad. We must encourage and help many feel that they have offered con- who have volunteered their time and countries that host these threats to structive solutions to disputes and talents to this mediation effort. I know combat them, which means we must problems which have arisen, and yet it is not always easy to put yourself on come to better understand the impor- often those solutions have been ig- the hotseat with friends, neighbors, tant relationship between overseas de- nored, or rejected, by those who man- and townspeople who might disagree velopment and our own national inter- age the wilderness and the park. That’s with you, and to try to work out mutu- ests. And we must better integrate the why I think it’s important that some ally agreeable solutions to major dis- work of different agencies of our own means of expanding meaningful citizen putes such as those which have brewed Government so that America speaks input, which must be taken into ac- over the BWCAW and VNP for many with a single voice and acts decisively count and then responded to by the years. This kind of willingness to work to protect our interests. Park Service and the Forest Service, is at a local level to resolve disputes is an CONCLUSION important. Months ago, I indicated admirable act of responsible citizen- Mr. President, these are five that I would support a new mechanism ship, an act of faith in the ability of daunting challenges. They come at a to ensure that kind of regular, concrete neighbors to work together, and an act time when the role of world affairs in citizen input, and I hope that the nego- of hope that future generations will ap- American public and political dis- tiators will consider including a pro- preciate the legacy of a lasting solu- course has diminished substantially. posal on this issue in their package of tion that protects these important re- All of us are tempted to focus less on recommendations to Congress. sources. I will be talking at greater foreign policy or to try to view it There has been no action on any of length about these people shortly. through a domestic lens. But I believe the bills introduced this year on The BWCA mediation group met last that would be a mistake. BWCAW and Voyaguers because they Thursday and Friday, and will be meet- The public may not be demanding a did not reflect a policy consensus in ing again soon to address, among other renewed focus on foreign policy, but our own State, much less in the Nation matters, the portages. They have al- our national interest is. These chal- as a whole. I am hopeful that in the ready agreed on several recommenda- lenges to America’s future demand se- coming months, and certainly by early tions to be made to the congressional rious attention from serious minds. next year, there will be such a consen- delegation, as part of a larger package I am optimistic we will meet them.∑ sus reached in our State, through the of proposed changes to be ratified by f mediation process which I initiated, them later. I am hopeful they will convened by the Federal Mediation and make further progress on the portages, BOUNDARY WATERS AND VOYA- Conciliation Service, which has been and other issues, in the coming weeks. GEURS DISPUTES SHOULD BE making real progress in recent months. I have a few articles from last week’s RESOLVED THROUGH MEDIATION That mediation process is broad- newspapers in Minnesota that I will IN MINNESOTA based, open and public, and includes ask to have printed in the RECORD fol- Mr. WELLSTONE. Mr. President, as people representing all those compet- lowing my statement, along with let- we bring this Congress to a close, it is ing interests which have made these ters and other information on the dis- clear now that there will be no legisla- disputes so difficult to resolve over the pute and on the mediation process tive action this year on changes to the years. One of the reasons, I think, that which demonstrate the broad support Boundary Waters Canoe Area Wilder- they have been so tough to resolve is mediation has garnered within our ness or Voyageurs National Park, even that too often those involved have cho- State as the most reasonable, sensible on a limited legislative rider which sen to try to fight it out, rather than way to resolve these disputes. These would allow trucks back onto certain to talk it out over a table in Min- documents should be able to give peo- portages within the BWCAW. A Federal nesota, in a search for common ground. ple looking back on this dispute a bet- appeals court, overturning a series of Some chose to try to fight it out here ter understanding of the history of this October 3, 1996 CONGRESSIONAL RECORD — SENATE S12345 dispute, and of how the mediation proc- Minneapolis; John Ongara, Duluth; reached an agreement with the Federal Me- ess is designed to work. Stuart Osthoff, Ely; Bob Schultz, Ely; diation and Conciliation Service (FMCS) to As I’ve said, this sensible mediation Paul Shurke and Laurie Larson, Ely; facilitate a formal mediated dispute resolu- process, which enjoys the support of a tion process to help resolve land use disputes Barbara Soderburg, U.S. Forest Serv- in the Boundary Waters Canoe Area Wilder- large majority of Minnesotans, and of ice, Duluth; George Sundstrom, Du- ness (BWCAW) and Voyageurs National Park the Clinton administration, is already luth; Rolf Thompson, Ely; Rod Sando, (VNP). Preparations for the process, which is producing results—including agree- Minnesota DNR. to begin immediately, are already underway. ments on issues in Voyageurs and in And those involved in the Voyageurs ‘‘I have said for months that I want to the BWCA mediation groups—that National Park mediation: Beverly Al- avoid another statewide battle over land many believe bode well for further exander, Minneapolis; Phillip Byers, management issues in the BWCAW and agreements on both disputes. Voyageurs National Park. I believe there is a Long Lake; Chuck Dayton, Minneapo- need for a coordinated, statewide mediated In addition to the few agreements lis; David Dill, Orr; Ron Esau, Inter- dispute resolution effort to bring Minneso- reached so far on the BWCA, just in the national Falls; Oliver Etgen, Virginia; tans together to identify mutually accept- last few days the mediation team on Jeff Mausolf, Duluth; Brian O’Neill, able approaches to these issues. We in Min- Voyageurs announced a couple of Minneapolis; Paul Stegmeir, Ely; Tim nesota can do better than we have in the agreements on strategies to handle Watson, Ray; Barbara West, Voyageurs past on these issues, and I intend to do what problems in the park having to do with National Park Superintendent; David I can to make sure that happens,’’ Sen. public safety, improved Park Service Wellstone said. Zentner, Duluth; Rod Sando, DNR. FMCS will provide a team of experienced, consultation with local people, and From the mediation service, I am neutral mediators to craft a process that is other issues. It is becoming clearer grateful to Director John Wells and his fair, impartial, goal-oriented, and that al- each day that the mediation process is very able and professional staff, both lows all interested parties in Minnesota a making real progress and has gained here in Washington and in the midwest chance to be heard—and to listen to one an- wide acceptance throughout the State. regional office in Minneapolis. They other—about the issues in dispute, their I have opposed all of the earlier legis- have dug into this project with great goals, and their recommendations to resolve lation introduced on the BWCA—in- skill and energy and commitment, and longstanding controversies. Questions re- cluding strongly opposing the bill of- I believe the people of our State owe garding who would actually be represented in the process; the scope, timing and format fered by Congressman VENTO—because them a great debt. of the discussions; the ultimate result of the I thought a mediated solution was The U.S. Forest Service and Park process, including the nature and form of more likely to be durable, and to gain Service have been most helpful in this recommendations to federal agencies and broad acceptance by Minnesotans, than process as well, helping to fund the me- lawmakers; and other similar issues would approaches developed in Washington diation effort, providing technical ad- be answered through consultation with the without broad, bipartisan support in vice and assistance, and agreeing to parties. Minnesota. As I have said consistently, have their principal representatives in ‘‘I have discussed this idea with Congress- I agree with the large majority of Min- men Oberstar and Vento, who as you know the state actually participate in the have been leaders on these issues for dec- nesotans who believe, as polls continue talks. I think their participation and ades,’’ Sen. Wellstone said. ‘‘No one should to show, that the mediation process cooperation have been essential, and be surprised that we now have competing underway in Minnesota is by far the that it will make for a much more du- legislative proposals from Congressmen more sensible and appropriate way to rable resolution of these disputes. Oberstar and Vento representing their sharp- resolve these disputes, and to develop There are, of course, many others ly divergent views on these public lands is- durable solutions that will last not for who have worked for countless hours to sues. While they differ on the best way to weeks, or months, or even a few years, craft a balanced, fair, open mediation manage these public lands, they have indi- but for a generation or more. process and to make sure mediation cated their support for my initiative. The Let me publicly take a moment to specific legislation proposed by Congressmen provides a credible, effective forum for Oberstar and Vento and discussed by Senator specifically thank all of those who working out disputes. I am grateful to Grams will not be the focus of the mediation have been involved in this mediation all of them for helping with this effort. process. Rather, the process will focus on the process, and who have already dedi- I will be monitoring the mediation issues identified by the parties themselves. cated so much time and effort to re- process closely in the coming weeks, Like Congressman Oberstar’s bill, Congress- solving these disputes. They are, in a and I hope they will be able to develop man Vento’s legislation could undermine sense, the people who are helping to a sound set of recommendations to for- this mediation process, and therefore I do create a new future for the BWCA and not intend to support either bill.’’ ward to Congress as soon as possible. I The mediation process, explains Wellstone the VNP, helping to resolve longstand- would like to be able to have a package in his letter, is designed to prevent these his- ing disputes through a process which of agreed-upon legislative rec- torically contentious land use issues from ensures that all interests in Minnesota ommendations ready for introduction further diving the state. ‘‘Throughout my are represented. early in the 105th Congress. time in the Senate, I have held firm to the First, let me thank those from Min- I thank you, Mr. President, for this belief that locally-developed recommenda- nesota who are actually participating time. I hope this brief statement, along tions are likely to be more effective, and in mediation. I hope I have a complete with the accompanying information, more durable, than those imposed from outside. Bringing Minnesotans to the table as list; if not, I apologize in advance to will give my colleagues some sense of anyone I may have missed. I will not part of a participatory process that takes in what has been happening in my State account the needs and interests of all in a go into detail about the background recently on BWCAW and Voyageurs search for common ground is my goal.’’ and expertise of each person, but I National Park, and the significant Wellstone observed that unlike 20 years know they each have a story to tell progress that has been made so far in ago, today there are new tools available to about how and why they are involved the mediation effort to resolve disputes help develop durable land use solutions, in- in this process, and each have made im- there. I hope they will work with me cluding new forms of public, mediated dis- portant contributions to the process. and my House and Senate colleagues pute resolution that have proven effective in some of our nation’s most controversial land Let me first list and thank publicly, from Minnesota to craft a comprehen- on behalf of all Minnesotans, the par- use disputes, even those where people be- sive, durable solution to these disputes lieved at the outset that there was little ticipants in the BWCA mediation: Barb early next year. chance for a productive discussion between Bergland, from Ely; Mitch Brunfelt, I ask that the material I referred to the parties, much less for developing mutu- from Mountain Iron; Chuck Dayton, earlier in my remarks be printed in the ally agreed-upon solutions. Minneapolis; Arthur Eggen, Crane RECORD. For example, in one particularly heated Lake; Tony Faras, Grand Marais; Paul The material follows: case, a strong disagreement over the use of off road vehicles in the Cape Code National Forsman, Ely; Mike Furtman, Duluth; EXHIBIT 1 Bill Hansen, Tofte; Leon Jourdaine, Seashore in Massachusetts was successfully SEN. WELLSTONE ANNOUNCES DETAILS OF FED- addressed through dispute resolution. In an- Lac La Croix First Nation, Fort ERAL MEDIATION PROCESS TO HELP RESOLVE other case, ranchers and wilderness advo- Francis, Ontario; Alden Lind, Duluth; BWCAW/VOYAGEURS DISPUTES cates in New Mexico and Arizona used dis- Ted Merschon, Grand Marais; Gretchen WASHINGTON, DC.—U.S. Senator Paul pute resolution to help resolve fierce dis- Nichols, Minneapolis; Brian O’Neill, Wellstone today announced that he has agreements on rangeland management. S12346 CONGRESSIONAL RECORD — SENATE October 3, 1996 Sen. Wellstone, who fully supports ex- mat of the discussions; the ultimate result of ing. I am sure you know that broad based panded citizen participation in the manage- the process, including the nature and form of support and a willingness by all affected par- ment of these lands, observed that a ‘‘Min- recommendations to federal agencies and ties to participate in open, honest, problem- nesota solution’’ is likely to be more effec- federal lawmakers; and other similar issues solving dialogue focused on defined objective than one imposed from Washington. would be answered through a consultative tives are some of the factors critical to the ‘‘Given the current deep divisions on these process that would involve decisions arrived success of these processes. Some of these issues within our state, I believe that propos- at by the parties. I have instructed my staff matters can be coordinated with your staff, als to resolve BWCAW and VNP disputes to provide further background to FMCS staff our Washington ADR office and Minneapolis that are developed in Minnesota, by Min- that would be helpful in getting the process regional headquarters; others will be worked nesotans, are more likely to be accepted by underway, and to help identify key stake- out by the parties themselves within the all parties, and as a result be more durable, holders in the state who should be consulted. context of the ADR process. than those developed in Washington without My staff has contacted Administration offi- I appreciate the confidence you have ex- adequate efforts to bring Minnesotans to- cials to discuss funding support for this proc- pressed in the expertise and experience of gether first to try to develop a consensus,’’ ess, and I will continue to work to ensure our staff. We look forward to working with Sen. Wellstone concluded. that FMCS is compensated appropriately for the interested parties in Minnesota, helping the process. them to identify real, durable solutions to U.S. SENATE, I believe this approach provides an oppor- these ongoing disputes. Washington, DC, May 6, 1996. tunity to bring Minnesotans together to de- Respectfully, JOHN CALHOUN WELLS, Director, velop mutually agreed-upon solutions to JOHN CALHOUN WELLS, Federal Mediation and Conciliation Service, some of our most complex and longstanding Director. Washington, DC. controversies. I have dedicated much of my DEAR JOHN: As we discussed recently by adult life to ensuring broad local input in FIFTY YEARS OF CONFLICT RESOLUTION phone, I am writing to formally request that public policymaking, and I believe this proc- The Federal Medication and Conciliation the Federal Mediation and Conciliation ess is most likely to guarantee that result. Service, (FMCS) is an independent agency of Service (FMCS) facilitate an alternative dis- Bringing Minnesotans to the table as part of the United States Government created by pute resolution process in my state regard- a broad-based, participatory process that Congress in 1947 to provide mediation and ing land use issues in the Boundary Waters takes into account the interests of all stake- conflict resolution related service to its cli- Canoe Area Wilderness (BWCAW) and in holders in a search for common ground is my ents. These services are delivered by the Voyageurs National Park (VNP). I under- goal. agency’s nearly 200 full-time mediators who stand that your staff have indicated a will- Thank you for your consideration. I look operate in 78 field offices located throughout ingness to facilitate such a process; I am forward to hearing from you. the country. The primary focus of FMCS’s writing to confirm that agreement and to Sincerely, work is on labor-management relations, me- outline briefly my hopes for the process. PAUL DAVID WELLSTONE, diating contract negotiation disputes be- For many years, land use disputes in our United States Senator. state, especially those focused on the tween companies and the unions representing their employees, and providing training BWCAW and VNP, have generated con- FEDERAL MEDIATION AND in cooperative processes to help build better troversy and pitted one group against an- CONCILIATION SERVICE, other. Last year, two congressional over- Washington, DC, May 7, 1996. labor-management relations. Additionally, FMCS was authorized under the Dispute Res- sight hearings were held in Minnesota on the Hon. PAUL D. WELLSTONE, use of these resources. From those hearings, U.S. Senate, olution Act of 1990 to share its expertise in and numerous subsequent discussions with Washington, DC. all aspects of mediation, facilitation and my constituents, it has become clear that DEAR SENATOR WELLSTONE: In response to conflict resolution with federal, state and these land use issues continue to have a tre- your recent letter and confirming ongoing local governmental bodies and agencies. mendous potential to divide our state. discussions between members of our staffs, With the increasing awareness of the con- Minnesotans hold differing visions of how the Federal Mediation and Conciliation cept and benefits of conflict resolution in the to be responsible stewards of these resources, Service would be pleased to serve as general public, the terms mediation and Al- and how to manage them sustainably with facilitators in the land use Alternative Dis- ternative Dispute Resolution (ADR) have be- due attention to their varied uses. But what- pute Resolution (ADR) process on the issues come nearly synonymous. At FMCS, ADR is ever their views on land use, Minnesotans in dispute regarding the use of the Boundary used to describe a variety of joint problem- can agree that the BWCAW and VNP are Waters Canoe Area Wilderness (BWCAW) and solving approaches which can be used in lieu unique, world-class natural resources that Voyageurs National Park (VNP). of more formal and often expensive court- must be preserved for future generations. Considering the contentious history of room litigation, or as an alternative to agen- That is the common ground from which all some of these land use issues, we agree that cy adjudication and traditional rulemaking. discussions on these issues should begin. this multi-party dispute, with its numerous These processes usually involve the use of a I believe there is a need for an effort to interests, could lend itself quite well to the neutral third party to help disputants find bring Minnesotans together now to achieve kind of interactive, mediated ADR process mutually-acceptable solutions. Services are mutually acceptable proposed solutions to which you described in your letter. Alter- based on the specific needs of the parties, the land use problems that have been identi- native dispute resolution has been success- and can include dispute resolution assist- fied. Such proposed solutions would then be fully employed to resolve many longstanding ance, systems design and training for agency forwarded in the form of recommendations natural resource controversies across the personnel. to appropriate federal agencies, and to fed- country, including some where many be- An area of our ADR practice receiving eral lawmakers in the state Congressional lieved at the outset that there was little wider attention and use is regulatory nego- delegation. In my judgment, proposed solu- chance for productive discussions between tiation. The Negotiated Rulemaking Act of tions developed in Minnesota, my Minneso- the parties, much less for developing mutu- 1990 authorizes the agency to use its medi- tans, are more likely to be accepted by all ally agreed-upon solutions. ation services to improve government oper- parties, and thus be more durable, than FMCS has helped to facilitate a number of ations. FMCS assists American citizens and those which might be developed in Washing- such complex multi-party land use dispute government in the regulatory process by ton without adequate efforts to bring Min- resolution processes in the past, and we are bringing the regulators and those who will nesotans together first to try to develop a hopeful that this process will lead to simi- be affected by regulations to work together consensus. Without such a dispute resolution larly positive results. I understand that one in the formulation of proposed rules through process, I fear that the issue in dispute could of your primary goals involves a set of for- negotiation. As a neutral third-party, FMCS quickly become a ‘‘political football,’’ to be mal recommendations for action that would convenes and facilitates complex, multi- manipulated by those in the state more in- be forwarded from the group to appropriate party rulemaking procedures to help produce terested in polarizing the debate than in federal agencies and lawmakers once the draft rules by consensus. finding real and durable solutions. process is completed. FMCS’s has been providing ADR service for I envision a straightforward mediated dis- My ADR Services staff have informed me over twenty years, dating back to the early pute resolution process, to be initiated im- that experienced mediators from our Upper 1970’s when the agency was asked to mediate mediately. I would rely on the expertise and Midwest Region will make themselves avail- a land dispute between the Navajo and Hopi experience of your staff to structure such a able to lead this project. I understand our Indian tribes. In the early 1980’s, FMCS fa- process, ensuring that it is fair, impartial, staffs have begun to lay the groundwork for cilitated the first regulatory negotiations goal-oriented, and allows all interested par- this process; we appreciate your willingness held by the Federal Aviation Administra- ties in Minnesota a chance to be heard—and to assist us by offering key background in- tion. Regulatory negotiation activity in- to listen to one another—about the issues in formation and helping us to identify key increased throughout the decade, with FMCS dispute, their goals, and their recommenda- terested parties in these disputes. As we involved in negotiations held by the Depart- tions to resolve longstanding controversies. move forward, careful consideration should ments of Transportation, Agriculture, Labor I would assume that questions regarding be given to convening the process, subse- and others. FMCS also began providing medi- who would actually represent interested par- quent meetings, expected outcomes, rec- ation services for Home Owner Warranty dis- ties in the process; the scope, timing and for- ommendations, and appropriate agency fund- putes and in training volunteer mediators October 3, 1996 CONGRESSIONAL RECORD — SENATE S12347 for the Farm Credit Administration. Since Washington, DC, September 16, 1996. agement. In fact, we believe that it will only then, FMCS has become a leading authority Hon. WILLIAM J. CLINTON, serve to increase the polarization of the var- on the design, delivery and implementation President of the United States, The White ious interests. of dispute resolution techniques and sys- House, Washington, DC. The BWCAW is the largest wilderness east tems. FMCS has assisted Federal agencies in DEAR MR. PRESIDENT: We are about to con- of the Mississippi, consisting of over one mil- settling disputes in a variety of fields, include action on H.R. 1296, a bill to provide lion acres of lakes, streams, and forests. It cluding complex regulatory and environ- for the administration of certain Presidio extends nearly 150 miles along the inter- mental matters, equal employment, and edu- properties at minimal cost to the Federal national boundary adjacent to Canada’s cational grant disputes and enforcement taxpayer. As you may know, a number of Quetico Provincial Park, creating a natural, matters. popular and also controversial measures water-based international treasure, unparal- have become part of the conference discus- leled in the world. It is also the most heavily FMCS AND MULTI-PARTY NEGOTIATIONS sion; therefore, this bill is now known as the used wilderness in the United States. The Federal Mediation and Conciliation Omnibus Parks legislation containing well S. 1738 would make several significant Service (FMCS) is an independent agency of over 100 specific legislative provisions. changes in the current management of the the United States Government created by Among the controversial issues discussed BWCAW. The bill would expand the area Congress in 1947 to provide mediation and for inclusion in this conference report are open to use of motorboats, exempt a certain conflict resolution related services to its cli- the Senate-passed grazing reform legislation, class of visitors from limits established on ents. These services are delivered by the S. 1459; reforms to the management of the numbers of visitors, provide for reopening agency’s nearly 200 full-time mediators who Boundary Waters Wilderness, S. 1738; Ster- three portages to motorized use, and estab- operate in 78 field offices located throughout ling Forest Protection Act, S. 223; S. 884, the lish a planning and management council. the country. The primary focus of FMCS’s Utah Public Lands Management Act; S. 1877, Section 3(a) would amend the 1978 law work is on labor-management relations, me- the Ketchikan Pulp Company contract ex- which established the wilderness (P.L. 95–495) diating contract negotiation disputes be- tension; and S. 1371, the Snow Basin Land by removing limits on motorboat use on five tween companies and the unions represent- Exchange, which is necessary for the winter lakes. These are very large lakes and this ing their employees, and providing training olympics. change would increase the average of water in cooperative processes to help build labor- We are about to file a conference report on surface open to motor use from approxi- management relations. Additionally, FMCS this omnibus legislation, and it is important mately 21 percent to 31 percent of the total is authorized under the Administrative Dis- that we have your views. Because of your in the wilderness. Allowing nearly one-third pute Resolution Act of 1990 to share its ex- Administration’s long-standing opposition, of the area to be open to motorized use is a pertise in all aspects of mediation, facilita- we are prepared to propose excluding the very large proportion for an activity not nor- tion and conflict resolution with federal, grazing reform legislation, any Utah Wilder- mally allowed in units of the National Wil- state and local governmental bodies and ness proposals, and several other controver- derness Preservation System, and would be a agencies. sial measures to which the Administration significant change in the wilderness setting. Mediation is participation by a neutral has expressed opposition. Attached is a list Section 3(b) would change the definition of third party in a dispute or negotiation with of measures we propose for inclusion in the a ‘‘guest’’ from someone who stays over- the purpose of assisting the parties to the conference report. Among these measures, night, to someone who is a guest of a home- owner or has purchased or rented goods or dispute in voluntarily reaching their own we feel the need to include two items which services from a resort owner. This change is settlement of the issues. A mediator may your Administration has expressed opposi- significant because the 1978 Act exempts make suggestions, and even procedural or tion to in the past. One is the extension of those who are ‘‘guests’’ of homeowners or re- substantive recommendations. the Ketchikan Pulp Co. contract, S. 1877; and sort owners from limits on use. This change FMCS has provided mediation services in the other is a proposed compromise on the in definition would, in effect, eliminate the numerous public policy disputes and regu- Boundary Waters Canoe Area which would latory negotiations. The results have been current limits on motorboat users. allow motorization on three portages, but Section 3(c) would provide for reopening extremely positive. By formulating rules and nothing more. three portages to motorized use that were policies in a public negotiating process, po- It is important that we have your views on closed by court order several years ago. tential or actual antagonists can be moti- this conference report prior to close of busi- Based on use data and informal discussions vated to participate, and become partners in ness on Wednesday, September 18. We are with visitors, our experience since these por- solving a policy problem or controversy over ready and prepared to discuss any of the tages were closed has led us to conclude that public issues. Thus, the likelihood of subse- measures proposed for inclusion in this con- access is not unduly restricted, public needs quent challenges to the agreement is greatly ference report at any time, and our staffs are are being met, and that the quality of the reduced. prepared to provide any additional informa- wilderness setting is improved by the cur- The task of bringing together groups of tion you may need in your consideration of rent status. people, often with competing interests, to this important legislation. Section 4 would establish a ‘‘Planning and reach consensus on complex issues and poli- Sincerely, Management Council’’ with broad authori- cies has proved to be a highly-productive use DON YOUNG, ties to ‘‘develop a monitor a comprehensive of FMCS’ mediators expertise in facilitation Chairman, House Com- management plan for the wilderness.’’ This and joint problem-solving. Not only are the mittee on Resources. is the most disconcerting provision of the results positive and the concept gaining in FRANK H. MURKOWSKI, bill. This management council would have use, but making policy and regulatory and Chairman. overlapping and conflicting roles with the decisions in a public, participatory process is DEPARTMENT OF AGRICULTURE, agency, creating confusion about manage- simply a better way to resolve conflicts. OFFICE OF THE SECRETARY, ment of the wilderness. Under this bill, the FMCS mediators have been involved in the Washington, DC, September 11, 1996. role of the resource professional in managing resolution of many issues using this process, Hon. FRANK H. MURKOWSKI, a national resource under the laws passed by including: Chairman, Committee on Energy and Natural Congress would be shifted to a council con- Disability Access to Airplanes (1988); De- Resources, Washington, DC. sisting primarily of locally elected and ap- partment of Transportation, Vocational Edu- DEAR MR. CHAIRMAN: In light of potential pointed officials. A management council cation Issues (1990); Department of Edu- activity by the Committee on S. 1738, I would only serve to reopen issues, keep the cation, Appalachian Trail/Killington-Pico would like to apprise you of the Administra- controversy alive, and further polarize the Ski Resorts Mergers (1990–91), Developing tion’s deep concerns about S. 1738, a bill ‘‘To various interests. Formula for Member Contributions (1992); provide for improved access to and use of the The Forest Service already has a public in- Farm Credit Administration, Usage of Pes- Boundary Waters Canoe Area Wilderness, volvement process in place, which was used ticides (1993); State of New York, Use of Pub- and for other purposes.’’ extensively during development of the new lic Waterways (1993); State of Tennessee, The Department of Agriculture strongly BWCAW plan, which is the culmination of Subsidized Housing Vacancy Rates (1995); De- opposes enactment of S. 1738. For the reasons several years of seeking the best mix of man- partment of Housing and Urban Develop- outlined below, this bill is unacceptable, and agement options for both the nation and the ment, Water Resources Development in the should it come to the President in its wilderness resource. We need to keep on Tuolumne River/San Francisco Bay Area present form, I would advise him to veto it. track with implementing the plan which (1995); Federal Energy Regulatory Commis- While we are acutely aware of the con- emerged from this process and work through sion, Rail Repair Worker Safety Procedures troversy associated with management of the the remaining issues. Furthermore, the For- (1995); Railway Safety Administration (DOT), Boundary Waters Canoe Area Wilderness est Service is participating in the Federal Indian Self Determination Act (1995); Depart- (BWCAW) for at least the past 50 years, and Mediation and Conciliation Service process ments of Interior/HHS, Equal Employment we understand the concerns of the various for the BWCAW, and I anticipate this effort Opportunity Commission (1995/96), and Dis- interests, we do not believe that S. 1738 of- may help to resolve some of the long-stand- ability Access to Play Areas (1996); Architec- fers a solution to that controversy. The pro- ing issues in the wilderness area. tural and Barriers Compliance Board. visions of S. 1738 would not protect the wil- Notwithstanding my objections to the bill derness resource itself or protect the best in- in its current form, I will work with the U.S. SENATE, COMMITTEE ON ENERGY terests of the national and international Committee to produce an acceptable solu- AND NATURAL RESOURCES, communities which seek a voice in its man- tion to this problem. S12348 CONGRESSIONAL RECORD — SENATE October 3, 1996 The Office of Management and Budget ad- likely the only way to achieve some of these Sadly, the prospects for successful medi- vises that there is no objection to the pres- changes. ation are probably less promising than be- entation of this report from the standpoint While some local groups, such as Conserva- fore the congressional hearings. With the ap- of the Administration’s program. tionists With Common Sense, want to point parent quick and easy death of the Grams/ Sincerely, fingers at Senator Wellstone and conclude Oberstar bills, environmental groups have DAN GLICKMAN, that he has somehow masterminded the the confidence of knowing they can probably Secretary. downfall of the Grams/Oberstar bills, such block any legislative efforts that don’t come claims are wildly over stated. from a mediated settlement. In other words, [From The Pioneer Press Editorial, May 9, The fact is, opposition to the Grams/Ober- they now have less incentive to bargain seri- 1996] star legislation is overwhelming in Min- ously than they did before. It would have nesota, and bipartisan in nature. A MEDIATION WELCOME IN BWCAW DISPUTE been far more effective to use mediation StarTribune Minnesota Poll released Thurs- first. That way, local interests could have Like chicken soup for a bad cold, Sen. Paul day showed that three-quarters of Minneso- still held out the threat of the Grams/Ober- Wellstone’s effort to initiate mediation over tans said they opposed the Grams/Oberstar star bills, if environmental groups showed Minnesota’s All-America land dispute can’t bills, with just 18 percent voicing support. little willingness to compromise. hurt. Seeking new approaches to settling the Compare that to the 69 percent support the As it stands today, the groups that pushed emblematic environmental arguments over poll found for the Vento bill, which further for the quick legislative fix managed to get Voyageurs National Park and the Boundary restricts motor use in the BWCAW and puts their names in the paper, but little else. And Waters Canoe Area Wilderness has attractive much of Voyageurs National Park into wil- unless they change their minds and give me- possibilities. derness status. diation a chance, they have little role to Up front, it is fair to acknowledge that the If supporters of the Grams/Oberstar bills play—other than spoilers. And worst of all, political dynamic of the situation for an in- had any illusions. about passage, or about that leaves most of their members—who I be- cumbent Democratic senator in an election Wellstone’s supposed role in scuttling the lieve never wanted anything more than the year is both deft and apparent. By bringing bills, such poll results should prompt a re-ex- right to use a truck portage or have rel- the Federal Mediation and Conciliation amination. Regardless of Wellstone’s posi- atively easy access to a permt—out of luck Service in to approach the old grievances tion, legislation garnering the support of once again. about the BWCAW and Voyageurs as profes- just 18 percent of Minnesotans was dead on sional mediation has done with other polar- arrival. [The Bemidji Pioneer, July 31, 1996] ized environmental policy cases, Wellstone Grams/Oberstar supporters might also con- MEDIATION ON THE MARK doesn’t have to alienate, for now, the Up sider the fact that a majority of Minnesotans Minnesotans are the best position to decide North Democrats or the Big City environ- agree that mediation is the best approach for a destiny for the Boundary Waters Canoe mentalists. Truth told, we’d be just as glad dealing with the dispute and don’t see Area Wilderness and Voyageurs National as most other folks to let the mediation Wellstone’s position as an attempt to duck Park. And that process, fostered by federal process carry these land-use issues into 1997, the issue. mediators, appears to be headed in the right Wellstone didn’t need to scuttle the bills. softening the tendency to frenzy sure to fol- direction. low Congress’ competing legislative ap- Despite the claims of CWCS spokespeople, U.S. Sen. Paul Wellstone, DFL–Minn., has proaches—neither of which Wellstone sup- Paul Wellstone hasn’t masterminded public taken a lot of flack for his proposal for fed- ports. opinion, or the widespread and bi-partisan eral mediation, including National Repub- We said earlier this week the delicate com- opposition to the two bills. Paul Wellstone lican Senatorial Committee pressure that didn’t prompt Third District Republican promises that created the BWCAW in 1978 Wellstone’s call allows him to completely Representative Jim Ramstead’s loud opposi- still largely make sense and do not need to duck this volatile election-year issue. be dramatically altered. tion to the bills during this week’s testi- Plans outlined this week should prove Local councils that control policy on fed- mony. And he didn’t coax Governor Arne Wellstone right. The Federal Mediation and eral lands are not appropriate whether the Carlson to oppose them either. Conciliation Service recommendations set Nor did he mastermind the Interior De- federal lands are designated as the nation’s up a framework for citizen panels for both partment’s recommendation of a presidential largest water wilderness or are Yellowstone BWCA and Voyageurs issues from more than National Park. veto of the legislation. Nor did he have to convince U.S. Senators, 200 interviews with interested parties. The If mediation can get to some of the fester- like Bill Bradley and others, who have sup- final panels will learn problem-solving tech- ing unhappiness Up North over communica- ported pro-wilderness legislation for 20 years niques and then it will be up to them—fellow tions failures between communities and the or more that they should object to the cur- Minnesotans sitting around a table deciding feds, great, Running parallel to the inevi- rent bills. There are plenty of people in what’s best for important Minnesota re- table political wrangling of trying to legis- Washington happy to speak their mind. And sources. late either expanding the wilderness or you don’t want to get between them and a Current bills in Congress would put those ceding management to county and state microphone. forces at odds—more likely creating a war forces, the mediation process is, at mini- Unfortunately, when groups like CWCS than a mediated settlement all can live with. mum, comfort food. focus the blame on Wellstone, they make Bills by GOP Sen. Rod Grams and DFL Rep. It can’t hurt to try something besides their involvement in this issue look far too Jim Oberstar obviously side with those who choosing sides and fighting it out over access political. There’s been enough politics in want little or no restrictions for an impor- to the north’s unique natural treasures. this issue already. tant natural resource, while a bill by Rep. [Wellstone Virginia, July 20, 1996] Indeed, a strong argument could be made Bruce Vento obviously sides with environmentally conscious Twin Citians who would TIME TO GIVE MEDIATION ITS DUE that it was the national Republican Party that scuttled any legislative deal this year, preserve both areas as their private play- (By Marshall Helmberger) by politicizing the issues through its anti- ground. With the obituaries all but written for the Wellstone attack ads. Democratic senators A recent Star Tribune/WCCO–TV Min- Grams and Oberstar bills, it should be clear made clear last week that they weren’t nesota Poll shows that most Minnesotans to most people that Senator Paul about to sign on to any deal that smelled so want federal mediators to resolve the dis- Wellstone’s mediation proposal continues to strongly like a political smear campaign. pute. They will help, but it will be Minneso- be the best hope for changes in Boundary Of course the Republicans are smart tans making the decisions and not Congress. Waters and Voyageurs National Park man- enough to know that. Those anti-Wellstone That’s the Minnesota way. agement. That has been the case for the day attack ads were the clearest possible sign the senator announced the proposal last that the Republican Congress had no inten- [The Duluth News Tribune, July 17, 1996] spring, and that fact should be that much tion of passing any Boundary Waters or VNP BWCAW BILLS DESERVE TO DIE more obvious after the recent congressional legislation. For the Republicans, this was Americans can relax more when their state hearings. little more than a chance to attack a senator legislatures and Congress are not in session. The bottom line is this: Until Minnesotans they consider to be a major thorn in their So we shouldn’t worry that intra- and inter- can reach a consensus on changes in manage- side. party disputes threaten action on bills to ment of these federal lands, legislative quick While the motivations of Representative alter Boundary Waters Canoe Area Wilder- fixes stand little chance of passage, and even Oberstar are probably more honorable, he ness policy. less chance of resolving the long-term con- nontheless should have known better than to A good case can be made for restoring mo- flicts over these areas. The Grams and Ober- raise political hopes in his supporters about torized portages, but the best long-term so- star bills would have pleased some, but guar- the chances of passage. And despite his offi- lution to the BWCAW and Voyageurs Na- anteed many more years of heated con- cial claims to the contrary, he has made tional Park disputes lies with the mediation troversy and, very possibly, even worse legis- statements critical of mediation. He should process just begun. lation in the future. Perhaps that’s why know better. Such statements provide politi- Battles over how to use these lands near prominent Minnesotans of both parties have cal cover for those who would like to sabo- the Canadian border have gone on for dec- opposed the most recent legislation. tage any mediation effort, apparently to ades: They won’t be settled by the feuding Yes, I, like many others, want to see a re- achieve their political goal of hurting measures introduced by lawmakers from turn of the truck portages. But mediation is Wellstone’s re-election. Minnesota. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12349 Though the second half of 1996 has just sis or transplantation, affecting more CORRUPT BUSINESS PRACTICES.—The Presi- begun, lawmakers consider this the late than 56,000 Americans in 1992.∑ dent shall impose the sanctions described in stages of their session. So opposition by f subsection (b), to the fullest extent consist- three Democratic representatives to bills by ent with international obligations, if the fellow Democrats Reps. James Oberstar and FAIR TRADE PRACTICES ACT President certifies to the Congress that— (1) a foreign person or concern has engaged Bruce Vento seems to doom hopes for pas- ∑ Mr. SPECTER. Mr. President, on sage of any bill in this Congress. in the conduct described in section 104 of the Reps. Martin Sabo, Bill Luther and David Monday, September 30, 1996, I intro- Foreign Corrupt Practices Act of 1977, and Minge urged no action on the legislation duced S. 2165, the Fair Trade Practices such conduct has placed a United States con- that has hurt Sen. Paul Wellstone’s re-elec- Act of 1996. I ask that the full text of cern at a competitive disadvantage, tion hopes. The three lawmakers likely had the bill be printed in the Record. (2) the President has consulted with the partisan gain in mind—but also have com- The bill is as follows: foreign country having primary jurisdiction mon sense on their side. S. 2165 over such conduct in an effort to get the gov- Wellstone’s push for federal mediation of Be it enacted by the Senate and House of Rep- ernment of that country to impose sanctions the land-use disputes makes sense. Contrary resentatives of the United States of America in against such foreign person or concern, to what some partisans continue to say, me- Congress assembled, (3) a period of 90 days has elapsed since the President first consulted with the foreign diation would not let federal bureaucrats SECTION 1. SHORT TITLE. dictate a solution. Mediation will create a This Act may be cited as the ‘‘Fair Trade country, and settlement only if the parties involved agree Practices Act of 1996’’. (4) the country has not taken action against such person or concern. to it. SEC. 2. REPORT BY THE PRESIDENT; SANCTIONS. Even though the battles over best use of (a) REPORT.— The 90-day period referred to in the preced- the area have gone on a long time, many (1) IN GENERAL.—Not later than 6 months ing sentence may be extended for an addi- thoughtful parties to the dispute indicate a after the date of the enactment of this Act, tional 90 days if the President determines willingness to compromise so the can enjoy and annually thereafter, the President shall sufficient progress has been made in con- the natural wonders without worrying what submit a report to the Congress that— sultation with the foreign country to justify the other side is doing. (A) identifies foreign persons and concerns such an extension. The best hope for a solution lies with medi- that engage in foreign corrupt trade prac- (b) SANCTIONS.— ation once the 1996 election is behind us.∑ tices and foreign countries that do not have (1) IN GENERAL.—The sanctions to be im- f in effect or do not enforce laws that are simi- posed pursuant to subsection (a) are as fol- lar to the Foreign Corrupt Practices Act of lows: CLARIFICATION OF THE CREDIT 1977; and (A) PROCUREMENT SANCTION.—The United REPORTING SECTION OF THE (B) contains information regarding— States Government shall not procure, or OMNIBUS CONSOLIDATED APPRO- (i) existing corrupt trade practices of for- enter into any contract for the procurement PRIATIONS ACT eign persons and concerns; and of, any goods or services from any foreign (ii) efforts by the governments of foreign person or concern that engages in the unlaw- ∑ Mr. MACK. Mr. President, I rise countries to stop corrupt trade practices by ful conduct described in subsection (a)(1). today to clarify a provision included in private persons and government officials of (B) LICENSE BAN.—The United States Gov- the credit reporting section of the Om- those countries through enactment and en- ernment shall not issue any license or other nibus Consolidated Appropriations Act. forcement of laws similar to the Foreign authority to conduct business in the United Corrupt Practices Act of 1977. States to any foreign person or concern that Section 2403(a) clarifies existing law (2) DEFINITION OF CORRUPT TRADE PRAC- with respect to the ‘‘permissible pur- engages in the unlawful conduct described in TICE.—For purposes of this section, the term subsection (a)(1). poses’’ for which a consumer report ‘‘corrupt trade practice’’ means a practice (2) WAIVER.—Any penalties or sanctions may be obtained under the Fair Credit that would violate the prohibition described imposed under this section may be delayed Reporting Act. The provision estab- in section 104 of the Foreign Corrupt Prac- or waived upon certification of the President lishes that purchasers and servicers are tices Act of 1977 if engaged in by a domestic to Congress that it is in the national interest permitted to review a borrower’s credit concern. to do so. (b) SANCTIONS.— (c) DEFINITIONS.—For purposes of this sec- report in connection with the decision (1) IN GENERAL.—If the President deter- tion— of whether to purchase a loan obliga- mines that a country identified in subsection (1) FOREIGN CONCERN.—The term ‘‘foreign (a)(1)(A) is not making a good faith effort to tion and/or its servicing. This allows a concern’’ means any corporation, partner- enact or enforce the laws described in sub- purchaser or other investor to value ship, association, joint stock company, busi- section (a)(1)(B)(ii), the President is author- more accurately a portfolio of loans ness trust, unincorporated organization, or ized and directed to impose the sanctions de- based on the current credit character- sole proprietorship which has its principal scribed in paragraph (2). place of business in a country other than the istics of the borrowers of the underly- (2) SANCTIONS DESCRIBED.— ing obligations. Servicers can also use (a) REDUCTION IN FOREIGN AID.—Fifty per- United States, or which is organized under the information to better value servic- cent of the assistance made available under the laws of a country other than the United ing rights that they are considering part I of the Foreign Assistance Act of 1961 States. and allocated each fiscal year pursuant to (2) FOREIGN PERSON.—The term ‘‘foreign purchasing. In addition, the provision person’’ means any individual who is a citi- would allow a current loan insurer to section 653 of such Act for a country shall be withheld from obligation and expenditure for zen or national of a country other than the use credit reports in assessing its exist- any fiscal year in which a determination has United States.∑ ing risk. By reducing uncertainty in been made under paragraph (1) with respect f the secondary markets, I am hopeful to the country. that consumers will be well served by (B) MULTILATERAL DEVELOPMENT BANK AS- FAMILY-FRIENDLY DELAWARE lower prices. I thank the Chair for this SISTANCE.—The United States Government COMPANY HONORED opportunity to elaborate upon this shall oppose, in accordance with section 701 ∑ Mr. BIDEN. Mr. President, in this of the International Financial Institutions time of two-worker households, work- small provision.∑ Act (22 U.S.C. 262d), the extension of any f loan or financial or technical assistance by ing parents are increasingly faced with the difficult task of balancing work THE NATIONAL INSTITUTES OF international financial institutions to any country described in paragraph (1). and family. HEALTH (c) DURATION OF SANCTIONS.—Any sanction Every day in this country, families ∑ Mr. SIMON. Mr. President, I submit imposed against a country under subsection must find a way to meet the challenges for the RECORD the following correc- (b)92) shall remain in effect until such time that await them at home after a long tions to the text of S. 1897 (Report No. as the President certifies to the Congress day on the job. Some days it seems im- that such country has enacted and is enforc- 104–364): ing the laws described in subsection possible to maintain a career while try- Sec. 635. (a)(3) Diabetes is the sixth (a)(1)(B)(ii). ing to figure out a way to get the shop- leading cause of death by disease in (d) WAIVER.—Any sanctions described in ping done, put dinner on the table and America, taking the lives of more than subsection (b) may be delayed or waived pick up the kids at soccer practice. 169,000 people annually. upon certification of the President to the That is why today, Mr. President, I Sec. 635. (a)(5) Diabetes is the leading Congress that it is in the national interest to am proud to stand here to announce cause of new blindness in adults 20 to do so. that Delaware companies are taking SEC. 3. SANCTIONS AGAINST PERSONS AND BUSI- 74 years of age. NESS ENTITIES. the lead and making it easier for work- Sec. 635. (a)(6) Diabetes is the leading (a) IMPOSITION OF SANCTIONS ON FOREIGN ing parents to balance their careers cause of kidney failure requiring dialy- PERSONS AND CONCERNS ENGAGING IN CERTAIN and families. S12350 CONGRESSIONAL RECORD — SENATE October 3, 1996 One particular company, MBNA Besides MBNA, two other Delaware healthy, stimulating environment dur- America, which is based in Wilming- companies were honored recently as ing their early years. This bill takes an ton, DE, was recently honored as one of family friendly companies. DuPont and important step toward this goal. the top 10 family-friendly companies DuPont-Merck Pharmaceutical were First, this legislation identifies a by Working Mother magazine. named as 2 of the top 100 companies by critical period in children’s develop- This is the second straight year that Working Mother magazine for their ment—the Infant Neurological Risk MBNA has been named as one of the leadership in creating job strategies Exposure Period [INREP]. Brain and top 10 companies for working mothers that are sensitive toward families. Du- nervous system development during and the fifth straight year that it has Pont was also named in Business this period has a long-lasting impact been named in the top 100. Week’s top 10 list, and other companies on the child’s life. I hope that by sin- Also, in the September 16 issue of with facilities in Delaware, such as gling out this particular timeframe, Business Week, MBNA was named as Hewlett-Packard and Nations Bank, this legislation will focus greater at- one of the top 10 businesses in terms of have been praised for their family ori- tention on improving health care and their work and family strategies. This ented policies. supportive services during infancy and is the first time that Business Week Mr. President, these work strategies early childhood. has rated companies for their family- that take into account everyday family Second, this bill will require private friendly practices, and it shows that life do not just benefit the employees, health insurers to cover comprehensive businesses are most successful if they but also the employer. There is little preventive and curative services take their work and family strategies doubt that recruitment, retention, mo- through age 3. These third-party seriously. rale, and therefore productivity all in- payors will therefore be financially re- Speaking about MBNA, Business crease when companies implement sponsible for the care children need to Week stated that ‘‘the bank won the family-friendly policies. be adequately monitored and treated highest grades, from employees, who I am proud that MBNA and other through this important developmental cited strong programs and job flexibil- Delaware companies have emerged as period. ity.’’ leaders in creating family work strate- I was startled to learn that 86 percent MBNA is to be commended for insti- gies, and I hope that this trend contin- of children who are privately insured tuting policies and programs that are ues throughout Delaware and through- are not covered for comprehensive sensitive to the realities of two-income out the country.∑ well-child care. Children who receive families. None of this happens without f health coverage through the Medicaid leadership—especially leadership at the program are covered for a comprehen- top. And in this case, it comes from CHILDREN’S HEALTH INSURANCE sive array of well-child care, diagnostic Charles Cawley, chairman of MBNA FOR LONG-TERM DEVELOPMENT assessments and treatment services and a renowned business and commu- ACT through the EPSDT program, yet most nity leader. ∑ Mr. KERREY. Mr. President, on Mon- children who are privately insured do Let me tell you about some of the day I introduced S. 2167, the Children’s not have similar coverage. Health things that MBNA does for its workers. Health Insurance for Long-Term Devel- screenings and periodic check-ups pro- MBNA offers three on-site day care opment Act—the CHILD bill. In simple vide an important opportunity for phy- centers that serve MBNA employees. I terms, this legislation will require pri- sicians to ensure that a child’s neuro- have had the opportunity to visit one vate health plans to cover all necessary logical development is progressing of the two centers that are in Dela- health and screening services for in- along normal patterns—and to inter- ware, and I cannot stress enough what fants and children through age 3. But it vene as appropriate if it is not. a benefit it is for workers to be able to has a broader purpose. It will close the This comprehensive approach will take advantage of these day care cen- gap between two entities that serve also address other problems in pedi- ters. In Delaware, these centers give America’s children, the health system atric health care, such as ensuring that the parents of around 400 children the and the school system, by addressing children are completely covered for im- peace of mind that their child is in an important health risk that has immunizations through this time period. good hands. plications for children’s educational This coverage will counter current im- Also last year, 109 men and 264 achievements and later development. munization trends that leave 60 per- women took advantage of childbirth A significant body of research dem- cent of children in most States with in- leave of absences that averaged 13 onstrates that the first 3 years of life complete immunizations at age 2. weeks. This is a wonderful opportunity are critical to children’s development— I should also emphasize that this bill, for parents to be there for those pre- mentally, physically, and emotionally. by its very nature, cannot help chil- cious first weeks of their child’s life. In particular, during the first 3 years of dren who are uninsured. We need to Another important benefit that is of- life the human brain and central nerv- pursue further legislation that address- fered by the company is adoption as- ous system undergo their most rapid es this important problem. In a recent sistance of up to $5,000. This allows em- period of neurological development. study on children’s health insurance, ployees to provide a stable home and This time period—the Infant Neuro- the GAO noted that the proportion of family to a child who needs that love logical Risk Exposure Period—provides children who are uninsured—14.2 per- and stability so badly. Just another both a substantial risk and an impor- cent, or 10 million children—is at the way that companies can help build tant opportunity. If we can ensure that highest level since 1987. This decline in strong families. children receive the health care, children’s health insurance coverage Employees can take advantage of parenting, and environmental influ- has been concentrated among low-in- $849,000 in company-sponsored college ences they need during their first 3 come children. scholarships that allow those who wish years, we can give our children a Mr. President, all children should to better themselves the opportunity strong start in life. If, however, we ne- have health insurance that covers their to do so. After all, education is the glect their physical and mental devel- complete developmental needs. We are greatest investment this country can opment during this crucial period, we the wealthiest, most powerful, and make. have lost an important opportunity to most advanced nation on this planet. Working Mother magazine also ap- promote learning and prevent damage But it is discouraging that we still plauded MBNA for having flexible work to brain functioning. have so far to go when it comes to car- hours by utilizing job-sharing strate- Obviously, there are many influences ing for our own children. gies and compressed work weeks. on a child’s early development, such as My friend and respected colleague And, the study showed that women parental influence and childrearing Senator JOHN KERRY has offered one account for a high percentage of execu- practices, comprehensive health care, approach to this problem using sliding- tive positions at MBNA. Women make environment, mental stimulation, and scale subsidies; we should explore this up 39 percent of vice presidents at community support. As a nation, we option and others in order to ensure MBNA and 16 percent of all senior ex- have an opportunity and an obligation that America’s infants and young chil- ecutives are women. to provide children with a safe, dren achieve their highest potential. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12351 My proposal represents the first step solving their problems that won’t go away. gang to find friendship and belonging. Al- towards this important goal—the next This isn’t true. There are many other ways though the gang may feel like their salva- step is health coverage for all chil- to solve your problems. People today don’t tion, their only salvation is to be able to talk to their parents instead of fighting dren.∑ care if a younger child gets injured, shot, killed or even paralyzed because all that against them. These youth need someone to f really matters to them is to kill their prob- show them that their families are where KIDS, GUNS, AND DEATH lem that won’t go away. they may find safety. They need counseling Today many boys are killing each other so that they may talk about their fears and ∑ Mr. SIMON. Mr. President, last sum- over some crazy things like money, drugs, the problems in their family and on the mer the Illinois Council Against Hand- shoes, name-brand clothes and even girls. street. gun Violence asked kids how their lives That affects me a whole lot because that In addition, violence prevention counseling had been affected by guns and gun vio- might be me one day. Instead of the boy get- would educate the youth to find other solu- lence. Over 200 school-age children ting shot I might get shot in his place. tions to violence in resolving their anger. I come from a very overprotective house- They need someone to point them in the wrote and submitted essays. Last Sun- right direction and to show them they have day, the Chicago Sun Times printed hold with a father who is on me like white on rice. Sometimes I feel that he needs to choices in the future if they make the right the three winning essays. The expres- give me a break and let me go to a friend’s decisions now. They need guidance to learn sion, out of the mouths of babes, has house. However, when I go I see people who how to be themselves.∑ never been more true than when read- don’t have fathers they can turn to and I re- f ing the three winning essays. These alize why my father is like that. He doesn’t THE VANCOUVER NATIONAL three winners, a second-grader, a sev- want me to get caught between gangs cross- enth-grader, and an eleventh grader, firing at each other. Then I begin to see how HISTORIC RESERVE get what far too many of their elders lucky I am to have him around. ∑ Mrs. MURRAY. Mr. President, I want do not: bullets, guns, and violent death I feel that it must stop because many to express my sincere pleasure that the should not be an increasingly routine youngsters, like myself, want to live long, be Vancouver National Historic Reserve able to live to see over the age of 21. I think part of these children’s lives. I ask that will be established as a result of the en- that the gangs should come to a truce and actment of legislation by this Con- the three winning essays printed in the live together in peace. If that doesn’t work, Chicago Sun Times be printed in the then the police should be more aware of the gress. RECORD. gang activity going on. I’m saying these We have worked for several years in [From the Chicago Sun-Times, Sept. 29, 1996] things because my cousin almost got in a a bipartisan fashion to establish this KIDS, GUNS, AND DEATH crossfire between two gangs. They don’t real- important historic site in Vancouver, It is a sad fact of life: Children today are ize that bullets don’t have names like they WA. This vision for cooperative man- profoundly aware of the threat of gun vio- think. I think that the reason why kids join agement of the historic resources at lence. Last summer, the Illinois Council gangs is because of peer pressure, for atten- Fort Vancouver began with the city of Against Handgun Violence asked school-chil- tion and because they don’t have anyone to Vancouver and former Congresswoman dren how this omnipresent danger touches turn to. Jolene Unsoeld. Congresswoman As you can see there are many things that their lives, and what they thought should be Unsoeld had the vision, leadership, and done to end it. Asked to speak for them- scare me and other kids. The gangs have little kids, even kids at the age of 5, planning determination to develop a broadly selves, more than 100 children from nearly supported plan to preserve and promote two dozen schools submitted essays. It is their funerals instead of dreaming about powerful testimony. Many wrote of their per- their weddings or Sweet 16 birthday parties. several chapters in the colorful history sonal brushes with gun violence; far too If my essay gets published in a popular of the Pacific Northwest. many told of losing family members and magazine or newspaper, please remember: This proposal has been 10 years in the friends, and a few of actually witnessing ‘‘Bullets Don’t Have Names.’’ making. Throughout these years, the fatal shootings. Here are the winning essays CLAUDIA RUIZ vision has been for a collaborative ef- from three age categories. These young au- I personally experienced gun violence with fort between the city of Vancouver, the thors will read their entries Oct. 5, when the the death of my cousin. I grew up with him Army, and the National Park Service. 14th Annual Walk Against Handgun Violence and when he died from seven bullet wounds. In recognition of the opportunity to co- steps off from the Daley Center Plaza at 11 I lost part of myself. Anyone who loves a.m. ordinate the management and interpre- someone close to them knows that the pain tation of the historic areas around ZACHERY JEFFERSON is incurable, except with the dulling that Fort Vancouver, Congress in 1990 estab- Last week, when I layed down to rest for time brings. It changes the lives of all those the night. I couldn’t sleep because I heard who knew the victim because part of their lished the Vancouver Historic Study the sound of gunshots in the air. My heart life is gone and there are no second chances. Commission to develop a plan for the just pound and pound, until I heard the lock Nothing is worth dying for, especially area and make a recommendation to turn and the door slam. After I heard my when the decision is not yours. No one has Congress. In 1993, the five members of mommy’s voice. I was able to sleep. the right to make that decision for anyone. the commission—representing the Na- I was worried about my mother walking to The anger that accompanies the pain is also tional Park Service, City of Vancouver, our building. I live in a tall building called destructive. Often when a gang member is Army, State Historic Preservation Of- Stateway Gardens. My mother Ms. Jeffer- killed, his brothers seek revenge. This brings fice, and the public-at-large—unani- son’s work day begins in the afternoon and further violence and loss of life. No one ends late night about 12:30 midnight. I know gains, and the cycle of violence keeps turn- mously approved a strategy for the it isn’t safe for my mom to walk the street ing. area. The commission’s report called in my neighborhood at night alone. She has The cause of gun violence is that teenagers for the establishment of a Vancouver to work to take care of my sister and I. are joining gangs at an early age. Some of National Historic Reserve. The reserve When I grow up I want to be a policeman, them join gangs because of the lure of money would be cooperatively managed by the not just a policeman but the Chief of Police. from selling drugs. Perhaps their family is various public owners of the area I want to change things. It should be against poor and they need the money to support through the Vancouver partnership. the law for people to just shoot. Those bad themselves and their family. Selling drugs Key controversies such as the contin- people who are shooting guns like crazy offers them an easy solution. More often ued operation of Pearson Airpark were mustn’t realize how it feels to worry, or gang members come from families where maybe they don’t have a mother who works they were neglected. They are looking for addressed and thoughtfully resolved. to take care of a family. somewhere to belong, somewhere safe. Legislation to implement the com- Well, my heart pounds and beats like a I believe in each cases that the blame lies mission’s recommendations was intro- drum when I am upset or worried. For those largely on the parents who do not give their duced in 1994 by former Congress- who don’t know what it feels like, I’ll tell children the support they needed while they woman Unsoeld but was unable to pass you. It’s like losing something very special were young. However, that is not to say that in the closing days of the 103d Con- and that moment when you realize it’s gone, the parents are not facing tremendous odds gress. In an effort to maintain progress your heart races real fast and sweat pops on trying to raise their children in an environ- on the historic area, the city entered your face and your knees shakes. ment where gun violence and gang member- into a memorandum of agreement with Please stop now. If you don’t, watch out ship is prevalent. In large families, the older for me later! I will be coming with my badge children are neglected as the parents are the National Park Service regarding on. busy looking after the young. Unfortunately, the operation of the area on November RHEA JACKSON the older children still need their guidance. 4, 1995. Nevertheless, legislation was Guns are something very serious. Many Often, elder children become lonely and de- still needed to implement the MOA and people think that a gun is the answer to pressed. For these reasons, they may join a the commission’s recommendations. S12352 CONGRESSIONAL RECORD — SENATE October 3, 1996 During this Congress, we have the epidemic of childhood hunger. If we Mr. LOTT. Mr. President, we have worked with the city and the Park do not condemn this situation by our some work we can do. The minute that Service in a bipartisan fashion to ad- actions, then we condone it by our in- the final agreement and colloquy en- dress outstanding concerns and develop action. ters the Chamber, please let us know. legislation to effectively establish the Mr. President, in New Jersey, the We would like to interrupt whatever reserve. Senator GORTON and I, and Jersey Shore Chapter of the American we are doing to get this agreement Congresswoman SMITH, introduced bills Culinary Federation is dedicated to reached. to establish the reserve. When the com- fighting this scourge. Among its many Mr. MURKOWSKI. If I may respond mittee began to develop an omnibus activities, on October 16, the federation to the majority leader to concur with parks bill, Senator GORTON and I will again be holding its Childhood his agreement. I have never had the ob- worked to include the Vancouver His- Hunger Day Forum in Washington, DC. vious honor of giving birth to any- toric Reserve and were successful. The The event is designed to increase thing, but this is about the closest. simplified version of our bill included awareness of the problem of childhood Mr. LOTT. Senator DASCHLE and I in the omnibus measure raised con- hunger, and it will give voice to the will have the pleasure in a moment of cerns for the Park Service and was im- millions of small children who suffer in notifying the President of our intent to proved during the conference with the silence. conclude our work, and the adjourn- House. Mr. President, I applaud the founda- ment resolution has been adopted. As last-minute negotiations on this tion’s efforts, and I wish it every suc- f omnibus parks bill progressed, there cess on Childhood Hunger Day and for PROVIDING FOR THE SINE DIE was some miscommunication regarding all of their future endeavors. ∑ ADJOURNMENT the administration’s support for the f Vancouver National Historic Reserve. Mr. LOTT. I ask unanimous consent STANISLAV REMBSKI As is now clear, the administration the Senate proceed to the immediate fully supports the establishment of the ∑ Ms. MIKULSKI. Mr. President, consideration of House Concurrent Res- reserve and supports it’s inclusion in Stanislav Rembski is one of America’s olution 230 regarding adjournment of this omnibus measure. And so do I. I greatest artists. On October 8, 1996 he the 104th Congress. look forward to the development of the celebrates his 100th birthday. I ask my The PRESIDING OFFICER. The Vancouver partnership and the coordi- colleagues to join me in congratulating clerk will report. nated management it will bring to the Mr. Rembski on this special occasion, The legislative clerk read as follows: historic treasures of Vancouver, WA. and in thanking him for creating so A concurrent resolution (H.Con. Res. 230) Treasures of the entire Pacific North- many national treasures. providing for the sine die adjournment of the second session of the 104th Congress. west that must be preserved for future As a Polish-American Senator from generations. Baltimore, I am very proud of The PRESIDING OFFICER. Is there The Vancouver National Historic Re- Stanislav Rembski. He was born in objection to the immediate consider- serve is truly ‘‘Once Place Across Sochaczew, Poland in 1896. He immi- ation of the resolution? Time’’. From the Native American cul- grated to the United States in 1923. There being no objection, the Senate tures and communities that lived and Since 1940, he has lived and worked in proceeded to consider the resolution. traded in the region for over 100 cen- Baltimore. He taught himself to draw— AMENDMENT NO. 5426 turies to Lewis and Clark’s expedition and he teaches us all how to enjoy and Mr. LOTT. I send an amendment to and the Hudson Bay Company’s fur appreciate art through his writings and the desk providing for adjournment of trade, the areas of the Vancouver Na- lectures. the Senate Wednesday, Thursday or tional Historic Reserve are at the foun- Stanislav Rembski is one of Ameri- Friday of this week. dation of the history and the legacy of ca’s premier portrait painters. He has The PRESIDING OFFICER. The the Pacific Northwest and the great painted over 1,000 commissions—in- clerk will report. State of Washington. Our journey from cluding well-known portraits of Presi- The legislative clerk read as follows: these beginnings through the decades dent Woodrow Wilson and President The Senator from Mississippi [Mr. LOTT] is also visible through Fort Vancouver, Franklin Roosevelt. He has painted proposes an amendment numbered 5426. the Vancouver Army Barracks and Of- five of Maryland’s first ladies and these Mr. LOTT. I ask unanimous consent ficer’s Row, and Pearson Airfield. paintings hang in Government House reading of the amendment be dispensed The multiple layers of history tells in Annapolis. with. us so much about our region and our- Stanislav Rembski is known for cap- The PRESIDING OFFICER. Without selves. I look forward to the sense of turing the spirit and personality of his objection, it is so ordered. continuity the reserve will bring to the subjects. That is why so many of his The amendment is as follows: history of this place. The connection of portraits are used in history books— Strike all after the resolving clause, and people and places across the span of they tell us more about the subject substitute the following in lieu thereof: time will bring an improved sense of than any photograph ever could. I en- ‘‘That when the House adjourns on the leg- courage everyone to see this for them- islative day of Wednesday, October 2, 1996, place to this wonderful area of our re- Thursday, October 3, 1996, or Friday, October gion and the Nation.∑ selves. A retrospective of his work is 4, 1996, on a motion offered pursuant to this f now on display in the Enoch Pratt Li- concurrent resolution by the Majority Lead- brary in Baltimore. er, or his designee, it stand adjourned sine CHILDHOOD HUNGER DAY Mr. President, Stanislav Rembski die, or until noon on the second day after ∑ Mr. LAUTENBERG. Mr. President, I honors his Polish heritage and his Members are notified to reassemble pursuant rise to commend the American Cul- adopted American homeland. His paint- to section 2 of this concurrent resolution, inary Federation for its efforts to comings are a gift that will grace our mu- and that when the Senate adjourns on Wednesday, October 2, 1996, Thursday, Octo- bat the problem of childhood hunger in seums and public buildings forever.∑ the United States. Although we are the ber 3, 1996, or Friday, October 4, 1996, on a f motion offered pursuant to this concurrent richest nation on Earth, each day 1 out ORDER OF PROCEDURE resolution by the Majority Leader, or his of 12 children under the age of 12 goes designee, it stand adjourned sine die, or until to bed hungry. In my own State of New Mr. LOTT. Mr. President, I thought noon on the second day after Members are Jersey, 91,000 children must endure the parks bill was ready for conclusion, notified to reassemble pursuant to section 2 hunger as their constant companion. and perhaps a colloquy is needed. of this concurrent resolution. Children are our most valuable natural Mr. MURKOWSKI. If I may respond SEC. 2. The Speaker of the House and the resource, and as a nation we cannot to the majority leader, it is my under- Majority Leader of the Senate, acting jointly standing that an agreement can be after consultation with the Minority Leader tolerate a situation where our young- of the House and the Minority Leader of the est citizens are deprived the most basic reached and a colloquy is in the process Senate, shall notify the Members of the necessity. of being reviewed and completed. I per- House and Senate, respectively, to reassem- Mr. President, I know that we all sonally do not have it at this time. I ble whenever, in their opinion, the public in- agree that steps must be taken to end expect it momentarily. terest shall warrant it. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12353 Mr. LOTT. Mr. President, I ask unan- (2) COMMISSION.—The term ‘‘Commission’’ 0221C, November 17, 1993. Federal Emergency imous consent the amendment be means the Cache La Poudre River National Management Agency, Federal Insurance Admin- agreed to, the concurrent resolution be Water Heritage Area Commission established by istration. (12) FLOOD INSURANCE RATE MAP, LARIMER agreed to, and the motion to reconsider section 5(a). (3) GOVERNOR.—The term ‘‘Governor’’ means COUNTY, CO.—Community-Panel No. 080266 be laid upon the table. the Governor of the State of Colorado. 0605D, September 27, 1991. Federal Emergency The amendment (No. 5426) was agreed (4) PLAN.—The term ‘‘Plan’’ means the water Management Agency, Federal Insurance Admin- to. heritage area interpretation plan prepared by istration. The concurrent resolution (H. Con. the Commission pursuant to section 9(a). (13) FLOOD INSURANCE RATE MAP, LARIMER Res. 230), as amended, was agreed to, as (5) POLITICAL SUBDIVISION OF THE STATE.— COUNTY, CO.—Community-Panel No. 080264 follows: The term ‘‘political subdivision of the State’’ 0005A, September 27, 1991. Federal Emergency means a political subdivision of the State of Col- Management Agency, Federal Insurance Admin- AMENDMENT NO. 5426 orado, any part of which is located in or adja- istration. Strike out all after the resolving clause cent to the Area, including a county, city, town, (14) FLOOD INSURANCE RATE MAP, LARIMER and insert: That when the House adjourns on water conservancy district, or special district. COUNTY, CO.—Community-Panel No. 080266 the legislative day of Wednesday, October 2, (6) SECRETARY.—The term ‘‘Secretary’’ means 0608D, September 27, 1991. Federal Emergency 1996, Thursday, October 3, 1996, or Friday, the Secretary of the Interior. Management Agency, Federal Insurance Admin- October 4, 1996, on a motion offered pursuant SEC. 4. ESTABLISHMENT OF THE CACHE LA istration. to this concurrent resolution by the Major- POUDRE RIVER NATIONAL WATER (15) FLOOD INSURANCE RATE MAP, LARIMER ity Leader, or his designee, it stand ad- HERITAGE AREA. COUNTY, CO.—Community-Panel No. 080266 journed sine die, or until noon on the second (a) ESTABLISHMENT.—There is established in 0609C, September 28, 1982. Federal Emergency day after Members are notified to reassemble the State of Colorado the Cache La Poudre Management Agency, Federal Insurance Admin- pursuant to section 2 of this concurrent reso- River National Water Heritage Area. istration. lution, and that when the Senate adjourns on (b) BOUNDARIES.—The boundaries of this Area (16) FLOOD INSURANCE RATE MAP, LARIMER Wednesday, October 2, 1996, Thursday, Octo- shall include those lands within the 100-year COUNTY, CO.—Community-Panel No. 080266 ber 3, 1996, or Friday, October 4, 1996, on a flood plain of the Cache La Poudre River Basin, 0628C, September 28, 1982. Federal Emergency motion offered pursuant to this concurrent beginning at a point where the Cache La Management Agency, Federal Insurance Admin- resolution by the Majority Leader, or his Poudre River flows out of the Roosevelt Na- istration. designee, it stand adjourned sine die, or until tional Forest and continuing east along said (17) FLOOD INSURANCE RATE MAP, LARIMER noon on the second day after Members are floodplain to a point one quarter of one mile COUNTY, CO.—Community-Panel No. 080184 notified to reassemble pursuant to section 2 west of the confluence of the Cache La Poudre 0002B, July 16, 1979. United States Department of this concurrent resolution. River and the South Platte Rivers in Weld of Housing and Urban Development, Federal In- SEC. 2. The Speaker of the House and the County, Colorado, comprising less than 35,000 surance Administration. Majority Leader of the Senate, acting jointly acres, and generally depicted as the 100-year (18) FLOOD INSURANCE RATE MAP, LARIMER after consultation with the Minority Leader flood boundary on the Federal Flood Insurance COUNTY, CO.—Community-Panel No. 080266 of the House and the Minority Leader of the maps listed below: 0636C, September 28, 1982. Federal Emergency Senate, shall notify the Members of the (1) FLOOD INSURANCE RATE MAP, LARIMER Management Agency, Federal Insurance Admin- House and Senate, respectively, to reassem- COUNTY, CO.—Community-Panel No. 080101 istration. ble whenever, in their opinion, the public in- 0146B, April 2, 1979. United States Department (19) FLOOD INSURANCE RATE MAP, LARIMER terest shall warrant it. of Housing and Urban Development, Federal In- COUNTY, CO.—Community-Panel No. 080266 f surance Administration. 0637C, September 28, 1982. Federal Emergency (2) FLOOD INSURANCE RATE MAP, LARIMER Management Agency, Federal Insurance Admin- CACHE LA POUDRE RIVER NA- COUNTY, CO.—Community-Panel No. 080101 istration. TIONAL WATER HERITAGE AREA 0147B, April 2, 1979. United States Department As soon as practicable after the date of enact- ACT of Housing and Urban Development, Federal In- ment of this Act, the Secretary shall publish in Mr. LOTT. I ask unanimous consent surance Administration. the Federal Register a detailed description and the Senate proceed to the immediate (3) FLOOD INSURANCE RATE MAP, LARIMER map of the boundaries of the Area. COUNTY, CO.—Community-Panel No. 080101 (c) PUBLIC ACCESS TO MAPS.—The maps shall consideration of Calendar No. 281, S. 0162B, April 2, 1979. United States Department 342. be on file and available for public inspection of Housing and Urban Development, Federal In- in— The PRESIDING OFFICER. The surance Administration. (1) the offices of the Department of the Inte- clerk will report. (4) FLOOD INSURANCE RATE MAP, LARIMER rior in Washington, District of Columbia, and The legislative clerk read as follows: COUNTY, CO.—Community-Panel No. 080101 Denver, Colorado; and A bill (S. 342) to establish the Cache la 0163C, March 18, 1986. Federal Emergency Man- (2) local offices of the city of Fort Collins, Poudre River National Water Heritage Area agement Agency, Federal Insurance Administra- Larimer County, the city of Greeley, and Weld in the State of Colorado, and for other pur- tion. County. poses. (5) FLOOD INSURANCE RATE MAP, LARIMER SEC. 5. ESTABLISHMENT OF THE CACHE LA The PRESIDING OFFICER. Is there COUNTY, CO.—Community-Panel No. 080101 POUDRE RIVER NATIONAL WATER 0178C, March 18, 1986. Federal Emergency Man- objection to the immediate consider- HERITAGE AREA COMMISSION. agement Agency, Federal Insurance Administra- (a) ESTABLISHMENT.— ation of the bill? tion. (1) IN GENERAL.—There is established the There being no objection, the Senate (6) FLOOD INSURANCE RATE MAP, LARIMER Cache La Poudre River National Water Heritage proceeded to consider the bill, which COUNTY, CO.—Community-Panel No. 080102 Commission. had been reported from the Committee 0002B, February 15, 1984. Federal Emergency (2) FUNCTION.—The Commission, in consulta- on Energy and Natural Resources, with Management Agency, Federal Insurance Admin- tion with appropriate Federal, State, and local an amendment to strike all after the istration. authorities, shall develop and implement an in- enacting clause and inserting in lieu (7) FLOOD INSURANCE RATE MAP, LARIMER tegrated plan to interpret elements of the history COUNTY, CO.—Community-Panel No. 080101 thereof the following: of water development within the Area. 0179C, March 18, 1986. Federal Emergency Man- (b) MEMBERSHIP.— SECTION 1. SHORT TITLE. agement Agency, Federal Insurance Administra- (1) COMPOSITION.—The Commission shall be This Act may be cited as the ‘‘Cache La tion. composed of 15 members appointed not later Poudre River National Water Heritage Area (8) FLOOD INSURANCE RATE MAP, LARIMER than 6 months after the date of enactment of Act’’. COUNTY, CO.—Community-Panel No. 080101 this Act. Of these 15 members— SEC. 2. PURPOSE. 0193D, November 17, 1993. Federal Emergency (A) 1 member shall be a representative of the The purpose of this Act is to designate the Management Agency, Federal Insurance Admin- Secretary of the Interior which member shall be Cache La Poudre Water National Heritage Area istration. an ex officio member; within the Cache La Poudre River Basin and to (9) FLOOD INSURANCE RATE MAP, LARIMER (B) 1 member shall be a representative of the provide for the interpretation, for the edu- COUNTY, CO.—Community-Panel No. 080101 Forest Service, appointed by the Secretary of cational and inspirational benefit of present 0194D, November 17, 1993. Federal Emergency Agriculture, which member shall be an ex officio and future generations, of the unique and sig- Management Agency, Federal Insurance Admin- member; nificant contributions to our national heritage istration. (C) 3 members shall be recommended by the of cultural and historical lands, waterways, and (10) FLOOD INSURANCE RATE MAP, LARIMER Governor and appointed by the Secretary, of structures within the Area. COUNTY, CO.—Community-Panel No. 080101 whom— SEC. 3. DEFINITIONS. 0208C, November 17, 1993. Federal Emergency (i) 1 member shall represent the State; As used in this Act: Management Agency, Federal Insurance Admin- (ii) 1 member shall represent Colorado State (1) AREA.—The term ‘‘Area’’ means the Cache istration. University in Fort Collins; and La Poudre River National Water Heritage Area (11) FLOOD INSURANCE RATE MAP, LARIMER (iii) 1 member shall represent the Northern established by section 4(a). COUNTY, CO.—Community-Panel No. 080101 Colorado Water Conservancy District; S12354 CONGRESSIONAL RECORD — SENATE October 3, 1996

(D) 6 members shall be representatives of local (1) APPOINTMENT AND COMPENSATION.—Staff mined by the Commission. The conveyance shall governments who are recommended by the Gov- appointed by the Commission— be made— ernor and appointed by the Secretary, of (A) shall be appointed without regard to the (A) as soon as practicable after acquisition; whom— city service laws and regulations; and (B) without consideration; and (i) 1 member shall represent the city of Fort (B) shall be compensated without regard to (C) on the condition that the real property or Collins; the provisions of chapter 51 and subchapter III interest in real property so conveyed is used in (ii) 2 members shall represent Larimer County, of chapter 53 of title 5, United States Code, re- furtherance of the purpose for which the Area is 1 of which shall represent agriculture or irri- lating to classification of positions and General established. gated water interests; Schedule pay rates. (f) COOPERATIVE AGREEMENTS.—For the pur- (iii) 1 member shall represent the city of Gree- (b) EXPERTS AND CONSULTANTS.—Subject to pose of carrying out the Plan, the Commission ley; such rules as may be adopted by the Commis- may enter into cooperative agreements with (iv) 2 members shall represent Weld County, 1 sion, the Commission may procure temporary Federal agencies, State agencies, political sub- of which shall represent agricultural or irri- and intermittent services to the same extent as is divisions of the State, and persons. Any such gated water interests; and authorized by section 3109(b) of title 5, United cooperative agreement shall, at a minimum, es- (v) 1 member shall represent the city of States Code, at rates for individuals that do not tablish procedures for providing notice to the Loveland; and exceed the daily equivalent of the annual rate Commission of any action that may affect the (E) 3 members shall be recommended by the of basic pay prescribed for level V of the Execu- implementation of the Plan. Governor and appointed by the Secretary, and tive Schedule under section 5316 of such title. (g) ADVISORY GROUPS.—The Commission may shall— (c) STAFF OF OTHER AGENCIES.— establish such advisory groups as it considers (i) represent the general public; (1) FEDERAL.—Upon request of the Commis- necessary to ensure open communication with, (ii) be citizens of the State; and sion, the head of a Federal agency may detail, and assistance from Federal agencies, State (iii) reside within the Area. on a reimbursement basis, any of the personnel agencies, political subdivisions of the State, and (2) CHAIRPERSON.—The chairperson of the of the agency to the Commission to assist the interested persons. Commission shall be elected by the members of Commission in carrying out the Commission’s (h) MODIFICATION OF PLANS.— the Commission from among members appointed duties. The detail shall be without interruption (1) IN GENERAL.—The Commission may modify under subparagraph (C), (D), or (E) of para- or loss of civil service status or privilege. the Plan if the Commission determines that such graph (1). The chairperson shall be elected for a (2) ADMINISTRATIVE SUPPORT SERVICES.—The modification is necessary to carry out this Act. 2-year term. Administrator of the General Services Adminis- (2) NOTICE.—No modification shall take effect (3) VACANCIES.—A vacancy on the Commission tration shall provide to the Commission, on a re- until— shall be filled in the same manner in which the imbursable basis, such administrative support (A) any Federal agency, State agency, or po- original appointment was made. services as the Commission may request. litical subdivision of the State that may be affected by the modification receives adequate no- (c) TERMS OF SERVICE.— (3) STATE.—The Commission may— (1) IN GENERAL.—Except as provided in para- (A) accept the service of personnel detailed tice of, and an opportunity to comment on, the graphs (2) and (3), each member of the Commis- from the State, State agencies, and political sub- modification; (B) if the modification is significant, as deter- sion shall be appointed for a term of 3 years and divisions of the State; and mined by the Commission, the Commission has— may be reappointed. (B) reimburse the State, State agency, or polit- (i) provided adequate notice of the modifica- (2) INITIAL MEMBERS.—The initial members of ical subdivision of the State for such services. the Commission first appointed under subsection tion by publication in the area of the Area; and (b)(1) shall be appointed as follows: SEC. 7. POWERS OF THE COMMISSION. (ii) conducted a public hearing with respect to (A) 3-YEAR TERMS.—The following initial (a) HEARINGS.— the modification; and members shall serve for a 3-year term: (1) IN GENERAL.—The Commission may hold (C) the Governor has approved the modifica- (i) The representative of the Secretary of the such hearings, sit and act at such times and tion. Interior. places, take such testimony, and receive such SEC. 8. DUTIES OF THE COMMISSION. (ii) 1 representative of Weld County. evidence as the Commission considers necessary (a) PLAN.—The Commission shall prepare, ob- (iii) 1 representative of Larimer County. to carry out this Act. tain approval for, implement, and support the (iv) 1 representative of the city of Loveland. (2) SUBPOENAS.—The Commission may not Plan in accordance with section 9. (v) 1 representative of the general public. issue subpoenas or exercise any subpoena au- (b) MEETINGS.— (B) 2-YEAR TERMS.—The following initial thority. (1) TIMING.— members shall serve for a 2-year term: (b) MAILS.—The Commission may use the (A) INITIAL MEETING.—The Commission shall (i) The representative of the Forest Service. United States mails in the same manner and hold its first meeting not later than 90 days (ii) The representative of the State. under the same conditions as other departments after the date on which its last initial member is (iii) The representative of Colorado State Uni- and agencies of the Federal Government. appointed. versity. (c) MATCHING FUNDS.—The Commission may (B) SUBSEQUENT MEETINGS.—After the initial (iv) The representative of the Northern Colo- use its funds to obtain money from any source meeting, the Commission shall meet at the call of rado Water Conservancy District. under a program or law requiring the recipient the chairperson or 7 of its members, except that (C) 1-YEAR TERMS.—The following initial mem- of the money to make a contribution in order to the Commission shall meet at least quarterly. bers shall serve for a 1-year term: receive the money. (2) QUORUM.—Ten members of the Commission (i) 1 representative of the city of Fort Collins. (d) GIFTS.— shall constitute a quorum, but a lesser number (ii) 1 representative of Larimer County. (1) IN GENERAL.—Except as provided in sub- of members may hold hearings. (iii) 1 representative of the city of Greeley. section (e)(3), the Commission may, for the pur- (3) BUDGET.—The affirmative vote of not less (iv) 1 representative of Weld County. pose of carrying out its duties, seek, accept, and than 10 members of the Commission shall be re- (v) 1 representative of the general public. dispose of gifts, bequests, or donations of quired to approve the budget of the Commission. (3) PARTIAL TERMS.— money, personal property, or services, received (c) ANNUAL REPORTS.—Not later than May 15 (A) FILLING VACANCIES.—A member of the from any source. of each year, following the year in which the Commission appointed to fill a vacancy occur- (2) CHARITABLE CONTRIBUTIONS.—For the pur- members of the Commission have been ap- ring before the expiration of the term for which pose of section 170(c) of the Internal Revenue pointed, the Commission shall publish and sub- a predecessor was appointed shall be appointed Code of 1986, a gift to the Commission shall be mit, to the Secretary and to the Governor, an only for the remainder of their term. deemed to be a gift to the United States. annual report concerning the Commission’s ac- (B) EXTENDED SERVICE.—A member of the (e) REAL PROPERTY.— tivities. Commission may serve after the expiration of (1) IN GENERAL.—Except as provided in para- SEC. 9. PREPARATION, REVIEW, AND IMPLEMEN- that member’s term until a successor has taken graph (2) and except with respect to a leasing of TATION OF THE PLAN. office. facilities under section 6(c)(2), the Commission (a) PREPARATION OF PLAN.— (d) COMPENSATION.—Members of the Commis- may not acquire real property or an interest in (1) IN GENERAL.—Not later than 2 years after sion shall receive no compensation for their real property. the Commission conducts its first meeting, the service on the Commission. (2) EXCEPTION.—Subject to paragraph (3), the Commission shall submit to the Governor a (e) TRAVEL EXPENSES.—While away from their Commission may acquire real property in the Water Heritage Area Interpretation Plan. homes or regular places of business in the per- Area, and interests in real property in the (2) DEVELOPMENT.—In developing the Plan, formance of services for the Commission, mem- Area— the Commission shall— bers shall be allowed travel expenses, including (A) by gift or devise; (A) consult on a regular basis with appro- per diem in lieu of subsistence, in the same man- (B) by purchase from a willing seller with priate officials of any Federal or State agency, ner as persons employed intermittently in the money that was given or bequeathed to the political subdivision of the State, and local gov- Government service are allowed expenses under Commission; or ernment that has jurisdiction over or an owner- section 5703 of title 5, United States Code. (C) by exchange. ship interest in land, water, or water rights SEC. 6. STAFF OF THE COMMISSION. (3) CONVEYANCE TO PUBLIC AGENCIES.—Any within the Area; and (a) STAFF.—The Commission shall have the real property or interest in real property ac- (B) conduct public hearings within the Area power to appoint and fix the compensation of quired by the Commission under paragraph (2) for the purpose of providing interested persons such staff as may be necessary to carry out the shall be conveyed by the Commission to an ap- the opportunity to testify about matters to be duties of the Commission. propriate non-Federal public agency, as deter- addressed by the Plan. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12355

(3) RELATIONSHIP TO EXISTING PLANS.—The tions in the restoration of any identified struc- rectly affecting the flow of the Cache La Poudre Plan— ture or site in the Area with consent of the River through the Area, or the natural resources (A) shall recognize any existing Federal, owner. The assistance may include providing of the Area shall consult with the Commission State, and local plans; technical assistance for historic preservation, re- with respect to such activities; (B) shall not interfere with the implementa- vitalization, and enhancement efforts. (b) AUTHORIZATION.— tion, administration, or amendment of such (4) INTERPRETATION.—The Commission shall (1) IN GENERAL.—The Secretary or Adminis- plans; and assist in the interpretation of the historical, trator of a Federal agency may acquire land in (C) to the extent feasible, shall seek to coordi- present, and future uses of the Area— the flood plain of the Area by exchange for nate the plans and present a unified interpreta- (A) by consulting with the Secretary with re- other lands within such agency’s jurisdiction tion plan for the Area. spect to the implementation of the Secretary’s within the State of Colorado, based on fair mar- (b) REVIEW OF PLAN.— duties under section 11; ket value: Provided, That such lands have been (1) IN GENERAL.—The Commission shall submit (B) by assisting the State and political sub- identified by the Commission for acquisition by the Plan to the Governor for his review. divisions of the State in establishing and main- a Federal agency and the Governor and the po- (2) GOVERNOR.—The Governor may review the taining visitor orientation centers and other in- litical subdivision of the State or the owner Plan and if he concurs in the Plan, may submit terpretive exhibits within the Area; where the lands are located concur in the ex- the Plan to the Secretary, together with any (C) by encouraging voluntary cooperation and change. Land so acquired shall be used to fulfill recommendations. coordination, with respect to ongoing interpre- the purpose for which the Area is established. (3) SECRETARY.—The Secretary shall approve tive services in the Area, among Federal agen- (2) AUTHORIZATION TO CONVEY PROPERTY.— or disapprove the Plan within 90 days. In re- cies, State agencies, political subdivisions of the The first sentence of section 203(k)(3) of the viewing the Plan, the Secretary shall consider State, nonprofit organizations, and private citi- Federal Property and Administrative Services the adequacy of— zens, and Act of 1949 (40 U.S.C. 484(k)(3)) is amended by (A) public participation; and (D) by encouraging Federal agencies, State striking ‘‘historic monument, for the benefit of (B) the Plan in interpreting, for the edu- agencies, political subdivisions of the State, and the public’’ and inserting ‘‘historic monument or cational and inspirational benefit of present nonprofit organizations to undertake new inter- any such property within the State of Colorado and future generations, the unique and signifi- pretive initiatives with respect to the Area. for the Cache La Poudre River National Water cant contributions to our national heritage of (5) RECOGNITION.—The Commission shall as- Heritage Area, for the benefit of the public’’. cultural and historical lands, waterways, and sist in establishing recognition for the Area by SEC. 13. EFFECT ON ENVIRONMENTAL AND structures within the Area. actively promoting the cultural, historical, nat- OTHER STANDARDS, RESTRICTIONS, (c) DISAPPROVAL OF PLAN.— ural, and recreational resources of the Area on AND SAVINGS PROVISIONS. (1) NOTIFICATION BY SECRETARY.—If the Sec- a community, regional, statewide, national, and (a) EFFECT ON ENVIRONMENTAL AND OTHER retary disapproves the Plan, the Secretary shall, international basis. STANDARDS.— not later than 60 days after the date of dis- (6) LAND EXCHANGES.—The Commission shall (1) VOLUNTARY COOPERATION.—In carrying approval, advise the Governor and the Commis- assist in identifying and implementing land ex- out this Act, the Commission and Secretary sion of the reasons for disapproval, together changes within the State of Colorado by Federal shall emphasize voluntary cooperation. with recommendations for revision. and State agencies that will expand open space (2) RULES, REGULATIONS, STANDARDS, AND PER- (2) REVISION AND RESUBMISSION TO GOV- and recreational opportunities within the flood MIT PROCESSES.—Nothing in this Act shall be ERNOR.—Not later than 90 days after receipt of plain of the Area. considered to impose or form the basis for impo- the notice of disapproval, the Commission shall SEC. 10. TERMINATION OF THE COMMISSION. sition of any environmental, occupational, safe- revise and resubmit the Plan to the Governor for (a) TERMINATION.—Except as provided in sub- ty, or other rule, regulation, standard, or permit review. section (b), the Commission shall terminate 5 process that is different from those that would (3) RESUBMISSION TO SECRETARY.—If the Gov- years after the date of approval of the Plan by be applicable had the Area not been established. ernor concurs in the revised Plan, he may sub- the Secretary. (3) ENVIRONMENTAL QUALITY STANDARDS.— mit the revised plan to the Secretary who shall (b) EXTENSION.—The Commission may be ex- Nothing in this Act shall be considered to im- approve or disapprove the revision within 60 tended for a period of not more than 5 years pose the application or administration of any days. If the Governor does not concur in the re- from the date of termination established in sub- Federal or State environmental quality standard vised plan, he may resubmit it to the Commis- section (a), if, not later than 180 days before that is different from those that would be appli- sion together with his recommendations for fur- that date— cable had the Area not been established. ther consideration and modification. (1) the Commission determines that an exten- (4) WATER STANDARDS.—Nothing in this Act (d) IMPEMENTATION OF PLAN.—After approval sion is necessary in order to carry out this Act; shall be considered to impose any Federal or by the Secretary, the Commission shall imple- (2) the Commission submits a proposed exten- State water use designation or water quality ment and support the Plan as follows: sion to the— standard upon uses of, or discharges to, waters (1) CULTURAL RESOURCES.— (A) Governor; of the State or waters of the United States, (A) IN GENERAL.—The Commission shall assist (B) Committee on Resources of the House of within or adjacent to the Area, that is more re- Federal agencies, State agencies, political sub- Representatives; strictive than those that would be applicable divisions of the State, and nonprofit organiza- (C) Committee on Energy and Natural Re- had the Area not been established. tions in the conservation and interpretation of sources of the Senate; and (5) PERMITTING OF FACILITIES.—Nothing in cultural resources within the Area. (D) Secretary of Agriculture; the establishment of the Area shall abridge, re- (B) EXCEPTION.—In providing the assistance, (3) the Governor notifies the Secretary that he strict, or alter any applicable rule, regulation, the Commission shall in no way infringe upon concurs in the extension, and standard, or review procedure for permitting of the authorities and policies of a Federal agency, (4) the Secretary approves the extension. facilities within or adjacent to the Area. State agency, or political subdivision of the SEC. 11. DUTIES OF THE SECRETARY. (6) WATER FACILITIES.—Nothing in the estab- State concerning the administration and man- (a) ACQUISITION OF LAND.—The Secretary may lishment of the Area shall affect the continuing agement of property, water, or water rights held acquire land and interests in land within the use and operation, repair, rehabilitation, expan- by such agency, political subdivision, or private Area that have been specifically identified by sion, or new construction of water supply facili- persons or entities, or affect the jurisdiction of the Commission for acquisition by the Federal ties, water and wastewater treatment facilities, the State of Colorado over any property, water, government and that have been approved for stormwater facilities, public utilities, and com- or water rights within the Area. such acquisition by the Governor and the politi- mon carriers. (2) PUBLIC AWARENESS.—The Commission shall cal subdivision of the State where the land is lo- (7) WATER AND WATER RIGHTS.—Nothing in assist in the enhancement of public awareness cated by donation, purchase with donated or the establishment of the Area shall be consid- of, and appreciation for, the historical, rec- appropriated funds, or exchange. Acquisition ered to authorize or imply the reservation or ap- reational, architectural, and engineering struc- authority may only be used if such lands cannot propriation of water or water rights for any tures in the Area, and the archaeological, geo- be acquired by donation or exchange. No land purpose. logical, and cultural resources and sites in the or interest in land may be acquired without the (b) RESTRICTIONS ON COMMISSION AND SEC- Area— consent of the owner. RETARY.—Nothing in this Act shall be construed (A) by encouraging private owners of identi- (b) TECHNICAL ASSISTANCE.—The Secretary to vest in the Commission or the Secretary the fied structures, sites, and resources to adopt vol- shall, upon the request of the Commission, pro- authority to— untary measures for the preservation of the vide technical assistance to the Commission in (1) require a Federal agency, State agency, identified structure, site, or resource; and the preparation and implementation of the Plan political subdivision of the State, or private per- (B) by cooperating with Federal agencies, pursuant to section 9. son to participate in a project or program car- State agencies, and political subdivisions of the (c) DETAIL.—Each fiscal year during the exist- ried out by the Commission or the Secretary State in acquiring, on a willing seller basis, any ence of the Commission, the Secretary shall de- under the Act; identified structure, site, or resource which the tail to the Commission, on a nonreimbursable (2) intervene as a party in an administrative Commission, with the concurrence of the Gov- basis, 2 employees of the Department of the In- or judicial proceeding concerning the applica- ernor, determines should be acquired and held terior to enable the Commission to carry out the tion or enforcement of a regulatory authority of by an agency of the State. Commission’s duties under section 8. a Federal agency, State agency, or political sub- (3) RESTORATION.—The Commission may assist SEC. 12. OTHER FEDERAL ENTITIES. division of the State, including, but not limited Federal agencies, State agencies, political sub- (a) DUTIES.—Subject to section 13, a Federal to, authority relating to— divisions of the State, and nonprofit organiza- entity conducting or supporting activities di- (A) land use regulation; S12356 CONGRESSIONAL RECORD — SENATE October 3, 1996 (B) environmental quality; The committee amendment as (6) FLOOD INSURANCE RATE MAP, LARIMER (C) licensing; amended was agreed to. COUNTY, COLORADO.—Community-Panel No. (D) permitting; The bill (S. 342), as amended, was 080102 0002B, February 15, 1984. Federal Emer- (E) easements; deemed read the third time and passed, gency Management Agency, Federal Insur- (F) private land development; or ance Administration. (G) other occupational or access issue; as follows: (7) FLOOD INSURANCE RATE MAP, LARIMER (3) establish or modify a regulatory authority Be it enacted by the Senate and House of Rep- COUNTY, COLORADO.—Community-Panel No. of a Federal agency, State agency, or political resentatives of the United States of America in 080101 0179C, March 18, 1986. Federal Emer- subdivision of the State, including authority re- Congress assembled, gency Management Agency, Federal Insur- lating to— SEC. 100. SHORT TITLE. ance Administration. (A) land use regulation; This Act may be cited as the ‘‘Cache La (8) FLOOD INSURANCE RATE MAP, LARIMER (B) environmental quality; or Poudre River Corridor Act’’. COUNTY, COLORADO.—Community-Panel No. (C) pipeline or utility crossings; SEC. 101. PURPOSE. 080101 0193D, November 17, 1993. Federal (4) modify a policy of a Federal agency, State The purpose of this Act is to designate the Emergency Management Agency, Federal In- agency, or political subdivision of the State; Cache La Poudre Corridor within the Cache surance Administration. (5) attest in any manner the authority and ju- La Poudre River Basin and to provide for the (9) FLOOD INSURANCE RATE MAP, LARIMER risdiction of the State with respect to the acqui- interpretation, for the educational and inspi- COUNTY, COLORADO.—Community-Panel No. sition of lands or water, or interest in lands or rational benefit of present and future genera- 080101 0194D, November 17, 1993. Federal water; tions, of the unique and significant contribu- Emergency Management Agency, Federal In- (6) vest authority to reserve or appropriate surance Administration. water or water rights in any entity for any pur- tions to our national heritage of cultural and historical lands, waterways, and structures (10) FLOOD INSURANCE RATE MAP, LARIMER pose; COUNTY, COLORADO.—Community-Panel No. (7) deny, condition, or restrict the construc- within the Corridor. SEC. 102. DEFINITIONS. 080101 0208C, November 17, 1993. Federal tion, repair, rehabilitation, or expansion of Emergency Management Agency, Federal In- In this Act: water facilities, including stormwater, water, surance Administration. (1) COMMISSION.—The term ‘‘Commission’’ and wastewater treatment facilities; or (11) FLOOD INSURANCE RATE MAP, LARIMER (8) deny, condition, or restrict the exercise of means the Cache La Poudre Corridor Com- COUNTY, COLORADO.—Community-Panel No. mission established by section 104(a). water rights in accordance with the substantive 080101 0221C, November 17, 1993. Federal (2) CORRIDOR.—The term ‘‘Corridor’’ means and procedural requirements of the laws of the Emergency Management Agency, Federal In- the Cache La Poudre Corridor established by State. surance Administration. (c) SAVINGS PROVISION.—Nothing in this Act section 103(a). (12) FLOOD INSURANCE RATE MAP, LARIMER (3) GOVERNOR.—The term ‘‘Governor’’ shall diminish, enlarge, or modify a right of a COUNTY, COLORADO.—Community-Panel No. Federal agency, State agency, or political sub- means the Governor of the State of Colorado. 080266 0605D, September 27, 1991. Federal division of the State— (4) PLAN.—The term ‘‘Plan’’ means the cor- Emergency Management Agency, Federal In- (1) to exercise civil and criminal jurisdiction ridor interpretation plan prepared by the surance Administration. Commission pursuant to section 108(a). within the Area; or (13) FLOOD INSURANCE RATE MAP, LARIMER (2) to tax persons, corporations, franchises, or (5) POLITICAL SUBDIVISION OF THE STATE.— COUNTY, COLORADO.—Community-Panel No. property, including minerals and other interests The term ‘‘political subdivision of the State’’ 080264 0005A, September 27, 1991. Federal in or on lands or waters within the urban river means a political subdivision of the State of Emergency Management Agency, Federal In- corridor portions of the Area. Colorado, any part of which is located in or surance Administration. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. adjacent to the Corridor, including a county, (14) FLOOD INSURANCE RATE MAP, LARIMER (a) COMMISSION.— city, town, water conservancy district, or COUNTY, COLORADO.—Community-Panel No. (1) IN GENERAL.—There are authorized to be special district. 080266 0608D, September 27, 1991. Federal appropriated not to exceed $250,000 to the Com- (6) SECRETARY.—The term ‘‘Secretary’’ Emergency Management Agency, Federal In- mission to carry out this Act. means the Secretary of the Interior. surance Administration. (2) MATCHING FUNDS.—Funds may be made SEC. 103. ESTABLISHMENT OF THE CACHE LA (15) FLOOD INSURANCE RATE MAP, LARIMER available pursuant to this section only to the ex- POUDRE CORRIDOR. COUNTY, COLORADO.—Community-Panel No. tent they are matched by equivalent funds or in- (a) ESTABLISHMENT.—There is established 080266 0609C, September 28, 1982. Federal kind contributions of services or materials from in the State of Colorado the Cache La Emergency Management Agency, Federal In- non-Federal sources. Poudre Corridor. surance Administration. AMENDMENT NO. 5427 (b) BOUNDARIES.—The boundaries of the (16) FLOOD INSURANCE RATE MAP, LARIMER Purpose: To establish the Cache La Poudre Corridor shall include the lands within the COUNTY, COLORADO.—Community-Panel No. Corridor. 100-year flood plain of the Cache La Poudre 080266 0628C, September 28, 1982. Federal River Basin, beginning at a point where the Mr. LOTT. Senator BROWN has an Emergency Management Agency, Federal In- Cache La Poudre River flows out of the Roo- amendment at the desk, and I ask for surance Administration. sevelt National Forest and continuing east (17) FLOOD INSURANCE RATE MAP, LARIMER its immediate consideration. 1 along the floodplain to a point ⁄4 mile west COUNTY, COLORADO.—Community-Panel No. The PRESIDING OFFICER. The of the confluence of the Cache La Poudre 080184 0002B, July 16, 1979. United States De- clerk will report. River and the South Platte Rivers in Weld partment of Housing and Urban Develop- The legislative clerk read as follows: County, Colorado, comprising less than 35,000 ment, Federal Insurance Administration. The Senator from Mississippi [Mr. LOTT], acres, and generally depicted as the 100-year (18) FLOOD INSURANCE RATE MAP, LARIMER for Mr. BROWN, proposes an amendment num- flood boundary on the Federal Flood Insur- COUNTY, COLORADO.—Community-Panel No. bered 5427. ance maps listed below: 080266 0636C, September 28, 1982. Federal (1) FLOOD INSURANCE RATE MAP, LARIMER Mr. LOTT. I ask unanimous consent Emergency Management Agency, Federal In- COUNTY, COLORADO.—Community-Panel No. that the reading of the amendment be surance Administration. 080101 0146B, April 2, 1979. United States De- (19) FLOOD INSURANCE RATE MAP, LARIMER dispensed with. partment of Housing and Urban Develop- COUNTY, COLORADO.—Community-Panel No. (The text of the amendment is print- ment, Federal Insurance Administration. 080266 0637C, September 28, 1982. Federal ed in today’s RECORD under ‘‘Amend- (2) FLOOD INSURANCE RATE MAP, LARIMER Emergency Management Agency, Federal In- ments Submitted.’’) COUNTY, COLORADO.—Community-Panel No. surance Administration. The PRESIDING OFFICER. The 080101 0147B, April 2, 1979. United States De- As soon as practicable after the date of en- question is on agreeing to the amend- partment of Housing and Urban Develop- actment of this Act, the Secretary shall pub- ment. ment, Federal Insurance Administration. lish in the Federal Register a detailed de- (3) FLOOD INSURANCE RATE MAP, LARIMER The amendment (No. 5427) was agreed scription and map of the boundaries of the COUNTY, COLORADO.—Community-Panel No. to. Corridor. 080101 0162B, April 2, 1979. United States De- (c) PUBLIC ACCESS TO MAPS.—The maps Mr. LOTT. I ask unanimous consent partment of Housing and Urban Develop- shall be on file and available for public in- the committee amendment, as amendment, Federal Insurance Administration. spection in— ed, be agreed to, the bill be deemed (4) FLOOD INSURANCE RATE MAP, LARIMER (1) the offices of the Department of the In- read for the third time and passed, mo- COUNTY, COLORADO.—Community-Panel No. terior in Washington, District of Columbia, tion to reconsider be laid upon the 080101 0163C, March 18, 1986. Federal Emer- and Denver, Colorado; and table and any statements relating to gency Management Agency, Federal Insur- (2) local offices of the city of Fort Collins, the bill be placed in the appropriate ance Administration. Larimer Country, the city of Greeley, and (5) FLOOD INSURANCE RATE MAP, LARIMER Weld County. place in the RECORD and the title of the COUNTY, COLORADO.—Community-Panel No. SEC. 104. ESTABLISHMENT OF THE CACHE LA amendment be deemed agreed to. 080101 0178C, March 18, 1986. Federal Emer- POUDRE CORRIDOR COMMISSION. The PRESIDING OFFICER. Without gency Management Agency, Federal Insur- (a) CACHE LA POUDRE CORRIDOR COMMIS- objection, it is so ordered. ance Administration. SION.— October 3, 1996 CONGRESSIONAL RECORD — SENATE S12357

(1) IN GENERAL.—Upon the recommendation (dd) The representative of the Northern (2) SUBPOENAS.—The Commission may not of the Governor, the Secretary is authorized Colorado Water Conservancy District. issue subpoenas or exercise any subpoena au- to recognize, for the purpose of developing (III) 1-YEAR TERMS.—The following initial thority. and implementing the plan referred to in members shall serve for a 1-year term: (b) MAILS.—The Commission may use the subsection (g)(1), the Cache La Poudre Cor- (aa) 1 representative of the city of Fort United States mails in the same manner and ridor Commission, as such Commission may Collins. under the same conditions as other depart- be established by the State of Colorado or its (bb) 1 representative of Larimer County. ments and agencies of the Federal Govern- political subdivisions. (cc) 1 representative of the city of Greeley. ment. (2) REFLECTION OF CROSS-SECTION OF INTER- (dd) 1 representative of Weld County. (c) MATCHING FUNDS.—The Commission ESTS.—The Secretary may provide recogni- (ee) 1 representative of the general public. may use its funds to obtain money from any tion under paragraph (1) only if the Commis- (iii) PARTIAL TERMS.— source under a program or law requiring the sion reflects the following: (I) FILLING VACANCIES.—A member of the recipient of the money to make a contribu- (A) MEMBERSHIP.— Commission appointed to fill a vacancy oc- tion in order to receive the money. (i) COMPOSITION.—The Commission shall be curring before the expiration of the term for (d) GIFTS.—Except as provided in sub- composed of 15 members appointed not later which a predecessor was appointed shall be section (e)(3), the Commission may, for the than 6 months after the date of enactment of appointed only for the remainder of the purpose of carrying out its duties, seek, ac- this Act. Of these 15 members— member’s term. cept, and dispose of gifts, bequests, or donations of money, personal property, or serv- (I) 1 member shall be a representative of (II) EXTENDED SERVICE.—A member of the the Secretary of the Interior which member Commission may serve after the expiration ices received from any source. (e) REAL PROPERTY.— shall be an ex officio member; of that member’s term until a successor has (1) IN GENERAL.—Except as provided in (II) 1 member shall be a representative of taken office. paragraph (2), the Commission may not ac- the Forest Service, appointed by the Sec- (C) COMPENSATION.—Members of the Com- quire real property or an interest in real retary of Agriculture, which member shall be mission shall receive no compensation for property. an ex officio member; their service on the Commission. (2) EXCEPTION.—Subject to paragraph (3), (III) 3 members shall be recommended by (D) TRAVEL EXPENSES.—While away from the Commission may acquire real property the Governor and appointed by the Sec- their homes or regular places of business in in the Corridor, and interests in real prop- retary, of whom— the performance of services for the Commis- erty in the Corridor— (aa) 1 member shall represent the State; sion, members shall be allowed travel ex- (A) by gift or device; (bb) 1 member shall represent Colorado penses, including per diem in lieu of subsist- (B) by purchase from a willing seller with State University in Fort Collins; and ence, in the same manner as persons em- money that was given or bequeathed to the (cc) 1 member shall represent the Northern ployed intermittently in the Government Commission; or Colorado Water Conservancy District; service are allowed expenses under section (C) by exchange. (IV) 6 members shall be representatives of 5703 of title 5, United States Code. local governments who are recommended by (3) CONVEYANCE TO PUBLIC AGENCIES.—Any the Governor and appointed by the Sec- SEC. 105. STAFF OF THE COMMISSION. real property or interest in real property ac- retary, of whom— (a) STAFF.—The Commission shall have the quired by the Commission under paragraph (aa) 1 member shall represent the city of power to appoint and fix the compensation of (2) shall be conveyed by the Commission to Fort Collins; such staff as may be necessary to carry out an appropriate non-Federal public agency, as (bb) 2 members shall represent Larimer the duties of the Commission. determined by the Commission. The convey- County, 1 of which shall represent agri- (1) APPOINTMENT AND COMPENSATION.—Staff ance shall be made— culture or irrigated water interests; appointed by the Commission— (A) as soon as practicable after acquisition; (cc) 1 member shall represent the city of (A) shall be appointed without regard to (B) without consideration; and Greeley; the civil service laws (including regulations); (C) on the condition that the real property (dd) 2 members shall represent Weld Coun- and or interest in real property so conveyed is ty, 1 of which shall represent agricultural or (B) shall be compensated without regard to used in furtherance of the purpose for which irrigated water interests; and the provisions of chapter 51 and subchapter the Corridor is established. (ee) 1 member shall represent the city of III of chapter 53 of title 5, United States (f) COOPERATIVE AGREEMENTS.—For the Loveland; and Code, relating to classification of positions purpose of carrying out the Plan, the Com- (V) 3 members shall be recommended by and General Schedule pay rates. mission may enter into cooperative agree- the Governor and appointed by the Sec- (b) EXPERTS AND CONSULTANTS.—Subject to ments with Federal agencies, State agencies, retary, and shall— such rules as may be adopted by the Com- political subdivisions of the State, and per- (aa) represent the general public; mission, the Commission may procure tem- sons. Any such cooperative agreement shall, (bb) be citizens of the State; and porary and intermittent services to the same at a minimum, establish procedures for pro- (cc) reside within the Corridor. extent as is authorized by section 3109(b) of viding notice to the Commission of any ac- (ii) CHAIRPERSON.—The chairperson of the title 5, United States Code, at rates for indi- tion that may affect the implementation of Commission shall be elected by the members viduals that do not exceed the daily equiva- the Plan. of the Commission from among members ap- lent of the annual rate of basic pay pre- (g) ADVISORY GROUPS.—The Commission pointed under subclause (III), (IV), or (V) of scribed for level V of the Executive Schedule may establish such advisory groups as it clause (i). The chairperson shall be elected under section 5316 of that title. considers necessary to ensure open commu- for a 2-year term. (c) STAFF OF OTHER AGENCIES.— nication with, and assistance from Federal (iii) VACANCIES.—A vacancy on the Com- (1) FEDERAL.—Upon request of the Commis- agencies, State agencies, political subdivi- mission shall be filled in the same manner in sion, the head of a Federal agency may de- sions of the State, and interested persons. which the original appointment was made. tail, on a reimbursement basis, any of the (h) MODIFICATION OF PLANS.— (B) TERMS OF SERVICE.— personnel of the agency to the Commission (1) IN GENERAL.—The Commission may (i) IN GENERAL.—Except as provided in to assist the Commission in carrying out the modify the Plan if the Commission deter- clause (ii) and (iii), each member of the Com- Commission’s duties. The detail shall be mines that such modification is necessary to mission shall be appointed for a term of 3 without interruption or loss of civil service carry out this title. years and may be reappointed. status or privilege. (2) NOTICE.—No modification shall take ef- (ii) INITIAL MEMBERS.—The initial members (2) ADMINISTRATIVE SUPPORT SERVICES.— fect until— of the Commission first appointed under sub- The Administrator of the General Services (A) any Federal agency, State agency, or paragraph (A)(i) shall be appointed as fol- Administration shall provide to the Commis- political subdivision of the State that may lows: sion, on a reimbursable basis, such adminis- be affected by the modification receives ade- (I) 3-YEAR TERMS.—The following initial trative support services as the Commission quate notice of, and an opportunity to com- members shall serve for a 3-year term: may request. ment on, the modification; (aa) The representative of the Secretary of (3) STATE.—The Commission may— (B) if the modification is significant, as de- the Interior. (A) accept the service of personnel detailed termined by the Commission, the Commis- (bb) 1 representative of Weld County. from the State, State agencies, and political sion has— (cc) 1 representative of Larimer County. subdivisions of the State; and (i) provided adequate notice of the modi- (dd) 1 representative of the city of (B) reimburse the State, State agency, or fication by publication in the area of the Loveland. political subdivision of the State for such Corridor; and (ee) 1 representative of the general public. services. (ii) conducted a public hearing with re- (II) 2-YEAR TERMS.—The following initial SEC. 106. POWERS OF THE COMMISSION. spect to the modification; and members shall serve for a 2-year term: (a) HEARINGS.— (C) the Governor has approved the modi- (aa) The representative of the Forest Serv- (1) IN GENERAL.—The Commission may hold fication. ice. such hearings, sit and act at such times and SEC. 107. DUTIES OF THE COMMISSION. (bb) The representative of the State. places, take such testimony, and receive (a) PLAN.—The Commission shall prepare, (cc) The representative of Colorado State such evidence as the Commission considers obtain approval for, implement, and support University. necessary to carry out this title. the Plan in accordance with section 108. S12358 CONGRESSIONAL RECORD — SENATE October 3, 1996

(b) MEETINGS.— may submit the revised Plan to the Sec- (7) LAND EXCHANGES.—The Commission (1) TIMING.— retary who shall approve or disapprove the shall assist in identifying and implementing (A) INITIAL MEETING.—The Commission revision within 60 days. If the Governor does land exchanges within the State of Colorado shall hold its first meeting not later than 90 not concur in the revised Plan, he may re- by Federal and State agencies that will ex- days after the date on which its last initial submit it to the Commission together with pand open space and recreational opportuni- member is appointed. his recommendations for further consider- ties within the flood plain of the Corridor. (B) SUBSEQUENT MEETINGS.—After the ini- ation and modification. SEC. 109. TERMINATION OF TRAVEL EXPENSES tial meeting, the Commission shall meet at (2) IMPLEMENTATION OF PLAN.—After ap- PROVISION. the call of the chairperson or 7 of its mem- proval by the Secretary, the Commission Effective on the date that is 5 years after bers, except that the commission shall meet shall implement and support the Plan as fol- the date on which the Secretary approves at least quarterly . lows: the Plan, section 104 is amended by striking (2) QUORUM.—Ten members of the Commis- (A) CULTURAL RESOURCES.— subsection (e). sion shall constitute a quorum, but a lesser (i) IN GENERAL.—The Commission shall as- SEC. 110. DUTIES OF THE SECRETARY. number of members may hold hearings. sist Federal agencies, State agencies, politi- (a) ACQUISITION OF LAND.—The Secretary (3) BUDGET.—The affirmative vote of not cal subdivisions of the State, and nonprofit may acquire land and interests in land with- less than 10 members of the Commission organizations in the conservation and inter- in the Corridor that have been specifically shall be required to approve the budget of pretation of cultural resources within the identified by the Commission for acquisition the Commission. Corridor. by the Federal Government and that have (c) ANNUAL REPORTS.—Not later than May (ii) EXCEPTION.—In providing the assist- been approved for the acquisition by the 15 of each year, following the year in which ance, the Commission shall in no way in- Governor and the political subdivision of the the members of the Commission have been fringe upon the authorities and policies of a State where the land is located by donation, appointed, the Commission shall publish and Federal agency, State agency, or political purchase with donated or appropriated funds, submit to the Secretary and to the Gov- subdivision of the State concerning the ad- or exchange. Acquisition authority may only ernor, an annual report concerning the Com- ministration and management of property, be used if the lands cannot be acquired by mission’s activities. water, or water rights held by the agency, donation or exchange. No land or interest in SEC. 108. PREPARATION, REVIEW, AND IMPLE- political subdivision, or private persons or land may be acquired without the consent of MENTATION OF THE PLAN. entities, or affect the jurisdiction of the (a) PREPARATION OF PLAN.— State of Colorado over any property, water, the owner. (b) TECHNICAL ASSISTANCE.—The Secretary (1) IN GENERAL.—Not later than 2 years or water rights within the Corridor. shall, upon the request of the Commission, after the Commission conducts its first (3) PUBLIC AWARENESS.—The Commission meeting, the Commission shall submit to the shall assist in the enhancement of public provide technical assistance to the Commis- Governor a Corridor Interpretation Plan. awareness of, and appreciation for, the his- sion in the preparation and implementation (2) DEVELOPMENT.—In developing the Plan, torical, recreational, architectural, and engi- of the Plan pursuant to section 108. ETAIL.—Each fiscal year during the ex- the Commission shall— neering structures in the Corridor, and the (c) D (A) consult on a regular basis with appro- archaeological, geological, and cultural re- istence of the Commission, the Secretary priate officials of any Federal or State agen- sources and sites in the Corridor— shall detail to the Commission, on a non- cy, political subdivision of the State, and (A) by encouraging private owners of iden- reimbursable basis, 2 employees of the De- local government that has jurisdiction over tified structures, sites, and resources to partment of the Interior to enable the Com- or an ownership interest in land, water, or adopt voluntary measures for the preserva- mission to carry out the Commission’s du- water rights within the Corridor; and tion of the identified structure, site, or re- ties under section 107. (B) conduct public hearings within the Cor- source; and SEC. 111. OTHER FEDERAL ENTITIES. ridor for the purpose of providing interested (B) by cooperating with Federal agencies, (a) DUTIES.—Subject to section 112, a Fed- persons the opportunity to testify about State agencies, and political subdivisions of eral entity conducting or supporting activi- matters to be addressed by the Plan. the State in acquiring, on a willing seller ties directly affecting the flow of the Cache (3) RELATIONSHIP TO EXISTING PLANS.—The basis, any identified structure, site, or re- La Poudre River through the Corridor, or the Plan— source which the Commission, with the con- natural resources of the Corridor shall con- (A) shall recognize any existing Federal, currence of the Governor, determines should sult with the Commission with respect to the State, and local plans; be acquired and held by an agency of the activities; (B) shall not interfere with the implemen- State. (b) AUTHORIZATION.— tation, administration, or amendment of (4) RESTORATION.—The Commission may (1) IN GENERAL.—The Secretary or Admin- such plans; and assist Federal agencies, State agencies, po- istrator of a Federal agency may acquire (C) to the extent feasible, shall seek to co- litical subdivisions of the State, and non- land in the flood plain of the Corridor by ex- ordinate the plans and present a unified in- profit organizations in the restoration of any change for other lands within the agency’s terpretation plan for the Corridor. identified structure or site in the Corridor jurisdiction within the State of Colorado, (b) REVIEW OF PLAN.— with consent of the owner. The assistance based on fair market value, if the lands have (1) IN GENERAL.—The Commission shall may include providing technical assistance been identified by the Commission for acqui- submit the Plan to the Governor for the Gov- for historic preservation, revitalization, and sition by a Federal agency and the Governor ernor’s review. enhancement efforts. and the political subdivision of the State or (2) GOVERNOR.—The Governor may review (5) INTERPRETATION.—The Commission the owner where the lands are located concur the Plan and, if the Governor concurs in the shall assist in the interpretation of the his- in the exchange. Land so acquired shall be Plan, may submit the Plan to the Secretary, torical, present, and future uses of the Cor- used to fulfill the purpose for which the Cor- together with any recommendations. ridor— ridor is established. (3) SECRETARY.—The Secretary shall ap- (A) by consulting with the Secretary with (2) CONVEYANCE OF SURPLUS REAL PROP- prove or disapprove the Plan within 90 days. respect to the implementation of the Sec- ERTY.—Without monetary consideration to In reviewing the Plan, the Secretary shall retary’s duties under section 110; the United States, the Administrator of Gen- consider the adequacy of— (B) by assisting the State and political eral Services may convey to the State of Col- (A) public participation; and subdivisions of the State in establishing and orado, its political subdivisions, or instru- (B) the Plan in interpreting, for the edu- maintaining visitor orientation centers and mentalities thereof all of the right, title, and cational and inspirational benefit of present other interpretive exhibits within the Cor- interest of the United States in and to any and future generations, the unique and sig- ridor; surplus real property (within the meaning of nificant contributions to our national herit- (C) by encouraging voluntary cooperation section 3(g) of the Federal Property and Ad- age of cultural and historical lands, water- and coordination, with respect to ongoing in- ministrative Services Act of 1949 (40 U.S.C. ways, and structures within the Corridor. terpretive services in the Corridor, among 472(g))) within the State of Colorado which (c) DISAPPROVAL OF PLAN.— Federal agencies, State agencies, political the Secretary has determined is suitable and (1) NOTIFICATION BY SECRETARY.—If the subdivisions of the State, nonprofit organiza- desirable to meet the purposes for which the Secretary disapproves the Plan, the Sec- tions, and private citizens; and Corridor is established. Subparagraph (B) of retary shall, not later than 60 days after the (D) by encouraging Federal agencies, State section 203(k)(3) of such Act shall apply to date of disapproval, advise the Governor and agencies, political subdivisions of the State, any conveyance made under this paragraph. the Commission of the reasons for dis- and nonprofit organizations to undertake For purposes of the preceding sentence, such approval, together with recommendations new interpretive initiatives with respect to subparagraph shall be applied by substitut- for revision. the Corridor. ing ‘‘the purposes for which the Cache La (A) REVISION AND RESUBMISSION TO GOV- (6) RECOGNITION.—The Commission shall Poudre Corridor is established’’ for ‘‘historic ERNOR.—Not later than 90 days after receipt assist in establishing recognition for the monument purposes’’. of the notice of disapproval, the Commission Corridor by actively promoting the cultural, SEC. 112. EFFECT ON ENVIRONMENTAL AND shall revise and resubmit the Plan to the historical, natural, and recreational re- OTHER STANDARDS, RESTRICTIONS, Governor for review. sources of the Corridor on a community, re- AND SAVINGS PROVISIONS. (B) RESUBMISSION TO SECRETARY.—If the gional, statewide, national, and inter- (a) EFFECT ON ENVIRONMENTAL AND OTHER Governor concurs in the revised Plan, he national basis. STANDARDS.— October 3, 1996 CONGRESSIONAL RECORD — SENATE S12359 (1) VOLUNTARY COOPERATION.—In carrying (7) deny, condition, or restrict the con- mary importance to the people of my out this title, the Commission and Secretary struction, repair, rehabilitation, or expan- great home State of Mississippi and to shall emphasize voluntary cooperation. sion of water facilities, including the people of this great Nation. Why do (2) RULES, REGULATIONS, STANDARDS, AND stormwater, water, and wastewater treat- I say this? Clearly, the thousands of PERMIT PROCESSES.—Nothing in this title ment facilities; or shall be considered to impose or form the (8) deny, condition, or restrict the exercise phone calls and letters that I have re- basis for imposition of any environmental, of water rights in accordance with the sub- ceived expressing the importance of occupational, safety, or other rule, regula- stantive and procedural requirements of the the many worthy projects and goals as tion, standard, or permit process that is dif- laws of the State. set forth in this bill—projects such as ferent from those that would be applicable (c) SAVINGS PROVISION.—Nothing in this the Corinth, MS, battlefield interpre- had the Corridor not been established. title shall diminish, enlarge, or modify a tive center and the Natchez National (3) ENVIRONMENTAL QUALITY STANDARDS.— right of a Federal agency, State agency, or Historical Park visitor’s center—are Nothing in this title shall be considered to political subdivision of the State— evidence of the support these projects impose the application or administration of (1) to exercise civil and criminal jurisdic- any Federal or State environmental quality tion within the Corridor; or have received and of their importance. standard that is different from those that (2) to tax persons, corporations, franchises, The support in my home State has will be applicable had the Corridor not been or property, including minerals and other in- been overwhelming as many individ- established. terests in or on lands or waters within the uals and groups have worked tirelessly (4) WATER STANDARDS.—Nothing in this urban portions of the Corridor. to preserve and protect the heritage of title shall be considered to impose any Fed- (d) ACCESS TO PRIVATE PROPERTY.—Noth- our great State as well as to provide eral or State water use designation or water ing in this title requires an owner of private the proper surroundings and facilities quality standard upon uses of, or discharges property to allow access to the property by for visitors to these cities from Mis- to, waters of the State or waters of the Unit- the public. ed States, within or adjacent to the Corridor, sissippi and from other States. SEC. 113. AUTHORIZATION OF APPROPRIATIONS. What could be a more worthy goal of that is more restrictive than those that (a) IN GENERAL.—There are authorized to would be applicable had the Corridor not be appropriated not to exceed $50,000 to the our efforts and what could provide our been established. Commission to carry out this Act for each of people with better examples of what is (5) PERMITTING OF FACILITIES.—Nothing in the first 5 fiscal years following the date of right with America? Our parks are a the establishment of the Corridor shall enactment of this Act. refuge from the tediousness of our abridge, restrict, or alter any applicable (b) MATCHING FUNDS.—Funds may be made daily work lives and from the sense of rule, regulation, standard, or review proce- available pursuant to this section only to frustration we feel as we watch the dure for permitting of facilities within or ad- the extent they are matched by equivalent world change around us. Our parks re- jacent to the Corridor. funds or in-kind contributions of services or assure us that this country will pre- (6) WATER FACILITIES.—Nothing in the es- materials from non-Federal sources. tablishment of the Corridor shall affect the The title was amended so as to read: serve the heritage that has made our continuing use and operation, repair, reha- country great. ‘‘A Bill To Establish the Cache La Poudre bilitation, expansion, or new construction of And where do these attitudes develop River Corridor’’. water supply facilities, water and from which we seek this refuge? Why, wastewater treatment facilities, stormwater f from the media’s constant highlighting facilities, public utilities, and common car- PRESIDIO PROPERTIES of the negative factors we face rather riers. ADMINISTRATION ACT from the hope and optimism that pro- (7) WATER AND WATER RIGHTS.—Nothing in the establishment of the Corridor shall be Mr. MURKOWSKI. Mr. President, I duces change and improvement, of considered to authorize or imply the reserva- ask unanimous consent the Senate now course. tion or appropriation of water or water turn to the consideration of H.R. 4236. A famous American once remarked rights for any purpose. The PRESIDING OFFICER. The that he preferred death to a loss of lib- (b) RESTRICTIONS ON COMMISSION AND SEC- clerk will report. erty. Mr. President, I prefer the worthy RETARY.—Nothing in this title shall be con- The legislative clerk read as follows: goals envisioned in this legislation and strued to vest in the Commission or the Sec- the efforts to achieve those goals to retary the authority to— A bill (H.R. 4236) to provide for the admin- the negativism of the media—give me istration of certain Presidio properties at (1) require a Federal agency, State agency, the enjoyment, serenity, and edu- political subdivision of the State, or private minimal cost to the Federal taxpayer, and for other purposes. cational opportunities provided by our person (including an owner of private prop- parks and permit me to pass on the erty) to participate in a project or program The PRESIDING OFFICER. Is there carried out by the Commission or the Sec- objection to the immediate consider- negativism provided by the Washington retary under the title; ation of the bill? Post. Mr. President, I want to take this op- (2) intervene as a party in an administra- There being no objection, the Senate portunity to commend the people of tive or judicial proceeding concerning the proceeded to consider the bill. application or enforcement of a regulatory the Corinth and Natchez areas of Mis- Mr. LOTT. Mr. President, today the authority of a Federal agency, State agency, sissippi for their dedication to the Senate is considering the Omnibus or political subdivision of the State, includ- goals that we achieve by the passage of Parks and Public Lands Management ing, but not limited to, authority relating this legislation today. To them I say, Act of 1996, H.R. 4236. I rise to speak in to— well done, good and faithful servants (A) land use regulation; support of this important legislation and protectors of the public interest. (B) environmental quality; and to urge my colleagues to render Mr. President, I would also like to (C) licensing; their support. take this opportunity to commend the (D) permitting; H.R. 4236 evidences a Herculean effort leadership and tenacity of my friend (E) easements; by the entire membership of this Con- (F) private land development; or and colleague, the Senator from Alas- gress as the provisions of the legisla- (G) other occupational or access issue; ka, the chairman of the Energy and tion will touch and affect the width (3) establish or modify a regulatory au- Natural Resources Committee, Senator thority of a Federal agency, State agency, or and breadth of our great Nation. The MURKOWSKI. He has represented his political subdivision of the State, including Washington Post noted in an editorial State well in this matter and has never authority relating to— today that lost sight of the best interests of the (A) land use regulation; [i]t’s amazing what a Congress finally (B) environmental quality; or country as a whole. comes down to. The members spend two Mr. President, I have concerns that (C) pipeline or utility crossings; years making speeches and otherwise taking (4) modify a policy of a Federal agency, positions on the great issues of the time, we have not adequately addressed pri- State agency, or political subdivision of the whatever those may be. Then it turns out vate property rights in this bill as we State; that what they really care about are not could and should have done. We could (5) attest in any manner the authority and those lofty issues at all but lesser items. . .. and should have done more to ade- jurisdiction of the State with respect to the this year’s case in point involves the parks quately address private property rights acquisition of lands or water, or interest in bill still before the Senate. lands or water; protection in every aspect as those (6) vest authority to reserve or appropriate Contrary to the cynical and negative rights are affected by Federal law. I water or water rights in any entity for any view of the Washington Post, I am of pledge my continued support to those purpose; the belief that this legislation is of pri- efforts in the next Congress. However, S12360 CONGRESSIONAL RECORD — SENATE October 3, 1996 despite such failure, the worthiness of views of the Virginia delegation and I have remained committed to this this legislation and the good it will do raised significant objections to these effort because of the steadfast support for the people of Mississippi and the two provisions. While updating the and leadership by many local citizens, rest of the United States has convinced boundaries of the Shenandoah National property owners, preservationists, and me to strongly support this bill and to Park and expanding the boundaries of local government officials in the val- urge my colleagues to give H.R. 4236 the Richmond National Park are very ley. They have given generously of their strong support. important to me and to those host their personal time to organize local Mr. WARNER. Mr. President, I rise local governments and citizens, I un- meetings, testify before Congress, and in strong support of this legislation derstand the need to move forward work with the Park Service to advance which addresses the urgent needs of with this bill today. our proposal. It is clear that our efforts many national parks across our coun- Let me be clear, that I look forward today would not be possible without try. to bringing these two matters back be- their firm resolve and passion to pre- This bill is important to maintaining fore the Senate next year. I know that serve these battlefields. the historical integrity of Virginia’s with further discussions with the ad- According to the Park Service, the national parks and provides additional ministration, the Park Service will un- areas in the valley possess significant protections and recognition for 10 his- derstand our intent to respond to the historical integrity and remain in ex- torically significant Civil War battle- resource needs of these parks. cellent condition for preservation. fields in the Shenandoah Valley. Mr. President, despite these omis- The citizens of the valley are to be This legislation also includes a provisions, the matter before the Senate in- commended for their responsible stew- sion I have sponsored for many years cludes three provisions for Virginians ardship over the years to protect these authorizing a memorial to Dr. Martin that represent years of hard work, battlefields for future generations to Luther King, Jr., in the District of Co- dedication, and commitment by many enjoy and understand the tragedy of lumbia. The Alpha Phi Alpha frater- individuals at the local level. the Civil War in the valley. Today, this nity, the oldest predominately African- I am very pleased that this bill pro- bill ensures that they will no longer be American fraternity in the United vides for the expansion of the Colonial shouldering this effort alone. Today, States, will establish this memorial National Historic Park and the Cum- the National Park Service becomes a without cost to the Federal Govern- berland Gap National Park, and brings full partner in this task. ment. long overdue national recognition to The central feature of the historic Freestanding legislation sponsored the Civil War battlefields in the Shen- district designation is to encourage by Senator SARBANES and myself has andoah Valley. and promote an atmosphere of coopera- been favorably reported from the Com- The Shenandoah Valley Battlefields tion between the Federal Government, mittee on Rules and Administration National Historic District is the prod- State and local governments, property last year and in prior Congresses. This uct of an in-depth study by the Na- owners, and preservations groups. memorial will live as tangible recogni- tional Park Service which was author- We have been fortunate that the val- tion of Dr. King’s remarkable contribu- ized by the Congress in 1990. The Park ley’s predominately agricultural land tions to our Nation. It ensures that his Service conducted field surveys of fif- uses have provided protection for these message of nonviolence and freedom teen battlefields in the valley and con- battlefields. This rural landscape, how- for all must be passed from generation cluded in their analysis that ‘‘because ever, is rapidly changing. to generation. In accepting the Nobel Peace Prize in of their size and unprotected status, Now is the time for the Federal Gov- 1964, Dr. King said: the battlefields of the Shenandoah Val- ernment to become a full partner with ley were its most important most ne- local and private efforts to bring na- Nonviolence is the answer to crucial political and moral questions of our time; the need glected, and most threatened re- tional recognition and to develop a co- for man to overcome oppression and violence source.’’ ordinated preservation strategy for without resorting to oppression and violence. The legislation before the Senate these battlefields. Mr. President, I would be remiss not today provides for the preservation and As noted in the Study of Civil War to commend Chairman MURKOWSKI of visitor understanding of the significant Sites in the Shenandoah Valley of Vir- the Energy and Natural Resources battlefields of McDowell, Cross Keys, ginia ‘‘no single alternative is best Committee, and the ranking member, Port Republic, Second Winchester, New suited to these sites. A balance must be Senator JOHNSTON for their determina- Market, Fisher’s Hill, Tom’s Brook, achieved between preservation, the tion to forge a bipartisan package and Cedar Creek, Kernstown, and Opequon. Valley lifestyle, and economic for their continued attention to the The historic district also incorporates development * * *’’. protection of Virginia’s historic re- the historic transportation routes uti- In keeping with these recommenda- sources. lized by both Union and Confederate tions, I believe the historic district Throughout this Congress, the mem- troops during the pivotal valley cam- designation with specific duties for the bers of the Energy Committee have paigns of 1862 and 1864. Park Service and Commission provides worked with me to advance the protec- Mr. President, throughout my service the right balance for preserving these tions of the Civil War battlefields in in this body, I have been actively in- battlefields. the Shenandoah Valley and to provide volved in the preservation of Virginia’s With direct Federal assistance and for a modest expansion of both the Co- historic resources. One of my first ini- resources, a commission comprised of lonial National Historic Park and the tiatives in 1980 was to sponsor legisla- local representatives and historians to Cumberland Gap National Historical tion to expand the boundaries of the devise a plan for stewardship, the au- Park. Manassas National Battlefield Park by thority for the Secretary and the com- The conference report on the Omni- 1,522 acres. I am pleased that the Con- mission to enter into cooperative ar- bus Parks bill before the Senate last gress continues it’s recognition of Vir- rangements with local governments week included additional provisions re- ginia’s rich history and contributions and private landowners, we are achiev- lating to the management of the Rich- to our national heritage with the des- ing enormous protections for these na- mond National Battlefield Park and ignation of the valley’s battlefields as tional treasures and promoting com- the boundaries of the Shenandoah Na- a historic district. patible economic growth through herit- tional Park. Many citizens committed to fostering age tourism. Mr. President, these provisions had the protection of these battlefields Mr. President, the provision on the the bipartisan support of the Virginia have worked diligently since the Park Colonial National Historic Park passed delegation and permitted the Park Service study began in 1990 to craft a this body earlier this year and in prior Service to improve the management consensus proposal that recognizes the Congresses. It authorizes the Secretary and to expand the boundaries to in- limits of the Federal Government’s re- of the Interior to convey land and clude historically significant lands in sources to acquire substantial acreage sewer lines to the County of York and these parks. in the valley and balances the needs of authorizes the necessary funding to re- I am very disappointed that the ad- property owners and local governments habilitate the Moore House sewer sys- ministration did not concur with the to provide for their economic future. tem to meet current Federal standards. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12361 The necessity for this legislation is sistent level of scenic integrity along Medal of Honor for Valor. The sac- evident based on the growing needs of the entire parkway that will well-serve rifices of these soldiers were so notable the county and the limitations of the the purpose of the parkway for years to that they helped ensure passage of the National Park Service’s ability to con- come. 13th amendment, which abolished slav- tinue to provide sewer services to the Mr. ROBB. Mr. President, I rise ery. local community. today to speak about provisions in the In conclusion, Mr. President, I am In 1948 and 1956 Congress passed legis- omnibus parks bill that affect my proud to represent a State interested lation which directed the National State, Virginia. Our Commonwealth is in the protection of our natural, cul- Park Service to design and construct rich in historic and natural resources tural, and historic resources. And that sewer systems to serve Federal and and I am pleased to support a parks bill is why I stand in support of the Vir- non-Federal properties in the area of that establishes a national historic dis- ginia provisions in this bill. The pas- Yorktown, VA. In 1956, the National trict in the Shenandoah Valley and au- sage of this bill demonstrates our con- Park Service acquired easements from thorizes improvements to the Colonial cern and commitment to preserving the board of supervisors of York Coun- National Historical Park. our national parks. ty and the trustees of the town of Mr. President, establishing a na- Mr. BRADLEY. Mr. President, I am York. At that time, York County was a tional historic district in the Shen- extremely pleased that today the Sen- rural area with limited financing and andoah Valley will help preserve the ate is acting to ensure the preservation population. Now, York County has a legacy of the Civil War in the valley. of Sterling Forest, a nationally signifi- fully functioning Department of Envi- We worked with people at the grass- cant tract of land in the Highlands ronmental Services which operates roots level to balance the interests of area of New York State on the New sewer systems throughout York Coun- property owners, local and State gov- Jersey border. This bill authorizes $17.5 ty. ernment officials, and historic pres- million for establishment of a Sterling Negotiations to transfer the York- ervationists while providing a Federal Forest Reserve and designates the Pali- town and Moore House systems have presence to protect the battlefields sades Interstate Park Commission been ongoing since the 1970’s. This pro- from development. This new designa- [PIPC] to manage the new entity. The vision fulfills the commitments made tion means the historic district will over 15,000 acres of Sterling Forest we between the Park Service and York have the national recognition and re- protect today is the last link needed to County to provide for the full transfer sources of a national park unit, but it form an unbroken chain of 100,000 acres of ownership to York County. will enjoy complete local control. of parks and protected lands in the Equally important, is another ele- This legislation also establishes a New York-New Jersey region—one of ment of the Colonial provision which commission made up of landowners, the biggest parcels of protected land permits the acquisition of a small par- preservationists, and local and State east of the Mississippi River. cel of land along the Colonial Parkway government officials to work coopera- Not only do these lands contain a near Jamestown. This 20-acre parcel is tively with the Park Service to pre- wide variety of wildlife and plants, but critical to protect the scenic integrity serve the battlefields. The Commission they also protect one-fourth of the of the parkway. This area has the nar- will have the power to administer and drinking water for New Jersey and pro- rowest right-of-way of any portion of manage the park, while the Park Serv- vide needed open space for about 20 the parkway. ice will help with technical assistance million people in the New York-New The acquisition includes one row of and land acquisition. Jersey metropolitan region. lots adjoining the parkway in a rapidly Mr. President, we have also been The land will be purchased from will- developing residential neighborhood working for years to make improve- ing sellers through a unique partner- known as Page Landing. Development ments at the Colonial National Histori- ship of State, Federal, and private in- of those lots would have a severe im- cal Park, and this bill finally permits terests and will be managed by the pact on the scenic qualities of the two actions that will improve the PIPC, a New York-New Jersey parks parkway. In order to prevent any dis- park’s management. The parks bill au- management body. Since the PIPC cur- turbances to this land, the conserva- thorizes a boundary adjustment to per- rently manages 23 other parks, visited tion fund responded quickly to pur- mit the Park Service to acquire prop- by over 8 million people each year, we chase this parcel. The Park Service erty adjacent to the Colonial Parkway, can be assured that the reserve will be identified this property as a high prior- the scenic 23-mile road connecting well cared for. ity and the conservation fund intends Jamestown Island, Williamsburg, and The Federal contribution authorized to transfer title to the land to the Park Yorktown. by this bill amounts to only a small Service. The Colonial provision also allows portion of the total needed, but it is The Colonial Parkway was author- the Park Service to transfer a sewage the crucial piece that makes the rest of ized by Congress as part of the Colonial system to the appropriate service au- the plan come together. Enactment of National Historic Park in the 1930’s to thority, York County. Managing the this bill also frees up $9 million for connect Jamestown, Williamsburg, and sewer system does not fall under the Sterling Forest land acquisition, con- Yorktown with a scenic limited access responsibilities of the Park Service and tained in the recently-enacted Con- motor road. According to the 1938 act the transfer should have been com- tinuing resolution. of Congress, the parkway corridor is to pleted years ago. Although located entirely in New be an average of 500 feet in width. In Mr. President, work remains on re- York State, the area affected by the most areas, the roadway was built in solving boundary concerns for Shen- bill represents some of the most criti- the middle of the corridor. In the area andoah National Park and the Rich- cal New Jersey watershed still left un- between Mill Creek and Neak O’Land mond Battlefields Park, and I am hope- developed and in private hands. It also road, however, the parkway was built ful that the Virginia congressional del- contains the largest unbroken tract of closer to the northern boundary to egation will work to achieve a solution forest land still remaining along the avoid wetlands, placing the roadway in the 105th Congress. The progress New York-New Jersey border. This 20- very close to the adjoining private we’ve made will provide a framework square-mile parcel represents a com- property. for the next Congress so we may finally plete range of wildlife habitat, hills This segment is the only area along address the concerns of private land- and wetlands, and is home to a large the parkway where the National Park owners, local governments, and pres- number of threatened and endangered Service owns only 100 feet back from ervationists. species. the centerline of the road. The Park In addition, Congress should move The forest is crossed in the north by Service owns 250 feet or more from the forward next year and pass legislation the Appalachian Trail, a unit of the center line in all other areas of the 23- that highlights the special historical National Park System, which is used mile parkway in James City County significance of the New Market Heights heavily for hiking. Even better, this and York County. battlefield. Preservation of this area is area provides a taste of the outdoors Mr. President, this bill ensures that important, for it marks the area where for a region where such experiences are the Colonial Parkway provides a con- 14 black Federal soldiers won the Army at a premium. In fact, 1 in every 12 S12362 CONGRESSIONAL RECORD — SENATE October 3, 1996 Americans lives within a 2-hour drive cellent recreational and scenic oppor- sea. It will also include the Ernestina, of its boundaries. tunities and is habitat to hundreds of the restored, century-old vessel that is Most important for New Jersey, animal species. The developer of this the oldest Grand Banks schooner in ex- though, are the billions of gallons of land, a Swiss company, had plans to de- istence and is now moored in New Bed- fresh, clean drinking water that flow velop thousands of residential units ford’s port. from within its boundaries. The and millions of square feet of commer- Another important feature of the Monkville/Wanaque reservoirs, which cial space. This legislation will ensure park is the Old Dartmouth Historical draw from the Sterling Forest water- that these plans do not go forward. The Society’s Whaling Museum, which shed, serve one in four New Jerseyites Sterling Forest Corp. agreed to sell the houses the world’s premier whaling ar- and many New Yorkers as well. To property for $55 million. The Federal chives and art collection. The muse- threaten this watershed is to threaten contribution will complement a com- um’s library contains thousands of ship the health and livelihood of millions of mitment of $20 million from the gov- logs, charts, maps, photos and other Americans or force taxpayers to pay ernments of New York and New Jersey, records documenting the history of many times the cost of this land for ex- and several million dollars from nu- whaling in America. pensive water treatment facilities. merous private contributions. Another important feature and dem- Mr. LEAHY. Mr President, it gives Mr. President, my colleague from onstration of the strong private sector me great satisfaction to rise today in New Jersey, Senator BRADLEY, and I commitment to this park is the Visitor support of HR 4236, the Omnibus Parks sponsored legislation to protect the Center, located in an historic building bill. Although this bill became entan- Sterling Forest and I am pleased to see that was donated last year by the Fleet gled in several battles on other issues, it included in the package before us Bank. I think everyone will agree that pas- today. I’m also pleased that the park will sage of this legislation in its final con- Mr. President, I am also pleased that encourage cooperation with a North figuration represents the Senate’s com- the bill before us contains another im- Slope Cultural Center being developed mitment to passing small, yet locally portant piece of legislation that Sen- in Barrow, AK where whaling is still a very important legislation that other- ator BRADLEY and I introduced—S. 188, way of life. wise could have gotten lost in the shuf- to designate the Great Falls Historic The New Bedford National Whaling fle. In particular, I am pleased to see District in Paterson, NJ. Mr. Presi- Historical Park will provide a signifi- one provision that will reform the For- dent, the Great Falls area of Paterson cant boost to the economy of the re- est Service’s fee structure for ski area is known as the birthplace of the indus- gion, as more and more visitors come permits on Forest Service land. Last trial revolution. In 1791, Alexander to New Bedford to learn about its ex- year, Senator MURKOWSKI and I intro- Hamilton, as Secretary of the Treas- traordinary history. duced this bill to simplify the process ury, founded the Society for the Estab- The omnibus parks legislation also of collecting fees from ski areas for use lishment of Useful Manufacturers at creates a Boston Harbor Islands Na- of Forest Service land. the Great Falls. He used the Great tional Recreation Area, which will pre- When I introduced the bill with Sen- Falls to supply power to various mills serve historic and cultural sites, ex- ator MURKOWSKI, I emphasized the im- and factories, thereby allowing pand recreational opportunities, and portance of this bill for ski areas Paterson to become one of the world’s improve public access to the 31 pictur- across the country, but also the envi- great industrial cities. esque islands that are found through- ronmental importance of this bill. Ski- This legislation allows the Secretary out Boston harbor. ing is one of the best uses that we have of the Interior to enter into coopera- Each of these islands bears an indel- today on our national forests. The ski tive agreements to preserve and inter- ible mark from past eras of the Na- industry brings millions of people to pret Paterson’s history. This historic tion’s history. Their names alone cap- the mountains to enjoy fresh air, sce- and cultural recognition would provide ture the imagination—Hangman Is- nery and the mountain environment. a great boost for jobs and economic de- land, Bumpkin Island, Moon Island, Few other national forest activities are velopment in Paterson and will com- Castle Island, Spectacle Island, Hog Is- able to host such intense public use plement an urban revitalization pro- land, Raccoon Island, Snake Island, with relatively minimal impact. gram under the leadership of Mayor Nut Island, World’s End Island, each By refining the structure of the fee William Pascrell. with its own story and tradition. structure, operators of ski areas will be I urge my colleagues to join in sup- During the past three centuries, the able to continue in this productive reporting this important package. islands’ lighthouses and Revolutionary lationship with the Forest Service. The Mr. KENNEDY. Mr. President, this War-era fortifications have played a streamlined fee structure will also en- omnibus parks legislation is a tremen- strategic role in the defense of Boston able the Forest Service to move to- dous victory for the entire Nation. communities. Boston Light, which wards a fee system that is closer to fair This landmark bill will protect natu- began operation in 1716 and is now the market value. It also will save the For- ral and historic resources in 41 States, oldest continuously operating light- est Service and the ski industry consid- including four areas of particular im- house in the country, is located on Lit- erable time and money in collecting portance in Massachusetts. Senator tle Brewster Island. these fees. KERRY and I have worked closely on Today, the islands offer abundant op- It is my hope that through reforms these provisions with Senate Energy portunities for visitors to enjoy swim- such as this, the private sector and the and Natural Resources Committee ming, fishing, camping, digging clams, Federal agencies that manage our pub- Chairman FRANK MURKOWSKI and Sen- picking berries, catching butterflies, lic lands will continue to build a coop- ate Parks Subcommittee Chairman watching birds and whales, and hiking erative and productive relationship in BEN NIGHTHORSE CAMPBELL and the on well-maintained trails. All of the is- protecting and providing access to our ranking members of the committee and lands offer spectacular views of the public lands. subcommittee, Senators BENNETT modern Boston skyline and the Atlan- Mr. LAUTENBERG. Mr. President, I JOHNSTON and DALE BUMPERS. We com- tic Ocean. rise in support of the Omnibus Parks mend them and thank them for their The preservation of the Boston Har- package and I would like to note the great assistance and support. bor Islands has long-standing biparti- inclusion of two very important com- The omnibus legislation establishes a san support, and I am confident that ponents in this package for my State. new Whaling National Historical Park the Boston Harbor Islands National The first is authorization of $17.5 mil- in New Bedford, which will preserve Recreation Area will serve as a magnet lion for the Secretary of the Interior to and showcase dozens of historic build- to attract visitors to the many other purchase over 15,000 acres of the Ster- ings that will appear much as they did cultural attractions in the Boston ling Forest. This land, located in New in the whaling industry’s heyday. The area. York, is the source of drinking water park will include the Seamen’s Beth- The omnibus parks bill also creates for 25 percent of New Jersey house- el—the church in Moby Dick where the the Essex County Heritage District to holds. Located just 35 miles from New narrator heard Father Mapple offer protect the region’s natural resources York City, Sterling Forest contains ex- prayers for sailors before setting out to and emphasize its historic role in the October 3, 1996 CONGRESSIONAL RECORD — SENATE S12363 Nation’s development. Essex County committee in the Senate, and it has The Lamprey is approximately 60 already includes 23 National Historic passed the House of Representatives miles in length and serves as the major Landmarks, nearly 80 historic dis- unanimously, the Democratic Party tributary for the great Bay, which is tricts, and wharfs, shipyards, meeting had objected to its passing in the Sen- part of the National Estuarine Re- house, textile mills, and numerous shoe ate simply on the basis of partisan pol- search Reserve System. The Great Bay factories that bear witness to the early itics. I think the people of New Hamp- Refuge is also nearby, which was estab- settlements of the United States, and shire deserve better than that. They lished several years ago following the the area’s emergence as a maritime deserve to have partisan politics put closure of Pease Air Force Base. The and industrial power. aside for the sake of our environment. preservation of the Lamprey is a sig- The region also has extensive natural On August 10, 1995, Senator GREGG nificant component to protecting this and scenic resources—marshlands, and I introduced S. 1174, the Lamprey entire ecosystem. beaches, harbors, rocky farmlands and Wild and Scenic River Act, to des- The 11.5-mile segment, as proposed islands—which amply demonstrate why ignate a segment of the Lamprey River by our legislation, has been the focus maritime pursuits and water-powered in New Hampshire as part of the Na- of local protection efforts for many industrial development first began tional Wild and Scenic Rivers System. years. The towns of Lee, Durham, and here. The National Heritage Area will Since introduction, a hearing was held Newmarket, local conservationists, the help ensure that visitors discover the on the legislation in the Energy and State government, as well as the con- many historic assets throughout Essex Natural Resources Committee, and gressional delegation have all come to- County. soon thereafter, the bill was reported gether in support of this legislation. I Finally, the omnibus parks legisla- unanimously out of the committee. believe the management philosophy tion enables the Blackstone River Na- The history of this legislation goes adopted by the advisory committee tional Heritage Corridor to continue to back almost 5 years when Senator Rud- best articulates our goals for this legis- ensure that this region’s unique herit- man and I introduced the Lamprey lation: ‘‘* * * management of the river age as the cradle of America’s Indus- River study bill in February 1991, must strike a balance among desires to trial Revolution is preserved for gen- which was subsequently signed into protect the river as an ecosystem, erations to come. It adds five more law by President Bush later that year. maintain the river for legitimate com- communities to the Corridor—Worces- Once the National Park Service deter- munity use, and protect the interests ter and Leicester in Massachusetts and mined the Lamprey River’s eligibility and property rights of those who own Burrillville, Glocester, and Smithfield for the National Wild and Scenic Riv- its shorelands.’’ in Rhode Island. In addition, the bill ers System, a local advisory committee In conclusion, Mr. President, I want extends the life of the Commission was formed to work with local commu- to congratulate the Senate majority overseeing the Corridor for an addi- nities, landowners, the National Park leader LOTT, Senator MURKOWSKI, and tional 10 years, through 2006. The Service and New Hampshire’s environ- others in negotiating an agreement on Blackstone Valley program has been a ment department in preparing a com- this comprehensive legislation. In addi- remarkable success and deserves this prehensive management plan. This tion, I want to especially commend two vote of confidence by Congress to con- management plan was completed in members of the Lamprey River Advi- tinue this important work. January 1995. sory Committee—Judith Spang of Dur- The Nation will benefit immeas- The Lamprey River Management ham, NH, and Richard Wellington of urably from the important parks provi- Plan was subsequently endorsed by the Lee, NH—who have worked very hard sions in this legislation. The omnibus advisory committee as well as the local on the Lamprey River legislation and parks bill is a significant investment governments affected by this designa- have traveled to Washington to testify in our Nation’s natural and historical tion. The primary criteria for my spon- on its behalf. I am very pleased that, at resources, and I commend my col- sorship of this legislation was the sup- last, the fruits of their labor will be re- leagues on both sides of the aisle for port of the local communities. If the warded with the adoption of the omni- their skillful work in developing this affected towns did not vote in favor of bus parks bill. I urge the President to impressive bipartisan legislation. I designation, it would not have received sign this important environmental leg- urge the Senate to approve it. my enthusiastic support. islation as the 104th Congress adjourns. Mr. LOTT. I ask unanimous consent Mr. SMITH. Mr. President, I rise to In fact, the town of Epping had ex- the bill be advanced to third reading speak in support of the omnibus parks pressed some reservation about des- and passed and the motion to recon- and public lands legislation which is ignating the segment of the Lamprey sider be laid upon the table, all without expected to pass the Senate today, which runs through the town and, out of respect for their concerns, the bill further action or debate. clearing the way for the President’s The bill (H.R. 4236) was deemed read excludes that segment of the river. signature. This legislation contains nu- a third time and passed. merous important provisions to pre- However, that segment was studied and The PRESIDING OFFICER. Without serve and protect our Nation’s scenic found to be eligible, so we have in- objection, it is so ordered. rivers and historic land areas. I am cluded a section in our bill that would Mr. MURKOWSKI. I ask unanimous pleased that, after many days of nego- allow the town of Epping to be involved consent to have printed in the RECORD tiations, we have reached agreement on in the implementation of the manage- a letter from the Chief of Staff of the this important environmental legisla- ment plan and, upon the town’s re- President, Mr. Leon Panetta, addressed tion. quest, be considered for future designa- to me as chairman of the Committee Included in this comprehensive pack- tion. on Energy and Natural Resources, and age is a bill to designate the Lamprey The Lamprey River is well deserving a letter from the Secretary of Agri- River in New Hampshire as part of the of this designation for a number of rea- culture, Mr. Dan Glickman to Mr. National Wild and Scenic Rivers Sys- sons. Not only is the river listed on the Mark Suwyn, president of the Louisi- tem. Recognizing the window of oppor- 1982 National Park Service’s inventory ana-Pacific Corp. tunity was closing, I recently fought to of outstanding rivers, but it has also There being no objection, the mate- bring the Lamprey bill to a vote in the been recognized by the State of New rial was ordered to be printed in the Senate, but unfortunately, I was Hampshire as the ‘‘most important RECORD, as follows: blocked by the Democratic leader on coastal river for anadromous fish in October 3, 1996. two separate occasions. I continue to the State.’’ Herring, shad and salmon Hon. FRANK H. MURKOWSKI, express my disappointment with the are among the anadromous species Chairman, Committee on Energy and Natural Clinton administration and Senate found in the river. In fact, New Hamp- Resources, U.S. Senate, Washington, DC. Democrats for holding up legislation shire fishing maps describe the Lam- DEAR CHAIRMAN MURKOWSKI: The Adminis- prey as ‘‘a truly exeptional river offer- tration is aware of your deep concerns re- that is so important to New Hampshire garding the problems of the Ketchikan Pulp and many other States around the ing a vast variety of fishing. It con- Company (KPC). Given your interest in these country. tains every type of stream and river matters, we propose that the government Even though the Lamprey River bill fish you could expect to find in New begin discussions on these issues imme- received unanimous support out of England.’’ diately. Those discussions must take place in S12364 CONGRESSIONAL RECORD — SENATE October 3, 1996 the context of the Administration’s long- the contract. The agreement would define owned by the conservation organiza- standing policies, namely: we will not con- the respective litigation rights of the parties tion the National Park Trust. It pro- sider an extension of the KPC’s contract regarding related contract claims. vides for cooperative agreements to be until the Tongass Land Management Plan In view of your proposal to close the pulp reached between the private property (TLMP) is complete; we cannot accept condi- facility, I intend to begin immediately to de- tions reversing any part of the Tongass Tim- termine steps the Department can take, uni- owner and the Federal Government to ber Reform Act; and, we will accept nothing laterally and with the State of Alaska, to give the American public an oppor- less than full compliance with all environ- mitigate the effects of the closure on the af- tunity to bike across and enjoy vast mental laws. fected workers, their families, ancillary in- undeveloped stretches of virgin You have stated the company is consider- dustries, and the communities of southeast tallgrass prairie. ing closing the pulp facility, which we would Alaska. We understand the importance of When I leave the Senate in a few consider a material breach of the contract. these issues to southeast Alaska. We are pre- weeks, I plan to return to my farm We understand that the company has a dif- pared to begin discussions immediately so about 20 miles from this preserve. The ferent view. Based on our previous discus- that we may resolve these issues, while pro- topography of my ranch is much like sions we will agree to an immediate mutual viding strong and meaningful support for the cancellation of the contract and give KPC all that of this preserve, and I often find it people and communities of southeast Alaska. difficult to explain to my colleagues of the timber and logs released under con- Sincerely, what this part of the country is like tract to them. This should equal nearly 300 DAN GLICKMAN, million board feet of timber. If there is no Secretary. and why I love it. William Least Heat- mutual agreement on contract cancellation, Mr. DASCHLE. It is my understand- Moon in his best-selling book about timber sales will be made available on a ing that the statement in the second this area titled ‘‘PrairyErth’’ claims the competitive basis in Southeast Alaska in a beauty of this land is contained in its sufficient supply to operate the two sawmills paragraph of the Panetta letter to Sen- ator MURKOWSKI and the Glickman let- subtlety and vast expanses—sometimes for 24 months, and in accordance with appli- easily overlooked by outsiders who cable law. ter to Mark Suwyn, president of Lou- The parties would cancel the contract isiana-Pacific Corp.—October 3, 1996— quickly pass. based on their mutual desire to avoid litiga- regarding the provision of timber to When the wind blows, as it almost always does in this part of the country, tion over whether the government is provid- southeast Alaska for 24 months will one can look out from the top of the re- ing sufficient timber and over whether clo- only apply if, due to a breach of con- gion’s gentle rolling hills and watch a sure of the pulp mill is a breach. The agree- tract, timber is no longer available to ment would define the respective litigation sea of grass bending and waving across KPC under the contract and there is no rights of the parties regarding contract one’s entire line of sight. Ungrazed, mutual agreement on contract can- claims. this grass can stretch ten feet high. We understand the importance of these is- cellation. For grazing, one can find no nutrition- sues to Southeast Alaska. The Administra- Mr. LOTT. Yes, that is my under- ally richer land in the country. It will tion is committed to working with the Gov- standing also. add more than 2 pounds a day to steers ernor, the Alaska Congressional delegation, Mr. MURKOWSKI. Yes, that is my left to graze on its rich mixture of and all interested parties to ensure sustain- understanding also. grasses. able and diversified opportunities for the Mrs. KASSEBAUM. Mr. President, workers, families, industries, and commu- It is not difficult to let the mind Congress today has given its final ap- nities of Southeast Alaska. We look forward wander when standing alone and look- to effective joint coordination of our State proval to legislation I have worked to ing out across the prairie, absorbing its and Federal resources through the auspices enact for much of my Senate career. It shades of greens in the spring and sum- of the State of Alaska and the U.S. Depart- will, for the first time in the history of mer and its browns through the fall ment of Agriculture. our Nation, establish a unit of the na- Sincerely, and winter. It is not difficult to get a tional park system that is devoted to sense of what the Native Americans LEON PANETTA, teaching about and preserving the Chief of Staff. must have felt hundreds of years ago tallgrass prairie ecosystem. when they crossed this land hunting This legislation is not sweeping, In OCTOBER 3, 1996. for the great buffalo herds. One can MARK SUWYN, fact, it allows the Federal Government also appreciate how the pioneers must President: Louisiana-Pacific Corp., Portland, to acquire by donation only 180 acres of have felt when they crossed this same OR. prairie. Certainly, this is nowhere near land a century ago, carrying their DEAR MARK: I appreciate your coming to as vast and expansive as other units in Washington to meet with me, the Governor, dreams and possessions in covered wag- out national park system. It is, how- ons. Walt Whitman aptly called this and Alaska’s congressional delegation and ever, an important milestone. For for the proposal you conveyed in your Sep- prairie ‘‘our characteristic landscape, tember 19 letter. Let me preface my reply by about 50 years, Kansans have argued the center of our national identity.’’ It affirming the long-standing policy of the Ad- about the need for and size of a is appropriate that we Americans set ministration within which further discus- tallgrass prairie park. Debate over past aside at least a portion of it for perpet- sions must take place. We will not consider legislative proposals, some attempting ual use and protection by the American an extension of Ketchikan Pulp Company’s to establish a park through the use of people. This legislation will finally do (KPC) contract until the Tongass Land Man- eminent domain, tore apart Kansas that. agement Plan (TLMP) is complete; we can- communities. I remember when this The passage of the Tallgrass Prairie not accept conditions reversing any part of was a topic one avoided in conversation the Tongass Timber Reform Act; and we will National Preserve Act would not have accept nothing less than full compliance for fear of angering a friend or neigh- been possible without the countless in- with all environmental laws. bor. dividuals who have worked over the You have stated you are considering clos- I am pleased that those days are be- years to see this idea become a reality. ing the pulp facility, which we would con- hind us. By bringing an array of inter- Former Kansas Congressman and cur- sider a material breach of the contract. We ests to the table and initiating face-to- rent Secretary of Agriculture Dan understand that you have a different view. face discussions, the Kansas congres- Glickman has attempted for more than Based on our conversations, we will agree to sional delegation has over the past 5 a decade to create this Federal pre- an immediate mutual cancellation of the years hammered out a proposal to es- contract and give KPC all of the timber and serve. It was his persistence and will- logs released under the contract to them. tablish a national preserve that pleases ingness to bring opposing conservation This should equal nearly 300 million board nearly everyone. The legislation is and agriculture interests together to feet of timber. If there is no mutual agree- unique for the National Park Service work out their differences that built ment on contract cancellation timber sales in that it provides the Federal Govern- the foundation from which this current will be available in southeast Alaska on a ment with a core area that it will own legislation evolved. Similar and stead- competitive basis in a sufficient supply to and use to educate the American peo- fast support also came from Senator operate the two sawmills for twenty-four ple about the tallgrass ecosystem and Bob Dole, Representative JAN MEYERS, months and in accordance with applicable grazing that began with buffalo and is law. The parties would cancel the contract and former Representative Jim Slat- based on their mutual desire to avoid litiga- now used to raise some of the finest tery. Controversy over a tallgrass prai- tion over whether closure of the pulp mill by beef cattle in the world. The bill keeps rie park stymied many previous Con- KPC is a breach and over whether the gov- more than 10,000 acres within the pre- gresses, and it was through the com- ernment is providing sufficient timber under serve’s boundaries in private hands, mitment and unique talents of each of October 3, 1996 CONGRESSIONAL RECORD — SENATE S12365 these members that we were able to tional Parks and Conservation Associa- sure you that it will be well worth your make meaningful and lasting progress tion and Peggy O’Brien Marsh of the time, and I will be happy to show you on this legislation. National Park Trust for the time they around. I would also like to thank Governor spent assisting me and my staff on this Mr. President, I ask unanimous con- Bill Graves and former Governor Mike legislation. sent that language agreed to by the Hayden, both of whom publicly lent Officials at the Department of the In- Kansas delegation for inclusion in a their support to this effort and helped terior spent hours helping my office committee report on this bill be print- shape public opinion in Kansas and be- fine tune this proposal Ed Cohen, dep- ed in the CONGRESSIONAL RECORD. This yond in favor of creating this preserve. uty solicitor at the Department of the language, agreed to by the delegation, Representative PAT ROBERTS, in Interior, Denis Galvin, associate direc- the owner of the Spring Hill Ranch, its whose district this preserve will be lo- tor, professional services at the Na- leasee, and reviewed by the National cated, deserves special accolades. For tional Park Service, Mike Tiernan, at- Park Service, is our attempt to give the past 4 years, PAT has worked tire- torney at the National Park Service, the National Park Service direction on lessly to reassure skeptics that this and Linda Potter, legislative affairs future grazing policy. This legislation unique approach to create the preserve specialist at the National Park Serv- will become law without a committee would work. No one should underesti- ice, all lent their help, patience, and report, and I want the CONGRESSIONAL mate how much his word meant to expertise to this effort. Equally helpful RECORD to reflect the delegation’s many in the agriculture community. have been the support of Don views. His sponsorship of this bill in the Castleberry, former regional director There being no objection, the mate- House further added to the credibility of the National Park Service’s Midwest rial was ordered to be printed in the necessary to get this bill passed by the Region, David Given, deputy field di- RECORD, as follows: House of Representatives. rector of the Midwest Field Area, and The conference agreement includes lan- There are too many Kansans who Steve Miller, superintendent of the guage to create a tallgrass prairie national have worked diligently to see this bill Fort Scott National Historic Site. preserve in the Flint Hills of Kansas. The enacted to name each, but a few should In 1990, the Kansas congressional del- preserve will be created through a unique private/public partnership between the fed- be noted. Ron Klataske of the National egation directed the National Park eral government and a private conservation Audubon Society was the first cham- Service to conduct a study on the fea- group. The partnership is the culmination of pion of creating the preserve on land sibility of making this area a unit of decades of discussions between agriculture known as the Z-Bar or Spring Hill the national park system. Randall and conservation interests who, until now, Ranch. He and members of the Flint Baynes, superintendent of the Home- have disagreed over issues such as federal Hills National Monument Committee, stead National Monument in Beatrice, ownership and cattle grazing as part of a led by Lee Fowler, Charles Rayl, Ken NE, was assigned to undertake this tallgrass prairie preserve in Kansas. The language drafted in this legislation is the result Harder, and Larry Bayer, were early task. Randy did this job professionally, of consensus building and compromise be- and consistent supporters of this effort. but he unfortunately felt the angry tween these various groups. Five years ago, another group of wrath of some who opposed creating a While the conference agreement only pro- thoughtful Kansans came together in preserve. He handled the furor with vides for federal ownership, by donation, of an effort to find common ground be- dignity and grace. Randy died unex- 180 acres of land on the preserve, it is hoped tween agriculture and conservation in- pectedly in 1993, and I want his wife, that the National Park Service, through the cooperative agreement language contained terests and look for ways to privately Judy, and his children, Melissa and in this bill, will be able to work with the pri- acquire and preserve the ranch. Led Keith, to know how much I appreciate vate land owners (and its leasee) of the rest first by Ross Beach and then by Jan the contribution he made to this effort. of the 10,894-acre ranch to provide interpre- Lyons, this commission helped bring Creation of this preserve is an appro- tive and recreation opportunities within the thoughtful, reasoned deliberations to priate legacy to Randy’s love of the boundaries of the preserve, but beyond the this issue, and for that I am indebted. prairie and his belief that this preserve federally owned core. When the idea of creating a tallgrass should be created. The stated purposes of this bill remain preserve faded from the front pages of Finally, I would like to acknowledge broad to give the National Park Service maximum flexibility in determining land use Kansas newspapers, I could always de- the hard work of several congressional practices within the preserve through the pend on the editorial writers from al- staffers including: Mike Horak of my general management planning process, with most every Kansas newspaper to lend staff, Brian Sweatland, Heidi Cashman, input from an advisory committee created their support to this legislation. Lead- and Tom Hemmer with Representative by this bill. We believe a public planning ing the charge was always the editorial PAT ROBERTS; Keith Yehle with Rep- process, with input from all Kansans, includ- staff of the Wichita Eagle, who time resentative JAN MEYERS; Mike Torrey ing local citizens and adjacent landowners, and time again, both in their editorial and Keira Franz with Senators Bob will enable the National Park Service to identify the best use for the 180 federally columns and in their sometimes biting Dole and SHEILA FRAHM; and Sherry owned acres and provide guidance for pos- cartoons, remind Kansans why creating Ruffing with former Representative sible cooperative agreements between the a tallgrass prairie preserves is so im- Dan Glickman. I would also like to ex- federal government and the private owner portant to the state. press my gratitude to Jim O’Toole, and its leasee. Efforts to embrace a public/private John Piltzecker, and Julia Gustafson The conferees note that the Kansas con- partnership to create this national of the Senate Energy and Natural Re- gressional delegation is united in its belief tallgrass prairie preserve may have resources Committee for their help in that a strong emphasis of the preserve mained nothing but an idea if it had should include the management of range getting this bill through the Senate. lands through historic and contemporary not been for the involvement of the Na- Mr. President, passage of this legisla- ranching practices. While the conferees are tional Park Trust, who in 1994 pur- tion will be the last piece of legislation unwilling to include language in the act that chased the property that will become to become law during my 18-year ca- would require any predetermined use of pri- the preserve. They immediately ap- reer in the Senate. It is an accomplish- vate property mentioned within this bill, the proached the Kansas congressional del- ment that I am quite proud of. Let me conferees agree with the Kansas congres- egation and said they were ready to assure my colleagues that as private sional delegation that current cattle ranch- work with us to make preservation ef- citizen KASSEBAUM, I will work to ening activities, consistent with the eco- forts a success. Paul Pritchard, presi- sure that this preserve meets your high logically sound and sustainable management of this property, should continue after the dent of the National Parks and Con- expectation. I have joked for some preserve is created. Cattle ranching, as prac- servation Association, and NPCA board time that I plan to spend my retire- ticed under the current grazing lease, is con- members Gordon Beaham, Eugene ment volunteering as a docent at this sistent with the interpretation of the history Brown, Dolph Simons Jr., and Bill Wat- preserve, so I encourage my colleagues and culture of the Flint Hills region of the son, all played an important role in to stop by if they ever find themselves tallgrass prairie. this effort. The same is true for Paul driving through the beautiful rolling Mrs. BOXER. Mr. President, in the Duffendack, a board member for the prairie of east-central Kansas. Come closing minutes of the 104th Congress, I National Park Trust. I extend a special and see one of the Nation’s newest just want to express my deep apprecia- thanks to Laura Loomis of the Na- units of the national park system. I as- tion for all of those who worked so S12366 CONGRESSIONAL RECORD — SENATE October 3, 1996 hard to pass the parks bill. As everyone have been very much a part of this ef- In the early 1970’s, the Blackstone knows, that omnibus parks bill con- fort. Senator BUMPERS and Senator River, like so many rivers and lakes tains the Presidio trust legislation FEINSTEIN also have been very helpful; throughout our Nation, was in deep which I sponsored in the Senate, and Senator NICKLES and a number of Sen- trouble. It was apparent that many which is so important to my State of ators on both sides of the aisle have years of pollution had wiped out much California, to the city of San Fran- been committed to this bill. of the river’s wildlife. The once pol- cisco, and to so many people who care So this is an achievement of some luted river has been cleaned up. A about the preservation of the Presidio magnitude affecting, as the Senator beautiful greenway for bicyclists and of San Francisco. has indicated, perhaps 136 projects in 41 hikers is underway. Historic mills have If I may, I would like to thank the States. It is long overdue. This has been restored. National Park rangers majority leader at this time, and the been an effort that has been underway and volunteers are giving tours and minority leader. I thank my colleagues now for a long period of time. educating visitors about the valley’s and friends relative to the effort that Let me also thank and congratulate rich history. The Blackstone Valley has been put in here. the administration for their efforts area is one of Rhode Island’s environ- This is a major environmental bill. It over the last couple of days. As he mental and historical jewels. With its has approximately 136 titles that affect tends to do in these moments of crisis, restoration, this area’s strong sense of a broad area of America’s public lands, Leon Panetta, in particular, has made price and community spirit has been and it is very, very important. this work. He deserves special com- revitalized. I am sorry that Senator BOXER can’t mendation, along with a number of All this is being done with relatively be here. Senator FEINSTEIN worked other members of the administration little money from the Federal Govern- very hard. The merits of the Presidio staff. ment, because every Federal dollar speak for themselves. So we are very appreciative of the co- that goes into the corridor is leveraged Senator BRADLEY has been a cham- operation and the effort made. At long many times over. pion representing the interests of the last we have passed a parks bill of I introduced S. 1374, which estab- Sterling Forest in both New Jersey and great magnitude and great importance. lished the corridor, on June 27, 1985, New York, BOB BENNETT, of Utah, and And I appreciate the work done on all and on November 10, 1986, the bill be- ORRIN HATCH, on Snowbasin. sides. came law. Since then, the Rhode Island And I thank my staff, Gregg Renkes, I yield the floor. congressional delegation, and the Mas- Mark Rey, Gary Ellsworth, Andrew EXPANDING THE BLACKSTONE RIVER VALLEY sachusetts delegation, have worked to- Lundquist, and Alex Polinksy. NATIONAL HERITAGE CORRIDOR gether each year to strengthen the cor- And, particularly the majority leader Mr. CHAFEE. Mr. President, it seems ridor. Today, the corridor stretches 46 again for accommodating the extraor- to me that protecting and preserving miles along the Blackstone River, from dinary hard work, effort, and time to our Nation’s special places, like the Worcester, MA to Providence, RI. The resolve it. Blackstone Valley, is one of the Fed- corridor encompasses 20 cities and This is a very meaningful piece of eral Government’s most important towns over a 250,000-acre area. Efforts legislation. functions. That is why I am so de- to interpret and preserve the valley’s I want to congratulate all of you who lighted that my bill to reauthorize and historical and scenic resources are co- have been a party to it. expand the Blackstone River Valley ordinated by the Blackstone Corridor I want to pay tribute to Senator National Heritage Corridor was in- Commission and the National Park JOHNSTON, my good friend who is de- cluded in the omnibus parks bill that Service works closely with the com- parting. And I look forward next year was agreed to today. mission, providing invaluable technical to working with the Senator from Ar- There are few other areas in the assistance and guidance. kansas, Senator BUMPERS, as we pursue country that have had as rich and di- Last year, I introduced S. 601 to reau- our obligations on the Energy and Nat- verse a history as the Blackstone Val- thorize the commission and expand the ural Resources Committee, with the ley. For centuries, the Blackstone corridor with Senators PELL, KENNEDY, presumption of continued chairman- River has been the center of life in the and KERRY. This bill extends the life of ship and his position in the ranking po- valley. The Native Americans who first the Blackstone Corridor Commission— sition. inhabited these shores enjoyed abun- which, under current law, would expire Thank you, Mr. Leader. dant fishing and hunting along the in November—for another 10 years. In Again, let me thank Senator BRAD- river. Settlers came in search of farm- addition, it adds to the corridor five LEY and Senator BOXER. land and instead found that the river new communities—three in Rhode Is- I, of course, thank the whip. provided a powerful new source of en- land and two in Massachusetts—which Mr. DASCHLE. Mr. President, I will ergy. By the late 1700’s, bustling towns are culturally and historically tied to be very brief because Senator LOTT and appeared up and down the river. They the existing corridor and contain the I do have some other business to tend were joined by sawmills, and in 1793, headwaters of the Blackstone River. to, and then to call the President at 5 Slater’s Mill, the river’s first textile This logical expansion will allow the o’clock. mill, opened, signalling the birth of the commission to interpret and protect Mr. President, I wanted to take just Industrial Revolution. the region’s resources in a comprehen- a moment to congratulate Senator When the Blackstone Corridor was sive and unified fashion. Finally, my MURKOWSKI for his efforts on the omni- created in 1986, it represented an en- legislation increases the commission’s bus parks bill just passed. As he has in- tirely new approach for the National annual authorization from $350,000 to dicated, this has been one of the most Park Service. The corridor is not at all $650,000, in recognition of its tremen- difficult and contentious and com- like the typical national park, where dous success and new responsibilities. plicated sets of negotiations I think we the Federal Government owns and The Senate Energy Committee held have had in the whole 104th Congress. manages the land. Its boundaries span hearings on my bill, and it was re- That success we now have is only pos- two States; it contains whole cities, ported out of the Commission on April sible as a result of the extraordinary towns, and villages; half a million peo- 7, 1995. It was included in the omnibus efforts made by a number of people. ple live in the Blackstone Corridor. It parks bill and attached to the Presidio I want to cite, in particular, Senators truly represents a partnership between Management bill which, after some set- BRADLEY and BOXER for their remark- the Federal Government and State and backs, was unanimously approved by able efforts over the last couple of local governments and communities in the full Senate. days. They were instrumental in mak- Rhode Island and neighboring Massa- Since that time, Members of the Sen- ing this happen. Senator BOXER and chusetts. ate and the House of Representatives Senator BRADLEY worked with Senator Under the umbrella of the Corridor have been engaged in a lengthy and dif- MURKOWSKI and brought this about Commission, individuals from different ficult conference, attempting to work through cooperation and a tremendous communities, levels of government, out the differences between the propos- amount of persistence. and walks of life are working together als. Many highly controversial provi- But, as Senator MURKOWSKI has indi- toward a common vision—and with im- sions that would have led both to oppo- cated, there are others as well who pressive result. sition in the Senate and the possibility October 3, 1996 CONGRESSIONAL RECORD — SENATE S12367 of a veto by the President have been A resolution (S. Res. 313) relating to the The legislative clerk read as follows: dropped. retirement of Jeanie Bowles, Superintendent A resolution (S. Res. 314) authorizing the I commend Senate MURKOWSKI for his of Documents, United States Senate. President of the Senate, the President of the efforts to accommodate the interests of The PRESIDING OFFICER. Is there Senate pro tempore, and the majority and so many colleagues and greatly appre- objection to the immediate consider- minority leaders, to make certain appoint- ciate his work to restore my version of ation of the resolution? ments after the sine die adjournment. the Blackstone Reauthorization bill. I There being no objection, the Senate The PRESIDING OFFICER. Is there know the House fought hard to replace proceeded to consider the resolution. objection to the immediate consider- my bill with the House Resources Com- Mr. DASCHLE. Mr. President, I want ation of the resolution? mittee proposal which would have au- to congratulate Jeanie Bowles, Super- There being no objection, the Senate thorized a lesser appropriation and intendent of Documents, upon her re- proceeded to consider the resolution. would have extended the life of the tirement and thank her for her 26 years Mr. LOTT. I ask unanimous consent commission for 5 years only. This of service to the U.S. Senate. the resolution be agreed to, the motion would not have give the commission Jeanie Bowles has been a familiar, to reconsider be laid upon the table, enough time to complete its work. friendly face in the Senate, and we and any statements relating to the res- Mr. LOTT addressed the Chair. have all benefited from our association olution be printed in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- with her. As the resolution states, she has ‘‘discharged her responsibilities objection, it is so ordered. jority leader. The resolution (S. Res. 314) was with efficiency, devotion, and grace.’’ f agreed to, as follows: We will miss her and wish her well SALUTING THE SERVICE OF JOHN upon her retirement. Resolved, That notwithstanding the sine L. DONEY die adjournment of the present session of the Mr. LOTT. I ask unanimous consent Congress, the President of the Senate, the Mr. LOTT. I ask unanimous consent that the resolution be agreed to, the President of the Senate pro tempore, the Ma- that the Senate proceed to the imme- preamble be agreed to, the motion to jority Leader of the Senate, and the Minor- diate consideration of S. Res. 312, sub- reconsider be laid upon the table, and ity Leader of the Senate be, and they are mitted earlier today by myself. that any statements relating thereto hereby, authorized to make appointments to The PRESIDING OFFICER. The be printed in the RECORD at the appro- commissions, committee, boards, con- clerk will report. priate place. ferences, or interparliamentary conferences The legislative clerk read as follows: The PRESIDING OFFICER. Without authorized by law, by concurrent action of the two Houses, or by order of the Senate. A resolution (S. Res. 312) saluting the serv- objection, it is so ordered. f ice of John L. Doney. The resolution (S. Res. 313) was Whereas, John L. Doney has served the agreed to. NOTIFICATION TO THE PRESIDENT United States Senate since September 1980; The preamble was agreed to. CONCERNING THE PROPOSED AD- Whereas, Mr. Doney has during his Senate The resolution, with its preamble, is JOURNMENT OF THE SESSION career served in the capacities of staff assistant to Senator Bill Roth, Senate Post Office as follows: Mr. LOTT. Mr. President, I send to clerk, Republican Cloakroom assistant, as- Whereas the Senate has been advised of the the desk a resolution and ask for its sistant secretary to the minority, culminat- retirement of its Superintendent of Docu- immediate consideration regarding a ing in his appointment as assistant secretary ments, Ms. Jeanie Bowles; committee to notify the President con- to the majority; Whereas Jeanie Bowles became an em- cerning the proposed adjournment of ployee of the Senate of the United States on Whereas, throughout his Senate career Mr. the session. Doney has been a reliable source of advice to January 3, 1971, and since that date has ably Senators and staff alike; and faithfully upheld the high standards and The PRESIDING OFFICER. The Whereas, Mr. Doney’s more than 16 years traditions of the staff of the Senate of the clerk will report. of service have been characterized by infinite United States for a period that included thir- The legislative clerk read as follows: patience, unfailing good humor, and a deep teen Congresses; A resolution (S. Res. 315) appointing a sense of respect for this institution; there- Whereas Jeanie Bowles has served with dis- committee to notify the President concern- fore be it Resolved, That the Senate salutes tinction as Assistant Editor in the Office of ing the proposed adjournment of the session. John L. Doney for his career of public serv- the Official Reporters, which position she The PRESIDING OFFICER. Is there ice to the United States Senate and its Mem- was appointed to February 2, 1981; objection to the immediate consider- bers. Whereas Jeanie Bowles has served with dis- ation of the resolution? The PRESIDING OFFICER. Is there tinction as Superintendent of Documents, which position she has held since June 16, There being no objection, the Senate objection to the immediate consider- 1986; proceeded to consider the resolution. ation of the resolution? Whereas Jeanie Bowles has discharged her Mr. LOTT. I ask unanimous consent There being no objection, the Senate responsibilities with efficiency, devotion, the resolution be agreed to, the motion proceeded to consider the resolution. and grace, in particular dedicating her Sen- to reconsider be laid upon the table, Mr. LOTT. Mr. President, I ask unan- ate service to the advancement of young peo- and that any statements relating to imous consent that the resolution be ple: the resolution be printed in the agreed to, the preamble be agreed to, Now, therefore, be it RECORD. the motion to reconsider be laid upon Resolved, That the Senate of the United The PRESIDING OFFICER. Without States commends Jeanie Bowles for her ex- objection, it is so ordered. the table, and that any further state- emplary service to the Senate and the Na- ments relating to the resolution appear tion; wishes to express its deep gratitude and The resolution (S. Res. 315) was at the appropriate place in the RECORD. appreciation for her long, faithful, and out- agreed to, as follows: The PRESIDING OFFICER. Without standing service; and extends its best wishes Resolved, That a committee of two Sen- objection, it is so ordered. upon her retirement. ators be appointed by the Presiding Officer to join a similar committee of the House of SEC. 2. The Secretary of the Senate shall The resolution (S. Res. 312) was Representatives to notify the President of agreed to. transmit a copy of this resolution to Jeanie Bowles. the United States that the two Houses have The preamble was agreed to. completed their business of the session and f f are ready to adjourn unless he has some further communication to make to them. THE RETIREMENT OF JEANIE AUTHORITY TO MAKE CERTAIN The PRESIDING OFFICER. Pursuant BOWLES, SUPERINTENDENT OF APPOINTMENTS AFTER SINE DIE to the resolution just adopted, the DOCUMENTS ADJOURNMENT Chair appoints the majority and minor- Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I send to ity leaders as members of the commit- imous consent the Senate proceed to the desk a resolution and ask for its tee to inform the President of the Unit- the immediate consideration of S. Res. immediate consideration authorizing ed States that the two Houses have 313 that I submitted earlier today. certain appointments to be made after completed their business of the session The PRESIDING OFFICER. The adjournment sine die. and are ready to adjourn unless he has clerk will report. The PRESIDING OFFICER. The some further communication to make The legislative clerk read as follows: clerk will report. to them. S12368 CONGRESSIONAL RECORD — SENATE October 3, 1996 THANKS OF THE SENATE TO THE sion, no matter how early it was or and dedicated manner in which he has per- VICE PRESIDENT when it was, he was here; he escorted formed his leadership responsibilities in the conduct of Senate business during the second Mr. LOTT. I send to the desk a reso- the Chaplain to the podium; he did his job; and he has done it admirably. We session of the 104th Congress. lution and ask for its immediate con- Mr. LOTT. Mr. President, let me just sideration thanking the Vice Presi- just appreciate it so much and wish him the very best in everything he en- say again how much I have appreciated dent. the cooperation we have received. He The PRESIDING OFFICER. The deavors in the future. Mr. DASCHLE addressed the Chair. has been helpful to me. We have had a clerk will report the resolution. very cooperative relationship. We have The legislative clerk read as follows: The PRESIDING OFFICER. The Democratic leader. not always agreed. We did not get ev- A resolution (S. Res. 316) tendering the Mr. DASCHLE. If I could only add erything done today we wanted to do, thanks of the Senate to the Vice President but he has been very helpful. I think for the courteous, dignified, and impartial from this side of the aisle, I want to as- manner by which he has presided over the sociate myself completely with the re- we have had a growing respect for each deliberations of the Senate. marks made by the majority leader. other, and we are going to be able to The PRESIDING OFFICER. Is there Senator THURMOND has done the job of work together very productively for objection to the immediate consider- President pro tempore not only admi- the good of our country in the years ation of the resolution? rably but fairly, in a nonpartisan way. ahead. I look forward to that oppor- There being no objection, the Senate There are so many mornings when I tunity. proceeded to consider the resolution. have greeted him, and I know from Mr. DASCHLE. I thank the majority Mr. LOTT. I ask unanimous consent what we all know to be Senator THUR- leader. I would only say the same. I that the resolution be agreed to, the MOND’s practice, he probably has been have enjoyed the opportunity, in the motion to reconsider be laid upon the working out for at least an hour prior last 3 months, to work with him. I table, and that any statements relating to the time he has come to the dais. think it has been a productive time. to the resolution be printed in the Anybody who does that has respect on Obviously our disagreements pre- clude us from doing everything we RECORD. a bipartisan basis. We are privileged to The PRESIDING OFFICER. Without have the opportunity to work with would like. But there are times when objection, it is so ordered. him. we can overcome those disagreements The resolution (S. Res. 316) was Mr. LOTT. Mr. President, I ask unan- and work in a way that I think can agreed to, as follows: imous consent that the resolution be make this country quite proud. f S. RES. 316 agreed to, the motion to reconsider be laid upon the table, and that any state- Resolved, That the thanks of the Senate are COMMENDING THE EXEMPLARY ments relating to the resolution be hereby tendered to the Honorable Al Gore, LEADERSHIP OF THE MAJORITY printed in the RECORD. Vice President of the United States and LEADER President of the Senate, for the courteous, The resolution (S. Res. 317) was dignified, and impartial manner in which he agreed to, as follows: Mr. DASCHLE. In that regard I have has presided over its deliberations during the S. RES. 317 a resolution that I send to the desk and second session of the One Hundred Fourth Resolved, That the thanks of the Senate are ask for its immediate consideration. Congress. hereby tendered to the Honorable Strom The PRESIDING OFFICER. The f Thurmond, President pro tempore of the clerk will report. The legislative clerk read as follows: THANKS OF THE SENATE TO THE Senate, for the courteous, dignified, and impartial manner in which he has presided over PRESIDENT PRO TEMPORE A resolution (S. Res. 319) to commend the its deliberations during the second session of exemplary leadership of the Majority Lead- Mr. LOTT. I send to the desk a reso- the One Hundred Fourth Congress. er. lution and ask for its immediate con- f The PRESIDING OFFICER. Is there sideration thanking the President pro objection to the immediate consider- tempore for his service to the Senate, THANKS OF THE SENATE TO THE DEMOCRATIC LEADER ation of the resolution? his State, and his country. There being no objection, the Senate The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I send to proceeded to consider the resolution. clerk will report. the desk a resolution and ask for its Mr. DASCHLE. Mr. President, I ask The legislative clerk read as follows: immediate consideration thanking the unanimous consent the resolution be A resolution (S. Res. 317) tendering the distinguished Democratic leader for his agreed to, the motion to reconsider be thanks of the Senate to the President pro leadership in the Senate. laid upon the table, and that any state- tempore for the courteous, dignified, and im- The PRESIDING OFFICER. The ments relating to the resolution be partial manner in which he has presided over clerk will report the resolution. the deliberations of the Senate. printed at the appropriate place in the The legislative clerk read as follows: RECORD. The PRESIDING OFFICER. Is there A resolution (S. Res. 318) to commend the The PRESIDING OFFICER. Without objection to the immediate consider- exemplary leadership of the Democratic objection, it is so ordered. ation of the resolution? leader. The resolution (S. Res. 319) agreed to, There being no objection, the Senate The PRESIDING OFFICER. Is there as follows: proceeded to consider the resolution. objection to the immediate consider- S. RES. 319 Mr. LOTT. Just briefly, Mr. Presi- ation of the resolution? dent, I cannot let that resolution pass Resolved, That the thanks of the Senate are There being no objection, the Senate hereby tendered to the distinguished Major- without some comment. I want to say proceeded to consider the resolution. ity Leader, the Senator from Mississippi, the to all my colleagues, there will be a Mr. LOTT. I ask unanimous consent Honorable TRENT LOTT, for his exemplary moment here where Senator DASCHLE that the resolution be agreed to, the leadership and the cooperative and dedicated and I will be talking to the President motion to reconsider be laid upon the manner in which he has performed his lead- and some of the Senators may want to table, and that any statements relating ership responsibilities in the conduct of Sen- ate business during the second session of the comment on some of the resolutions we to the bill be printed in the RECORD. 104th Congress. pass, but I cannot pass this one with- The PRESIDING OFFICER. Without out saying again how much personally objection, it is so ordered. The PRESIDING OFFICER. The ma- I appreciate the manner in which Sen- The resolution (S. Res. 318) was jority leader. ator THURMOND always conducts him- agreed to, as follows: f self. S. RES. 318 The distinguished Senator from AUTHORIZING PRINTING OF A Resolved, That the thanks of the Senate are SENATE DOCUMENT South Carolina is truly a legend whom hereby tendered to the distinguished Demo- we all love. I have noted that on al- cratic Leader, the Senator from South Da- Mr. LOTT. I ask unanimous consent most every occasion, if not every occa- kota, the Honorable Thomas A. Daschle, for the Senate now turn to the resolution sion, when the Senate came into ses- his exemplary leadership and the cooperative which I now send to the desk on behalf October 3, 1996 CONGRESSIONAL RECORD — SENATE S12369 of Senator HATFIELD, regarding a docu- services provided to a Member of the Senate The PRESIDING OFFICER. The ment from the Appropriations Commit- with respect to a civil action challenging the clerk will report. tee, and ask the resolution be agreed to validity of a Federal statute that expressly authorizes a Member to file an action— The legislative clerk read as follows: and the motion to reconsider be laid (1) shall not deemed a gift to the Member; upon the table. A resolution (S. Res. 322) to commend the (2) shall not be deemed to be a contribution exemplary leadership of the Democratic The PRESIDING OFFICER. The to the office account of the Member; and Leader. clerk will report. (3) shall not require the establishment of a The legislative clerk read as follows: legal expense trust fund. The PRESIDING OFFICER. Is there (b) The Select Committee on Ethics shall A resolution (S. Res. 320) that there be objection to the immediate consider- establish regulations providing for the public ation of the resolution? printed with illustrations as a Senate docu- disclosure of information relating to pro ment a compilation of materials entitled bono legal services performed as authorized There being no objection, the Senate ‘‘Committee On Appropriations, United by this resolution. proceeded to consider the resolution. States Senate, on the 129th Anniversary, 1867–1996’’, and that there be printed two Mr. LOTT. At this point I yield the The PRESIDING OFFICER. The Sen- thousand additional copies of such document floor. Other Senators may want to ator from South Carolina. for the use of the Committee on Appropria- comment on some of these resolutions. Mr. THURMOND. Mr. President, I tions. We will notify the President we have rise today to submit a Senate resolu- The PRESIDING OFFICER. Is there passed the adjournment resolution and tion to commend the exemplary leader- objection to the immediate consider- we will return thereafter for some fur- ship of the Honorable TOM DASCHLE of ation of the resolution? ther brief action. South Dakota. I yield the floor. There being no objection, the Senate Senator DASCHLE was elected by his The PRESIDING OFFICER. The Sen- proceeded to consider the resolution. colleagues in 1994 to serve as the Sen- ator from Oklahoma. Mr. LOTT. Mr. President, I ask unan- ate Democratic leader. I recall Senator Mr. NICKLES. Mr. President, I con- imous consent the resolution be agreed DASCHLE’s able assistance working for gratulate and compliment the majority to and the motion to reconsider be laid 5 years in the office of my friend, Sen- leader. We just passed the resolution upon the table. ator Abourezk of South Dakota. I knew congratulating him, but I personally The resolution (S. Res. 320) was then that this young man was destined would like to congratulate him for out- agreed to, as follows: to greater heights. standing leadership since he has as- S. RES. 320 sumed majority leadership of the Sen- Senator DASCHLE was elected to the Resolved, That there be printed with illus- ate. I believe this has been a very, very House of Representatives in 1978 and trations as a Senate document a compilation served four terms before being elected of materials entitled ‘‘Committee on Appro- productive legislative session. There is an article in Rollcall today to the U.S. Senate in 1986. He became priations, United States Senate, 129th Anni- the first South Dakotan ever to hold a versary, 1867–1996’’, and that there be printed that talked about the Senate, this Con- two thousand additional copies of such docu- gress, spending more time than any Senate leadership position when he was ment for the use of the Committee on Appro- Congress since World War II. I think named cochairman of the Democratic priations. the record would show, for the last cou- Policy Committee in 1988. f ple of months, this has been a very, During his Senate career, Senator very productive Congress, whether you DASCHLE has provided capable leader- AUTHORIZING THE ACCEPTANCE are talking about welfare reform—his- ship on the following Committees: Fi- OF PRO BONO LEGAL SERVICES toric welfare reform, or whether you nance, Agriculture, Veterans’ Affairs, Mr. LOTT. Mr. President, I ask unan- are talking about reaching back and Indian Affairs, and Ethics. His work on imous consent the Senate proceed to passing line-item veto. Whether you the Agriculture Committee has helped the immediate consideration of Senate are talking about actually trying to farmers across the country as he wrote Resolution 321, introduced earlier rein in the growth of Government—we the 1985 Emergency Farm Credit Act to today by Senator BYRD. have seen the size of Government defi- aid farmers during the depths of the The PRESIDING OFFICER. The cits actually declining, I think pri- farm crisis. clerk will report. marily because of some restraints on Mr. President, Senator DASCHLE has The legislative clerk read as follows: discretionary funds that passed this proven to be an effective Democratic A resolution (S. Res. 321) authorizing the Congress. leader and strives for cooperation with acceptance of pro bono legal services by a So, I add my accolades to those of all of his colleagues. He works closely Member of the Senate challenging the valid- others, to say I think Senator TRENT with our distinguished majority leader, ity of a Federal Statute in a civil action pur- LOTT, as majority leader, has done an Senator LOTT, to facilitate the legisla- suant to a statute expressly authorizing outstanding job, and also to say the tive process. His calm but determined Members of Congress to bring such a civil ac- minority leader, Senator DASCHLE—we tion. demeanor is appreciated on both sides have had a lot of conflicts. It has been of the aisle. The PRESIDING OFFICER. Is there a tough session, maybe a lot more par- Mr. President, I am pleased to intro- objection to the immediate consider- tisan than a lot of us would like. duce this resolution commending the ation of the resolution? Maybe we will be able to improve upon distinguished minority leader TOM There being no objection, the Senate that next year. Certainly, I have en- DASCHLE, and I extend best wishes to proceeded to consider the resolution. joyed my working relationship with his lovely wife, Linda, and their three Mr. LOTT. Mr. President, I want the Senator DASCHLE and have always fine children, Kelly, Nathan, and Lind- record to reflect I support this resolu- found him to be cordial. We have say. tion. I worked with Senator BYRD in worked well together and, hopefully, getting this clearance agreed to. the next Congress will be even more The PRESIDING OFFICER. If there Mr. President, I ask unanimous con- cordial, less partisan, and more produc- is no objection, the resolution is agreed sent the resolution be agreed to and tive. to. the motion to reconsider be laid upon I yield the floor. The resolution (S. Res. 322) was table. The PRESIDING OFFICER. The Sen- agreed to, as follows: The PRESIDING OFFICER. Without ator from South Carolina. S. Res. 322 objection, it is so ordered. The resolu- f tion is agreed to. Resolved, That the thanks of the Senate are The resolution (S. Res. 321) was COMMENDING THE EXEMPLARY hereby tendered to the distinguished Demo- agreed to, as follows: LEADERSHIP OF THE DEMO- cratic Leader, the Senator from South Da- CRATIC LEADER kota, the Honorable Thomas A. Daschle, for S. RES. 321 his exemplary leadership and the cooperative Resolved, That (a) notwithstanding the pro- Mr. THURMOND. Mr. President, I and dedicated manner in which he has per- visions of the Standing Rules of the Senate have a resolution at the desk to com- formed his leadership responsibilities in the or Senate Resolution 508, adopted by the mend Senator DASCHLE. I request the conduct of Senate business during the second Senate on September 4, 1980, pro bono legal clerk report that resolution. session of the 104th Congress. S12370 CONGRESSIONAL RECORD — SENATE October 3, 1996 COMMENDING EXEMPLARY LEAD- S. RES. 323 1979. Cappie Brooks, secretary, Bir- ERSHIP OF THE MAJORITY Resolved, That the thanks of the Senate are mingham, AL, March 1989. Tim BROWN, LEADER hereby tendered to the distinguished Major- state director, Enterprise, AL, Feb. Mr. THURMOND. Mr. President, I ity Leader, the Senator from Mississippi, the 1985. Allen ‘‘Beau’’ Greenwood, legisla- Honorable Trent Lott, for his exemplary ask the resolution commending the tive assistant, Corpus Christi, TX, Feb- leadership and the cooperative and dedicated ruary 1995. Joyce Hackworth, case majority leader be reported. manner in which he has performed his lead- The PRESIDING OFFICER. The ership responsibilities in the conduct of Sen- worker, Birmingham, AL, January clerk will report. ate business during the second session of the 1979. Thad Huguley, legislative assist- The legislative clerk read as follows: 104th Congress. ant, Lanett, AL, August 1992. Lea Hurt, A resolution (S. Res. 323) to commend the The PRESIDING OFFICER. The Sen- communications director, Decatur, AL, exemplary leadership of the majority leader. ator from Alabama. July 1991. Brenda Jarvis, state representative, Montgomery, AL, Decem- The PRESIDING OFFICER. Is there f objection to the immediate consider- ber 1990. Jan Johnson, state representa- ation of the resolution? THANKS TO STAFF tive, Tuscumbia, AL, January 1979. There being no objection, the Senate Mr. HEFLIN. Mr. President, there Jeanne Jones, staff assistant, Mobile, proceeded to consider the resolution. has been a lot of tributary praise on AL, September 1982. Betty Lanier, sec- Mr. THURMOND. Mr. President, I the floor of the Senate in the last few retary, Midway, AL, April 1986. Alan rise today to submit a Senate resolu- days. We have heard praise for Mem- Leeth, legislative assistant/counsel, tion to commend the exemplary leader- bers, praise for spouses, and praise for Opelika, AL, December, 1995. Winston ship of the distinguished majority lead- the Senate itself. We have also heard a Lett, Judiciary subcommittee minority er, the Honorable TRENT LOTT of Mis- great deal of praise for staff members, chief counsel, Opelika, AL, October sissippi. and I want to add to that by taking a 1989. Mansel Long, legislative director, Senator LOTT is the 16th majority moment to say thanks to the many Tuscumbia, AL, February 1979. Judy leader in the U.S. Senate and the first staff members I have worked with over Lovell, production manager, Bowie, Mississippian ever to hold the Senate’s the years. MD, August 1987. Kristi Mashon, archi- top leadership post. He was elected to It is easy to take staff for granted. vist, Austin, TX, June 1995. Kimberly serve as majority leader on June 12, Much of what they do is carried out in McDonald, caseworker, Gaithersburg, 1996. such a way that we might not be aware MD, November 1991. Tom McMahon, The majority leader has earned the always of what they are doing. But press secretary, Montgomery, AL, Feb- respect of his colleagues in both the they put in long hours just like Sen- ruary 1989. Jackie Natter, legislative House and Senate, having served in the ators do. They are dedicated not only assistant, Birmingham, AL, November House of Representatives for eight to us, but to the States we serve. My 1994. Barry Phelps, speechwriter/legis- terms. While serving in the House, Sen- staff has helped thousands of Alabam- lative assistant, Birmingham, AL Octo- ator LOTT was elected chairman of the ians and other citizens with problems ber 1990. Steve Raby, administrative House Republican Research Committee ranging from lost Workmans’ Com- assistant, Harvest, AL, January 1984. and for 8 years he served as the Repub- pensation benefits to delayed retire- Rob Schultz, legislative aide, Allen- lican Whip. The personal friendships he ment checks to securing visas for over- town, PA, June 1996. Barbara Sherrill, developed in the House have contrib- seas travel at the last minute. secretary, Sheffield, AL, November uted well to his recent dealings with I have been fortunate to have many 1985. Samantha Smith, scheduler, Flor- the other chamber. long-time staff members who have been ence, AL, August 1993. Mary Spies, per- Senator LOTT was elected to the Sen- with me for many years, some since my sonal secretary, Washington, DC, Janu- ate in 1988 and continued his leadership first year in the Senate. Others have ary 1979. Yolanda Turner, mail clerk, service as Secretary of the Senate Re- not been here as long, but have still Suitland, MD, August 1992. Stanley publican Conference. In 1995, he was made valuable contributions. Most Vines, state representative, Bir- elected Senate Majority whip and is have come from Alabama or had some mingham, AL, April 1984. Heidi Wag- the first person to be elected to the po- connection to the State, such as being ner, staff assistant, Mobile, AL, July sition of whip in both the House and an alumnus of a university or college 1995. Sally Walburn, receptionist, Tus- the Senate. there, but others have come from the caloosa, AL, June 1996. Connie Weavil, Mr. President, since assuming the receptionist, Winston-Salem, NC, June challenging responsibilities as major- Washington area and other parts of the east coast. 1995. Jim Whiddon, judiciary sub- ity leader, Senator LOTT has shown a I am proud of my staff, both here in committee minority counsel, Mont- penchant for moving legislation and a gomery, AL, November 1993. Janetta willingness to do so in a bipartisan Washington and in my four State offices. They have done an outstanding Whit-Mitchell, state representative, manner. The majority leader has solid Mobile, AL, August 1989. footing in the Senate’s top post and it job for the Senate, for the State of Ala- bama, and for the Nation. Rather than Mr. COCHRAN addressed the Chair. is not on the backs of his colleagues. The PRESIDING OFFICER. The Sen- name any one of them individually, at Rather, Senator LOTT has worked in ator from Mississippi. cooperation with the distinguished mi- this time I ask unanimous consent that a list of my current staff with their f nority leader, Senator DASCHLE, and has been at our side in the trenches of hometowns and date of joining the of- COMMENDING THE MAJORITY this legislative arena. The Majority fice be printed in the RECORD after my LEADER Leader has cooperated with all Sen- remarks. Mr. COCHRAN. Mr. President, let me ators to facilitate the orderly proces- The PRESIDING OFFICER. Without add a few brief words of comment in sion of the Senate’s business. objection, it is so ordered. support of the resolutions that were Mr. President, Senator LOTT has a Mr. HEFLIN. Mr. President, to all of adopted earlier. As we wrap up this ses- wonderful family and I extend my best them and to all of those who have sion of the 104th Congress, I am con- wishes to his lovely wife, Tricia and served in the past and moved on to re- strained to commend, in a very sincere their two fine children, Chet and Tyler. tirement, K Street, or some other ca- way, the work that has been done by They are justifiably proud of Senator reer, I extend a hearty thanks for a job my distinguished colleague, who I LOTT as a husband, father, and dedi- well-done. serve with, from my State of Mis- cated public servant. I am honored to EXHIBIT 1 sissippi, TRENT LOTT. call him my leader in the U.S. Senate SENATOR HOWELL HEFLIN’S ALABAMA AND As he has taken the reins of majority and my good friend. WASHINGTON STAFF leader and discharged the duties of The PRESIDING OFFICER. If there (Including Hometowns and Date of Joining that important office, I have been very is no objection, the resolution is agreed Office) proud of him, and our entire State has to. Denise Addison, data entry clerk, been proud of him, in the way he has The resolution (S. Res. 323) was Washington, DC, Jan. 1986. Ann Berry, managed these challenges, handled this agreed to as follows: office manager, Birmingham, AL, April job in good grace, with a good sense of October 3, 1996 CONGRESSIONAL RECORD — SENATE S12371 humor, with a keen insight into how to rollcall vote No. 301, I changed my vote terms, nothing more than the status get things done in the U.S. Congress, to nay. At the time, I am sure all my quo. and with a great deal of integrity. colleagues realized why I did so. I im- In the first place, it would not ban a He has reflected credit on the U.S. mediately entered a motion to recon- single one of the thousands of partial- Senate and on the State of Mississippi, sider the vote by which the veto was birth abortions performed in the sec- and I congratulate him very sincerely. sustained. In order to be able to make ond trimester of pregnancy. I thank him for the honor of serving that motion to reconsider, it was, of In the second place, its ‘‘serious with him as his colleague from our course, necessary for me to cast my health’’ loophole, as ‘‘health’’ has been State. vote on the prevailing side. It was, in- interpreted by the courts, would render Mr. LOTT addressed the Chair. deed, my intention to return to the meaningless restrictions even in the The PRESIDING OFFICER. The ma- motion to reconsider the override vote, last months of pregnancy. jority leader. in the hope that continued public dis- When the Senate returns to this issue Mr. LOTT. Mr. President, I thank my cussion and consideration might cause in 1997, as indeed it must, I hope we distinguished senior colleague from the some of our colleagues to rethink their will find sufficient unity to ban the State of Mississippi for his comments position and, in fact, vote to override partial-birth procedure at all stages of this afternoon, and I thank him also the President’s veto of the partial- pregnancy. for the relationship we have had to- birth abortion ban. I suggest the absence of a quorum. gether in Congress now over the last 24 But the 104th Congress has run out of The PRESIDING OFFICER. The years. We were in the House together, time, and it has been clear that no con- clerk will call the roll. I believe, for 6 years, and then he came structive purpose would have been The assistant legislative clerk pro- to the Senate in 1978. We continued to served by yet another vote. While I am ceeded to call the roll. work together across the Capitol, and sure some Senators are having some se- Mr. WARNER. Mr. President, I ask it was my great honor to join him in rious second thoughts about that vote, unanimous consent that the order for this body beginning in January 1989. there has been no indication that there the quorum call be rescinded. It has been a great relationship, one has been a sufficient number change to The PRESIDING OFFICER. Without that I treasure very much. We not only reverse that earlier vote on the over- objection, it is so ordered. enjoy working together on behalf of ride. f our State, I enjoy his company, and we I therefore ask unanimous consent to TRIBUTE TO SENATOR WILLIAM quite often have lunch together. I have withdraw my motion to reconsider roll- COHEN sidled in next to him in that historic call No. 301 and that the permanent desk he has as the senior Senator from RECORD of the 104th Congress note my Mr. WARNER. Mr. President, earlier Mississippi, and we talk about our fam- intention to be included with the 57 today the Senate Armed Services Com- ilies, our wives, our football team, our other Senators who voted to override mittee had a hearing. It happened to be future and our country, and I enjoy it President Clinton’s veto of the partial- that the Secretary of Defense and the always. We even tell a few stories, a birth abortion ban. Chairman of the Joint Chiefs of Staff few Mississippi jokes along the way to The PRESIDING OFFICER. Without were our principal witnesses, and the each other, but more than anything objection, it is so ordered. subject was the ongoing controversy in else, when the going gets rough, when I Mr. LOTT. Let me say just a few Bosnia. want real serious, steady, reliable ad- words about the partial-birth abortion Seated next to me, as he has been for vice given to me straight up, I go to issue. these many years of joint service on my Senator from Mississippi who I This is a matter that has touched the that committee, was Senator BILL work with from our delegation, and he conscience of America. I note that, on COHEN. It is hard for me to express in gives me very good advice. both sides of the aisle, there are now words my respect for this great Amer- He has been a member of the leader- several pro-choice Members who sup- ican and this great U.S. Senator, a man ship of the Senate now for many years. port the ban on partial-birth abortions. who truly is a global thinker. And He has done an excellent job as chair- I will not soon forget the dramatic today he was as profound and as inci- man of our Republican conference. He moment when Senator COATS read the sive as he has been for all these years is in our leadership meetings, and in- letter from our Coloradan colleague, that I have been privileged to serve variably, again, his advice and counsel Senator CAMPBELL, written from his with him on the Armed Services Com- is very good, and it is worth listening hospital bed, telling us he would vote mittee. to. I found when I listen to it, I do OK, to override the veto, even though he He has occupied, somewhere in this and when I don’t, I usually mess up supports abortion rights. area of the Senate floor, the chair that some way or the other. This is clearly an issue that will not he has selected for Maine. But Maine’s I thank him for his comments today, go away. Indeed, I anticipate early ac- chair is the chair for the United States but I also thank him for the fine relation on it in the 105th Congress. By of America when it comes to the mat- tionship we have. We will continue to which time, continuing public edu- ter of national security, foreign policy. work together for our State and our cation about the partial-birth proce- We may have differed on some occa- country, and I look forward to that op- dure will, I believe, change many con- sions, but more often we have been to- portunity. gressional minds. gether. And he has been a fearless I yield the floor, Mr. President, and I Here is just on example. Most of the speaker, an absolutely fearless speaker suggest the absence of a quorum. debate on both sides of this issue, has and advocate for what he believes is The PRESIDING OFFICER. The concentrated on the use of partial- best for the United States and, indeed, clerk will call the roll. birth abortion in late-term preg- the world. The bill clerk proceeded to call the nancies. That may, indeed, be the most We have taken trips together. I have roll. shocking aspect. seen him in the presence of world lead- Mr. LOTT. Mr. President, I ask unan- But interviews with abortion doctors ers, heads of State, heads of Govern- imous consent that the order for the by the Washington Post, the American ment, and within moments after enter- quorum call be rescinded. Medical News, and the Bergen County, ing a room, whether it is Europe, Asia, The PRESIDING OFFICER. Without N.J., Record reveal that the great ma- or the Middle East, he is greeted and objection, it is so ordered. jority of partial-birth abortions—thou- accepted and listened to as an equal. f sands every year—are performed in the He is a very hard worker, diligent in fifth and sixth months of pregnancy. his representation for his State, a pro- CHANGE OF VOTE And almost all of them are performed digious student of history. But he al- Mr. LOTT. Mr. President, on Septem- for entirely nonmedical reasons. ways found time, Mr. President, he al- ber 26, the Senate failed to override the When President Clinton vetoed the ways found time to spread his great in- President’s veto of a bill to ban a pro- partial-birth abortion ban, he sug- tellect on the written pages of books, cedure known commonly as partial- gested an alternative. It turns out that be they novels, or, more importantly, birth abortion. Toward the end of that his alternative would be, in practical for this Senator, be they poems. Lucky S12372 CONGRESSIONAL RECORD — SENATE October 3, 1996 is the Member of the Senate, or per- also a sadness of joy that he and his grasp of the mission on which we were haps an observing staffer, who found at lovely wife have reclaimed—resent to some remote place on behalf of Senator COHEN’s seat, more often at a claimed—their lives from public serv- the interests of the United States and committee hearing, a doodle. I am not ice. He, with nearly a quarter of a cen- the Senate. much for doodling, but he is an expert, tury, 24 years in the Congress of the I was always interested when he and it is not some scribble. United States, has reclaimed it to go would come to the floor in connection What surprises me, having studied on and have other challenges. I do not with appointments to the Federal judi- engineering and particularly engineer- doubt for a moment that he will accept ciary, particularly as it related to the ing drawing and architecture drawing the challenges which will enable him Supreme Court of the United States. myself—I am a man who observes a to enter into the global policy discus- He, in a very tough, I believe, fair, and straight line or the French curve or sions and other forums of the world as objective manner, laid out the quali- whatever—these are drawings that it relates to foreign policy and national fications or the absence of qualifica- challenge the best of engineering draw- security, but also to reclaim perhaps a tions, in his judgment, and the Senate ings, very precise, a balance, perspec- little more time to spread his genius listened. The Senate listened out of tive, and I defy anyone to interpret the upon the paper that all of us can share, profound respect for our colleague. meaning. And therein is the real ge- be it fiction, be it prose, be it poetry, There were times when his great sense nius. or be it a foreign policy decision. I wish of humor and his sense of camaraderie He is able to take these drawings and him well. would give away to a parochial inter- capture the meaning of the debate in I yield the floor, Mr. President, and est. the committee hearing. I have never suggest the absence of a quorum. I have seen him exhibit such fervor, seen him doodle in the Senate—maybe The PRESIDING OFFICER. The particularly in the well of the Senate, he has—not in the Chamber, but cer- clerk will call the roll. as to alarm other Senators to the point tainly as I sat next to him in the The legislative clerk proceeded to that they would go in opposite direc- Armed Services Committee, the Select call the roll. tions rather than confront him. That Committee on Aging. They are abso- Mr. WARNER. Mr. President, I ask happened, Mr. President, more often lutely magnificent. unanimous consent that the order for than not on peanuts. No one in the con- I asked him one time, ‘‘Are these the quorum call be rescinded. temporary history of the Senate has your ideas of caricatures of other Sen- The PRESIDING OFFICER. Without fought harder for the peanut farmer ators?’’ objection, it is so ordered. than the distinguished Senator from ‘‘No. They are caricatures of the de- f Alabama. He would seize us by the arm bate that is taking place, and how I see that debate, where it starts, where it RETIRING SENATORS and make certain that we had commitments from fellow Senators as related goes, whether it is conclusive or incon- Mr. WARNER. Mr. President, I in- clusive, whether it is fair and whether to peanuts. I enjoy eating peanuts, but tended to address the Senate and I there were times in the intensity of it is objective.’’ shall address the Senate with respect I have one or two, and I treasure that debate that I lost all interest and to the distinguished Senator from Ala- appetite for peanuts. But there he was, them. bama who has joined the ranks of those He is a meticulous researcher. Per- and for good reason. The peanut farm- reclaiming his balance of time pursu- haps above all, that research to bear on ers are small. Nobody has made a for- ant to a manner that most befits the legislation that he sponsored—and for tune in peanuts; never have and never desires and the goals of the Senator a while I was not totally in favor of will, in my judgment; that is, the farm- that legislation—but it was legislation and his lovely wife. er. It represents to him the spirit of I did not realize you would be here, that eventually put into law the spe- American agriculture. Senator. I would not suggest that you cial operating forces of the United He has served on the Senate Agri- States. deviate from whatever you intended to culture Committee throughout his en- Much of the work of those forces is do while I just have a few words here tire career in the U.S. Senate. He has a highly classified, and therefore I can- about my dear friend, but I envy you in great respect for those who till the soil not discuss it on the floor of the Sen- many ways. and love the land that produces the ate. But the essence of his legislation We could always start out with the bountiful harvests that we all enjoy, was to enable our Nation and our thought that he brought to the Senate and really accept almost as a matter of Armed Forces to have a cadre of men and to public service for his Nation and right, in this country. and women in uniform who were able his State a knowledge of the law and a Agriculture is our principal export as to perform the most difficult of mili- respect for the law and an understand- it relates to improving the balance of tary tasks, whether it is a task that ing of the law, and an understanding trade. challenges two or three or a task that that the Congress of the United States There sits a Senator like a stone wall challenges a company-sized group of has the responsibility under the Con- to defend the role of the American military. And those challenges could stitution to enact the law. How many farmer and the agriculture of this come at any time, any moment, any- times have I heard him say, and others great land. There sits a Senator like a where on the globe. have heard him, that enacting the law stone wall to protect the freedoms of Because of this man’s foresight, we is our responsibility—not that of the people, especially those freedoms guar- have that capability here in the United bureaucrats, the vast army of bureau- anteed by the Constitution of the Unit- States. My only suspicion at the time crats—to write the regulations. Tena- ed States. that we used to debate it was whether ciously, he has fought for strict adher- We will miss you, my dear friend. or not it was not already present in the ence of the Constitution in the law of And I thank you for the opportunity to Armed Forces of the United States and the land and not to delegate it to the have spoken a few words from the whether or not the command and con- army of bureaucrats. Yes, I admire him heart in the deepest of gratitude for trol should be under, say, the Chief of for that, but I suppose I admire him be- your friendship and your wisdom that the Army, the Navy, the Air Force, and cause of the tremendous admiration you have so willfully given this coun- the Marine Corps. And he was right; and warmth of feeling that other Sen- try during your distinguished career. this should be a separate CINC, a sepa- ators have for him. I yield the floor. rate four-star officer, whose sole re- I have enjoyed several trips to re- Mr. HEFLIN addressed the Chair sponsibility was not to the other serv- mote places of the world in connection The PRESIDING OFFICER. The Sen- ices, but to see that this cadre of serv- with military matters, I think, on ator from Alabama. ice persons had the equipment, had the most occasions, the focal point of the Mr. HEFLIN. Mr. President, I am training, had the skills and the for- trip. Perhaps that focal point was gen- deeply humbled to hear the kind words titude to take on any challenge any- erated by the somewhat disproportion- of the distinguished gentleman from where in the world. ate size and stature of this great Sen- Virginia—and he is truly a gentleman So I join the others who expressed a ator, but more often than not it was from Virginia. I appreciate them very note of sadness of his departure, but because of his display of intellect and deeply. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12373 My mind goes back, as I think about the back row of this side of the Senate tion and went back home thinking that our friendship, to the early days when next to the distinguished Senator from perhaps I was not a very important we both came to the Senate. On one Kansas, NANCY KASSEBAUM. That was a U.S. Senator. But I remember that snowy day in which there were 24 privilege for this Senator because, as warm greeting of her father and how inches of snow on the ground, the one knows, you often have the oppor- well she handled it, and we have been scheduled speaker for the reading of tunity in the course of debate and close friends all these many years in George Washington’s Farewell Address other times in the Senate to engage in the Senate. was Senator JOHN WARNER of Virginia. conversation with your colleague that I was proud to join other Senators In order to be here, he had to walk adjoins you. Senator LUGAR was there. when she broke the logjam and put some 2 miles in the snow to get here. I I shall most dearly miss her depar- through historic legislation time and was the Presiding Officer of the Senate ture from the Senate. We came to the time again relating to matters within on that occasion. I got a ride in a jeep Senate together. She virtually decided the purview of her expertise, particu- and came about a mile. But Senator to reclaim her life from public service larly the health legislation. WARNER walked all of that way. after a long and distinguished period in What a gentle person; what a Since that time I have been following the Senate and other responsibilities. I thoughtful person; what a sensitive in his footsteps. He has trod through have to recount with some reluctance a person. I do not think I ever saw her many minefields, and he has always story about my first encounter with without a smile on her face. Maybe the distinguished then junior Senator come out with a great sense of feeling once. but that was her hallmark, civil- from Kansas. I had been in the Senate for his fellow man and for his State of ity—civility that she felt so important only a year or so, and she approached Virginia. for this Chamber and for personal rela- me one day and asked if I would travel So I appreciate very deeply his re- tionships. Yes, a very distinguished to Kansas to give a speech to a local marks. I know that he is going to have university or college, as the case may legislative career, set of accomplish- a long career here in the Senate. I hope be. Memory dims, but memory does not ments, of which her father would have that when he does leave, there will be dim on the events of that visit because been very proud had he lived to see another Senator who will speak words I was looking forward to meeting her this, her last day as a U.S. Senator. pertaining to agriculture concerning distinguished father, Alfred M. Landon, We say a fond goodbye to our col- him because he has been a true cham- who was the nominee of the Republican league and wish her well in the next pion of agriculture and a true cham- Party for the Presidency of the United chapter of challenges of life, and hope- pion of Virginia peanut farmers, too. States in 1936. fully she will, like others, reclaim a So I deeply appreciate everything So I had done my homework about little bit of that personal life to share that he said, and I will look forward to her father and very much looked for- with others of her family, to pursue many days in the future of having ward to meeting that historic figure. some joys she has earned through her some sort of way of having a connec- We arrived. I do not recall much about contributions to our country and to the tion with him. the speech, but we were invited to have great State of Kansas. Mr. WARNER. Mr. President, if I lunch with her father. Mr. President, I yield the floor. I sug- may slightly revise and correct the Now, I have to add that at that time gest the absence of a quorum. record of my good friend, the distance I had a very unusual and beautiful The PRESIDING OFFICER. The ab- was 4 miles. But, more importantly, wife, and upon arriving at the KASSE- sence of a quorum has been noted. The the last one-tenth of a mile I was on BAUM–Alfred M. Landon household, it clerk will call the roll. the back of a tractor. You may recall quickly became evident to me that I The assistant legislative clerk pro- that the farmers of America had as- was not invited to come to Kansas to ceeded to call the roll. sembled between the Capitol and the give a speech; it was immaterial Mr. LOTT. Mr. President, I ask unan- Washington Monument and were en- whether I was to come or not. What Al- imous consent that the order for the camped in that snow with their trac- fred M. Landon wanted was to meet my quorum call be rescinded. tors here on a protest. As I came along wife. That was his sole ambition, sole The PRESIDING OFFICER. Without Pennsylvania Avenue, one spied me, reason that Senator KASSEBAUM in- objection, it is so ordered. not knowing I was a Senator but in the vited me out there. true spirit of an American farmer just We stepped on to the front porch of f extended a hand to help, and he put me that wonderful, old, quaint house, very on the back of the tractor and drove unpretentious. The candidate, the UNANIMOUS-CONSENT REQUEST— me up the Hill. I arrived in front of the Presidential candidate, came out, S. 2187 Capitol of the United States on the greeted us and then he took command back of a farm tractor to walk into a of the situation. He pointed his finger Mr. LOTT. Mr. President, I ask unan- Chamber, Mr. President, that was to- at me, and he said, ‘‘You sit there on imous consent the Senate proceed to tally empty. No one came from afar ex- the front porch,’’ and pointed his finger the immediate consideration of S. 2187, cept my dear friend from Alabama to at his daughter and said, ‘‘You sit which was introduced earlier today by hear me deliver George Washington’s there and entertain the Senator. I’m Senator BROWN. Farewell Address. going inside and I’m going to visit with Mr. DASCHLE. Mr. President, I ob- I thank the distinguished Senator for a really historic figure, his wife.’’ ject. commenting on my career, which I fer- The two of them disappeared. So The PRESIDING OFFICER. Objec- vently hope is not a farewell address. Nancy and I engaged in some idle con- tion is heard. I yield the floor, Mr. President. I sug- versation, and pretty soon we heard Mr. LOTT. Mr. President, there also gest the absence of a quorum. the level of laughter rising steadily to is an Ashcroft amendment that would The PRESIDING OFFICER. The where it was a roar. The noise was roll- have been in order on this bill if there clerk will call the roll. ing out the door of the house, and had not been objection. The legislative clerk proceeded to Nancy said to me, ‘‘Something unusual Mr. President, I now ask unanimous call the roll. must be taking place.’’ And she walked consent the Judiciary Committee be Mr. WARNER. Mr. President, I ask in to find that—I hesitate to tell the discharged from further consideration unanimous consent that the order for story but it is a true fact —Alf Landon of S. 2187 regarding the Civil Rights the quorum call be rescinded. had secreted, shall we say, a bottle Commission, that the Senate proceed The PRESIDING OFFICER. Without that contained certain vapors, certain to its immediate consideration, the bill objection, it is so ordered. elixir of life, which he was precluded be advanced to third reading and f from enjoying but he secreted for this passed, and the motion to reconsider be occasion, and both had taken liberally laid upon the table. TRIBUTE TO SENATOR NANCY and were enjoying the benefits of a Mr. DASCHLE. Mr. President, I ob- KASSEBAUM very excited conversation. ject. Mr. WARNER. Mr. President, for I shall always remember that day. I The PRESIDING OFFICER. Objec- many years I was privileged to sit in hardly got a word into the conversation is heard. S12374 CONGRESSIONAL RECORD — SENATE October 3, 1996 BLACK REVOLUTIONARY WAR memorative Coin Advisory Committee complish just that. Simultaneously, PATRIOTS and the U.S. Mint. those reforms will revitalize the com- Mr. LOTT. Mr. President, I ask unan- The reforms we now have are based memorative coin program and preserve imous consent the Senate now proceed on those sponsored by Representative the hobby of collecting coins. to the consideration of H.R. 1776, which MICHAEL CASTLE, Chairman of the Sub- Mr. President, I ask unanimous con- was received from the House. committee on Domestic and Inter- sent that a summary of the amend- The PRESIDING OFFICER. The national Monetary Policy of the Com- ments be printed in the RECORD. clerk will report. mittee on Banking and Financial Serv- There being no objection, the mate- The legislative clerk read as follows: ices. Congressman CASTLE’S bill, H.R. rial was ordered to be printed in the 2614, which was supported overwhelm- RECORD, as follows: A bill (H.R. 1776) to require the Secretary of the Treasury to mint coins in commemo- ingly in the House, served as an appro- SUMMARY OF AMENDMENT ration of black Revolutionary War patriots priate foundation for the reforms. I TITLE I and the 275th anniversary of the first black commend Mr. CASTLE on his guidance Commemorative Coin Programs Revolutionary War patriot, Crispus Attucks. and perseverance as it relates to com- 1. Jackie Robinson, commemorating the The PRESIDING OFFICER. Is there memorative coin program reforms. 50th anniversary of the breaking of the color objection to the immediate consider- The coin programs that this bill au- barrier in major league baseball. Coins for ation of the bill? thorizes will give recognition to de- July 1, 1997–July 1, 1998. serving, influential American citizens 2. Dolley Madison, commemorating the There being no objection, the Senate 150th anniversary of the death of the wife of proceeded to consider the bill. and historic figures such as Jackie Robinson, George Washington, Dolley the fourth President of the United States. AMENDMENT NO. 5428 Coins for period 1999. Madison and Franklin Delano Roo- (Purpose: To provide a complete substitute) 3. George Washington, commemorating the sevelt. For the first in the history of 200th anniversary of the death of the first Mr. LOTT. Senator D’AMATO has a the Mint’s commemorative coin pro- President of the United States. Coins for pe- substitute amendment at the desk. I gram, we will honor not only the sac- riod beginning May 1, 1999 and ending No- ask for its immediate consideration. rifices and contributions made by Afri- vember 31, 1999. The PRESIDING OFFICER. The can Americans during the Revolution- 4. Black Revolutionary War Patriots/ clerk will report. ary War period, but Crispus Attucks, Crispus Attucks, commemorating the 275th The legislative clerk read as follows: anniversary of the birth of the first Amer- the first African American Revolution- ican colonist killed in the Revolutionary The Senator from Mississippi [Mr. LOTT], ary War patriot and colonist killed War and all Black Revolutionary War Patri- for Mr. D’AMATO, proposes an amendment during the Boston Massacre. ots. Coins for one year from January 1, 1998 numbered 5428. In addition we will celebrate the through December 31, 1998. (The text of the amendment is print- 125th anniversary of our country’s first 5. Franklin Delano Roosevelt, commemo- ed in today’s RECORD under ‘‘Amend- national park—Yellowstone National rating the opening of the FDR Memorial in ments Submitted.’’) Park. And on a more somber note, we Washington, D.C. honoring the 32nd Presi- f will salute the selfless contributions dent of the United States. Coins for one year that our Nation’s law enforcement offi- from May 15, 1997. COMMEMORATIVE COIN BILL 6. Yellowstone National Park, commemo- cers and their families have made in rating the 125th anniversary of the establish- Mr. D’AMATO. Mr. President, today I preserving public safety. These men ment of the Yellowstone National Park as rise to offer the Commemorative Coin and women are not enlisted for battle, the first national park in the United States. Act of 1996, an amendment to H.R. 1776, yet they risk their lives everyday. And Coins for one year starting in 1999. the Black Revolutionary War Patriots tragically enough, lives are lost so that 7. National Law Enforcement Officers Me- Act. others may live without the threat of morial, commemorating the sacrifice and This measure incorporates the com- crime. their families in preserving public safety. memorative coin initiatives that have The production and sale of com- Coins for one year from December 15, 1997. not only successfully garnered over- memorative coins allows the Treasury TITLE II whelming support in the Senate, as a means of decreasing the national def- National Law Enforcement Officers Memorial well as the endorsement of the Citizens icit. Worthy causes also benefit from Maintenance Fund—establishes a revolving Commemorative Coin Advisory Com- fund to be administered by the Secretary of funds raised for worthwhile projects. the Interior. mittee, but coin initiatives that have Yet we are well aware that as the also been unanimously agreed to by the commemorative coin market becomes * * * * * House of Representatives. more and more saturated, it is becom- TITLE IV Commemorative coins are collecting more and more common for coin The Fifty States Commemorative Coin Study ibles that raise the public’s awareness programs to post losses, significant 1. Authorizes a circulating coin program of events that molded our Nation, of losses—in millions of dollars. Profits study utilizing the quarter dollar and a de- the personal sacrifice and contribution realized through well received pro- sign chosen to represent each state as it from outstanding leaders, and of his- grams end up covering these losses. joined the Union. toric sites and fantastic natural monu- That is essentially how the Mint’s Pub- Terms of the Members of the Citizens ments. lic Enterprise Fund operates. But, we Commemorative Coin Advisory Committee We have already been successful in cannot and should not become com- 1. Terms to be limited to four years and to achieving our goal of Commemorative be staggered. pletely reliant upon the safety net of 2. Members are not to be considered special Coin reforms. These reforms are the re- the Public Enterprise Fund. Government employees. sult of the outcry for boycotts among In addition to the commemorative 3. Amends Section 5131 of Title 31, U.S.C., numismatists nationwide and the coin provisions, this legislation author- by striking subsection (c) regarding Presi- losses commemorative programs have izes a study for the 50 States Circulat- dential appointments. been experiencing over the last few ing Commemorative Coin Programs. Mr. WARNER. Mr. President, I rise years. I called for a study of the com- This temporary change to our currency today to speak in support of two commemorative coin program by the Gov- could make history as well as teach memorative coins that honor the mem- ernment Accounting Office in July history. Each State of the Union would ory of two great Americans and Vir- 1995. The report was not issued until be represented on the quarter in the ginians—George Washington and Doll- August 1996. order in which it joined the Union. ey Madison. I have had the opportunity The message in the report was sim- Representation of all States would end to speak at length in support of the ple—either take steps to reform com- 10 years from the inception of the cir- George Washington commemorative memorative programs or continue on culating program. coin and refer to my statement in the the same path of burdening the tax- Mr. President, the time has come to RECORD on June 20, 1996. However, I payer. After negotiations with the assure that the American taxpayer is have not had the opportunity to speak House, we were able to reach an agree- protected from losses that commemo- in support of the Dolley Madison comment that had the full support of the rative coin programs may experience. memorative coin and so I will do so House, the Senate, the Citizens Com- The reforms we have adopted will ac- today. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12375 The Dolley Madison commemorative THE BLACK REVOLUTIONARY WAR With scant training, but abundant coin will honor the 150th anniversary PATRIOTS courage, the First Rhode Island Regi- of her death in 1999. It is remarkable Mr. CHAFEE. Mr. President, I am de- ment inflicted casualties of 6 to 1 on that this will be the first commemora- lighted to note the passage of legisla- the professional troops of the Redcoats. tive coin to honor a First Lady and tion I introduced with Senator Like African-American soldiers only the third to honor a woman. It is MOSELEY-BRAUN to authorize the U.S. throughout the colonies, however, the fitting that Dolley Madison will be the Mint to create a coin commemorating soldiers of Rhode Island’s First Regi- first First Lady so honored. Crispus Attucks and the more than ment faced tragedy as well as triumph. Dolley Madison was, by all accounts, 5,000 African-American patriots who In May, 1781, the unit suffered a sur- the originator of the role of first lady. fought and died during the Revolution- prise attack by the British cavalry at She was such a compelling and popular Pines Bridge, and 40 soldiers lost their figure that she acted as hostess for the ary War. Our bill, S. 953, known as the Black Revolutionary War Patriots lives. Two years later, the regiment widowed President, Thomas Jefferson, was disbanded unceremoniously in while her husband served as his Sec- Commemorative Coin Act, was cosponsored by 63 Senators from both sides of Oswego, NY. According to the historian retary of State. Thus, Dolley Madison’s John Harmon, the soldiers were told to term as First Lady effectively ex- the aisle and every region of our Na- tion. After approval by the Citizens’ find their own way home, and many tended from 1801 to 1817—over 16 years. died while making the trip. Further, Historians have maintained that Doll- Commemorative Coin Advisory Com- mission, the companion bill, intro- despite the promise of freedom which ey Madison is the most famous and be- had been made in order to entice them loved of all the first ladies of the 19th duced by Representative NANCY JOHN- SON, was approved unanimously by the to enlist, tragically, some of the sol- century. She was the most important diers were actually re-enslaved after women in Washington through the House of Representatives. In 1986, Congress approved construc- their return. years of Thomas Jefferson’s adminis- Now, with the passage of this com- tration as well as Madison’s. By nature tion on the National Mall of a memorial celebrating the lives of the Afri- memorative coin legislation, a monu- kind, ebullient, and gracious—and mar- ment honoring these forgotten patriots ried to a very shy man—Dolley Madi- can-American men and women who served, fought, and died during our Na- can be constructed on our Nation’s son took on the responsibility of orga- Mall. The design for the memorial was nizing the social activities that are es- tion’s Revolutionary War. Ironically, many of these brave Americans never approved recently, funds are being sential to the affairs of state. In so raised by the Patriots Foundation, and doing, she set the standard for every experienced the freedom and independ- the recognition that these brave Amer- first lady to come. This was more than ence for which they fought. A portion of the proceeds from sales of the coin icans deserve is near at hand. throwing nice parties—it was the I would like to give special thanks to bridge between the work of official will help to pay for construction of a memorial recognizing the contribution Chairman D’AMATO and the majority Washington and the private social life leader who recognized the importance of the President and his family. of these brave Americans. of this coin bill and took the steps nec- Dolley Madison was also a woman of As children in school, we all learn essary to enable its passage. action and decisiveness. During the that Crispus Attucks was the first per- Mr. JOHNSTON. Mr. President, I War of 1812, when invading British son to lose his life at the outbreak of would like to make a few comments re- troops burned the White House, Dolley the Revolutionary War, but few of us garding H.R. 1776, the commemorative Madison, at great personal risk, saved learn about the valor and sacrifice of coin bill which has recently taken a many important documents, books, thousands of others who willingly great deal of the time of a number of and other materials from the White fought to free a land that deprived Senators. In an effort to come to agree- House, including an historic portrait of them of freedom. Harriet Beecher George Washington which she saved by Stowe put it this way, ment on this package which contains coins for a number of very worthy rolling it up in a curtain as she de- They served a nation which did not ac- parted. Dolley Madison’s patriotism knowledge them as citizens and equals * * *. causes, the bill directs that a market- and civic bravery during this crisis of It was not for their own land they fought, ing study be undertaken prior to the war were an inspiration to all and pro- but for a land that enslaved them. Bravery commencement of the Fifty State Coin vided a much needed boost of morale to under such circumstances, has particular Program. beauty and merit. our beleaguered capital. Mr. President, I would like to clarify Dolley Madison was forced to sell the The vast majority of African-Ameri- to my colleagues that this language is 2,700 acre estate at Montpelier in 1844. cans who served in the Continental intended to ensure that this coin pro- The estate changed hands 7 times be- Army were from New England, and a gram will be successful. To that end it fore being bequeathed to the National great number were from my State of is very important that the U.S. Mint, Trust for Historic Preservation in 1984. Rhode Island. In fact, in 1778, Rhode Is- which has the expertise in coin mar- Today, Montpelier consists of 2,700 land approved the first slave enlist- keting, direct the study. In addition, acres: the 75 room main house, over 130 ment act and the Black Regiment of language has been included in the outbuildings, significant garden and Rhode Island was formed. This was one package that directs that funds to pay landscape features, 800 acres of pasture of only two all African-American regi- for this study come from discretionary and woodlands, and 200 acres of old- ments. The other was the Bucks of funds of the Department of the Treas- growth forest which have been identi- America of Boston. ury, and not from the U.S. Mint. Many fied as a national natural landmark. Not only did these men serve our Na- Senators have not been satisfied with Funds from the Dolley Madison com- tion, they served with distinction. Re- the conduct of the debate on this issue, memorative coin, after the U.S. Mint grettably throughout our history, their and this language makes it clear that recovers all its costs, will be used to valor has been overlooked and nearly funds for this compromise study will preserve James and Dolley Madison’s forgotten. Men like Jack Sisson of not come from proceeds of the coin pro- estate, Montpelier. The 5-year plan en- Rhode Island, who expertly steered one grams used to fund U.S. Mint oper- visioned by the National Trust for His- of five boats involved in the daring ations, but rather from the Treasury toric Preservation will include a Mont- capture of British Maj. Gen. Richard Department. pelier museum and the Madison center Prescott at Newport in 1777, are barely Mr. GRAHAM. Mr. President, I wish which will join forces to serve and edu- mentioned in historical reports of the to thank all the people who worked cate the visiting public. incident. hard on this issue. It sounds like a fair- Mr. President, I strongly urge all Jack Sisson went on to join a regi- ly simple process, to authorize the is- Members to support this important leg- ment of some 200 African-American suance of a commemorative coin. We islation honoring these two great soldiers from my State, who, at the have all found it is not such a simple Americans and making possible the battle of Rhode Island, held their process. continued education of the American ground against several fierce attacks One of those coins with which I am people about their accomplishments by British-Hessian forces, thereby al- particularly involved relates to issuing and contributions to our Nation. lowing 6 American brigades to retreat. a coin on the 200th anniversary of the S12376 CONGRESSIONAL RECORD — SENATE October 3, 1996

passing of our first President, George Senator D’AMATO, Senator WARNER, to alter that individual’s ability to appraise Washington, the proceeds to be used for and Senator GRAHAM of Florida. They conduct or to decline participation in or the restoration and enhancement of his have all been very interested in this. communicate unwillingness to participate in home at Mount Vernon. We are glad we were able to get it conduct is administered to the individual.’’. (b) ADDITIONAL PENALTIES RELATING TO I appreciate the efforts of Senator cleared and through this process. FLUNITRAZEPAM.— D’AMATO and the others who have I think it is good legislation and a (1) GENERAL PENALTIES.—Section 401 of the worked to see that this legislation is good effort. Controlled Substances Act (21 U.S.C. 841) is adopted. There are many thousands of Mr. President, I ask unanimous con- amended— people who will be very pleased at this sent the amendment be agreed to, the (A) in subsection (b)(1)(C), by inserting ‘‘, action we are about to take. bill be deemed read a third time and and I thank my colleagues for this very passed, the motion to reconsider be (B) in subsection (b)(1)(D), by inserting ‘‘or 30 milligrams of flunitrazepam,’’ after significant step. laid upon the table, and any state- ‘‘schedule III,’’. Mr. LOTT. Mr. President, I yield to ments relating to the bill appear at the (2) IMPORT AND EXPORT PENALTIES.— Senator D’AMATO, who, as chairman of appropriate place in the RECORD. (A) Section 1009(a) of the Controlled Sub- the Banking Committee, has certainly The amendment (No. 5428) was agreed stances Import and Export Act (21 U.S.C. been intimately involved in this. As a to. 959(a)) is amended by inserting ‘‘or general rule, they do not let a lot of The bill (H.R. 1776), as amended, was flunitrazepam’’ after ‘‘I or II’’. these coin bills go through without a deemed read for a third time and (B) Section 1010(b)(3) of the Controlled substances Import and Export Act (21 U.S.C. lot of very serious consideration and passed. 960(b)) is amended by inserting ‘‘or careful thought and preparation. But f flunitrazepam,’’ after ‘‘I or II,’’. these are good ones. You have cer- DRUG-INDUCED RAPE PREVENTION (C) Section 1010(b)(4) of the Controlled Sub- tainly done an excellent job bringing it stance Import and Export Act is amended by to this point, and we congratulate you. AND PUNISHMENT ACT OF 1996 inserting ‘‘(except a violation involving The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President I ask unani- flunitrazepam)’’ after ‘‘III, IV, or V,’’. ator from New York. mous consent the Senate immediately (3) SENTENCING GUIDELINES.— Mr. D’AMATO. Mr. President, I proceed to the consideration of H.R. (A) AMENDMENT OF SENTENCING GUIDE- LINES.—Pursuant to its authority under sec- thank the leader for his patience and 4137, a bill to combat drug-facilitated tion 994 of title 28, United States Code, the help, and our Democratic leader as crimes of violence, including sexual as- United States Sentencing Commission shall well, for joining Senator GRAHAM and saults, which is at the desk. review and amend as appropriate the sen- all those Senators who worked to bring The PRESIDING OFFICER. The tencing guidelines for offenses involving us to this point. clerk will report. flunitrazepam. This legislation not only accom- The legislative clerk read as follows: (B) SUMMARY.—The United States Sentenc- ing Commission shall submit to the Con- plishes some magnificent goals in com- A bill (H.R. 4137) to combat drug-facili- gress— tated crimes of violence, including sexual as- memorating some wonderful Ameri- (i) a summary of its review under subpara- saults. cans and various events—Jackie Robin- graph (A); and son, among those—but, in addition, The PRESIDING OFFICER. Is there (ii) an explanation for any amendment to will raise money for some very worthy objection to the immediate consider- the sentencing guidelines made under sub- causes like the Jackie Robinson Foun- ation of the bill? paragraph (A). dation to help needy students. It has There being no objection, the Senate (C) SERIOUS NATURE OF OFFENSES.—In car- already provided scholarships for 400 proceeded to consider the bill. rying out this paragraph, the United States Sentencing Commission shall ensure that children. AMENDMENT NO. 5429 the sentencing guidelines for offenses involv- One last thought. This package is a (Purpose: To propose a substitute) ing flunitrazepam reflect the serious nature very carefully worked out reform pack- Mr. LOTT. Mr. President, Senators of such offenses. age that Congressman CASTLE, our col- (c) INCREASES PENALTIES FOR UNLAWFUL HATCH, BIDEN, and COVERDELL have a league in the House, has worked on to SIMPLE POSSESSION OF FLUNITRAZEPAM.—Sec- achieve what I think will streamline substitute amendment at the desk. I tion 404(a) of the Controlled Substances Act this process so it will be a credit to the ask for its immediate consideration. (21 U.S.C. 844(a)) is amended by inserting Congress in future deliberations as The PRESIDING OFFICER. The after ‘‘exceeds 1 gram.’’ the following: ‘‘Not- withstanding any penalty provided in this they relate to which coins should we be clerk will report. The legislative clerk read as follows: subsection, any person convicted under this commemorating and how do we go subsection for the possession of The Senator from Mississippi [Mr. LOTT] about this, instead of a haphazard flunitrazepam shall be imprisoned for not for Mr. HATCH, for himself, Mr. BIDEN, and scattergun manner. more than 3 years, shall be fined as other- Mr. COVERDELL, proposes an amendment I thank both of the leaders. Not only wise provided in this section, or both.’’ numbered 5429. do we mint various coins—it does pro- SEC. 3. STUDY ON RESCHEDULING vide for that—but also sets up a proce- The amendment is as follows: FLUNITRAZEPAM. Strike all after the enacting clause and in- (a) STUDY.—The Administrator of the Drug dure which will bring much more order sert the following: to this House as well as to the House of Enforcement Administration shall, in con- SECTION 1. SHORT TITLE. sultation with other Federal and State agen- Representatives. I thank both leaders. This Act may be cited as the ‘‘Drug-In- cies, as appropriate, conduct a study on the Mr. DASCHLE. Mr. President, the duced Rape Prevention and Punishment Act appropriateness and desirability of resched- majority leader has spoken, I think, of 1996’’. uling flunitrazepam as a Schedule I con- well for all of us. This was a major un- SEC. 2. PROVISIONS RELATING TO USE OF A CON- trolled substance under the Controlled Sub- dertaking. I applaud the leadership of TROLLED SUBSTANCE WITH INTENT stances Act (21 U.S.C. 801 et seq.). the distinguished chairman of the com- TO COMMIT A CRIME OF VIOLENCE. (b) REPORT.—Not later than 180 days after mittee, the Senator from Florida, and (a) PENALTIES FOR DISTRIBUTION.—Section the date of the enactment of this Act, the so many others who have had a part to 401(b) of the Controlled Substances Act is administrator shall submit to the Commit- amended by adding at the end the following: tees on the Judiciary of the House of Rep- play in making this happen. ‘‘(7) PENALTIES FOR DISTRIBUTION.— resentatives and the Senate the results of This was the first of a series of bills ‘‘(A) IN GENERAL.—Whoever, with intent to the study conducted under subsection (a), to- that we are able to pass this afternoon. commit a crime of violence, as defined in gether with any recommendations regarding It is passing in large measure because section 16 of title 18, United States Code (in- rescheduling of flunitrazepam as a Schedule of the extraordinary work and coopera- cluding rape), against an individual, violates I controlled substance under the Controlled tion on both sides of the aisle. subsection (a) by distributing a controlled Substances Act (21 U.S.C. 801 et seq.). This is a good bill. It is important substance to that individual without that in- SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DE- that we pass it today. I am delighted dividual’s knowledge, shall be imprisoned PARTMENTS. that one of the last things we are doing not more than 20 years and fined in accord- The Attorney General may— ance with title 18, United States Code. (1) create educational materials regarding is passing H.R. 1776. ‘‘(B) DEFINITION.—For purposes of this the use of controlled substances (as that Mr. LOTT. Mr. President, I congratu- paragraph, the term ‘without that individ- term is defined in section 102 of the Con- late one and all who have been involved ual’s knowledge’ means that the individual trolled Substances Act) in the furtherance of in development of this legislation— is unaware that a substance with the ability rapes and sexual assaults; and October 3, 1996 CONGRESSIONAL RECORD — SENATE S12377 (2) disseminate those materials to police a drug legally marketed in over 60 includes the House language requiring departments throughout the Unites States. countries, to a category defined as ‘‘no the U.S. Sentencing Commission to re- Mr. HATCH. Mr. President, the bill medical use,’’ offered a substitute view and amend the sentencing guide- we are considering today is a sub- amendment to that bill, neither of lines for offenses involving Rohypnol. stitute offered by Senators COVERDELL, which had been voted upon when the It also includes the House provision BIDEN and myself to the House-passed Senate suspended debate on the Treas- calling for a study on rescheduling of Drug-Induced Rape Prevention and ury-Postal bill and subsequently folded Rohypnol, and an educational program Punishment Act, H.R. 4137, authored by it into the omnibus appropriations bill. for police departments on the use of my good friend and colleague, Rep- On the topic of reschheduling, it is controlled substances in the further- resentative GERRY SOLOMON of New important for my colleagues to be ance of rapes and sexual assaults. York, chairman of the Rules Commit- aware that Rohypnol is not sold legally The substitute is similar to the tee. in the United States. However, it is House-passed measure, in that it in- It is my understanding that this sold legally overseas. A unilateral ef- creases penalties for possession of amendment has been cleared on both fort on the part of the United States to Rohypnol and use of the drug in violent sides, and is acceptable to the House, reschedule the drug to the category of crimes, including rape. It does not, so I am hopeful it can quickly win final ‘‘no medical use’’ could negatively af- however, reschedule the drug, or im- approval and be sent to the President fect the legitimate access to this drug pose mandatory minimum sentences. for signature. oversees. Since schedule I is the most In closing, Mr. President, I must un- Mr. President, it is clear to this restrictive category, which is reserved derscore that the intent of our effort is member that the Congress must ad- for the drugs which have a high poten- simple: to fortify our arsenal so that dress the horrible problem of date rape tial for abuse, drugs which have no cur- law enforcement has the tools it needs before we adjourn for the year. Reports rently accepted medical use in treat- to fight the heinous crime of date rape. of date rapes appear to be on the rise. ment, and drugs for which there is a The Federal Government must show These cases are not confined to lack of accepted safety for use under that it will not tolerate the use of any Rohypnol—other drugs have also been medical supervision, I believe it would drug to facilitate rape. It is necessary implicated—but many of the instances be improper for Congress to place and prudent that the Congress act on brought to our attention do involve Rohypnol in schedule I. The regula- this important legislation. I want to thank my colleagues for ‘‘roofies,’’ as they are called on the tions and controls placed on schedule I their work on this important, biparti- street. These offenses are violent substances—controls, I might add, san bill. I urge the Senate to pass this crimes against women. I find the situa- which are warranted for drugs which important measure. tion deplorable. fall into this category—effectively re- Our amendment is a strike back at Mr. President, I ask unanimous con- move these substances from the health sent that a summary of the legislation those who would use controlled sub- care market. which passed be printed in the RECORD. stances to engage in what can only be The schedule I standards clearly do There being no objection, the sum- considered a most reprehensible crime, not apply to Rohypnol, a member of mary was ordered to be printed in the to sedate, then violate, unsuspecting the benzodiazepene class, which gen- RECORD, as follows: women. We must redouble our efforts erally falls within the less restrictive SUMMARY OF H.R. 4137, THE DRUG-INDUCED to discourage and punish illegal behav- schedule IV. Congressional reschedul- RAPE PREVENTION AND PUNISHMENT ACT AS ior that can have such drastic con- ing—an action seldom taken—of this PASSED BY THE SENATE, OCTOBER 2, 1996 sequences. drug would indicate to other countries Short title: The title of the bill is the Accordingly, the bill provides new that the United States believes there is ‘‘Drug-Induced Rape Prevention and Punish- penalties of up to 20 years imprison- no medical use for Rohypnol. In fact, ment Act of 1996’’. ment, and fines in accordance with there are legitimate medical uses for Provisions relating to use of any con- Title 18, U.S.C., for persons with the in- Rohypnol. So, too, are there legitimate trolled substance with intent to commit a tent to commit a crime of violence—in- crime of violence: The bill provides new pen- medical uses of many other drugs not alties of up to 20 years imprisonment, and cluding rape—by distributing any con- currently approved for sale in the Unit- fines in accordance with Title 18, U.S.C., for trolled substance to another individual ed States. To make any medically ac- persons who intend to commit a crime of vio- without that person’s knowledge. cepted drug a schedule I substance be- lence (including rape), by distributing a con- In addition, additional penalties are cause it is being used illegally would be trolled substance to another individual with- also imposed with specific reference to a troubling precedent for our Nation’s out that individual’s knowledge. flunitrazepam, sold under the trade health care system. What drugs would Specific penalties for rohypnol: Additional name Rohypnol. In general, these pen- penalties are also imposed with specific ref- be next? What other drugs will be put erence to flunitrazepam, sold under the trade alties are equivalent to those of Sched- beyond the reach of doctors and their name Rohypnol. In general, these penalties ule I controlled substances, which in- patients because Congress chose to act are equivalent to those of Schedule I conclude the possibility of imprisonment hastily? trolled substances, which generally include up to 20 years for individuals who On September 26, the House passed, the possibility of imprisonment up to 20 knowingly or intentionally manufac- 421 to 1, H.R. 4137, a compromise bill years for individuals who knowingly or in- ture, distribute, or dispense one gram authored by Representative SOLOMON, tentionally manufacture, distribute, or dis- of flunitrazepam, or 5 years for 30 mil- which many of us on this side of the pense one gram of flunitrazepam, or up to 5 ligrams. The bill also enhances pen- years for 30 milligrams. [Note: the penalties aisle respected for its tough penalties. are higher if the person has a prior convic- alties for the simple possession or ille- However, as we encountered with the tion or if death or serious bodily injury re- gal importation of flunitrazepam. recently passed bill to curb meth- sults from the use of the substance.] Since many versions of this bill have amphetamine abuse, certain Senators Penalties for import and export of been proposed, I wanted to take this on the Democratic side refused to clear flunitrazepam: The Controlled Substances opportunity to review the history of any bill with mandatory minimum sen- Act provision relating to import or export this legislation. As my colleagues are tences, and thus we were forced to are also amended, so that penalties for violations involving Rohypnol, are equivalent to aware, on August 2, Senator HUTCHIN- amend the House bill. penalties for Schedule I drugs. SON and I introduced S. 2040, the Drug- For the record, I continue to prefer Sentencing guidelines: The United States Induced Rape Prevention Act. Our bill mandatory minimum sentences as a Sentencing Commission is directed to review was cosponsored by Senators MOSELEY- sure deterrent to crime. However, in and amend, as appropriate, the sentencing BRAUN and SPECTER. this case as with the meth bill, I be- guidelines for offenses involving During consideration of the Treas- lieve it is preferable to yield tempo- flunitrazepam so that the guidelines reflect ury-Postal appropriations bill, Senator rarily on that point in order to get a the serious nature of such crimes. Simple possession of Rohypnol: A new pen- BIDEN offered an amendment to re- final agreement before adjournment. schedule Rohypnol to schedule I of the The bill we consider today contains alty is added of up to three years’ imprisonment, or a fine, or both, for simple posses- Controlled Substances Act. Senator the text of the Hatch/Coverdell amend- sion of Rohypnol. COVERDELL and I—believing that it was ment from September 12, with three Education program for police officers: A inappropriate to reschedule Rohypnol, provisions taken from the House bill. It new program is established to provide police S12378 CONGRESSIONAL RECORD — SENATE October 3, 1996 departments with educational materials on First, rescheduling Rohypnol is the commission of a violent or drug traf- the use of controlled substances during rapes most effective way to get State and ficking crime. and sexual assaults. local law enforcement to focus on I’m informed that this bill will be ap- Study: A Federal/State study on whether Rohypnol should be scheduled in a more re- Rohypnol—given the limited amount of proved by the House this afternoon, un- strictive category under the Controlled Sub- resources for fighting drugs, cops focus less there is strong opposition by a stances Act will be submitted to the Con- on those deemed most dangerous and Member of that body. If and when gress within six months of the bill’s enact- these are the drugs found in schedules signed by the President, it will obvi- ment. 1 and 2. ously crack down on criminals who Mr. BIDEN. Mr. President, I rise in Second, and as I have stated, many possess a gun while committing violent support of the substitute language of- State drug laws are triggered by the felonies and/or drug trafficking offered by myself and Senator HATCH. Federal Government’s scheduling sys- fenses. In short, it will ensure that This substitute is offered for a simple tem. The Uniform Controlled Sub- criminals possessing a firearm while reason, the House-passed bill cannot stances Act provides that when the committing a violent or drug traffick- and will not pass the Senate. I must Federal Government reschedules a ing felony shall receive stern and ines- also point out that while I obviously drug, the States which have signed this capable punishment. support the language I am co-sponsor- Uniformity Act will automatically This is common sense, Mr. President; ing with Senator HATCH and others, have their State drug penalties violent felons who possess firearms are this bill leaves a serious shortfall that changed to match the Federal pen- more dangerous than those who don’t must be addressed next year. alties. This legislation builds upon existing This shortfall is the failure of this In other words, without action on our Federal law providing that a person legislation to take the single most im- part to reschedule, many States will who, during a Federal crime of violence portant step we can to combat the rise not be able to address this problem and/or drug trafficking crime, uses or of Rohypnol, the ‘‘date-rape’’ drug— until it is too late and Rohypnol has carries a firearm shall be sentenced to that step is to shift this drug to sched- already infiltrated their communities. 5 years in prison, a law that has been ule 1 of the Federal Controlled Sub- Third, I have heard some critics of used effectively by Federal prosecutors stances Act. Why is rescheduling so im- my rescheduling proposal argue that across the country. portant? rescheduling is wrong because However, a December 1995 U.S. Su- Rescheduling is important for three Rohypnol is a medically accepted drug preme Court decision undermined the simple reasons: First, Federal resched- in other parts of the world. In response, efforts of prosecutors to use this stat- uling triggers increases in State drug I would simply point out that in 1984 ute effectively—the Supreme Court’s law penalties, and since we all know when Congress rescheduled Quaaludes, decision, Bailey versus United States, that more than 95 percent of all drug they were a medically accepted drug interpreted the law to require that a cases are prosecuted at the State level, right here in the United States. violent felon actively employ a firearm not by the Federal Government, it is What is more, unlike the action as a precondition of receiving an addi- vitally important that we re-schedule. taken on Quaaludes—in which Congress tional 5-year sentence. The Court in Second, Federal rescheduling to sched- saw fit to go so far as to ban previously Bailey held that the firearm must be ule 1 triggers the toughest Federal pen- legal sales of the drug in this country— brandished, fired, or otherwise actively alties. And, third, rescheduling has the rescheduling of Rohypnol in the used before the additional 5-year sen- proven to work, in 1984, I worked to re- United States will not hurt medical use tence may be imposed. So, if a criminal schedule Quaaludes, Congress passed here in America because there is no merely possesses a firearm, but doesn’t the law, and the Quaalude epidemic legal use of Rohypnol in America now. fire or otherwise use it, he gets off was greatly reduced and, in 1990, I Doctors cannot prescribe this drug. without the additional 5-year penalty. worked to re-schedule steroids, Con- The bottom line is that the Congress Mr. President, this Supreme Court gress passed the law, and again a drug will be debating the rescheduling issue decision posed serious problems for law epidemic that had been on the rise was all over again in 6 months. I regret this enforcement. It weakened the Federal reversed. delay. I abhor this delay. This delay criminal law and lead to the early re- Still, despite the fact that this bill has the potential of leaving more chil- lease of hundreds of violent criminals. does not reschedule Rohypnol, I believe dren in danger. But, this is the reality Before this Supreme Court’s error of that it is important to pass this legis- of the situation we face because of one judgment—in the Bailey versus United lation because it takes the necessary simple reason—a huge, foreign com- States decision—armed criminals com- and needed step of adding a new Fed- pany that manufactures Rohypnol does mitting violent or drug trafficking eral offense for the crime of using a not want America to reschedule their felonies were jailed for an additional 5 drug to commit any crime of violence— drug, even though this company does years, regardless of whether they ac- an offense that is punishable by up to not—indeed cannot—sell this drug in tively employed their weapons. 20 years behind bars. America. But when the Court’s decision was This bill also calls on the DEA Ad- It is just as simple as that, because a announced, hardened criminals across ministrator to make a recommenda- company is afraid of losing some America were overjoyed by the pros- tion on rescheduling Rohypnol to the money, the effort to bring the maxi- pect of prison doors swinging open for Congress within 180 days. I am con- mum power of Federal law against the them. And sure enough, since the Bai- fident that the DEA Administrator will date rape drug has been defeated. I ley decision last December 6, hundreds recommend the step I have been calling think we should take the partial step of criminals have indeed been set free. for more than a year—rescheduling we are taking today, I think it is a As a result of the Court’s decision, Rohypnol to schedule 1. The fact is positive that the Congress has agreed any thug who hid a gun under the back that the DEA Administrator has al- to accept a formal recommendation seat of his car, or who stashed a gun ready formally recommended schedule from the DEA Administrator, I believe with his drugs, escaped the additional 1 to the Department of Health and that will ultimately be persuasive 5-year penalty. But in fact, Mr. Presi- Human Services which is now begin- enough to gain a majority to support dent, firearms are the tools of the ning the lengthy process of its formal rescheduling, but let no one be under trade of most drug traffickers. Weap- review of the recommendation. This is any misunderstanding that what we do ons clearly facilitate the criminal the standard process for an administra- today is all we should be doing to con- transactions and embolded violent tive rescheduling, and in most cases, I trol the epidemic of the date rape drug. thugs to commit their crimes. believe it is appropriate—but, when we Mr. HELMS. Mr. President, I am I believe that mere possession of a are faced with immediate and clear gratified that the U.S. Senate today firearm, during the commission of a dangers, I do not believe that it is wise passed S. 1612, a bill I introduced on violent felony—even if the weapon is for Congress to refuse to take action. March 13, 1996, stipulating that a 5-year not actively used—should nonetheless To offer a few more details about the mandatory minimum sentence shall be be punished—because of the heightened importance of rescheduling Rohypnol, imposed upon any criminal possessing risk of violence when firearms are allow me to make a few more points. a firearm during and in relation to the present. In its opinion, the Supreme October 3, 1996 CONGRESSIONAL RECORD — SENATE S12379 Court observed, ‘‘Had Congress in- FEDERAL COURTS IMPROVEMENT Sec. 305. Carrying of firearms. tended possession alone to trigger li- ACT OF 1996 Sec. 306. Technical correction related to ability * * * it easily could have so pro- commencement date of tem- Mr. LOTT. Mr. President, I ask unan- porary judgeships. vided.’’ That, Mr. President, is pre- imous consent the Senate proceed to Sec. 307. Full-time status of court reporters. cisely the intent of this legislation—to the immediate consideration of Cal- Sec. 308. Court interpreters. make clear that possession alone does endar No. 547, S. 1887, to make im- Sec. 309. Technical amendment related to indeed trigger liability. provements in the operation and ad- commencement date of tem- So this legislation retains the 5 year porary bankruptcy judgeships. ministration of the Federal courts. Sec. 310. Contribution rate for senior judges mandatory—repeat, mandatory—sen- The PRESIDING OFFICER. The under the judicial survivors’ tences for violent armed felons, and it clerk will report. annuities system. expands the penalty to apply in the The legislative clerk read as follows: Sec. 311. Prohibition against awards of costs, case of possession. In addition, it di- A bill (S. 1887) to make improvements in including attorneys fees, and in- rects the United States Sentencing the operation and administration of the Fed- junctive relief against a judicial Commission to consider strengthening eral courts and for other purposes. officer. the penalty when a criminal discharges TITLE IV—JUDICIAL FINANCIAL The PRESIDING OFFICER. Is there ADMINISTRATION a firearm in furtherance of a heinous objection to the immediate consider- crime. Sec. 401. Increase in civil action filing fee. ation of the bill? Sec. 402. Interpreter performance examina- As originally introduced, S. 1612 There being no objection, the Senate tion fees. would have boosted the mandatory sen- proceeded to consider the bill, which Sec. 403. Judicial panel on multidistrict liti- tence to 10 years; 20 years if the weap- had been reported from the Committee gation. on was discharged; and the death pen- on the Judiciary, with amendments; as Sec. 404. Disposition of fees. alty or a mandatory life sentence if follows: TITLE V—FEDERAL COURTS STUDY someone was killed during the crime. (The parts of the bill intended to be COMMITTEE RECOMMENDATIONS However, some Senators—perhaps re- stricken are shown in boldface brack- Sec. 501. Parties’ consent to bankruptcy sponding to blandishments from the ets and the parts of the bill intended to judge’s findings and conclusions of law. lobbyists at A.C.L.U.—objected to be inserted are shown in italics.) Sec. 502. Qualification of Chief Judge of heightened mandatory sentences. So I S. 1881 Court of International Trade. scaled them back—reluctantly—and Be it enacted by the Senate and House of Rep- Sec. 503. Judicial cost-of-living adjustments. with the leadership and expertise of the resentatives of the United States of America in TITLE VI—MISCELLANEOUS distinguished Senator from Ohio [Mr. Congress assembled, Sec. 601. Participation in judicial govern- DEWINE], this essential legislation was SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance activities by district, sen- passed. Representative SUE MYRICK’S (a) SHORT TITLE.—This Act may be cited as ior, and magistrate judges. guidance in the House of Representa- the ‘‘Federal Courts Improvement Act of Sec. 602. The Director and Deputy Director tives also has been indispensable. 1996’’. of the administrative office as (b) TABLE OF CONTENTS.—The table of con- officers of the United States. Mr. President, this bill is a necessary tents of this Act is as follows: Sec. 603. Removal of action from State and appropriate response to the Su- Sec. 1. Short title; table of contents. court. preme Court’s judicial limitation of Sec. 604. Federal judicial center employee the mandatory penalty for gun-toting TITLE I—CRIMINAL LAW AND CRIMINAL retirement provisions. JUSTICE AMENDMENTS criminals. According to Sentencing Sec. 605. Abolition of the special court, Re- Commission statistics, more than 9,000 Sec. 101. New authority for probation and gional Rail Reorganization Act pretrial services officers. of 1973. armed violent felons were convicted Sec. 102. Tort Claims Act amendments relat- Sec. 606. Place of holding court in the Dis- from April, 1991, through October, 1995. ing to liability of Federal pub- trict Court of Utah. In North Carolina alone, this statute lic defenders. Sec. 607. Exception of residency requirement was used to help imprison over 800 vio- TITLE II—JUDICIAL PROCESS for district judges appointed to lent criminals. We must strengthen law IMPROVEMENTS the Southern District and East- ern District of New York. enforcement’s ability to use this strong Sec. 201. Duties of magistrate judge on anti-crime provision. Sec. 608. Extension of civil justice expense emergency assignment. and delay reduction reports on Fighting crime is, and must be, a top Sec. 202. Consent to trial in certain criminal pilot and demonstration pro- concern in America. It has been esti- actions. grams. mated that one violent crime is com- Sec. 203. Venue in civil actions. Sec. 609. Extension of arbitration. mitted every 16 seconds in the United Sec. 204. Registration of judgments for en- Sec. 610. State Justice Institute. forcement in other districts. TITLE I—CRIMINAL LAW AND CRIMINAL States. We must fight back with the Sec. 205. Vacancy in clerk position; absence JUSTICE AMENDMENTS most severe punishment possible for of clerk. those who terrorize law-abiding citi- Sec. 206. Diversity jurisdiction. SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES OFFICERS. zens. Enactment of this legislation re- Sec. 207. Bankruptcy Administrator Pro- (a) PROBATION OFFICERS.—Section 3603 of gram. moves one of the roadblocks between a title 18, United States Code, is amended— Sec. 208. Removal of cases against the Unit- savage criminal act and swift, certain (1) by striking out ‘‘and’’ at the end of ed States and Federal officers punishment. It is a necessary step to- paragraph (8)(B); or agencies. ward recommitting our Government (2) by redesignating paragraph (9) as para- Sec. 209. Appeal route in civil cases decided graph (10); and and our citizens to a real honest-to- by magistrate judges with con- (3) by inserting after paragraph (8) the fol- God war on crime. sent. lowing new paragraph: Sec. 210. Reports by judicial councils relat- Mr. LOTT. Mr. President, I ask unan- ‘‘(9) if approved by the district court, be ing to misconduct and disabil- imous consent the amendment be authorized to carry firearms under such ity orders. agreed to, the bill be deemed read a rules and regulations as the Director of the Sec. 211. Protective orders; sealing of cases; dis- third time and passed, as amended, the Administrative Office of the United States closure of information. motion to reconsider be laid upon the Courts may prescribe; and’’. table, and any statements relating to TITLE III—JUDICIARY PERSONNEL AD- (b) PRETRIAL SERVICES OFFICERS.—Section MINISTRATION, BENEFITS, AND PRO- the bill appear at the appropriate place 3154 of title 18, United States Code, is amend- TECTIONS ed— in the RECORD. Sec. 301. Senior judge certification. (1) by redesignating paragraph (13) as para- The PRESIDING OFFICER. Without Sec. 302. Refund of contribution for deceased graph (14); and objection, it is so ordered. deferred annuitant under the (2) by inserting after paragraph (12) the fol- The amendment (No. 5429) was agreed Judicial Survivors’ Annuities lowing new paragraph: to. System. ‘‘(13) If approved by the district court, be Sec. 303. Judicial administrative officials re- authorized to carry firearms under such The bill (H.R. 4137), as amended, was tirement matters. rules and regulations as the Director of the deemed read for a third time and Sec. 304. Bankruptcy judges reappointment Administrative Office of the United States passed. procedure. Courts may prescribe.’’. S12380 CONGRESSIONAL RECORD — SENATE October 3, 1996

SEC. 102. TORT CLAIMS ACT AMENDMENTS RE- (A) by striking out ‘‘district court’’ and in- (c) SERVICE AS TRUSTEE.—A bankruptcy ad- LATING TO LIABILITY OF FEDERAL serting in lieu thereof ‘‘court of appeals, dis- ministrator may serve as and perform the PUBLIC DEFENDERS. trict court, bankruptcy court,’’; and duties of a trustee in a case under chapter 7 Section 2680 of title 28, United States Code, (B) by striking out ‘‘such judgment’’ and of title 11, United States Code, if none of the is amended by adding at the end thereof the inserting in lieu thereof ‘‘the judgment’’; and members of the panel of private trustees is following new subsection: (3) by adding at the end thereof the follow- disinterested and willing to serve as trustee ‘‘(o) Any claim for money damages for in- ing new undesignated paragraph: in the case. A bankruptcy administrator jury, loss of liberty, loss of property, or per- ‘‘The procedure prescribed under this sec- may serve as and perform the duties of a sonal injury or death arising from mal- tion is in addition to other procedures pro- trustee or standing trustee in cases under practice or negligence of an officer or em- vided by law for the enforcement of judg- chapter 12 or chapter 13 of title 11, United ployee of a Federal Public Defender Organi- ments.’’. States Code, if necessary. zation in furnishing representational serv- (b) TECHNICAL AND CONFORMING AMEND- (d) APPOINTMENT OF COMMITTEES.—Until ices under section 3006A of title 18.’’. MENT.—The table of sections for chapter 125 the amendments made by subtitle A of title TITLE II—JUDICIAL PROCESS of title 28, United States Code, relating to II of the Bankruptcy Judges, United States IMPROVEMENTS section 1963 is amended to read as follows: Trustees, and Family Farmer Bankruptcy SEC. 201. DUTIES OF MAGISTRATE JUDGE ON ‘‘1963. Registration of judgments for enforce- Act of 1986 become effective in a judicial dis- EMERGENCY ASSIGNMENT. ment in other districts.’’. trict and apply to a case, the bankruptcy administrator appointed to serve in the district The first sentence of section 636(f) of title SEC. 205. VACANCY IN CLERK POSITION; AB- 28, United States Code, is amended by strik- SENCE OF CLERK. shall appoint the committees of creditors ing out ‘‘(a) or (b)’’ and inserting in lieu (a) IN GENERAL.—Section 954 of title 28, and equity security holders provided in sec- thereof ‘‘(a), (b), or (c)’’. United States Code, is amended to read as tion 1102 of title 11, United States Code. The SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMI- follows: bankruptcy administrator shall appoint the NAL ACTIONS. committees notwithstanding the references ‘‘§ 954. Vacancy in clerk position; absence of in those sections of title 11, United States (a) AMENDMENTS TO TITLE 18.—(1) Section clerk 3401(b) of title 18, United States Code, is Code, to appointments by the court. amended— ‘‘When the office of clerk is vacant, the SEC. 208. REMOVAL OF CASES AGAINST THE (A) by inserting ‘‘, other than a petty of- deputy clerks shall perform the duties of the UNITED STATES AND FEDERAL OFFI- fense,’’ in the first sentence after ‘‘mis- clerk in the name of the last person who held CERS OR AGENCIES. demeanor’’; and that office. When the clerk is incapacitated, (a) IN GENERAL.—Section 1442 of title 28, (B) by striking out the third sentence and absent, or otherwise unavailable to perform United States Code, is amended— inserting in lieu thereof the following: ‘‘The official duties, the deputy clerks shall per- (1) in the section heading by inserting ‘‘or magistrate judge may not proceed to try the form the duties of the clerk in the name of agencies’’ after ‘‘officers’’; and case unless the defendant, after such expla- the clerk. The court may designate a deputy (2) in subsection (a)— nation, expressly consents to be tried before clerk to act temporarily as clerk of the court (A) in the matter preceding paragraph (1) the magistrate judge and expressly and spe- in his or her own name.’’. by striking out ‘‘persons’’; and cifically waives trial, judgment, and sentenc- (b) TECHNICAL AND CONFORMING AMEND- (B) in paragraph (1) by striking out ‘‘Any ing by a district judge. Any such consent and MENT.—The table of sections for chapter 57 of officer of the United States or any agency waiver shall be made in writing or orally on title 28, United States Code, relating to sec- thereof, or person acting under him, for any the record.’’. tion 954 is amended to read as follows: act under color of such office’’ and inserting (2) Section 3401(g) of title 18, United States ‘‘954. Vacancy in clerk position; absence of in lieu thereof ‘‘The United States or any Code, is amended by striking out the first clerk.’’. agency thereof or any officer (or any person sentence and inserting in lieu thereof the fol- SEC. 206. DIVERSITY JURISDICTION. acting under that officer) of the United States or of any agency thereof, sued in an lowing: ‘‘The magistrate judge may, in a (a) IN GENERAL.—Section 1332 of title 28, petty offense case involving a juvenile, exer- United States Code, is amended— official or individual capacity for any act cise all powers granted to the district court (1) in subsection (a) by striking out under color of such office’’. (b) TECHNICAL AND CONFORMING AMEND- under chapter 403 of this title.’’. ‘‘$50,000’’ and inserting in lieu thereof MENT.—The table of sections for chapter 89 of (b) AMENDMENTS TO TITLE 28.—Section ‘‘$75,000’’; and title 28, United States Code, is amended by 636(a) of title 28, United States Code, is (2) in subsection (b) by striking out amending the item relating to section 1442 to amended— ‘‘$50,000’’ and inserting in lieu thereof read as follows: (1) by striking out ‘‘, and’’ at the end of ‘‘$75,000’’. paragraph (3) and inserting in lieu thereof a (b) EFFECTIVE DATE.—The amendment ‘‘1442. Federal officers and agencies sued or semicolon; made by this section shall take effect 90 days prosecuted.’’. (2) by redesignating paragraph (4) as para- after the date of enactment of this Act. SEC. 209. APPEAL ROUTE IN CIVIL CASES DE- CIDED BY MAGISTRATE JUDGES graph (5) and by striking out ‘‘or infraction’’ SEC. 207. BANKRUPTCY ADMINISTRATOR PRO- WITH CONSENT. in such paragraph and inserting in lieu GRAM. Section 636 of title 28, United States Code, thereof ‘‘, other than a petty offense,’’; and (a) APPOINTMENT OF TRUSTEES.—Until the is amended— (3) by inserting after paragraph (3) the fol- amendments made by subtitle A of title II of (1) in subsection (c)— lowing new paragraph: the Bankruptcy Judges, United States Trust- (A) in paragraph (3) by striking out ‘‘In ‘‘(4) the power to enter a sentence for a ees, and Family Farmer Bankruptcy Act of this circumstance, the’’ and inserting in lieu petty offense; and’’. 1986 (28 U.S.C. 581 note; Public Law 99–554; 100 thereof ‘‘The’’; SEC. 203. VENUE IN CIVIL ACTIONS. Stat. 3097) become effective in a judicial dis- (B) by striking out paragraphs (4) and (5); (a) IN GENERAL.—Section 1392 of title 28, trict and apply to a case, a bankruptcy ad- and United States Code, is amended— ministrator appointed to serve in the district (C) by redesignating paragraphs (6) and (7) (1) by amending the section heading to pursuant to section 302(d)(3)(I) of such Act, as paragraphs (4) and (5); and read as follows: as amended by section 317(a) of the Federal (2) in subsection (d) by striking out ‘‘, and Courts Study Committee Implementation ‘‘§ 1392. Property in different districts in for the taking and hearing of appeals to the Act of 1990 (Public Law 101–650; 104 Stat. same State’’; district courts,’’. (2) by striking out subsection (a); and 5115), shall appoint the trustees, examiners, and standing trustees notwithstanding the SEC. 210. REPORTS BY JUDICIAL COUNCILS RE- (3) in subsection (b) by striking out ‘‘(b)’’. LATING TO MISCONDUCT AND DIS- references in those sections of title 11, Unit- (b) TECHNICAL AND CONFORMING AMEND- ABILITY ORDERS. ed States Code, to appointments by the MENT.—The table of sections for chapter 87 of Section 332 of title 28, United States Code, title 28, United States Code, is amended by court. is amended by adding at the end thereof the amending the item relating to section 1392 to (b) STANDING TRUSTEES.—A bankruptcy ad- following new subsection: read as follows: ministrator who has appointed a standing ‘‘(g) No later than January 31 of each year, trustee pursuant to subsection (a) of this each judicial council shall submit a report to ‘‘1392. Property in different districts in same section shall fix the standing trustee’s maxi- State.’’. the Administrative Office of the United mum annual compensation and percentage States Courts on the number and nature of SEC. 204. REGISTRATION OF JUDGMENTS FOR fee, subject to the limitations set out in sec- orders entered under this section during the ENFORCEMENT IN OTHER DIS- tions 1202 and 1302 of title 11, United States TRICTS. preceding calendar year that relate to judi- Code, as amended by section 110 of the Fed- (a) IN GENERAL.—Section 1963 of title 28, cial misconduct or disability.’’. eral Employee Pay Comparability Act of 1990 United States Code, is amended— SEC. 211. PROTECTIVE ORDERS; SEALING OF (Public Law 101–509; 104 Stat. 1427, 1452). The (1) by amending the section heading to CASES; DISCLOSURE OF INFORMA- bankruptcy administrator shall fix the maxi- read as follows: TION. mum annual compensation and percentage (a) SHORT TITLE.—This section may be cited ‘‘§ 1963. Registration of judgments for en- fee notwithstanding the references in those as the ‘‘Sunshine in Litigation Act of 1996’’. forcement in other districts’’; sections of title 11, United States Code, to (b) PROTECTIVE ORDERS AND SEALING OF (2) in the first sentence— the court’s fixing them. CASES AND SETTLEMENTS RELATING TO PUBLIC October 3, 1996 CONGRESSIONAL RECORD — SENATE S12381

HEALTH OR SAFETY.—Chapter 111 of title 28, forms work described under this subpara- ‘‘(3) When filling vacancies, the court of United States Code, is amended by adding at the graph for less than the full year, one-half of appeals may consider reappointing incum- end thereof the following new section: such work may be aggregated with work de- bent bankruptcy judges under procedures ‘‘§ 1659. Protective orders and sealing of cases scribed under subparagraph (A), (B), or (C) of prescribed by regulations issued by the Judi- and settlements relating to public health or this paragraph for the purpose of the justice cial Conference of the United States.’’; and safety or judge satisfying the requirements of such (2) in subsection (b) by adding at the end subparagraph.’’. thereof the following: ‘‘All incumbent nomi- ‘‘(a)(1) A court shall enter an order under rule nees seeking reappointment thereafter may 26(c) of the Federal Rules of Civil Procedure re- SEC. 302. REFUND OF CONTRIBUTION FOR DE- CEASED DEFERRED ANNUITANT be considered for such a reappointment, pur- stricting the disclosure of information obtained UNDER THE JUDICIAL SURVIVORS’ suant to a majority vote of the judges of the through discovery or an order restricting access ANNUITIES SYSTEM. appointing court of appeals, under proce- to court records in a civil case only after making Section 376(o)(1) of title 28, United States dures authorized under subsection (a)(3).’’. particularized findings of fact that— Code, is amended by striking out ‘‘or while SEC. 305. CARRYING OF FIREARMS. ‘‘(A) such order would not restrict the disclo- receiving ‘retirement salary’,’’ and inserting (a) IN GENERAL.—Chapter 21 of title 28, sure of information which is relevant to the pro- in lieu thereof ‘‘while receiving retirement United States Code, is amended by adding at tection of public health or safety; or salary, or after filing an election and other- the end thereof the following new section: ‘‘(B)(i) the public interest in disclosure of po- wise complying with the conditions under tential health or safety hazards is clearly out- subsection (b)(2) of this section,’’. ‘‘§ 464. Carrying of firearms by judicial offi- weighed by a specific and substantial interest in SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS cers maintaining the confidentiality of the informa- RETIREMENT MATTERS. ‘‘(a) A judicial officer of the United States tion or records in question; and (a) DIRECTOR OF THE ADMINISTRATIVE OF- is authorized to carry firearms, whether con- ‘‘(ii) the requested protective order is no FICE OF THE UNITED STATES COURTS.—(1) Sec- cealed or not, under regulations promulgated broader than necessary to protect the privacy tion 611(b) of title 28, United States Code, is by the Judicial Conference of the United interest asserted. amended— States. ‘‘(2) No order entered in accordance with the (A) in the first undesignated paragraph by ø‘‘(b) A judicial officer of the United States provisions of paragraph (1) shall continue in ef- striking out ‘‘who has served at least fifteen is immune from civil liability when possess- fect after the entry of final judgment, unless at years and’’ and inserting in lieu thereof ing or using a firearm, for the purpose of self or after such entry the court makes a separate ‘‘who has at least 15 years of service and defense, under the authority of this section particularized finding of fact that the require- has’’; and and in accordance with Judicial Conference ments of paragraph (1) (A) or (B) have been (B) in the second undesignated paragraph regulation. met. by striking out ‘‘who has served at least ten ø‘‘(c) For purposes of this section, the term ‘‘(b) The party who is the proponent for the years,’’ and inserting in lieu thereof ‘‘who ‘judicial officer of the United States’ entry of an order, as provided under this sec- has at least 10 years of service,’’. means— tion, shall have the burden of proof in obtaining (2) Section 611(c) of title 28, United States ø‘‘(1) a justice or judge of the United such an order. Code, is amended— States as defined in section 451 of this title; ‘‘(c)(1) No agreement between or among par- (A) by striking out ‘‘served at least fifteen ø‘‘(2) a United States bankruptcy judge; ties in a civil action filed in a court of the Unit- years,’’ and inserting in lieu thereof ‘‘at ø‘‘(3) a full-time or part-time United States ed States may contain a provision that prohibits least 15 years of service,’’; and magistrate judge; or otherwise restricts a party from disclosing (B) by striking out ‘‘served less than fif- ø‘‘(4) a judge of the United States Court of any information relevant to such civil action to teen years,’’ and inserting in lieu thereof Federal Claims; any Federal or State agency with authority to ‘‘less than 15 years of service,’’. ø‘‘(5) a judge of the United States District enforce laws regulating an activity relating to (3) Section 611(d) of title 28, United States Court of Guam; such information. Code, is amended by inserting ‘‘a congres- ø‘‘(6) a judge of the United States District ‘‘(2) Any disclosure of information to a Fed- sional employee in the capacity of primary Court for the Northern Mariana Islands; eral or State agency as described under para- administrative assistant to a Member of ø‘‘(7) a judge of the United States District graph (1) shall be confidential to the extent pro- Congress or in the capacity of staff director Court of the Virgin Islands; or vided by law.’’. or chief counsel for the majority or the mi- ø‘‘(8) an individual who is receiving a re- (c) TECHNICAL AND CONFORMING AMEND- nority of a committee or subcommittee of tirement annuity based on service in any of MENT.—The table of sections for chapter 111 of the Senate or House of Representatives,’’ the judicial positions described under para- title 28, United States Code, is amended by add- after ‘‘Congress,’’. graphs (1) through (7).’’.¿ ing after the item relating to section 1658 the fol- (b) EMPLOYEES OF THE ADMINISTRATIVE OF- ‘‘(b)(1) The regulations promulgated by the lowing: FICE OF THE UNITED STATES COURTS.—(1) Sec- Judicial Conference under subsection (a) shall— ‘‘1659. Protective orders and sealing of cases and tion 627(c) of title 28, United States Code, is ‘‘(A) require a demonstration of a judicial of- settlements relating to public amended— ficer’s proficiency in the use and safety of fire- health or safety.’’. (A) in the first undesignated paragraph by arms as a prerequisite to the carrying of fire- (d) EFFECTIVE DATE.—The amendments made striking out ‘‘who has served at least fifteen arms under the authority of this section; and by this section shall take effect 30 days after the years and’’ and inserting in lieu thereof ‘‘(B) make appropriate provisions for the car- date of the enactment of this Act and shall ‘‘who has at least 15 years of service and rying of firearms by judicial officers who are apply only to orders entered in civil actions or has’’; and under the protection of United States Marshals agreements entered into on or after such date. (B) in the second undesignated paragraph while away from United States courthouses. by striking out ‘‘who has served at least ten ‘‘(2) On the request of the Judicial Con- TITLE III—JUDICIARY PERSONNEL AD- years,’’ and inserting in lieu thereof ‘‘who ference, the Department of Justice (including MINISTRATION, BENEFITS, AND PRO- has at least 10 years of service,’’. each agency of the Department) shall cooperate TECTIONS (2) Section 627(d) of title 28, United States with the Judicial Conference in providing fire- SEC. 301. SENIOR JUDGE CERTIFICATION. Code, is amended— arms training and other services to assist judi- (a) RETROACTIVE CREDIT FOR RESUMPTION (A) by striking out ‘‘served at least fifteen cial officers in securing such proficiency. OF SIGNIFICANT WORKLOAD.—Section 371(f)(3) years,’’ and inserting in lieu thereof ‘‘at ‘‘(c) For purposes of this section, the term ‘ju- of title 28, United States Code, is amended by least 15 years of service,’’; and dicial officer of the United States’ means— striking out ‘‘is thereafter ineligible to re- (B) by striking out ‘‘served less than fif- ‘‘(1) a justice or judge of the United States as ceive such a certification.’’ and inserting in teen years,’’ and inserting in lieu thereof defined in section 451 of this title in regular ac- lieu thereof ‘‘may thereafter receive a cer- ‘‘less than 15 years of service,’’. tive or retired from regular active service; tification for that year by satisfying the re- (3) Section 627(e) of title 28, United States ‘‘(2) a justice or judge of the United States quirements of subparagraph (A), (B), (C), or Code, is amended by inserting ‘‘a congres- who has retired from the judicial office under (D) of paragraph (1) of this subsection in a sional employee in the capacity of primary section 371(a) of this title for— subsequent year and attributing a sufficient administrative assistant to a Member of ‘‘(A) a 1-year period following such justice’s part of the work performed in such subse- Congress or in the capacity of staff director or judge’s retirement; or quent year to the earlier year so that the or chief counsel for the majority or the mi- ‘‘(B) a longer period of time if approved by the work so attributed, when added to the work nority of a committee or subcommittee of Judicial Conference of the United States when performed during such earlier year, satisfies the Senate or House of Representatives,’’ exceptional circumstances warrant; the requirements for certification for that after ‘‘Congress,’’. ‘‘(3) a United States bankruptcy judge; year. However, a justice or judge may not re- SEC. 304. BANKRUPTCY JUDGES REAPPOINT- ‘‘(4) a full-time or part-time United States ceive credit for the same work for purposes MENT PROCEDURE. magistrate judge; of certification for more than 1 year.’’. Section 120 of the Bankruptcy Amend- ‘‘(5) a judge of the United States Court of (b) AGGREGATION OF CERTAIN WORK FOR ments and Federal Judgeship Act of 1984 Federal Claims; PARTIAL YEARS.—Section 371(f)(1) of title 28, (Public Law 98–353; 98 Stat. 344), is amend- ‘‘(6) a judge of the United States District United States Code, is amended by adding at ed— Court of Guam; the end of subparagraph (D) the following: (1) in subsection (a) by adding at the end ‘‘(7) a judge of the United States District ‘‘In any year in which a justice or judge per- thereof the following new paragraph: Court for the Northern Mariana Islands; S12382 CONGRESSIONAL RECORD — SENATE October 3, 1996 ‘‘(8) a judge of the United States District thereby to consent and agree to having de- tions that are similar in scope or nature. Court of the Virgin Islands; or ducted and withheld from his or her salary a Notwithstanding section 3302(b) of title 31, ‘‘(9) an individual who is retired from one of sum equal to 2.2 percent of that salary, and the Director is authorized to provide in any the judicial positions described under para- a sum equal to 3.5 percent of his or her re- contract or agreement for the development graphs (3) through (8) to the extent provided for tirement salary. The deduction from any re- or administration of examinations and the in regulations of the Judicial Conference of the tirement salary— collection of fees that the contractor may re- United States. ‘‘(A) of a justice or judge of the United tain all or a portion of the fees in payment ‘‘(d) Notwithstanding section 46303(c)(1) of States retired from regular active service for the services. Notwithstanding paragraph title 49, nothing in this section authorizes a ju- under section 371(b) or section 372(a) of this (6) of this subsection, all fees collected after dicial officer of the United States to carry a title, the effective date of this paragraph and not dangerous weapon on an aircraft or other com- ‘‘(B) of a judge of the United States Court retained by a contractor shall be deposited mon carrier.’’ of Federal Claims retired under section 178 of in the fund established under section 1931 of (b) TECHNICAL AND CONFORMING AMEND- this title, or this title and shall remain available until ex- MENT.—The table of sections for chapter 21 of ‘‘(C) of a judicial official on recall under pended.’’. title 28, United States Code, is amended by section 155(b), 373(c)(4), 375, or 636(h) of this (b) PAYMENT FOR CONTRACTUAL SERVICES.— adding at the end thereof the following: title, Notwithstanding sections 3302(b), 1341, and ‘‘464. Carrying of firearms by judicial offi- shall be an amount equal to 2.2 percent of re- 1517 of title 31, United States Code, the Di- cers.’’. tirement salary.’’. rector of the Administrative Office of the (c) EFFECTIVE DATE.—The amendments SEC. 311. PROHIBITION AGAINST AWARDS OF United States Courts may include in any made by this section shall take effect 1 year COSTS, INCLUDING ATTORNEY’S contract for the development or administra- after the date of the enactment of this Act. FEES, AND INJUNCTIVE RELIEF tion of examinations for interpreters (includ- AGAINST A JUDICIAL OFFICER. SEC. 306. TECHNICAL CORRECTION RELATED TO ing such a contract entered into before the COMMENCEMENT DATE OF TEM- (a) NONLIABILITY FOR COSTS.—Notwithstand- date of the enactment of this Act) a provi- PORARY JUDGESHIPS. ing any other provision of law, no judicial offi- sion which permits the contractor to collect Section 203(c) of the Judicial Improve- cer shall be held liable for any costs, including and retain fees in payment for contractual ments Act of 1990 (Public Law 101–650; 104 attorney’s fees, in any action brought against services in accordance with section 1827(g)(5) Stat. 5101; 28 U.S.C. 133 note) is amended by such officer for an act or omission taken in such of title 28, United States Code. adding at the end thereof the following: ‘‘For officer’s judicial capacity, unless such action SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT districts named in this subsection for which was clearly in excess of such officer’s jurisdic- LITIGATION. tion. multiple judgeships are created by this Act, (a) IN GENERAL.—(1) Chapter 123 of title 28, the last of those judgeships filled shall be the (b) PROCEEDINGS IN VINDICATION OF CIVIL United States Code, is amended by adding judgeship created under this subsection.’’. RIGHTS.—Section 722(b) of the Revised Statutes after section 1931 the following new section: (42 U.S.C. 1988(b)) is amended by inserting be- SEC. 307. FULL-TIME STATUS OF COURT REPORT- ‘‘§ 1932. Judicial Panel on Multidistrict Litiga- ERS. fore the period at the end thereof ‘‘, except that tion Section 753(e) of title 28, United States in any action brought against a judicial officer Code, is amended by inserting after the first for an act or omission taken in such officer’s ju- ‘‘The Judicial Conference of the United sentence the following: ‘‘For the purposes of dicial capacity such officer shall not be held lia- States shall prescribe from time to time the subchapter III of chapter 83 of title 5 and ble for any costs, including attorney’s fees, un- fees and costs to be charged and collected by chapter 84 of such title, a reporter shall be less such action was clearly in excess of such of- the Judicial Panel on Multidistrict Litiga- considered a full-time employee during any ficer’s jurisdiction’’. tion.’’. pay period for which a reporter receives a (c) CIVIL ACTION FOR DEPRIVATION OF (2) The table of sections for chapter 123 of salary at the annual salary rate fixed for a RIGHTS.—Section 1979 of the Revised Statutes title 28, United States Code, is amended by full-time reporter under the preceding sen- (42 U.S.C. 1983) is amended by inserting before adding after the item relating to section 1931 tence.’’. the period at the end of the first sentence: ‘‘, ex- the following: cept that in any action brought against a judi- SEC. 308. COURT INTERPRETERS. ‘‘1932. Judicial Panel on Multidistrict Litiga- cial officer for an act or omission taken in such tion.’’. Section 1827 of title 28, United States Code, officer’s judicial capacity, injunctive relief shall is amended by adding at the end thereof the not be granted unless a declaratory decree was (b) RELATED FEES FOR ACCESS TO INFORMA- following new subsection: violated or declaratory relief was unavailable’’. TION.—Section 303(a) of the Judiciary Appro- ‘‘(l) Notwithstanding any other provision priations Act, 1992 (Public Law 102–140; 105 of this section or section 1828, the presiding TITLE IV—JUDICIAL FINANCIAL ADMINISTRATION Stat. 810; 28 U.S.C. 1913 note) is amended in judicial officer may appoint a certified or the first sentence by striking out ‘‘1926, and otherwise qualified sign language interpreter SEC. 401. INCREASE IN CIVIL ACTION FILING FEE. 1930’’ and inserting in lieu thereof ‘‘1926, 1930, to provide services to a party, witness, or (a) FILING FEE INCREASE.—Section 1914(a) and 1932’’. other participant in a judicial proceeding, of title 28, United States Code, is amended by whether or not the proceeding is instituted striking out ‘‘$120’’ and inserting in lieu SEC. 404. DISPOSITION OF FEES. by the United States, if the presiding judi- thereof ‘‘$150’’. (a) DISPOSITION OF ATTORNEY ADMISSION cial officer determines, on such officer’s own (b) DISPOSITION OF INCREASE.—Section 1931 FEES.—For each fee collected for admission motion or on the motion of a party or other of title 28, United States Code, is amended— of an attorney to practice, as prescribed by participant in the proceeding, that such indi- (1) in subsection (a) by striking out ‘‘$60’’ the Judicial Conference of the United States vidual suffers from a hearing impairment. and inserting in lieu thereof ‘‘$90’’; and pursuant to section 1914 of title 28, United The presiding judicial officer shall, subject (2) in subsection (b)— States Code, $30 of that portion of the fee ex- to the availability of appropriated funds, ap- (A) by striking out ‘‘$120’’ and inserting in ceeding $20 shall be deposited into the spe- prove the compensation and expenses pay- lieu thereof ‘‘$150’’; and cial fund of the Treasury established under able to sign language interpreters appointed (B) by striking out ‘‘$60’’ and inserting in section 1931 of title 28, United States Code. under this section in accordance with the lieu thereof ‘‘$90’’. Any portion exceeding $5 of the fee for a du- schedule of fees prescribed by the Director (c) EFFECTIVE DATE.—This section shall plicate certificate of admission or certificate under subsection (b)(3) of this section.’’. take effect 60 days after the date of the en- of good standing, as prescribed by the Judi- cial Conference of the United States pursu- SEC. 309. TECHNICAL AMENDMENT RELATED TO actment of this Act. COMMENCEMENT DATE OF TEM- SEC. 402. INTERPRETER PERFORMANCE EXAM- ant to section 1914 of title 28, United States PORARY BANKRUPTCY JUDGESHIPS. INATION FEES. Code, shall be deposited into the special fund Section 3(b) of the Bankruptcy Judgeship (a) IN GENERAL.—Section 1827(g) of title 28, of the Treasury established under section Act of 1992 (Public Law 102–361; 106 Stat. 965; United States Code, is amended by redesig- 1931 of title 28, United States Code. 28 U.S.C. 152 note) is amended in the first nating paragraph (5) as paragraph (6) and in- (b) DISPOSITION OF BANKRUPTCY COMPLAINT sentence by striking out ‘‘date of the enact- serting after paragraph (4) the following new FILING FEES.—For each fee collected for fil- ment of this Act’’ and inserting in lieu there- paragraph: ing an adversary complaint in a bankruptcy of ‘‘appointment date of the judge named to ‘‘(5) If the Director of the Administrative proceeding, as established in Item 6 of the fill the temporary judgeship position’’. Office of the United States Courts finds it Bankruptcy Court Miscellaneous Fee Sched- SEC. 310. CONTRIBUTION RATE FOR SENIOR necessary to develop and administer cri- ule prescribed by the Judicial Conference of JUDGES UNDER THE JUDICIAL SUR- terion-referenced performance examinations the United States pursuant to section 1930(b) VIVORS’ ANNUITIES SYSTEM. for purposes of certification, or other exami- of title 28, United States Code, the portion of Section 376(b)(1) of title 28, United States nations for the selection of otherwise quali- the fee exceeding $120 shall be deposited into Code, is amended to read as follows: fied interpreters, the Director may prescribe the special fund of the Treasury established ‘‘(b)(1) Every judicial official who files a for each examination a uniform fee for appli- under section 1931 of title 28, United States written notification of his or her intention cants to take such examination. In deter- Code. to come within the purview of this section, mining the rate of the fee for each examina- (c) EFFECTIVE DATE.—This section shall in accordance with paragraph (1) of sub- tion, the Director shall consider the fees take effect 60 days after the date of the en- section (a) of this section, shall be deemed charged by other organizations for examina- actment of this Act. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12383 TITLE V—FEDERAL COURTS STUDY chief judge of the court shall be such other (1) in subsection (a) by striking out para- COMMITTEE RECOMMENDATIONS judge of the court who is qualified to serve graph (2) and inserting in lieu thereof the SEC. 501. PARTIES’ CONSENT TO BANKRUPTCY or act as chief judge under subsection (a). following: JUDGE’S FINDINGS AND CONCLU- ‘‘(d) If a chief judge is temporarily unable ‘‘(2) two circuit judges, three district SIONS OF LAW. to perform the duties as such, such duties judges, one bankruptcy judge, and one mag- Section 157(c)(1) of title 28, United States shall be performed by the judge of the court istrate judge, elected by vote of the members Code, is amended to read as follows: in active service, able and qualified to act, of the Judicial Conference of the United ‘‘(c)(1) A bankruptcy judge may hear a pro- who is next in precedence.’’. States, except that any circuit or district ceeding that is not a core proceeding but (b) TECHNICAL AND CONFORMING AMEND- judge so elected may be either a judge in reg- that is otherwise related to a case under MENTS.—Chapter 11 of title 28, United States ular active service or a judge retired from title 11. In such proceeding, the bankruptcy Code, is amended— regular active service under section 371(b) of judge shall submit proposed findings of fact (1) in section 251 by striking out subsection this title but shall not be a member of the and conclusions of law to the district court, (b) and redesignating subsection (c) as sub- Judicial Conference of the United States; and any final order or judgment shall be en- section (b); and’’; and tered by the district judge after considering (2) in section 253— (2) in subsection (b) by striking out ‘‘re- the bankruptcy judge’s proposed findings and (A) by amending the section heading to tirement,’’ and inserting in lieu thereof ‘‘re- conclusions and after reviewing de novo read as follows: tirement pursuant to section 371(a) or sec- those matters to which any party has timely ‘‘§ 253. Duties of chief judge.’’; tion 372(a) of this title,’’. and specifically objected. A party shall be and SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR deemed to consent to the findings of fact and (B) by striking out subsections (d) and (e); OF THE ADMINISTRATIVE OFFICE AS conclusions of law submitted by a bank- and OFFICERS OF THE UNITED STATES. ruptcy judge unless the party files a timely (3) in the table of sections for chapter 11 of Section 601 of title 28, United States Code, objection. If a timely objection is not filed, title 28, United States Code— is amended by adding at the end thereof the the proposed findings of fact and conclusions (A) by amending the item relating to sec- following: ‘‘The Director and Deputy Direc- of law submitted by the bankruptcy judge tion 253 to read as follows: tor shall be deemed to be officers for purposes of title 5, United States Code.’’. shall become final and the bankruptcy judge ‘‘253. Duties of chief judge.’’; shall enter an appropriate order thereon.’’. SEC. 603. REMOVAL OF ACTION FROM STATE and COURT. SEC. 502. QUALIFICATION OF CHIEF JUDGE OF (B) by adding at the end thereof the follow- COURT OF INTERNATIONAL TRADE. Section 1446(c)(1) of title 28, United States ing: Code, is amended by striking out ‘‘peti- (a) IN GENERAL.—Chapter 11 of title 28, United States Code, is amended by adding at ‘‘258. Chief judges; precedence of judges.’’. tioner’’ and inserting in lieu thereof ‘‘defend- the end thereof the following new section: (c) APPLICATION.—(1) Notwithstanding the ant or defendants’’. provisions of section 258(a) of title 28, United SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE ‘‘§ 258. Chief judges; precedence of judges States Code (as added by subsection (a) of RETIREMENT PROVISIONS. ‘‘(a)(1) The chief judge of the Court of this section), the chief judge of the United Section 627(b) of title 28, United States International Trade shall be the judge of the States Court of International Trade who is Code, is amended— court in regular active service who is senior in office on the day before the date of enact- (1) in the first sentence by inserting ‘‘Dep- in commission of those judges who— ment of this Act shall continue to be such uty Director,’’ before ‘‘the professional ‘‘(A) are 64 years of age or under; chief judge on or after such date until any staff’’; and ‘‘(B) have served for 1 year or more as a one of the following events occurs: (2) in the first sentence by inserting ‘‘chap- judge of the court; and (A) The chief judge is relieved of his duties ter 84 (relating to the Federal Employees’ ‘‘(C) have not served previously as chief under section 258(c) of title 28, United States Retirement System),’’ after ‘‘(relating to judge. Code. civil service retirement),’’. ‘‘(2)(A) In any case in which no judge of the (B) The regular active status of the chief SEC. 605. ABOLITION OF THE SPECIAL COURT, court meets the qualifications under para- judge is terminated. REGIONAL RAIL REORGANIZATION graph (1), the youngest judge in regular ac- (C) The chief judge attains the age of 70 ACT OF 1973. tive service who is 65 years of age or over years. (a) ABOLITION OF THE SPECIAL COURT.—Sec- and who has served as a judge of the court (D) The chief judge has served for a term of tion 209 of the Regional Rail Reorganization for 1 year or more shall act as the chief 7 years as chief judge. Act of 1973 (45 U.S.C. 719) is amended in sub- judge. (2) When the chief judge vacates the posi- section (b)— ‘‘(B) In any case under subparagraph (A) in tion of chief judge under paragraph (1), the (1) by inserting ‘‘(1)’’ before ‘‘Within 30 which there is no judge of the court in regu- position of chief judge of the Court of Inter- days after’’; and lar active service who has served as a judge national Trade shall be filled in accordance (2) by adding at the end thereof the follow- of the court for 1 year or more, the judge of with section 258(a) of title 28, United States ing new paragraph: the court in regular active service who is Code. ‘‘(2) The special court referred to in para- senior in commission and who has not served SEC. 503. JUDICIAL COST-OF-LIVING ADJUST- graph (1) of this subsection is abolished ef- previously as chief judge shall act as the MENTS. fective 90 days after the date of enactment of chief judge. Section 140 of the resolution entitled ‘‘A the Federal Courts Improvement Act of 1996. ‘‘(3)(A) Except as provided under subpara- Joint Resolution making further continuing On such effective date, all jurisdiction and graph (C), the chief judge serving under para- appropriations for the fiscal year 1982, and other functions of the special court shall be graph (1) shall serve for a term of 7 years and for other purposes.’’, approved December 15, assumed by the United States District Court shall serve after expiration of such term 1981 (Public Law 97–92; 95 Stat. 1200; 28 U.S.C. for the District of Columbia. With respect to until another judge is eligible under para- 461 note) is repealed. any proceedings that arise or continue after graph (1) to serve as chief judge. TITLE VI—MISCELLANEOUS the date on which the special court is abol- ‘‘(B) Except as provided under subpara- ished, the references in the following provi- SEC. 601. PARTICIPATION IN JUDICIAL GOVERN- graph (C), a judge of the court acting as chief ANCE ACTIVITIES BY DISTRICT, SEN- sions to the special court established under judge under subparagraph (A) or (B) of para- IOR, AND MAGISTRATE JUDGES. this subsection shall be deemed to refer to graph (2) shall serve until a judge meets the (a) JUDICIAL CONFERENCE OF THE UNITED the United States District Court for the Dis- qualifications under paragraph (1). STATES.—Section 331 of title 28, United trict of Columbia: ‘‘(C) No judge of the court may serve or act States Code, is amended by striking out the ‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and as chief judge of the court after attaining second undesignated paragraph and inserting (g) of this section. the age of 70 years unless no other judge is in lieu thereof the following: ‘‘(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), qualified to serve as chief judge under para- ‘‘The district judge to be summoned from (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), graph (1) or is qualified to act as chief judge each judicial circuit shall be chosen by the 303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), under paragraph (2). circuit and district judges of the circuit and (c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), ‘‘(b) The chief judge shall have precedence shall serve as a member of the Judicial Con- (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), and preside at any session of the court which ference of the United States for a term of not (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 such judge attends. Other judges of the court less than 3 successive years nor more than 5 (a), (b), (c)(4), and 601 (b)(3), (c) of this Act (45 shall have precedence and preside according successive years, as established by majority U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2), to the seniority of their commissions. Judges vote of all circuit and district judges of the 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743 whose commissions bear the same date shall circuit. A district judge serving as a member (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), have precedence according to seniority in of the Judicial Conference may be either a (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c), age. judge in regular active service or a judge re- (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), ‘‘(c) If the chief judge desires to be relieved tired from regular active service under sec- (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 of the duties as chief judge while retaining tion 371(b) of this title.’’. (a), (b), (c)(4), 791 (b)(3), (c)). active status as a judge of the court, the (b) BOARD OF THE FEDERAL JUDICIAL CEN- ‘‘(C) Sections 1152(a) and 1167(b) of the chief judge may so certify to the Chief Jus- TER.—Section 621 of title 28, United States Northeast Rail Service Act of 1981 (45 U.S.C. tice of the United States, and thereafter the Code, is amended— 1105(a), 1115(a)). S12384 CONGRESSIONAL RECORD — SENATE October 3, 1996 ‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (2) the time for filing a petition for writ of (1) by redesignating paragraphs (1) through (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail certiorari has not expired before that date. (5) as paragraphs (2) through (6), respectively; Privatization Act (45 U.S.C. 1323 (2)(A)(iii), (e) EFFECTIVE DATE.—The amendments (2) by inserting before paragraph (2) (as redes- (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)). made by subsections (b) and (c) of this sec- ignated under paragraph (1) of this subsection) ‘‘(E) Section 24907(b) of title 49, United tion shall take effect 90 days after the date the following new paragraph: States Code. of enactment of this Act and, except as pro- ‘‘(1) The Institute shall give highest priority ‘‘(F) Any other Federal law (other than vided in subsection (d), shall apply with re- to awarding grants to and entering into cooper- this subsection and section 605 of the Federal spect to proceedings that arise or continue ative agreements or contracts with State and Courts Improvement Act of 1996), Executive after such effective date. local courts.’’; and order, rule, regulation, delegation of author- SEC. 606. PLACE OF HOLDING COURT IN THE DIS- (3) in paragraph (2) (as redesignated by para- ity, or document of or relating to the special TRICT COURT OF UTAH. graph (1) of this subsection)— court as previously established under para- (a) NORTHERN DIVISION.—Section 125(1) of (A) by striking out subparagraph (A); and graph (1) of this subsection.’’. title 28, United States Code, is amended by (B) by redesignating subparagraphs (B) and (b) APPELLATE REVIEW.—(1) Section 209(e) inserting ‘‘Salt Lake City and’’ before (C) as subparagraphs (A) and (B), respectively. of the Regional Rail Reorganization Act of ‘‘Ogden’’. (e) GEOGRAPHIC DISTRIBUTION OF GRANTS.— 1973 (45 U.S.C. 719) is amended by striking (b) CENTRAL DIVISION.—Section 125(2) of Section 206(b) of the State Justice Institute Act out the paragraph following paragraph (2) title 28, United States Code, is amended by of 1984 (42 U.S.C. 10705(b)) (as amended by sub- and inserting in lieu thereof the following: inserting ‘‘, Provo, and St. George’’ after section (d) of this section) is further amended by ‘‘(3) An order or judgment of the United ‘‘Salt Lake City’’. adding at the end thereof the following new States District Court for the District of Co- SEC. 607. EXCEPTION OF RESIDENCY REQUIRE- paragraph: lumbia in any action referred to in this sec- MENT FOR DISTRICT JUDGES AP- ‘‘(7) In making grants under this title, the In- tion shall be reviewable in accordance with POINTED TO THE SOUTHERN DIS- stitute shall undertake outreach efforts to as- sections 1291, 1292, and 1294 of title 28, United TRICT AND EASTERN DISTRICT OF sure the widest feasible geographical distribu- States Code.’’. NEW YORK. tion of grant funds and benefits resulting from (2) Section 303 of the Regional Rail Reorga- Section 134(b) of title 28, United States grants, consistent with its mission to award nization Act of 1973 (45 U.S.C. 743) is amend- Code, is amended— grants having the greatest likelihood of improved by striking out subsection (d) and insert- (1) by inserting ‘‘the Southern District of ing the quality of justice nationwide.’’. ing in lieu thereof the following: New York, and the Eastern District of New (f) NONSUPPLANTATION.—Section 207(d) of the ‘‘(d) APPEAL.—An order or judgment en- York,’’ after ‘‘the District of Columbia,’’; State Justice Institute Act of 1984 (42 U.S.C. tered by the United States District Court for and 10706(d)) is amended— the District of Columbia pursuant to sub- (2) by inserting at the end the following: (1) in the matter preceding paragraph (1) by section (c) of this section or section 306 shall ‘‘Each district judge of the Southern District inserting ‘‘or noncourt related activities of pri- be reviewable in accordance with sections of New York and the Eastern District of New vate organizations’’ after ‘‘basic court services’’; 1291, 1292, and 1294 of title 28, United States York may reside within 20 miles of the dis- (2) in paragraph (1)— Code.’’. trict to which he or she is appointed.’’. (A) by striking out ‘‘State or local’’ and in- (3) Section 1152 of the Northeast Rail Serv- SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE serting in lieu thereof ‘‘State, local, or private ice Act of 1981 (45 U.S.C. 1105) is amended by AND DELAY REDUCTION REPORTS organizational’’; and striking out subsection (b) and inserting in ON DEMONSTRATION AND PILOT (B) by striking out ‘‘or’’ after the semicolon; lieu thereof the following: PROGRAMS. (3) in paragraph (2) by striking out the period (a) DEMONSTRATION PROGRAM.—Section ‘‘(b) APPEAL.—An order or judgment of the and inserting in lieu thereof a semicolon and United States District Court for the District 104(d) of the Civil Justice Reform Act of 1990 ‘‘or’’; and of Columbia in any action referred to in this (28 U.S.C. 471 note) is amended by striking (4) by adding at the end thereof the following section shall be reviewable in accordance out ‘‘December 31, 1996,’’ and inserting in new paragraph: with sections 1291, 1292, and 1294 of title 28, lieu thereof ‘‘June 30, 1997,’’. ‘‘(3) to support the activities of any national, (b) PILOT PROGRAM.—Section 105(c)(1) of United States Code.’’. State, or local bar association, except for— the Civil Justice Reform Act of 1990 (28 (c) TECHNICAL AND CONFORMING AMEND- ‘‘(A) the training of State court judges or U.S.C. 471 note) is amended by striking out MENTS.—(1) Section 209 of the Regional Rail court personnel, if such training is not provided Reorganization Act of 1973 (45 U.S.C. 719) is ‘‘December 31, 1996,’’ and inserting in lieu by any person or entity other than a bar asso- further amended— thereof ‘‘June 30, 1997,’’. ciation; or (A) in subsection (g) by inserting ‘‘or Court SEC. 609. EXTENSION OF ARBITRATION. ‘‘(B) projects conducted in State courts or di- of Appeals for the District of Columbia Cir- Section 905 of the Judicial Improvements rectly in conjunction with State courts to im- cuit’’ after ‘‘Supreme Court’’; and and Access to Justice Act (28 U.S.C. 651 note) prove the efficiency of such courts.’’. (g) REPORTS TO CONGRESS.—Section 213 of the (B) by striking out subsection (h). is amended in the first sentence by striking (2) Section 305(d)(4) of the Regional Rail out ‘‘1997’’ and inserting in lieu thereof State Justice Institute Act of 1984 (42 U.S.C. Reorganization Act of 1973 (45 U.S.C. 745(d)) ‘‘1998’’. 10712) is amended to read as follows: is amended by striking out ‘‘a judge of the SEC. 610. STATE JUSTICE INSTITUTE. ‘‘REPORTS TO CONGRESS United States district court with respect to (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘SEC. 213. Effective January 1, 1997, the Insti- such proceedings and such powers shall in- tion 215 of the State Justice Institute Act of 1984 tute shall provide semiannual reports to the clude those of’’. (42 U.S.C. 10713) is amended to read as follows: Committees on the Judiciary of the Senate and (3) Section 1135(a)(8) of the Northeast Rail ‘‘AUTHORIZATION OF APPROPRIATIONS the House of Representatives identifying all Service Act of 1981 (45 U.S.C. 1104(8)) is ‘‘SEC. 215. There are authorized to be appro- grants made by the Institute during the preced- amended to read as follows: priated to carry out the purposes of this title ing six months. The report shall include the ‘‘(8) ‘Special court’ means the judicial $12,500,000 for each of fiscal years 1997, 1998, name and address of the grantee, the purpose of panel established under section 209(b)(1) of 1999, and 2000, to remain available until ex- the project, the amount of funding provided, the Regional Rail Reorganization Act of 1973 pended.’’. and the duration of the project.’’. (45 U.S.C. 719(b)(1)) or, with respect to any (b) EXECUTIVE COMMITTEE.—Section 204(j) of AMENDMENT NO. 5430 proceedings that arise or continue after the the State Justice Institute Act of 1984 (42 U.S.C. (Purpose: To make improvements in the panel is abolished pursuant to section 10703(j)) is amended by inserting ‘‘(on such oc- judicial system, and for other purposes) 209(b)(2) of such Act, the United States Dis- casions as it has been delegated the authority to trict Court for the District of Columbia.’’. act for the Board)’’ after ‘‘executive committee’’. Mr. LOTT. There is an amendment at (4) Section 1152 of the Northeast Rail Serv- (c) HOWELL HEFLIN AWARD.—Section 204(k) of the desk offered by Senator HATCH. I ice Act of 1981 (45 U.S.C. 1105) is further the State Justice Act of 1984 (42 U.S.C. 10703(k)) ask for its consideration. amended by striking out subsection (d). is amended— The PRESIDING OFFICER. The (d) PENDING CASES.—Effective 90 days after (1) in paragraph (5) by striking out ‘‘and’’ clerk will report. the date of enactment of this Act, any case after the semicolon; The legislative clerk read as follows: pending in the special court established (2) in paragraph (6) by striking out the period The Senator from Mississippi [Mr. LOTT], under section 209(b) of the Regional Rail Re- and inserting in lieu thereof a semicolon and for Mr. HATCH, proposes an amendment num- organization Act of 1973 (45 U.S.C. 719(b)) ‘‘and’’; and shall be assigned to the United States Dis- (3) by adding at the end thereof the following bered 5430. trict Court for the District of Columbia as new paragraph: The amendment is as follows: though the case had originally been filed in ‘‘(7) present an annual Howell Heflin Award On page 4, line 15, strike through line 25. that court. The amendments made by sub- in recognition of an innovative Institute-sup- On page 5, line 8, strike through line 14 on section (b) of this section shall not apply to ported project that has a high likelihood of sig- page 6 and insert the following: any final order or judgment entered by the nificantly improving the quality of justice in SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMI- special court for which— State courts across the Nation.’’. NAL ACTIONS. (1) a petition for writ of certiorari has been (d) PRIORITY IN MAKING AWARDS.—Section (a) AMENDMENTS TO TITLE 18.—(1) Section filed before the date on which the special 206(b) of the State Justice Institute Act of 1984 3401(b) of title 18, United States Code, is court is abolished; or (42 U.S.C. 10705(b)) is amended— amended— October 3, 1996 CONGRESSIONAL RECORD — SENATE S12385 (A) in the first sentence by inserting ‘‘, Mariana Islands, and the District Court of address the needs of the federal judici- other than a petty offense that is a class B the Virgin Islands, and the term ‘district’ inary. As a result, the bill contains both misdemeanor charging a motor vehicle of- cludes the territorial jurisdiction of each technical and substantive changes in fense, a class C misdemeanor, or an infrac- such court.’’. the law, many of which were carried tion,’’ after ‘‘misdemeanor’’; (b) CURE OR WAIVER OF DEFECTS.—Section (B) in the second sentence by inserting 1406(c) of title 28, United States Code, is over from previous Congresses and/or ‘‘judge’’ after ‘‘magistrate’’ each place it ap- amended to read as follows: originally proposed in S.1101. During pears; ‘‘(c) As used in this section, the term ‘dis- our working sessions on the bill, some (C) by striking out the third sentence and trict court’ includes the District Court of of the provisions in S.1101, such as the inserting in lieu thereof the following: ‘‘The Guam, the District Court for the Northern sections dealing with federal defender magistrate judge may not proceed to try the Mariana Islands, and the District Court of services matters, were determined to the Virgin islands, and the term ‘district’ in- case unless the defendant, after such expla- warrant further inquiry or additional nation, expressly consents to be tried before cludes the territorial jurisdiction of each the magistrate judge and expressly and spe- such court.’’. hearings. Other provisions were cifically waives trial, judgment, and sentenc- (c) APPLICABILITY.—The amendments made dropped to help process the bill more ing by a district judge. Any such consent and by this section apply to cases pending on the smoothly through the House since the waiver shall be made in writing or orally on date of the enactment of this Act and to session is coming to a close in a day or the record.’’; and cases commenced on or after such date. two. Amend the Table of Contents accordingly. (D) by striking out ‘‘judge of the district On the whole, the bill is broad-reach- court’’ each place it appears and inserting in Mr. GRASSLEY. Mr. President, the ing, and contains provisions concerning lieu thereof ‘‘district judge’’. bill before us, S. 1887, entitled ‘‘The (2) Section 3401(g) of title 18, United States judicial process improvements; judici- Federal Courts Improvement Act of ary personnel administration, benefits Code, is amended by striking out the first 1996’’ is sponsored by myself, along sentence and inserting in lieu thereof the fol- and protections; judicial financial ad- lowing: ‘‘The magistrate judge may, in a with Senator HATCH and Senator HEF- ministration; Federal Courts Study petty offense case involving a juvenile, that LIN. A first version of the bill, S.1101, Committee recommendations; and is a class B misdemeanor charging a motor was introduced in August 1995 at the other miscellaneous issues. Almost all vehicle offense, a class C misdemeanor, or an request of the Judicial Conference. of the provisions have been formally infraction, exercise all powers granted to the In October of last year, we held a endorsed by the Judicial Conference, district court under chapter 403 of this title. comprehensive hearing on that bill in the governing body of the Federal The magistrate judge may, in any other the Judiciary Subcommittee on Ad- courts. class B or C misdemeanor case involving a ministrative Oversight and the Courts, juvenile in which consent to trial before a which I chair, at which both judges and Many provisions contained in this magistrate judge has been filed under sub- bill streamline the operation of the section (b), exercise all powers granted to lawyers testified at length on the substance of many of S.1101’s provisions. Federal court system. A good example the district court under chapter 403 of this of our attempt to render the judiciary title.’’. The present bill was crafted after many more efficient is a provision which (b) AMENDMENTS TO TITLE 28.—Section months of detailed discussions and in- 636(a) of title 28, United States Code, is tense collaboration between myself, abolishes a special tribunal with narrow jurisdiction, the Special Court, amended— Senators HATCH and HEFLIN, and the (1) by striking out ‘‘, and’’ at the end of Administrative Office of the United which the Regional Rail Reorganiza- paragraph (3) and inserting in lieu thereof a States Courts. More importantly, we tion Act of 1973, established in the semicolon; and early 1970’s to oversee the reorganiza- (2) by striking out paragraph (4) and in- have worked closely with the other members of the Judiciary Committee tion of insolvent railroads. The work of serting the following: this court is basically concluded, with ‘‘(4) the power to enter a sentence for a to address their concerns and include petty offense that is a class B misdemeanor their suggestions, making this truly a the court’s docket containing 10 large- charging a motor vehicle offense, a class C bi-partisan bill. ly inactive cases. This section transfers misdemeanor, or an infraction; and At the onset, I would like to elabo- the Special Court’s jurisdiction over ‘‘(5) the power to enter a sentence for a rate on the spirit in which this bill was those cases and any future rail reorga- class A misdemeanor, or a class B or C mis- nization proceedings to the U.S. Dis- demeanor not covered by paragraph (4), in a crafted. I am sure my colleagues are well aware, many of my efforts have fo- trict Court for the District of Colum- case in which the parties have consented.’’. bia, where the court’s records and a On page 6, line 15, strike through the mat- cused on saving the federal govern- ter following line 2 on page 7. ment’s sparse resources and making majority of its judges are currently lo- On page 9, line 6, strike through line 2 on the most of taxpayer dollars. As Chair- cated, and makes other technical and page 11. man of the Judiciary Subcommittee conforming changes incidental to the On page 13, line 4, strike through line 7 on with jurisdiction over the courts, I am court’s abolition. The elimination of page 15. this court will produce budgetary and On page 17, line 1, strike through line 3 on also concerned that the federal judicial system be administered in the most ef- administrative economies and, accord- page 19. ing to the Administrative Office of the On page 19, line 22, strike through line 9 on ficient and cost-effective manner pos- page 23. sible, while maintaining a high level of United States Courts, result in an an- On page 31, line 8, strike through line 2 on quality in the administration of jus- nual cost savings of approximately page 32. tice. In fact, I sent out a judicial ques- $175,000. On page 35, line 21, strike through line 2 on tionnaire earlier this year requesting The bill simplifies the appeal route page 36. assistance from individual judges on in civil cases decided by magistrate On page 44, line 20, strike through line 21 judges with consent by confining ap- on page 48. their ideas and views of the needs of On page 48, add after line 21 the following: the federal judiciary. I hope some of peals of judgments in such cases to the court of appeals and eliminating an al- SEC. 611. PLACE OF HOLDING COURT IN THE you have had the opportunity to review SOUTHERN DISTRICT OF NEW YORK. my Subcommittee’s two reports on this ternative route of appeal to the district The last sentence of section 112(b) of title survey, which were released this year. I judge. A single forum of appeal in civil 28, United States Code, is amended to read as found it enlightening to communicate consent cases simplifies court proce- follows: with the individual judges, and hope dures and recognizes the existing prac- ‘‘Court for the Southern District shall be that these lines of candid and construc- tice in most districts. The Judicial held at New York, White Plains, and in the tive communication with the individ- Conference recommended such action Middletown-Wallkill area of Orange County ual judges and the Administrative Of- in the Long Range Plan for the Federal or such nearby location as may be deemed Courts. Also, this section would not appropriate.’’. fice remain open and continue to produce beneficial results in terms of alter the role of magistrate judges as SEC. 612. VENUE FOR TERRITORIAL COURTS. adjuncts to article III courts since dis- (a) CHANGE OF VENUE.—Section 1404(d) of efficiency, cost savings and other im- title 28, United States Code, is amended to provements within the federal judici- trict judges would still control the re- read as follows: ary. ferral of consent cases to magistrate ‘‘(d) As used in this section, the term ‘dis- In drafting the Federal Courts Im- judges. trict court’ includes the District Court of provement bill, we worked closely with We also change the reappointment Guam, the District Court for the Northern the Administrative Office to assess and procedure for incumbent bankruptcy S12386 CONGRESSIONAL RECORD — SENATE October 3, 1996 judges. Rather than requiring the judi- has favorably recommended my court Sec. 403. Judicial panel on multidistrict liti- cial council for a circuit or a merit se- secrecy legislation and that this real gation. lection panel to undergo a lengthy and problem will not vanish. I hope that Sec. 404. Disposition of fees. time-consuming screening process, this the Judicial Conference might finally TITLE V—FEDERAL COURTS STUDY section streamlines the reappointment see fit to address this problem, but if it COMMITTEE RECOMMENDATIONS process for judges whose performance does not, I will continue to press this Sec. 501. Qualification of Chief Judge of has previously been reviewed. In this issue. Court of International Trade. manner, the section eliminates unnec- Mr. LOTT. Mr. President, I ask unan- TITLE VI—MISCELLANEOUS essary expenditures of time and money. imous consent the amendment be Sec. 601. Participation in judicial govern- Additional sections facilitate judicial agreed to, the bill be deemed read a ance activities by district, sen- operations. One of these provisions au- ior, and magistrate judges. third time, passed, the motion to re- Sec. 602. The Director and Deputy Director thorize magistrate judges temporarily consider be laid upon the table, and of the administrative office as assigned to another judicial district be- any statements relating to the bill be officers of the United States. cause of an emergency to dispose of printed at the appropriate place in the Sec. 603. Removal of action from State civil cases with the consent of the par- RECORD. court. ties. Another section that deputy The amendment (No. 5430) was agreed Sec. 604. Federal judicial center employee clerks may act whenever the clerk is to. retirement provisions. unable to perform official duties for The bill (S. 1887), as amended, was Sec. 605. Abolition of the special court, Re- deemed read for a third time and gional Rail Reorganization Act any reason, and permits the court to of 1973. designate an acting clerk of court, passed, as follows: Sec. 606. Place of holding court in the Dis- when it is expected that the clerk will Be it enacted by the Senate and House of Rep- trict Court of Utah. be unavailable or the office of clerk resentatives of the United States of America in Sec. 607. Exception of residency requirement will be vacant for a prolonged period. Congress assembled, for district judges appointed to We also require an annual report by SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Southern District and East- (a) SHORT TITLE.—This Act may be cited as ern District of New York. the Administrative Office of the United the ‘‘Federal Courts Improvement Act of States Courts on the number and na- Sec. 608. Extension of civil justice expense 1996’’. and delay reduction reports on ture of orders relating to judicial mis- (b) TABLE OF CONTENTS.—The table of con- pilot and demonstration pro- conduct or disability under section 332 tents of this Act is as follows: grams. of title 28 of the United States Code. Sec. 1. Short title; table of contents. Sec. 609. Place of holding court in the This reporting requirement was rec- TITLE I—CRIMINAL LAW AND CRIMINAL Southern District of New York. ommended by the Report of the Na- JUSTICE AMENDMENTS Sec. 610. Venue for territorial courts. tional Commission on Judicial Dis- Sec. 101. New authority for probation and TITLE I—CRIMINAL LAW AND CRIMINAL cipline and Removal of August 1993, pretrial services officers. JUSTICE AMENDMENTS which found that reliable information TITLE II—JUDICIAL PROCESS SEC. 101. NEW AUTHORITY FOR PROBATION AND concerning council orders was difficult IMPROVEMENTS PRETRIAL SERVICES OFFICERS. to obtain. Sec. 201. Duties of magistrate judge on (a) PROBATION OFFICERS.—Section 3603 of In conclusion, this bill is the result emergency assignment. title 18, United States Code, is amended— Sec. 202. Consent to trial in certain criminal (1) by striking out ‘‘and’’ at the end of of careful consideration by members of paragraph (8)(B); the Judiciary Committee, in close col- actions. Sec. 203. Registration of judgments for en- (2) by redesignating paragraph (9) as para- laboration with the Administrative Of- forcement in other districts. graph (10); and fice, who have all worked long and hard Sec. 204. Vacancy in clerk position; absence (3) by inserting after paragraph (8) the fol- in attempting to produce a strong, bi- of clerk. lowing new paragraph: partisan piece of legislation. I strongly Sec. 205. Diversity jurisdiction. ‘‘(9) if approved by the district court, be urge my colleagues to support this bill. Sec. 206. Removal of cases against the Unit- authorized to carry firearms under such When the Judiciary Committee voted ed States and Federal officers rules and regulations as the Director of the Administrative Office of the United States the Federal Courts Improvement Act or agencies. Sec. 207. Appeal route in civil cases decided Courts may prescribe; and’’. out of committee it was with an by magistrate judges with con- (b) PRETRIAL SERVICES OFFICERS.—Section amendment offered by Senator KOHL sent. 3154 of title 18, United States Code, is amend- dealing with the use of secrecy orders Sec. 208. Reports by judicial councils related— in Federal courts. The version of the ing to misconduct and disabil- (1) by redesignating paragraph (13) as para- act that we are passing today does not ity orders. graph (14); and include that particular provision be- TITLE III—JUDICIARY PERSONNEL AD- (2) by inserting after paragraph (12) the following new paragraph: cause Senator KOHL has generously MINISTRATION, BENEFITS, AND PRO- TECTIONS ‘‘(13) If approved by the district court, be agreed to an amendment that will re- authorized to carry firearms under such Sec. 301. Senior judge certification. move it. Senator KOHL and I stand on rules and regulations as the Director of the opposite sides of the merits of his Sec. 302. Refund of contribution for deceased deferred annuitant under the Administrative Office of the United States amendment, but I appreciate his com- Judicial Survivors’ Annuities Courts may prescribe.’’. mitment to the provision and his will- System. TITLE II—JUDICIAL PROCESS ingness to allow us to pass S. 1887 with- Sec. 303. Bankruptcy judges reappointment IMPROVEMENTS out it. procedure. SEC. 201. DUTIES OF MAGISTRATE JUDGE ON Mr. KOHL. I thank the Senator. We Sec. 304. Technical correction related to EMERGENCY ASSIGNMENT. do think differently about this matter, commencement date of tem- The first sentence of section 636(f) of title but understand how important it was porary judgeships. 28, United States Code, is amended by strik- Sec. 305. Full-time status of court reporters. ing out ‘‘(a) or (b)’’ and inserting in lieu to you and to Senator HEFLIN that the Sec. 306. Court interpreters. Federal Courts Improvement Act pass thereof ‘‘(a), (b), or (c)’’. Sec. 307. Technical amendment related to SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMI- this year. And I understand that if this commencement date of tem- NAL ACTIONS. provision regarding court secrecy, porary bankruptcy judgeships. (a) AMENDMENTS TO TITLE 18.—(1) Section modeled on my legislation S. 374, The Sec. 308. Contribution rate for senior judges 3401(b) of title 18, United States Code, is Sunshine in Litigation Act, were still under the judicial survivors’ amended— part of S. 1887 it would keep that legis- annuities system. (A) in the first sentence by inserting ‘‘, Sec. 309. Prohibition against awards of lation from moving ahead. Although I other than a petty offense that is a class B costs, including attorneys fees, misdemeanor charging a motor vehicle of- believe that the problem of the exces- and injunctive relief against a sive use of protective orders needs ur- fense, a class C misdemeanor, or an infrac- judicial officer. tion,’’ after ‘‘misdemeanor’’; gently to be addressed, I also will not TITLE IV—JUDICIAL FINANCIAL (B) in the second sentence by inserting let it hold up a measure so important ADMINISTRATION ‘‘judge’’ after ‘‘magistrate’’ each place it ap- to Senators GRASSLEY and HEFLIN. Sec. 401. Increase in civil action filing fee. pears; Nevertheless, it is important to re- Sec. 402. Interpreter performance examina- (C) by striking out the third sentence and member that the Judicial Committee tion fees. inserting in lieu thereof the following: ‘‘The October 3, 1996 CONGRESSIONAL RECORD — SENATE S12387

magistrate judge may not proceed to try the (b) TECHNICAL AND CONFORMING AMEND- quirements of subparagraph (A), (B), (C), or case unless the defendant, after such expla- MENT.—The table of sections for chapter 57 of (D) of paragraph (1) of this subsection in a nation, expressly consents to be tried before title 28, United States Code, relating to sec- subsequent year and attributing a sufficient the magistrate judge and expressly and spe- tion 954 is amended to read as follows: part of the work performed in such subse- cifically waives trial, judgment, and sentenc- ‘‘954. Vacancy in clerk position; absence of quent year to the earlier year so that the ing by a district judge. Any such consent and clerk.’’. work so attributed, when added to the work waiver shall be made in writing or orally on SEC. 205. DIVERSITY JURISDICTION. performed during such earlier year, satisfies the record.’’; and the requirements for certification for that (a) IN GENERAL.—Section 1332 of title 28, (D) by striking out ‘‘judge of the district year. However, a justice or judge may not re- United States Code, is amended— court’’ each place it appears and inserting in ceive credit for the same work for purposes (1) in subsection (a) by striking out lieu thereof ‘‘district judge’’. of certification for more than 1 year.’’. ‘‘$50,000’’ and inserting in lieu thereof (2) Section 3401(g) of title 18, United States (b) AGGREGATION OF CERTAIN WORK FOR ‘‘$75,000’’; and Code, is amended by striking out the first PARTIAL YEARS.—Section 371(f)(1) of title 28, (2) in subsection (b) by striking out sentence and inserting in lieu thereof the fol- United States Code, is amended by adding at ‘‘$50,000’’ and inserting in lieu thereof lowing: ‘‘The magistrate judge may, in a the end of subparagraph (D) the following: ‘‘$75,000’’. petty offense case involving a juvenile, that ‘‘In any year in which a justice or judge per- (b) EFFECTIVE DATE.—The amendment is a class B misdemeanor charging a motor forms work described under this subpara- made by this section shall take effect 90 days vehicle offense, a class C misdemeanor, or an graph for less than the full year, one-half of after the date of enactment of this Act. infraction, exercise all powers granted to the such work may be aggregated with work de- district court under chapter 403 of this title. SEC. 206. REMOVAL OF CASES AGAINST THE scribed under subparagraph (A), (B), or (C) of The magistrate judge may, in any other UNITED STATES AND FEDERAL OFFI- CERS OR AGENCIES. this paragraph for the purpose of the justice class B or C misdemeanor case involving a or judge satisfying the requirements of such (a) IN GENERAL.—Section 1442 of title 28, juvenile in which consent to trial before a United States Code, is amended— subparagraph.’’. magistrate judge has been filed under sub- (1) in the section heading by inserting ‘‘ SEC. 302. REFUND OF CONTRIBUTION FOR DE- section (b), exercise all powers granted to or agencies’’ after ‘‘officers’’; and CEASED DEFERRED ANNUITANT the district court under chapter 403 of this UNDER THE JUDICIAL SURVIVORS’ (2) in subsection (a)— title.’’. ANNUITIES SYSTEM. (A) in the matter preceding paragraph (1) (b) AMENDMENTS TO TITLE 28.—Section Section 376(o)(1) of title 28, United States 636(a) of title 28, United States Code, is by striking out ‘‘persons’’; and Code, is amended by striking out ‘‘or while amended— (B) in paragraph (1) by striking out ‘‘Any receiving ‘retirement salary’,’’ and inserting (1) by striking out ‘‘, and’’ at the end of officer of the United States or any agency in lieu thereof ‘‘while receiving retirement paragraph (3) and inserting in lieu thereof a thereof, or person acting under him, for any salary, or after filing an election and other- semicolon; and act under color of such office’’ and inserting wise complying with the conditions under (2) by striking out paragraph (4) and in- in lieu thereof ‘‘The United States or any subsection (b)(2) of this section,’’. serting the following: agency thereof or any officer (or any person acting under that officer) of the United SEC. 303. BANKRUPTCY JUDGES REAPPOINT- ‘‘(4) the power to enter a sentence for a MENT PROCEDURE. States or of any agency thereof, sued in an petty offense that is a class B misdemeanor Section 120 of the Bankruptcy Amend- official or individual capacity for any act charging a motor vehicle offense, a class C ments and Federal Judgeship Act of 1984 under color of such office’’. misdemeanor, or an infraction; and (Public Law 98–353; 98 Stat. 344), is amend- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(5) the power to enter a sentence for a ed— MENT.—The table of sections for chapter 89 of class A misdemeanor, or a class B or C mis- (1) in subsection (a) by adding at the end title 28, United States Code, is amended by demeanor not covered by paragraph (4), in a thereof the following new paragraph: amending the item relating to section 1442 to case in which the parties have consented.’’. ‘‘(3) When filling vacancies, the court of read as follows: SEC. 203. REGISTRATION OF JUDGMENTS FOR appeals may consider reappointing incum- ENFORCEMENT IN OTHER DIS- bent bankruptcy judges under procedures TRICTS. ‘‘1442. Federal officers and agencies sued or prescribed by regulations issued by the Judi- (a) IN GENERAL.—Section 1963 of title 28, prosecuted.’’. cial Conference of the United States.’’; and United States Code, is amended— SEC. 207. APPEAL ROUTE IN CIVIL CASES DE- (2) in subsection (b) by adding at the end (1) by amending the section heading to CIDED BY MAGISTRATE JUDGES thereof the following: ‘‘All incumbent nomi- read as follows: WITH CONSENT. nees seeking reappointment thereafter may ‘‘§ 1963. Registration of judgments for en- Section 636 of title 28, United States Code, be considered for such a reappointment, pur- forcement in other districts’’; is amended— suant to a majority vote of the judges of the (2) in the first sentence— (1) in subsection (c)— appointing court of appeals, under proce- (A) by striking out ‘‘district court’’ and in- (A) in paragraph (3) by striking out ‘‘In dures authorized under subsection (a)(3).’’. this circumstance, the’’ and inserting in lieu serting in lieu thereof ‘‘court of appeals, dis- SEC. 304. TECHNICAL CORRECTION RELATED TO trict court, bankruptcy court,’’; and thereof ‘‘The’’; COMMENCEMENT DATE OF TEM- (B) by striking out ‘‘such judgment’’ and (B) by striking out paragraphs (4) and (5); PORARY JUDGESHIPS. inserting in lieu thereof ‘‘the judgment’’; and and Section 203(c) of the Judicial Improve- (3) by adding at the end thereof the follow- (C) by redesignating paragraphs (6) and (7) ments Act of 1990 (Public Law 101–650; 104 ing new undesignated paragraph: as paragraphs (4) and (5); and Stat. 5101; 28 U.S.C. 133 note) is amended by ‘‘The procedure prescribed under this sec- (2) in subsection (d) by striking out ‘‘, and adding at the end thereof the following: ‘‘For tion is in addition to other procedures pro- for the taking and hearing of appeals to the districts named in this subsection for which vided by law for the enforcement of judg- district courts,’’. multiple judgeships are created by this Act, ments.’’. SEC. 208. REPORTS BY JUDICIAL COUNCILS RE- the last of those judgeships filled shall be the (b) TECHNICAL AND CONFORMING AMEND- LATING TO MISCONDUCT AND DIS- judgeship created under this subsection.’’. ABILITY ORDERS. MENT.—The table of sections for chapter 125 SEC. 305. FULL-TIME STATUS OF COURT REPORT- of title 28, United States Code, relating to Section 332 of title 28, United States Code, ERS. section 1963 is amended to read as follows: is amended by adding at the end thereof the Section 753(e) of title 28, United States ‘‘1963. Registration of judgments for enforce- following new subsection: Code, is amended by inserting after the first ment in other districts.’’. ‘‘(g) No later than January 31 of each year, sentence the following: ‘‘For the purposes of each judicial council shall submit a report to SEC. 204. VACANCY IN CLERK POSITION; AB- subchapter III of chapter 83 of title 5 and SENCE OF CLERK. the Administrative Office of the United chapter 84 of such title, a reporter shall be (a) IN GENERAL.—Section 954 of title 28, States Courts on the number and nature of considered a full-time employee during any United States Code, is amended to read as orders entered under this section during the pay period for which a reporter receives a follows: preceding calendar year that relate to judi- salary at the annual salary rate fixed for a cial misconduct or disability.’’. ‘‘§ 954. Vacancy in clerk position; absence of full-time reporter under the preceding sen- clerk TITLE III—JUDICIARY PERSONNEL AD- tence.’’. ‘‘When the office of clerk is vacant, the MINISTRATION, BENEFITS, AND PRO- SEC. 306. COURT INTERPRETERS. deputy clerks shall perform the duties of the TECTIONS Section 1827 of title 28, United States Code, clerk in the name of the last person who held SEC. 301. SENIOR JUDGE CERTIFICATION. is amended by adding at the end thereof the that office. When the clerk is incapacitated, (a) RETROACTIVE CREDIT FOR RESUMPTION following new subsection: absent, or otherwise unavailable to perform OF SIGNIFICANT WORKLOAD.—Section 371(f)(3) ‘‘(l) Notwithstanding any other provision official duties, the deputy clerks shall per- of title 28, United States Code, is amended by of this section or section 1828, the presiding form the duties of the clerk in the name of striking out ‘‘is thereafter ineligible to re- judicial officer may appoint a certified or the clerk. The court may designate a deputy ceive such a certification.’’ and inserting in otherwise qualified sign language interpreter clerk to act temporarily as clerk of the court lieu thereof ‘‘may thereafter receive a cer- to provide services to a party, witness, or in his or her own name.’’. tification for that year by satisfying the re- other participant in a judicial proceeding, S12388 CONGRESSIONAL RECORD — SENATE October 3, 1996 whether or not the proceeding is instituted striking out ‘‘$120’’ and inserting in lieu of an attorney to practice, as prescribed by by the United States, if the presiding judi- thereof ‘‘$150’’. the Judicial Conference of the United States cial officer determines, on such officer’s own (b) DISPOSITION OF INCREASE.—Section 1931 pursuant to section 1914 of title 28, United motion or on the motion of a party or other of title 28, United States Code, is amended— States Code, $30 of that portion of the fee ex- participant in the proceeding, that such indi- (1) in subsection (a) by striking out ‘‘$60’’ ceeding $20 shall be deposited into the spe- vidual suffers from a hearing impairment. and inserting in lieu thereof ‘‘$90’’; and cial fund of the Treasury established under The presiding judicial officer shall, subject (2) in subsection (b)— section 1931 of title 28, United States Code. to the availability of appropriated funds, ap- (A) by striking out ‘‘$120’’ and inserting in Any portion exceeding $5 of the fee for a du- prove the compensation and expenses pay- lieu thereof ‘‘$150’’; and plicate certificate of admission or certificate able to sign language interpreters appointed (B) by striking out ‘‘$60’’ and inserting in of good standing, as prescribed by the Judi- under this section in accordance with the lieu thereof ‘‘$90’’. cial Conference of the United States pursu- schedule of fees prescribed by the Director (c) EFFECTIVE DATE.—This section shall ant to section 1914 of title 28, United States under subsection (b)(3) of this section.’’. take effect 60 days after the date of the en- Code, shall be deposited into the special fund SEC. 307. TECHNICAL AMENDMENT RELATED TO actment of this Act. of the Treasury established under section COMMENCEMENT DATE OF TEM- SEC. 402. INTERPRETER PERFORMANCE EXAM- 1931 of title 28, United States Code. PORARY BANKRUPTCY JUDGESHIPS. INATION FEES. (b) DISPOSITION OF BANKRUPTCY COMPLAINT Section 3(b) of the Bankruptcy Judgeship (a) IN GENERAL.—Section 1827(g) of title 28, FILING FEES.—For each fee collected for fil- Act of 1992 (Public Law 102–361; 106 Stat. 965; United States Code, is amended by redesig- ing an adversary complaint in a bankruptcy 28 U.S.C. 152 note) is amended in the first nating paragraph (5) as paragraph (6) and in- proceeding, as established in Item 6 of the sentence by striking out ‘‘date of the enact- serting after paragraph (4) the following new Bankruptcy Court Miscellaneous Fee Sched- ment of this Act’’ and inserting in lieu there- paragraph: ule prescribed by the Judicial Conference of of ‘‘appointment date of the judge named to ‘‘(5) If the Director of the Administrative fill the temporary judgeship position’’. the United States pursuant to section 1930(b) Office of the United States Courts finds it of title 28, United States Code, the portion of SEC. 308. CONTRIBUTION RATE FOR SENIOR necessary to develop and administer cri- the fee exceeding $120 shall be deposited into JUDGES UNDER THE JUDICIAL SUR- terion-referenced performance examinations the special fund of the Treasury established VIVORS’ ANNUITIES SYSTEM. for purposes of certification, or other exami- under section 1931 of title 28, United States Section 376(b)(1) of title 28, United States nations for the selection of otherwise quali- Code. Code, is amended to read as follows: fied interpreters, the Director may prescribe ‘‘(b)(1) Every judicial official who files a (c) EFFECTIVE DATE.—This section shall for each examination a uniform fee for appli- take effect 60 days after the date of the en- written notification of his or her intention cants to take such examination. In deter- to come within the purview of this section, actment of this Act. mining the rate of the fee for each examina- in accordance with paragraph (1) of sub- tion, the Director shall consider the fees TITLE V—FEDERAL COURTS STUDY section (a) of this section, shall be deemed charged by other organizations for examina- COMMITTEE RECOMMENDATIONS thereby to consent and agree to having de- tions that are similar in scope or nature. SEC. 501. QUALIFICATION OF CHIEF JUDGE OF ducted and withheld from his or her salary a Notwithstanding section 3302(b) of title 31, COURT OF INTERNATIONAL TRADE. sum equal to 2.2 percent of that salary, and the Director is authorized to provide in any (a) IN GENERAL.—Chapter 11 of title 28, a sum equal to 3.5 percent of his or her re- contract or agreement for the development United States Code, is amended by adding at tirement salary. The deduction from any re- or administration of examinations and the the end thereof the following new section: tirement salary— collection of fees that the contractor may re- ‘‘(A) of a justice or judge of the United ‘‘§ 258. Chief judges; precedence of judges tain all or a portion of the fees in payment States retired from regular active service ‘‘(a)(1) The chief judge of the Court of for the services. Notwithstanding paragraph under section 371(b) or section 372(a) of this International Trade shall be the judge of the (6) of this subsection, all fees collected after title, court in regular active service who is senior the effective date of this paragraph and not ‘‘(B) of a judge of the United States Court in commission of those judges who— retained by a contractor shall be deposited of Federal Claims retired under section 178 of ‘‘(A) are 64 years of age or under; in the fund established under section 1931 of this title, or ‘‘(B) have served for 1 year or more as a this title and shall remain available until ex- ‘‘(C) of a judicial official on recall under judge of the court; and pended.’’. ‘‘(C) have not served previously as chief section 155(b), 373(c)(4), 375, or 636(h) of this (b) PAYMENT FOR CONTRACTUAL SERVICES.— title, judge. Notwithstanding sections 3302(b), 1341, and ‘‘(2)(A) In any case in which no judge of the shall be an amount equal to 2.2 percent of re- 1517 of title 31, United States Code, the Di- tirement salary.’’. court meets the qualifications under para- rector of the Administrative Office of the graph (1), the youngest judge in regular ac- SEC. 309. PROHIBITION AGAINST AWARDS OF United States Courts may include in any tive service who is 65 years of age or over COSTS, INCLUDING ATTORNEY’S contract for the development or administra- and who has served as a judge of the court FEES, AND INJUNCTIVE RELIEF tion of examinations for interpreters (includ- for 1 year or more shall act as the chief AGAINST A JUDICIAL OFFICER. ing such a contract entered into before the (a) NONLIABILITY FOR COSTS.—Notwith- judge. date of the enactment of this Act) a provi- standing any other provision of law, no judi- ‘‘(B) In any case under subparagraph (A) in sion which permits the contractor to collect cial officer shall be held liable for any costs, which there is no judge of the court in regu- and retain fees in payment for contractual including attorney’s fees, in any action lar active service who has served as a judge services in accordance with section 1827(g)(5) brought against such officer for an act or of the court for 1 year or more, the judge of of title 28, United States Code. omission taken in such officer’s judicial ca- the court in regular active service who is pacity, unless such action was clearly in ex- SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT senior in commission and who has not served LITIGATION. cess of such officer’s jurisdiction. previously as chief judge shall act as the (a) IN GENERAL.—(1) Chapter 123 of title 28, (b) PROCEEDINGS IN VINDICATION OF CIVIL United States Code, is amended by adding chief judge. RIGHTS.—Section 722(b) of the Revised Stat- ‘‘(3)(A) Except as provided under subpara- after section 1931 the following new section: utes (42 U.S.C. 1988(b)) is amended by insert- graph (C), the chief judge serving under para- ing before the period at the end thereof ‘‘, ex- ‘‘§ 1932. Judicial Panel on Multidistrict Litiga- graph (1) shall serve for a term of 7 years and cept that in any action brought against a ju- tion shall serve after expiration of such term dicial officer for an act or omission taken in ‘‘The Judicial Conference of the United until another judge is eligible under para- such officer’s judicial capacity such officer States shall prescribe from time to time the graph (1) to serve as chief judge. shall not be held liable for any costs, includ- fees and costs to be charged and collected by ‘‘(B) Except as provided under subpara- ing attorney’s fees, unless such action was the Judicial Panel on Multidistrict Litiga- graph (C), a judge of the court acting as chief clearly in excess of such officer’s jurisdiction.’’. judge under subparagraph (A) or (B) of para- tion’’. (2) The table of sections for chapter 123 of graph (2) shall serve until a judge meets the (c) CIVIL ACTION FOR DEPRIVATION OF title 28, United States Code, is amended by qualifications under paragraph (1). RIGHTS.—Section 1979 of the Revised Stat- adding after the item relating to section 1931 ‘‘(C) No judge of the court may serve or act utes (42 U.S.C. 1983) is amended by inserting the following: as chief judge of the court after attaining before the period at the end of the first sen- ‘‘1932. Judicial Panel on Multidistrict Litiga- the age of 70 years unless no other judge is tence: ‘‘, except that in any action brought tion.’’. qualified to serve as chief judge under para- against a judicial officer for an act or omis- (b) RELATED FEES FOR ACCESS TO INFORMA- graph (1) or is qualified to act as chief judge sion taken in such officer’s judicial capacity, TION.—Section 303(a) of the Judiciary Appro- under paragraph (2). injunctive relief shall not be granted unless priations Act, 1992 (Public Law 102–140; 105 ‘‘(b) The chief judge shall have precedence a declaratory decree was violated or declara- Stat. 810; 28 U.S.C. 1913 note) is amended in and preside at any session of the court which tory relief was unavailable’’. the first sentence by striking out ‘‘1926, and such judge attends. Other judges of the court TITLE IV—JUDICIAL FINANCIAL 1930’’ and inserting in lieu thereof ‘‘1926, 1930, shall have precedence and preside according ADMINISTRATION and 1932’’. to the seniority of their commissions. Judges SEC. 401. INCREASE IN CIVIL ACTION FILING FEE. SEC. 404. DISPOSITION OF FEES. whose commissions bear the same date shall (a) FILING FEE INCREASE.—Section 1914(a) (a) DISPOSITION OF ATTORNEY ADMISSION have precedence according to seniority in of title 28, United States Code, is amended by FEES.—For each fee collected for admission age. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12389 ‘‘(c) If the chief judge desires to be relieved ‘‘(2) two circuit judges, three district Privatization Act (45 U.S.C. 1323 (2)(A)(iii), of the duties as chief judge while retaining judges, one bankruptcy judge, and one mag- (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)). active status as a judge of the court, the istrate judge, elected by vote of the members ‘‘(E) Section 24907(b) of title 49, United chief judge may so certify to the Chief Jus- of the Judicial Conference of the United States Code. tice of the United States, and thereafter the States, except that any circuit or district ‘‘(F) Any other Federal law (other than chief judge of the court shall be such other judge so elected may be either a judge in reg- this subsection and section 605 of the Federal judge of the court who is qualified to serve ular active service or a judge retired from Courts Improvement Act of 1996), Executive or act as chief judge under subsection (a). regular active service under section 371(b) of order, rule, regulation, delegation of author- ‘‘(d) If a chief judge is temporarily unable this title but shall not be a member of the ity, or document of or relating to the special to perform the duties as such, such duties Judicial Conference of the United States; court as previously established under para- shall be performed by the judge of the court and’’; and graph (1) of this subsection.’’. in active service, able and qualified to act, (2) in subsection (b) by striking out ‘‘re- (b) APPELLATE REVIEW.—(1) Section 209(e) who is next in precedence.’’. tirement,’’ and inserting in lieu thereof ‘‘re- of the Regional Rail Reorganization Act of (b) TECHNICAL AND CONFORMING AMEND- tirement pursuant to section 371(a) or sec- 1973 (45 U.S.C. 719) is amended by striking MENTS.—Chapter 11 of title 28, United States tion 372(a) of this title,’’. out the paragraph following paragraph (2) Code, is amended— and inserting in lieu thereof the following: (1) in section 251 by striking out subsection SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINISTRATIVE OFFICE AS ‘‘(3) An order or judgment of the United (b) and redesignating subsection (c) as sub- OFFICERS OF THE UNITED STATES. States District Court for the District of Co- section (b); Section 601 of title 28, United States Code, lumbia in any action referred to in this sec- (2) in section 253— is amended by adding at the end thereof the tion shall be reviewable in accordance with (A) by amending the section heading to following: ‘‘The Director and Deputy Direc- sections 1291, 1292, and 1294 of title 28, United read as follows: tor shall be deemed to be officers for pur- States Code.’’. ‘‘§ 253. Duties of chief judge.’’; poses of title 5, United States Code.’’. (2) Section 303 of the Regional Rail Reorga- and SEC. 603. REMOVAL OF ACTION FROM STATE nization Act of 1973 (45 U.S.C. 743) is amend- (B) by striking out subsections (d) and (e); COURT. ed by striking out subsection (d) and insert- and Section 1446(c)(1) of title 28, United States ing in lieu thereof the following: (3) in the table of sections for chapter 11 of Code, is amended by striking out ‘‘peti- ‘‘(d) APPEAL.—An order or judgment en- title 28, United States Code— tioner’’ and inserting in lieu thereof ‘‘defend- tered by the United States District Court for (A) by amending the item relating to sec- ant or defendants’’. the District of Columbia pursuant to sub- tion 253 to read as follows: section (c) of this section or section 306 shall SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE be reviewable in accordance with sections ‘‘253. Duties of chief judge.’’; RETIREMENT PROVISIONS. 1291, 1292, and 1294 of title 28, United States Section 627(b) of title 28, United States and Code.’’. Code, is amended— (B) by adding at the end thereof the follow- (3) Section 1152 of the Northeast Rail Serv- (1) in the first sentence by inserting ‘‘Dep- ing: ice Act of 1981 (45 U.S.C. 1105) is amended by uty Director,’’ before ‘‘the professional ‘‘258. Chief judges; precedence of judges.’’. striking out subsection (b) and inserting in staff’’; and (c) APPLICATION.—(1) Notwithstanding the lieu thereof the following: (2) in the first sentence by inserting ‘‘chap- provisions of section 258(a) of title 28, United ‘‘(b) APPEAL.—An order or judgment of the ter 84 (relating to the Federal Employees’ States Code (as added by subsection (a) of United States District Court for the District Retirement System),’’ after ‘‘(relating to this section), the chief judge of the United of Columbia in any action referred to in this States Court of International Trade who is civil service retirement),’’. section shall be reviewable in accordance in office on the day before the date of enact- SEC. 605. ABOLITION OF THE SPECIAL COURT, with sections 1291, 1292, and 1294 of title 28, ment of this Act shall continue to be such REGIONAL RAIL REORGANIZATION United States Code.’’. ACT OF 1973. chief judge on or after such date until any (c) TECHNICAL AND CONFORMING AMEND- one of the following events occurs: (a) ABOLITION OF THE SPECIAL COURT.—Sec- MENTS.—(1) Section 209 of the Regional Rail (A) The chief judge is relieved of his duties tion 209 of the Regional Rail Reorganization Reorganization Act of 1973 (45 U.S.C. 719) is under section 258(c) of title 28, United States Act of 1973 (45 U.S.C. 719) is amended in sub- further amended— Code. section (b)— (A) in subsection (g) by inserting ‘‘or Court (B) The regular active status of the chief (1) by inserting ‘‘(1)’’ before ‘‘Within 30 of Appeals for the District of Columbia Cir- judge is terminated. days after’’; and cuit’’ after ‘‘Supreme Court’’; and (C) The chief judge attains the age of 70 (2) by adding at the end thereof the follow- (B) by striking out subsection (h). years. ing new paragraph: (2) Section 305(d)(4) of the Regional Rail (D) The chief judge has served for a term of ‘‘(2) The special court referred to in para- Reorganization Act of 1973 (45 U.S.C. 745(d)) 7 years as chief judge. graph (1) of this subsection is abolished ef- is amended by striking out ‘‘a judge of the (2) When the chief judge vacates the posi- fective 90 days after the date of enactment of United States district court with respect to tion of chief judge under paragraph (1), the the Federal Courts Improvement Act of 1996. such proceedings and such powers shall in- position of chief judge of the Court of Inter- On such effective date, all jurisdiction and clude those of’’. national Trade shall be filled in accordance other functions of the special court shall be (3) Section 1135(a)(8) of the Northeast Rail with section 258(a) of title 28, United States assumed by the United States District Court Service Act of 1981 (45 U.S.C. 1104(8)) is Code. for the District of Columbia. With respect to amended to read as follows: TITLE VI—MISCELLANEOUS any proceedings that arise or continue after ‘‘(8) ‘Special court’ means the judicial the date on which the special court is abol- panel established under section 209(b)(1) of SEC. 601. PARTICIPATION IN JUDICIAL GOVERN- ished, the references in the following provi- ANCE ACTIVITIES BY DISTRICT, SEN- the Regional Rail Reorganization Act of 1973 IOR, AND MAGISTRATE JUDGES. sions to the special court established under (45 U.S.C. 719(b)(1)) or, with respect to any (a) JUDICIAL CONFERENCE OF THE UNITED this subsection shall be deemed to refer to proceedings that arise or continue after the STATES.—Section 331 of title 28, United the United States District Court for the Dis- panel is abolished pursuant to section States Code, is amended by striking out the trict of Columbia: 209(b)(2) of such Act, the United States Dis- second undesignated paragraph and inserting ‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and trict Court for the District of Columbia.’’. in lieu thereof the following: (g) of this section. (4) Section 1152 of the Northeast Rail Serv- ‘‘The district judge to be summoned from ‘‘(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), ice Act of 1981 (45 U.S.C. 1105) is further each judicial circuit shall be chosen by the (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), amended by striking out subsection (d). circuit and district judges of the circuit and 303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (d) PENDING CASES.—Effective 90 days after shall serve as a member of the Judicial Con- (c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), the date of enactment of this Act, any case ference of the United States for a term of not (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), pending in the special court established less than 3 successive years nor more than 5 (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 under section 209(b) of the Regional Rail Re- successive years, as established by majority (a), (b), (c)(4), and 601 (b)(3), (c) of this Act (45 organization Act of 1973 (45 U.S.C. 719(b)) vote of all circuit and district judges of the U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2), shall be assigned to the United States Dis- circuit. A district judge serving as a member 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743 trict Court for the District of Columbia as of the Judicial Conference may be either a (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), though the case had originally been filed in judge in regular active service or a judge re- (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c), that court. The amendments made by sub- tired from regular active service under sec- (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), section (b) of this section shall not apply to tion 371(b) of this title.’’. (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 any final order or judgment entered by the (b) BOARD OF THE FEDERAL JUDICIAL CEN- (a), (b), (c)(4), 791 (b)(3), (c)). special court for which— TER.—Section 621 of title 28, United States ‘‘(C) Sections 1152(a) and 1167(b) of the (1) a petition for writ of certiorari has been Code, is amended— Northeast Rail Service Act of 1981 (45 U.S.C. filed before the date on which the special (1) in subsection (a) by striking out para- 1105(a), 1115(a)). court is abolished; or graph (2) and inserting in lieu thereof the ‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (2) the time for filing a petition for writ of following: (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail certiorari has not expired before that date. S12390 CONGRESSIONAL RECORD — SENATE October 3, 1996 (e) EFFECTIVE DATE.—The amendments tee be discharged from further consid- essary to combat violence and drug made by subsections (b) and (c) of this sec- eration of S. 1612, a bill to broaden the trafficking. I urge our colleagues in the tion shall take effect 90 days after the date scope of certain firearm offenses, and House to pass this legislation with dis- of enactment of this Act and, except as pro- the Senate proceed to its immediate patch, and to send it to the President, vided in subsection (d), shall apply with respect to proceedings that arise or continue consideration. whose Justice Department has been after such effective date. The PRESIDING OFFICER. The very supportive of this bill. Those who SEC. 606. PLACE OF HOLDING COURT IN THE DIS- clerk will report. would stop this bill, do so at the ex- TRICT COURT OF UTAH. The legislative clerk read as follows: pense of law-abiding citizens. (a) NORTHERN DIVISION.—Section 125(1) of A bill (S. 1612) to provide for increased Mr. LOTT. Mr. President, I ask unan- title 28, United States Code, is amended by mandatory minimum sentences for criminals imous consent the amendment be inserting ‘‘Salt Lake City and’’ before possessing firearms. agreed to, the bill be deemed read a ‘‘Ogden’’. third time and passed as amended, the (b) CENTRAL DIVISION.—Section 125(2) of The PRESIDING OFFICER. Is there title 28, United States Code, is amended by objection to the immediate consider- title amendment be agreed to, the mo- inserting ‘‘, Provo, and St. George’’ after ation of the bill? tion to reconsider be laid upon the ‘‘Salt Lake City’’. There being no objection, the Senate table and any statements relating to SEC. 607. EXCEPTION OF RESIDENCY REQUIRE- proceeded to consider the bill. the bill appear at an appropriate point MENT FOR DISTRICT JUDGES AP- AMENDMENT NO. 5433 in the RECORD. POINTED TO THE SOUTHERN DIS- (Purpose: To provide a complete substitute) The PRESIDING OFFICER. Without TRICT AND EASTERN DISTRICT OF objection, it is so ordered. NEW YORK. Mr. LOTT. Mr. President, I send an The amendment (No. 5433) was agreed Section 134(b) of title 28, United States amendment to the desk for Senators Code, is amended— to. DEWINE, HELMS, and ABRAHAM. I ask The bill (S. 1612), as amended, was (1) by inserting ‘‘the Southern District of for its immediate consideration. New York, and the Eastern District of New deemed read for a third time, and York,’’ after ‘‘the District of Columbia,’’; The PRESIDING OFFICER. The passed, as follows: and clerk will report. S. 1612 The legislative clerk read as follows: (2) by inserting at the end the following: Be it enacted by the Senate and House of Rep- ‘‘Each district judge of the Southern District The Senator from Mississippi [Mr. LOTT] resentatives of the United States of America in of New York and the Eastern District of New for Mr. DEWINE, for himself, Mr. HELMS, and Congress assembled, York may reside within 20 miles of the dis- Mr. ABRAHAM, proposes an amendment num- SECTION 1. FIREARMS OFFENSES. trict to which he or she is appointed.’’. bered 5433. (a) IN GENERAL.—Sections 924(c)(1) and SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE The amendment is as follows: 929(a)(1) of title 18, United States Code, are AND DELAY REDUCTION REPORTS Strike all after the enacting clause and in- each amended by striking ‘‘uses or carries’’ ON DEMONSTRATION AND PILOT PROGRAMS. sert the following: and inserting ‘‘possesses’’. (b) AMENDMENT OF SENTENCING GUIDE- (a) DEMONSTRATION PROGRAM.—Section SECTION 1. FIREARMS OFFENSES. LINES— 104(d) of the Civil Justice Reform Act of 1990 (a) IN GENERAL.—Sections 924(c)(1) and 929(a)(1) of title 18, United States Code, are (1) IN GENERAL.—Pursuant to its authority (28 U.S.C. 471 note) is amended by striking under section 994 of title 28, United States out ‘‘December 31, 1996,’’ and inserting in each amended by striking ‘‘uses or carries’’ and inserting ‘‘possesses’’. Code, the United States Sentencing Commis- lieu thereof ‘‘June 30, 1997,’’. sion shall review and, if appropriate, amend (b) PILOT PROGRAM.—Section 105(c)(1) of (b) AMENDMENT OF SENTENCING GUIDE- the Federal Sentencing Guidelines and the the Civil Justice Reform Act of 1990 (28 LINES.— policy statements of the Commission to pro- U.S.C. 471 note) is amended by striking out (1) IN GENERAL.—Pursuant to its authority vide an appropriate sentence enhancement ‘‘December 31, 1996,’’ and inserting in lieu under section 994 of title 28, United States Code, the United States Sentencing Commis- with respect to any defendant who dis- thereof ‘‘June 30, 1997,’’. charges a firearm during or in relation to SEC. 609. PLACE OF HOLDING COURT IN THE sion shall review and, if appropriate, amend the Federal Sentencing Guidelines and the any crime of violence or any drug trafficking SOUTHERN DISTRICT OF NEW YORK. crime. policy statements of the Commission to pro- The last sentence of section 112(b) of title (2) CONSISTENCY.—In carrying out this sub- 28, United States Code, is amended to read as vide an appropriate sentence enhancement section, the United States Sentencing Com- follows: with respect to any defendant who dis- mission shall— ‘‘Court for the Southern District shall be charges a firearm during or in relation to (A) ensure that there is reasonable consist- held at New York, White Plains, and in the any crime of violence or any drug trafficking ency with other Federal Sentencing Guide- Middletown-Wallkill area of Orange County crime. lines; or such nearby location as may be deemed (2) CONSISTENCY.—In carrying out this sub- (B) avoid duplicative punishment for sub- appropriate.’’. section, the United States Sentencing Com- stantially the same offense; and mission shall— SEC. 610. VENUE FOR TERRITORIAL COURTS. (C) take into account any mitigating cir- (A) ensure that there is reasonable consist- (a) CHANGE OF VENUE.—Section 1404(d) of cumstances that might justify an exception ency with other Federal Sentencing Guide- title 28, United States Code, is amended to to any amendment made under paragraph lines; read as follows: (1). ‘‘(d) As used in this section, the term ‘dis- (B) avoid duplicative punishment for sub- (3) DEFINITIONS.—For purposes of this sub- trict court’ includes the District Court of stantially the same offense; and section, the terms ‘‘crime of violence’’ and Guam, the District Court for the Northern (C) take into account any mitigating cir- ‘‘drug trafficking crime’’ have the same Mariana Islands, and the District Court of cumstances that might justify an exception meanings as in section 924(c) of title 18, Unit- the Virgin Islands, and the term ‘district’ in- to any amendment made under paragraph ed States Code. Passed the Senate October 3, 1996. cludes the territorial jurisdiction of each (1). (3) DEFINITIONS.—For purposes of this sub- The title was amended so as to read: such court.’’. section, the terms ‘‘crime of violence’’ and (b) CURE OR WAIVER OF DEFECTS.—Section ‘‘A bill to broaden the scope of certain 1406(c) of title 28, United States Code, is ‘‘drug trafficking crime’’ have the same firearms offenses, and for other pur- amended to read as follows: meanings as in section 924(c) of title 18, Unit- poses.’’ ed States Code. ‘‘(c) As used in this section, the term ‘dis- f trict court’ includes the District Court of Amend the title so as to read: ‘‘A bill to Guam, the District Court for the Northern broaden the scope of certain firearms of- COMPENSATING OWNERS OF Mariana Islands, and the District Court of fenses, and for other purposes.’’. PATENTS the Virgin Islands, and the term ‘district’ in- Mr. DEWINE. Mr. President, there is Mr. LOTT. Mr. President, I ask unan- cludes the territorial jurisdiction of each concern that some in the House might such court.’’. imous consent that the Judiciary Com- oppose S. 1612, the Helms/DeWine bill mittee be discharged from further con- (c) APPLICABILITY.—The amendments made that just passed unanimously, for po- by this section apply to cases pending on the sideration of H.R. 632, regarding patent date of the enactment of this Act and to litical reasons. I should emphasize the legal fees, and the Senate proceed to cases commenced on or after such date. significance of getting this legislation its consideration. f passed by the House and sent to the The PRESIDING OFFICER. The President for his signature. This meas- clerk will report. BROADENING THE SCOPE OF ure, which broadens the scope of fire- The legislative clerk read as follows: CERTAIN FIREARM OFFENSES arms offenses committed by violent A bill (H.R. 632) to enhance fairness in Mr. LOTT. Mr. President, I ask unan- criminals, is essential if Federal pros- compensating owners of patents used by the imous consent the Judiciary Commit- ecutors are going to have the tools nec- United States. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12391 The PRESIDING OFFICER. Is there TITLE II—EXTENSION OF PROGRAMS; 104, is further amended by adding at the end the objection to the immediate consider- MUSEUMS AND LIBRARIES following new paragraph: ation of the bill? Subtitle A—Extension of Programs ‘‘(4) In determining whether an application complies with the requirements of subsection There being no objection, the Senate Sec. 201. Extension of National Literacy Act of (a)(12), the Assistant Secretary shall require proceeded to consider the bill. 1991. only that an applicant provide an appropriate Sec. 202. Adult Education Act amendments. AMENDMENT NO. 5431 narrative description of the geographical area to Sec. 203. Extension of Carl D. Perkins Voca- (Purpose: To provide for a limitation on rea- be served and an assurance that procedures will tional and Applied Technology be adopted to ensure against duplicate services sonable costs and fees under special cir- Education Act. cumstances, and for other purposes) being provided to the same recipients.’’. Subtitle B—Museums and Libraries Mr. LOTT. Mr. President, Senator TITLE II—EXTENSION OF PROGRAMS; Sec. 211. Museum and library services. MUSEUMS AND LIBRARIES HATCH has a technical amendment at Sec. 212. National Commission on Libraries and the desk, and I ask for its consider- Subtitle A—Extension of Programs Information Science. SEC. 201. EXTENSION OF NATIONAL LITERACY ation. Sec. 213. Transfer of functions from Institute of ACT OF 1991. The PRESIDING OFFICER. The Museum Services. (a) NATIONAL WORKFORCE LITERACY ASSIST- clerk will report. Sec. 214. Service of individuals serving on date ANCE COLLABORATIVE.—Subsection (c) of section The legislative clerk read as follows: of enactment. 201 of the National Literacy Act of 1991 (20 Sec. 215. Consideration. The Senator from Mississippi [Mr. LOTT], U.S.C. 1211–1(c)) is amended by striking Sec. 216. Transition and transfer of funds. for Mr. HATCH, proposes an amendment num- ‘‘$5,000,000’’ and all that follows through the bered 5431. TITLE III—HIGHER EDUCATION period and inserting ‘‘such sums as may be nec- Subtitle A—Debt Reduction essary for fiscal year 1997.’’. The amendment is as follows: (b) FUNCTIONAL LITERACY AND LIFE SKILLS Sec. 301. Unsubsidized student loans. On page 2, line 8, strike all after the period PROGRAM FOR STATE AND LOCAL PRISONERS.— through ‘‘Acts.’’ on line 13 and insert ‘‘Not- Sec. 302. Study of loan fees. Paragraph (3) of section 601(i) of the National withstanding the preceding sentences, unless Subtitle B—Financial Responsibility Standards Literacy Act of 1991 (20 U.S.C. 1211–2(i)) is the action has been pending for more than 10 Sec. 311. Extension of public comment period. amended by striking ‘‘$10,000,000’’ and all that years from the time of filing to the time that TITLE I—OLDER AMERICANS ACT OF 1965 follows through the period and inserting ‘‘such the owner applies for such costs and fees, sums as may be necessary for fiscal year 1997.’’. SEC. 101. INDIAN EMPLOYMENT; DEFINITION OF reasonable and entire compensation shall SEC. 202. ADULT EDUCATION ACT AMENDMENTS. INDIAN RESERVATION. not include such costs and fees if the court The Adult Education Act (20 U.S.C. 1201 et Section 502(b)(1)(B) of the Older Americans finds that the position of the United States seq.) is amended— Act of 1965 (42 U.S.C. 3056(b)(1)(B)) is amended was substantially justified or that special (1) in section 312— to read as follows: circumstances make an award unjust.’’. (A) in each of subparagraphs (A) and (B) of ‘‘(B)(i) will provide employment for eligible in- On page 2, line 17, strike ‘‘January 1, 1996’’ paragraph (11), by moving the left margin two dividuals in the community in which such indi- and insert ‘‘the date of the enactment of this ems to the right; viduals reside, or in nearby communities; or Act’’. (B) in each of paragraphs (11) through (15), ‘‘(ii) if such project is carried out by a tribal by moving the left margin two ems to the right; Mr. LOTT. Mr. President, I ask unan- organization that enters into an agreement and imous consent that the amendment be under this subsection or receives assistance from (C) by adding at the end the following: agreed to. a State that enters into such an agreement, will ‘‘(16) The term ‘family literacy services’ means The PRESIDING OFFICER. Without provide employment for such individuals who services that are of sufficient intensity in terms objection, it is so ordered. are Indians residing on or near an Indian res- of hours, and of sufficient duration, to make The amendment (No. 5431) was agreed ervation, as the term is defined in section 2601(2) sustainable changes in a family and that inte- of the Energy Policy Act of 1992 (25 U.S.C. grate all of the following activities: to. 3501(2));’’. ‘‘(A) Interactive literacy activities between Mr. LOTT. Mr. President, I ask unan- SEC. 102. POPULATION STATISTICS DEVELOP- parents and their children. imous consent that the bill be deemed MENT. ‘‘(B) Training for parents on how to be the read a third time and passed, as amend- Section 614(b) of the Older Americans Act of primary teacher for their children and full parted, the motion to reconsider be laid 1965 (42 U.S.C. 3057e(b)) is amended by striking ners in the education of their children. ‘‘certification’’ and inserting ‘‘approval’’. ‘‘(C) Parent literacy training. upon the table, and any statements re- ‘‘(D) An age-appropriate education program lating to the measure be placed at the SEC. 103. REPORTING REQUIREMENTS. for children.’’; appropriate place in the RECORD. Section 614(c) of the Older Americans Act of (2) in section 313(a), by striking ‘‘the fiscal The PRESIDING OFFICER. Without 1965 (42 U.S.C. 3057e(c)) is amended— year 1991,’’ and all that follows through ‘‘1995’’ objection, it is so ordered. (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and and inserting ‘‘fiscal year 1997’’; The bill (H.R. 632), as amended, was (2) by adding at the end the following new (3) in section 321, by inserting ‘‘and family lit- paragraph: eracy services’’ after ‘‘and activities’’; deemed read the third time and passed. ‘‘(2) The Assistant Secretary shall provide (4) in the first sentence of section 322(a)(1), by waivers and exemptions of the reporting require- inserting ‘‘and family literacy services’’ after f ments of subsection (a)(3) for applicants that ‘‘adult education programs’’; serve Indian populations in geographically iso- (5) in section 341(a), by inserting ‘‘and for OLDER AMERICANS INDIAN lated areas, or applicants that serve small In- family literacy services’’ after ‘‘adult edu- TECHNICAL AMENDMENTS ACT dian populations, where the small scale of the cation’’; (6) in section 356(k), by striking ‘‘$25,000,000’’ Mr. LOTT. Mr. President, I ask the project, the nature of the applicant, or other factors make the reporting requirements unrea- and all that follows through the period and in- Chair lay before the Senate a message sonable under the circumstances. The Assistant serting ‘‘such sums as may be necessary for fis- from the House of Representatives on Secretary shall consult with such applicants in cal year 1997.’’; (S. 1972) to amend the Older Americans establishing appropriate waivers and exemp- (7) in section 371(e)(1), by striking ‘‘the fiscal Act of 1965 to improve the provisions tions.’’. year 1991,’’ and all that follows through the period and inserting ‘‘fiscal year 1997.’’; relating to Indians, and for other pur- SEC. 104. EXPENDITURE OF FUNDS FOR NUTRI- (8) in section 384, by striking subsections (c) TION SERVICES. poses. through (n); and The PRESIDING OFFICER laid be- Section 614(c) of the Older Americans Act of (9) by adding at the end the following: fore the Senate the following message 1965 (42 U.S.C. 3057e(c)), as amended by section ‘‘SEC. 386. NATIONAL INSTITUTE FOR LITERACY. 103, is further amended by adding at the end the from the House of Representatives: ‘‘(a) ESTABLISHMENT.— following new paragraph: Strike out all after the enacting clause, ‘‘(1) IN GENERAL.—There is established the Na- ‘‘(3) In determining whether an application and insert: tional Institute for Literacy (in this section re- complies with the requirements of subsection ferred to as the ‘Institute’). The Institute shall SECTION 1. TABLE OF CONTENTS. (a)(8), the Assistant Secretary shall provide be administered under the terms of an inter- Sec. 1. Table of contents. maximum flexibility to an applicant who seeks agency agreement entered into by the Secretary TITLE I—OLDER AMERICANS ACT OF 1965 to take into account subsistence needs, local of Education with the Secretary of Labor and Sec. 101. Indian employment; definition of In- customs, and other characteristics that are ap- the Secretary of Health and Human Services (in dian reservation. propriate to the unique cultural, regional, and this section referred to as the ‘Interagency Sec. 102. Population statistics development. geographical needs of the Indian populations to Group’). The Interagency Group may include in Sec. 103. Reporting requirements. be served.’’. the Institute any research and development cen- Sec. 104. Expenditure of funds for nutrition SEC. 105. COORDINATION OF SERVICES. ter, institute, or clearinghouse established with- services. Section 614(c) of the Older Americans Act of in the Department of Education, the Depart- Sec. 105. Coordination of services. 1965 (42 U.S.C. 3057e(c)), as amended by section ment of Labor, or the Department of Health and S12392 CONGRESSIONAL RECORD — SENATE October 3, 1996

Human Services whose purpose is determined by ‘‘(c) LITERACY LEADERSHIP.— ‘‘(6) ELECTION OF OFFICERS.—The Chairperson the Interagency Group to be related to the pur- ‘‘(1) FELLOWSHIPS.—The Institute, in con- and Vice Chairperson of the Board shall be pose of the Institute. sultation with the Board, may award fellow- elected by the members of the Board. The term ‘‘(2) OFFICES.—The Institute shall have offices ships, with such stipends and allowances as the of office of the Chairperson and Vice Chair- separate from the offices of the Department of Director considers necessary, to outstanding in- person shall be 2 years. Education, the Department of Labor, and the dividuals pursuing careers in adult education or ‘‘(7) MEETINGS.—The Board shall meet at the Department of Health and Human Services. literacy in the areas of instruction, manage- call of the Chairperson or a majority of the ‘‘(3) BOARD RECOMMENDATIONS.—The Inter- ment, research, or innovation. members of the Board. agency Group shall consider the recommenda- ‘‘(2) USE OF FELLOWSHIPS.—Fellowships ‘‘(e) GIFTS, BEQUESTS, AND DEVISES.—The In- tions of the National Institute for Literacy Ad- awarded under this subsection shall be used, stitute may accept, administer, and use gifts or visory Board (in this section referred to as the under the auspices of the Institute, to engage in donations of services, money, or property, both ‘Board’) established under subsection (d) in research, education, training, technical assist- real and personal. planning the goals of the Institute and in the ance, or other activities to advance the field of ‘‘(f) MAILS.—The Board and the Institute may implementation of any programs to achieve such adult education or literacy, including the train- use the United States mails in the same manner goals. ing of volunteer literacy providers at the na- and under the same conditions as other depart- ‘‘(4) DAILY OPERATIONS.—The daily operations tional, State, or local level. ments and agencies of the Federal Government. of the Institute shall be carried out by the Di- ‘‘(3) INTERNS AND VOLUNTEERS.—The Insti- ‘‘(g) DIRECTOR.—The Interagency Group, rector of the Institute appointed under sub- tute, in consultation with the Board, may after considering recommendations made by the section (g). award paid and unpaid internships to individ- Board, shall appoint and fix the pay of a Direc- ‘‘(b) DUTIES.— uals seeking to assist the Institute in carrying tor. ‘‘(1) IN GENERAL.—The Institute shall improve out its mission. Notwithstanding section 1342 of ‘‘(h) APPLICABILITY OF CERTAIN CIVIL SERVICE the quality and accountability of the adult basic title 31, United States Code, the Institute may LAWS.—The Director and staff of the Institute skills and literacy delivery system by— accept and use voluntary and uncompensated may be appointed without regard to the provi- ‘‘(A) providing national leadership for the im- services as the Institute determines necessary. sions of title 5, United States Code, governing provement and expansion of the system for de- ‘‘(d) NATIONAL INSTITUTE FOR LITERACY ADVI- appointments in the competitive service, and livery of literacy services; SORY BOARD.— may be paid without regard to the provisions of ‘‘(B) coordinating the delivery of such services ‘‘(1) ESTABLISHMENT.— chapter 51 and subchapter III of chapter 53 of across Federal agencies; ‘‘(A) IN GENERAL.—There is established a Na- that title relating to classification and General ‘‘(C) identifying effective models of basic skills tional Institute for Literacy Advisory Board. and literacy education for adults and families Schedule pay rates, except that an individual so The Board shall consist of 10 individuals ap- appointed may not receive pay in excess of the that are essential to success in job training, pointed by the President, with the advice and work, the family, and the community; maximum rate payable under section 5376 of title consent of the Senate, from individuals who— 5, United States Code. ‘‘(D) supporting the creation of new methods ‘‘(i) are not otherwise officers or employees of of offering improved literacy services; ‘‘(i) EXPERTS AND CONSULTANTS.—The Board the Federal Government; and and the Institute may procure temporary and ‘‘(E) funding a network of State or regional ‘‘(ii) are representative of entities or groups intermittent services under section 3109(b) of adult literacy resource centers to assist State described in subparagraph (B). title 5, United States Code. and local public and private nonprofit efforts to ‘‘(B) ENTITIES OR GROUPS DESCRIBED.—The ‘‘(j) REPORT.—The Institute shall submit a re- improve literacy by— entities or groups referred to in subparagraph port biennially to the Committee on Economic ‘‘(i) encouraging the coordination of literacy (A) are— services; ‘‘(i) literacy organizations and providers of and Educational Opportunities of the House of ‘‘(ii) carrying out evaluations of the effective- literacy services, including— Representatives and the Committee on Labor ness of adult education and literacy activities; ‘‘(I) nonprofit providers of literacy services; and Human Resources of the Senate. Each re- ‘‘(iii) enhancing the capacity of State and ‘‘(II) providers of programs and services in- port submitted under this subsection shall in- local organizations to provide literacy services; volving English language instruction; and clude— and ‘‘(III) providers of services receiving assist- ‘‘(1) a comprehensive and detailed description ‘‘(iv) serving as a reciprocal link between the ance under this title; of the Institute’s operations, activities, financial Institute and providers of adult education and ‘‘(ii) businesses that have demonstrated inter- condition, and accomplishments in the field of literacy activities for the purpose of sharing in- est in literacy programs; literacy for the period covered by the report; formation, data, research, expertise, and lit- ‘‘(iii) literacy students; ‘‘(2) a description of how plans for the oper- eracy resources; ‘‘(iv) experts in the area of literacy research; ation of the Institute for the succeeding two fis- ‘‘(F) supporting the development of models at ‘‘(v) State and local governments; and cal years will facilitate achievement of the goals the State and local level of accountability sys- ‘‘(vi) representatives of employees. of the Institute and the goals of the literacy pro- tems that consist of goals, performance meas- ‘‘(2) DUTIES.—The Board— grams within the Department of Education, the ures, benchmarks, and assessments that can be ‘‘(A) shall make recommendations concerning Department of Labor, and the Department of used to improve the quality of adult education the appointment of the Director and staff of the Health and Human Services; and and literacy activities; Institute; ‘‘(3) any additional minority, or dissenting ‘‘(G) providing information, and other pro- ‘‘(B) shall provide independent advice on the views submitted by members of the Board. gram improvement activities to national, State, operation of the Institute; and ‘‘(k) FUNDING.—Any amounts appropriated to and local organizations, such as— ‘‘(C) shall receive reports from the Inter- the Secretary of Education, the Secretary of ‘‘(i) improving the capacity of national, State, agency Group and the Director. Labor, or the Secretary of Health and Human and local public and private organizations that ‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.—Ex- Services for purposes that the Institute is au- provide literacy and basic skills services, profes- cept as otherwise provided, the Board estab- thorized to perform under this section may be sional development, and technical assistance, lished by this subsection shall be subject to the provided to the Institute for such purposes. such as the State or regional adult literacy re- provisions of the Federal Advisory Committee ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— source centers referred to in subparagraph (E); Act (5 U.S.C. App.). There are authorized to be appropriated and ‘‘(4) TERMS.— $10,000,000 for fiscal year 1997 and such sums as ‘‘(A) IN GENERAL.—Each member of the Board ‘‘(ii) establishing a national literacy electronic may be necessary for each of the fiscal years shall be appointed for a term of 3 years, except database and communications network; 1998 through 2002 to carry out this section.’’. ‘‘(H) working with the Interagency Group, that the initial terms for members may be 1, 2, Federal agencies, and the Congress to ensure or 3 years in order to establish a rotation in SEC. 203. EXTENSION OF CARL D. PERKINS VOCA- 1 TIONAL AND APPLIED TECHNOLOGY that such Group, agencies, and the Congress which ⁄3 of the members are selected each year. EDUCATION ACT. Any such member may be appointed for not have the best information available on literacy Subsection (a) of section 3 of the Carl D. Per- more than 2 consecutive terms. and basic skills programs in formulating Federal kins Vocational and Applied Technology Act is ‘‘(B) VACANCY APPOINTMENTS.—Any member policy with respect to the issues of literacy, amended by striking ‘‘appropriated’’ and all appointed to fill a vacancy occurring before the basic skills, and workforce and career develop- that follows through ‘‘1995’’ and inserting ‘‘ap- expiration of the term for which the member’s ment; and propriated for fiscal year 1997 such sums as may ‘‘(I) assisting with the development of policy predecessor was appointed shall be appointed be necessary’’. with respect to literacy and basic skills. only for the remainder of that term. A member ‘‘(2) GRANTS, CONTRACTS, AND AGREEMENTS.— may serve after the expiration of that member’s Subtitle B—Museums and Libraries The Institute may make grants to, or enter into term until a successor has taken office. A va- SEC. 211. MUSEUM AND LIBRARY SERVICES. contracts or cooperative agreements with, indi- cancy in the Board shall be filled in the manner The Museum Services Act (20 U.S.C. 961 et viduals, public or private institutions, agencies, in which the original appointment was made. A seq.) is amended to read as follows: organizations, or consortia of such institutions, vacancy in the Board shall not affect the pow- ‘‘TITLE II—MUSEUM AND LIBRARY agencies, or organizations to carry out the ac- ers of the Board. SERVICES tivities of the Institute. Such grants, contracts, ‘‘(5) QUORUM.—A majority of the members of or agreements shall be subject to the laws and the Board shall constitute a quorum but a lesser ‘‘Subtitle A—General Provisions regulations that generally apply to grants, con- number may hold hearings. Any recommenda- ‘‘SEC. 201. SHORT TITLE. tracts, or agreements entered into by Federal tion of the Board may be passed only by a ma- ‘‘This title may be cited as the ‘Museum and agencies. jority of the Board’s members present. Library Services Act’. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12393

‘‘SEC. 202. GENERAL DEFINITIONS. ‘‘(b) VOLUNTARY SERVICES.—The Director may the Commonwealth of the Northern Mariana Is- ‘‘As used in this title: accept and utilize the voluntary services of indi- lands, the Republic of the Marshall Islands, the ‘‘(1) COMMISSION.—The term ‘Commission’ viduals and reimburse the individuals for travel Federated States of Micronesia, and the Repub- means the National Commission on Libraries expenses, including per diem in lieu of subsist- lic of Palau. and Information Science established under sec- ence, in the same amounts and to the same ex- ‘‘(5) STATE LIBRARY ADMINISTRATIVE AGEN- tion 3 of the National Commission on Libraries tent as authorized under section 5703 of title 5, CY.—The term ‘State library administrative and Information Sciences Act (20 U.S.C. 1502). United States Code, for persons employed interagency’ means the official agency of a State ‘‘(2) DIRECTOR.—The term ‘Director’ means mittently in Federal Government service. charged by the law of the State with the exten- the Director of the Institute appointed under ‘‘SEC. 207. CONTRIBUTIONS. sion and development of public library services section 204. ‘‘The Institute is authorized to solicit, accept, throughout the State. ‘‘(3) INSTITUTE.—The term ‘Institute’ means receive, and invest in the name of the United ‘‘(6) STATE PLAN.—The term ‘State plan’ the Institute of Museum and Library Services States, gifts, bequests, or devises of money and means the document which gives assurances established under section 203. other property or services and to use such prop- that the officially designated State library ad- ‘‘(4) MUSEUM BOARD.—The term ‘Museum erty or services in furtherance of the functions ministrative agency has the fiscal and legal au- Board’ means the National Museum Services of the Institute. Any proceeds from such gifts, thority and capability to administer all aspects Board established under section 275. bequests, or devises, after acceptance by the In- of this subtitle, provides assurances for estab- ‘‘SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY stitute, shall be paid by the donor or the rep- lishing the State’s policies, priorities, criteria, SERVICES. resentative of the donor to the Director. The Di- and procedures necessary to the implementation ‘‘(a) ESTABLISHMENT.—There is established, rector shall enter the proceeds in a special inter- of all programs under this subtitle, submits cop- within the National Foundation on the Arts and est-bearing account to the credit of the Institute ies for approval as required by regulations pro- the Humanities, an Institute of Museum and Li- for the purposes specified in each case. mulgated by the Director, identifies a State’s library Services. brary needs, and sets forth the activities to be ‘‘(b) OFFICES.—The Institute shall consist of ‘‘Subtitle B—Library Services and Technology taken toward meeting the identified needs sup- an Office of Museum Services and an Office of ‘‘SEC. 211. SHORT TITLE. ported with the assistance of Federal funds Library Services. There shall be a National Mu- ‘‘This subtitle may be cited as the ‘Library made available under this subtitle. seum Services Board in the Office of Museum Services and Technology Act’. ‘‘SEC. 214. AUTHORIZATION OF APPROPRIATIONS. Services. ‘‘SEC. 212. PURPOSE. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 204. DIRECTOR OF THE INSTITUTE. ‘‘It is the purpose of this subtitle— ‘‘(1) IN GENERAL.—There are authorized to be ‘‘(a) APPOINTMENT.— ‘‘(1) to consolidate Federal library service pro- appropriated $150,000,000 for fiscal year 1997 ‘‘(1) IN GENERAL.—The Institute shall be head- grams; and such sums as may be necessary for each of ed by a Director, appointed by the President, by ‘‘(2) to stimulate excellence and promote ac- the fiscal years 1998 through 2002 to carry out and with the advice and consent of the Senate. cess to learning and information resources in all this subtitle. ‘‘(2) TERM.—The Director shall serve for a types of libraries for individuals of all ages; ‘‘(2) TRANSFER.—The Secretary of Education term of 4 years. ‘‘(3) to promote library services that provide shall— ‘‘(3) QUALIFICATIONS.—Beginning with the all users access to information through State, ‘‘(A) transfer any funds appropriated under first individual appointed to the position of Di- regional, national and international electronic the authority of paragraph (1) to the Director to rector after the date of the enactment of the Act networks; enable the Director to carry out this subtitle; entitled ‘An Act to amend the Older Americans ‘‘(4) to provide linkages among and between and Act of 1965, and for other purposes’, every sec- libraries; and ‘‘(B) not exercise any authority concerning ond individual so appointed shall be appointed ‘‘(5) to promote targeted library services to the administration of this title other than the from among individuals who have special com- people of diverse geographic, cultural, and so- transfer described in subparagraph (A). ‘‘(b) FORWARD FUNDING.— petence with regard to library and information cioeconomic backgrounds, to individuals with ‘‘(1) IN GENERAL.—To the end of affording the services. Beginning with the second individual disabilities, and to people with limited func- responsible Federal, State, and local officers appointed to the position of Director after the tional literacy or information skills. adequate notice of available Federal financial date of enactment of the Act entitled ‘An Act to ‘‘SEC. 213. DEFINITIONS. assistance for carrying out ongoing library ac- amend the Older Americans Act of 1965, and for ‘‘As used in this subtitle: tivities and projects, appropriations for grants, other purposes’, every second individual so ap- ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ contracts, or other payments under any program pointed shall be appointed from among individ- means any tribe, band, nation, or other orga- under this subtitle are authorized to be included uals who have special competence with regard nized group or community, including any Alas- in the appropriations Act for the fiscal year pre- to museum services. ka native village, regional corporation, or vil- ceding the fiscal year during which such activi- ‘‘(b) COMPENSATION.—The Director may be lage corporation, as defined in or established ties and projects shall be carried out. compensated at the rate provided for level III of pursuant to the Alaska Native Claims Settle- ‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO- the Executive Schedule under section 5314 of ment Act (43 U.S.C. 1601 et seq.), which is recog- PRIATIONS.—In order to effect a transition to the title 5, United States Code. nized by the Secretary of the Interior as eligible timing of appropriation action authorized by ‘‘(c) DUTIES AND POWERS.—The Director shall for the special programs and services provided subsection (a), the application of this section perform such duties and exercise such powers as by the United States to Indians because of their may result in the enactment, in a fiscal year, of may be prescribed by law, including awarding status as Indians. separate appropriations for a program under financial assistance for activities described in ‘‘(2) LIBRARY.—The term ‘library’ includes— this subtitle (whether in the same appropria- this title. ‘‘(A) a public library; tions Act or otherwise) for two consecutive fiscal ‘‘(d) NONDELEGATION.—The Director shall not ‘‘(B) a public elementary school or secondary years. delegate any of the functions of the Director to school library; ‘‘(c) ADMINISTRATION.—Not more than 3 per- any person who is not an officer or employee of ‘‘(C) an academic library; cent of the funds appropriated under this sec- the Institute. ‘‘(D) a research library, which for the pur- tion for a fiscal year may be used to pay for the ‘‘(e) COORDINATION.—The Director shall en- poses of this subtitle means a library that— Federal administrative costs of carrying out this sure coordination of the policies and activities ‘‘(i) makes publicly available library services subtitle. of the Institute with the policies and activities and materials suitable for scholarly research of other agencies and offices of the Federal Gov- ‘‘CHAPTER 1—BASIC PROGRAM and not otherwise available to the public; and REQUIREMENTS ernment having interest in and responsibilities ‘‘(ii) is not an integral part of an institution ‘‘SEC. 221. RESERVATIONS AND ALLOTMENTS. for the improvement of museums and libraries of higher education; and ‘‘(a) RESERVATIONS.— and information services. ‘‘(E) a private library, but only if the State in ‘‘(1) IN GENERAL.—From the amount appro- ‘‘SEC. 205. DEPUTY DIRECTORS. which such private library is located determines ‘‘The Office of Library Services shall be head- priated under the authority of section 214 for that the library should be considered a library any fiscal year, the Director— ed by a Deputy Director, who shall be appointed for purposes of this subtitle. ‘‘(A) shall reserve 11⁄2 percent to award grants by the Director from among individuals who ‘‘(3) LIBRARY CONSORTIUM.—The term ‘library in accordance with section 261; and have a graduate degree in library science and consortium’ means any local, statewide, re- ‘‘(B) shall reserve 4 percent to award national expertise in library and information services. gional, interstate, or international cooperative leadership grants or contracts in accordance The Office of Museum Services shall be headed association of library entities which provides for with section 262. by a Deputy Director, who shall be appointed the systematic and effective coordination of the ‘‘(2) SPECIAL RULE.—If the funds reserved pur- by the Director from among individuals who resources of school, public, academic, and spe- suant to paragraph (1)(B) for a fiscal year have have expertise in museum services. cial libraries and information centers, for im- not been obligated by the end of such fiscal ‘‘SEC. 206. PERSONNEL. proved services for the clientele of such library year, then such funds shall be allotted in ac- ‘‘(a) IN GENERAL.—The Director may, in ac- entities. cordance with subsection (b) for the fiscal year cordance with applicable provisions of title 5, ‘‘(4) STATE.—The term ‘State’, unless other- succeeding the fiscal year for which the funds United States Code, appoint and determine the wise specified, includes each of the 50 States of were so reserved. compensation of such employees as the Director the United States, the District of Columbia, the ‘‘(b) ALLOTMENTS.— determines to be necessary to carry out the du- Commonwealth of Puerto Rico, the United ‘‘(1) IN GENERAL.—From the sums appro- ties of the Institute. States Virgin Islands, Guam, American Samoa, priated under the authority of section 214 and S12394 CONGRESSIONAL RECORD — SENATE October 3, 1996

not reserved under subsection (a) for any fiscal ‘‘(1) IN GENERAL.—The Federal share shall be ties established under paragraph (2) in achiev- year, the Director shall award grants from mini- 66 percent. ing the goals and meeting the priorities de- mum allotments, as determined under paragraph ‘‘(2) NON-FEDERAL SHARE.—The non-Federal scribed in paragraph (1); (3), to each State. Any sums remaining after share of payments shall be provided from non- ‘‘(5) describe the procedures that such agency minimum allotments are made for such year Federal, State, or local sources. will use to involve libraries and library users shall be allotted in the manner set forth in para- ‘‘(c) MAINTENANCE OF EFFORT.— throughout the State in policy decisions regard- graph (2). ‘‘(1) STATE EXPENDITURES.— ing implementation of this subtitle; and ‘‘(2) REMAINDER.—From the remainder of any ‘‘(A) REQUIREMENT.— ‘‘(6) provide assurances satisfactory to the Di- sums appropriated under the authority of sec- ‘‘(i) IN GENERAL.—The amount otherwise pay- rector that such agency will make such reports, tion 214 that are not reserved under subsection able to a State for a fiscal year pursuant to an in such form and containing such information, (a) and not allotted under paragraph (1) for any allotment under this chapter shall be reduced if as the Director may reasonably require to carry fiscal year, the Director shall award grants to the level of State expenditures, as described in out this subtitle and to determine the extent to each State in an amount that bears the same re- paragraph (2), for the previous fiscal year is less which funds provided under this subtitle have lation to such remainder as the population of than the average of the total of such expendi- been effective in carrying out the purposes of the State bears to the population of all States. tures for the 3 fiscal years preceding that pre- this subtitle. ‘‘(3) MINIMUM ALLOTMENT.— vious fiscal year. The amount of the reduction ‘‘(c) EVALUATION AND REPORT.—Each State li- ‘‘(A) IN GENERAL.—For the purposes of this in allotment for any fiscal year shall be equal to brary administrative agency receiving a grant subsection, the minimum allotment for each the amount by which the level of such State ex- under this subtitle shall independently evaluate, State shall be $340,000, except that the minimum penditures for the fiscal year for which the de- and report to the Director regarding, the activi- allotment shall be $40,000 in the case of the termination is made is less than the average of ties assisted under this subtitle, prior to the end United States Virgin Islands, Guam, American the total of such expenditures for the 3 fiscal of the 5-year plan. Samoa, the Commonwealth of the Northern years preceding the fiscal year for which the de- ‘‘(d) INFORMATION.—Each library receiving Mariana Islands, the Republic of the Marshall termination is made. assistance under this subtitle shall submit to the Islands, the Federated States of Micronesia, and ‘‘(ii) CALCULATION.—Any decrease in State ex- State library administrative agency such infor- the Republic of Palau. penditures resulting from the application of sub- mation as such agency may require to meet the ‘‘(B) RATABLE REDUCTIONS.—If the sum ap- paragraph (B) shall be excluded from the cal- requirements of subsection (c). propriated under the authority of section 214 culation of the average level of State expendi- ‘‘(e) APPROVAL.— and not reserved under subsection (a) for any tures for any 3-year period described in clause ‘‘(1) IN GENERAL.—The Director shall approve fiscal year is insufficient to fully satisfy the ag- (i). any State plan under this subtitle that meets the gregate of the minimum allotments for all States ‘‘(B) DECREASE IN FEDERAL SUPPORT.—If the requirements of this subtitle and provides satis- for that purpose for such year, each of such amount made available under this subtitle for a factory assurances that the provisions of such minimum allotments shall be reduced ratably. fiscal year is less than the amount made avail- plan will be carried out. ‘‘(C) SPECIAL RULE.— able under this subtitle for the preceding fiscal ‘‘(2) PUBLIC AVAILABILITY.—Each State li- ‘‘(i) IN GENERAL.—Notwithstanding any other year, then the expenditures required by sub- brary administrative agency receiving a grant provision of this subsection and using funds al- paragraph (A) for such preceding fiscal year under this subtitle shall make the State plan lotted for the Republic of the Marshall Islands, shall be decreased by the same percentage as the available to the public. the Federated States of Micronesia, and the Re- percentage decrease in the amount so made ‘‘(3) ADMINISTRATION.—If the Director deter- public of Palau under this subsection, the Direc- available. mines that the State plan does not meet the re- tor shall award grants to Guam, American ‘‘(2) LEVEL OF STATE EXPENDITURES.—The quirements of this section, the Director shall— Samoa, the Commonwealth of the Northern level of State expenditures for the purposes of ‘‘(A) immediately notify the State library ad- Mariana Islands, the Republic of the Marshall paragraph (1) shall include all State dollars ex- ministrative agency of such determination and Islands, the Federated States of Micronesia, or pended by the State library administrative agen- the reasons for such determination; the Republic of Palau to carry out activities de- cy for library programs that are consistent with ‘‘(B) offer the State library administrative scribed in this subtitle in accordance with the the purposes of this subtitle. All funds included agency the opportunity to revise its State plan; provisions of this subtitle that the Director de- in the maintenance of effort calculation under ‘‘(C) provide technical assistance in order to termines are not inconsistent with this subpara- this subsection shall be expended during the fis- assist the State library administrative agency in graph. cal year for which the determination is made, meeting the requirements of this section; and ‘‘(ii) AWARD BASIS.—The Director shall award and shall not include capital expenditures, spe- ‘‘(D) provide the State library administrative grants pursuant to clause (i) on a competitive cial one-time project costs, or similar windfalls. agency the opportunity for a hearing. basis and pursuant to recommendations from ‘‘(3) WAIVER.—The Director may waive the re- ‘‘CHAPTER 2—LIBRARY PROGRAMS the Pacific Region Educational Laboratory in quirements of paragraph (1) if the Director de- ‘‘SEC. 231. GRANTS TO STATES. Honolulu, Hawaii. termines that such a waiver would be equitable ‘‘(a) IN GENERAL.—Of the funds provided to a ‘‘(iii) TERMINATION OF ELIGIBILITY.—Notwith- due to exceptional or uncontrollable cir- State library administrative agency under sec- standing any other provision of law, the Repub- cumstances such as a natural disaster or a pre- tion 214, such agency shall expend, either di- lic of the Marshall Islands, the Federated States cipitous and unforeseen decline in the financial rectly or through subgrants or cooperative of Micronesia, and the Republic of Palau shall resources of the State. agreements, at least 96 percent of such funds not receive any funds under this subtitle for any ‘‘SEC. 224. STATE PLANS. for— fiscal year that begins after September 30, 2001. ‘‘(a) STATE PLAN REQUIRED.— ‘‘(1) establishing or enhancing electronic link- ‘‘(iv) ADMINISTRATIVE COSTS.—The Director ‘‘(1) IN GENERAL.—In order to be eligible to re- ages among or between libraries and library may provide not more than 5 percent of the ceive a grant under this subtitle, a State library consortia; and funds made available for grants under this sub- administrative agency shall submit a State plan ‘‘(2) targeting library and information services paragraph to pay the administrative costs of the to the Director not later than April 1, 1997. to persons having difficulty using a library and Pacific Region Educational Laboratory regard- ‘‘(2) DURATION.—The State plan shall cover a to underserved urban and rural communities, ing activities assisted under this subparagraph. period of 5 fiscal years. including children (from birth through age 17) ‘‘(4) DATA.—The population of each State and ‘‘(3) REVISIONS.—If a State library administra- from families with incomes below the poverty of all the States shall be determined by the Di- tive agency makes a substantive revision to its line (as defined by the Office of Management rector on the basis of the most recent data avail- State plan, then the State library administrative and Budget and revised annually in accordance able from the Bureau of the Census. agency shall submit to the Director an amend- with section 673(2) of the Community Services ‘‘SEC. 222. ADMINISTRATION. ment to the State plan containing such revision Block Grant Act (42 U.S.C. 9902(2)) applicable to ‘‘(a) IN GENERAL.—Not more than 4 percent of not later than April 1 of the fiscal year preced- a family of the size involved. the total amount of funds received under this ing the fiscal year for which the amendment will ‘‘(b) SPECIAL RULE.—Each State library ad- subtitle for any fiscal year by a State may be be effective. ministrative agency receiving funds under this used for administrative costs. ‘‘(b) CONTENTS.—The State plan shall— chapter may apportion the funds available for ‘‘(b) CONSTRUCTION.—Nothing in this section ‘‘(1) establish goals, and specify priorities, for the purposes described in subsection (a) between shall be construed to limit spending for evalua- the State consistent with the purposes of this the two purposes described in paragraphs (1) tion costs under section 224(c) from sources subtitle; and (2) of such subsection, as appropriate, to other than this subtitle. ‘‘(2) describe activities that are consistent meet the needs of the individual State. ‘‘SEC. 223. PAYMENTS; FEDERAL SHARE; AND with the goals and priorities established under ‘‘CHAPTER 3—ADMINISTRATIVE MAINTENANCE OF EFFORT REQUIRE- paragraph (1), the purposes of this subtitle, and PROVISIONS MENTS. section 231, that the State library administrative ‘‘(a) PAYMENTS.—Subject to appropriations agency will carry out during such year using ‘‘Subchapter A—State Requirements provided pursuant to section 214, the Director such grant; ‘‘SEC. 251. STATE ADVISORY COUNCILS. shall pay to each State library administrative ‘‘(3) describe the procedures that such agency ‘‘Each State desiring assistance under this agency having a State plan approved under sec- will use to carry out the activities described in subtitle may establish a State advisory council tion 224 the Federal share of the cost of the ac- paragraph (2); which is broadly representative of the library tivities described in the State plan. ‘‘(4) describe the methodology that such agen- entities in the State, including public, school, ‘‘(b) FEDERAL SHARE.— cy will use to evaluate the success of the activi- academic, special, and institutional libraries, October 3, 1996 CONGRESSIONAL RECORD — SENATE S12395 and libraries serving individuals with disabil- professional staff, owns or utilizes tangible ob- ‘‘SEC. 274. AWARD. ities. jects, cares for the tangible objects, and exhibits ‘‘The Director, with the advice of the Museum ‘‘Subchapter B—Federal Requirements the tangible objects to the public on a regular Board, may annually award a National Award basis. for Museum Service to outstanding museums ‘‘SEC. 261. SERVICES FOR INDIAN TRIBES. ‘‘(2) STATE.—The term ‘State’ means each of that have made significant contributions in ‘‘From amounts reserved under section the 50 States of the United States, the District of service to their communities. 221(a)(1)(A) for any fiscal year the Director Columbia, the Commonwealth of Puerto Rico, ‘‘SEC. 275. NATIONAL MUSEUM SERVICES BOARD. shall award grants to organizations primarily the United States Virgin Islands, Guam, Amer- serving and representing Indian tribes to enable ‘‘(a) ESTABLISHMENT.—There is established in ican Samoa, the Commonwealth of the Northern the Institute a National Museum Services such organizations to carry out the activities de- Mariana Islands, the Republic of the Marshall scribed in section 231. Board. Islands, the Federated States of Micronesia, and ‘‘(b) COMPOSITION AND QUALIFICATIONS.— ‘‘SEC. 262. NATIONAL LEADERSHIP GRANTS OR the Republic of Palau. CONTRACTS. ‘‘(1) COMPOSITION.—The Museum Board shall ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. ‘‘(a) IN GENERAL.—From the amounts reserved consist of the Director and 14 members ap- ‘‘(a) GRANTS.—The Director, subject to the under section 221(a)(1)(B) for any fiscal year pointed by the President, by and with the ad- policy direction of the Museum Board, may the Director shall establish and carry out a pro- vice and consent of the Senate. make grants to museums to pay for the Federal gram awarding national leadership grants or ‘‘(2) QUALIFICATIONS.—The appointive mem- share of the cost of increasing and improving contracts to enhance the quality of library serv- bers of the Museum Board shall be selected from museum services, through such activities as— among citizens of the United States— ices nationwide and to provide coordination be- ‘‘(1) programs that enable museums to con- tween libraries and museums. Such grants or ‘‘(A) who are members of the general public; struct or install displays, interpretations, and ‘‘(B) who are or have been affiliated with— contracts shall be used for activities that may exhibitions in order to improve museum services include— ‘‘(i) resources that, collectively, are broadly provided to the public; representative of the curatorial, conservation, ‘‘(1) education and training of persons in li- ‘‘(2) assisting museums in developing and brary and information science, particularly in educational, and cultural resources of the Unit- maintaining professionally trained or otherwise ed States; or areas of new technology and other critical experienced staff to meet the needs of the muse- needs, including graduate fellowships, ‘‘(ii) museums that, collectively, are broadly ums; representative of various types of museums, in- traineeships, institutes, or other programs; ‘‘(3) assisting museums in meeting the admin- ‘‘(2) research and demonstration projects re- cluding museums relating to science, history, istrative costs of preserving and maintaining the technology, art, zoos, and botanical gardens; lated to the improvement of libraries, education collections of the museums, exhibiting the collec- in library and information science, enhancement and tions to the public, and providing educational ‘‘(C) who are recognized for their broad of library services through effective and efficient programs to the public through the use of the use of new technologies, and dissemination of knowledge, expertise, or experience in museums collections; or commitment to museums. information derived from such projects; ‘‘(4) assisting museums in cooperating with ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- ‘‘(3) preservation or digitization of library ma- each other in developing traveling exhibitions, TION.—Members of the Museum Board shall be terials and resources, giving priority to projects meeting transportation costs, and identifying emphasizing coordination, avoidance of duplica- appointed to reflect persons from various geo- and locating collections available for loan; graphic regions of the United States. The Mu- tion, and access by researchers beyond the insti- ‘‘(5) assisting museums in the conservation of seum Board may not include, at any time, more tution or library entity undertaking the project; their collections; than 3 members from a single State. In making and ‘‘(6) developing and carrying out specialized such appointments, the President shall give due ‘‘(4) model programs demonstrating coopera- programs for specific segments of the public, regard to equitable representation of women, mi- tive efforts between libraries and museums. such as programs for urban neighborhoods, norities, and persons with disabilities who are ‘‘(b) GRANTS OR CONTRACTS.— rural areas, Indian reservations, and penal and involved with museums. ‘‘(1) IN GENERAL.—The Director may carry out other State institutions; and the activities described in subsection (a) by ‘‘(7) model programs demonstrating coopera- ‘‘(c) TERMS.— awarding grants to, or entering into contracts tive efforts between libraries and museums. ‘‘(1) IN GENERAL.—Each appointive member of with, libraries, agencies, institutions of higher ‘‘(b) CONTRACTS AND COOPERATIVE AGREE- the Museum Board shall serve for a term of 5 education, or museums, where appropriate. MENTS.— years, except that— ‘‘(2) COMPETITIVE BASIS.—Grants and con- ‘‘(1) PROJECTS TO STRENGTHEN MUSEUM SERV- ‘‘(A) of the members first appointed, 3 shall tracts under this section shall be awarded on a ICES.—The Director, subject to the policy direc- serve for terms of 5 years, 3 shall serve for terms competitive basis. tion of the Museum Board, is authorized to of 4 years, 3 shall serve for terms of 3 years, 3 ‘‘(c) SPECIAL RULE.—The Director shall make enter into contracts and cooperative agreements shall serve for terms of 2 years, and 2 shall serve every effort to ensure that activities assisted with appropriate entities, as determined by the for terms of 1 year, as designated by the Presi- under this section are administered by appro- Director, to pay for the Federal share of ena- dent at the time of nomination for appointment; priate library and museum professionals or ex- bling the entities to undertake projects designed and perts. to strengthen museum services, except that any ‘‘(B) any member appointed to fill a vacancy ‘‘SEC. 263. STATE AND LOCAL INITIATIVES. contracts or cooperative agreements entered into shall serve for the remainder of the term for ‘‘Nothing in this subtitle shall be construed to pursuant to this subsection shall be effective which the predecessor of the member was ap- interfere with State and local initiatives and re- only to such extent or in such amounts as are pointed. sponsibility in the conduct of library services. provided in appropriations acts. ‘‘(2) REAPPOINTMENT.—No member of the Mu- The administration of libraries, the selection of ‘‘(2) LIMITATION ON AMOUNT.—The aggregate seum Board who has been a member for more personnel and library books and materials, and amount of financial assistance made available than 7 consecutive years shall be eligible for re- insofar as consistent with the purposes of this under this subsection for a fiscal year shall not appointment. subtitle, the determination of the best uses of exceed 15 percent of the amount appropriated ‘‘(3) SERVICE UNTIL SUCCESSOR TAKES OF- the funds provided under this subtitle, shall be under this subtitle for such fiscal year. FICE.—Notwithstanding any other provision of reserved for the States and their local subdivi- ‘‘(3) OPERATIONAL EXPENSES.—No financial this subsection, a member of the Museum Board sions. assistance may be provided under this sub- shall serve after the expiration of the term of the member until the successor to the member takes ‘‘Subtitle C—Museum Services section to pay for operational expenses. ‘‘(c) FEDERAL SHARE.— office. ‘‘SEC. 271. PURPOSE. ‘‘(1) 50 PERCENT.—Except as provided in para- ‘‘(d) DUTIES AND POWERS.—The Museum ‘‘It is the purpose of this subtitle— graph (2), the Federal share described in sub- Board shall have the responsibility to advise the ‘‘(1) to encourage and assist museums in their sections (a) and (b) shall be not more than 50 Director on general policies with respect to the educational role, in conjunction with formal percent. duties, powers, and authority of the Institute systems of elementary, secondary, and post- ‘‘(2) GREATER THAN 50 PERCENT.—The Director relating to museum services, including general secondary education, and with programs of may use not more than 20 percent of the funds policies with respect to— nonformal education for all age groups; made available under this subtitle for a fiscal ‘‘(1) financial assistance awarded under this ‘‘(2) to assist museums in modernizing their year to make grants under subsection (a), or subtitle for museum services; and methods and facilities so that the museums are enter into contracts or agreements under sub- ‘‘(2) projects described in section 262(a)(4). better able to conserve the cultural, historic, section (b), for which the Federal share may be ‘‘(e) CHAIRPERSON.—The President shall des- and scientific heritage of the United States; and greater than 50 percent. ignate 1 of the appointive members of the Mu- ‘‘(3) to ease the financial burden borne by mu- ‘‘(d) REVIEW AND EVALUATION.—The Director seum Board as Chairperson of the Museum seums as a result of their increasing use by the shall establish procedures for reviewing and Board. public. evaluating grants, contracts, and cooperative ‘‘(f) MEETINGS.— ‘‘SEC. 272. DEFINITIONS. agreements made or entered into under this sub- ‘‘(1) IN GENERAL.—The Museum Board shall ‘‘As used in this subtitle: title. Procedures for reviewing grant applica- meet— ‘‘(1) MUSEUM.—The term ‘museum’ means a tions or contracts and cooperative agreements ‘‘(A) not less than 3 times each year, includ- public or private nonprofit agency or institution for financial assistance under this subtitle shall ing— organized on a permanent basis for essentially not be subject to any review outside of the Insti- ‘‘(i) not less than 2 times each year separately; educational or aesthetic purposes, that utilizes a tute. and S12396 CONGRESSIONAL RECORD — SENATE October 3, 1996 ‘‘(ii) not less than 1 time each year in a joint ‘‘(1) general policies with respect to— and Improvement in the Department of Edu- meeting with the Commission, convened for pur- ‘‘(A) financial assistance awarded under the cation exercised before the date of enactment of poses of making general policies with respect to Museum and Library Services Act for library this section and any related function of any of- financial assistance for projects described in sec- services; and ficer or employee of the Department of Edu- tion 262(a)(4); and ‘‘(B) projects described in section 262(a)(4) of cation. ‘‘(B) at the call of the Director. such Act; and (c) DETERMINATIONS OF CERTAIN FUNCTIONS ‘‘(2) VOTE.—All decisions by the Museum ‘‘(2) measures to ensure that the policies and BY THE OFFICE OF MANAGEMENT AND BUDGET.— Board with respect to the exercise of the duties activities of the Institute of Museum and Li- If necessary, the Office of Management and and powers of the Museum Board shall be made brary Services are coordinated with other activi- Budget shall make any determination of the by a majority vote of the members of the Mu- ties of the Federal Government. functions that are transferred under subsection seum Board who are present. All decisions by ‘‘(c)(1) The Commission shall meet not less (b). the Commission and the Museum Board with re- than 1 time each year in a joint meeting with (d) DELEGATION AND ASSIGNMENT.—Except spect to the policies described in paragraph the National Museum Services Board, convened where otherwise expressly prohibited by law or for purposes of providing advice on general pol- otherwise provided by this section, the Director (1)(A)(ii) shall be made by a 2⁄3 majority vote of the total number of the members of the Commis- icy with respect to financial assistance for of the Institute of Museum and Library Services sion and the Museum Board who are present. projects described in section 262(a)(4) of such may delegate any of the functions transferred to ‘‘(g) QUORUM.—A majority of the members of Act. the Director of the Institute of Museum and Li- the Museum Board shall constitute a quorum ‘‘(2) All decisions by the Commission and the brary Services by this section and any function for the conduct of business at official meetings National Museum Services Board with respect to transferred or granted to such Director of the of the Museum Board, but a lesser number of the advice on general policy described in para- Institute of Museum and Library Services after 2 members may hold hearings. A majority of the graph (1) shall be made by a ⁄3 majority vote of the effective date of this section to such officers members of the Commission and a majority of the total number of the members of the Commis- and employees of the Institute of Museum and the members of the Museum Board shall con- sion and the National Museum Services Board Library Services as the Director of the Institute stitute a quorum for the conduct of business at who are present. of Museum and Library Services may designate, ‘‘(3) A majority of the members of the Commis- official joint meetings of the Commission and and may authorize successive redelegations of sion and a majority of the members of the Na- the Museum Board. such functions as may be necessary or appro- tional Museum Services Board shall constitute a ‘‘(h) COMPENSATION AND TRAVEL EXPENSES.— priate, except that any delegation of any such quorum for the conduct of business at official ‘‘(1) COMPENSATION.—Each member of the functions with respect to libraries shall be made joint meetings of the Commission and the Na- Museum Board who is not an officer or em- to the Deputy Director of the Office of Library tional Museum Services Board.’’. ployee of the Federal Government may be com- Services and with respect to museums shall be (b) MEMBERSHIP.—Section 6 of the National pensated at a rate to be fixed by the President, made to the Deputy Director of the Office of Commission on Libraries and Information but not to exceed the daily equivalent of the Museum Services. No delegation of functions by Science Act (20 U.S.C. 1505) is amended— maximum rate authorized for a position above the Director of the Institute of Museum and Li- (1) in subsection (a)— brary Services under this section or under any grade GS–15 of the General Schedule under sec- (A) in the first sentence, by striking ‘‘Librar- other provision of this section shall relieve such tion 5108 of title 5, United States Code, for each ian of Congress’’ and inserting ‘‘Librarian of Director of the Institute of Museum and Library day (including travel time) during which such Congress, the Director of the Institute of Mu- Services of responsibility for the administration member is engaged in the performance of the du- seum and Library Services (who shall serve as of such functions. ties of the Museum Board. All members of the an ex officio, nonvoting member),’’; Museum Board who are officers or employees of (e) REORGANIZATION.—The Director of the In- (B) in the second sentence— stitute of Museum and Library Services may al- the Federal Government shall serve without (i) by striking ‘‘special competence or interest locate or reallocate any function transferred compensation in addition to compensation rein’’ and inserting ‘‘special competence in or under subsection (b) among the officers of the ceived for their services as officers or employees knowledge of’’; and of the Federal Government. (ii) by inserting before the period the follow- Institute of Museum and Library Services, and may establish, consolidate, alter, or discontinue ‘‘(2) TRAVEL EXPENSES.—The members of the ing: ‘‘and at least one other of whom shall be Museum Board may be allowed travel expenses, knowledgeable with respect to the library and such organizational entities in the Institute of including per diem in lieu of subsistence, in the information service and science needs of the el- Museum and Library Services as may be nec- same amounts and to the same extent, as au- derly’’; essary or appropriate. (f) RULES.—The Director of the Institute of thorized under section 5703 of title 5, United (C) in the third sentence, by inserting ‘‘ap- Museum and Library Services may prescribe, in States Code, for persons employed intermittently pointive’’ before ‘‘members’’; and accordance with chapters 5 and 6 of title 5, in Federal Government service. (D) in the last sentence, by striking ‘‘term and United States Code, such rules and regulations ‘‘(i) COORDINATION.—The Museum Board, at least’’ and all that follows and inserting as the Director of the Institute of Museum and with the advice of the Director, shall take steps ‘‘term.’’; and Library Services determines to be necessary or to ensure that the policies and activities of the (2) in subsection (b), by striking ‘‘the rate appropriate to administer and manage the func- Institute are coordinated with other activities of specified’’ and all that follows through ‘‘and tions of the Institute of Museum and Library the Federal Government. while’’ and inserting ‘‘the daily equivalent of Services. ‘‘SEC. 276. AUTHORIZATION OF APPROPRIATIONS. the maximum rate authorized for a position above grade GS–15 of the General Schedule (g) TRANSFER AND ALLOCATIONS OF APPRO- ‘‘(a) GRANTS.—For the purpose of carrying PRIATIONS AND PERSONNEL.—Except as other- out this subtitle, there are authorized to be ap- under section 5108 of title 5, United States Code, for each day (including traveltime) during wise provided in this section, the personnel em- propriated to the Director $28,700,000 for the fis- ployed in connection with, and the assets, li- cal year 1997, and such sums as may be nec- which the members are engaged in the business of the Commission. While’’. abilities, contracts, property, records, and unex- essary for each of the fiscal years 1998 through pended balances of appropriations, authoriza- 2002. SEC. 213. TRANSFER OF FUNCTIONS FROM INSTI- TUTE OF MUSEUM SERVICES. tions, allocations, and other funds employed, ‘‘(b) ADMINISTRATION.—Not more than 10 per- used, held, arising from, available to, or to be cent of the funds appropriated under this sec- (a) DEFINITIONS.—For purposes of this section, unless otherwise provided or indicated by made available in connection with the functions tion for a fiscal year may be used to pay for the transferred by this section, subject to section administrative costs of carrying out this sub- the context— (1) the term ‘‘Federal agency’’ has the mean- 1531 of title 31, United States Code, shall be title. ing given to the term ‘‘agency’’ by section 551(1) transferred to the Institute of Museum and Li- ‘‘(c) SUMS REMAINING AVAILABLE.—Sums ap- of title 5, United States Code; brary Services. Unexpended funds transferred propriated pursuant to subsection (a) for any (2) the term ‘‘function’’ means any duty, obli- pursuant to this subsection shall be used only fiscal year shall remain available for obligation gation, power, authority, responsibility, right, for the purposes for which the funds were origi- until expended.’’. privilege, activity, or program; and nally authorized and appropriated. SEC. 212. NATIONAL COMMISSION ON LIBRARIES (3) the term ‘‘office’’ includes any office, ad- (h) INCIDENTAL TRANSFERS.—The Director of AND INFORMATION SCIENCE. ministration, agency, institute, unit, organiza- the Office of Management and Budget, at such (a) FUNCTIONS.—Section 5 of the National tional entity, or component thereof. time or times as the Director shall provide, may Commission on Libraries and Information (b) TRANSFER OF FUNCTIONS FROM THE INSTI- make such determinations as may be necessary Science Act (20 U.S.C. 1504) is amended— TUTE OF MUSEUM SERVICES AND THE LIBRARY with regard to the functions transferred by this (1) by redesignating subsections (b) through PROGRAM OFFICE.—There are transferred to the section, and make such additional incidental (d) as subsections (d) through (f), respectively; Director of the Institute of Museum and Library dispositions of personnel, assets, liabilities, and Services established under section 203 of the grants, contracts, property, records, and unex- (2) by inserting after subsection (a) the follow- Museum and Library Services Act— pended balances of appropriations, authoriza- ing: (1) all functions that the Director of the Insti- tions, allocations, and other funds held, used, ‘‘(b) The Commission shall have the respon- tute of Museum Services exercised before the arising from, available to, or to be made avail- sibility to advise the Director of the Institute of date of enactment of this section (including all able in connection with such functions, as may Museum and Library Services on general poli- related functions of any officer or employee of be necessary to carry out this section. The Di- cies with respect to the duties, powers, and au- the Institute of Museum Services); and rector of the Office of Management and Budget thority of the Institute of Museum and Library (2) all functions that the Director of Library shall provide for the termination of the affairs Services relating to library services, including— Programs in the Office of Educational Research of all entities terminated by this section and for October 3, 1996 CONGRESSIONAL RECORD — SENATE S12397

such further measures and dispositions as may (5) ADMINISTRATIVE ACTIONS RELATING TO Director of the Office of Library Programs in be necessary to effectuate the purposes of this PROMULGATION OF REGULATIONS.—Any adminis- the Office of Educational Research and Im- section. trative action relating to the preparation or pro- provement in the Department of Education to (i) EFFECT ON PERSONNEL.— mulgation of a regulation by the Institute of the activities administered by the Institute for (1) IN GENERAL.—Except as otherwise provided Museum Services relating to a function trans- Museum and Library Services. In no event shall by this section, the transfer pursuant to this ferred under this section may be continued by the amount of funds transferred pursuant to the section of full-time personnel (except special the Institute of Museum and Library Services preceding sentence be less than $200,000. Government employees) and part-time personnel with the same effect as if this section had not TITLE III—HIGHER EDUCATION holding permanent positions shall not cause any been enacted. Subtitle A—Debt Reduction such employee to be separated or reduced in (k) TRANSITION.—The Director of the Institute SEC. 301. UNSUBSIDIZED STUDENT LOANS. grade or compensation for 1 year after the date of Museum and Library Services may utilize— (a) AMENDMENT.—Paragraph (1) of section of transfer of such employee under this section. (1) the services of such officers, employees, 428H(f) of the Higher Education Act of 1965 (20 (2) EXECUTIVE SCHEDULE POSITIONS.—Except and other personnel of the Institute of Museum U.S.C. 1078–8(f)(1)) is amended to read as fol- as otherwise provided in this section, any per- Services with respect to functions transferred to lows: son who, on the day preceding the effective date the Institute of Museum and Library Services by ‘‘(1) AMOUNT OF ORIGINATION FEE.—Except as of this section, held a position compensated in this section; and provided in paragraph (5), an origination fee accordance with the Executive Schedule pre- (2) funds appropriated to such functions for shall be paid to the Secretary with respect to scribed in chapter 53 of title 5, United States such period of time as may reasonably be needed each loan under this section in the amount of Code, and who, without a break in service, is to facilitate the orderly implementation of this 3.0 percent of the principal amount of the loan. appointed in the Institute of Museum and Li- section. Each lender under this section is authorized to brary Services to a position having duties com- (l) REFERENCES.—A reference in any other charge the borrower for such origination fee, parable to the duties performed immediately pre- Federal law, Executive order, rule, regulation, provided that the lender assesses the same fee to ceding such appointment shall continue to be or delegation of authority, or any document of all student borrowers. Any such fee charged to compensated in such new position at not less or relating to— the borrower shall be deducted proportionately than the rate provided for such previous posi- (1) the Director of the Institute of Museum from each installment payment of the proceeds tion, for the duration of the service of such per- Services with regard to functions transferred of the loan prior to payment to the borrower.’’. son in such new position. under subsection (b), shall be deemed to refer to (b) CONFORMING AMENDMENTS.—Section (j) SAVINGS PROVISIONS.— the Director of the Institute of Museum and Li- 428H(f) of such Act is further amended— (1) CONTINUING EFFECT OF LEGAL DOCU- brary Services; and (1) in paragraph (3), by striking ‘‘the origina- MENTS.—All orders, determinations, rules, regu- (2) the Institute of Museum Services with re- tion fee’’ and inserting ‘‘any origination fee lations, permits, agreements, grants, contracts, gard to functions transferred under subsection that is charged to the borrower’’; certificates, licenses, registrations, privileges, (b), shall be deemed to refer to the Institute of (2) in paragraph (4), by striking ‘‘origination and other administrative actions— Museum and Library Services. fees authorized to be collected from borrowers’’ (A) that have been issued, made, granted, or (m) ADDITIONAL CONFORMING AMENDMENTS.— and inserting ‘‘origination fees required under allowed to become effective by the President, (1) RECOMMENDED LEGISLATION.—After con- paragraph (1)’’; and any Federal agency or official of a Federal sultation with the appropriate committees of (3) by adding at the end the following new agency, or by a court of competent jurisdiction, Congress and the Director of the Office of Man- paragraph: ‘‘(6) EXCEPTION.—Notwithstanding paragraph in the performance of functions that are trans- agement and Budget, the Director of the Insti- (1), a lender may assess a lesser origination fee ferred under this section; and tute of Museum and Library Services shall pre- for a borrower demonstrating greater financial (B) that were in effect before the effective date pare and submit to the appropriate committees need as determined by such borrower’s adjusted of this section, or were final before the effective of Congress recommended legislation containing gross family income.’’. date of this section and are to become effective technical and conforming amendments to reflect the changes made by this section. (c) REPORT ON COMPETITIVE ALLOCATION.— on or after the effective date of this section; Within 60 days after the date of enactment of (2) SUBMISSION TO CONGRESS.—Not later than shall continue in effect according to their terms 6 months after the effective date of this section, this Act, the Secretary of Education shall sub- until modified, terminated, superseded, set the Director of the Institute of Museum and Li- mit to each House of the Congress a legislative aside, or revoked in accordance with law by the proposal that would permit the Secretary to al- brary Services shall submit to the appropriate President, the Director of the Institute of Mu- locate the right to make subsidized and committees of Congress the recommended legisla- seum and Library Services or other authorized unsubsidized student loans on the basis of com- tion referred to under paragraph (1). official, a court of competent jurisdiction, or by petitive bidding. Such proposal shall include operation of law. SEC. 214. SERVICE OF INDIVIDUALS SERVING ON provision to ensure that any payments received DATE OF ENACTMENT. (2) PROCEEDINGS NOT AFFECTED.—This section from such competitive bidding are equally allo- shall not affect any proceedings, including no- Notwithstanding section 204 of the Museum cated to deficit reduction and to pro rata reduc- tices of proposed rulemaking, or any application and Library Services Act, the individual who tion of origination fees in both guaranteed and for any license, permit, certificate, or financial was appointed to the position of Director of the direct student loans. Institute of Museum Services under section 205 assistance pending before the Institute of Mu- SEC. 302. STUDY OF LOAN FEES. of the Museum Services Act (as such section was seum Services on the effective date of this sec- (a) STUDY REQUIRED.—The Secretary of Edu- tion, with respect to functions transferred by in effect on the day before the date of enactment cation shall conduct a statistical analysis of the this section. Such proceedings and applications of this Act) and who is serving in such position subsidized and unsubsidized student loan pro- shall be continued. Orders shall be issued in on the day before the date of enactment of this grams under part B of title IV of the Higher such proceedings, appeals shall be taken from Act shall serve as the first Director of the Insti- Education Act of 1965 to gather data on lenders’ the orders, and payments shall be made pursu- tute of Museum and Library Services under sec- use of loan fees and to determine if there are ant to the orders, as if this section had not been tion 204 of the Museum and Library Services Act any anomalies that would indicate any institu- enacted, and orders issued in any such proceed- (as added by section 211 of this title), and shall tional, programmatic or socioeconomic discrimi- ings shall continue in effect until modified, ter- serve at the pleasure of the President. nation in the assessing or waiving such fees. minated, superseded, or revoked by a duly au- SEC. 215. CONSIDERATION. (b) REPORT.—The Secretary of Education thorized official, by a court of competent juris- Consistent with title 5, United States Code, in shall submit to each House of the Congress a re- diction, or by operation of law. Nothing in this appointing employees of the Office of Library port on the study required by subsection (a) paragraph shall be construed to prohibit the dis- Services, the Director of the Institute of Museum within 2 years after the date of enactment of continuance or modification of any such pro- and Library Services shall give strong consider- this Act. ceeding under the same terms and conditions ation to individuals with experience in admin- (c) STATISTICAL CHARACTERISTICS TO BE and to the same extent that such proceeding istering State-based and national library and STUDIED.—In conducting the study required by could have been discontinued or modified if this information services programs. subsection (a), the Secretary of Education shall section had not been enacted. SEC. 216. TRANSITION AND TRANSFER OF FUNDS. compare recipients of loans on the basis of in- (3) SUITS NOT AFFECTED.—This section shall (a) TRANSITION.—The Director of the Office of come, residence location, type and location of not affect suits commenced before the effective Management and Budget shall take appropriate higher education, program of instruction and date of this section, and in all such suits, pro- measures to ensure an orderly transition from type of lender. ceedings shall be had, appeals taken, and judg- the activities previously administered by the Di- Subtitle B—Financial Responsibility ments rendered in the same manner and with rector of Library Programs in the Office of Edu- Standards the same effect as if this section had not been cational Research and Improvement in the De- SEC. 311. EXTENSION OF PUBLIC COMMENT PE- enacted. partment of Education to the activities adminis- RIOD. (4) NONABATEMENT OF ACTIONS.—No suit, ac- tered by the Institute for Museum and Library The Secretary of Education shall extend until tion, or other proceeding commenced by or Services under this title. Such measures may in- December 1, 1996, the period for public comment against the Institute of Museum Services, or by clude the transfer of appropriated funds. on rules published in the Federal Register on or against any individual in the official capac- (b) TRANSFER.—The Secretary of Education September 20, 1996 (61 Fed. Reg. 49552), relating ity of such individual as an officer of the Insti- shall transfer to the Director the amount of to financial responsibility standards for institu- tute of Museum Services, shall abate by reason funds necessary to ensure the orderly transition tions participating in higher education proof the enactment of this section. from activities previously administered by the grams (34 C.F.R. part 668). The Secretary shall S12398 CONGRESSIONAL RECORD — SENATE October 3, 1996 publish such rules in final form by February 1, The bill that the House adopted ad- the tide of invasive species in our Na- 1997. Notwithstanding section 482(c) of the dresses a concern of the Commerce tion’s waterways. Higher Education Act of 1965 (20 U.S.C. 1089(c)), Committee on vessel safety that the Mr. ABRAHAM. Mr. President, I rise such rules shall, if so published by such date, be shipping industry has raised. It would to express my support for passage of effective for award year 1997–98. simply allow vessels to continue to dis- the National Invasive Species Act of Mr. LOTT. Mr. President, I ask unan- charge their ballast water in a harbor 1996 [NISA]. NISA reauthorizes and imous consent that the Senate disagree if during their voyage they could not amends the Nonindigenous Aquatic to the amendment of the House. exchange their ballast water on the Nuisance Prevention and Control Act The PRESIDING OFFICER. Without high seas due to safety concerns. This of 1990, a measure that passed with objection, it is so ordered. provision and the bill itself has the wide bipartisan support in response to f support of the shipping industry, port concern over the potential impact of NATIONAL INVASIVE SPECIES ACT authorities and the U.S. Coast Guard. the Eurasian ruffe on the Great Lakes OF 1996 In closing, Mr. President, I urge my fishery [NANPCA]. NANPCA set forth a colleagues to support the adoption of national program for preventing, re- Mr. LOTT. Mr. President, I ask unan- searching, monitoring, and controlling imous consent that H.R. 4283 be re- H.R. 4283. Mr. CHAFEE. Mr. President, I come infestations in U.S. waters of alien ferred to the Committee on Environ- to the floor today to say a few words on aquatic species. NISA continues these ment and Public Works, the bill be im- final passage of H.R. 4283, the National important measures, and includes some mediately discharged and referred to Invasive Species Act of 1996. additional important provisions. the Committee on Science, Commerce The threat posed by nonindigenous NISA directs the Department of and Transportation, and the bill then aquatic nuisance species was first Transportation to develop voluntary be immediately discharged and the brought to this Nation’s attention in guidelines, recordkeeping and report- Senate proceed to its consideration. the 1980’s when we witnessed the dev- ing procedures, and sampling tech- The PRESIDING OFFICER. Without niques to prevent the introduction and astating effect of the zebra mussel in- objection, it is so ordered. The clerk spread of nonindigenous species into festation in the Great Lakes region. It will report. U.S. waters. Since, the primary means was then that we learned such nuisance The legislative clerk read as follows: of prevention are measures addressing species are typically introduced A bill (H.R. 4283) to provide for ballast the exchange of ballast water, this leg- through the ballast water exchange of water management to prevent the introduc- islation will develop suggested direc- vessels. Congress responded to this tion and spread of nonindigenous species into tion for ballast exchange outside the the waters of the United States, and for threat with the Nonindigenous Aquatic U.S. exclusive economic zone and will other purposes. Nuisance Prevention and Control Act authorize ecological and ballast dis- The PRESIDING OFFICER. Is there of 1990—legislation which established a charge surveys to be conducted in high- objection to the immediate consider- program to research, prevent, and con- ly susceptible waters. In the effort to ation of the bill? trol the unintentional introduction of develop other ways to repel these un- There being no objection, the Senate nonindigenous species into the Great welcome intruders, the Interior and proceeded to consider the bill. Lakes. Transportation Secretaries will under- Mr. PRESSLER. Mr. President, I rise Clearly, the problem of nuisance spe- take a demonstration of technologies to support adoption of H.R. 4283, the cies is not limited to the Great Lakes. and practices which may prevent the National Invasive Species Act of 1996. Invasions of nonindigenous species into introduction and spread of such spe- Mr. President, this bill addresses a marine and fresh waters of the United cies. Finally, if the spread of the zebra nationwide problem—nonindigenous States can have significant economic mussel has demonstrated anything, it species invading new habitats. This has and environmental consequences. That has shown us how important regional tremendous impacts not only on na- is why the legislation approved by the coordination is to the control of tives species in the aquatic environ- Senate today goes beyond the Great invasive animals. Therefore, this act ment but, in some areas, our commu- Lakes region and establishes a vol- encourages the formation of regional nities as well. untary program for ballast water man- panels to participate in activities to This bill would control nonindige- agement that is national in scope. control the introduction of aquatic nous species by establishing a vol- Mr. President, I was deeply distressed nuisance species. untary national ballast water manage- to learn that non-native species have Mr. President, the impact of invasive ment program, and funding for re- invaded the Narragansett Bay in Rhode species in the Great Lakes has been search and implementation. Island. Recently, a number of invasive enormous. In 1950, the Great Lakes Earlier this year, Senator GLENN had plant species have been discovered. fishery nearly collapsed under its as- introduced S. 1660, a similar bill to Also, there is grave concern that the sault. Were it not for the constant ef- that of the House. Under an earlier Japanese shore crab may have arrived. forts of the Great Lakes Fisheries unanimous-consent agreement, S. 1660 If that is the case, Rhode Island’s oys- Commission and the Great Lakes Envi- was referred to the Committee on Envi- ter beds will be greatly disrupted. ronmental Research Laboratory, a ronment and Public Works. Following That is why the original version of similarly dire situation could occur. action in that committee, the bill this bill, H.R. 3217, was modified at my Michigan in particular has suffered would have been referred to the Com- request to include an amendment au- greatly from the effects of nonindige- mittee on Commerce, Science, and thorizing the appropriation of $1 mil- nous plants and animals. In my State, Transportation since the Commerce lion for use by Rhode Island’s Depart- the uncontrollable spread of the zebra Committee shares jurisdiction on this ment of Environmental Management to mussel shut down the Monroe city issue. Likewise, H.R. 3217, a bill intro- address this problem. The pending bill, water supply for 2 days in 1990 and con- duced by Congressman LATOURETTE H.R. 4283, includes my amendment. tributed to sewage overflow in Lake St. was adopted by the House, sent to the These funds will allow the department Clair. Without steps to curb the intro- Senate and referred to the Environ- to carry out research on the preven- duction and spread of such invasive ment and Public Works Committee. tion, monitoring, and control of aquat- species, the Great Lakes region, and This bill, if acted upon, would have ic nuisance species in Narragansett other coastal States, can expect simi- also been referred to the Committee Bay. It is imperative that we have a lar incidents in the future. Committee. full inventory of the non-native species The spread of the zebra mussel, the Mr. President, while this procedure is that have invaded the Bay. Once we sea lamprey, and other invaders have somewhat different than our normal have done so, we can work to manage had a proven, negative impact on Great order for legislation, Senator ABRA- the situation and hopefully, avoid fu- Lakes native species. Mr. President, I HAM, a member of the Commerce Com- ture infestations. was happy to join as a cosponsor of leg- mittee, has been very interested in ad- Mr. President, this is a good bill and islation to control their spread, and I dressing this issue. I am pleased that I applaud the Senate for its prompt ac- hope that the Senate can pass this rea- we are able to accommodate his desires tion. It is my hope that the National sonable, voluntary approach to curbing by adopting this bill today. Invasive Species Act of 1996 will stem these species today. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12399 Mr. GLENN. Mr. President, I rise in is the host of a dangerous parasite has begin to address concerns of other U.S. support of H.R. 4283, the National been found in U.S. waters within the coastal regions. The Coast Guard is di- Invasive Species Act of 1996 and urge Gulf of Mexico, fortunately not yet es- rected to issue ballast management my colleagues to join me in approving tablished. guidelines for all vessels visiting U.S. this measure. I authored and intro- In 1990, I authored and Congress en- ports after operating outside the exclu- duced S. 1660, the National Invasive acted the Nonindigenous Aquatic Nui- sive economic zone. Consistent with Species Act, in cooperation with a sance Prevention and Control Act to the Great Lakes program, I want to broad community of interest groups begin to address the tremendous prob- stress that this program puts safety and regional delegations. Nineteen fel- lem of unintentional invasions of first. The guidelines will protect the low Senators, from both sides of the aquatic species into the Great Lakes safety of vessel and crew, whatever aisle joined me in gaining passage of and other U.S. waters. The 1990 act that may entail. this critical bill. I am particularly consisted of two basic parts: A regional There will be no penalty against ves- grateful to my Ohio colleague, Con- program to prevent new introductions sels which do not participate in the ini- gressman STEVE LATOURETTE, for his of species into the Great Lakes by the tial national program, though record- skilled leadership in introducing and ballast water; and a national program keeping by vessels to document par- gaining House passage of H.R. 4283, the of monitoring, management and con- ticipation is required. However, in the companion to my bill, S. 1660. trol of invasive species once estab- interest of maintaining a level playing The National Invasive Species Act of lished in U.S. waters. Most of the revi- field nationally, the Coast Guard has 1996 addresses the growing problem of sions contained in H.R. 4283 revise the authority to issue the same guidelines the unintentional introduction of prevention portion of the act. as regulations in regions where a re- aquatic nuisance species into the wa- As you know, ballast water is the view of ship records reveals poor co- ters of our Nation via the ballast water leading vector for unintentional trans- operation with the voluntary approach. of vessels. The National Invasive Spe- fers of nonindigenous species into U.S. Thus, the maritime industry would see cies Act will prevent the introduction waters. Ships carry ballast water to only one set of rules nationally. How- of these pest species through the estab- maintain trim when they are empty or ever, over time, there may be enforce- partially empty of cargo. They dis- lishment of a national ballast management associated with the guidelines in charge this water at their ports of call. ment program. In addition, it will set certain regions. Of great interest to the An estimated 21 billion gallons of bal- up a national program of monitoring, Great Lakes community, the successful last water from vessels from foreign management and control of invasive Great Lakes regulatory program reports is discharged into U.S. waters species already established in U.S. wa- mains in place. ters. The bill before us represents a each year. That’s 58 million gallons per For better prevention of invasions in consensus among interest groups. The day, and 2.4 million gallons per hour. the future, a demonstration program is environmental programs it sets forth This ballast water contains just about established in the act. Over time new everything and anything that was in are both reasonable and effective. technologies and practices may replace the harbor from which the water was In the Great Lakes region, we spend ballast exchange as safer and more ef- drawn. It is estimated that 3,000 species millions of dollars annually to battle fective means of prevention. Other of aquatic organisms are in transit in sea lamprey and zebra mussel infesta- changes to the 1990 program which are ballast tanks around the world in any tions, I can attest that such biological contained in our National Invasive given 24-hour period. Most of these or- spills can and do happen elsewhere, Species Act of 1996 include (1) the au- ganisms will come to nothing in the re- their impacts on the receiving system thorization of research in several ceiving ports, but any one of them are additive, and the resource degrada- coastal regions—including the Chesa- could cause billions of dollars of dam- tion is permanent. The zebra mussel, a peake Bay, Lake Champlain, the Mis- age. It’s a huge gamble. Even human native species of Eastern Europe, has cholera is transported in ballast water sissippi River and the Gulf of Mexico— spread throughout the United States and has been detected in ships visiting which are at particular risk of degrada- from the Great Lakes where it was un- Mobile Bay and the Chesapeake, among tion by species invasions; (2) voluntary intentionally introduced in ballast other regions. guidelines to help recreational boaters water of commercial vessels. Wherever Fortunately, a ballast management to prevent unintentional transfer of it becomes established, the zebra mus- practice known as high seas ballast ex- zebra mussels; and (3) provisions to en- sel threatens the economy and the en- change can greatly reduce the transfers courage more regions to set up coordi- vironment. It clogs intake pipes, fouls of dangerous organisms through ballast nating panels and develop State man- drinking water, and covers swimming water. This technique is not applicable agement plans for invasive species pre- beaches with sharp shells. It has cost in all circumstances; it cannot be em- vention and control. Though now much $120 million over 5 years in direct costs ployed in stormy weather and with broader in scope, I am proud to an- to the raw water industry of our re- some types of vessels. However, if ap- nounce that the overall cost of the Na- gion. The zebra mussel also contrib- plied where it can be employed safely, tional Invasive Species Act of 1996 does uted to the loss of many highly valued it would result in a substantial reduc- not exceed that of the 1990 law. native species of freshwater mussel in tion in the risk of invasive species Recent discussions with interest both the Great Lakes and the Mis- transfers into our waters. It is for this groups have revealed gaps in S. 1660, sissippi River. reason that the International Maritime which I have urged the lead sponsor of The Great Lakes are not the only Organization already encourages bal- the House companion legislation, Con- entry way for invasive species into U.S. last management practices for com- gressman STEVE LATOURETTE, and my waters. In March, I hosted a National mercial vessels. Senate colleagues to address. I am Forum on Nonindigenous Species Inva- The 1990 law included a voluntary pleased that H.R. 4283 accommodates sions of U.S. Marine and Fresh Waters. ballast management program for the these concerns. For example, H.R. 4283 At the day-long event, experts from Great Lakes which automatically be- addresses the need for research on the around the country cited serious spe- came regulatory in 1992. The act as- fragile and precious natural resources cies invasion in just about all of Amer- signed the Coast Guard the task of con- of California, Rhode Island, and the Co- ica’s fresh and marine waters. Bio- sulting with the maritime industry and lumbia River. Establishment of an eco- diversity and economic well-being are Canada to develop voluntary guide- logical baseline and identification of suffering due to invasions of nonindige- lines, conducting education and out- alien species impacts in these regions nous species in the Pacific Northwest, reach, and, after 2 years, promulgating will help us to ascertain whether our San Francisco Bay, the Pacific Islands, regulations to help reduce the prob- protection efforts are adequate. the Gulf of Mexico, the Mississippi ability of new introductions of alien A second set of concerns arose from River, the Atlantic coasts, the Great species by commercial vessels into the the maritime industry. Senator JOHN- Lakes and Lake Champlain. In particu- Great Lakes. This program has been STON and I convened the leaders of this lar, studies show that a new species of highly successful. industry in Washington about a month aquatic organism invades San Fran- My 1996 proposal establishes a na- ago to explore their position on the cisco Bay every 12 weeks. A crab which tional ballast management program to legislation and seek ways to increase S12400 CONGRESSIONAL RECORD — SENATE October 3, 1996 their level of support without com- oil tankers engaged in coastwise trade. clam—like organism attaches itself to promising the effectiveness of the leg- Most of this trade takes place along any solid surface, including the shells islation. While their initial response the West Coast and while coast-wise, of our native snails and clams. The na- was skeptical and critical of the poten- some of these vessels will exit the ex- tives are smothered by the newcomer. tial for regulation within NISA, ulti- clusive economic zone and ply the The newcomer, in its multitudes, feeds mately they agreed to the legislation if high-seas on their way to Alaska from on microscopic plants and animals certain clarifications were made in the Hawaii or California. I am happy to say from the water, and thereby filters legislative language. These clarifica- Senator STEVENS has included an away all of the food for the native spe- tions—already a matter of Coast Guard amendment reflected in H.R. 4283 cies. policy—concern the priority on vessel which evaluates the potential for up- I am told that with the 2.4 million safety, international consistency, and grading a shore-side treatment facility, gallons of ballast water discharged into he equitable treatment of foreign and currently targeted at removing hydro- U.S. ports every hour comes every or- U.S.-flag vessels. carbons from ballast water, for use in ganism that was picked up elsewhere With respect to ship safety, the bill preventing non-native species transfer. and that survived the trip. Fortunately now explicitly gives sole discretion I would like to close by pointing out for all of us, very few of the estimated over safety to the ship master. The that biological pollution of U.S. wa- 3,000 species of organisms in transit Coast Guard does not want to be put in ters, so far, has not had serious public every day survive when they are dis- the position of second-guessing the health implications. But the 1992 trans- charged. But, when they do, we have ship’s master on safety, unless the call fer of human cholera from South Amer- the makings of serious trouble on our is not made in good faith. While the ican ports to the shellfish beds of Mo- hands as in the case of the zebra mus- safety exemption clearly could still be bile Bay via ballast water of commer- sel. exploited by those who simply do not cial vessels reminds us that our luck Nearly every part of the country has want to undertake an exchange, ship may not hold forever. It is in every- been affected by this game of chance. masters have highly responsible posi- one’s interest to improve our Nation’s From the Chesapeake Bay, to Honolulu tions and we would expect them to act precautions against invasions of aquat- Harbor, including San Francisco Bay, responsibly with respect to these and many places in between the prob- guidelines. In addition, by measuring ic nuisance species. Clearly, at this juncture, we do not lems created by invasive non-native the rate at which the safety exemption have all the answers necessary to solve is utilized, we can gauge the extent to species are immense. This bill has been developed with the which the use of it may impede effec- the problem of unintentional transfer cooperation of the U.S. maritime in- tive prevention of new invasions. We of species via ballast water. H.R. 4283 may find that alternative technologies has been carefully crafted to both gen- dustry and the U.S. port authorities. should replace ballast exchange. H.R. erate and accommodate new informa- We have assured ourselves that the vol- 4283 also assures that additional re- tion that will lead to rapid progress in untary program for ballast water ex- quirements will not be imposed upon protecting the natural resource wealth change will not cause unsafe conditions vessels that exercise the safety exemp- of our coasts. Unusual in the environ- for our ships at sea. And we have been tion from national ballast exchange re- mental arena, this issue offers us ‘‘low- assured that this bill be extremely im- quirements. This provision does not af- hanging fruit’’ and bipartisan enthu- portant in protecting our ports, water fect the Great Lakes region, where an siasm. I am grateful to my colleagues systems, and waterways from the eco- alternative exchange zone is already for joining in support of the National nomic impacts of invasive species. identified and convenient for vessels. Invasive Species Act and urge enact- There is no intent to try to control For the national program, because al- ment of this legislation this year. intentional introductions of useful or- ternatives are not yet identified, the Mr. KEMPTHORNE. Mr. President, ganisms, or invasive species in terres- Coast Guard is likely to encourage a in order to protect our native aquatic trial environments through this bill. vessel master using the safety exemp- plants and animals, we seek to pass We recognize that non-native species tion to attempt alternative actions to H.R. 4283, the National Invasive Spe- have been tremendously beneficial to reduce the amount of unexchanged bal- cies Act of 1996. This bill amends the us by enhancing recreational opportu- last that is discharged into one of our Nonindigenous Aquatic Nuisance Pre- nities such as sport fishing, providing harbors, but leave the exercise of them vention and Control Act of 1990 (P.L. reliable sources of protein through to the master’s discretion. In addition, 101–646), to establish a voluntary pro- mariculture and aquaculture, and by the bill now explicitly requires the gram to prevent the unintentional in- improving human existence through equal treatment of United States and troduction of non-native invasive spe- the pet and aquarium trade. foreign-flag operators and encourages cies through ballast water manage- We understand perfectly well that in- consistency of our guidelines with any ment. And, we will take one more step tentional introductions are one thing, international regulatory regime estab- to manage to the best of our ability a if they have been well studied, and lished through the International Mari- particularly bad actor, the zebra mus- have been introduced for a purpose. time Organization. sel. But, the game of roulette that is rep- Finally, to benefit all of us in assess- By passing this bill, we will be one resented by ballast water introductions ing the adequacy of the program, the step closer to taking control of the is something we cannot let continue. legislation includes a report to Con- most common way that non-native spe- For example, late last year a 2-inch gress by the Coast Guard after 2 years cies come to the United States—ballast predatory shrimp native to China was of implementation of the national water. Ballast water is carried in the found near Portland, Oregon in the Co- guidelines. While it will consume some holds of ships for stability as they lumbia River. What effect this new spe- time, this report will assess for all to travel empty or partly empty on the cies will have on the Columbia and see, the rate of compliance by vessels, high seas. When the ships get to port, Snake River insect life is still to be de- the extent to which the safety exemp- they discharge the water to make room termined. My fear is that they will de- tion has been utilized, the effectiveness for cargo. prive the migrating salmon smoults of of the guidelines at preventing new in- When ballast water is discharged, all important food sources while they troductions of exotic species, and the of the species that were picked up in a work their way from their native regions—if any—in which the Coast foreign port are discharged with them. streams to the sea. One thing the Guard intends to enforce the guidelines The zebra mussel came to the Great beleagured salmon and steelhead do due to poor compliance. The report will Lakes in this manner. And, the zebra not need at this time is another com- give Congress and the public a chance mussel has now colonized the Mis- petitor for their food sources. to review prevention program imple- sissippi River drainage and is headed There is evidence that unintentional mentation and its effectiveness at both east and west. introductions of non-native animals meeting our resource protection and It turns out the zebra mussel, like cause the endangerment of native spe- ship safety needs. many non-native invasive species, has cies. One fisheries biologist, D.R. In a last minute change, the House ecological implications far wider than Lassuy estimates that non-native spe- also included an exemption for crude just its mere presence. This tiny cies contributed to 68 percent of the October 3, 1996 CONGRESSIONAL RECORD — SENATE S12401 fish extinctions in the past 100 years, the motion to reconsider be laid upon the measure be placed at the appro- and the decline of 70 percent of the fish the table, and any statements relating priate place in the RECORD. species listed by the Endangered Spe- to the resolution appear at the appro- The PRESIDING OFFICER. Without cies Act. priate place in the RECORD. objection, it is so ordered. But what is known about the effect I might say, this compact is among The bill (H.R. 1874) was deemed read of non-native invasive species is great- the States of Delaware, Florida, Geor- the third time and passed. er still. For example, it is thought by gia, Louisiana, Maryland, Mississippi, f many accidentally introduced New Missouri, Oklahoma, South Carolina, WAR CRIMES DISCLOSURE Zealand mud snails have contributed South Dakota, Tennessee, Virginia, directly to the decline of the native and West Virginia. Mr. LOTT. Mr. President, I ask unan- fauna in the Snake River, and led to The PRESIDING OFFICER. Without imous consent that the Senate now the proposal to list at least one of the objection, it is so ordered. proceed to consideration of H.R. 1281, Snake River snails as endangered. The joint resolution (H.J. Res. 193) received from the House. We hope that the Senate will quickly was deemed read the third time and The PRESIDING OFFICER. The pass H.R. 4283. By passing this bill we passed. clerk will report. will take one very important step to f The legislative clerk read as follows: protect our aquatic habitats from non- A bill (H.R. 1281) to express the sense of the native species. WASHINGTON METROPOLITAN Congress that it is the policy of the Congress that United States Government agencies in BALLAST EXCHANGE AREA TRANSIT REGULATION COMPACT AMENDMENTS possession of records about individuals who Mr. BREAUX. Mr. President, a prior- are alleged to have committed Nazi war ity for me in the National Invasive Mr. LOTT. Mr. President, I ask unan- crimes should make those records public. Species Act has been to establish a bal- imous consent that the Senate proceed The PRESIDING OFFICER. Is there last technology demonstration pro- to the consideration of House Joint objection to the immediate consider- gram to usher in the development of Resolution 194. ation of the bill? safer and more reliable alternatives to The PRESIDING OFFICER. The There being no objection, the Senate ballast exchange. I note that in H.R. clerk will report. proceeded to consider the bill. 4283, the Secretary of Interior and the The legislative clerk read as follows: Mr. MOYNIHAN. Mr. President, I rise Administrator of the National Oceanic A joint resolution (H.J. Res. 194) granting today in strong support of H.R. 1281, and Atmospheric Administration im- the consent of the Congress to amendments the War Crimes Disclosure Act, which plement this important program in co- made by Maryland, Virginia, and the Dis- expresses the sense of Congress that operation with the Secretary of Trans- trict of Columbia to the Washington Metro- politan Area Transit Regulation Compact. Government agencies in possession of portation Administration. I believe the records documenting Nazi war crimes Secretary of Transportation should in- The PRESIDING OFFICER. Is there should declassify such records and re- volve its Office of Shipbuilding and objection to the immediate consider- lease them to the public. Technology which already has years of ation of the joint resolution? Ideally, in a democracy, all govern- experience in ballast technology in this There being no objection, the Senate ment information belongs to the peo- program. proceeded to consider the joint resolu- ple, excepting such information as Mr. KEMPTHORNE. Involvement of tion. would be harmful to the body politic if that office will be important to build Mr. LOTT. Mr. President, I ask unan- made publicly available. Knowledge of upon past experience in ballast tech- imous consent that the resolution be wartime atrocities presents no threat nology development and I also urge its deemed read a third time and passed, to the American people. To the con- involvement. the motion to reconsider be laid upon trary, accurate information about the Mr. LOTT. Mr. President, I ask unan- the table, and any statements relating Nazi regime, and those who ruthlessly imous consent that the bill, which pro- to the bill be placed at the appropriate carried out its barbaric policies, can vides for the National Invasive Species place in the RECORD. only serve to deepen our understanding Act of 1996, be deemed read a third The PRESIDING OFFICER. Without of history’s darkest chapter, and time and passed, the motion to recon- objection, it is so ordered. strengthen our resolve that it never be sider be laid upon the table, and that The joint resolution (H.J. Res. 194) repeated. any statements relating to the bill ap- was deemed read the third time and On August 2, 1996, I introduced the pear at the appropriate place in the passed. War Crimes Disclosure Act (S. 2048), RECORD. f which would have amended the Free- The bill (H.R. 4283) was deemed read dom of Information Act to provide for MODIFYING BOUNDARIES OF the third time and passed. disclosure of information relating to TALLADEGA FOREST, AL f individuals who committed Nazi war Mr. LOTT. Mr. President, I ask unan- crimes. This bill, cosponsored by Sen- EMERGENCY MANAGEMENT imous consent that the Agriculture ators D’AMATO and DODD, is the Senate ASSISTANCE COMPACT Committee be immediately discharged companion to a similar measure spon- Mr. LOTT. Mr. President, I ask unan- from further consideration of H.R. 1874, sored in the House of Representatives imous consent that the Senate proceed a bill to modify the boundaries on the by my colleague from New York, the to the consideration of House Joint Talladega National Forest, AL, and the Honorable CAROLYN MALONEY. Resolution 193, which was received Senate proceed to its immediate con- Inexplicably, that measure has met from the House. sideration. with some opposition and, due to the The PRESIDING OFFICER. The The PRESIDING OFFICER. The impending adjournment of Congress, clerk will report. clerk will report. we will not be able to adopt it in its The legislative clerk read as follows: The legislative clerk read as follows: original form. Nevertheless, with the A joint resolution (H.J. Res. 193) granting A bill (H.R. 1874) to modify the boundaries passage of this amended legislation, the consent of Congress to the Emergency of the Talladega National Forest, Alabama. Congress makes an important state- Management Assistance Compact. The PRESIDING OFFICER. Is there ment in support of public disclosure of The PRESIDING OFFICER. Is there objection to the immediate consider- documents relevant to Nazi war objection to the immediate consideration of the bill? crimes. This is a first step. I do hope ation of the joint resolution? There being no objection, the Senate that we can revisit this issue in the There being no objection, the Senate proceeded to consider the bill. 105th Congress. proceeded to consider the joint resolu- Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- tion. imous consent that the bill be deemed imous consent that the bill be deemed Mr. LOTT. Mr. President, I ask unan- read a third time and passed, the mo- read a third time, passed, the motion imous consent that the resolution be tion to reconsider be laid upon the to reconsider be laid upon the table, deemed read a third time and passed, table, and any statements relating to and that any statements relating to S12402 CONGRESSIONAL RECORD — SENATE October 3, 1996 the bill be placed at the appropriate counted as satisfying any period of obligated sums as may be necessary to carry out sub- place in the RECORD. service that is required under this section. section (b).’’. The PRESIDING OFFICER. Without ‘‘(ii) The active duty service obligation of (f) SUBSTANCE ABUSE COUNSELOR EDUCATION objection, it is so ordered. that individual shall commence not later DEMONSTRATION PROGRAM.—Section 711(h) (25 than 90 days after the completion of that ad- The bill (H.R. 1281) was deemed read U.S.C. 1665j(h)) is amended by striking ‘‘1993, vanced clinical training (or by a date speci- 1994, 1995, 1996, and 1997’’ and inserting ‘‘1996 the third time and passed. fied by the Secretary). through 2000’’. f ‘‘(iii) The active duty service obligation (g) HOME AND COMMUNITY-BASED CARE DEM- will be served in the health profession of INDIAN HEALTH CARE IMPROVE- ONSTRATION PROGRAM.—Section 821(i) (25 U.S.C. that individual, in a manner consistent with 1680k(i)) is amended by striking ‘‘1993, 1994, MENT TECHNICAL CORRECTIONS clauses (i) through (v) of subparagraph (A).’’; 1995, 1996, and 1997’’ and inserting ‘‘1996 ACT OF 1996 (D) in subparagraph (C), as so redesignated, through 2000’’. Mr. LOTT. Mr. President, I ask the by striking ‘‘prescribed under section 338C of Mr. LOTT. Mr. President, I ask unan- Chair lay before the Senate a message the Public Health Service Act (42 U.S.C. 254m) by service in a program specified in imous consent that the Senate concur from the House of Representatives on subparagraph (A)’’ and inserting ‘‘described in the House amendment to the Senate (H.R. 3378) to amend the Indian Health in subparagraph (A) by service in a program amendments. Care Improvement Act to extend the specified in that subparagraph’’; and The PRESIDING OFFICER. Without demonstration program for direct bill- (E) in subparagraph (D), as so redesig- objection, it is so ordered. ing of Medicare, Medicaid, and other nated— f third party payors. (i) by striking ‘‘Subject to subparagraph The PRESIDING OFFICER laid be- (B),’’ and inserting ‘‘Subject to subparagraph AMENDING TITLE XIX OF THE fore the Senate the following message (C),’’; and SOCIAL SECURITY ACT (ii) by striking ‘‘prescribed under section from the House of Representatives: 338C of the Public Health Service Act (42 Mr. LOTT. Mr. President, I ask unan- House amendment to Senate amendment: U.S.C. 254m)’’ and inserting ‘‘described in imous consent that the Senate now In lieu of the matter proposed to be in- subparagraph (A)’’; proceed to consideration of H.R. 3632, serted by the Senate amendment to the text (2) in paragraph (4)— which is at the desk. of the bill, insert: (A) in subparagraph (B), by striking the The PRESIDING OFFICER. The SECTION 1. SHORT TITLE; REFERENCE. matter preceding clause (i) and inserting the clerk will report. (a) SHORT TITLE.—This Act may be cited as following: the ‘‘Indian Health Care Improvement Tech- ‘‘(B) the period of obligated service de- The legislative clerk read as follows: nical Corrections Act of 1996’’. scribed in paragraph (3)(A) shall be equal to A bill (H.R. 3632) to amend title XIX of the (b) REFERENCES.—Whenever in this Act an the greater of—’’; and Social Security Act to repeal the require- amendment or repeal is expressed in terms of an (B) in subparagraph (C), by striking ‘‘(42 ment for annual resident review for nursing amendment to or repeal of a section or other U.S.C. 254m(g)(1)(B))’’ and inserting ‘‘(42 facilities under the Medicaid Program and to provision, the reference shall be considered to be U.S.C. 254l(g)(1)(B))’’; and require resident reviews for mentally ill or made to a section or other provision of the In- (3) in paragraph (5), by adding at the end mentally retarded residents when there is a dian Health Care Improvement Act. the following new subparagraphs: significant change in physical or mental con- SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN ‘‘(C) Upon the death of an individual who dition. HEALTH CARE IMPROVEMENT ACT. receives an Indian Health Scholarship, any The PRESIDING OFFICER. Is there obligation of that individual for service or (a) DEFINITION OF HEALTH PROFESSION.—Sec- objection to the immediate consider- tion 4(n) (25 U.S.C. 1603(n)) is amended— payment that relates to that scholarship (1) by inserting ‘‘allopathic medicine,’’ before shall be canceled. ation of the bill? ‘‘family medicine’’; and ‘‘(D) The Secretary shall provide for the There being no objection, the Senate (2) by striking ‘‘and allied health professions’’ partial or total waiver or suspension of any proceeded to consider the bill. and inserting ‘‘an allied health profession, or obligation of service or payment of a recipient Mr. LOTT. Mr. President, I ask unan- any other health profession’’. of an Indian Health Scholarship if the Secretary imous consent that the bill be deemed (b) INDIAN HEALTH PROFESSIONS SCHOLAR- determines that— read a third time, passed, the motion SHIPS.—Section 104(b) of their Indian Health ‘‘(i) it is not possible for the recipient to meet to reconsider be laid upon the table, that obligation or make that payment; Care Improvements Act (25 U.S.C. 1613a(b)) is and that any statements relating to amended— ‘‘(ii) requiring that recipient to meet that obli- (1) in paragraph (3)— gation or make that payment would result in ex- the bill appear at the appropriate place (A) in subparagraph (A)— treme hardship to the recipient; or in the RECORD. (i) by striking the matter preceding clause (i) ‘‘(iii) the enforcement of the requirement to The PRESIDING OFFICER. Without and inserting the following: meet the obligation or make the payment would objection, it is so ordered. ‘‘(3)(A) The active duty service obligation be unconscionable. The bill (H.R. 3632) was deemed read under a written contract with the Secretary ‘‘(E) Notwithstanding any other provision of the third time and passed. under section 338A of the Public Health Service law, in any case of extreme hardship or for Act (42 U.S.C. 254l) that an individual has en- other good cause shown, the Secretary may f tered into under that section shall, if that indi- waive, in whole or in part, the right of the Unit- GENERAL ACCOUNTING OFFICE ed States to recover funds made available under vidual is a recipient of an Indian Health Schol- ACT OF 1996 arship, be met in a full-time practice, by serv- this section. ice— ‘‘(F) Notwithstanding any other provision of Mr. LOTT. Mr. President, I ask unan- (ii) by striking ‘‘or’’ at the end of clause (iii); law, with respect to a recipient of an Indian imous consent that the Governmental and Health Scholarship, no obligation for payment Affairs Committee be discharged from (iii) by striking the period at the end of clause may be released by a discharge in bankruptcy further consideration of H.R. 3864 and, (iv) and inserting ‘‘; or’’; under title 11, United States Code, unless that (B) by redesignating subparagraph (B) and discharge is granted after the expiration of the further, the Senate proceed to its con- (C) as subparagraphs (C) and (D), respectively; 5-year period beginning on the initial date on sideration. (C) by inserting after subparagraph (A) the which that payment is due, and only if the The PRESIDING OFFICER. The following new subparagraph: bankruptcy court finds that the non-discharge clerk will report. (B) At the request of any individual who has of the obligation would be unconscionable.’’. The legislative clerk read as follows: entered into a contract referred to in subpara- (c) CALIFORNIA CONTRACT HEALTH SERVICES A bill (H.R. 3864) to amend laws authoriz- graph (A) and who received a degree in medi- DEMONSTRATION PROGRAM.—Section 211(g) (25 ing auditing, reporting, and other functions cine (including osteopathic or allopathic medi- U.S.C. 1621j(g)) is amended by striking ‘‘1993, by the General Accounting Office. cine), dentistry, optometry, podiatry, or phar- 1994, 1995, 1996, and 1997’’ and inserting ‘‘1996 macy, the Secretary shall defer the active duty through 2000’’. The PRESIDING OFFICER. Is there service obligation of that individual under that (d) EXTENSION OF CERTAIN DEMONSTRATION objection to the immediate consider- contract, in order that such individual may PROGRAM.—Section 405(c)(2) (25 U.S.C. ation of the bill? complete any internship, residency, or other ad- 1645(c)(2)) is amended by striking ‘‘September There being no objection, the Senate vanced clinical training that is required for the 30, 1996’’ and inserting ‘‘September 30, 1998’’. proceeded to consider the bill. practice of that health profession, for an appro- (e) GALLUP ALCOHOL AND SUBSTANCE ABUSE Mr. DOMENICI. Mr. President, I rise priate period (in years, as determined by the TREATMENT CENTER.—Section 706(d) (25 U.S.C. Secretary), subject to the following condi- 1665(d)) is amended to read as follows: in support of H.R. 3864, the General Ac- tions: ‘‘(d) AUTHORIZATON OF APPROPRIATIONS.— counting Office Management Reform ‘‘(i) No period of internship, residency, or There are authorized to be appropriated, for Act of 1996. The Congress has reduced other advanced clinical training shall be each of fiscal years 1996 through 2000, such spending for GAO by 25 percent over October 3, 1996 CONGRESSIONAL RECORD — SENATE S12403 1996–97. H.R. 3864 will allow GAO to The bill (H.R. 3910) was deemed read (1) IN GENERAL.—Notwithstanding any make the best use of limited resources the third time and passed. other provision of law, the authorized period by modifying or terminating a number Mr. LOTT. Finally, I believe, Mr. of stay in the United States of any non- of activities and reporting require- President—not finally, others are com- immigrant described in paragraph (2) is hereby extended through September 30, 1997. ments that are no longer central to ing. Agreements are wonderful. We (2) NONIMMIGRANT DESCRIBED.—A non- their mission. keep reaching them right up to the end immigrant described in this paragraph is a For example, section 102(d) of H.R. here. nonimmigrant— 3864 will eliminate a requirement f (A) who entered the United States as a placed on GAO by the Balanced Budget nonimmigrant described in section and Emergency Deficit Control Act of AUTHORIZING PERIOD OF STAY 101(a)(15)(H)(i)(a) of the Immigration and Na- 1985, also known as Gramm-Rudman. FOR CERTAIN NURSES tionality Act; Gramm-Rudman currently requires Mr. LOTT. Mr. President, I ask unan- (B) who was within the United States on or GAO to report whether the final se- imous consent that the Senate proceed after September 1, 1995, and who is within to the immediate consideration of S. the United States on the date of the enact- questration order from the Office of ment of this Act; and Management and Budget complies with 2197, which was introduced earlier (C) whose period of authorized stay has ex- the law. GAO has issued their report today by Senators FAIRCLOTH and pired or would expire before September 30, every year, even though in the 10 years MOSELEY-BRAUN. 1997 but for the provisions of this section. since Gramm-Rudman has been en- The PRESIDING OFFICER. The (3) LIMITATIONS.—Nothing in this section acted large-scale sequestrations have clerk will report. may be construed to extend the validity of only been a concern in two of those The legislative clerk read as follows: any visa issued to a nonimmigrant described years. H.R. 3864 would make this report A bill (S. 2197) to extend the authorized pe- in section 101(a)(15)(H)(i)(a) of the Immigra- tion and Nationality Act or to authorize the contingent upon request of the Budget riod of stay within the United States for certain nurses. re-entry of any person outside the United Committees, who no doubt would re- The PRESIDING OFFICER. Is there States on the date of the enactment of this quest such a report if the situation Act. objection to the immediate consider- warranted. (b) CHANGE OF EMPLOYMENT.—A non- Although section 102(d) is clearly ation of the bill? immigrant whose authorized period of stay is within the jurisdiction of the Budget There being no objection, the Senate extended by operation of this section shall Committee, I will not object because proceeded to consider the bill. not be eligible to change employers in ac- the Budget Committee supports the AMENDMENT NO. 5432 cordance with section 214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in effect change that is being made. I congratu- Mr. LOTT. Mr. President, Senators HATCH and KENNEDY have an amend- on the day before the date of the enactment late the chairman and ranking member of this Act). of the Governmental Affairs Commit- ment at the desk. I ask for its consideration. (c) REGULATIONS.—Not later than 30 days tee for producing a bill that will en- after the date of the enactment of this Act, The PRESIDING OFFICER. The courage efficiency in GAO operations the Attorney General shall issue regulations clerk will report the amendment. to carry out the provisions of this section. and urge that the bill do pass. The legislative clerk read as follows: Mr. LOTT. Mr. President, I ask unan- (d) INTERIM TREATMENT.—A nonimmigrant imous consent that the bill be deemed The Senator from Mississippi [Mr. LOTT], whose authorized period of stay is extended for Mr. HATCH, for himself and Mr. KENNEDY, read a third time, passed, the motion by operation of this section, and the spouse proposes an amendment numbered 5432. and child of such nonimmigrant, shall be to reconsider be laid upon the table, The amendment is as follows: considered as having continued to maintain and any statements relating to the bill Add at the end of the bill the following: lawful status as a nonimmigrant through be placed at the appropriate place in SEC. 2. TECHNICAL CORRECTION. September 30, 1997. the RECORD. Effective on September 30, 1996, subtitle A SEC. 2. TECHNICAL CORRECTION. The PRESIDING OFFICER. Without of title III of the Illegal Immigration Reform Effective on September 30, 1996, subtitle A objection, it is so ordered. and Immigrant Responsibility Act of 1996 is of title III of the Illegal Immigration Reform The bill (H.R. 3864) was deemed read amended— and Immigrant Responsibility Act of 1996 is the third time and passed. (1) in section 306(c)(1), by striking ‘‘to all amended— f final’’ and all that follows through ‘‘Act (1) in section 306(c)(1), by striking ‘‘to all and’’ and inserting ‘‘as provided under sec- final’’ and all that follows through ‘‘Act PROVIDING FOR EMERGENCY tion 309, except that’’; and’’ and inserting ‘‘as provided under sec- DROUGHT RELIEF (2) in section 309(c)(1), by striking ‘‘as of’’ tion 309, except that’’; Mr. LOTT. Mr. President, I ask unan- and inserting ‘‘before’’; and (2) in section 309(c)(1), by striking ‘‘as of’’ (3) in section 309(c)(4), by striking ‘‘de- and inserting ‘‘before’’; and imous consent that the Energy Com- scribed in paragraph (1)’’. (3) in section 309(c)(4), by striking ‘‘de- mittee be discharged from further con- Mr. LOTT. Mr. President, I ask unan- scribed in paragraph (1)’’. sideration of H.R. 3910 with regard to imous consent that the amendment be Mr. FAIRCLOTH. Mr. President, drought relief for Corpus Christi and, considered and agreed to. today the Senate passed a bill which I further, that the Senate proceed to its The PRESIDING OFFICER. Without cosponsored with my colleague from Il- consideration. objection, it is so ordered. linois, Senator MOSELEY-BRAUN. It is The PRESIDING OFFICER. The The amendment (No. 5432) was agreed designed to address a serious problem clerk will report. to. facing health care providers and pa- The legislative clerk read as follows: Mr. LOTT. Mr. President, I ask unan- tients in rural and inner city areas. A bill (H.R. 3910) to provide emergency imous consent that the bill be deemed Specifically, the legislation provides a drought relief to the city of Corpus Christi, read a third time, passed, the motion 1-year visa extension for foreign nurses Texas, and the Canadian River Municipal to reconsider be laid upon the table, Water Authority, Texas, and for other pur- under the expired H–1A Program. It is poses. and that any statements relating to supported by the American Nurses As- the bill be placed at the appropriate The PRESIDING OFFICER. Is there sociation, the American Hospital Asso- place in the RECORD. objection to the immediate consider- ciation, the American Health Care As- The PRESIDING OFFICER. Without ation of the bill? sociation, and the American Business objection, it is so ordered. There being no objection, the Senate Council for Fair Immigration Reform. The bill (S. 2197), as amended, was proceeded to consider the bill. In 1989, Congress passed the Immi- deemed read the third time and passed, Mr. LOTT. Mr. President, I ask unan- grant Nursing Relief Act which created as follows: imous consent that the bill be deemed the H–1A Visa Program to address a na- read a third time, passed, the motion S. 2197 tionwide nursing shortage which ex- to reconsider be laid upon the table, Be it enacted by the Senate and House of Rep- isted at that time. The H–1A Visa Pro- resentatives of the United States of America in gram expired in September 1995. As a and any statements relating to the bill Congress assembled, result, many rural and inner city hos- appear at the appropriate place in the SECTION 1. EXTENSION OF AUTHORIZED PERIOD RECORD. OF STAY FOR CERTAIN NURSES. pitals, nursing homes, and other health The PRESIDING OFFICER. Without (a) ALIENS WHO PREVIOUSLY ENTERED THE care facilities will lose the valuable objection, it is so ordered. UNITED STATES PURSUANT TO AN H–1A VISA.— services of foreign nurses who enable S12404 CONGRESSIONAL RECORD — SENATE October 3, 1996 these facilities to meet the health care The PRESIDING OFFICER. Without an unfortunate double standard that needs of their communities. objection, it is so ordered. has remained in the application of our While the shortage has subsided in f civil rights and labor laws. most parts of the country, shortages James Madison wrote that an effec- continue in many rural and inner city UNANIMOUS-CONSENT REQUEST— tive control against oppressive meas- areas. Foreign educated nurses holding SENATE CONCURRENT RESOLU- ures from the Federal Government on H–1A visas fill an important void which TION 74 the people is that Government leaders continues to exist in certain areas. Mr. BROWN. Mr. President, I ask ‘‘can make no law which will not have Without their professional services, the unanimous consent that the Senate its full operation on themselves and quality of patient care would dramati- proceed to the immediate consider- their friends, as well as the great mass cally decrease. In addition, I have ation of Senate Concurrent Resolution of the society.’’ heard from many rural health care pro- 74 submitted earlier by Senator BROWN Last year, this Congress—under Re- viders in North Carolina who informed correcting the enrollment of the FAA publican leadership—passed the Con- me that, without the services of for- authorization conference report; fur- gressional Accountability Act, requir- eign nurses, they would be unable to ther, I ask that the resolution be ing the Congress to live under the laws meet Federal and State staffing re- agreed to, the motion to reconsider be it passes—and oftentimes imposes—on quirements. laid upon the table, and that any state- the rest of the Nation. The White While a long-term solution to this ments relating to the resolution appear House, however, has remained exempt particular nursing shortage problem at the appropriate place in the RECORD. from these laws. After prodding from has not been developed, a short-term The PRESIDING OFFICER. Is there this Congress, the White House now solution is needed to address the exist- objection? agrees that this double standard should ing realities in rural and inner city Mr. DASCHLE. Regrettably, Mr. no longer exist, and our negotiations areas. The legislation which passed the President, I am compelled to object. this week have led to final passage of Senate today is a carefully crafted The PRESIDING OFFICER. Objec- the White House Accountability Act. short-term compromise. It affects only tion is heard. For many years I supported the Con- those H–1A nurses who are currently f gressional Accountability Act, and was glad to see this important legislation residing in the United States and ex- RELIEF OF NGUYEN QUY AN tends their length of stay until Sep- become law. For me, this was an issue tember 30, 1997. Importantly, this legis- Mr. LOTT. Mr. President, I ask unan- of fundamental fairness. Congress lation does not allow additional foreign imous consent that the Senate now should live under the laws it passes, nurses to enter the United States under proceed to consideration of H.R. 1087, and the White House should be no ex- the expired H–1A Visa Program, nor which was received from the House. ception. H.R. 3452 will allow all law- does it change any of the current re- The PRESIDING OFFICER. The makers—on Capitol Hill and in the Of- quirements for an H–1B visa. clerk will report. fice of the President—to learn first- This legislation was introduced and The legislative clerk read as follows: hand which laws work, and perhaps passed by unanimous consent today. A bill (H.R. 1087) for the relief of Nguyen more often than not, which laws are Thus, there was no committee action Quy An. overly intrusive and burdensome. and no legislative history relating to The PRESIDING OFFICER. Is there I think America’s labor leaders will the bill. As the author of the legisla- objection to the immediate consider- agree with me when I say that employ- tion, I wish to clarify section 1(b) gov- ation of the bill? ees of the White House should be pro- erning ‘‘Change of Employment.’’ It is There being no objection, the Senate tected by the same laws that the Presi- my intention that a change in an em- proceeded to consider the bill. dent approves for the rest of the coun- ployer’s ownership does not constitute Mr. LOTT. Mr. President, I ask unan- try. Employees should have the same a prohibited change of employment for imous consent that the bill be deemed rights and protections regardless of a nonimmigrant affected by this act. read a third time and passed, the mo- where they work—whether the individ- For example, if an employer changes tion to reconsider be laid upon the ual labors in the private sector, the its name as a result of a merger or ac- table, and that any statements relating Congress, and yes, even in the White quisition, I intend that the non- to the bill appear at the appropriate House. immigrant be eligible to continue em- point in the RECORD. The White House Accountability Act ployment for the new owner. In such The PRESIDING OFFICER. Without applies to all workers at the White circumstances, it is my intention that objection, it is so ordered. House except those appointed by the this legislation permits the Immigra- The bill (H.R. 1087) was deemed read President with Senate confirmation, tion and Naturalization Service to a third time, and passed. those appointed to advisory commit- process an I–129 petition to reflect this f tees, and members of a uniformed serv- technical change. The same rules ice. This legislation requires the White PRESIDENTIAL AND EXECUTIVE should apply to circumstances in which House to enforce 11 civil rights and OFFICE ACCOUNTABILITY ACT a nonimmigrant changes work loca- labor laws for its workers as a matter tions with the same employer. Mr. LOTT. Mr. President, I ask unan- of law, not just a matter of policy. Finally, I wish to thank Senator imous consent that the Senate now These standards include the Civil SIMON for his assistance in passing this proceed to the consideration of Cal- Rights Act, the Family and Medical legislation. It has been a privilege to endar No. 636, H.R. 3452. Leave Act, the Americans with Disabil- work with him to address a serious The PRESIDING OFFICER. The ities Act, OSHA, and the Fair Labor problem confronting both Illinois and clerk will report. Standards Act. North Carolina. In particular, I am The legislative clerk read as follows: This is a bipartisan bill that passed glad to have had this opportunity to A bill (H.R. 3452) to make certain laws ap- the House of Representatives last week work with him one last time before he plicable to the Executive Office of the Presi- on a vote of 410–5. The White House retires at the end of this Congress. I dent, and for other purposes. asked for some modifications to the congratulate him on a distinguished The PRESIDING OFFICER. Is there House legislation, and while I did not career and wish him well in the future. objection to the immediate consider- agree with all of their requests, we Mr. LOTT. Mr. President, I suggest ation of the bill? have reached an accommodation that the absence of a quorum. There being no objection, the Senate will—for the first time in our history— The PRESIDING OFFICER. The proceeded to consider the bill. give White House employees protection clerk will call the roll. f under the law. I also am encouraged The legislative clerk proceeded to that we were able to persuade the call the roll. THE WHITE HOUSE White House to accept a provision en- Mr. BROWN. Mr. President, I ask ACCOUNTABILITY ACT suring that White House employees unanimous consent that the order for Mr. COATS. Mr. President, the Sen- will not lose their jobs if they take the quorum call be rescinded. ate today will pass a bill to eliminate time off under the Family and Medical October 3, 1996 CONGRESSIONAL RECORD — SENATE S12405 Leave Act to care for a newborn or sick Housing Assistance and Self-Deter- existing HUD programs into tribal child, a spouse, or a parent. This is a mination Act of 1996. The bill we have block grants and the separation of In- significant victory for the families of received from the House just 2 days ago dian housing from HUD’s urban-ori- employees who work in the Executive will separate Indian housing from pub- ented public housing programs. Tribal Office of the President. lic housing and transform HUD-as- block grants are consistent with long- Mr. President, American workers de- sisted native American housing pro- standing principles of Indian self-deter- serve the right to be free from dis- grams into tribal block grants that mination and tribal self-governance crimination, the right to work in a safe will, for the first time, provide this and should enhance the long-standing and healthy work environment, the Federal funding directly to native trust relationship between the United right not to be harassed or fired simply American Indian tribal governments. States and Indian tribal governments. because or race, sex, disability, or age. First, I want to recognize and com- Mr. President, I am asking that my White House workers deserve the same mend Congressman RICK LAZIO for colleagues support immediate consider- rights and protections that now extend spearheading the development of this ation and enactment of H.R. 3219. I am from our Nation’s assembly lines to legislation in the 104th Congress and pleased with the progress that we have our Nation’s general assembly. The bill for his efforts to involve the Indian made this year to fashion an Indian we are passing today ensures that tribes and the National American In- housing bill that will best fit the needs those rights will be enforced for em- dian Housing Council in the develop- of tribal communities. However, while ployees of the White House. ment of the bill. I also want to pay I can support this bill as passed by the AMENDMENT NO. 5434 tribute to the steady and strong leader- House on the eve of adjournment, I (Purpose: To improve the remedial and ship of Senators D’AMATO and MACK, must express my serious concerns with enforcement provisions) the respective chairmen of the Senate the House-passed provisions which re- Mr. LOTT. Mr. President, Senator Banking Committee and its Housing treat from previous Senate-House agreements reached during conference COATS has an amendment at the desk. Opportunities Subcommittee, and for I ask for its consideration. their cooperation this past year in on public housing reform legislation. The PRESIDING OFFICER. The working with the Committee on Indian Unfortunately, the Congress was un- clerk will report. Affairs to ensure that the housing able to complete work on the larger The legislative clerk read as follows: needs of Indian people would be appro- public housing reform bill this year, priately considered and included in the but real progress on Indian housing re- The Senator from Mississippi (Mr. LOTT), form should not be forfeited because of for Mr. COATS, proposes an amendment num- public housing reform legislation. One bered 5434. public example of this cooperative ef- this inability. fort is the joint hearing held earlier H.R. 3219 reflects many of the agree- Mr. LOTT. Mr. President, I ask unan- ments reached between Indian tribes, imous consent that reading of the this year between the Committee on Indian Affairs and the Senate Banking Indian Housing Authorities, the admin- amendment be dispensed with. istration and the Congress. But, as (The text of the amendment is print- Committee to review the provisions of the Native American Housing Act and typically happens in the last remaining ed in today’s RECORD under ‘‘Amend- days of a congressional session, ments Submitted.’’) to receive comments from Indian Coun- try on how best to draft Indian housing changes were adopted to the bill in Mr. LOTT. Mr. President, I ask unan- order to pave the way for House pas- imous consent that the amendment be reform legislation. Mr. President, the housing problems sage. I am particularly disturbed by considered agreed to. confronting Indian people are far more provisions adopted by the House re- The PRESIDING OFFICER. Without serious than those facing non-Indians. garding the application of the Davis- objection, it is so ordered. Recent studies indicate that 28 percent Bacon wage requirements to the entire The amendment (No. 5434) was agreed of all American Indian and Alaska Na- Indian housing bill, including programs to. tive families live in substandard, over- which previously had limited exemp- Mr. LOTT. Mr. President, I ask unan- crowded housing that lacks the basic tions from Davis-Bacon. The House imous consent that the bill be deemed amenities of indoor plumbing, elec- changes will result in a loss of direct read a third time and passed, the mo- tricity, or heating. By way of compari- funding to Indian tribes for housing de- tion to reconsider be laid upon the son, less than 51⁄2 percent of all Ameri- velopment. table, and that any statements relating cans live in similar conditions. Addi- As long as I have worked with Indian to the bill appear at the appropriate tionally, more than 90,000 native Amer- affairs, I have heard from Indian tribes, point in the RECORD. ican families are estimated to be time and time again, overwhelming op- The PRESIDING OFFICER. Without underhoused or homeless. position to the application of Davis- objection, it is so ordered. The severe housing problems facing Bacon wage requirements on Indian The bill (H.R. 3452), as amended, was Indian people are compounded by pov- reservations. As chairman of the Com- deemed read a third time, and passed. erty and unemployment levels in na- mittee on Indian Affairs, I have an ob- f tive American communities that are of ligation to protect tribal sovereignty epidemic proportions. The number of and fight the age-old paternalism of FEDERAL ASSISTANCE FOR Indian families with incomes below the the Federal Government to impose INDIAN TRIBES poverty line is nearly three times the policies on Indian tribes that are not Mr. LOTT. Mr. President, I ask unan- average rate for families throughout appropriate and that undermine the imous consent that the Senate imme- the rest of the Nation. The average inability of tribal governments to make diately proceed to the consideration of come of native Americans is less than their own decisions about how to pro- H.R. 3219, which is at the desk. $4,500 per person per year. tect their people and manage their own The PRESIDING OFFICER. The HUD programs have been the major affairs. I realize that a complete ex- clerk will report. source of housing assistance available emption of Davis-Bacon is not politi- The legislative clerk read as follows: to Indian communities. Regular mort- cally feasible in this Congress. How- A bill (H.R. 3219) to provide Federal assist- gage financing has not been available ever, for practical and policy reasons, I ance for Inidan tribes in a manner that recon Indian reservations because of the believe that the Secretary of HUD ognizes the right of tribal self-governance, unwillingness of the private sector to should have the authority to grant and for other purposes. broaden investment and lending oppor- waivers to Indian tribal governments, The PRESIDING OFFICER. Is there tunities in part because of the chal- at their request, who can provide clear objection to the immediate consider- lenges presented by the unique status evidence of the impracticality of ation of the bill? of Indian trust lands. Davis-Bacon. There being no objection, the Senate The statistics on Indian housing re- In my view, the wage requirements of proceeded to consider the bill. veal an overwhelming need to change the Davis-Bacon Act inhibit the ability Mr. MCCAIN. Mr. President, I rise the status quo on HUD assistance to of Indian tribal governments to provide today in support of prompt enactment Indian tribes. For these reasons, I safe and affordable homes to their trib- of H.R. 3219, the Native American strongly support the transformation of al members. I understand that for some S12406 CONGRESSIONAL RECORD — SENATE October 3, 1996 tribal areas, Davis-Bacon may actually NATIONAL CONGRESS OF ican Housing Assistance and Self-De- provide some benefit, but these situa- AMERICAN INDIANS, termination Act of 1996 (H.R. 3219). I tions are few and far between. For September 30, 1996. would like to express my appreciation most of Indian Country, which is large- Re Indian Housing reform provision. to Senate Committee on Indian Affairs ly rural and isolated, Davis-Bacon inor- Hon. JOHN MCCAIN, Chairman JOHN MCCAIN, Senator TED dinately raises the cost of construction Chairman, Committee on Indian Affairs, U.S. STEVENS, Senator PETE DOMENICI and Senate, Washington, DC. Senator BEN NIGHTHORSE CAMPBELL for of a typical housing unit and delays DEAR CHAIRMAN MCCAIN: I am writing with many Indian housing projects, thereby regard to the Indian Housing reform provi- their commitment and dedication to diminishing the efficiency of tribal sions passed in the House on 28 September reforming Indian housing policy. In ad- housing development. 1996, and now being considered in the Senate. dition, I would like to commend the As applied on reservations, Davis- As you know, our tribes have gone on record House of Representatives for taking in support of the ‘‘Lazio bill’’ introduced by the initiative in developing and passing Bacon rates are much higher than they Rep. Lazio in the House earlier in this ses- would otherwise be due to the fact that this important legislation. sion. Enclosed find Resolution No. TLS–96– This legislation originally passed the Indian reservations are located in 101C in support of that legislation. Nonethe- House of Representatives as title VII of largely rural areas which are not less, we have serious concerns with several H.R. 2406, the United States Housing unionized and little or no effort is provisions in the current version of the bill. Act of 1996. On June 20, 1996, the Senate made to compute Davis-Bacon rates When I testified on the Native American Committee on Banking, Housing, and that are specific to each reservation housing reform bill in June, consistent with Urban Affairs and the Senate Commit- setting. Factors such as geographic iso- tribal sovereignty the legislation contained a tribal ‘‘opt-in/opt-out’’ provision regarding tee on Indian Affairs held a joint hear- lation, high poverty and unemploy- the federal Davis Bacon Act. The new labor ing on this bill and the future of Indian ment levels, and the restricted status standards section does not contain this trib- housing policy for our Nation. of Indian trust lands have dem- al option, and contradicts even existing lim- The cornerstone of H.R. 3219 is the onstrated that Davis-Bacon is unwork- ited exemptions for the application of this promotion of the essential Federal-In- Act. able and inefficient for Indian housing. dian policy of tribal self-determination Under the block grant approach, unfor- In addition, the old version of the housing reform bill contained a $650 million author- and self-governance. It recognizes the tunately, these problems will only be ization to fund this critical reform legisla- unique government to government re- exacerbated. As one tribal member tion. The current version of the housing bill lationship between the Federal Govern- pointed out to me, ‘‘we are being forced does not contain a specific provision regard- ment and Indian tribes. The bill also to pay Cadillac prices for Volks- ing authorizations and funding, but rather a makes a long overdue recognition that wagens.’’ general authorization statement. the conditions of American Indian and I realize that Indian tribes, Indian Mr. Chairman, having noted our strong opposition to these provisions, the NCAI sup- Alaska Native housing are very dif- Housing Authorities, the National ports this legislation. ferent from those of urban public hous- American Indian Housing Council and Sincerely, ing and responds by separating the pro- the National Congress of American In- W. RON ALLEN, grams from each other. dians support the separation of Indian President. This legislation is supported by the housing from public housing and view majority of Indian tribes and Indian this legislation as an important and NATIONAL AMERICAN INDIAN Housing Authorities across America. It historic step to accomplish this long- HOUSING COUNCIL, responds to tribal requests for reduced Washington, DC, September 30, 1996. awaited goal. Despite my strong res- Government regulation, greater flexi- Hon. JOHN MCCAIN, Chairman, ervations about supporting a bill that Senate Committee on Indian Affairs, bility, and the consolidation of funding is less than what I believe can be ac- U.S. Senate, Washington, DC. sources into block grants. In addition, complished, I support prompt enact- DEAR CHAIRMAN MCCAIN: The National it recognizes the reluctance of the pri- ment of H.R. 3219. I share the views of American Indian Housing Council (NAIHC) is vate sector to provide housing on trust Indian tribes who are convinced that requesting that you support the Native or restricted land by broadening the this is the best available opportunity American Housing Assistance and Self-De- scope of the loan guarantee program termination Act of 1996 (HR 3219). On Satur- and providing for 50-year leasehold infor us to reform HUD-assisted Indian day, September 28, 1996, the House of Rep- housing programs. It is imperative that resentatives passed HR 3219 as amended. terests on such lands. we should not continue the status quo NAIHC has reviewed the House-passed ver- Importantly, the bill maintains max- of housing conditions in Indian Coun- sion and continue to support this bill. imum rent restrictions to protect re- try any longer than is necessary. This historic legislation was introduced by cipients of housing assistance. The For years, I have worked to turn over Congressman Rick Lazio, Chairman of the monthly rent or homebuyer payment Subcommittee on Housing and Community authority and funding to Indian tribes may not exceed 30 percent of the Opportunities, earlier this year. Congress- monthly adjusted income of such fam- for their direct management of housing man Lazio has worked very closely with the programs, consistent with long-stand- ily. However, a tribally designated Native American community since the bill’s housing entity may choose to require a ing principles of Tribal Self-Deter- introduction and has continually sought our mination and Self-Governance. With input. The bill incorporates many changes monthly housing payment which is less much effort and work by Indian tribes, that have created problems in our commu- than 30 percent. Although this bill is not perfect, it H.R. 3219 will bring Indian country nities and encourages our right to self-deter- represents a strong beginning in the closer to these goals. Next year, I will mination, a goal you have long supported. In June, NAIHC’s membership passed Reso- process of devolving control of housing continue to work to exempt HUD-as- lution 96–01 supporting this legislation. The policy from the Federal Government to sisted construction activities on Indian resolution passed with a vote of 125 for to 12 the States and localities, in this case lands from the application of the opposing. As you can see, there is an over- the tribally designated housing enti- Davis-Bacon Act wage requirements, whelming majority of our people who believe ties. The Senate Committee on Bank- because those requirements simply un- the changes HR 3219 will bring are greatly needed and long overdue. NAIHC recognizes ing stands ready to legislate any nec- dermine tribal authority and waste essary improvements which may be re- critically-needed housing funds. that the version of HR 3219 that Resolution 96–01 supports was somewhat revised as it quired prior to final implementation of Mr. President, I ask unanimous con- made its way through the legislative process. the legislation. I rise to support the sent that copies of letters from the Na- Resolution 96–01, however, supports the con- adoption of the Native American Hous- tional Congress of American Indians cepts of HR 3219 which have remained in- ing Assistance and Self-Determination and the National American Indian tact. Act of 1996. Housing Council be printed in the Please pass this historic legislation before Mr. STEVENS. Mr. President, I Congress departs for recess. Thank you for RECORD. I thank my colleagues for would like to say just a few words their support of prompt enactment of your continued support of Native Americans. Sincerely, about H.R. 3219, The Native American this important legislation. JACQUELINE L. JOHNSON, Housing Assistance and Self-Deter- There being no objection, the mate- Chairperson. mination Act, which, if passed and rial was ordered to be printed in the Mr. D’AMATO. Mr. President, I rise signed into law, could become a land- RECORD, as follows: to support passage of the Native Amer- mark in the development of responsive October 3, 1996 CONGRESSIONAL RECORD — SENATE S12407 and responsible housing for Indians and ing units. This provision is to hold Commission who are considered to be Fed- other native Americans throughout harmless all native American housing eral employees under section 6(e) of Public this country. authorities or tribes from unantici- Law 96–380 (42 U.S.C. 4276(e)) shall make con- To say that the time has come for pated consequences of a new formula, tributions to and participate in Federal health insurance, life insurance, and retire- legislation like H.R. 3219 is to indulge while the tribes are guaranteed the opment programs to the same extent and in the in understatement. For far too long na- portunity to participate in determining same manner as before the date of enact- tive Americans have been required to the funding allocation through nego- ment of this section. The Commission shall look to the U.S. Government—espe- tiated rulemaking with HUD. make any such contributions from funds re- cially HUD, for direction and funding If a technical correction is needed to ceived through contracts. in the essential area of housing. Pas- ensure that small tribes and Indian Section 615 of the Departments of Com- sage of H.R. 3219 will enable Native housing authorities are held harmless merce, Justice, and State, the Judiciary, and Alaskans and other native Americans during this negotiated rulemaking Related Agencies Appropriations Act, 1997 (contained in Pub. L. No. 104–208) is amended to become responsible for their own process, I will work with the Senator by deleting ‘‘and ‘‘Community Oriented Po- housing decisions. from Nevada to seek such correction licing Services Program’’ ’’ and by deleting Mr. President, I am particularly early in the next Congress. ‘‘and part Q of title I of the Omnibus Crime proud of the fact that Ms. Jackie John- Mr. BRYAN. Mr. President, I appre- Control and Safe Streets Act of 1968’’. The son, a Tlinqit from Juneau, AK, who is ciate the willingness of the Senator amendments made by this section should Chair of the National American Indian from Florida to deal with this issue ex- take effect upon enactment. Housing Council, played such an impor- peditiously in the next Congress, if it is Mr. LOTT. Mr. President, the staff is tant role in the initiation and develop- necessary to ensure that tribes which working desperately to wrap up a cou- ment of this historic legislation. Ms. might be negatively affected by this ple of final items. We feel like we need Johnson has poured an enormous bill will have their concerns addressed. to go ahead and close because as long amount of work into this effort as has Mr. LOTT. Mr. President, I ask unan- as we stay here, there will be other op- the entire National American Indian imous consent that the bill be deemed portunities to try to get something Housing Council. I also want to thank read a third time and passed, the mo- cleared. I think we have done a very members of the Association of Alaska tion to reconsider be laid upon the good job of moving some noncontrover- Housing Authorities and its president, table, and that any statements relating sial bills. We have had good coopera- Kristian N. Anderson, all of whom con- to the bill appear at the appropriate tion on both sides. tributed so much toward the develop- point in the RECORD. So I do have just two or three more, ment of this legislation. All these fine The PRESIDING OFFICER. Without and then we will wrap up. Alaskans have reason to be proud. objection, it is so ordered. f I am hopeful, Mr. President, that pas- The bill (H.R. 3219) was deemed read sage of H.R. 3219 will mark the begin- a third time, and passed. MINING INSTITUTE LEGISLATION ning of a new era in native and Indian f Mr. LOTT. Mr. President, I ask unan- Housing that is responsive and respon- ADVISORY COMMISSION ON imous consent that the Senate proceed sible—and most importantly, by and INTERGOVERNMENTAL RELATIONS to the immediate consideration of Cal- for native Americans. endar No. 501, H.R. 3249. Mr. BRYAN. Mr. President, today the Mr. LOTT. Mr. President, I send a The PRESIDING OFFICER. The Native American Housing Assistance bill to the desk in behalf of Senators clerk will report. and Self-Determination Act, H.R. 3219, STEVENS and MOYNIHAN, and I ask that The legislative clerk read as follows: it be considered and agreed to, and the will pass the Senate. I would like to A bill (H.R. 3249) to authorize appropria- enter into a short colloquy with Sen- motion to reconsider be laid upon the tions for a mining institute to develop do- ator MACK, the subcommittee chair- table. mestic technological capabilities for the re- man of the Subcommittee on Housing The PRESIDING OFFICER. The covery of minerals from the Nation’s seabed, Opportunity and Community Develop- clerk will report. and for other purposes. ment. The legislative clerk read as follows: The PRESIDING OFFICER. Is there In Nevada, there are a number of A bill (S. 2198) to extend the Advisory Com- objection to the immediate consider- small Indian tribes which are very de- mission on Intergovernmental Relations and ation of the bill? correct the enrollment of a bill. pendent upon the funding they receive There being no objection, the Senate from Department of Housing and Urban Mr. LOTT. Mr. President, this is a proceeded to consider the bill. Development for their local housing bill to extend the Advisory Commission Mr. LOTT. Mr. President, I ask unan- programs. Under this bill, the funding on Intergovernmental Relations and imous consent that the bill be deemed for native American housing assistance correct the enrollment of that bill. read a third time and passed, the mo- will be provided to tribes through The PRESIDING OFFICER. Is there tion to reconsider be laid upon the block grants for operation, moderniza- objection to the immediate consider- table, and that any statements be tion, and new development through a ation of the bill? placed at the appropriate place in the There being no objection, the Senate new funding formula. For fiscal year RECORD as if read. 1997, this legislation provides for hold proceeded to consider the bill. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without harmless funding for small tribes like objection, it is so ordered. objection, the leader’s request is agreed those in Nevada. During fiscal year The bill (H.R 3249) was deemed read a to. 1997, the tribes will work with HUD third time, and passed. The bill (S. 2198) was deemed read a through a negotiated rulemaking pro- f cedure to implement this act, and de- third time, and passed, as follows: velop the funding allocation. SEC. . (a) Notwithstanding the provision DESIGNATION OF THE CLARION Tribes in my home State have raised under the heading ‘‘ADVISORY COMMISSION ON RIVER AS COMPONENT OF THE concerns that the current hold harm- INTERGOVERNMENTAL RELATIONS’’ under title NATIONAL WILD AND SCENIC IV of the Treasury, Postal Service, and Gen- RIVERS SYSTEM less provision might disadvantage eral Government Appropriations Act, 1996 small tribes that received no mod- (Public Law 104–52; 109 Stat. 480), the Advi- Mr. LOTT. Mr. President, I ask unan- ernization funding in fiscal year 1996, sory Commission on Intergovernmental Re- imous consent that the Senate proceed and that a technical correction may be lations may continue in existence solely for to the immediate consideration of H.R. necessary to ensure their funding level the purpose of performing any contract en- 3568, which is at the desk. is indeed held harmless. tered into under section 7(a) of the National The PRESIDING OFFICER. The Gambling Impact Study Commission Act Mr. MACK. Mr. President, as the clerk will report. Senator from Nevada stated, H.R. 3219 (Public Law 104–169; 110 Stat. 1487). The Advi- sory Commission on Intergovernmental Re- The legislative clerk read as follows: includes language to specifically relations shall terminate on the date of the A bill (H.R. 3568) to designate 51.7 miles of quire the allocation formula will pro- completion of such contract. the Clarion River, located in Pennsylvania, vide for the continuing operation and (b) The Advisory Commission on Intergov- as component of the National Wild and Sce- modernization needs of existing hous- ernmental Relations and employees of the nic Rivers System. S12408 CONGRESSIONAL RECORD — SENATE October 3, 1996 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without SEC. 402. GRANT AUTHORIZED. objection to the immediate consider- objection, it is so ordered. In recognition of the public service of ation of the bill? The bill (H.R. 4083) was deemed read President George Bush, the Secretary of There being no objection, the Senate a third time, and passed. Education is authorized to make a grant in accordance with the provisions of this Act to proceeded to consider the bill. f assist in the establishment of the George Mr. LOTT. Mr. President, I ask unan- Bush Fellowship Program, located at the imous consent that the bill be deemed INTERNATIONALLY RECOGNIZED HUMAN RIGHTS, REFUGEES AND George Bush School of Government and Pub- read a third time and passed, the mo- lic Service of the Texas A & M University. FOREIGN RELATIONS tion to reconsider be laid upon the SEC. 403. GRANT CONDITIONS. table, and that any statements relating Mr. LOTT. I ask unanimous consent No payment may be made under this Act to the bill appear at the appropriate the Senate now proceed to the consid- except upon an application at such time, in point in the RECORD. eration of H.R. 4036, which was received such manner, and containing or accompanied The PRESIDING OFFICER. Without from the House. by such information as the Secretary of Edu- objection, it is so ordered. The PRESIDING OFFICER. The cation may require. The bill (H.R. 3568) was deemed read clerk will report the bill. SEC. 404. APPROPRIATIONS AUTHORIZED. a third time, and passed. The legislative clerk read as follows: There are authorized to be appropriated such sums, not to exceed $3,000,000, as may be f A bill (H.R. 4036) making certain provisions necessary to carry out the provisions of this with respect to internationally recognized Act. AMENDING THE WILD AND SCENIC human rights, refugees and foreign relations. RIVER ACT SEC. 405. EFFECTIVE DATE. The PRESIDING OFFICER. Is there This Act shall take effect on October 1, Mr. LOTT. Mr. President, I ask unan- objection to the immediate consider- 1996. imous consent that the Senate now ation of the bill? AMENDMENT NO. 5437 proceed to the consideration of H.R. There being no objection, the Senate 3155, another Wild and Scenic River (Purpose: To provide for the Edmund S. proceeded to consider the bill. Muskie Foundation) designation, which has been received AMENDMENTS NOS. 5435, 5436, 5437, 5438, 5439, EN At the appropriate place; insert the follow- from the House. BLOC ing new section: The PRESIDING OFFICER. The Mr. LOTT. I understand there are clerk will report. SEC. . EDMUND S. MUSKIE FOUNDATION. amendments at the desk offered by In recognition of the public service of Sen- The legislation clerk read as follows: Senators PELL, KERRY, FORD, KASSE- ator and Secretary of State Edmund S. A bill (H.R. 3155) to amend the Wild and BAUM, and JEFFORDS. I ask unanimous Muskie, the Secretary of Education is au- Scenic River Act by designating the Wekiva consent that the amendments be con- thorized to award a grant in accordance with River, Seminole Creek, and Rock Springs sidered and agreed to en bloc and the the provisions of this Act to assist in the es- Run in the State of Florida for study and po- motions to reconsider be laid upon the tablishment of the Edmund S. Muskie Foun- tential addition to the National Wild and dation, located in Washington, DC, by pro- Scenic Rivers System. table. The PRESIDING OFFICER. Without viding assistance to support the foundation, The PRESIDING OFFICER. Is there including assistance to be used for awarding objection, it is so ordered. objection to the immediate consider- stewardships, supporting the Muskie ar- The amendments (Nos. 5435, 5436, chives, and supporting the Edmund S. ation of the bill? 5437, 5438, and 5439) were agreed to en There being no objection, the Senate Muskie Institute of Public Affairs. bloc, as follows: proceeded to consider the bill. AMENDMENT NO. 5438 Mr. LOTT. Mr. President, I ask unan- AMENDMENT NO. 5435 Strike Section 104. imous consent that the bill be deemed (Purpose: Human rights, refugee and other AMENDMENT NO. 5439 read a third time and passed, the mo- foreign relations issues) (Purpose: To authorize funds for the Calvin tion to reconsider be laid upon the Delete sections 101 and 102. Coolidge Memorial Foundation) table, and that any statements relating AMENDMENT NO. 5436 At the appropriate place, insert the follow- to the bill appear at the appropriate (Purpose: Human rights, refugee and other ing: point in the RECORD. foreign relations issues) SEC. ll. CALVIN COOLIDGE MEMORIAL FOUN- The PRESIDING OFFICER. Without At the end of the bill add the following new DATION GRANT. objection, it is so ordered. title: (a) DEFINITIONS.—In this section: The bill (H.R. 3155) was deemed read TITLE III—CLAIBORNE PELL INSTITUTE (1) FOUNDATION.—The term ‘‘Foundation’’ a third time, and passed. FOR INTERNATIONAL RELATIONS AND means the Calvin Coolidge Memorial Foun- PUBLIC POLICY dation. f (2) SECRETARY.—The term ‘‘Secretary’’ SEC. 301. SHORT TITLE. means the Secretary of Education. EXTENDING CERTAIN PROGRAMS This title may be cited as the ‘‘Claiborne UNDER THE ENERGY POLICY (b) GRANT AUTHORIZED.—The Secretary is Pell Institute for International Relations authorized to make a grant in the amount of AND CONSERVATION ACT and Public Policy Act’’. $1,000,000 in accordance with the provisions Mr. LOTT. Mr. President, I ask unan- SEC. 302. GRANT AUTHORIZED. of this section to the Foundation. imous consent that the Senate now In recognition of the public service of Sen- (c) GRANT CONDITIONS.— proceed to the consideration of H.R. ator Claiborne Pell, the Secretary of Edu- (1) APPLICATION.—No payment may be cation is authorized to award a grant, in ac- 4083, which was received from the made under this section except upon an ap- cordance with the provisions of this title, to plication at such time, in such manner, and House. assist in the establishment and operation of containing or accompanied by such informa- The PRESIDING OFFICER. The the Claiborne Pell Institute for International tion as the Secretary may require. clerk will report. Relations and Public Policy, located at (2) USE OF GRANT FUNDS.—Funds received The legislative clerk read as follows: Salve Regina University, Newport, Rhode Is- under this section may be used for any of the A bill (H.R. 4083) to extend certain pro- land, including the purchase and renovation following purposes: grams under the Energy Policy and Con- of facilities to house the Institute. (A) To increase the endowment of the servation Act through September 30, 1997. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. Foundation. The PRESIDING OFFICER. Is there There are authorized to be appropriated for (B) To conduct educational, archival, or preservation activities of the Foundation. objection to the immediate consider- fiscal year 1997 such sums, not to exceed $3,000,000, as may be necessary to carry out (d) AUTHORIZATION OF APPROPRIATIONS.— ation of the bill? this title. There are authorized to be appropriated to There being no objection, the Senate SEC. 304. EFFECTIVE DATE. the Secretary $1,000,000, without fiscal year proceeded to consider the bill. This title shall take effect on the date of limitation, to carry out the provisions of Mr. LOTT. Mr. President, I ask unan- enactment of this Act. this section. (e) EFFECTIVE DATE.—This section shall imous consent that the bill be deemed TITLE IV—GEORGE BUSH SCHOOL OF take effect on October 1, 1996. read a third time and passed, the mo- GOVERNMENT AND PUBLIC SERVICE tion to reconsider be laid upon the SEC. 401. SHORT TITLE. Mr. LOTT. I ask unanimous consent table, and that any statements relating This Act may be cited as the ‘‘George Bush that the bill, as amended, be read three to the bill appear at the appropriate School of Government and Public Service times and passed, and the motion to re- point in the RECORD. Act’’. consider be laid upon the table. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12409 The PRESIDING OFFICER. Without he has, but I think we need to end on There being no objection, the Senate objection, it is so ordered. as positive and as bipartisan a note as proceeded to consider the resolution. The bill (H.R. 4036), as amended, was we can. Mr. LOTT. Mr. President, I ask that passed. I congratulate him on many of his ef- the resolution be adopted and the mo- f forts over the last several months. I do tions to reconsider be laid upon the believe this has become a more biparti- table. RECORD ACCOMPLISHMENTS OF san and more cooperative and a more The PRESIDING OFFICER. Under THE 104TH CONGRESS productive session in part because of the previous order, the resolution is Mr. LOTT. Mr. President, before the the leadership that Senator LOTT has agreed to. 104th Congress does come to an end, I demonstrated. I hope that we can work The resolution (S. Res. 324) was want to take this opportunity to thank as successfully together in the new agreed to, as follows: all Senators for their cooperation and Congress. S. Res. 324 hard work with regard to many accom- f Resolved, That the Secretary of the Senate plishments of this Congress. This is one STAFF CONTRIBUTIONS shall transfer an amount not to exceed of the most productive Congresses in $100,000, from the resolution and reorganiza- recent memory, maybe not in terms of Mr. DASCHLE. Mr. President, as we tion reserve of the miscellaneous items ap- absolute numbers but in terms of his- watch them work, I am reminded again propriations account, within the contingent toric legislation. There is a long list. of the remarkable contribution made fund of the Senate, for use by the Director of I personally was involved and en- by our staff, the floor staff, our clerks, the Office of Senate Fair Employment Prac- joyed working on such bills as the tele- so many of the people in the cloak- tices for salaries and expenses of such Office communications reform legislation, rooms and in every facet of the oper- through January 30, 1997, related to carrying out the responsibilities of such Office in ac- which was a mighty effort that had ation of the Senate. I admire them for their amazing dedication to this insti- cordance with section 506 of the Congres- been in the making for 10 years. We sional Accountability Act of 1995 (2 U.S.C. had good bipartisan cooperation on tution and for their hard work each 1435). Effective date is October 1, 1996. that. We did get small business tax re- and every day they come to work. We lief and, of course, we have all talked do not thank them enough. They are f hard workers on both sides of the aisle. about welfare reform, health insurance RETIREMENT OF SENATOR ALAN reform, illegal immigration and the I will not begin to name names except John Doney only because we know SIMPSON, U.S. SENATOR, WYO- monumental task of putting together MING the omnibus appropriations bill with- he is retiring, but we thank him, we out extensions of time, and we got it applaud him, and we admire his great Mr. WARNER. Mr. President, I rise done. work—and their great work and con- to join other colleagues in wishing AL, I think we should rightfully take tribution to our effort each and every Ann, and their children the best for pride as we went along with more and day. their future. Senator SIMPSON has wise- more bipartisan effort, not always co- Again, I thank my colleagues and I ly reclaimed his life, the balance, for operation but we were working to- thank our leadership, and I certainly them. gether and we were able to get an thank my personal staff for the great I have waited until this moment, as agreement on a number of issues that job they have done in serving me and the Senate ‘‘retires’’ from the 104th looked as if we might not be able to working with us in the last 2 years. Congress to make my statement on be- With that I yield the floor. just days or weeks ago. half of one of the most valued and re- Mr. LOTT. Mr. President, I thank the spected friends I have ever had. When I was first elected majority Senator from South Dakota, the Demo- leader in June, the Senate was, frank- A fearless advocate for what he be- cratic leader, for observing the fine lieved. Integrity that could never be ly, in a logjam situation with regard to work that we do receive from our staff. several key issues. It was with great doubted. Some of them are on the back rail As the ‘‘whip’’ of our side of the aisle, cooperation and patience of all Sen- today. They work long hours. They ators, and especially my Republican his leadership reconciled the ‘‘moun- produce a lot of good legislation on tainous’’ Senate egos—ambitions— colleagues, our leadership team, and, both sides of the aisle. Our own per- quite frankly, with the leadership on when all seemed unreconcilable. Lead- sonal staffs in our offices work long ership is ‘‘background and backbone.’’ the other side of the aisle that we were hours, but the people here at the desks able to resolve many of those outstand- He was truly a son of the Senate, a son in front of us, they are here when the of a proud father, himself a Senator ing issues in an orderly fashion. doors open and they are the last ones However, with triumph does come from Wyoming. out. We would not dare presume to pro- disappointment. That goes to the fact By his side, to steady his hand, often ceed without their very capable and ef- that the Senate was not able to address to protect, on occasion, fellow Senators ficient work. As we have seen here in some of the issues that I really had from the ‘‘whip,’’ to temper his flowing the last few minutes, there has been a hoped that we would address in a dif- humor, to correct his record, was his real scramble to get the work done, but ferent way—the partial-birth abortion wife—loved and respected by all. I shall it is always done very professionally ban veto vote which was disappointing, dearly miss the Simpson family. and accurately, and I also extend my and I fully expect that matter will be f thanks to them. considered again in the next Congress. f But we had ample opportunity to de- SENATOR HOWELL HEFLIN bate and make our case. We had a vote, PROVIDING FUNDING FOR THE OF- Mr. LOTT. Mr. President, does the and in that one we just did not have FICE OF SENATE FAIR EMPLOY- Senator from Alabama have anything? enough votes to prevail, to override a MENT PRACTICES Is he willing to allow us to wrap this veto. Mr. LOTT. Mr. President, I ask unan- up? I know he is enjoying these last All in all, I believe that the entire imous consent to proceed to the imme- few moments that he is sitting here as membership of the 104th Congress can diate consideration of Senate Resolu- a Senator. We all have enjoyed working leave today proud of their accomplish- tion 324. with him so much. I found it interest- ments and return in January ready to The PRESIDING OFFICER. The ing that he is here watching these last take on the many new challenges that clerk will report the resolution. few moments. Would you like to leave face us. The legislative clerk read as follows: one last word for posterity? Mr. DASCHLE. Mr. President, let me A resolution (S. Res. 324) to provide fund- Mr. HEFLIN. It has sort of been a just make a couple of remarks prior to ing for the Office of Senate Fair Employ- historical sine die session. This being the time we finish our work today. ment Practices to carry out certain transi- my last few moments in the Senate, I Let me first begin by again congratu- tion responsibilities. though I would be here and watch this lating the majority leader on his first The PRESIDING OFFICER. Is there historic event. Thank you. few months in his new position. I would objection to the immediate consider- Mr. LOTT. We felt you presence. not characterize this Congress quite as ation of the resolution? Mr. HEFLINN. Thank you. S12410 CONGRESSIONAL RECORD — SENATE October 3, 1996 Mr. LOTT. We wish you Godspeed in memorate, by coin, President Washing- Mr. LOTT. Mr. President, I believe it all you do. ton. I ask unanimous consent to pro- has. The bewitching hour is before us. Does the Senator from Florida wish ceed to that bill. to speak? Mr. LOTT. Mr. President, it falls as f Mr. GRAHAM addressed the Chair. our responsibility as leaders sometimes The PRESIDING OFFICER. The Sen- to object when we really would rather CONDITIONAL ADJOURNMENT SINE ator from Florida. not. I would like to do this. I would DIE Mr. GRAHAM. Mr. President, I wish like to accommodate the Senator from Mr. LOTT. Mr. President, if there is to add my voice, first to the great Florida. I would like to accommodate no further business to come before the warmth of which we feel towards our him on this particular bill. But there Senate, I now move that the Senate esteemed colleague from Alabama and are a number of Senators who have stand in adjournment sine die under how much we will miss his presence. very important coin bills that they the provisions of House Concurrent And I appreciate the leadership that would like to move freestanding, and Resolution 230, or until 6 p.m., Friday, has been provided by both the majority they had objected to moving them indi- October 4, if the House fails to adopt and minority leaders during the ses- vidually and objected to them being House Concurrent Resolution 230. And sion. moved unless they were moved in a God be with you all. f group. I do not agree with that anal- The motion was agreed to, and at 6:54 UNANIMOUS-CONSENT REQUEST— ogy. I do not quite understand it, but I p.m., the Senate adjourned sine die, H.R. 2026 am constrained, unfortunately, to ob- conditioned on the House concurrence ject, as much as I prefer not to. Mr. GRAHAM. Mr. President, to keep in the Senate amendment to House The PRESIDING OFFICER. Objec- Concurrent Resolution 230. on this historical plane as we conclude, tion is heard. what would be more appropriate than Mr. LOTT. There being no further f to conclude the session by adopting business to come before the Senate—— singularly a bill that we already adopt- Mr. President, does the Senator from NOMINATIONS ed as part of the coin bill package, and Virginia wish to add one final word? that is the one to recognize our first Mr. WARNER. I just—— Executive nominations received by President, George Washington? Mr. LOTT. You do not have a unani- the Senate October 3, 1996: So, Mr. Leader, with your permis- mous consent request, do you? NATIONAL TRANSPORTATION SAFETY BOARD sion, I ask unanimous consent that we Mr. WARNER. No. Just to speak on GEORGE W. BLACK, JR., OF GEORGIA, TO BE A MEMBER proceed to a bill, H.R. 2026, which is at behalf of retiring Senators. But I judge OF THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A TERM EXPIRING DECEMBER 31, 2001. (REAPPOINT- the desk, which is the bill to com- that has now come to an end. MENT)